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STATES IN THE UNION BY CESSION
AND THROUGH
PURCHASES FROM FOREIGN NATIONS
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THE PUBLIC DOMAIN.
ITS EI IS TO ER Y,
...; ºr... .º-º-º-º-º: __--~~~~T
. . s.a. º. “
WITH REFERENCES TO THE WATIONAL DOMA/N, COLONIZATION, ACQU/REMENT OF
TERRIroRY. THE SURVEY, ADMINISTRATION AND SEVERAL METHODs of SALE
AND DISPOSITION OF THE PUBLIC DOMAIN OF THE UNITED STATES,
WITH SKETCH OF LEGISLATIVE HISTORY OF THE LAND STATES
AND TERRITORIES, AMD REFERENCES, TO THE LAND
SYSTEM OF THE COLOMIES, AND ALSO THAT
OF SEVERAL FOREIGM GOVERNMENTS.
EUIELIC LAND COMMISSION.
COMMITTEE ON CODIFICATION.
PREPARED, IN PURSUANCE OF THE ACTS OF CONGRESS OF MARCH 3, 1879, AND
JUNE 16, 1880, BY THOMAS DONALDSON, OF THE COMMISSION AND
COMMITTEE, AND GIVING THE RESULT OF THE SEVERAL
LAND LAWS FOR THE SALE AND DISPOSITION OF
- TEIE PUBLIC DOMAIN TO JUNE 30, 1880.
REVISED JULY 16, 1881.
ADDENDA To JUNE 30 AND DECEMBER 1, 1883.—PAGEs 517 to 1302.
ALL FORMS AND REGULATIONS TO DECEMBER 1, 1853.
REVISION AND ADDENDA TO JUNE 30 AND DECEMBER 1, 1883,
PREPARED IN PURSUANCE OF A JOINT RESOLUTION
OF CONGRESS APPROVED AUGUST 7, 1882.
BY
THOMAS DONALDSON.
b
WA. S. HIN G T ON :
GOVERNMENT PRINTING OFFICE.
1884.
H D
174
, 1333
J) & 8
1384a.
ORGANIZATION.
00MMITTEES ANB PUBLICATIONS
THE PUBLIC LAND COMMISSION.
ACTS OF CONGRESS OF MARCH 3, 1879, AND JUNE 16, 1880.
PRESIDENT, JAMES A. WILLIAMS/Commissioner General Land Office.
CLARENCE KING, U. S. Geologist.
ALEXANDER. T. BRITTON.
JOHN W. POWELL.
THOMAS DONALDSON.
SECRETARY, CLARENCE E. DUTTON, Capt. Ordnance, U. S. A.
COMMITTEES OF TEIE COMMISSION.
Committee on Classification :
JAMES A. WILLIAMSON, Chairman, ex officio.
CLARENCE KING.
JOHN W. POWELL.
º Committee on Codification :
JAMES A. WILLIAMSON, Chairman, ex officio.
ALEXANDER T. BRITTON.
THOMAS DONALDSON.
PUBLICATIONS OF THE COMMISSION.
Prepared and compiled by the Commission:
Preliminary report, with testimony, February 24, 1880, 1 vol.
\
{\. By the Committee on Codification.
- . Prepared and compiled by Mr. Alexander T. Britton: *
sº United States Land Laws, General and Permanent, 1 vol.
`s, United States Land Laws, Local and Temporary, 2 vols.
}
... N, Prepared and executed by Mr. Thomas Donaldson:
o The Public Domain, its History, with Statistics, 1 vol.
º
Å III
^)
º
...)
Ge.
,” *> .*
8 & /34/
A f §
I N T R O D U C T O R. Y .
[To THE THIRD EDITION.]
To avoid cutting the plates of the first and second editions of this book, from pages
No. 1 to 516, as issued in 1880 and 1881, the additional matter, bringing the book down
to June 30, 1882, June 30, 1883, and, where possible, to December 1, 1883, begins at
page 517 and ends at page 1302, and is in addenda and original chapters.
The system of thirty-five chapters adopted for and used in the original editions
has been followed with the addition of chapter 36, the annual business of the General
Land Office from June 30, 1882, to June 30, 1883, and chapter 37, “The Yellowstone
National Park.” Maps illustrative of the text of several chapters have been added
Chapter 32, “Existing methods of sale and disposition of public lands,” pages
1157 to 1179, is brought down to December 1, 1883.
The work was completed to June 30, 1882, several months ago, but in view of the
value of recent statistics or information the book was held back and chapter 36, the an-
nual business of the General Land Office for and to June 30, 1883, added. Information
has been especially sought for and given on matters which are of present and future
interest. As immediate legislation is requisite to save any of the remaining arable
public domain, the operations of existing laws and the evils thereunder are given in
detail. The chapters on “Land grants for railroads,” “Private land claims,” and
“Existing settlement and disposition of land” will be found full, and much important
data given, not found in such compact form for reference in any other publication.
Forms used in entries under the several laws are given in full, and an attempt
made to make clear, if possible, the present overgrown and cumbersome public land
System. . .
The regulations and forms are all official, and are in effect December 1, 1883.
The tables and statistics are all official. The conclusions, inferences, and many
suggestions are mine, and I alone am responsible for them.
The index is especially full, and should be relied upon to give the details for refer-
ence in finding the contents of this work.
It is a matter of regret that Congress did not in terms order the printing of the volume
of “Report and letters and testimony taken by the Public Land Commission,” Forty-
sixth Congress, second session (Ex. Doc. No. 46,690 pages). It is presumed, how-
ever, that such was the intention. It contains a mass of testimony relating to the
entire subject of the public lands, with suggestions of experts and persons occupying
the public domain. It is necessary to a full understanding of the character and
quality of the remaining public lands, and should be reprinted. It was prepared
under the direction of the Public Land Commission, which was composed of General
‘James A. Williamson, Commissioner of the General Land Office, an experienced and
cautious administrator; Clarence King, esq., the eminent geologist and scientist;
Alex. T. Britton, an acknowledged leader amongst the able bar of public land attor-
neys; Maj. John W. Powell, United States Geologist, who adds to practical knowledge
of the public domain scientific acquirements of value and use; and the undersigned.
y
VI INTRODUCTORY.
My thanks are due to Hon. Noah C. McFarland, Commissioner of the General Land
Office—at whose request the addenda to this work was executed—and Mr. Luther
Harrison, the efficient and experienced chief clerk; also to Mr. W. H. Walker, J.
Dempster Smith, J. W. Donnelly, and other chiefs of divisions of the same office, for
valuable aid and information furnished, without which the book could not have been
prepared. Dr. T. M. Baldwin, of the General Land Office, has essentially aided,
together with Mr. W. H. Boyle, in making this volume of service to the public.
Maj. George M. Lockwood, chief clerk of the Department of the Interior, has cheer-
fully assisted me in every manner possible. My thanks are especially due to numerous
gentlemen and lady clerks of the General Land Office, underpaid and overworked, who,
in addition to their regular duties, have worked many hours and days in preparing
statistics and information for use herein.
From the Commissioner to the porters of the General Land Office I am indebted to
all for courtesies. -
Capt. H. T. Brian and his patient assistants of the Government Printing Office,
along with Mr. J. H. Roberts and James W. White and Thomas B. Penicks, of the
same department, by constant attention and zeal, have added to former obligations.
If the data, statistics, and conclusions herein shall, in any manner, contribute
toward the saving and preservation of the remaining public lands for actual settlers
and residents, the labor will not have been, lost, and the investigation and time
required to prepare the matter will have been well spent.
THOMAS DONALDSON.
JANUARY 15, 1884.
C O N T E N T S.
CHAPTER I.—AREA OF THE NATIONAL DOMAIN, WHICH INCLUDES THE PUB- Page.
LIC DOMAIN, WITH STATISTICS, AND RECOMMENDATIONS AS
TO CHANGES IN EXISTING LAND LAWS:
FROM 1784 TO JUNE 30, 1880 ---------------------------- 1–29
FROM JUNE 30 AND DECEMBER 1, 1883. - - - - - - - - - - - - - - - - - 517–552
FROM 1784 to JUNE 30, 1883, AND DECEMBER 1, 1883.... 517-552
II.-ENGLISH COLONIZATION IN AMERICA AND COLONIAL CHARTERS
1579 TO 1774 TO DECEMBER 1, 1883 - - - - - - - - - - - - - - - - - - - - - - - - 30–55
III.-ORGANIZATION OF THE GOVERNMENT OF THE UNITED STATES,
AND CESSIONS OF LANDS THERETO BY THE SEVERAL STATES
OF THE UNION TO DECEMBER 1, 1883 .... ----.. - - - - - - - - - - - - 56–88
IV.-ACQUISITION, BY PURCHASE, CONQUEST, AND TREATY, OF TER-
RITORY TO THE NATIONAL AND PUBLIC DOMAIN BY THE
UNITED STATES FROM 1803 To 1867, IN FACT To DECEMBER
1, 1883 ---------------------------------------------------- 89–145
W.—THE ORDINANCE OF 1787. THE NORTHWEST AND SOUTHWEST-
ERN TERRITORIES TO DECEMBER 1, 1883. ------...----...----- 146–163
VI.-ADMINISTRATION AND SURVEYs:
To JUNE 30, 1880----------------------------------- ----- 164–177
To JUNE 30, 1882---------------------------------- - - - - - - 552–567
To JUNE 30 AND DECEMBER 1, 1883 - - - - - - - - - - - - - - - . . . . .1230–1238
VII. —Surve:YS OF THE PUBLIC LANDS: :
To JUNE 30, 1880.--------------------------------------- 178–195
To JUNE 30, 1882---------------------------------------- 567–676 :
TO JUNE 30 AND DECEMBER 1, 1883 - - - - - - - - - - - - - - - - - - - - 1239–1247
VIII.-METHOD of SALE, PRICE, AND DISPosition of THE PUBLIC
DomAIN FROM 1784 To 1880, 1882, AND To DECEMBER 1,
1883.--------------------------------------------------- 196—208, 676
IX. —MISCELLANEoUs DoNATIONs of LAND AND SPECIAL GRANTs.
209-213,676
X.—THE PRE-EMPTION ACTS AND SUGGESTED CHANGES: -
To JUNE 30, 1880---------------------------------------- 214–216
To JUNE 30, 1882-------------------------------, -------- 678–695
- To JUNE 30, 1883---------------------------------------- 1247
XI.-SALINE LANDS To JUNE 30, 1880, 1882, AND 1883..... 217-218,696, 1247
XII.—SWAMP AND OVERFLOWED LANDS: sº
To JUNE 30, 1880---------------------------------------- 219–222
To JUNE 30, 1882------------------------------------ - - - - 696–709
To JUNE 30, 1883--------------------------------------- 1248, 1249.
XIII.-EDUCATIONAL LAND GRANTs BY THE UNITED STATES To PUB-
LIC LAND AND OTHER STATES:
To JUNE 30, 1880---------------------------------------- 223–231
To JUNE 30, 1882---------------------------------------- 710,711
To JUNE 30, 1883--------------------------------------- 1249,1250
VIII CONTENTS.
Page.
CILAPTER XIV.-LAND BountLES FOR MILITARY AND NAVAL SERVICES
PRIOR TO 1861: *
To JUNE 30, 1880 ------------------------------------- 232–237.
To JUNE 30, 1882 ------------------------. ------------ 711–721
To JUNE 30, 1883 ------------------------------------ 1250, 1251
XV.-Two, THREE, AND FIVE PER CENT. FUNDs:
TO JUNE 30, 1880 ---------...------ ºs º ºs e º an º ºr sº º º sº * * • * ~ * * 238–239;
To JUNE 30, 1882 ------------------------------------. 721–727
To JUNE 30, 1883 ------------------------------------- 1251.
* XVI.-INDIAN RESERVATIONS FROM THE PUBLIC DOMAIN: -
To JUNE 30, 1880 --------------. ---------------------- 240–248,
To JUNE 30, 1882 ------------------------------------- 727–747
To JUNE 30, 1883 -----------------------------...----. 1251—1258.
XVII.-MILITARY RESERVATIONS UPON THE PUBLIC DOMAIN:
To JUNE 30, 1880 ---------...--------------------------. 249–254
To JUNE 30, 1882. ---, -------------------------------- 748–752
To JUNE 30, 1883 ------------------------------------ 1258–1260.
XVIII.—STATE SELECTIONS: *
To JUNE 30, 1880-------------------------------...--- 255.
To JUNE 30, 1882 ------------------------------------- 752
XIX. —DISTRIBUTION ACT OF SEPTEMBER 4, 1841, To JUNE 30, 1883.753–1260.
XX.-CANAL, WAGON, AND RAILROAD GRANTs:
To JUNE 30, 1880.------------------------------------ 257–258
To JUNE 30, 1882------------------------------------- 753–949.
TO JUNE 30, 1883- - - - - - - - - - - - - - .* a sº, ms a m = e s sº e s º ºs e s m is sº a sº e 1260–1276,
XXI.-SCRIP: .
To JUNE 30, 1880 ------------------------------------ 289–290 &
TO JUNE 30, 1882 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 949–962
To JUNE 30, 1883 ------------------------------------ 1276.
XXII.-GRADUATION ACT OF 1841:
To JUNE 30, 1880 -------------------------- ---------- 291
To JUNE 30, 1882 ------------------------------------ 962.
To JUNE 30, 1883 ------------------------------------ 1277
XXIII.—COAL LANDS:
To JUNE 30, 1880 ------------------------------------ 292–294.
To JUNE 30, 1882 -------------------------------- tº ſº gº tº 962
To JUNE 30, 1883 .---------------------------------- 1277, 1278.
XXIV.-DONATION ACTS: - • *
To JUNE 30, 1880 ---------------------------------... 295–297
To JUNE 30, 1882 ---------. -------------------------- 969,970.
To JUNE 30, 1883 ------------------------------------ 1278.
XXV.—TOWN SITES AND COUNTY SEAT ACTS:
To JUNE 30, 1880 ..... *& s º gº º gº tº ſº tº gº gº tº - - - - - - - - - - - - - ------ 298–305.
To JUNE 30, 1882 -----------------------------. ------ 970–978.
To JUNE 30, 1883 ---------------------------------- 1278, 1279.
XXVI.-MINES ON THE PUBLIC DOMAIN:
TO JUNE 30, 1880 ... ---...----...------ ... e º gº tº gº º sº º sº tº e º sº sº sº e se 306–331
To JUNE 30, 1882 ------------------------------------ 978–1015.
To JUNE 30, 1883 ----------------------------------- 1279–1282.
XXVII.-HOMESTEADS:
To JUNE 30, 1880 ---------------------------------- ... 332–356.
To JUNE 30, 1882 ----------------------------------- 1015–1047
To JUNE 30, 1883 ..... ---...--. - - - - - - - - - - - - - - - - - - - - - 1282–1284-
s
CONTENTS. IX
Page.
CHAPTER XXVIII.-TIMBER AND STONE ACTS: age
TO JUNE 30, 1880 --------------- - - - - - ------------ 357-359
To JUNE 30, 1882 --------------------------- ... - 1047–1088
To JUNE 30, 1883 ------------------------------- 1285–1289
XXIX.-TIMBER CULTURE: .
To JUNE 30, 1880 --------------------------- sº dº º sº gº 360–362
To JUNE 30, 1882 ------------------------------- 1088–1103
To JUNE 30, 1883 ------------------------------- 1289, 1290
XXX. —DESERT LANDS: TO JUNE 30, 1880-------------------. 363-364
TO JUNE 30, 1882. ------------------ 1103–1111
To JUNE 30, 1883.--------...-----. -- 1291, 1292
XXXI.-PRIVATE LAND CLAIMS:
To JUNE 30, 1880 -----. ------------------------ ... 365–410
TO JUNE 30, 1883 --------------------- 1111–1157, 1292, 1293
XXXII.-ExISTING METHODS OF CLASSIFICATION, EXISTING LAWS,
SALE AND DISPOSITION, AND CHANGES NECESSARY: -
TO JUNE 30, 1880 -...-...----. .------------------- 411-415
, TO DECEMBER 1, 1883 - - - - - - - - - - - - - - --------------1157–1179
XXXIII.—STATES AND TERRITORIES, 1776 TO 1880 - - - - -...----... 416–464
* STATES AND TERRITORIES, 1880 to DECEMBER 1, 1883-1179–1214
XXXIV.-TENURES IN THE AMERICAN COLONIES: -
- To JUNE 30, 1883, AND TO DECEMBER 1, 1883-----. 465–476
XXXV.—METHODS OF SURVEY AND DISPOSITION OF PUBLIC
OR CROWN LANDS IN CANADA, BRAZIL., MEXICO,
AND AUSTRALIA, TO DECEMBER 31, 1883 - - - - - - - - - - - - 517–544
XXXVI.—ANNUAL BUSINESS OF UNITED STATES GENERAL LAND
OFFICE, AND DISPOSITION OF PUBLIC LANDS, FROM
JUNE 30, 1880, To JUNE 30, 1883, AND ADMINISTRATIVE
STAFF, To DECEMBER 1, 1883, AND MISCELLANEOUS CIR-
CULARS AND GENERAL INFORMATION IN RELATION TO
THE PUBLIC LANDs, IN EFFECT DECEMBER 1, 1883...1217-1293
XXXVII.—THE YELLowsTONE NATIONAL PARK, DECEMBER 1, 1883-1294–1302
MAPS AND DIAGRAMS.
Page.
Map showing acquisition of national and public domain from 1776 to 1883--Frontispiece
Map showing method of surveying and classifying the public domain--------. 186
Map showing method of survey of and manner of making locations in a min-
eral district where survey lines have been run------------------------------ 188
Map showing method of triangulation and survey in mineral surveys in a dis-
trict where survey lines have not been run --------------------------------- 188
Map showing land holdings and surveys in Indian Territory to December 31,
1883 ---------------------------------------------------------------------- 462
Diagram showing method of survey and location of a crown grant of lands in
Virginia in 1773----------------------------------------------------------- 473
Diagram showing in detail data as to the public domain, to June 30, 1883----. 530
Diagrams (5) showing survey markings and method, rectangular system, under
survey instructions of May 3, 1881; in effect December 31, 1883 ... ---------. 668
Map showing Indian reservations in the United States west of the 84th merid-
ian, and number of Indians on the same, 1883-----------------------------. 726
Map showing area of land grants of public lands for canal, wagon, and rail
roads to June 30, 1883 ----------------------------------------------------. 948
Map showing railroads west of the Missouri River to which grants of public
lands or bond subsidies have been made, to June 30, 1883-------------------. 948
Map (approximate) showing the precious-metal regions of the public domain,
to June 30, 1883, west of the 100th meridian - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 978
Map (approximate) showing the location of the timber lands on the public do-
main, to June 30, 1883----------------------------------------------------- 1052
Map (approximate) showing the public domain where the desert land act ap-
plies---------------------------------------------------------------------- 1104
Map showing private land claims, patented or unpatented, or confirmed, in New
Mexico, Colorado, and Arizona, to June 30, 1883--- - - - - - - - - - - - - - - - - - - - - - - -. 1155
Map of the Yellowstone National Park, to June 30, 1883 ...----------...-...----. 1302
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wº COLONIZATION OF VIRGINIA. - 33
absolute. Under this second and enlarged charter, the first permanent settlements
were made at Henrico and City Point, at the latter under Lord De La War, in 1610,
and at the former under Sir Thomas Dale and Sir Thomas Gates, in 1611.
The third charter of Virginia, granted by King James I., March 12, 1612, annexed to
Virginia all the islands (Bermudas) within three hundred leagues of the coast and
between the thirtieth and forty-first degrees of north latitude, and allowed the com-
pany to hold meetings for business—an assembly.
The three charters of Virginia were vacated by the court of King's Bench by quo
warranto before July 15, 1625, the last year of King James' reign, and the London Wir-
ginia Company dissolved after pecuniary losses of more than £150,000 in attempting
colonization in America.
In 1619 was held a house of burgesses, or colonial legislature, at Jamestown. It
met on the 19th of June, and was the first legislative body in this country for the
enactment of laws by deputies of the people for their own government.
In 1625, May 13, Charles I. was crowned, and in the same year he issued a royal
proclamation for a commission to govern Virginia, alleging judicial repeal of the char-
ters and transformed the colony into a royal province. After this, the chartered limits
of the colony were reduced by including successive portions of it in other colonies.
The territory of Maryland, Delaware, and North Carolina, with parts of Pennsylvania,
New Jersey, South Carolina, and Georgia, was originally included in the jurisdiction
of the London Company. The residuum of the original territory of the first colony
of Virginia was claimed by the State of Virginia at the breaking out of the revolu-
tionary war, and was afterwards ceded to the Confederation for national uses.
In 1632 the laws of the colony were amended and improved.
The colony reluctantly accepted the Commonwealth in 1652, and during this period
the house of burgesses gained important privileges.
In 1660 they readily accepted Charles II.
In 1676 occurred Bacon's rebellion, a revolt against the tyranny and avarice of the
governors, Sir William Berkeley, Arlington, and Culpepper, in exacting excessive
taxes and other oppression.
In 1689 William and Mary were acknowledged.
In 1765 Virginia adopted resolutions against the right of any foreign government to
levy taxes therein.
In June, 1775, Lord Dunmore, governor from 1772, became so offensive to the people
by his intolerance and exactions that he was forced to abandon the capital, which
then was Williamsburg, and take refuge on board a man-of-war in James River.
A bill or declaration of rights was adopted by a convention composed cf forty-four
members of the colonial house of burgesses which met at Williamsburg, May 6, 1776,
and which adopted said bill of rights on the 12th of June, 1776.
A constitution was framed by the same convention and adopted by it June 29, 1776,
The constitution thus framed was ratified by the popular vote and remained in force
until 1830. On the 26th of June, 1788, Virginia adopted the Constitution of the United
States, and thereby became a member of the Union.
She also became successor to the Crown and colony in the ownership of the unap-
propriated and vacant lands within her limits, and to the land rights of the Crown.
Her enormous western possessions north of the Ohio River were ceded by her to the
National Government March 1, 1784. The lands thus ceded lie in the States of Ohio,
Indiana, Illinois, Michigan, Wisconsin, and Minnesota.
South of the Ohio she owned the territory of the present State of Kentucky, whose
organization into a State she consented to.
The ceding by Virginia of her lands to the National Government, the first definite
cession, virtually settled one of the most vexatious of all the questions before the Con-
gress of the Confederation, and gave the first actual public domain for disposition by
the Congress of the Confederation.
3 L O—WOL III
34 COLONIZATION OF MASSACHUSETTS.
M A S S A C H U S E TTS.
COLONIZATION.
For several years after the permanent settlement of the Virginia, or first, colory, the
Second, or Plymouth Company, was unsuccessful; and finally, becoming discouraged
in regard to the establishment of colonies within its charter limits, it was reorgan-
ized, in 1620, “for location in New England, in America.”
This charter was granted November 3, 1620, from the fortieth to the forty-eighth
degree of north latitude. It confirmed the grants previously made, and the territory
it included, named New England, was placed under the government of the Council of
Plymouth, at Plymouth, Devon, England.
A number of Puritans, having been driven from England by the persecutions
inflicted upon them during the reign of Elizabeth, had settled at Amsterdam, in
Holland. Failing to obtain from James I. a relaxation of the persecuting policy, they
determined to seek an asylum in North America, and first directed their attention to
the valley of the Hudson. After tedious negotiations with the London Company, of
Virginia, for a settlement within the limits of the first colony of Virginia, they finally
ebtained a patent for a tract pf land in the name of John Wincomb, but without ex-
plicit assurance of security in the rights of conscience. After some hesitation, they
embarked their first company of emigrants upon the Mayflower, at Delft Haven, and
after a voyage of sixty-three days they arrived, November 11, 1620, at Provincetown
Harbor, Cape Cod, and there signed a compact on ship-board. Sailing northwest
along the coast, on December 22, 1620, they Janded at Plymouth and begun the
foundation of New England. The place of their landing being outside the limits of
the first colony of Virginia, their patent from the London Company was useless, and
they were compelled to settle upon the territory of the northern colony, trusting to
circumstances for legal authority. From this settlement arose one of the noblest re-
organizations of society by colonization that history records. Overcoming herculean
difficulties of climate and soil, the colonists achieved within the following decade
such a measure of success and substantial progress that the Plymouth Company was
induced, in spite of aristocratic and ecclesiastical prejudices, to grant them a charter
in January, 1630, covering a tract lying between the Cohasset and Narraganset
rivers, and extending westward “to the utmost bounds of a country in New England
ealled Pokanoket, alias Sowamset.” The grant embraced also a tract lying fifteen
miles wide along each side of the Kennebec River, which was subsequently incorpo-
rated with the province of Maine. They obtained several other patents or grants
from the Plymouth Company after this, but none were confirmed by the Crown.
Lord Sheffield gave a patent, in January, 1623, to the New England Company, for
the location of a colony at Cape Ann, but it did not succeed. Other colonies were
planted after 1622. *
In March, 1628, the Council of Plymouth sold to Sir Henry Roswell, Sir John Young,
and four associates, a patent for that part of New England lying between the paral-
lels passing through points three miles north of the mouth of the “Merrimack’ and
three miles south of the mouth of Charles River, extending westward to the Pacific.
This territory, called Massachusetts, from the Indian name of a bay upon its coast,
was settled by English nonconformists, who purchased rights under the patent to
the Massachusetts Company. On the petition to this company, seconded by the influ-
ence of Lord Dorchester, Charles I., March, 1629, confirmed the grant of the Council of
Plymouth to Roswell and his followers, with the assignments that had been made
under it, in a charter incorporating the colony under the name of “The Governor and
Company of Massachusetts Bay,” in New England. The officers provided for this
colony were appointed at the then seat of government, Plymouth, England, August
29, 1629, and under resolution of the company the official government was trans-
ferred to Massachusetts. The colonists under this charter, two hundred in number,
settled at Salem in 1630, where John Endicott had arrived in 1628.
COLONIZATION OF MASSACHUSETTS. 35
In 1630, fifteen hundred colonists, under John Winthrop as governor, arrived and
settled at Boston, where the general court assembled and where the capital was now
located.
In 1643 the confederacy was formed of the colonies of Massachusetts Bay, Plymouth,
Connecticut, and New Haven. Massachusetts at this time included the New Hamp-
shire and Maine settlements.
After the Restoration in England (the colonists having had prior to this internal
dissensions), Charles II. appointed a royal commission to examine into the affairs of the
colony and to govern it. - ,
The Royal Council of Foreign Plantations, created in 1660, held its first meeting
December 10, 1660. At a meeting, March 4, 1661, the New England colonies were con-
sidered and the appointment of the committee for the settlement of New England was
Soon after announced. -
A royal commission came to Boston July 23, 1664, headed by Richard Nicolls, en
route to New York. Their object was to claim New England for the Duke of York
under his charter of 1664, to suppress disorders, and settle boundary disputes. The
King had resolved upon the consolidation of the New England colonies, and a long and
severe struggle ensued.
June 18, 1684, the high court of chancery of England, upon a writ of quo warranto,
vacated the charter of Massachusetts and the prior grant to Roswell and his asso-
ciates, with all the assignments made under it.
After the accession of James II., July 6, 1685, on the 20th of December, 1686, Sir
Edmund Andros arrived, assumed the governorship, attempted the consolidation of New
England, and failed. He was arrested after two years and four months of authority
and imprisoned. The general court assembled. The old governor, Danforth, was made
acting governor awaiting action of the King, William of Orange, who was accepted
and proclaimed in Massachusetts Bay and in Plymouth May 29, 1689. October 7, 1691,
William and Mary granted a new charter consolidating the colonies of Massachusetts
Bay, New Plymouth, Maine, Acadia or Nova Scotia, and the territory intervening
between the two last mentioned, into a single colony under the name of Massachusetts
Bay. This charter was the longest in text issued by the British Crown in America,
and the most carefully drawn. Sir William Phipps, a native of New England, was the
first governor under it.
[Extract from the charter of the Province of the Massachusetts Bay, in New England, October 7, 1691.
- 3d William and Mary.] -
William and Mary, by the grace of God, king and queen of England, Scotland, France,
and Ireland, defenders of the faith, &c. to all to whom these presents shall come,
eeting:
greeving; We do, by these presents, for us, our heirs, and successors, will and ordain,
that the territories and colonies commonly called or known by the names of the colony
of the Massachusetts Bay and Colony of New Plymouth, the province of Maine, the
territory called Acadia or Nova Scotia, and all that tract of land lying between the
said territories of Nova Scotia and the said province of Maine, be erected, united, and
incorporated; and we do, by these presents, unite, erect, and incorporate the same into
one real province, by the name of our province of the Massachusetts Bay in New Eng-
land; and of our especial grace, certain knowledge, and mere motion, we have given
and granted, and by these presents, for us, our heirs, and successors, do give and grant,
unto our good subjects the inhabitants of our said province or territory of the Massa-
chusetts Bay, and their successors, all that part of New England in America, lying
and extending from the Great River, commonly called Monomack, alias Merimack, on
the north part, and from three miles northward of the said river to the Atlantic, or
Western sea or ocean, on the south part, and all the lands and hereditaments whatso-
ever, lying within the limits aforesaid, and extending as far as the outermost points or
promontories of land called Cape Cod and Cape Malabar, north and south, and in
latitude, breadth, and in length, and longitude, of and within all the breadth and
compass aforesaid, throughout the main land there, from the said Atlantic or Western
sea and ocean, on the east part, towards the South Sea or westward, as far as our colo-
nies of Rhode Island, Connecticut, and the Naragansett country; and also, all that
part and portion of main land, beginning at the entrance of Piscataqua harbor, and
so to pass up the same into the river of Newichwannock, and through the same
36 CoLoRIZATION OF MAINE.
into the furthest head thereof, and from thence northwestward, till one hundred and
twenty miles be finished, and from Piscataqua harbor mouth aforesaid, northeastward
along the Seacoast to Sagadehock,” and from the period of one hundred and twenty
miles aforesaid, to cross overland, to the one hundred and twenty miles before reckoned
up, into the land from Piscataqua harbor through Newichwannock River; and also the
north half of the Isles of Shoals, together with the Isles of Capawock and Nantuckett,
near Cape Cod aforesaid; and also the lands and hereditaments lying and being in the
country or territory commonly called Acadia, or Nova Scotia, and all those lands and
hereditaments lying and extending between the said country or territory of Nova
Scotia, and the said river of Sagadehock, or any part thereof.
That it shall and may be lawful for the said governor and general assembly to make or
pass any grant of lands lying within the bounds of the colonies formerly called the
colonies of the Massachusetts Bay, and New Plymouth, and Province of Maine, in such
manner as heretofore they might have done by virtue of any former charter or letters
patent; which grants of lands, within the bounds aforesaid, we do hereby will and
ordain to be and continue for ever of full force and effect, without our further appro-
bation or consent. And so as nevertheless, and it is our royal will and pleasure, that
no grant or grants of any lands lying or extending from the river of Sagadehock to
the gulf of St. Lawrence and Canada rivers, and to the main sea northward and east-
ward, to be made or past by the governor and general assembly of our said province,
be of any force, validity, or effect, until we, our heirs or successors, shall have signi-
fied our or their approbation of the same. r
The grant for Maine to Sir Ferdinando Gorges, of date April 9, 1639, having been
purchased by Massachusetts in 1677, Maine was, by this charter, incorporated with
the last-named colony. Acadia, which was included in this charter, had been ceded
or restored by England to France under the treaty of Breda, in 1667, and the transfer
subsequently acknowledged by the treaty of Ryswick, in 1697. On its cession to Eng-
land by the treaty of Utrecht, in 1712, it became a distinct province, with the line of
the Saint Croix for its western boundary, and it now constitutes the provinces of New
Brunswick and Nova Scotia.
August 26, 1726, George I., by an explanatory charter, regulated omissions in the orig-
inal charter as to the legislative and other officials and organized her assembly into a
provincial congress at Concord.
The general court in 1778 adopted a constitution which was rejected by the people.
Her first State constitution was not adopted until 1780.
She adopted the Constitution of the United States February 6, 1788, and thereby
became a member of the Union. She succeeded to the Crown in the ownership of
vacant and unoccupied lands and became the proprietor of the same class of lands
in Maine. These were all disposed of under State laws. (Maine was admitted into
the Union March 15, 1820.) Massachusetts ceded to the United States all clams
to western territory lying on an extension westward between latitudinal lines
representing the north and south boundary lines of her limits under charter. She
claimed lands now in Pennsylvania (sold to that State by the United States in 1792).
and in Illinois, Wisconsin, and Michigan. Her cession was dated April 19, 1785.
MA IN E.
COLONIZATION.
By the charter granted by Henry IV., of France, to Pierre du Gast, in 1603, North
America, between latitude 40° and 46° north, was called under the grant “Acadia.”
Under and by authority of this grant Passamaquoddy Bay was explored by an expe-
dition in 1604, and the coast of Maine examined in 1605, by still another. The Penob-
scot, Kennebec, and Saco rivers were visited by this expedition. In 1606 Port Royal
* The following words, viz.: “ and wy the river thereof to Knybecky River, and through the game to th;
head thereof, and wnto the land northwestward, wintil one hundred and twenty miles be ended, being accounted
Jrom the mouth of Sagadehock,” as inserted in Gorges's grants (from which the descriptive part of the
boundaries of Maine in this charter is taken), appear to have been inadvertently omitted, being neces-
sary to render those boundaries intelligible; and should follow the word Sagadehock, to which the aste-
risk is affixed.—NoTE BY ALBERT GALLATIN.
COLONIZATION OF MAINE. 37
was determined upon as the place for permanent location, and further attempts under
this charter to found colonies within the limits of the territorial boundaries of the
now State of Maine were abandoned. -
By and under the treaty of Paris in 1673 Great Britain took possession of the terri-
tory. Although the French abandoned attempts at colonization prior to 1673, they had
missionary and trading posts, and traded with the Indians in that portion of Acadia now
known as Maine.
Under the first charter of Virginia in 1606, the Plymouth Company began at once to
colonize the coast of New England. The first settlement was made in the summer of
1607, August 19, at the mouth of the Kennebec, by one hundred colonists under
George Popham. A fortification, store-house, and some cabins were built, and the
place called Saint George. But the winter of 1607–8 was very severe; some of the
settlers starved, and some were frozen, the store-house was burned, and when sum-
mer came the remnant escaped to England. Among those who perished was George
Popham, who died February 5, 1608, O. S., and was buried near the site of Fort Pop-.
ham, since built by the United States.
By the patent or grant of 1621, William Alexander, Earl of Stirling, claimed that he
was entitled to certain lands on the coast of Maine, included in a grant to the Plym-
outh Company. Under order of James I., the Plymouth Company or Council prior
to its dissolution issued patent to the Earl of Stirling for the territory east of the Saint
Croix and south of the Saint Lawrence, “for a tract of the main land of New
England, beginning at Saint Croix, and from thence extending along the seacoast to
Pennequid and the river Kennebec.”
August 10, 1622, the Council of Plymouth granted to Sir Ferdinando Gorges (one of
its members) and to Captain John Mason, jointly, the lands lying between the Merri-
mack and Kennebec rivers, under the name of Laconia. On November 7, 1629, the
President and Council of Plymouth gave to Captain John Mason a charter covering
that portion of the above-described colony of Laconia situated between the two lines,
each sixty miles long, traversing the entire length of the Merrimack and Piscataqua
Rivers, and joined at their inland extremities by a straight line. In 1631, Gorges,
Mason, and others obtained another cluarter to a portion of Laconia, lying on both sides
of the Piscataqua. Prior to the dissolution of the Plymouth Council in 1635, Gorges
had obtained from it a charter covering all that part of Laconia lying east of the Pis-
cataqua, which was confirmed by the King in 1639, four years after the dissolution of
the Council. The remaining area of Maine had been patented to two other parties in
two separate tracts, thus dividing the entire province between three patents and
consolidating a number of minor grants, under the charter from King Charles I.,
April 3, 1639, to Sir Ferdinando Gorges, also confirming the charter of August 10, 1622,
to Sir Ferdinando Gorges and Captain John Mason. Gorges established a govern-
ment under it, but by his death in 1647 it was broken up. He chartered the city of
Gorgiana, now York, Me., in 1624. He was lord proprietor of Maine, by appointment,
with the office hereditary in his family.
Gorges, engaging in the civil war on the royal side, in England, was taken prisoner
by the parliamentary forces, and thus compromised his rights under the republican
government that followed. The province suffered on the withdrawal of his authority,
especially after his death in 1647, from the factious intrigues of ambitious men.
The loss and suffering thus entailed inclined the colonists to accept the claim of juris-
diction winich Massachusetts began to urge in 1652. This claim was founded upon a
new interpretation of the limits of the grant from the Council of Plymouth to Roswell
and his associates in 1628. The northern boundary was, by this construction, not the
parallel passing three miles north of the mouth of the Piscataqua, but that passing
three miles north of its source, or 43° 43' north latitude, which strikes the Atlantic
coast at Casco Bay. During the following year Massachusetts euployed skillful math-
ematicians to make out this new boundary. In 1658 the new line had been generally
recognized in the inhabited districts; but in 1664 the King, by letter, ordered the
restoration of the province to the heirs of Gorges. In defiance of this order, Massa-
38 COLONIZATION OF NEW HAMPSHIRE.
chusetts, in 1666, resumed the government of the province, and in 1668 sent four com
missioners, with a troop of horse, to enfore her authority. In 1677 the two lords chief
justices of King's bench and of common pleas, to whom this question had been referred,
decided adversely to the claim of Massachusetts, the initial point of her northern
boundary being fixed three miles north of the mouth of the Merrimack.
March 12, 1664, the Duke of York's grant, including the Province of Maine, was made
by Charles II., which merged in the Crown by the accession of the Duke of York to the
throne of England as James II., but not before certain other grants had been made
thereunder. See also the grant of the Province of Maine, of date June 29, 1674, by
Charles II. to James, Duke of York. The unusual privileges under this also merged in
the Crown upon the accession of James II.
March 13, 1677, Ferdinando Gorges, grandson of Sir Ferdinando, sold by deed to
John Usher, a merchant of Boston, Mass., the Province of Maine, for the sum of
361,250. Usher at once gave a deed of the province to the governor and Company of
Massachusetts Bay. This transaction was made anticipating the overtures of the
King himself for the same purpose. The claim of Massachusetts, being then generally
recognized, was, by the charter of William and Mary, in 1691, definitely legalized.
Maine remained as the “District of Maine,” governed by Massachusetts, until March
15, 1820, when, by the act of Congress of the United States, she was admitted as a State
in the Union. From 1677 up to the date of Maine’s admission into the Union, the
unoccupied and vacant lands of the grants were disposed of generally under the laws
of the general court of Massachusetts until the year 1820. After this period, Maine,
being sovereign, took charge of her own lands, and made no cessions to the National
Government. -
N E W H A M P S H I R. E.
COLONIZATION.
That portion of Laconia west of Piscataqua, not having been purchased by Massa-
chusetts, was not thereafter a portion of that province. Several small grants had
been located within the present boundaries of the State of New Hampshire by the
Plymouth Company in England before the grant made by them to “Captain John Ma-
son, esq.,” of London, November 7, 1629, which “ said portions of lands, with appurte-
nances, the said Captain John Mason, with the consent of the president and council,
intends to name ‘New Hampshire.”
In 1635 the Plymouth Company in England, before surrendering their charter, di-
vided their property in New England. In the division among themselves the whole
of the present State of New Hampshire fell to the lot of Captain John Mason, the
grantee in the patent of November 7, 1629.
On April 22, 1635, Charles I, by a confirmatory grant, approved the action of the
Plymouth Company under the first grant to Mason.
The settlements on the grants prior to the original Mason grant of 1629 sought the
protection of Massachusetts in 1641 and obtained it until 1675. In that year the grandson
of John Mason, Robert Mason, obtained a royal decree, under which, September 18, 1679,
Charles II., by royal commission (which took effect in 1680), appointed a president, a
council, and a general assembly. This commission existed at the pleasure of the
King.
In 1689 New Hampshire again voluntarily attached herself to Massachusetts for pro-
tection. For a time after this she was subject to the government of New York. This
was under the policy of the consolidation of the colonies. In 1740 a tedious contro-
versy with Massachusetts in regard to its south boundary was settled by the lords in
council, whose decision, approved by the King, fixed it along a line following the me-
anderings of the Merrimack at three miles distant on the north side from its mouth
COLONIZATION OF CONNECTICUT. 39
to the falls of the Pawtucket, “and thence due west to meet the other royal govern-
ments.” -
New Hampshire had no constitution until 1776, when one was adopted by a con-
gress, at Exeter, on the recommendation of the Continental Congress, but not sub-
mitted to the people. Attempts, without success, were made to form a constitution in
1778 and 1781; but a permanent one was adopted in 1783.
She adopted the Constitution of the United States June 21, 1788, and thereby became
a member of the Union. The State became successor to the Crown as to vacant and
unoccupied lands, and disposed of them by and under the direction of the laws of her
legislature. She had no claims to western territory to cede.
C O N N E CTIC UT,
COLONIZATION.
The charter of 1691 made Massachusetts coterminous on the south with the colonies
of Connecticut and Rhode Island. The colonies were erected within the limits of a
grant from the Council of Plymouth, in 1630, to its president, the Earl of Warwick,
and by him, on March 19, 1631, transferred to two English lords, Say and Seal, and
Brooke. Its limits were described with an ambiguity and obscurity of expression re-
markable even in those days of rude description and want of geographical knowledge,
and laid the foundation for serious conflicts of title in after years. They included all
that part of New England west of the Narraganset River, extending “the space of
forty leagues upon a straight line near the sea shore, toward the south and west, as
the coast lieth toward Virginia, accounting three English miles to the league; and
also all and singular the lands and hereditaments whatsoever lying and being within
the lands aforesaid, north and south in latitude, and in breadth and length, and lon-
gitude of, and within all the breadth aforesaid, throughout the main lands there from
the Western Ocean to the South Sea.”
This territory was settled by several independent communities or colonies from 1632
to 1636 under a commission from the general court of Massachusetts, March 3, 1636, to
eight of the persons who “ had resolved to transplant themselves and their estates unto
the river of Connecticut.”
These people obtained this commission because they wanted a frame of government
with them, and not by reason of any claim by Massachusetts over them or the land
by or under patent.
January 14, 1638, or 1639, the towns of Hartford, Windsor, and Wethersfield formed a
voluntary compact, constitution, or “fundamental orders of Connecticut.” Spring-
field prior to this, viz, in 1637, had withdrawn from the association.
April 20, 1662, Charles II. granted the charter of Connecticut. This charter consol-
idated all the colonies of Connecticut into a single colony by the name of “The Gov-
ernor and Company of the English Colony in Connecticut in America.” The colony
of New Haven, included in this charter, refused to submit to the arrangement till 1665.
[Extract from the charter of Connecticut.]
And know ye further that we, of our abundant grace, certain knowledge, and mere
motion, have given, granted, and confirmed, and by these presents, for us, our heirs,
and Successors, do grant and confirm, unto the said governor and company, and their
successors, all that part of our dominions in New England in America, bounded on the
east by Narraganset river, commonly called Narraganset bay, where the said river
falleth into the sea; and on the north by the line of the Massachusetts' plantation;
and on the south by the sea; and in longitude as the line of the Massachusetts’ colony
running from east to west, that is to say, from the said Narraganset bay on the east,
to the south sea on the west part, with the islands thereunto adjoining, &c. &c.
Thus it will be seen that the territory of this consolidated colony was designated as
extending from Narraganset Bay to the Pacific, and from the line of Massachusetts
Plantations southward to the sea coast, including the adjacent islands.
40 COLONIZATION OF CONNECTICUT.
The grant for Providence Plantations by the Earl of Warwick, March 14, 1643, granted
a tract of the eastern portion of Connecticut, which by inadvertence was entirely
ignored in the Connecticut charter of April 20, 1662, which included all this territory.
In the year 1663, anew charter was granted to Rhode Island and Providence Plantations;
Connecticut's charter being recalled until the boundary line between them should be
settled. The same year the line of the Pawcatuck was agreed upon as the boundary
between Connecticut and Rhode Island. So this territory was detached from the Con-
necticut grant of April 20, 1662.
During the efforts of James II., in 1685–87, to abolish all New England charters and
to consolidate all the colonies into one, with a royal governor appointed by himself,
Connecticut stubbornly resisted Governor Andros for a year and a half; but on his
being deposed upon the flight and overthrow of James II. in England, and after the
accession of William and Mary in 1689, the colony took up the old charter of 1662, and
it remained the organic law of Connecticut until 1818, when the Constitution was
adopted in lieu of the charter which had been continued in 1776 by writ.
Thus the charter of 1662 was the fundamental law of the Colony and State for one
hundred and forty-six years.
The territorial claim of Connecticut in its westward extension was again trenched
upon by the charters of New York and Pennsylvania. The claims of the former date
back to the charter of 12th March, 1664, granted by Charles II. to his brother, the
Duke of York, afterward James II., which, after the final subversion of the Dutch Govern-
ment of New Netherlands, was renewed. A royal commission, in November, 1664, de-
termined the boundary between New York and Connecticut along the line of the Mama-
roneck, but in 1731 the present boundary was tentatively fixed, but not determined,
by agreement of the two colonies, under an agreement made in 1683. Thus New York
absorbed the westward extension of the Connecticut territory north of the forty-first
parallel and east of the Delaware River. The dividing lines between the two States
on the west and along Long Island Sound remained unsettled, but without serious contro-
versy, until a joint commission signed a memorandum dated December 8, 1879, estab-
lishing the western line as it stands, and on the south dividing the sound between
them from Byram River eastward. Congress will doubtless approve.
By agreement with Massachusetts in 1787, under the Confederation, the present
boundary line was acknowledged, and the conflicting claims of the two colonies to the
westward compromised by admitting the territorial sovereignty of New York and
assigning to Massachusetts the title to the soil north of the forty-second parallel and
west of the meridian passing eighty-two miles west of the northeast corner of Penn-
Sylvania.
But Connecticut continued to claim the land west of New York and within the limits
of this charter, April 28, 1800, the Congress of the United States passed an act to au-
thorize the President of the United States to accept for the United States a cession of
“jurisdiction of the territories west of Pennsylvania, commonly called the Western
Reserve of Connecticut.” The jurisdiction over these lands had been excepted out of
the cession by Connecticut to the National Government in her deed of September 13,
1786, and Governor Jonathan Trumbull (the second), May 30, 1800, by deed on behalf
of Connecticut, passed title to the United States, and Connecticut's claims to western
lands were absorbed. Connecticut's claim to lands lying within the colony of Pennsyl-
vania between the forty-first and forty-second parallels and west of the river Delaware,
were intercepted by the charter of 1681 by Charles II. to William Penn. Connecticut
adopted the Constitution of the United States January 9, 1788, and thereby became a
member of the Union.
The State of Connecticut became the successor of the Crown to western and unoc-
cupied lands, which she disposed of by State laws. Her claim to western lands (except
the tract known as the Western Reserve in Ohio) she ceded to, and they became part
of the public domain of, the United States.
colonization of RHODE ISLAND AND VERMONT. 41
\
R H O D E IS LA. N. D. . .
COLONIZATION.
In 1636 Rhode Island was settled by Roger Williams and immigrants from Massachu-
setts, who had suffered persecution, and who established, at Providence, “a pure de-
mocracy.”
March 14, 1643, the Earl of Warwick, who had been appointed by the Parliament
lord high admiral of England, with a council of five peers and twelve commoners,
granted to “The Incorporation of Providence Plantations in the Narraganset Bay in
New England” a tract covering the eastern portion of the Connecticut claim, bounded
north and east by Massachusetts and Plymouth Colonies, and west by the country of
the Narraganset Indians, the whole tract extending about twenty-five English miles
into the Pequot River and country.
Under this grant were united the four towns of Providence, Newport, Portsmouth,
and Warwick. In 1651 Providence and Warwick separated from the rest, but three
years afterward they were reunited. In 1651 the commonwealth of England claimed
the right to appoint a government for the colony, with a provincial council elected by
the freeholders and approved by the governor. After the restoration an agent was
sent to England by the colony. In 1663, July 8, John Clarke and Roger Williams
obtained from Charles II. the charter for Rhode Island and Providence Plantations.
This charter, with those of the other New England colonies, was in January, 1687,
suspended by Governor-General Sir Edmund Andros, and Rhode Island made a county
of his territory. Andros having been deposed in May, 1689, in February that year
the people of Rhode Island, accepting the English revolution of 1688, resumed their
rights under the charter, which continued in force as the organic law of the colony,
and afterward of the State of Rhode Island, till superseded by a State constitution
in 1842. This charter continued the organic law of the colony and State from 1663
to 1842, a period of one hundred and seventy-nine years, it being a hundred and
twenty-seven years up to the time the State adopted the Constitution of the United
States, May 29, 1790, and fifty-two years thereafter, until November, 1842, when a con-
stitution was voted for and adopted by the people. In 1841 to 1843 occurred the Dorr
war, which was an effort by the people to replace the charter of July 8, 1663, with a
constitution made by the people.
Rhode Island adopted the Constitution of the United States May 29, 1790, and thereby
became a member of the Union. She became the successor of the crown lands and
rents, which after 1776 were controlled and disposed of by her under State laws. She
made no cession of western lands to the United States. -
*
W E R M O N T .
THE NEW HAMPSHIRE GRANTS, SO-CALLED–COLONIZATION.
Samuel Champlain, a French nobleman, passed over and discovered that portion
of the so-called New Hampshire grants within the present State of Vermont, in 1609.
In 1724 Fort Dummer (now Brattleboro'), on Connecticut River, in the county of Wind-
ham, was built by the provincial government of Massachusetts. Governor Wentworth,
of New Hampshire, claimed the country as far west as the Massachusetts line, and
during 1760-'68, he gave title to large tracts west of Connecticut River.
New York, by her governor, in December, 1763, proclaimed that all of the said lands
were the property of New York under the grant of Charles II., March 12, 1664, to the
Duke of York. A long and bitter contest ensued. An appeal to the king resulted in
the royal order of July, 1764, designating the Connecticut River as the common bound-
ary of the two colonies. Ethan Allen led the settlers, mostly from Connecticut, who
cared but little about political jurisdiction, but who did not desire to pay the gov-
42 COLONIZATION OF NEw York.
ernor of New York for the lands, after having paid the governor of New Hampshire
for them; neither did they desire to be ousted from lawful possessions. They there-
fore resisted all attempts to dispossess them on the part of New York and drove the
officers away.
In 1776 they applied to the Continental Congress for admission, but were refused on
account of the opposition of New York. *
In 1777, July 26, at Windsor, afterward affirmed by the legislature in 1779 an
1782, the people, in convention, formed a constitution under the title of “The Com-
monwealth or State of Vermont.” The preamble of this constitution states fully the
case of the people against New York. -
In 1781 Vermont declined an offer of Congress to admit her into the Union upon her
giving up a considerable portion of her territory to New York. In 1786, July 4, a con-
vention adopted a new constitution, which was also adopted by the legislature in
March, 1787, and declared to be a part of the laws of the State.
In 1790, Vermont, after application by New York, and upon paying $30,000 in satis-
faction of all demands, had all claims on behalf of New York relinquished, and on
March 4, 1791, was by Congress admitted into the Union, being the first State admited
by Congressional enactment under the Constitution. The State became successor of
the crown to vacant and unappropriated lacds, and other crown rights to lands. Wer-
mont made no cession of Western lands to the United States.
N E W Y O R K .
COLONIZATION.
Henry, or Hendrick, Hudson, an English navigator, in the service of the Dutch East
India Company, in September, 1609, following the discovery of Verazzani, a Floren-
tine in the French service (who in 1524 explored the Atlantic Coast from the Caroli-
nas to Nova Scotia), sailed into what is now known as New York Harbor, and up the
Hudson River to near the site of the present city of Albany. Under the auspices of
the Dutch East India Company the Dutch flag was raised on the site of the city of
New York. - -
In 1613 there were two trading-posts on the river, and four houses erected on Man-
hattan Island. The Dutch claimed the whole country from the fortieth to the forty-
fifth degree of north latitude, and called it New Netherland.
In 1614 the States-General of Holland granted exclusive trade rights for three years,
within the region between the Delaware and Connecticut rivers, to the Dutch East
India Company.
In 1615 a post was established near Albany and on Manhattan Island.
In 1621 the Dutch West India Company (organized under the name of the United
New Netherland Company), with exclusive privileges of trade and settlement on both
coasts of America, was founded, and the lands held temporarily by the prior company
fell to them. They built Fort Nassau, near Gloucester, N.J., on the Delaware River,
and Fort Orange, on the Hudson, in 1623. -
In 1626 Peter Minuit came over as director or governor of New Netherland. Among
other islands purchased from the Indians was Manhattan, which was bought for $24.
In 1629 the Dutch West India Council granted to certain persons seigniories or tracts
of land with feudal rights over their occupants. -
The English had always laid claim to the lands thus controlled by the Dutch, claim-
ing that they were included in the Virginia grant, and they never recognized the
discovery or other claims of the Dutch in America. g
Cromwell, during his protectorate, and Richard, his son, frequently considered the
conquest of New Netherland. After the Restoration, March 12, 1664, Charles II.,
in spite of the charter of Connecticut and the prior claims of the Dutch, both by dig-
:
:
ter
In-
is-
Ol
ed
of
2IC-
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haſ
*
ºſ.,
lis-
COLONIZATION OF NEW YORK. 43
covery and occupation, made a grant to his brother James, Duke of York, which em-
braced all the lands lying between the west bank of the Connecticut River and the
east bank of Delaware Bay. -
In 1663 the Duke of York purchased the grant made to Earl Sterling in 1635, for
Long Island and other New England coast islands.
The limits of the Duke of York's grant of March 12, 1664, were sketched in geo-
graphical ignorance and made in disregard of prior rights. With a large territory,
now included in Maine, it covered Long Island and all the lands between the western
side of the Connecticut River and the eastern shore of Delaware Bay. The Dutch
occupancy of fifty years was treated as an intrusion upon the rights of the Crown,
offering no bar to this reckless and prodigal endowment. These lands were granted
to the duke in free and common socage, with a yearly rent. The rights of eminent
domain, subject to the sovereignty of the King, went with the land grant.
[Extract from the grant of Charles II. to James, Duke of York, March 12, 1664.]
Know ye that we, for divers good causes, &c. have, &c., and by these presents &c.,
do give and grant unto our dearest brother, James duke of York, his heirs and assigns,
all that part of the main land of New England, beginning at a certain place called or
known by the name of St. Croix, next adjoining to New Scotland in America; and
from thence extending along the Seacoast unto a certain place called Pamaquie or
Pemaquid, and so up the river thereof to the farthest head of the samé as it tendeth
northward; and extending from thence to the river of Kimbequin, and so upwards,
by the shortest course, to the river Canada northward. And also all that island or
islands commonly called by the several name or names of Matowacks or Long Island,
situate, lying, and being, towards the west of Cape Cod and the Narrow Higansets,
abutting upon the main land between the two rivers, there called or known by the
several names of Connecticut and Hudson's river; together, also, with the said river
called Hudson's river, and all the lands from the west side of Connecticut river, to
the east side of Delaware bay. And also all those several islands, called or known by
the names of Martin's Vineyard and Nantukes, or otherwise Nantuckett.
In 1664 the Duke of York equipped an expedition, under command of Col. Richard
Nicolls, afterward governor of New York and New Jersey, consisting of three ships,
with six hundred soldiers, which in that year captured the Dutch colony at Manhat-
tan and changed the name of New Amsterdam to that of New York, in honor of the
duke proprietor. This conquest was confirmed by the treaty of Breda, in July, 1667.
In August, 1673, the city and colony were recaptured by the Dutch, who remained
in possession until February, 1674, when it was restored to the English by the treaty
of Westminster, and New York and New Jersey again came under the English flag,
where they remained until the war of the Revolution. -
The second grant to the Duke of York, of date June 29, 1674, for the same territory,
was made after the treaty of Breda to complete and perfect his title, and was con-
firmatory of his first grant.
In February, 1685, James, Duke of York, succeeded his brother, Charles II. as James
II. of England, and the preceding grants merged into the Crown. The territory be-
tween Pemaquid and Saint Croix was, by charter of 1692, annexed to Massachusetts. A
part of the territory between Hudson and Delaware rivers had been transferred by
the Duke of York, and formed New Jersey. The residue of the grant constituted
the regal government of New York, with a succession of royal governors, to which the
jurisdiction over the territory of the Six Nations was annexed.
New York was governed as a crown colony or province by a series of thirty-four
royal governors from 1664 to 1777, with an intermission of one Dutch governor in
1673–74, William Tryon being the last royal governor.
On July 10, 1776, the Provincial Congress of May, 1775, met at White Plains, and was
thereafter known as “the representatives of the State of New York.” This Congress
frequently changed location by adjournment, but finally, at Kingston, April 20, 1777,
adopted the first constitution of the State.
On July 26, 1788, New York adopted the Constitution of the United States, and
thereby was admitted into the Union.
A struggle took place in the Continental Congress between the non-western land-
%
44 COLONIZATION OF NEW JERSEY.
holding States and those holding western lands as to whether they should be held by
the several States of the Confederation or not, though the articles of confederation were
ratified with a clause prohibiting the General Government from reducing the area of
any State in the Confederation. New York claimed under the purchase from the Six
Nations of Indians, who had occupied it, a vast undefined region to the west of the
State of Pennsylvania and north of the river Ohio.
On the 1st day of March, 1781, by her delegates in Congress, she ceded her claims to
this territory to the Government of the United States for the benefit of the whole
nation, being the first State in the Union to make cession of lands or claims to lands.
The State of New Yorksucceeded to the crown rights over unoccupiedlands and realty,
and by legislation disposed of vacant lands, and covenanted or otherwise disposed of
quit-rents.
N E W J E R S E Y.
COLONIZATION,
The two grants to the Duke of York, afterward James II. of England, of date 1664 and
1674, covered all the lands from the west side of the Connecticut River to the east side
of Delaware Bay. The entire region within the present State of New Jersey was
claimed by colonists from the New Netherlands, who had, in 1623, built a fort four
miles below where Philadelphia now stands, on the Delaw are River.
Under the charter of 1664 Colonel Richard Nicolls, the Duke of York's governor, made
a grant of land to some New England colonists who settled at Elizabethtown two
months before the arrival of the expedition under Colonel Nicolls, which the Duke of
York had fitted out to act against the Dutch colonies of the New Netherlands. Afterward
the Duke of York made a grant to Lord John Berkeley and Sir George Carteret of the
same territory, containing title to the soil and powers of government.
The country was called New Jersey, after Sir George Carteret, who had been royal
governor of the Isle of Jersey for Charles II. Philip Carteret, brother of Sir George,
became governor.
A series of difficulties now ensued on account of attempts to mulct the colonists for
rents of lands which they had previously bought of Nicolls, who had returned to Eng-
land, but came back, and was governor when the Dutch recaptured the colony.
The lord proprietor made a series of “concessions” in 1644–1665, which were the
fundamental laws for the three provinces of New Jersey, East Jersey, and West Jer-
Bey, until the surrender of charter rights to the Crown in 1702. *
In February, 1674, by the treaty of London, New Jersey again came into the posses-
sion of England.
In 1674 the Duke of York obtained his second or confirmatory patent, which included
New Jersey as before, and sent Edmund Andros out to govern it. Lord Berkeley, in
1674, sold his half of New Jersey to John Fenwick, to be held in trust for Edward
Byllinge (Fenwick and Byllinge both being Quakers or Friends), for £1,000. Byllinge,
becoming embarrassed with debt, was forced to make an assignment to Gawen Laurie,
Nicholas Lucas, and William Penn, for the benefit of his creditors, of whom Penn was
one. A division of the province now took place. The Friends got the western section,
which was called West New Jersey.
In 1675 Philip Carteret attempted to resume the government of the other section,
known as East New Jersey. Governor Andros arrested and incarcerated him in New
York. f
In 1678 an agreement was finally reached with the Duke of York by the settlers.
In 1682 William Penn and eleven other Friends purchased from Carteret the entire
province of East New Jersey, and to him and twenty-three others the Duke of York
executed a final grant therefor.
COLONIZATION OF PENNSYLVANIA. 45
In 1685 James II., disregarding his grant to Penn, attempted to deprive New Jersey
of privileges, which was prevented by the revolution of 1688.
In 1702 differences as to lands and ownership caused the proprietors to relinquish
the government to the Crown, and the Jerseys became one province.
The reunited province of New Jersey was afterward governed by royal governors,
but the “concessions” of 1664–1665, made by the lord proprietor, were insisted upon
by the people as their organic law, and so remained until 1776.
After 1702 and to 1708 it was governed jointly with New York, but retained its sep-
erate legislature. In 1708 it petitioned for separation, and obtained it.
A Provincial Congress met to form a State constitution at Burlington, Trenton, and
New Brunswick, and sat, with intermissions, from May 26, 1776, to July, 1776. A
constitution having been adopted July 2, 1776, its publication was ordered by Congress
July 3, 1776. This constitution was amended by the State legislature September 20,
1777, by inserting the words “State” and “States” for “colony” and “colonies”;
with these exceptions it remained the organic law of the State until August 13, 1844.
New Jersey adopted the Constitution of the United States December 18, 1787, and
was thereby admitted in to the Union. New Jersey had no western territory land to
cede, but she insisted that the States holding the same should cede them to the General
Government for the use of the whole people.
P E N N S Y L V A N IA .
COLONIZATION.
In 1637 the Swedish West India Company (see Delaware), under the patronage of
Gustavus Adolphus, King of Sweden, made the first agricultural settlements along the
Delaware River. The Swedes, by purchase from the Indians, acquired all the lands
extending from Cape Henlopen to the great falls of the Delaware. It was said that
when John Oxenstein, who was interested in Swedish colonization, was Swedish am-
bassador to England in 1631, Charles I. ceded to him all claims of right of first discov-
ery that England had upon Delaware territory; but there is no authentic record of
this, and it is regarded as doubtful.
In 1643 John Printz, with a colony of Swedes, settled on Tinicum Island. Upland
(now Chester) was founded in 1648.
In 1655 Peter Stuyvesant, governor of the New Netherlands, with a force of Dutch,
captured the Swedish settlements along the Delaware, took formal possession, and
placed a vice-director as governor over them.
After the capture of New Amsterdam by the Duke of York's forces in 1664, the Del-
aware Dutch colonies fell under the government of the English in New York (except
during the fifteen months of recapture by the Dutch in 1673–74) until March 4, 1681,
when Charles II. of England granted William Penn, a member of the Society of
Friends, the province of Pennsylvania. This charter constituted Penn governor and
proprietary, with succession in his heirs.
The province was named Pennsylvania, in honor of Admiral Penn, father of William
Penn, of whom the charter says:
Know ye, therefore: That we, favoring the Petition and good Purpose of the said
William Penn, and having Regard to the memorie and meritts of his late Father, in
divers Services, and particularly to his Conduct, Courage and Discretion under our
Dearest Brother James, Duke of York, in that Signal Battell and Victorie fought and
obtained against the Dutch Fleete commanded by the Herr Van Opdam in the yeare
one thousand six hundred and sixty-five. * * * Doe give and grant unto the
said William Penn, his Heirs and Assigns, &c., *, *, * and of our further grace,
certain knowledge, and meer motion, we have thought fitt to erect, and we doe hereby
erect the aforesaid Country and Islands into a Province and Seigniorie, and doe call itt
Pensilvania, and soe from henceforth we will have itt called.
46 COLONIZATION OF PENNSYLVANIA.
Admiral Penn, upon his decease, left claims to the amount of £16,000 against the
Crown, and his son William was entrusted to the care of the Duke of York, afterwards
King James II.
The outline of this grant was magnificent and far more definite than the previous
efforts at defining colonial boundaries. It included “all that tract or part of land in
America, with the islands therein contained, as the same is bounded on the east by the
Delaware River, from twelve miles distance northward of New Castle Town unto the
three-and-fortieth degree of northern latitude, if said river do extend so far north-
ward; but if the said river shall not extend so far northward, then by the said river
so far as it doth extend, and from the head of the said river to the eastern bounds
are to be determined by a meridian line to be drawn from the head of said river unto
the said forty-third degree. The said land to extend westward five degrees in longi-
tude, to be computed from the said eastern boundary, and the said lines to be bounded
on the north by the beginning of the three-and-fortieth degree of northern latitude,
and on the south by a circle drawn at twelve miles' distance from New Castle north-
ward and westward unto the beginning of the fortieth degree of northern latitude,
and then by a straight line westward to the limits of longitude above mentioned.”
This extract from the charter of Pennsylvania is here given in modern English.
It should be observed that the geographers of that day considered degrees of lati-
tude as zones taking designation from their northern parallels; hence the north bound-
ary of Pennsylvania, designated as the beginning of the forty-third degree, is really
the forty-second parallel. The south boundary, being the beginning of the fortieth
degree, was really the thirty-ninth parallel, a construction for which Penn earnestly
contended in his disputes with Lord Baltimore in relation to the boundary between
Pennsylvania and Maryland. Proud, in his “History of Pennsylvania,” states the
length of the colony at five degrees of longitude, or two hundred and sixty-five miles,
on the forty-first parallel.
Penn, finding that Lord Baltimore claimed the country along Delaware Bay and
River to the mouth of the Schuylkill, more than 150 miles, obtained from the Duke of
York (it being included in his grant of 1664) a release of the said territory.
On October 27, 1682, Penn landed at New Castle, now in the State of Delaware
and reached the Province of Pennsylvania Sunday, October 29, 1682, O. S., being that
day at Upland (now Chester), as appears from a letter written by himself. During
November, 1682, he made his first treaty with the Indians at Shackamaxon (now Kens-
ington, in Philadelphia).
By a written instrument, made by Penn in England, July 11, 1681, called “condi-
tions or concessions” between himself and the “adventurers and purchasers” in the
Province of Pennsylvania, he entered into a compact as to landed settlements and the
government of the country. The contract was signed by Penn as governor and pro-
prietary, and of the first adventurers thirteen signed in person or by proxy.
On April 25, 1682, William Penn set his hand and seal to “this present charter of
liberties,” of date April 2, 1682, in England, it being a frame of government for Penn-
sylvania, “to be further explained and confirmed in the province by the first provin-
cial council that shall be held if they see meet.”
In 1683 Penn was busily engaged organizing the new government and receiving
and caring for colonists.
On February 2, 1683, was made and signed by William Penn, as governor and pro-
prietary, the frame of government of the Province of Pennsylvania and territories
theretoannexed, in America. It provided for a council, an assembly, and mode of making
laws. It was signed by Penn, by the members of the provincial council, the members
of the assembly, and some of the inhabitants of Philadelphia. In consequence of a
dispute between himself and Lord Baltimore as to the boundaries between Maryland
and Pennsylvania, Penn returned to England in 1684, leaving the administration of
affairs in the hands of a provincial council.
In 1686 five commissioners were invested with the functions of government.
COLONIZATION OF DELAWARE. 47
. In 1688 a deputy governor, Capt. John Blackwell, was appointed, owing to factions
in the board of commissioners.
In 1692, and to 1694, Penn was deprived of authority, but was reinstated in 1694.
In 1696 Penn granted another frame of government for Pennsylvania, extending
rights and certain privileges, William Markham having been appointed by him lieuten
ant-governor.
On October 28, 1701, Penn being in Philadelphia, with the approval and consent of
the assembly and the proprietary councils, granted a charter for Delaware and for the
city of Philadelphia. This charter continued in force until superseded by the consti-
tution of the State under the Confederation. Penn died July 30, 1718, and his heirs
succeeded him as governors and proprietaries.
In 1763 a revolt was made against the government, and the proprietors, John and
Richard Penn, in person assumed the government and continued until 1776, Lieuten-
ant-Governor John Penn being the last. --
Pennsylvania, under her wise system of government and liberal laws, was the most
popular of all the colonies. (See Delaware for details as to Penn's purchase of that
territory and as to its government and separation from Pennsylvania.)
The boundary between Maryland and Pennsylvania was run by Mason and Dixon
in 1763-'67. (See Maryland for details of this survey.)
In 1768, under treaty with the Six Nations (Indians), the proprietary obtained a
large tract of land, embracing most of the north and northwest counties of the State,
which was opened for settlement by colonists and settlers.
July 15, 1776, a convention assembled at Philadelphia for the purpose of forming a
constitution, in accordance with the request of the Continental Congress. It completed
its work September 28, 1776, when the constitution was announced. Pennsylvania
ratified the Constitution of the United States December 12, 1787, and was thereby
admitted into the Union.
By an act of the legislature of Pennsylvania, dated November 27, 1779, and known as
the “Divesting act,” the Penns were allowed £130,000 by the State for their unsettled
lands within its limits, to be paid after the termination of the war; but all their pri-
vate estates, manors, and quit-rents were reserved to them.
All the State lands of Pennsylvania were thereafter disposed of by the direction of
the Commonwealth. Pennsylvania made no cession of western lands to the National
Government. [For the boundary dispute and land claims of Pennsylvania and Con-
necticut, see article on “Reservations” at end of chapter on “Cessions.”]
D E L A W A R E.
COLONIZATION.
In 1631 Captain David Pieterson de Vries, with two ships and about thirty Dutch
colonists, entered the Delaware River. He was associated with Godyn, Bloemmart, and
Van Rensselaer, wealthy Dutch patrooms, in establishing a settlement on the Delaware
for the purpose of cultivating tobacco and grain and prosecuting the whale and seal
fisheries. He built Fort Hoernekill, near Lewes, Delaware. The Indians destroyed
this settlement.
Under the patronage of Gustavus Adolphus, King of Sweden, a company was formed,
known as the Swedish West India Company, for colonizing and trading in America.
A colony sent out by this company in 1637 erected a fort at the mouth of Christiana,
and named the country New Sweden. They had, prior to this, bought of the Indians
the land from Cape Henlopen to the Great Falls at Trenton. They soon afterward
erected another post and fort on Tinicum Island, in the Delaware, below now Phila-
delphia. This was in 1643. The Dutch of New Amsterdam (New York), in 1651, consider-
ing this movement as an invasion of their possessions, sailed up the Delaware and built
48 COLONIZATION OF DELAWARE.
a fort at where the present city of New Castle stands, called Fort Casimir, which in
1654 the Swedes stormed and captured.
In 1655 the Dutch, headed by Peter Stuyvesant, captured all the Swedish forts on
the Delaware, and administered to many of the colonists the oath of allegiance to
Holland. Those who would not take the oath were shipped back to Europe.
In 1664 the Dutch were conquered by the English.
James, Duke of York, in 1664, when the English captured and conquered the New
Netherlands, claimed the Delaware settlements under his charter of 1664, and all of
the lands between the Connecticut and Delaware rivers. They were also claimed by
Lord Baltimore under his Maryland grant. *
The counties of New Castle, Kent, and Sussex upon the Delaware were granted by
James, Duke of York, by two quit-claim deeds or deeds of feoffment, of date August
24, 1682, to William Penn, proprietary of Pennsylvania.
October 28, 1632 (O.S.), at the court-house in New Castle, in the midst of the peo-
ple, Penn received from the agent of the Duke of York the surrender of the territory
which is now the State of Delaware, receiving it by the solemn delivery of earth and
water. As the territory thus transferred lay within the limits claimed by Maryland,
James II. ordered that that portion of the peninsula lying between the fortieth paral-
lel and the parallel of Cape Henlopen should be equally divided between the two col-
onies. By the agreement made in 1732 between the heirs of Penn and Baltimore, and
which was based upon the decision of the committee of trade and plantations in Eng-
land, before whom Baltimore and Penn were, December 9, 1685, wherein it was decided
that Delaware did not constitute a part or portion of Maryland, it was agreed that from
the middle point of the parallel of Henlopen a tangent be drawn to the circle around
New Castle, and made the line of separate jurisdiction. This tangent was continued
northward to a point fifteen miles south of Philadelphia, through which Mason and
Dixon's line was subsequently run.
November 7, 1732, the present boundaries were established by a compromise.
In the Continental Congress Delaware was designated by the signatures of her dele-
gates therein, October 25, 1774, as “the three lower counties of New Castle, Kent, and
Sussex on Delaware” in the articles of association. On October 26, 1774, in the cap-
tion to the address to the King, she was also designated as “the counties of New Cas-
tle, Kent, and Sussex on Delaware,” but on signing the address the delegates signed it
for “the Delaware government.” To the Declaration of Independence the delegates
signed for “Delaware.” In Penn's charter of 1701 the designation was “the tract of
land now called the “territories of Pennsylvania’”; in the Duke of York's deeds “the
counties of New Castle, Kent, and Sussex upon Delaware”; in the constitution of Del-
aware proclaimed September 21, 1776, she was designated “the Delaware State, for-
merly styled ‘the government of New Castle, Kent, and Sussex upon Delaware.’”
In 1690 the Pennsylvania council divided. The members for the territories with-
drew April 1, 1691, and, William Penn consenting, the lower counties (now Delaware)
became a separate government under a deputy governor.
After Pennsylvania was turned over to a royal commission, in 1692, and Penn's au-
thority suspended, Governor Fletcher, of New York, for William and Mary, in April,
1693, united Delaware to Pennsylvania. Delaware gave the Crown incessant uneasi-
ness by its stubborn resistance to royal authority or consolidation with Pennsylvania.
In 1694 Penn recovered his rights, and on the 28th of October, 1701, at Philadelphia,
he gave the charter for the Province of Delaware, as it says “have unto this present
charter of liberties set my hand and broad seal.” This charter granted the province
an assembly. -
In 1703 they established a separate assembly, but until the Revolution had the same
government, and the proprietary claimed all his rights.
Delaware formed a constitution through a convention which met for that purpose
at New Castle, August 27, 1776, as recommended by the Continental Congress. It was
proclaimed September 21, 1776. She adopted the Constitution of the United States
COLONIZATION OF MARYLAND. 49
December 7, 1787, becoming thereby the first State in the Union in point of time. The
State thus formed succeeded the proprietary.
Delaware ceded no lands to the United States, as she had no claims to western ter-
ritory or lands, her boundaries having been defined prior to the Revolution. She was
a strong factor under the Confederation in obtaining the cessions of western territory,
by the States holding it, to the National Government. . -
M A R Y L. A. N. D.
COLONIZATION.
Sir George Calvert (Lord Baltimore, an Irish peer and member of the privy council and
one of the secretaries of state), who had made an attempt at colonization of a part of
Newfoundland prior to this time, visited Virginia in 1629, but soon abandoned the
idea of founding a colony there. Proceeding northward, he explored the upper portion
of Chesapeake Bay, and on his return to England petitioned Charles I. for a grant for
a colony, but died before it was issued. -
June 20, 1632, the charter for Maryland was issued, and remained in force until the
war of 1776, and Caecilius (Cecil) Calvert, Lord Baltimore, successor to his father
(George Calvert), and his heirs, became proprietary of the Province of Maryland, with
territorial jurisdiction over soil and territory, including the country between the for-
tieth degree of latitude on the north and the Potomac on the south, with an eastward
projection of the southern boundary across the peninsula flanking the Chesapeake Bay
to the Atlantic. &
The province by the charter was named Maryland in honor of Henrietta Maria, wife
of Charles I., and daughter of Henry IV., of France.
William Clayborne, in 1631, landed on Kent Island, in the Chesapeake Bay, and made
the first white settlement in the territory of the afterwards granted colony. He re-
monstrated against the issuance of the grant to Calvert. -
In 1632, Virginia also, by her commissioners, remonstrated against issuing the char-
ter to Lord Baltimore, as an invasion of her territory under prior charter grants.
The privy council, after argument, sustained the Calvert charter, and in 1634 Leonard
Calvert, with a colony, in the vessels “Ark” and “Dove,” sailed from England and
landed on the bank of what is now Saint Mary's River, March 27, 1634, and with the
consent of the Indians located the town of Saint Mary's. -
In 1635 the first legislature met and främed laws. During the Commonwealth in
England the proprietary remained loyal to Charles I. A civil contest ensued, and the
rule of the Commonwealth was established in 1652. -
In 1658 Lord Baltimore recovered his proprietary rights, and his brother, Philip Cal-
vert, was appointed governor.
King William III., in 1689, attempted to govern the colony as a royal province, and in
1692 sent over Sir Lionel Copley as its governor. He abolished the convention, which
in 1689 had petitioned the King to assume the government. The privy council advised
the forfeiture of the charter by legal process, and in spite of the protest of the proprie-
tary the King seized the colony, assumed control, and called an assembly which
radically changed the proprietary government. - -
In 1714, on petition, Benedict Charles Calvert, fourth Lord Baltimore, was restored
to the rights of the proprietary, and in 1715 assumed them.
z - MASON AND DIXON'S LINE.
Prior to this, in 1684, there was a serious dispute as to the boundaries between Mary-
land and Pennsylvania by their respective proprietaries, Baltimore and Penn.
In the disputes on boundary with Penn, Baltimore contended for the modern mean-
ing of the word latitude, which would carry his grant to the fortieth parallel. The
4 L O—WOL III - -
50 COLONIZATION OF MARYLAND. xzº’
line between them by the grants to the colonies respectively had been fixed at
the fortieth parallel north latitude. By an agreement between the proprietaries
for fixing their boundary, commissioners were appointed for that purpose, in 1732,
1739, and 1750. None of them could agree, and suits in chancery followed. On the
15th of May, 1750, the lord chancellor, Hardwick, rendered a decision which was the
basis of a stipulation and adjudication, signed July 4,1760. Under this, after Novem-
ber, 1760, three commissioners and surveyors were appointed, and spent three years in
locating base and tangent lines between Delaware and Maryland. Charles Mason, F.
R. S., assistant to Dr. Bradley, the astronomer of the royal observatory at Greenwich,
and Jeremiah Dixon, in 1763, were commissioned by the proprietaries of Pennsylvania
and Maryland to correct, ascertain, and make a more skilled and exact survey. They
arrived from England at Philadelphia November 13, 1763, and at once went to work
under the escort of Indians from the Six Nations. Completing their field-work Decem-
ber, 1767, they verified the work of the surveyors of 1760, and ran the western line
fixed at 390 43' 26.3' north, since called “Mason and Dixon's Line.” They did not
complete the survey of the whole line, because of Indian troubles, but quit at a point
about thirty-six miles east of the western point at which they were to finish, about
two hundred and forty-four miles from the Delaware. It was afterward completed, in
November,1782, by Alexander McLean, of Pennsylvania, and Joseph Neville, of Virginia.
It was proved and made permanent in 1789.
Mason and Dixon placed stones at every mile and the coat of arms of the proprieta-
ries respectively on opposite sides of each fifth mile-stone or station. “Mason and
Dixon's Line” is, therefore, the line east and west (at latitude 39°43'26.3° north),
being the southern boundary of Pennsylvania and the line between that State and
Maryland, and the northern boundary of Maryland. Continuing westward, it is the
line between West Virginia (then Virginia) and Pennsylvania.
MARYLAND AFTER THE REVOLUTION.
At the period of the Revolutionary War, 1774 to 1776, Maryland was still under the
proprietary government, an heir of Lord Baltimore, the last of the name, being its
proprietary. A constitution was framed and adopted by a convention which met at
Annapolis, August 14, 1776, and completed its work November 11, 1776. Robert Eden
was the last colonial governor. He arrived in Annapolis on June 5, 1769, and con-
tinued in office during the stormy period preceding the actual hostilities of the Revo-
lution, and until the colonies declared their independence, when, on the recommenda-
tion of the committee of safety that his presence in the colony was no longer required
or desired, he left it and returned to England.
Maryland ratified the Constitution of the United States on the 28th of April, 1788,
and was thereby admitted into the Union. She became successor to the proprietary
lands and domains. She had no western territory and made no cessions to the United
States, but her stubborn battle against the several States which had large tracts of
western Jands from grants, insisting that they should surrender them to the national
government for a public domain, was one of the most potent and effective arguments
used to accomplish that end. -
The limits of the first colony of Virginia, as defined by the second charter, 1609, em-
braced four hundred miles of sea coast, of which the central point was Old Point Com-
fort, with a westward extension to the Pacific, between the parallels passing through
these extreme points. Of this territory portions were included, as above detailed, in
the colonies of Maryland, Delaware, and New Jersey. The Virginia charter having
been judicially vacated, there remained no legal obstacle to further dismemberment
of the territory.
COLONIZATION OF NORTH AND SOUTH CAROLINA. 51
T H E C A R O L IN A S.
NORTH AND SOUTH CAROLINA UNDER ONE CHARTER—COLONIZATION.
Sir Walter Raleigh, under his charter of March 25, 1584, planted the first fixed
English colony in North America, upon the Island of Roanoke, near North Carolina,
July 23, 1587.
In 1653 and to 1660 Virginia colonists and settlers pushed into what is now called
Perquimans County, at Durant's Neck.
In September, 1665, at Cape Fear River, the colony of Clarendon was settled by
plauters from Barbadoes, under Governor Sir John Yeamans, and was really the foun-
dation of North Carolina.
A grant was made to Sir Robert Heath, attorney-general to Charles I., in 1630, as-
signed by him to the Earl of Arundel and voided in 1663 for non-user.
March 24, 1663, Charles II. made a grant of the charter of the Province of Carolina
Čo Earl Clarendon and others. \
[Extract from grant to Earl Clarendon.]
Edward, Earl of Clarendon, to our high chancellor of England, and George, Duke of
Albemarle (General Monk), master of our horse and captain-general of all our forces,
our right trusty and well-beloved William, Lord Craven, John, Lord Berkeley, our right
trusty and well-beloved Counsellor Anthony, Lord Ashley, chancellor of our exchequer,
Sir George Carteret, knight and baronet, vice-chamberlain of our household, and our
trusty and well-beloved Sir William Berkeley, knight (governor of Virginia), and Sir
John Colleton, knight and baronet, being excited with a laudable and pious zeal for
the propagation of the Christian faith and the enlargement of our empire and dominions,
have humbly besought leave of us by their industry and charge to transport and make
an ample colony of our subjects, natives of our Kingdom of England and elsewhere
within our dominions, within a certain country hereafter described in the part of
America not yet cultivated or planted, and only inhabited by some barbarous people
who have no knowledge of Almighty God, &c., &c.
The lands granted were between the thirty-first and thirty-sixth degrees of north
latitude, and westward to the Pacific Ocean. The grantees became known as “Lords
Proprietors of the Province of Carolina.” It was not discovered that the colonies of
Clarendon and Albemarle were without the limits of this charter. So, on petition of
the proprietors, Charles II., on the 30th of June, 1665, granted a second or supplemental
charter. The first as well as the second charter embraced title to the soil and polit-
ical jurisdiction, subject, however, to the sovereignty of the Crown.
[Extract from the second charter of Carolina, June 30, 1665.]
Know ye, that at the humble request of the said grantees, &c. we are graciously
pleased to enlarge Our Said grant unto them, according to the bounds and limits here-
after specified, and in favor of the pious and noble purpose of the said Edward
earl of Clarendon, George duke of Albemarle, William earl of Craven, John lord
Berkely, Anthony lord Ashley, sir George Carteret, sir John Colleton, and sir Will-
iam Berkely, their heirs &c., all that province, territory, or tract of land, situate, lying,
and being, within our dominions of America aforesaid, extending north and eastward
‘as far as the north end of Currituck river or inlet, upon a straight westerly line, to
Wyomoak creek, which lies within or about the degrees of thirty-six and thirty min-
utes northern latitude, and so west in a direct line as far as the south seas; and south
and westward as far as the degrees of twenty-nine inclusive, of northern latitude;
and so west in a direct line as far as the south seas, together with all and singular the
Fº harbors, bays, rivers, and inlets, belonging unto the province and territory afore-
Salòl.”
This charter fixed the limits of the grant at between the parallels 290 and 36° 30'
north latitude, and from the Atlantic to the Pacific. The southern boundary trenched
upon the province of Florida, held by the Spaniards. This claim, however, the Eng-
lish authorities disputed, alleging prior discovery.
The fundamental constitution of Carolina (see Poore's Charters and Constitutions)
was drawn by John Locke, the author of the Essay on the Human Understanding,
and Anthony Ashley Cooper, Earl of Shaftesbury, the eminent statesman and philos-
52 COLONIZATION OF SOUTH CAROLINA.
opher. It was the most extraordinary document for the government of men that
human genius had yet devised. Still, it excited the admiration of the idealists, dream-
ers, and publicists. It was called “the grand model.” It was a grand failure in prac-
tice, and was abolished by the proprietaries in April, 1693, after being only partially
put in practice. -r
THE SEPARATION OF NORTH AND SOUTH CAROLINA.
In 1674 Joseph West was appointed governor of the Southern Colony (although
North and South Carolina were still under one proprietary rule).
After the year 1732 the colony was divided. Separate assemblies were held prior to
this. -
The charter of June 30, 1665, was, on the 25th July, 1729, surrendered to the King
by seven of the eight proprietors, under the authority of the act of Parliament (2d
Geo. II, chap. 34). Lord Carteret (Earl Granville), the eighth proprietor, resigned on
the 17th September, 1744, all pretensions to the government; and his eighth part of the
right to the soil was located by commissioners, appointed by him and the King, next
adjoining Virginia, bounded “north by the Virginia line, east by the Atlantic, south by
latitude 35° 34' north, and west as far as the bounds of the charter.” The price paid
was £17,500 or about $80,000, and the boundaries fixed between the colonies by orders
in council after July 25, 1729.
The governments of both North and South Carolina, after 1732, became regal, with
royal governors. The council and judiciary were appointed by the King, the people
electing the house of delegates. -
At Charlotte, Mecklenburg County, May 20, 1775, a convention of delegates from the
county adopted the now famous “Mecklenburg declaration of independence,” to-
gether with a series of resolutions establishing a form of govemment.
March 12, 1776 (after ratification by the State of the declaration of independence),
a Congress, elected for that purpose, met at Halifax and formed a Constitution, and
adjourned December 18, 1776. It was not submitted to the people.
June 4, 1835, a convention to amend this constitution was held at Raleigh, which
finished its work on July 11, 1835. These amendments were ratified by the people.
The constitution of 1776 was the organic law of the State for fifty-nine years with-
out alteration.
November 21, 1789, North Carolina ratified the Constitution of the United States,
and was thereby admitted into the Union. The State formed in 1776 became the suc-
cessor to the Crown in the ownership of unoccupied lands and disposed of them. She
ceded to the United States, February 25, 1790, the territory lying beyond her present
western boundary, which now forms the State of Tennessee. -
S O U T H C A R O LIN A.
COLONIZATION.
In 1562 John Ribault, one of the Admiral Coligny’s French Huguenots, who sailed
with an expedition to Florida and named the river Saint John, sailing northward,
made the harbor which he named Port Royal. He built a fort on an island. therein,
and, in honor of Charles IX., of France, named it “Carolina.” Leaving a colony, he
returned to France. The colonists mutinied and went to sea, where, after long suffer-
ing, they were picked up by an English vessel and taken to Europe.
South Carolina was embraced in the grant of the Carolina province of March 24, 1663,
by Charles II., to Albemarle and others, which was amended in 1665.
South Carolina remained a part of the province of Carolina until after July 25,
1729, when a final surrender of the proprietary charter was made to the Crown and
she became a royal province and known as the province of South Carolina.
*
COLONIZATION OF GEORGIA. 53
In 1671 three ship-loads of English colonists, under Sir William Sayles, landed at
Port Royal, but within a year removed to Ashley River, and in 1680 founded the pres-
ent city of Charleston. - -
In 1670 the Duke of Albemarle, one of the lord proprietaries, had been installed as
palatine, and a large sum of money was expended in the equipment and fitting out of
the Sayles or Port Royal colonists above mentioned up to 1693. South and North
Carolina were for a time governed by the “grand model” or John Locke “Funda-
mental constitutions of Carolina.”
The English revolution of 1688 was taken advantage of to depose and expel the
royal governor, and the people, defying the authority of the proprietary, proceeded to
organize an independent government for their protection.
In 1720 overtures were first made, and in 1729 were consummated (see North Caro-
lina), under which the English Government purchased the right of the Lords Proprie-
tors, and afterward the royal government was formed, viz, after July 25, 1729, the
boundaries between North and South Carolina being fixed at the time of the division
by the order in council. South Carolina included in her southern limits the colony (now
State) of Georgia. se *
A provincial congress was called in 1774, and delegates went to the Continental
Congress.
Upon the abandonment of the colony by the royal governor in 1775 the provincial
congress assumed control and government.
On March 26, 1776, the constitution adopted by the provincial congress was adopted,
as recommended by the Continental Congress. -
On May 23, 1788, she adopted the Constitution of the United States and was thereby
admitted into the Union. The State became successor to the Crown in the ownership
and disposition of the unappropriated and unoccupied public lands therein and made
disposition of the same, ceding to the United States, August 9, 1787, the lands to the
west of her western boundary and now lying in the extreme north of the States of
Georgia, Alabama, and Mississippi. * :
G E O R. G. I.A.
COLONIZATION.
A great portion of the southern part of the colony of South Carolina remained un-
occupied by permanent settlers or colonists up to 1732, and was a free zone of doubt-
ful ownership, filled with Indians, Spaniards, Frenchmen, and adventurers. It was
claimed by Great Britain as a part of South Carolina, and by Spain as the northern
part of Florida. -
June 9, 1732, George II. of Great Britain granted a charter for the establishment of
the colony of Georgia in America. Trustees were appointed to have charge of the
same, James Oglethorpe, the philanthropist, the prime mover for the charter, being
one of them.
The lands granted were embraced within the charter of the Carolinas of 1662–63,
and lying in the colony of South Carolina between the Savannah and Altamaha
rivers, with the zone included between the parallels passing through their head-
waters and extending westward to the Pacific.
[Extract from the Georgia charter, June 9, 1732, 5 George 2.]
Know ye, therefore, that we, greatly desiring the happy success of the said corpo-
ration, for their further encouragement in accomplishing so excellent a work, have, of
our special grace, certain knowledge, and mere motion, given and granted, and by these
presents, for us, our heirs, and successors, do give and grant to the said corporation,
and their successors, under the reservations, limitations, and declarations, hereafter
expressed, seven undivided parts (the whole into eight equal parts to be divided) of
all those lands, countries, and territories, situate, lying, and being, in that part of South
Carolina in America, which lies from the northern stream of a river commonly called
the Savannah, all along the sea coast to the southward, unto the most southern stream
54 z COLONIZATION OF GEORGIA.
of a certain other great water or river called the Alatamaha, and westward from the
heads of the said rivers respectively, in direct lines to the south seas; and all that
space, circuit, and precinct of land, lying within the said boundaries, with the islands
in the sea lying opposite to the eastern coast of the said islands, within twenty leagues
of the same, which are not already inhabited, or settled, by any authority derived from
the Crown of Great Britain. *
One object of the colony was to furnish labor for the destitute and impoverished of
England; for poor debtors, children, and orphans. The political object was to erect a
government between the Savannah and Altamaha rivers, to prevent encroachment
upon the colonies of South and North Carolina by the Spanish. Parliament voted
£10,000. Large and numerous subscriptions were made by individuals. Oglethorpe,
afterward governor of the colony, Lord Percivel, president of the corporation, Earl
of Shaftesbury, Lord Tyrconnel, the brothers John and Charles Wesley, and George
Whitfield were most prominent in this movement.
November 6, 1732, Oglethorpe sailed from England, and after landing at Charleston,
South Carolina, sailed up the Savannah River, and after a council with the Indians,
made a settlement on the site of the present city of Savannah, February 1, 1733. The
colonists were subjected to invasion by Spanish land claimants and marauders, and, in
turn, invaded Florida.
Great dissatisfaction existed in the colony with the rules and regulations made by
the trustees, especially in relation to the prohibition of slaves and slave labor, the
land allotments, and laws of descent. This continued throngh 1733 and until 1743,
when Governor Oglethorpe gave way to a board composed of a president and four asso.
ciates, this in turn giving way, June 20, 1752, to a provincial government. The com-
pany and trustees on that day surrendering the charter of 1732, Georgia thus became a
royal colony, with a royal governor and council, and the same regulations as to lands
Were made as existed in the Carolinas. f
Lord Carteret, by indenture dated February 28, 1732, had granted, to the trustees
of Georgia his eighth part of the territory described in the Carolina charter. The ex.
tension of the boundaries of Georgia was defined by the proclamation of George III.
of Great Britain, dated October 7, 1763. Referring to the treaty of Paris of February
10, 1763, the territories between the rivers Altamaha and Savannah were annexed to it.
Again, George III., in commissioning James Wright as governor of Georgia in Jan-
uary, 1764, defined his jurisdiction as covering all the lands between the Savannah
and the Saint Mary's, and between the parallels passing through the headwaters of
the former and the north boundary of East and West Florida, which extended along
the Saint Mary's to its headwaters, thence by a direct line to the confluence of the
Chattahoochee and Flint, thence up the Flint to the thirty-first parallel, and thence, by
said parallel, to the Mississippi River. The thirty-first parallel was made the north
boundary of West Florida, afterward extended northward in compliance with a recom-
mendation, March 23, 1764, of the British board of trade, as shown by royal commissions
to Governors Elliot and Chester, of West Florida, dated, respectively, May 15, 1767, and
January 25, 1770, and finally by the convention to settle boundaries between the States
of South Carolina and Georgia, concluded at Beaufort on the 28th day of April, 1787,
of which the following are extracts: -
ARTICLE 1. The most northern branch or stream of the river Savannah, from the sea
or mouth of such stream to the fork or confluence of the rivers now called Tugoloo and
Keowa, and from thence the most northern branch or stream of the said river Tugoloo,
till it intersects the northern boundary line of South Carolina, if the said branch or
stream of Tugoloo extends so far north, reserving all the islands in the said rivers
Savannah and Tugoloo to Georgia; but if the head spring or source of any branch or
stream of the said river Tugoloo, does not extend to the north boundary line of South
Carolina, then a west line to the Mississippi, to be drawn from the head spring or
source of the said branch or stream of Tugoloo River, which extends to the highest
northern latitude, shall forever hereafter form the separation, limit, and boundary,
between the States of South Carolina and Georgia.
# * # 3. 3& $ -
ART. 3. The State of South Carolina shall not hereafter claim any lands to the east-
ward, southward, southeastward, or west of the boundary above established; but here-
COLONIZATION OF GEORGIA. -- 55
by relinquishes and cedes to the State of Georgia, all the right, title, and claim, which
the said State of South Carolina hath to the government, sovereignty, and jurisdiction,
in and over the same, and also the right of pre-emption of the soil from the native Indi-
ans, and all other the estate, property, and claim, which the State of South Carolina
hath in or to the said land. -
ART. 4. The State of Georgia shall not hereafter claim any lands to the northward
or northeastward of the boundary above established; but hereby relinquishes and cedes
to the State of South Carolina, all the right, title, and claim, which the said State of
Georgia hath to the government, sovereignty, and jurisdiction, in and over the same ;
and also the right of pre-emption of the soil from the native Indians, and all other of
the estate, property, and claim, which the State of Georgia hath in or to the said lands.
A general assembly was ordered in 1755.
A convention assembled at Savannah, October 1, 1776, in conformity with the recom-
mendations of the Continental Congress, and proceeded to organize a State govern-
ment. They passed a constitution, which was unanimously adópted February 5, 1777.
A second constitution was framed by a convention which met at Augusta November 4,
1788, but it was not ratified until January 4, 1789, and by a convention elected for that
purpose, which met at Augusta. In the mean time, viz, on January 2, 1788, she had
adopted the Constitution of the United States, and thereby was admitted into the Union
The State of Georgia became the successor to the Crown and to the ownership and
disposition of unappropriated and unoccupied public lands therein. Those lying to
the west of her present western boundary she ceded to the United States April 24,
1802, and they now constitute portions of the States of Alabama and Mississippi.
AUTHORITIES UNDER THIS CHAPTER.
For list of names of all governors (proprietary, crown, and state) of the thirteen
colonies and States, see “Lanman's Biographical Annals of Civil Government of United
States,” pages 569–571. -
Bancroft's History of the United States, vols. 1 to 10.
Charters and Constitutions of the United States; edited by Ben. Perley Poore. '
Wheeler's History of North Carolina. * -
Land Laws of the United States; compiled by Albert Gallatin, 1810–17.
Land Laws of the United States; compiled by Mathew St. Clair Clarke, 1827,
Johnson's Universal Cyclopaedia: titles, “Colonies,” “States,” &c. -
Lord's History of the United States.
Laws of the United States; Brown & Duane's edition, vol. 1.
Statutes at Large of the United States; Little, Brown & Co., publishers.
Revised Statutes of the United States, 1878.
Story on the Constitution.
Hickey's Constitution of the United States; Alex, Cumming's revision.
Life of Sir Walter Raleigh; Edwards.
Palfrey's History of New England.
CHAPTER III.
To DECEMBER 1, 1883.
ORGANIZATION OF THE GOVERNMENT OF THE UNITED STATES,
AND CESSIONS OF LANDS THERET0 BY SEVERAL STATES OF
THE UNION. - -
CESSIONS FROM MARCH 1, 1781, TO APRIL 24, 1802.
The preceding chapter states the title of Great Britain to the territory and lands
held by the Crown and by the several colonies in America, under and by virtue of
grants and charters from the British Government. By this chapter will be shown the
process of formation of the Government of the United States and how the colonies of
England in America became free and independent States by Declaration of Inde-
pendence, subsequently recognized and confirmed by the Government of Great Brit-
ain in the definitive treaty of peace with the United States, September 3, 1783, at the
conclusion of the Revolutionary War; how the colonies became the United States of
America under an act of confederation, and afterwards adopted a Constitution mak-
ing a more perfect union and a more permanent form of national government under
an organic law.
The States; July 4, 1776, becoming successors to the colonies and crown rights to un-
appropriated or crown lands lying to the westward of their, at that time, recognized
western boundaries, the States possessing such lands severally transferred them by
deeds of cession to the United States, to be disposed of for the benefit of all the people,
forming the first of the public domain. * -
PRELIMINARY STEPS TOWARD UNION OF THE coLoNIEs.
In 1643, the colonies of Massachusetts, Plymouth, Connecticut, and New Haven
formed a league which existed for forty years under regular form and with a congress
of delegates.
A congress of governors and commissioners of colonies was held at Albany, N.
Y., in 1722, and a congress of colonial commissioners from New Hampshire, Massa-
chusetts, Rhode Island, Connecticut, New York, Pennyslvania and Maryland, met in
Albany, N. Y., in 1754. They resolved that a union of the colonies was absolutely
necessary for their protection and preservation. A plan was proposed, but not adopted,
for a federal government.
October 7, 1765, delegates from nine colonies assembled in a congress at New York
City, and considered and adopted a “Declaration of Rights” on the question of taxa-
tion, stating in unmistakable terms that the American colonists, as Englishmen, could
not and would not consent to be taxed but by their own representatives. Taxation
involves the highest attribute of sovereignty, and the colonists were considering the
subject in reference to their own rights and privileges. +.
On the 5th of September, 1774, delegates from eleven of the colonies met in Carpen-
ter's Hall, Philadelphia. They adopted addresses to the King, to the English nation,
- - 56
ARTICLES OF CONFEDERATION. - 57
and also to the people of Canada, together with a resolution recommending the sus-
pension of commercial intercourse with Great Britain until the wrongs of the colonies
should be redressed. By the “association” then formed, delegates from the same
were given authority to consult and act for the common welfare. “Consultation by
authority of communities, formed into a compact in reference to subjects relating to
the common good, involves the idea of sovereignty, and is a practical exercise of its
power.” *
On the 10th of May, 1775, the second Colonial Congress of delegates from thirteen
colonies assembled in Philadelphia, according to recommendations of the first, and
among the things done by the delegates was to give their reasons for an appeal to arms
and to vote to raise twenty thousand men and the means to support them, upon an
equitable basis between the thirteen colonies respectively.
On Tuesday, July 2, 1776, the Continental Congress in Philadelphia–
Resolved, That these United Colonies are, and, of right, ought to be, free and inde-
pendent States: that they are absolved from all allegiance to the British Crown, and
fhat all political connection between them, and the State of Great Britain, is, and ought
to be, totally dissolved ;
And a committee was raised to draft a Declaration of Independence.
On Thursday, July 4, 1776, in the State-house at Philadelphia, State of Pennsylvania,
Congress adopted “a Declaration of Independence by the Representatives of the United
States of America, in Congress assembled, to be signed by the members from the sev-
eral States,” which was signed by fifty-six members.
From the first meeting of the league in 1643 to the final act at Philadelphia, July 4,
1776, was one hundred and thirty years—a period of constant struggle and clash with
the British Crown.
The Congress of 1776 passed a resolution recommending certain States to call con-
ventions of the people to establish a form of government, viz, New Hampshire, Vir-
ginia, and South Carolina.
On Monday, September 9, 1776, Congress— *
Resolved, "That in all continental commissions, and other instruments, where, hereto-
fore, the words “United Colonies” have been used, the style be altered, for the future,
to the United States. *
ARTICLES OF CONFEDERATION.
On Saturday, November 15, 1777, the Articles of Confederation and perpetual union
of the United States of America were adopted by the delegates of the thirteen original
States in Congress assembled, subject to the ratification of the respective States:
These articles were ratified by eight States on July 9, 1778, viz, by New Hampshire,
Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, Virginia, and
South Carolina, by their delegates in Congress; by one State on July 21, 1778, viz, North
Carolina; by one State on July 24, 1778, viz, Georgia; by one State on November 26,
1778, viz, New Jersey; by one State on February 22, 1779, viz, Delaware (Mr. J. Dickin-
son and Mr. Van Dyke signed the articles for Delaware May 5, 1779, and Mr. McKean
signed them for her February 22, 1779, at which time he produced a power authorizing
him so to do); by one State on March 1, 1781, viz, Maryland.
The ratification was completed March 1, 1781, by the action of Maryland.
Congress, under these articles, exercised full powers of Government until March 4,
1789, a period of eight years, and until the Constitution went into operation and su-
perseded the Articles of Confederation.
The defects of the government under the Confederation were so glaring, and its sys-
tem so unequal and inefficient in its operation, that amendment or change was de-
manded, and a series of movements looking to this end began in Congress on Saturday,
February 3, 1781, and running through several years, ended Saturday, September 13,
1788.
58 THE CONSTITUTION.
MEETING OF COMMISSIONERS AT ANNAPOLIS.
At the suggestion of the legislature of Virginia, under a resolution offered by James
Madison, and adopted January 21, 1788, inviting all the States to send commissioners to
meet at Some place to be agreed upon “to take into consideration the trade of the
United States, to examine the relative situation and trade of the said States, and to con-
sider how far a uniform system, in their commercial regulations may be necessary to
their common interest and their permanent harmony,” a convention was called which
met at Annapolis, Md., Monday, September 11, 1786. Four States besides Virginia were
represented in said convention, viz, New York, New Jersey, Pennsylvania, and Dela-
ware. On Thursday, September 14, 1786, the convention heard read a draft reported
from a committee, drawn by Alexander Hamilton, a delegate from New York, which it
adopted and signed. The convention then adjourned without date.
Accompanying the report referred to was a resolution recommending the calling of
“a general convention of all the States, to meet at Philadelphia in May, 1787, to take
into consideration the situation of the United States, and to devise such further pro-
visions as shall appear to them necessary to render the Constitution of the Federal
Government adequate to the exigencies of the Union.”
This resolution, with the report or address of the convention, was sent to the govern-
ors of all the States for adoption or rejection. John Dickinson, of Delaware, presented
it to Congress, which took it into consideration on the 21st of February, 1787.
THE CONSTITUTION.
A committee, Mr. Dane, chairman, reported to Congress upon the Annapolis report
and memorial, and recommended the calling of a constitutional convention and the send-
ing of delegates by the legislatures of all the States to the same, to be held at Phila-
delphia on the second Monday of May, 1787, under the following resolution, viz:
Resolved, That in the opinion of Congress, it is expedient, that, on the second Monday
in May next, a convention of delegates, who shall have been appointed by the several
States, be held at Philadelphia, for the sole and express purpose of revising the Arti-
cles of Confederation, and reporting to Congress and the several legislatures, such alter-
ations and provisions therein, as shall, when agreed to in Congress, and confirmed by
the States, render the Federal Constitution adequate to the exigencies of government,
and the preservation of the Union. Adopted February 21, 1787.
THE CONVENTION TO FORM THE CONSTITUTION.
May 25, 1787, seven States being present by their delegates at Philadelphia, Pa.,
the convention was organized by the election of George Washington, a delegate from
Virginia, as president, and the sessions began. -
On Monday, September 17, 1787, the Constitution was engrossed and signed by all
the members present save three. The president of the convention transmitted it to
Congress (sitting at Philadelphia, Pa.), with a communication stating how the pro-
posed government should be pub in operation under the Constitution when adopted by
the votes of nine States.
ACTION OF CONGRESS ON THE SAME, SEPTEMBER 28, 1787.
Congress having received the report of the convention lately assembled in Phila-
delphia— -
Regolved unanimously, That the said report, with the resolutions and letter accompany-
ing the same, be transmitted to the several legislatures, in order to be submitted to a
convention of delegates chosen in each State by the people thereof, in conformity to
the resolves of the convention, made and provided in that case.
THE GOVERNMENT UNDER THE CONSTITUTION. 59
RATIFICATION OF THE CONSTITUTION.
The States respectively called conventions, and the Constitution having been sub-
Imitted to them, was ratified, as follows:
State of Delaware, December 7, 1787.
State of Pennsylvania, December 12, 1787.
State of New Jersey, December 18, 1787.
State of Georgia, January 2, 1788.
State of Connecticut, January 9, 1788.
State of Massachusetts, February 6, 1788.
State of Maryland, April 28, 1788.
State of South Carolina, May 23, 1788.
State of New Hampshire, June 21, 1788.
State of Virginia, June 26, 1788.
State of New York, July 26, 1788.
North Carolina ratified November 21, 1789, and Rhode Island May 29, 1790.
More than nine States having ratified the Constitution, Congress, at New York, on
the 13th of September, 1789, declared the same ratified.
CONGRESS PROCEEDS TO ORGANIZE THE GoverNMENT UNDER THE CONSTITUTION,
- sEPTEMBER 13, 1789.
On the question to agree to the following proposition, it was resolved in the affirm-
ative by the unanimous votes of nine States, viz, of New Hampshire, Massachusetts,
Connecticut, New York, New Jersey, Pennsylvania, Virginia, South Carolina, and
Georgia :
Whereas the convention assembled in Philadelphia, pursuant to the resolution of
Congress of the 21st of February, 1787, did, on the 17th of September in the same year,
report to the United States in Congress assembled, a Constitution for the people of the
United States; whereupon, Congress, on the 28th of the same September, did resolve
unanimously, “That the said report, with the resolutions and letter accompanying
the same, be transmitted to the several legislatures, in order to be submitted to a con-
vention of delegates chosen in each State by the people thereof, in conformity to the
resolves of the convention made and provided in that case:” and whereas the Consti-
tution so reported by the convention, and by Congress transmitted to the several leg-
islatures, has been ratified in the manner therein declared to be sufficient for the es-
tablishment of the same, and such ratifications duly authenticated have been received
by Congress, and are filed in the office of the secretary; therefore,
Resolved, That the first Wednesday in January next, be the day for appointing elect-
ors in the several States, which before the said day shall have ratified the said Consti-
tution; that the first Wednesday in February next, be the day for the electors to as-
semble in their respective States, and vote for a President, and that the first Wednes.
day in March next, be the time, and the present seat of Congress the place, for com-
mencing proceedings under the said Constitution.
THE NATIONAL GOVERNMENT GOES INTO OPERATION UNDER THE CONSTITUTION.
The election for electors was held on the day appointed, and at the city of New
York, March 4, 1789, a meeting of Congress was held, but no quorum was present in
the Senate until April 6th following, upon which day the electoral vote was counted,
and George Washington, of Virginia, and John Adams, of Massachusetts, were de-
clared to be duly elected, respectively, President and Vice-President of the United
States.
On April 21, 1789, John Adams was inaugurated Vice-President, and on April 30,
1789, George Washington was inaugurated President of the United States.
THE YUINITED STATES BECOMES SUCCESSOR TO THE UNAPPROPRIATED CROWN LANDS BY
TREATY AND CESSION,
The Government thus organized became proprietor or lord paramount of the public
domain, receiving, as the successor of the Confederation, public lands held by it under
cessions from New York, Virginia, Massachusetts, Connecticut (partial), and South
60 MOVEMENT TO PROCURE CESSION OF LANDS.
Carolina, and receiving cessions direct from North Carolina and Georgia; the lands
Subsequently acquired by treaty and purchase coming under like control. The Con-
gress of the United States, for the Nation, became the sole custodian with entire right of
disposition, it being an asset of the nation, held for sale or for such other disposition
as in the judgment of Congress shall be deemed best. The problems growing out of
the ownership by several States of vast tracts of unoccupied land were difficult of
Solution; due, first, to rival claims, based on the ill-defined and conflicting grants made
by different sovereigns of Great Britain for lands in America; and, second, to the belief
that all the territory acquired from Great Britain by the treaty of 1783, having been
Secured by the blood and treasure of the whole people, should be held by the States as
common property to be disposed of by the General Government for the benefit of the
Nation. The data in possession of foreign governments in relation to this continent
were so vague that it was impossible to define their grants with accuracy, and they
seemed to think that the country was so large that there was scarcely any limit to
its extent; and the result was that different colonies claimed ownership of the same
territory, and often claimed under conflicting authorities. The humors and personal
likings of sovereigns for subjects to whom they gave grants, in return for services
or through friendship, to estates in America, covered the face of portions of the territory
of some of the colonies with titles and claims of proprietaryship or grants five deep.
These questions prevented for a time accord among the several States; and so com-
plicated were they that at times they seemed impossible of adjustment. The six
Smaller States which held no western lands contended with tenacity and determina-
tion that said lands should not be held by the States owning them for their exclusive
use, while the seven States which claimed and under the Confederation held vast sec-
tions of crown grant lands in the West, held the contrary opinion. The six States
without western lands insisted that such areas held by the other seven States within
their respective limits or boundaries would, under any plan of representation based
on population, be unequal and disastrous to the States holding no western lands.
THE MOVEMENT TO PROCURE STATE CESSIONS OF WESTERN TERRITORY TO THE
- |UNITED STATES.
The attention of the whole country appears to have been first drawn to these con-
flicting claims by the decided stand taken by the State of Maryland during the
discussion in the Congress upon the objections of certain States to the Articles of
Confederation in June, 1778. That State proposed on the 22d of June, 1778, and after-
wards insisted, that the boundaries of such of the States, as claimed to extend to the
river Mississippi or South Sea, should be defined and curtailed, and that the Western
Territories should be held for the common benefit of all the States. From that time
until 20 February, 1781, the State of Maryland refused to agree to the Articles of Con-
federation in consequence of having failed to obtain an amendment upon that point,
against which Virginia had remonstrated. On the 25th November, 1778, the act of
New Jersey for ratifying the Articles of Confederation was presented by the delegates
from that State in which this difficulty was referred to, but the delegates were directed
to sign the articles in the firm reliance that the candor and justice of the several States
would in due time remove as far as possible the inequality which then existed. The
delegate from Delaware signed the Articles of Confederation on the 22d of February,
1779. On the 23d of the same month they presented to the Congress a series of reso-
lutions passed by the legislature of their State, which were as follows:
ACTION OF DELAYWARE.
Resolved, That this State thinks it necessary, for the peace and safety of the States
to be included in the Union, that a moderate extent of limits should be assigned for
such of those States as claim to the Mississippi or South Sea; and that the United
States in Congress assembled, should, and ought to have the power of fixing their west-
ern limits.
Re8olved, That this State consider themselves justly entitled to a right, in common
ACTION OF MARYLAND ON LAND CESSIONS. 61
with the members of the Union, to that extensive tract of country which lies west-
ward of the frontiers of the United States, the property of which was not vested in,
or granted to, individuals at the commencement of the present war:—that the same
hath been, or may be, gained from the King of Great Britain, or the native Indians,
by the blood and treasure of all, and ought therefore to be a common estate, to be
granted out on terms beneficial to the United States. -
Upon which Congress passed the following resolution on the said 23d February, 1779,
eight States voting in favor, and three against the same, viz:
Re80lved, That the paper laid before Congress by the delegate from Delaware, and
read, be filed; provided, that it shall never be considered as admitting any claim by
the same set up or intended to be set up.
ACTION OF IMARYLAND.
On the 21st May, 1779, the delegates from Maryland laid before Congress the follow.
ing instructions received by them : .
Instructions of the general assembly of Maryland, to George Plater, William Paca, William
Carmichael, John Henry, James Forbes, and Daniel of St. Thomas Jenifer, esquires.
GENTLEMEN: Having conferred upon you a trust of the highest nature, it is evident
we place great confidence in your integrity, abilities, and zeal to promote the general
welfare of the United States, and the particular interest of this State, where the latter
is not incompatible with the former; but, to add greater weight to your proceedings
in Congress, and take away all suspicion that the opinions you there deliver, and the
votes you give, may be the mere opinions of individuals, and not resulting from your
knowledge of the sense and deliberate judgment of the State you represent, we think
it our duty to instruct as followeth on the subject of the confederation—a subject in
which, unfortunately, a supposed difference of interest has produced an almost equal
division of sentiments among the several States composing the Union. We say a sup-
posed difference of interests; for if local attachments and prejudices, and the avarice
and ambition of individuals, would give way to the dictates of a sound policy, founded
on the principles of justice, (and no other policy but what is founded on those immut-
able principles deserves to be called sound), we flatter ourselves this apparent diver-
sity of interests would soon vanish, and all the States would confederate on terms
mutually advantageous to all; for they would then perceive that no other confeder-
ation than one so formed can be lasting. Although the pressure of immediate calam-
ities, the dread of their continuance from the appearance of disunion, and some other
peculiar circumstances, may have induced some States to accede to the present con-
federation, contrary to their own interests and judgments, it requires no great share
of foresight to predict, that, when those causes cease to operate, the States which have
thus acceded to the Confederation will consider it as no longer binding, and will eagerly
embrace the first occasion of asserting their just rights, and securing their independ-
ence. Is it possible that those States who are ambitiously grasping at territories to
which, in our judgment, they have not the least shadow of exclusive right, will use
with greater moderation the increase of wealth and power derived from those territo-
ries, when acquired, than what they have displayed in their endeavors to acquire them 7
We think not. We are convinced the same spirit which hath prompted them to insist
on a claim so extravagant, so repugnant to every principle of justice, so incompatible
with the general welfare of all the States, will urge them on to add oppression to
injustice. If they should not be incited by a superiority of wealth and strength to
oppress by open force their less wealthy and less powerful neighbors, yet depopulation,
and consequently the impoverishment of those States, will necessarily follow, which,
by an unfair construction of the Confederation, may be stripped of a common interest,
and the common benefits derivable from the western country. Suppose, for instance,
Virginia indisputably possessed of the extensive and fertile country to which she has
set up a claim : what would be the probable consequences to Maryland of such an un-
disturbed and undisputed possession ? They cannot escape the least discerning.
Virginia, by selling on the most moderate terms a small proportion of the lands in
question, would draw into her treasury vast sums of money, and, in proportion to the
sums arising from such sales, would be enabled to lessen her taxes. Lands compara-
tively cheap, and taxes comparatively low, with the lands and taxes of an adjacent
State, would quickly drain the State thus disadvantageously circumstanced of its most
useful inhabitants; its wealth, and its consequence in the scale of the confederated
States, would sink, of course. A claim so injurious to more than one-half, if not to the
whole of the United States, ought to be supported by the clearest evidence of the right.
Yet what evidences of that right have been produced ? What arguments alleged in
support either of the evidence or the right # None that we have heard of deserving a
serious refutation.
It has been said, that some of the delegates of a neighboring State have declared their
62 ACTION OF MARYLAND ON LAND CESSIONS.
opinion of the impracticability of governing the extensive domain claimed by that
State. Hence also the necessity was admitted of dividing its territory, and erecting a
new State, under the auspices and direction of the elder, from whom, no doubt, it
would receive its form of government, to whom it would be bound by some alliance or
confederacy, and by whose councils it would be influenced. Such a measure, if ever at-
tempted, would certainly be opposed by the other States as inconsistent with the letter
and spirit of the proposed confederation. Should it take place by establishing a sub-
confederacy, imperium in imperio, the State possessed of this extensive dominion must
then either submit to all the inconveniences of an overgrown and unwieldy govern-
ment, or suffer the authority of Congress to interpose, at a future time, and to lop off a
part of its territory, to be erected into a new and free State, and admitted into a con-
federation on such conditions as shall be settled by nine States. If it is necessary, for
the happiness and tranquillity of a State thus overgrown, that Congress should here-
after interfere and divide its territory, why is the claim to that territory now made,
and so pertinaciously insisted on ? We can suggest to ourselves but two motives:
either the declaration of relinquishing, at some future period, a proportion of the
country now contended for, was made to lull suspicion asleep, and to cover the designs
of a secret ambition, or, if the thought was seriously entertained, the lands are now
claimed to reap an immediate profit from the sale. We are convinced, policy and jus-
tice require that a country unsettled at the commencement of this war, claimed by the
British Crown, and ceded to it by the treaty of Paris, if wrested from the common
enemy by the blood and treasure of the thirteen States, should be considered as a com-
mon property, subject to be parcelled out by Congress into free, convenient, and inde-
pendent governments, in such manner and at such times as the wisdom of that assen-
bly shall hereafter direct.
Thus convinced, we should betray the trust reposed in us by our constituents, were
we to authorize you to ratify on their behalf the Confederation, unless it be farther
explained. We have coolly and dispassionately considered the subject ; we have
weighed probable inconveniences and hardships, against the sacrifice of just and essen-
tial rights; and do instruct you not to agree to the Confederation, unless an article or
articles be added thereto in conformity with our declaration. Should we succeed in
obtaining such article or articles, then you are hereby fully empowered to accede to
the confederation.
That these our sentiments respecting our Confederation may be more publicly known,
and more explicitly and concisely declared, we have drawn up the annexed declara-
tion, which we instruct you to lay before Congress, to have it printed, and to deliver
to each of the delegates of the other States in Congress assembled, copies thereof,
signed by yourselves, or by such of you as may be present at the time of delivery; to
the intent and purpose that the copies aforesaid may be communicated to our brethren
of the United States, and the contents of the said declaration taken into their serious
and candid consideration.
Also, we desire and instruct you to move, at a proper time, that these instructions
be read to Congress by their secretary, and entered on the journals of Congress.
We have spoken with freedom, as becomes freemen; and we sincerely wish that these
our representations may make such an impression on that assembly as to induce them
to make such addition to the Articles of Confederation as may bring about a perma-
nent union.
# true copy from the proceeding of December 15, 1778.
est :
T. DUCKETT,
Clerk of the House of Delegates.
BOUNDARY AND LAND CLAUSE IN THE ARTICLES OF CONFEDERATION.
The ninth clause in the Articles of Confederation provided for the settlement of
Questions of boundaries or jurisdiction or other matters of dispute between the States.
Upon petition by the legislative or executive authority of a State, stating the matter in
dispute and praying for a hearing, notice was to be given, by order of Congress, to
the proper authority of the State complained of, and a day for hearing assigned. It
provided for the selection of commissioners, who were to hear and determine the
matter in question. No State was to be deprived of territory for the benefit of the
United States. All controversies concerning the private right of soil, claimed under
different grants of two or more States, and originating antecedent to settlement of
jurisdiction in the manner prescribed, might, on the petition of either claimant, be
heard and determined by like proceedings. *
ACT OF NEW YORK As To LAND CESSIONS. 63
STATES REQUESTED TO DISCONTINUE LAND SALES.
The Articles of Confederation left the sale and disposition of western lands in the
exclusive control of the States owning or claiming them. Some of them opened land
offices, made private grants, granted bounties, and otherwise disposed of a portion of
them. [See History of Virginia and North Carolina.] The discontent was so general
upon this subject that Congress, on the 30th of October, 1779, by a vote of eight States
to three, passed the following resolution : * -
Whereas the appropriation of vacant lands by the several States, during the con-
tinuance of the war, will, in the opinion of Congress, be attended with great mis-
chiefs, therefore, .
Resolved, That it be earnestly recommended to the State of Virginia to reconsider
their late act of assembly for opening their land office ; and that it be recommended
to the said State, and all other States similarly circumstanced, to forbear .
issuing warrants for unappropriated lands, or granting the same during the continu-
ance of the present war.
ACT OF NEw York.
This resolution was transmitted to the different States. The first State to respond
to it was New York. On the 7th March, 1780, her delegates presented the following act,
which was fully carried into effect by said delegates in Congress on March 1, 1781:
AN ACT to facilitate the completion of the Articles of Confederation and perpetuall]nion among the
- |United States of America. -
Whereas nothing under Divine Providence can more effectually contribute to the
tranquillity and safety of the United States of America than federal alliance, on such
liberal principles as will give satisfaction to its respective members: And whereas the
Articles of Confederation and perpetual Union recommended by the honorable the
Congress of the United States of America have not proved acceptable to all the States,
it having been conceived that a portion of the waste and uncultivated territory within
the limits or claims of certain States ought to be appropriated as a common fund for
the expenses of the war: And the people of the State of New York being on all occa-
sions disposed to manifest their regard for their sister States, and their earnest desire
to promote the general interest and security, and more especially to accelerate the
federal alliance, by removing, as far as it depends upon them, the before-mentioned
impediment to its final accomplishment:
Be it therefore enacted, by the people of the State of New York, represented in Senate and
a88embly, and it is hereby enacted, by the authority of the same, That it shall and may be
lawful to and for the delegates of this State in the honorable Congress of the United
States of America, or the major part of such of them as shall be assembled in Congress,
and they, the said delegates, or a major part of them, so assembled, are hereby fully
authorized and empowered, for and on behalf of this State, and by proper and au-
thentic acts or instruments, to limit and restrict the boundaries of this State, in the
western parts thereof, by such line or lines, and in such manner and form, as they
shall judge to be expedient, either with respect to the jurisdiction, as well as the right
or pre-emption of soil, or reserving the jurisdiction in part, or in the whole, over the
lands which may be ceded or relinquished with respect only to the right or pre-emp-
tion of the soil.
And be it further enacted by the authority aforesaid, That the territory which may be
ceded or relinquished by virtue of this act, either with respect to the jurisdiction, as
well as the right or pre-emption of soil, or the right or pre-emption of soil only, shal!
be and enure for the use and benefit of such of the United States as shall become mem-
bers of the federal alliance of the said States, and for no other use or purpose what-
©WeI’. -
And be it further enacted by the authority aforesaid, That all the lands to be ceded and
relinquished by virtue of this act, for the benefit of the United States, with respect to
property, but which shall nevertheless remain under the jurisdiction of this State,
shall be disposed of and appropriated in such manner only as the Congress of the said
States shall direct; and that a warrant under the authority of Congress for surveying
and laying out any part thereof, shall entitle the party in whose favor it shall issue to
cause the same to be surveyed and laid out and returned, according to the directions
of such warrant; and thereupon letters-patent, under the great seal of this State, shall
pass to the grantee for the estate specified in the said warrant; for which no other fee
or reward shall be demanded or received than such as shall be allowed by Congress:
Provided always, and be it further enacted by the authority aforesaid, That the trust
64 CONGRESSIONAL PROCEEDINGS.
reposed by virtue of this act shall not be executed by the delegates of this State unless
at least three of the said delegates shall be present in Congress.
STATE OF NEW York, ss. :
I do hereby certify that the aforegoing is a true copy of the original act passed the
19th of February, 1780, and lodged in the secretary's office.
ROBERT HARPUR,
Deputy Secretary of State.
Following the reception of this, the Congress took the following action:
IN CONGRESS OF THE CONFEDERATION,
WEDNESDAY, September 6, 1780.
Congress took into consideration the report of the committee to whom were referred
the instructions of the general assembly of Maryland to their delegates in Congress
respecting the Articles of Confederation and the declaration therein referred to, the
act of the legislature of New York on the same subject, and the remonstrance of the
ſº assembly of Virginia; which report was agreed to, and is in the words fol-
owing: -
“That having duly considered the several matters to them submitted, they conceive it
ºnnecessary to examine into the merits or policy of the instructions or declarations of
the general assembly of Maryland, or of the remonstrance of the general assembly of
Virginia, as they involve questions, a discussion of which was declined, on mature con-
sideration, when the Articles of Confederation were debated ; nor, in the opinion of
the committee, can such questions be now revived with any prospect of conciliation;
that it appears more advisable to press upon those States which can remove the em-
barrassments respecting the western country, a liberal surrender of a portion of their
territorial claims, since they cannot be preserved entire without endangering the sta-
bility of the general confederacy; to remind them how indispensably necessary it is
to establish the Federal Union on a fixed and permanent basis, and on principles ac-
ceptable to all its respective members; how essential to public credit and confidence,
to the support of our army, to the vigor of our councils, and success of our measures; to
our tranquillity at home, our reputation abroad, to our very existence as a free, sover-
eign, and independent people; that they are fully persuaded the wisdom of the re-
spective legislatures will lead them to a full and impartial consideration of a subject
so interesting to the United States, and so necessary to the happy establishment of the
Federal Union ; that they are confirmed in these expectations by a review of the be-
fore-mentioned act of the legislature of New York, submitted to their consideration;
that this act is expressly calculated to accelerate the Federal Alliance, by removing,
as far as depends on that State, the impediment arising from the western country, and
for that purpose to yield up a portion of territorial claim for the general benefit;
whereupon,
“Resolved, That copies of the several papers referred to the committee be transmitted,
with a copy of the report, to the legislatures of the several States, and that it be earn-
estly recommended to those States, who have claims to the western country, to pass such law8,
and give their delegates in Congress such powers as may effectually remove the only obstacle to
a final ratification of the Articles of Confederation ; and that the legislature of Mary-
. garnestly requested to authorize the delegates in Congress to subscribe the said
articles. -
TUESDAY, October 10, 1780.
“Resolved, That the unappropriated lands that may be ceded or relinquished to the
United States, by any particular State, pursuant to the recommendation of Congress
of the 6th day of September last, shall be disposed of for the common benefit of the
United States, and be settled and formed into distinct republican States, which shall
become members of the Federal Union, and have the same rights of sovereignty, free-
dom, and independence, as the other States: that each State which shall be so formed
shall contain a suitable extent of territory, not less than one hundred nor more than
one hundred and fifty miles square, or as near thereto as circumstances will admit :
that the necessary and reasonable expenses which any particular State shall have in-
curred since the commencement of the present war, in subduing any British posts, or
in maintaining forts or garrisons within and for the defence, or in acquiring any part
; ºterritory that may be ceded or relinquished to the United States, shall be reim-
UITS001, w - -
“That the said lands shall be granted or settled at such times, and under such regu-
lations, as shall hereafter be agreed on by the United States, in Congress assembled,
or any nine or more of them.”
CESSIONS OF LANDS BY STATEs. 65
CESSIONS BY STATES To THE NATIONAL GOVERNMENT.
It will be noted that during the whole time of the cessions of lands by the States to
the National Government the Mississippi River was the international boundary and
that it continued to be until after the French cession in 1803. The Mississippi was the
western boundary of all cessions or claims by States, except New York.
DATE OF CESSIONS BY STATES.
In compliance with the resolution of Congress of September 6, 1780, the following
States made cessions of territory to the United States, respectively :
The State of New York, on March 1, 1781. The State of Virginia, on March 1, 1784.
The State of Virginia, on December 30, 1788, (by this act Virginia changed the condi-
tions of the act of cession of 1784 only so far as to ratify the 5th article of the compact
or ordinance of 1787). The State of Massachusetts, on April 19, 1785. The State of
Connecticut on September 13, 1786, accepted September 14, 1786; jurisdictional cession
of the Western Reserve, May 30, 1800. The State of South Carolina, on August 9,
1787. The State of North Carolina, on February 25, 1790. The State of Georgia, on
April 24, 1802. - -
The deeds and acts of cessions by the several States to the National Government are
given in order.
CESSION BY THE STATE OF NEW YORK.
The first in the patriotic movement was New York. On the 1st of March, 1781, her
delegates in the Continental Congress, James Duane, William Floyd, and Alexander
McDougall, in a deed reciting the authority given them by act of the legislature, re-
stricted the jurisdiction and right of pre-emption to the present lines of the State,
and quitclaimed the residue, if any, of her territorial claims to the General Government
for the benefit of all the States that were at that time, or that should thereafter be-
come, parties to the Union then subsisting under the Articles of Confederation. The
original charter to the Duke of York covered only the lands between the Connecticut
River and the eastern shore of Delaware Bay. New Jersey, embracing that portion of
this grant subsequently transferred to Berkeley and Carteret, was separated from New
York by a line running from the forty-first parallel on the Hudson River to the par-
allel of 41° 40' on the Delaware River. The line between New York and Pennsylvania,
commencing at the last-named point, followed the Delaware to the forty-second par-
allel and continued along that parallel westward to its intersection with a meridian line
passing twenty miles west of the Niagara River, and northwardly along that meridian
to the international boundary.
It will be observed that New York and Virginia in the preliminary acts looking
toward their cessions to the General Government assumed to define their own bound-
aries when they cut off or transferred western lands or claims to them. In the case
of New York, Congress declined this proposed guarantee, and Virginia waived it.
Some contrºversies arose in other States as to boundaries between States hereinafter
mentioned. *
This New York cession was for title to lands held under treaties with the Six Na-
tions of Indians, and was for the entire country from the source of the Great Lakes
southward across the Ohio Valley (valley of the river Ohio) as far as the Cumberland
Mountains. It was not for grants under crown or under foreign charters, except for
the small parcel now in Pennsylvania known as the “Erie Purchase.”
In pursuance of the act of the legislature of the State of New York, read in Con-
gress the 7th March, 1780, entitled “An act to facilitate the completion of the Articles
of Confederation and Perpetual Union among the United States of America,” the del.
5 L O—WOL III
66 - CESSION BY NEW YORK.
egates for the State of New York executed in Congress the following act or declaration,
to wit:
DECLARATION OF NEW YORK,
To all people who shall see these presents, we, James Duane, William Floyd, and
Alexander M’Dougall, the underwritten delegates for the State of New York in the
honorable Congress of the United States of America, send greeting:
Whereas it is stipulated as one of the conditions of the cession of territory, made
for the benefit of the United States by the legislature of the State of Virginia, that
the United States should guaranty to that State the boundaries reserved by her legis-
lature for her future jurisdiction; and it would be unjust that the State of New York,
as a member of the Federal Union, should be compelled to guaranty the territories which
shall be reserved by other States making such cessions, when her own boundaries, as
they are to be limited and restricted by the act or instrument of cession now to be
executed, shall not be guaranteed in the same manner; wherefore, the said delegates
for the State of New York, being uninstructed on this subject by their constituents,
think it their duty to declare, and they do by this present instrument declare, that the
cession of territory and restriction of boundary of the said State of New York, now
to be made by them in behalf of the people of the said State, shall not be absolute;
but, on the contrary, shall be subject to ratification or disavowal by the people of the
Said State, represented in Senate and assembly, at their pleasure; unless the boundaries
reserved for the future jurisdiction of the said State, by the instrument of cession now
to be executed by us, shall be guaranteed by the United States, in the same manner
and form as the territorial rights of the other States shall be guaranteed, which have
made or may make cessions of part of their claims for the benefit of the United States;
the people of the State of New York, on their part, submitting that any part of their
limits, which are or may be claimed by any of the United States, shall be determined
and adjusted in the mode prescribed for that purpose by the Articles of Confederation.
In testimony whereof, we have hereunto set our hands and seals, in the presence of
Congress, this first day of March, in the year of our Lord one thousand seven hundred
and eighty-one, and of our Independence the fifth.
- JAMES DUANE. [L. S.]
WM. FLOYD. [L. S.]
- ALEXANDER M’DOUGALL. [L. S.]
Sealed and delivered in presence of
CHARLES THOMSON.
CHARLES MORSE.
EBENEZER SMITH.
The foregoing being executed, the delegates aforesaid, in virtue of the powers vested
in them by the act of their legislature before recited, proceeded and executed in due
form, in behalf of their State, the following instrument, viz:
I)eed of cession.
To all who shall see these presents, we, James Duane, William Floyd, and Alexander
M’Dougall, the underwritten delegates for the State of New York in the honorable
Congress of the United States of America, send greeting:
Whereas, by an act of the legislature of the said State of New York, passed at 3
session held at Albany, in the year of our Lord one thousand seven hundred and eighty,
entitled “An act to facilitate the completion of the Articles of Confederation and Per-
etual Union among the United States of America,” it is declared that the people of
the State of New York were, on all occasions, disposed to manifest their regard for their
sister States, and their earnest desire to promote the general interest and security, and
more especially to accelerate the j alliance, by removing, as far as it depended
upon them, the impediment to its final accomplishment, respecting the waste and un-
cultivated lands within the limits of certain States; and it is thereby enacted by the
people of the said State of New York, represented in senate and assembly, and by the
authority of the same, that it might and should be lawful to and for the delegates of
the said State in the honorable Congress, and they or the major part of them, so as-
sembled, are thereby fully authorized and empowered, for and on behalf of that State,
and by proper and authentic acts or instruments, to limit and restrict the boundaries
of the said State in such manner and form as they shall judge to be expedient, either
with respect to the jurisdiction, as well as the right or pre-emption of soil, or reserv-
ing the jurisdiction in part or in the whole, over the lands which may be ceded or re-
linquished with respect only to the right of pre-emption of the soil; and by the said
act it is farther enacted, that the territory which may be ceded or relinquished by
virtue thereof, either with respect to the jurisdiction, as well as the right or pre-emption
of soil, or the right or pre-emption of soil only, shall be and inure for the use and benefit
of Such of the United States as shall become members of the federal alliance of the
said States, and for no other use or purpose whatsoever; and by the said act it is pro-
CESSION BY WIRGINIA. - 67
vided and enacted that the trust reposed by virtue thereof, shall not be executed by
the delegates of the said State, unless at least three of the said delegates shall be present
in Congress: and whereas, by letters-patent under the great seal of the said State of
New York, bearing date the 29th day of October last past, reciting that the senate and
assembly had, on the 12th day of September then last past, nominated and appointed
us, the said James Duane, William Floyd, and Alexander M’Dougall, together with
John Morin Scott and Ezra L'Hommedieu, delegates to represent the said State in the
Congress of the United States of North America, therefore, in pursuance of the said
nomination and appointment, the people of the said State of New York did thereby
Commission us, the said James Duane, William Floyd, and Alexander M’Dougall, and
the said John Morin Scott and Ezra L’Hommedieu, or any majority who should, from
time to time, attend the said Congress; and if only one of the said delegates should at
any time be present in the said Congress, he should, in such case, be authorized to rep-
resent the said State in the said Congress, as by an authentic copy of the said act, and
an exemplification of the said commission, remaining among the archives of Congress,
fully appears: .
Now, therefore, know ye, that we, the said James Duane, William Floyd, and Alex-
ander M’Dougall, by virtue of the power and authority, and in the execution of the
trust reposed in us, as aforesaid, have judged it expedient to limit and restrict, and we
do, by these presents, for and in behalf of the said State of New York, limit and restrict
the boundaries of the said State in the western parts thereof, with respect to the juris-
diction, as well as the right or pre-emption of soil, by the lines and in the form fol-
lowing, that is to say: a line from the northeast corner of the State of Pennsylvania,
along the north bounds thereof to its northwest corner, continued due west until it
shall be intersected by a meridian line, to be drawn from the forty-fifth degree of north
latitude, through the most westerly bent or inclination of Lake Ontario; thence by
the said meridian line to the forty-fifth degree of north latitude; and thence by the
Said forty-fifth degree of north latitude; but if, on experiment, the above-described
meridian line shall not comprehend twenty miles due west from the most westerly
bent or inclination of the river or strait of Niagara, then we do, by these presents, in
the name of the people, and for and on behalf of the State of New York, and by virtue
of the authority aforesaid, limit and restrict the boundaries of the said State in the
western parts thereof, with respect to jurisdiction, as well as the right of pre-emption
of soil, by the lines and in the manner following, that is to say: a line from the north-
east corner of the State of Pennsylvania, along the north bounds thereof, to its north-
west corner, continued due west until it shall be intersected by a meridian line, to be
drawn from the forty-fifth degree of north latitude, through a point twenty miles due
west from the most westerly bent or inclination of the river or strait Niagara ; thence
by the said meridian line to the forty-fifth degree of north latitude, and thence by the
said forty-fifth degree of north latitude: And we do, by these presents, in the name of
the people, and for and on behalf of the State of New York, and by virtue of the power
and trust committed to us by the said act and commission, cede, transfer, and forever
relinquish to, and for the only use and benefit of stich of the States as are or shall be-
come parties to the Articles of Confederation, all the right, title, interest, jurisdiction,
and claim, of the said State of New York, to all lands and territories to the northward
and westward of the boundaries, to which the said State is in manner aforesaid limited
and restricted, and to be granted, disposed of, and appropriated in such manner only
as the Congress of the said United or Confederated States shall order and direct.
In testimony whereof, we have hereunto subscribed our names, and affixed our
seals, in Congress, the first day of March, in the year of our Lord one thousand seven
hundred and eighty-one, and of our Independence the fifth. -
JAMES DUANE. [L. S.]
WM. FLOYD. [L. S.]
ALEXR. M’DOUGALL. [L. S.]
Sealed and delivered in presence of
CHARLES THOMSON.
CHARLES MORSE.
EBENEZER SMITH.
October 29, 1782, Congress on behalf of the United States accepted this cession, and
it was further confirmed or renewed by an act of the State of New York, April 19, 1785.
CESSION FROM THE STATE OF VIRGINIA,
The next State to make a cession was the State of Virginia. The State of Virginia,
by act of her legislature or general assembly, January 2, 1781, submitted a proposi-
tion for the cession of her western lands which the Congress of the Corfederation, by
act of September 13, 1783, agreed to receive and accept, and the State by law of Octo-
ber20, 1783, authorized her delegates in the Congress to consummate the transfer by deed.
68 CESSION BY WIRGINIA.
Virginia still claimed under her charter the residue of territory originally granted
to the first colony of Virginia, after deducting the lands covered by the charters of Del-
aware, New Jersey, Maryland, Pennsylvania, and North Carolina, westward to the
Mississippi River. This embraced, in addition to the present States of Virginia and
West Virginia, Kentucky, all of Ohio, Indiana, and Illinois, Wisconsin, Michigan, and
Minnesota east of the Mississippi River, being northward to the line of the British Pos-
sessions, as defined by treaty of 1783. She set up an additional claim to the territory
northwest of the Ohio River as far north as Lakes Erie and Michigan, founded upon
the successful expedition of a detachment of her State troops, under General George
R. Clarke, by which the British power was practically subverted. Her claims included
the claims of Connecticut, under ancient charter boundary, to western lands, and the
claim of Massachusetts to western extension of her charter limits. She ceded all her
territorial claims northwest of the Ohio with certain restrictions, and afterward con-
sented to the erection of Kentucky as an independent State out of her territory south
of the Ohio River. -
*
Deed of Ce38ion.
March 1, 1784, Virginia, through her delegates in the Continental Congress, Thomas
Jefferson, Samuel Hardy, Arthur Lee, and James Monroe, completed the act of cession,
the following proceedings being had in Congress :
On motion of Mr. Howell, of Rhode Island, the following resolution was adopted:
Whereas, the general assembly of Virginia, at their session, commencing on the
20th day of October, 1783, passed an act to authorize their delegates in Congress, to
convey to the United Statesin Congress assembled, all the right of that Commonwealth to
the territory northwestward of the river Ohio; and whereas the delegates of the said
Commonwealth have presented to Congress the form of a deed proposed to be executed
pursuant to the said act, in the words following:
“To all who shall see these presents, we, Thomas Jefferson, Samuel Hardy, Arthur
Lee, and James Monroe, the underwritten delegates for the Commonwealth of Virginia,
in the Congress of the United States of America, send greeting:
“Whereas the general assembly of the Commonwealth of Virginia, at their sessions
begun on the 20th day of October, 1783, passed an act entitled “An act to authorize the
delegates of this State in Congress, to convey to the United States in Congress assem-
bled, all the right of this Commonwealth to the territory northwestward of the river
Ohio,” in these words following, to wit: -
“Whereas the Congress of the United States did, by their act of the sixth day of Sep-
ember, in the year one thousand seven hundred and eighty, recommend to the several
States in the Union, having claims to waste and unappropriated lands in the western
country, a liberal cession to the United States, of a portion of their respective claims,
for the common benefit of the Union: and whereas this Commonwealth did, on the
second day of January, in the year one thousand seven hundred and eighty-one, yield
to the Congress of the United States, for the benefit of the said States, all right, title,
and claim, which the said Commonwealth had to the territory northwest of the river
Ohio, subject to the conditions annexed to the said act of cession.
“. And whereas the United States in Congress assembled have, by their act of the 13th
of September last, stipulated the terms on which they agree to accept the cession of
this State, should the legislature approve thereof, which terms, although they do not
come fully up to the propositions of this Commonwealth, are conceived, on the whole,
to approach so nearly to them, as to induce this State to accept thereof, in full confi-
dence, that Congress will, in justice to this State, for the liberal cession she has made,
earnestly press upon the other States claiming large tracts of waste and uncultivated
territory, the propriety of making cessions equally liberal, for the common benefit and
support of the Union : -
“Be it enacted by the general assembly, That it shall and may be lawful for the delegates
of this State to the Congress of the United States, or such of them as shall be assembled
in Congress, and the said delegates, or such of them so assembled, are hereby fully
authorized and empowered, for and on behalf of this State, by proper deeds or instru-
ment in writing, under their hands and seals, to convey, transfer, assign, and make
over, unto the United States in Congress assembled, for the benefit of the said States,
all right, title, and claim, as well of soil as jurisdiction, which this Commonwealth
hath to the territory or tract of country within the limits of the Virginia charter, sit-
uate, lying, and being, to the northwest of the river Ohio, subject to the terms and
conditions contained in the before-recited act of Congress of the thirteenth day of Sep-
tember last; that is to say, upon condition that the territory so ceded shall be laid out
CESSION BY WIRGINIA. 69
gº
and formed into States, containing a suitable extent of territory, not less than one
hundred, nor more than one hundred and fifty miles square, or as near thereto as cir-
cumstances will admit : and that the States so formed shall be distinct republican
States, and admitted members of the Federal Union; having the same rights of sov-
ereignty, freedom, and independence, as the other States.
“That the necessary and reasonable expenses incurred by this State, in subduing any
British posts, or in maintaining forts and garrisons within, and for the defence, or in
acquiring any part of, the territory so ceded or relinquished, shall be fully reimbursed
by the United States; and that one commissioner shall be appointed by Congress, one
by this Commonwealth, and another by those two commissioners, who, or a majority
of them, shall be authorized and empowered to adjust and liquidate the account of
the necessary and reasonable expenses incurred by this State, which they shall judge
to be comprised within the intent and meaning of the act Congress, of the tenth of
October, one thousand seven hundred and eighty, respecting such expenses. That the
French and Canadian inhabitants, and other settlers of the Kaskaskies, St. Vincents,
and the neighboring villages, who have professed themselves citizens of Virginia, shall
have their possessions and titles confirmed to them, and be protected in the enjoyment
of their rights and liberties. That a quantity not exceeding one hundred and fifty thou-
Sand acres of land, promised by this State, shall be allowed and granted to the then
colonel, now General George Rogers Clarke, and to the officers and soldiers of his regi-
ment, who marched with him when the post of Kaskaskies and St. Vincents were
reduced, and to the officers and soldiers that have been since incorporated into the
said regiment, to be laid off in one tract, the length of which not to exceed double
the breadth, in such place, on the northwest side of the Ohio, as a majority of the offi-
cers shall choose, and to be afterwards divided among the said officers and soldiers in
due proportion, according to the laws of Virginia. That in case the quantity of good
land on the southeast side of the Ohio, upon the waters of Cumberland River, and
between the Green River and Tennessee River, which have been reserved by law for the
Virginia troops, upon continental establishment, should, from the North Carolina line
bearing in further upon the Cumberland lands than was expected, prove insufficient
for their legal bounties, the deficiency should be made up to the said troops, in good
lands, to be laid off between the rivers Scioto and Little Miami, on the northwest
side of the river Ohio, in such proportions as have been engaged to them by the laws
of Virginia. That all the lands within the territory so ceded to the United States,
and not reserved for, or appropriated to, any of the before-mentioned purposes, or dis-
posed of in bounties to the officers and soldiers of the American army, shall be consid-
ered as a common fund for the use and benefit of such of the United States as have
become, or shall become, members of the Confederation or federal alliance of the said
States, Virginia inclusive, according to their usual respective proportions in the gem-
eral charge and expenditure, and shall be faithfully and bona fide disposed of for that
purpose, and for no other use or purpose whatsoever. Provided, That the trust hereby
reposed in the delegates of this State, shall not be executed unless three of them at
least are present in Congress.
“And whereas the said general assembly, by their resolution of June sixth, one
thousand seven hundred and eighty-three, had constituted and appointed us, the said
Thomas Jefferson, Samuel Hardy, Arthur Lee, and James Monroe, delegates to repre-
sent the said Commonwealth in Congress for one year, from the first Monday in No-
vember then next following, which resolution remains in full force:
“Now, therefore, know ye, that we, the said Thomas Jefferson, Samuel Hardy, Arthur
Lee, and James Monroe, by virtue of the power and authority committed to us by the
act of the said general assembly of Virginia, before recited, and in the name, and for
and on behalf of the said Commonwealth, do, by these presents, convey, transfer,
assign, and make over, unto the United States, in Congress assembled, for the benefit
of the said States, Virginia inclusive, all right, title and claim, as well of soil as juris-
diction, which the said Commonwealth hath to the territory or tract of country within
the limits of the Virginia charter, situate, lying, and being, to the northwest of the
river Ohio, to and for the uses and purposes and on the conditions of the said recited
act. In testimony whereof, we have hereunto subscribed our names and affixed our
Seals, in Congress, the first day of March, in the year of our Lord one thousand seven
hundred and eighty-four, and of the Independence of the United States the eighth.”
Resolved, That the United States in Congress assembled are ready to receive this
deed, whenever the delegates of the State of Virginia are ready to execute the same.
The delegates of Virginia then proceeded and signed, sealed, and delivered the said
deed; whereupon Congress came to the following resolution :
Resolved, That the same be recorded and enrolled among the acts of the United
States, in Congress assembled.
July 7, 1786, Congress asked of Virginia alterations of the conditions of the above
70 CESSION BY WIRGINIA.
act of cession on account of difficulty in forming the lands into States with boundaries
as contemplated by the deed of cession.
Resolved, That it be, and it hereby is, recommended to the legislature of Virginia
to take into consideration their act of cession, and revise the same so far as to em-
power the United States in Congress assembled to make such a division of the terri-
tory of the United States lying northerly and westerly of the river Ohio, into distinct
republican States, not more than five, nor less than three, as the situation of that
country and future circumstances may require; which States shall hereafter become
members of the Federal Union, and have the same rights of sovereignty, freedom, and
iudependence, as the original States, in conformity with the resolution of Congress of
the 10th of October, 1780. g
July 13, 1787, Congress passed the ordinance for the government of the territory
northwest of the river Ohio, which embraced the above proposition as to the number
of States in the Virginia cession.
December 30, 1788, the State of Virginia passed the following:
[Act of Virginia of 30th December, 1788.]
Whereas the United States, in Congress assembled, did, on the seventh day of July, in
the year of our Lord one thousand seven hundred and eighty-six, state certain reasons,
shewing that a division of the territory which hath been ceded to the said United
States, by this Commonwealth, into States, in conformity to the terms of cession, .
should the same be adhered to, would be attended with many inconveniences, and did
recommend a revision of the act of cession, so far as to empower Congress to make
such a division of the said territory into distinct and republican States, not more than
five nor less than three in number, as the situation of that country and future circum-
stances might require. And the said United States, in Congress assembled, have, in
an ordinance for the government of the territory northwest of the river Ohio, passed
on the thirteenth of July, one thousand seven hundred and eighty-seven, declared the
following as one of the articles of compact between the original States and the peo-
ple and States in the said territory, viz:
“ARTICLE 5. There shall be formed in the said territory not less than three, normore
than five States; and the boundaries of the States, as soon as Virginia shall alter her
act of cession and consent to the same, shall become fixed and established.as follows,
to wit: The western State in the said territory shall be bounded by the Mississippi,
the Ohio, and Wabash Rivers; a direct line drawn from the Wabash and Post Vincent's,
due north to the territorial line between the United States and Canada, and by the
said territorial line to the Lake of the Woods and Mississippi. The middle State
shall be bounded by the said direct line, the Wabash from Post Vincent's to the Ohio;
by the Ohio, by a direct line drawn due north from the mouth of the Great Miami to
the said territorial line, and by the said territorial line. The eastern State shall be
bounded by the last-mentioned direct line, the Ohio, Pennsylvania and the said terri-
torial line: Provided, however, and it is further understood and declared, that the bound-
aries of these three States shall be subject sofar to be altered, that, if Congress shall here-
after find it expedient, they shall have authoity to form one or two States in that part of
the said territory which lies north of an east and west line drawn through the southerly
bend or extreme of Lake Michigan. And whenever any of the said States shall have
sixty thousand free inhabitants therein, such State shall be admitted by its delegates
into the Congress of the United States, on an equal footing with the original States,
in all respects whatever; and shall be at liberty to form a permanent constitution and
State government : Provided, the constitution and government so to be formed shall be
republican, and in conformity to the principles contained in these articles; and so far
as it can be consistent with the general interest of the Confederacy, such admission
shall be allowed at an earlier period, and when there may be a less number of free in.
habitants in the State than sixty thousand.”
And it is expedient that this Commonwealth do assent to the proposed alteration, so
as to ratify and confirm the said article of compact between the original States and
the people and States in the said territory: -
2. Be it therefore enacted by the general assembly, That the afore-recited article of com-
pact between the original States and the people and States in the territory northwest
of Ohio River be, and the same is hereby, ratified and confirmed, anything to the con-
trary in the deed of cession of the said territory by this Commonwealth to the United
States notwithstanding.
CESSION BY THE STATE OF MASSACHUSETTS.
November 13, 1784, the general court of Massachusetts authorized all her delegates
in Congress to make a cession of her claim to western lands to the United States, and
CESSION BY MASSACHUSETTS. 71
*
an additional act was passed March 17, 1785, to permit any two delegates in Congress
to make the transfer. #
April 19, 1785, the Congress agreed to receive and accept the cession. Massachusetts
by her deed surrendered claim to the territory claimed to be within the limits of the
Massachusetts charter, west of a meridian passing twenty miles west of the Niagara
River, the present west boundary of the State of New York, and embraced the land
from the State of Pennsylvania, near the parallel 42° 2' north latitude, and running
along it westward to the Mississippi River. Her claim was a strip of land seventy OT
eighty miles in width lying west of the State of New York and from thence to the
Mississippi River; its southern boundary being the latitude of the western extremity
of the present State of Massachusetts, and its northern boundary the latitude of a
league north of the inflow of Lake Winnipiseogee, in the State of New Hampshire,
viz, 43° 43' 12" north latitude, and claim to the “Erie Purchase.”
The lands ciaimed now form the southern portion of the State of Wisconsin, the
extreme north of the State of Illinois, and the southern part of the State of Michigan.
Also, a small portion on Lake Erie, just west of New York, being a triangular piece of
land, also claimed by the State of New York, containing 315.91 square miles, which
was sold by the United States to the State of Pennsylvania March 3, 1792, for $151,-
G40.25, or seventy-five cents per acre. These lands are now in the county of Erie,
State of Pennsylvania, and patent was issued therefor by the President. It is known
as the “Erie Purchase,” and contained 202,187 acres.
Deed of cession.
To all who shall see these presents, we, Samuel Holten and Rufus King, the under-
written delegates for the Commonwealth of Massachusetts in the Congress of the
United States of America, send greeting:
Whereas the general court of Massachusetts, on the thirteenth day of November, in
the year of our Lord one thousand seven hundred and eighty-four, passed an act, en-
titled “An act empowering the delegates of this Commonwealth in the United States
in Congress assembled to relinquish to the United States certain lands, the property
of bis Commonwealth,” in the words following: “Whereas several of the States in
the U uion have at present no interest in the great and extensive tract of uncultivated
count, y, lying in the westerly part of the United States; and it may be reasonable
that the States above mentioned should be interested in the aforesaid country: Be it
enacted by the Senate and house of representatives in general court assembled, and
by the authority of the same, That the delegates of this Commonwealth in the United
States is Congress assembled, or any three of the said delegates, be, and they hereby
are, authorized and empowered, for and in behalf of this Commonwealth, to cede or
relinquish, by authentic conveyance or conveyances, to the United States, to be dis-
posed of for the common benefit of the same, agreeably to a resolve of Congress of
October the tenth, one thousand seven hundred and eighty, such part of that tract of
land, belonging to this Commonwealth, which lies between the river Hudson and Mis-
sissippi, as they may think proper, and to make the said cession in such manner, and
on such conditions as shall appear to them to be most suitable.” And whereas the
said general court, on the seventeenth day of March, in the year of our Lord one thou-
sand seven hundred and eighty-five, passed one other act, entitled “An act in addition
to an act entitled an act empowering the delegates of this Commonwealth in the United
States in Congress assembled, to relinquish to the United States certain lands, the
property of this Commonwealth,” in the words following: “Whereas by the act afore-
said, three delegates representing this State in Congress are necessary to make the
cession aforesaid, and it may be necessary that the said business should be performed
by a less number of the said delegates, Be it therefore enacted by the senate and house
of representatives in general court assembled, and by the authority of the same, That
any two delegates representing this Commonwealth in Congress be, and hereby are,
authorized and empowered to do and perform all matters and things which by the act
aforesaid might be done and performed by any three delegates as aforesaid, any thing
in the aforesaid act notwithstanding.” And whereas the said general court, on the
seventeenth day of June, in the aforesaid year of our Lord one thousand seven hun-
dred and eighty-four, did nominate and appoint the aforesaid Samuel Holten, and on
the third day of November following the aforesaid Rufus King, delegates to represent
the said Commmonwealth of Massachusetts in the Congress of the United States of
America for one year from the first Monday of November, in the said year one thousand
seven hundred and eighty-four, which appointment remains in full force: Now, there-
fore, know ye that we, the said Samuel Holten and Rufus King, by virtue of the power
72 CESSION BY CONNECTICUT.
and authority to us committed by the said acts of the general court of Massachu-
setts before recited, in the name, and for and on behalf of the said Commonwealth of
Massachusetts, do, by these presents, assign, transfer, quit claim, cede, and convey, to
the United States of America, for their benefit, Massachusetts inclusive, all right,
title, and estate of and in, as well the soil as the jurisdiction, which the said Com-
monwealth hath to the territory or tract of country within the limits of the Massa-
chusetts charter situate and lying west of the following line, that is to say, a meridian
line to be drawn from the forty-fifth degree of north latitude through the westerly
bent or inclination of Lake Ontario, thence by the said mieridian line to the most
southerly side line of the territory contained in the Massachusetts charter; but if on
experiment the above-described meridian line shall not comprehend twenty miles due
west from the most westerly bent or inclination of the river or strait of Niagara,
then we do by these presents, by virtue of the power and authority aforesaid, in the
name and on behalf of the said Commonwealth of Massachusetts, transfer, quit
claim, cede, and convey to the United States of America, for their benefit, Massachu-
setts inclusive, all right, title, and estate, of and in as well the soil as the jurisdic-
tion, which the said Commonwealth hath to the territory or tract of country within
the limits of the Massachusetts charter, situate and lying west of the following line,
that is to say, a meridian line to be drawn from the forty-fifth degree of north lati-
tude through a point twenty miles due west from the most westerly bent or inclina-
tion of the river or strait of Niagara ; thence by the said meridian line to the most
southerly side line of the territory contained in the Massachusetts charter aforesaid,
for the purposes in the said recited acts declared, and to the uses in a resolve of Con-
gress, of the tenth day of October, one thousand seven hundred and eighty, mentioned.
In testimony whereof we have hereunto subscribed our names, and affixed our seals
in Congress, this nineteenth day of April, in the year of our Lord one thousand seven
hundred and eighty-five, and of the Independence of the United States of America the
ninth.
S. HOLTEN.
RUFUS KING,
Signed, sealed, and delivered in the presence of -
BENJAMIN BANKSON, JUN.,
JOHN FISHER,
FOBERT PATTON.
The delegates for Massachusetts having executed the above deed of cession, Con-
gress, April 19, 1785, passed the following:
Besolved, That Congress accept said deed of cession ; and that the same be recorded
and enrolled among the acts of the United States in Congress assembled.
CESSION FROM THE STATE OF CONNECTICUT.
October 10, 1780, Connecticut tendered cession of her claims to western lands to the
United States with certain restrictions as to jurisdiction and other subjects, which was
refused on account of unsatisfactory conditions.
On the second Thursday of May, 1786, the legislature of the State authorized her
delegates in Congress to make a cession of her western lands with certain conditions.
May 26, 1786, the Congress resolved to accept the proposed cession when duly made.
Colnecticut's cession of September 13, 1786, yielded to the United States both soil
and jurisdiction over her claims west of a meridian passing one hundred and twenty
miles west of the west boundary of Pennsylvania, and extending westward to the
Mississippi River, being a strip of land having the parallel 419 north latitude for
its southern boundary and the parallel 42° 2' north latitude for its northern boundary,
and now forming a portion of the northern part of the States of Illinois, Indiana, and
Ohio to the meridian one hundred and twenty miles west of Pennsylvania and the
Southern portion of the State of Michigan.
Deed of cession.
To all who shall see these presents, we, William Samuel Johnson and Jonathan
Sturges, the underwritten delegates for the State of Connecticut in the Congress of
the United States, send greeting:
Whereas the general assembly of the State of Connecticut, on the second Thursday
of May, in the year of our Lord one thousand seven hundred and eighty-six, passed
an act in the following words, viz.: “Be it enacted by the governor, council, and rep-
CESSION BY CONNECTICUT. 73
resentatives, in general court assembled, and by the authority of the same, That the
delegates of this State, or any two of them, who shall be attending the Congress of
the United States, be and they are hereby directed, authorized, and fully empowered,
in the name and behalf of this State, to make, execute, and deliver, under their
hands and seals, an ample deed of release and cession of all the right, title, interest,
jurisdiction, and claim, of the State of Connecticut, to certain western lands, begin-
ning at the completion of the forty-first degree of north latitude, one hundred and
twenty miles west of the western boundary line of the Commonwealth of Pennsylva-
nia, as now claimed by said Commonwealth, and from thence by a line drawn north,
parallel to, and one hundred and twenty miles west of the said west line of Pennsyl-
vania, and to continue north until it comes to forty-two degrees and two minutes
north latitude. Whereby all the right, title, interest, jurisdiction, and claim, of the
State of Connecticut, to the lands lying west of said line to be drawn as aforementioned,
one hundred and twenty miles west of the western boundary line of the Common-
wealth of Pennsylvania, as now claimed by said Commonwealth, shall be included,
released, and ceded to the United States in Congress assembled, for the common use
and benefit of the said States, Connecticut inclusive.” Now, therefore, know ye, that
we, the said William Samuel Johnson and Jonathan Sturges, by virtue of the power
and authority to us committed by the said act of the general assembly of Connecticut,
before recited, in the name and for and on behalf of the said State of Connecticut, do,
by these presents, assign, transfer, quit claim, cede, and convey to the United States
of America, for their benefit, Connecticut inclusive, all the right, title, interest, juris-
diction, and claim, which the said State of Connecticut hath in and to the beforemen-
tioned and described territory or tract of country, as the same is bounded and de-
. in the said act of assembly, for the uses in the said recited act of assembly
declared. *
In witness whereof, we have hereunto set our hands and seals, this thirteenth day
of September, in the year of our Lord one thousand seven hundred and eighty-six,
and of the sovereignty and Independence of the United States of America the eleventh.
WILL. SAM. JOHNSON. [L. s.]
JONATHAN STURGES. [L. s.]
Signed, sealed, and delivered, in presence of f
CHA. THOMSON.
ROGER ALDEN.
JAS, MATHERS.
The delegates from Connecticut having executed the above deed, Congress, Septem-
ber 14, 1786, passed the following: -
Resolved, That Congress accept the said deed of cession; and that the same be re-
corded and enrolled among the acts of the United States in Congress assembled.
CEssIon of THE westERN RESERVE OF CONNECTICUT.
Connecticut reserved by the above deed both soil and jurisdiction over a tract of
her western lands lying between the western boundary of the State of Pennsylvania.
and the then eastern boundary of her cession, being a point one hundred and twenty
miles west of Pennsylvania's western boundary, comprising a strip between the above
boundaries one hundred and twenty miles long and irregular in width, lying between
the parallels 41° and 42°2' north, being the northeastern portion of the present State
of Ohio, and known as the “Western Reserve” of Connecticut in Ohio, which, with
the “Fire lands,” contained about 3,800,000 acres.
In October, 1797, Connecticut, by act of her legislature, tendered to the United States
a release of jurisdiction over this tract known as the “Western Reserve,” being the
tract reserved in the deed to the United States of September 13, 1786, the State to
retain the right of soil. - -
April 28, 1800, the Congress of the United States passed an act authorizing the Presi-
dent to accept the cession of jurisdiction by Connecticut for the “Western Reserve,”
as follows:
AN ACT to authorize the President of the United States to accept, for the United States, a cession of
jurisdiction of the territory west of Pennsylvania, commonly called the Western Reserve of Con-
necticut.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That the President of the United States be, and he hereby is,
authorized to execute and deliver letters-patent, in the name and behalf of the United
States, to the governor of the State of Connecticut for the time being, for the use and
74 - CESSION BY CONNECTICUT.
benefit of the persons holding and claiming under the State of Connecticut, their heirs
and assigns forever, whereby all the right, title, interest, and estate of the United
States to the soil of that tract of land lying west of the west line of Pennsylvania, as
claimed by the State of Pennsylvania, and as the same has been actually settled,
ascertained, and run, in conformity to an agreement between the said State of Penn-
sylvania and the State of Virginia, and extending from said line westward one hundred
and twenty statute miles in length, and in breadth throughout the said limits in length
from the completion of the forty-first degree of north latitude, until it comes to forty-
two degrees and two minutes north latitude, including all that territory commonly
called the Western Reserve of Connecticut, and which was excepted by said State of
Connecticut out of the cession by the said State heretofore made to the United States,
and accepted by a resolution of Congress of the fourteenth of September, one thou-
sand seven hundred and eighty-six, shall be released and conveyed, as aforesaid, to
the said governor of Connecticut, and his successors in said office, forever, for the pur-
#. of quieting the grantees and purchasers under said State of Connecticut, and con-
ming their titles to the soil of the said tract of land.
Provided, however, That such letters-patent shall not be executed and delivered, unless
the State of Connecticut shall, within eight months from passing this act, by a legis-
lative act, renounce, forever, for the use and benefit of the United States, and of the
several individual States who may be therein concerned, respectively, and of all those
deriving claims or titles from them, or any of them, all territorial and jurisdictional
claims whatever, under any grant, charter or charters whatever, to the soil and juris-
diction of any and all lands whatever lying westward, northwestward, and south-
westward of those counties in the State of Connecticut, which are bounded westwardly
by the eastern line of the State of New York, as ascertained by agreement between
Connecticut and New York, in the year one thousand seven hundred and thirty-three,
excepting only from such renunciation the claim of said State of Connecticut, and of
those claiming from or under the said State, to the soil of said tract of land herein
described under the name of the Western Reserve of Connecticut.
And provided also, That the said State of Connecticut shall, within the said eight
months from and after passing this act, by the agent or agents of said State, duly
authorized by the legislature thereof, execute and deliver to the acceptance of the
President of the United States, a deed expressly releasing to the United States the
jurisdictional claim of the said State of Connecticut, to the said tract of land herein
described under the name of the Western Reserve of Connecticut, and shall deposit an
exemplification of said act of renunciation, under the seal of the said State of Connec-
ticut, together with said deed releasing said jurisdiction, in the office of the Depart-
ment of State of the United States; which deed of cession, when so deposited, shall
vest the jurisdiction of said territory in the United States: Provided, That neither
this act, nor anything contained therein, shall be construed so as in any mauner to
draw into question the conclusive settlement of the dispute between Pennsylvania and
Connecticut, by the decree of the Federal court at Trenton, nor to impair the right of
Pennsylvania or any other State, or of any person or persons claiming under that or
any other State, in any existing dispute concerning the right, either of soil or of juris-
diction, with the State of Connecticut, or with any person or persons claiming under
the State of Connecticut: And provided also, That nothing herein contained shall be
construed in any manner to pledge the United States for the extinguishment of the
Indian title to the said lands, or further than merely to pass the title of the United
States thereto.
May, 1800, second Thursday, Connecticut passed an act of renunciation of jurisdic-
tional claim over and to the Western Reserve of Connecticut in Ohio in compliance
with the act of Congress of April 28, 1800.
May 30, 1800, Jonathan Trumbull, governor of Connecticut, by deed and act com-
pleted title to the jurisdiction of the United States over the Western Reserve.
Deed and act of Connecticut.
To all who shall see these presents, I, Jonathan Trumbull, governor of the State of
Connecticut, send greeting:
Whereas the general assembly of the State of Connecticut, at their session holden in
Hartford on the second Thursday of May, one thousand and eight hundred, passed an
act entitled “An act renouncing the claims of this State to certain lands therein men-
tioned,” in the words following, to wit: “Whereas the Congress of the United States,
at their session begun and holden in the city of Philadelphia, on the first Monday of
December, in the year one thousand seven hundred and ninety-nine, made and passed
an act in the words following, to wit: [here follows the act of Congress of the 28th of
April, 1800:] therefore, in consideration of the terms, and in compliance with the pro-
visions and conditions of the said act, Be it enacted by the governor and council, and
CESSION BY SOUTH CAROLINA. 75
house of representatives, in general court assembled, that the State of Connecticut
doth hereby renounce forever for the use and benefit of the United States, and of the
several individual States, who may be therein concerned respectively, and of all those
deriving claims or titles from them, or any of them, all territorial and jurisdictional
claims whatever, under any grant, charter, or charters whatever, to the soil and juris-
diction of any and all lands whatever, lying westward, northwestward, and South-
westward, of those counties in the State of Connecticut, which are bounded Westwardly
by the eastern line of the State of New York, as ascertained by agreement between
Connecticut and New York, in the year one thousand seven hundred and thirty-three;
excepting only from this renunciation, the claim of the said State of Connecticut, and
of those claiming from or under the said State of Connecticut, to the soil of Said tract
of land, in said act of Congress described under the name of the Western Reserve of
Connecticut. And be it further enacted, That the governor of this State for the time
being, be, and hereby is, empowered, in the name and behalf of this State, to execute
and deliver to the acceptance of the President of the United States, a deed of the form
and tenor directed by the said act of Congress, expressly releasing to the United States
the jurisdictional claims of the State of Connecticut, to all that territory called the
Western Reserve of Connecticut, according to the description thereof in said act of
Congress, and in as full and ample manner as therein is required.
Therefore, know ye, that I, Jonathan Trumbull, governor of the State of Connecticut,
by virtue of the powers vested in me, as aforesaid, do, by these presents, in the name
and for and on behalf of the said State, remise, release, and forever quit claim, to the
United States, the jurisdictional claim of the State of Connecticut, to all that tract of
land called in the aforesaid act of Congress, the Western Reserve of Connecticut, and
as the same therein under that name is particularly and fully described.
In witness whereof, I have hereunto subscribed my name, and affixed my seal, in the
council chamber at Hartford, in the State of Connecticut, this thirtieth day of May, in
the year of our Lord one thousand eight hundred, and in the twenty-fourth year of
the Independence of the United States. n
- JONATHAN TRUMBULL. [L. s.]
The act of April 28, 1800, was, in effect, an act to quiet title, and gave grantees and
holders from Connecticut the warrant of a United States patent.
CESSION FROM THE STATE OF SOUTH CAROLINA.
March 8, 1787, the general assembly of the State of South Carolina authorized her
delegates in Congress to convey to the United States all western territory held and
claimed by her.
August 9, 1787, the Congress passed a resolution of acceptance of the cession, as fol-
lows: - -
Resolved, That Congress are ready to accept the cession of the claim of the State of
South Carolina, to the tract of country described in the act of said State, whenever the
delegates will execute a deed, conformable to said act.
The lands ceded by South Carolina and claimed under her charter and known as
her western territory were embraced in an oblong strip from twelve to fourteen miles
wide, extending from her northwestern boundary as it now is along and south of the
thirty-fifth degree of north latitude, to the Mississippi River, and now lie in and form
the extreme northern portion of the States of Georgia, Alabama, and Mississippi.
By virtue of the powers in them wested the delegates of the State of South Carolina,
for and in behalf of the said State, executed the following deed of cession to the
|United States of America: -
Deed of cession.
To all who shall see these presents, we, John Kean and Daniel Huger, the under-
written delegates for the State of South Carolina, in the Congress of the United States,
send greeting :
Whereas the general assembly of the State of South Carolina, on the eighth day of
March, in the year of our Lord one thousand seven hundred and eighty-seven, passed
an act in the words following, viz.: “An act to authorize the delegates of this State
in Congress to convey to the United States in Congress assembled, all the right of this
State to the territory herein described: Whereas the Congress of the United States did, on
the sixth day of September, in the year one thousand seven hundred and eighty, recom-
mend to the several States in the Union having claims to western territory to make a
liberal cession to the United States of a portion of their respective claims for the com-
mon benefit of the Union; and whereas this State is willing to adopt every measure
76 CESSION BY NORTH CAROLINA.
which can tend to promote the honor and dignity of the United States, and strengthen
their Federal Union: Be it therefore enacted by the honorable the Senate and house of
representatives in general assembly met and sitting and by the authority of the same,
That it shall and may be lawful for the delegates of this State to the Congress of the United
States, or such of them as shall be assenībled in Congress, and they are hereby fully
authorized and empowered for and on behalf of this State, by proper deeds or instru-
ments in Writing, under their hands and seals, to convey, transfer, assign, and make
over unto the United States in Congress assembled, for the benefit of the said States, all
right, title, and claim, as well of soil as jurisdiction, which this State hath to the terri-
tory or tract of country within the limits of the charter of South Carolina, situate, lying,
and being within the boundaries and lines hereinafter described ; that is to say, all the
territory or tract of country included within the river Mississippi and a line beginning
at that part of the said river which is intersected by the southern boundary line of
the State of North Carolina, and continuing along the said boundary line until it in-
tersects the ridge or chain of mountains which divides the eastern from the western
waters, then to be continued along the top of the said ridge of mountains until it in-
tersects a line to be drawn due west from the head of the southern branch of Tugoloo
River to the said mountains, and thence to run a due west course to the river Missis-
sippi. In the senate house, the eighth day of March, in the year of onr Lord one thous-
and seven hundred and eighty-seven, and in the eleventh year of the Independence of
the United States of America. John Lloyd, president of the senate; John Julius Pringle,
speaker of the house of representatives.” And whereas the said John Kean and Daniel
Huger were, on the sixth day of March, one thousand seven hundred and eighty-seven,
elected delegates to represent the State of South Carolina, according to the law of said
State, in the Congress of the United States until the first Monday in November in the
said year one thousand seven hundred and eighty-seven, which election remains in full
force, and the said John Kean and Daniel Huger are the lawful delegates of said State,
in the Congress of the United States: Now, therefore, know ye, that we, the said John
Kean and Daniel Huger, by virtue of the power and authority to us committed by the
said act of the general assembly of South Carolina before recited, in the name and for
and in behalf of the State of South Carolina, do by these presents assign, transfer, quit
claim, cede, and convey to the United States of America for their benefit (South Caro-
lina inclusive), all the right, title, interest, jurisdiction, and claim which the State of
South Carolina hath in and to the before mentioned and described territory or tract
of country as the same is bounded and described in the said act of assembly, for the
uses in the said recited act of assemblv declared.
In witness whereof, we have heréunto set our hands and seals, this ninth day of
August, in the year of our Lord one thousand seven hundred and eighty-seven, and of
the sovereignty and Independence of America the twelfth.
JOHN KEAN. [L. s.]
DANIEL HUGER. [L. s.]
Signed, sealed, and delivered, in presence of
CHARLES THOMSON,
ROGER ALDEN,
BENJAMIN BANKSON.
In the Congress August 9, 1787, this cession was accepted.
CESSION FROM THE STATE OF NORTH CAROLINA.
North Carolina was the first State to make a cession of western lands to the Gov-
ernment of the United States under the Constitution of 1789.
December 22, 1789, by act of assembly, the State of North Carolina authorized her
$enators and Representatives in Congress to make cession to the United States of her
western territory. w
February 25, 1790, a deed of cession was offered on behalf of North Carolina, by
Samuel Johnston and Benjamin Hawkins, Senators in Congress.
The western territory claimed and ceded by the State of North Carolina was embraced
within the zone lying to the west of her western boundary with the thirty-fifth parallel
north latitude for its southern boundary, and the parallel 36° 30' north latitude for its
northern boundary, being the territory now constituting the area of the present State
of Tennessee.
The act of cession contained ten conditions.
Act accepting deed of cession from North Carolina, April 2, 1790.
AN ACT to accept a cession of the claim of the. of North Carolina to a certain district of western
rritory.
A deed of cession having been executed, and in the Senate offered for acceptance
CESSION BY NORTH CAROLINA. 77
to the United States, of the claims of the State of North Carolina, to a district of ter.
ritory therein described; which deed is in the words following, viz:
“To all who shall see these presents: We, the underwritten Samuel Johnston and
Benjamin Hawkins, Senators in the Congress of the United States of America, duly
and constitutionally chosen by the legislature of the State of North Carolina, send
greeting: -
& 4 wºods the general assembly of the State of North Carolina, on the [22d] day off
December, in the year of our Lord one thousand seven hundred and eighty-nine, passed
an act, entituled “An act for the purpose of ceding to the United States of America cer-
taila western lands therein described,” in the words following, to wit:
“Whereas the United States, in Congress assembled, have repeatedly and earnestly
recommended to the respective States in the Union, claiming or owning vacant west-
ern territory, to make cessions of part of the same, as a further means, as well of hast-
ening the extinguishment of the debts, as of establishing the harmony of the United
States; and the inhabitants of the said western territory being also desirous that such
cession should be made, in order to obtain a more ample protection than they have
heretofore received : Now this State, being ever desirous of doing ample justice to the
public creditors, as well as the establishing the harmony of the United States, and
complying with the reasonable desires of her citizens:
“Be it enacted by the general assembly of the State of North Carolina, and it is hereby
enacted by the authority of the same, That the Senators of this State, in the Congress of
the United States, or one of the Senators and any two of the Representatives of this
State, in the Congress of the United States, are hereby authorized, empowered and
required to execute a deed or deeds on the part and behalf of this State, conveying
to the United States of America, all right, title, and claim which this State has to the
sovereignty and territory of the lands situated within the chartered limits of this
State, west of a line beginning on the extreme height of the Stone Mountain, at the
place where the Virginia line intersects it ; running thence along the extreme height
of the said mountain, to the place where Wataugo River breaks through it; thence a
direct course to the top of the Yellow Mountain, where Bright's road crosses the same;
thence along the ridge of said mountain, between the waters of Doe River and the
waters of Rock Creek, to the place where the road crosses the Iron Mountain; from
thence along the extreme height of said mountain, to where Nolichucky River runs
through the same; thence to the top of the Bald Mountain; thence along the extreme
height of the said mountain, to the Painted Rock, on French Broad River; thence
along the highest ridge of the said mountain, to the place where it is called the Great
lron or Smoaky Mountain; thence along the extreme height of the said mountain, to
the place where it is called the Unicoy or Unaka Mountain, between the Indian towns
of Cowee, and Old Chota; thence along the main ridge of the said mountain, to the
Southern boundary of this State, upon the following express conditions, and subject
thereto–that is to say: First, that neither the lands nor inhabitants westward of the
said mountain, shall be estimated, after the cession made by virtue of this act shall be
accepted, in the ascertaining the proportion of this State with the United States, in
the common expense occasioned by the late war; secondly, that the lands laid off, or
directed to be laid off, by any act or acts of the general assembly of this State, for the
officers and soldiers thereof, their heirs and assigns respectively, shall be and, enure to
the use and benefit of the said officers, their heirs and assigns respectively; and if the
bounds of the Said lands already prescribed for the officers and soldiers of the conti-
nental line of this State, shall not contain a sufficient quantity of lands fit for cultiva-
tion, to make good the several provisions intended by law, that such officer or soldier,
or his assignee, who shall fall short of his allotment or proportion, after all the lands
fit for cultivation, within the said bounds, are appropriated, be permitted to take his
quota, or such part thereof as may be deficient, in any other part of the said territory
intended to be ceded by virtue of this act, not already appropriated. And where
entries have been made agreeable to law, and titles under them not perfected by grant
or otherwise, then, and in that case, the governor for the time being shall, and he is
hereby required to, perfect, from time to time, such titles, in such manner as if this
act had never been passed. And that all entries made by, or grants made to, all and
every person or persons whatsoever, agreeable to law, and within the limits hereby
intended to be ceded to the United States, shall have the same force and effect as if
such cession had not been made ; and that all and every right of occupancy and pre-
emption, and every other right reserved by any act or acts to persons settled on, and
occupying lands within the limit of the lands hereby intended to be ceded as afore-
said, shall continue to be in full force, in the same manner as if the cession had not
been made, and as conditions upon which the said lands are ceded to the United States.
And further, it shall be understood, that if any person or persons shall have, by virtue
of the act, entituled “An act for opening the land office for the redemption of specie and
other certificates, and discharging the arrears due to the army,” passed in the year
one thousand seven hundred and eighty three, made his or their entry in the office usu-
ally called John Armstrong's office, and located the same to any spot or piece of ground
78 CESSION BY NORTH CAROLINA.
on which any other person or persons shall have previously located any entry or en-
tries, that then, and in that case, the person or persons having made such entry or en-
tries, or their assignee or assignees, shall have leave and be at full liberty to remove
the location of such entry or entries to any lands on which no entry has been specially
located, or on any vacant lands included within the limits of the lands hereby intended
to be ceded: Provided, That nothing herein contained shall extend, or be construed to
extend, to the making good any entry or entries, or any grant or grants heretofore de-
clared Void, by any act or acts of the general assembly of this State. Thirdly, that all
the lands intended to be ceded by virtue of this act to the United States of America,
and not appropriated as before mentioned, shall be considered as a common fund, for
the use and benefit of the United States of America, North Carolina inclusive, accord-
ing to their respective and usual proportion in the general charge and expenditure,
and shall be faithfully disposed of for that purpose, and for no other use or purposé
whatever. Fourthly, that the territory so ceded, shall be laid out and formed into a
State or States, containing a suitable extent of territory, the inhabitants of which shall
enjoy all the privileges, benefits, and advantages set forth in the ordinance of the late
Congress for the government of the western territory of the United States, that is to
Say: Whenever the Congress of the United States shall cause to be officially transmit-
ted to the executive authority of this State, an authenticated copy of the act to be
passed by the Congress of the United States, accepting the cession of territory made
by virtue of this act, under the express conditions hereby specified, the said Congress
shall, at the same time, assume the government of the said ceded territory, which they
shall execute in a manner similar to that which they support in the territory west of
the Ohio; shall protect the inhabitants against enemies, and shall never bar or deprive
them of any privileges which the people in the territory west of the Ohio enjoy : Pro-
vided, always, That no regulations made, or to be made, by Congress shall tend to eman-
cipate slaves. Fifthly, that the inhabitants of the said ceded territory shall be liable
to pay such sums of money, as may, from taking their census, be their just proportion
of the debt of the United States, and the arrears of the requisitions of Congress on
this State. Sixthly, that all persons indebted to this State, residing in the territory
intended to be ceded by virtue of this act, shall be held and deemed liable to pay such
debt or debts in the same manner, and under the same penalty or penalties, as if this
act had never been passed. Seventhly, that if the Congress of the United States do
not accept the cession hereby intended to be made, in due form, and give official notice
thereof to the executive of this State, within eighteen months from the passing of this
act, then this act shall be of no force or effect whatsoever. Eighthly, that the laws in
force and use in the State of North Carolina, at the time of passing this act, shall be
and continue in full force within the territory hereby ceded until the same shall be
repealed or otherwise altered by the legislative authority of the said territory. Ninthly,
that the lands of non-resident proprietors within the said ceded territory shall not be
taxed higher than the lands of residents. Tenthly, that this act shall not prevent the
people now residing South of French Broad, between the rivers Tennessee and Big
Pigeon, from entering their pre-emptions in that tract, should an office be opened for that
purpose, under an act of the present general assembly. And be it further enacted by the
authority aforesaid, That the sovereignty and jurisdiction of this State, in and over the
territory aforesaid, and all and every the inhabitants thereof, shall be and remain the
same in all respects, until the Congress of the United States shall accept the cession to
be made by virtue of this act, as if this act had never passed.
“Read three times, and ratified in general assembly the – day of December, A. D.
1789.
“CHAS. JOHNSON, Sp. Sen.
“S. CABARRUS, Sp. H. C.
“Now,therefore, know ye, that we, Samuel Johnston and Benjamin Hawkins, Senators
aforesaid, by virtue of the power and authority committed to us by the said act, and
in the name, and for and on behalf of the said State, do, by these presents, convey,
assign, transfer, and set over, unto the United States of America, for the benefit of the
said States, North Carolina inclusive, all right, title, and claim which the said State
hath to the Sovereignty and territory of the lands situated within the chartered limits
of the Said State, as bounded and described in the above-recited act of the general
assembly, to and for the uses and purposes, and on the conditions mentioned in the
said act.
“In witness whereof, we have hereunto subscribed our names and affixed our seals, in
the Senate Chamber at New York, this twenty-fifth day of February, in the year of
our Lord one thousand seven hundred and ninety, and in the fourteenth year of the
Independence of the United States of America. “SAM. JOHNSTON. [L. s.]
t “BENJ. HAWKINS. [L. s.]
“Signed, sealed, and delivered in the presence of -
“SAM. A. OTIS.”
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That the said deed be, and the same is hereby, accepted.
CESSION BY GEORGIA. . 79
CESSION FROM THE STATE OF GEORGIA.
The seventh and last State to make a cession to the United States by virtue of hold-
ing under charter grants was the State of Georgia.
February 5, 1788, the assembly of Georgia authorized her delegates in Congress to
make cession of her western territory to the United States. This tender was for ter-
ritory which was substantially embraced within the British province of West Florida,
and lay north of the thirty-first parallel of north latitude, and which had been defined
and its boundaries altered upon recommendation of the British board of trade March
23, 1764, from Whitehall. This province was created by proclamation of King George
III., October 7, 1763, after the treaty of Paris, February 10, 1763. The colony of
Georgia, at that time, lay to the east of this new colony and had annexed to it by the
same proclamation all the lands lying between the rivers Altamaha and Saint Mary’s
Congress by resolution July 15, 1788, rejected the proposition.
April 7, 1798, the Congress of the United States passed an act for an amicable set-
tlement of limits within the State of Georgia and authorizing the establishment of a
government in the Mississippi territory, viz:
SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That the President of the United States be, and he
hereby is, authorized to appoint three commissioners, any two of whom shall have
power to adjust and determine, with such commissioners as may be appointed under
the legislative authority of the State of Georgia, all interfering claims of the United
States and that State to territory situate west of the river Chatahouchee, north of the
thirty-first degree of north latitude, and south of the cession made to the United States,
by South Carolina ; and also, to receive any proposals for the relinquishment or cession
of the whole or any part of the other territory claimed by the State of Georgia, and
out of the ordinary jurisdiction thereof. *
SEC. 2. And be it further enacted, That all the lands thus ascertained as the property
of the United States, shall be disposed of in such manner as shall be hereaftel
directed by law; and the nett proceeds thereof shall be applied to the sinking and dis-
charging the public debt of the United States, in the same manner as the proceeds of
the other public lands in the territory northwest of the river Ohio.
SEC. 3. Be it further enacted, That all that tract of country bounded on the west by
the Mississippi; on the north by line to be drawn due east from the mouth of the
Yazous to the Chatahouchee River; on the east by the river Chatahouchee; and on the
south by the thirty-first degree of north latitude, shall be, and hereby is, constituted
one district, to be called the Mississippi Territory.
The present area of the States of Alabama and Mississippi (except a strip on the
north of the State, which was ceded by South Carolina), north of the thirty-first
degree of north latitude, was contained in the Territory of Mississippi. -
Section 5 of the act provided “that the establishment of this government shall in no
respect impair the right of the State of Georgia, or of any person or persons, either to
the jurisdiction or the soil of the said territory; but the rights and claims of the said
State, and all persons interested, are hereby declared to be as firm and available as if
this act had never been made.”
Under this act President Adams appointed James Madison, Albert Gallatin, and
Levi Lincoln commissioners on behalf of the United States, and James Jackson, Abra-
ham Baldwin, and John Milledge were appointed commissioners by the State of Geor-
gia.
After all the testimony as to the Yazbo claims was in, and reports had been exam-
ined, May 10, 1800, the Congress of the United States, by an act supplemental to the
act of April 7, 1798, in the tenth section, provided:
SEC. 10. And be it further enacted, That it shall be lawful for the commissioners ap-
pointed, or who may hereafter be appointed, on the part of the United States, in pur-
suance of the act, entitled “An act for an amicable settlement of limits with the State
of Georgia and authorizing the establishment of a government in the Mississippi Ter-
ritory,” or any two of them, finally to settle, by compromise, with the commissioners
which have been, or may be, appointed by the State of Georgia, any claims mentioned
in said act, and to receive, in behalf of the United States, a cession of any lands therein
mentioned, or of the jurisdiction thereof, on such terms as to them shall appear rea-
sonable; and, also, that the said commissioners on the part of the United States, or any
two of them, be authorized to inquire into the claims which are, or shall be, made by
80 CESSION BY GEORGIA.
settlers, or any other persons whatsoever, to any part of the aforesaid lands, and to re-
ceive from such settlers and claimants any propositions of compromise which may be
made by them, and lay a full statement of the claims, and the propositions which may
be made to them, by thesettlers or claimants, to any part of the saidlands, together with
their opinion thereon, before Congress, for their decision thereon, as soon as may be:
Provided, That the settlement shall be made and completed before the fourth day of
March, one thousand eight hundred and three: And provided also, That the said com-
missioners shall not contract for the payment of any money from the Treasury of the
United States to the State of Georgia, other than the proceeds of the same lands.
April 24, 1802, Georgia ceded to the United States her claims to the entire territory
west of her present western boundary (deducting the South Carolina cession on the
north) and the river Mississippi.
The United States ceded to Georgia the strip of land twelve miles wide, ceded by
South Carolina to the Nation, now being the extreme northern part of the State, esti-
mated to contain fifteen hundred Square miles.
Articles of agreement and cession between the United States and Georgia.
Articles of agreement and cession, entered into on the twenty-fourth day of April, one
thousand eight hundred and two, between the commissioners appointed on the part of
the United States, by virtue of an act?entitled “An act for an amicable settlement of
limits with the State of Georgia, and authorizing the establishment of a government
in the Mississippi Territory,” and of the act supplemental to the last-mentioned act,
on the one part; and the commissioners appointed on the part of the State of Geor-
gia, by virtue of an act, entitled “An act to carry the twenty-third section of the
first article of the constitution into effect,” and of the act to amend the last-men-
tioned act, on the other part.
ARTICLE 1. The State of Georgia cedes to the United States all the right, title, and
claim, which the said State has to the jurisdiction and soil of the lands situated within
the boundaries of the United States, south of the State of Tennessee, and west of a line
beginning on the western bank of the Chatahouchee River, where the same crosses the
boundary line between the United States and Spain; running thence up the said river
Chatahouchee, and along the western bank thereof to the great bend thereof, next
above the place where a certain creek or river, called “Uchee” (being the first consid-
erable stream on the western side, above the Cussetas and Coweta towns), empties into
the said Chatahouchee River; thence in a direct line to Nickajack, on the Tennessee
River; thence crossing the said last mentioned river, and thence running up the said
Tennessee River, and along the western bank thereof, to the southern boundary line.
of the State of Tennessee; upon the following express conditions, and subject thereto,
that is to say:
First. That out of the first net proceeds of the sales of the lands thus ceded, which
net proceeds shall be estimated by deducting, from the gross amount of sales, the ex-
penses incurred in surveying, and incident to the sale, the United States shall pay, at
their Treasury, one million and two hundred and fifty thousand dollars to the State of
Georgia, as a consideration for the expenses incurred by the said State, in relation to
the said territory; and that for the better Securing as prompt a payment of the said
sum as is practicable, a land office for the disposition of the vacant lands thus ceded,
to which the Indian title has been, or may hereafter be, extinguished, shall be opened
within a twelvemonth after the assent of the State of Georgia to this agreement, as
hereafter stated, shall have been declared.
Secondly. That all persons who, on the twenty-seventh day of October, one thou-
sand seven hundred and ninety-five, were actual settlers within the territory thus
ceded, shall be confirmed in all grants legally and fully executed prior to that day, by
the former British government of West Florida, or by the government of Spain, and
in the claims which may be derived from any actual survey or settlement made under
the act of the State of Georgia, entitled “An act for laying out a district of land situate
on the river Mississippi, and within the bounds of this State, into a county, to be called.
& 4 º passed the seventh day of February, one thousand seven hundred and
eighty-five.
Thirdly. That all the lands ceded by this agreement to the United States shall,
after satisfying the above-mentioned payment of one million two hundred and fifty
thousand dollars to the State of Georgia, and the grants recognized by the preceding
conditions, be considered as a common fund for the use and benefit of the United
States, Georgia included, and shall be faithfully disposed of for that purpose, and for
no other use or purpose whatever: Provided, however, That the United States, for the
period and until the end of one year after the assent of Georgia to the boundary es-
tablished by this agreement shall have been declared, may, in such manner as not to
interfere with the above-mentioned payment to the State of Georgia, nor with the
grants hereinbefore recognized, dispose of, or apprepriate a portion of the said lands, not;
CESSION BY GEORGIA. 81.
exceeding five millions of acres, or the proceeds of the said five millions of acres, or of
any part thereof, for the purpose of satisfying, quieting, or compensating, for any
claims other than those hereinbefore recognized, which may be made to the said lands
or to any part thereof. It being fully understood, that if an act of Congress making
such disposition or appropriation shall not be passed into a law within the above-men-
tioned period of one year, the United States shall not be at liberty thereafter to cede
any part of the said lands on account of claims which may be laid to the same, other
than those recognized by the preceding condition, nor to compensate for the same;
and in case of any such cession or compensation the present cession of Georgia to the
right of soil over the lands thus ceded or compensated for, shall be considered as null
and void; and the lands thus ceded or compensated for shall revert to the State of
Georgia.
Fourthly. That the United States shall, at their own expense, extinguish, for the
use of Georgia, as early as the same can be peacably obtained, on reasonable termis, the
Indian title to the county of Talassee, to the lands left out by the line drawn with
the Creeks, in the year one thousand seven hundred and ninety-eight, which had been
previously granted by the State of Georgia; both which tracts had formerly been
yielded by the Indians; and to the lands within the forks of Oconee and Oakmulgee
rivers; for which several objects, the President of the United States has directed that
a treaty should be immediately held with the Creeks; and that the United States shall,
in the same manner, also extinguish the Indian title to all the other lands within the
State of Georgia.
Fifthly. That the territory thus ceded shall form a State, and be admitted as such
into the Union, as soon as it shall contain sixty thousand free inhabitants, or at an
earlier period if Congress shall think it expedient, on the same conditions and re-
strictions, with the same privileges, and in the same manner, as is provided in the or-
dinance of Congress of the thirteenth day of July, one thousand seven hundred and
eighty-seven, for the government of the western territory of the United States, which
ordinance shall, in all its parts, extend to the territory contained in the present act of
cession, that article only excepted which forbids slavery.
ART. 2. The United States accept the cession above mentioned, and on the conditions
therein expressed; and they cede to the State of Georgia whatever claim, right, or
title they may have to the jurisdiction or soil of any lands, lying within the United
States, and out of the proper boundaries of any other State, and situated south of the
southern boundaries of the States of Tennessee, North Carolina, and South Carolina, and
east of the boundary line hereinabove described, as the eastern boundary of the territory
ceded by Georgia to the United States.
ART. 3. The present act of cession and agreement shall be in full force as Soon as
the legislature of Georgia shall have given its assent to the boundaries of this ces-
sion: Provided, That the said assent shall be given within six months after the date of
these presents, and provided that Congress shall not, during the same period of six
months, repeal so much of any former law as authorizes this agreement, and renders it
binding and conclusive on the United States. But if either the assent of Georgia shall
not be thus given, or if the law of the United States shall be thus repealed within
the said period of six months, then, and in either case, these presents shall become null
and void.
Signed, &c.
The articles of agreement were ratified by the legislature of the State of Georgia,
June 16, 1802.
RATIFICATION BY GEORGIA.
AIN ACT to ratify and confirm certain articles of agreement and cession, entered into on the 24th day
of April, 1802, between the commissioners of the State of Georgia on the one part, and the commis-
sioners of the United States on the other part.
Whereas the commissioners of the State of Georgia, to wit, James Jackson, Abra-
ham Baldwin, and John Milledge, duly authorized and appointed by and on the part.
and behalf of the said State of Georgia, and the commissioners of the United States,
James Madison, Albert Gallatin, and Levi Lincoln, duly authorized and appointed by
and on the part and behalf of the said United States, to make an amicable settlement of
limits between the two sovereignties, after a due examination of their respective pow-
ers, did, on the twenty-fourth day of April last, enter into a deed of articles and mutual
cession, in the words following, to wit: [Here follow the articles of agreement.]
Be it enacted by the 8enate and house of representatives of the State of Georgia, in generab
assembly met, and by the authority thereof, That the said deed or articles of agreement
and cession be, and the same hereby is and are, fully, absolutely, and amply, ratified,
and confirmed in all its parts; and hereby is and are declared to be binding and con-
clusive on the said State, her government, and citizens, forever.
March 3, 1803, the United States by law provided for the sale and disposition of they
public domain therein.
6 L O—WOL III
82 RESERVATIONS IN CESSIONS BY STATES.
RESERVATIONS MADE BY STATES IN THE DEEDS OF CESSION AND CLAIMS
TO LANDS PROTECTED BYCESSIONS.
WESTERN RESERVE OF CONNECTICUT IN OHIO.
The cessions by States were accompanied in some cases by important reservations.
The last district ceded by Connecticut, May 30, 1800, having been excluded in the first
cession of September 13, 1786, was called the “Western Reservé of Connecticut in
Ohio.” These lands now lie in the counties of Ashland, Ashtabula, Cuyahoga, Erie,
Geauga, Huron, Lake, Lorain, Mahoning, Medina, Ottawa, Portage, Summit, and
w Trumbull; in all, fourteen counties in the State of Ohio, and contain about 3,800,000
acres. This tract lies to the north of the forty-first parallel north latitmde, to Lake
Erie, and runs westward 120 miles from the western boundary of the State of Pennsyl-
V8,D\la.
“FIRE-LANDS.”
About 500,000 acres of this tract, now lying in the counties of Erie, Huron, and Ot-
tawa, in Ohio, and in the western part of the Reserve, Connecticut donated to the use of
such of her citizens as suffered (at Danbury and other points) loss by fire and raids by
British troops and raiders during the Revolutionary War. These became known as the
“Fire-lands.” The remainder of the Western Reserve was sold September 9, 1795,
by the State of Connecticut to a company—about 3,000,000 acres at forty cents per
acre—realizing some $1,200,000, which became the basis of her present common-school
fund. These Connecticut reservations aggregated about 3,800,000 acres.
VIRGINIA.
Virginia stipulated that a quantity of lands, not exceeding 150,000 acres, should be
laid off in one tract, the length of which should not exceed twice the breadth, to sat-
isfy the claims of General George R. Clarke, and the officers and soldiers under his
command in her State service, and which composed his force in his expedition to Illi-
nois, and which had reduced that country. This, according to the terms of the reser-
vation, was selected and located near the falls of the Ohio, and distributed among the
claimants according to the laws of Virginia. It now lies in the State of Indiana.
Virginia also stipulated for the confirmation of the holdings of the French and Cana-
dian residents at Kaskaskia and Saint Vincents; all of which was afterward affirmed
by the United States. - -
VIRGINIA MILITARY LANDS.
It was further stipulated in this cession that in case the lands in Kentucky, between
the Green and Tennessee rivers, which had been reserved to meet the land bounty
claims of the Virginia revolutionary officers and soldiers of her continental quota
under her laws, should prove inadequate, the deficiency should be supplied in good
lands to be selected and surveyed by the claimants themselves in a district allotted
them on the north side of the Ohio River and between the Scioto and Little Miami
rivers, lying in the present counties of Adams, Auglaize, Brown, Champaign, Clark,
Clermont, Clinton, Delaware, Fayette, Franklin, Greene, Hamilton, Hardin, Highland,
Logan, Madison, Marion, Pickaway, Pike, Ross, Scioto, Union, and Warren—twenty-
three counties known as “the Virginia Military Lands.”
The loose method and entire absence of public monuments of survey in the “Wir-
ginia Military District,” was necessarily productive of many conflicts of title, requir-
ing a long course of litigation to settle. * -
After a quarter of a century, however, titles, became measurably quieted and the
march of improvement was accelerated. This district embraces a body of 6,570 square
miles or 4,204,300 acres. It was the subject of much legislation on the part of Con-
gress, as the laws show, for a period of fifty years prior to 1871.
RESERVATIONS IN CESSIONS BY STATES. 83
By act of Congress, February 18th, 1871, the unsurveyed and unappropriated lands
in this district were ceded to the State of Ohio, each settler thereon to have a pre-emp-
tion right of 160 acres. The State of Ohio, March 26, 1872, accepted the grant and
conveyed the same to the trustees of the Ohio Agricultural and Mechanical College,
for the benefit of that institution. These lands were in the unsettled portions of three
counties and also in Pickaway County, viz, in the “Sun-fish hills” of Pike and the
“Red Brush” country of Scioto and Adams counties, and amounted to 76,735.44 acres
and were appraised at $74,287.45 These lands were sold by an agent of the college,
under authority of the State. -
NORTH CAROLINA.
The reservations of North Carolina present a singular chapter in the history of
the public domain. Among the conditions of transfer it was stipulated that three
classes of claims should be satisfied from the public lands ceded by that State before
any other disposition of them should be made. These reservations were as follows: 1st.
Appropriations of land by the State of North Carolina to her continental and State
officers and soldiers, each claimant to select and lay off his legal complement in such
locality as he might choose, without reference to any public standards of survey. 2d.
Grants of land, whether located upon the soil or not, made to individuals under the
laws of the State, including all inceptive or perfected rights, whether acquired by
formal entry, by actual occupancy, by pre-emption privilege, or by special reservation.
3d. Entries under the law of 1783, in the office of one John Armstrong, an entry
taker, whose legal status it is not easy now to ascertain, conflicting with prior claims;
such entries were to be relocated upon unappropriated lands elsewhere.
By a report made to Congress, November 10, 1791, by Jefferson, Secretary of State,
it appears that the Indian title within the ceded territory had been extinguished to
about 7,500,000 acres, whereas the claims already reported amounted to 8,118,6013 acres,
many of them located within the limits guaranteed to the Cherokees and Chickasaws
by the treaties of Hopewell and Holston. -
The Government of the United States, by treaty, purchase, or conquest, extinguished
at different times the Indian title to the remaining lands in Tennessee, but the North
Carolina claims absorbed the great mass of the eligible lands. Finding that the rem-
nant would scarce pay expense of disposal, Congress, by act of February 18, 1841, made
Tennessee its agent for the disposal of all unappropriated lands within the State, grant-
ing to the State any surplus after satisfying the North Carolina claims.
GEORGIA.
The most important conditions in the Georgia cession were: First, payment by the
United States to Georgia of $1,200,000 from sale of public lands in said cession. Seo-
ond, 500,000 acres therein should be set aside, or the proceeds of sale thereof, to satisfy
claims against lands in the cession. Third, extinguishment of Indian titles to certain
portions of the cession.
YAZOO CLAIMS.
In the efforts of Georgia to make cession of her western lands to the United States,
peginning February 5, 1788, there was involved the question of the title of the State
to certain lands lying west of her present boundaries. It was claimed by the United
States that the State of Georgia was attempting in the proposed cession to cede some
territory to which they had no valid or legal claim, and further claimed that certain
large claims, pretended to be derived from that State, and known by the name of “Ya-
zoo claims,” rendered it important for the United States to prove that a considerable
portiºn of the territory thus claimed was not within the boundaries of Georgia, nor of
any other State, at the date of the treaty of peace with Great Britain, September 3,
1783, and became therefore immediately vested in the United States by virtue of that
treaty.
84 RESERVATIONS IN CESSIONS BY STATES.
The charter of Carolina having been surrendered to the Crown by the proprietors
South Carolina became a regal colony, the boundaries of which might be altered by
the Crown according to circumstances. Georgia was accordingly erected into a separ-
ate government, and her charter having been surrendered by the trustees, she also
became a regal colony. Her southern boundary was originally the Altamaha River,
and thence westwardly a parallel of latitude passing by the source of that river. The
territory between the rivers Altamaha and Saint Mary’s was annexed to it by the King's
proclamation of the 7th October, 1763, and, though not positively expressed by that
instrument, it appears by the commission of Governor Wright, dated 20th January,
1764, that the jurisdiction extended to the river Mississippi, as far south as the thirty-
first degree of north latitude, which, according to the proclamation, formed the north-
ern boundary of the new British province of West Florida. But, on the representa-
tion of the board of trade, the boundaries were altered, and it appears from the sec-
ond commission of Governor Johnstone, of that province, and from those of the subse-
quent governors, Elliott and Chester, that West Florida, from the 6th day of June, 1764,
and thence as long as it continued under the British Government, was bounded on the
north by a parallel of latitude passing by the mouth of the river Yasous, or about 320
30' of north latitude. The jurisdiction of the governors of West Florida did accord-
ingly, in fact, extend to the territory lying between that parallel and the thirty-first
degree, as well as south of this. Lands were granted by them within those bounda-
ries, and, when not subsequently forfeited, continue to be held under that title. That
portion of territory (viz, between the thirty-first degree and 32° 30' of latitude),
appears therefore to have been acquired, not by any of the States as lying within its
boundaries, but by the United States as part of West Florida, and for the benefit of
the whole Union.
The Yazoo claims, so called, embracing about 35,000,000 acres in the Mississippi Ter-
ritory, and derived from a pretended sale by the legislature of Georgia, in 1789–1795,
were declared null, as fraudulent, by a subsequent legislature. The evidence, as pub-
lished by the State of Georgia and by Congress, shows that that transaction, even if
considered as a contract, is, as such, on acknowledged principles of law and equity,
null ab initio: it being in proof that all the members of the legislature who voted in
favor of the sale, that is to say, the agents who pretended to sell the property of their
constituents, were, with the exception of a single person, interested in, and parties to
the purchase.”
The first legislature of Georgia, which met December 24, 1789, sold the pre-emption
right to certain lands beyond the Chattahoochee, viz, 5,000,000 of acres, to the Vir-
ginia Yazoo Company, for $93,724; 5,000,000 of acres to the South Carolina Yazoo
Company, for $66,964; 3,500,000 of acres to the Tennessee Yazoo Company, for $46,875,
to be paid in two years. The companies tendered payment to the State of Georgia in
depreciated State paper. The State objected, and a succeeding legislature enacted that
the bargain was at an end. The three companies above named (and a fourth company)
sold out a large portion of their claims to persons in the Middle and New England
States, and various companies were formed under said sales, and many influential men
became interested. In February, 1796, the Georgia legislature passed an act revoking
the sale to the Georgia, the Georgia Mississippi, the Upper Mississippi, and the Tennes-
see companies for lands west of the Chattahoochee, for which they had paid about
$500,000.f
In January, 1795, the two houses of the legislature of Georgia moved in procession
to a fire in front of the State capitol, and with solemn ceremonies burned the act of sale
of the lands.
In Fletcher v8. Peck (6 Cranch, 87,) the Supreme Court of the United States decided
that the act of the Georgia legislature repealing the prior act for the sale of the land
* Albert Gallatin, one of the commissioners to act upon the Georgia case. Wide Land Laws, 1810.
fSales were made to a company called “The Georgia Company,” and to one called “The Upper Missis-
sippi Company,” January 7, 1795; to the Tennessee Company under same grant, and to the rgia and
Mississippi Company for $500,000.—ALBERT GALLATIN. .*
THE PUBLIC DOMAIN. 85
was unconstitutional and void, was in violation of a contract, and that claimants' title
was good and valid. e
By act of March 31, 1814, Congress provided for the issuing of scrip to the Georgia.
claimants, non-interest bearing, receivable in payment for public lands in Mississippi,
and redeemable out of the proceeds of the sale of the lands therein after Georgia's ces-
sion lien was satisfied. -
For a full statement of the testimony taken in the Georgia cases by the State of
Georgia and reported January 25, 1796, to the House of Representatives, see pp. 512–541,
Vol. 1, Laws of the United States, edition of Browne & Duane; also see Hildreth's
United States, Wols. 4, 5, and 6; American State Papers, Public Lands, Vol. 1; and the
recommendation of the commissioners, Madison, Gallatin, and Lincoln, in 1803, as to
redemption and compromise. - •
The United States, in addition to the 1,500 square miles of territory given to Georgia
now on her northern boundary, paid more than $3,000,000 in money in settlement of
the Yazoo and other claims under said deed of cession and subsequent laws of Congress,
and in all paid in money from land sold for benefit of State and for “Yazoo scrip,”
about $6,200,000. -
CONNECTICUT AND PENNSYLVANIA BOUNDARY QUESTION.
Connecticut, after vainly contending with Pennsylvania in regard to the zone be-
tween the forty-first and forty-second parallels lying in the last named State, known
as the Wyoming controversy, and the claims for land under the Susquehannah Com-
pany, which was referred to a Federal court (under an article of the Articles of Con-
federation) which met at Trenton, New Jersey, and which in 1782 decided the right
of jurisdiction to lie in the State of Pennsylvania, finally yielded the point, but pressed
her claim to the same zone west of the western boundary of the State of Pennsylvania.
to the Mississippi River. Finally she reserved the eastern end of her claim, now
known as the Western Reserve of Connecticut in Ohio, only yielding to the United
States a jurisdictional claim to the same until after 1800. The remainder of this claim
for charter zone to the Mississippi River, to the west of the Reserve and now in Ohio,
Indiana, Illinois, and Michigan, became public domain of the United States. Virginia.
also claimed this region by reason of Clarke's capture and occupancy under her au-
thority. And thus the United States obtained their first public domain for disposi-
tion by sale or settlement by Congress. -
THE PUBLIC DOMAIN.
By these several acts of cession from seven of the original States (colonies prior to
July 4, 1776) of the Union, the United States came into possession of all that portion
of the public domain lying east of the Mississippi and north of the thirty-first parallel
north latitude. The basis of the claims of these States was the grants from the Crown
of England. The power of the King to erect new provinces, and subsequently to
annul chartered privileges, involved constitutional questions under the system of laws
then subsisting. It should, however, be mentioned in connection with colonial charters
that George III., by proclamation of October 7, 1763, organizing the territory acquired
from France by the treaty of Paris, February 10, 1763, into four new governments, re-
served for the use of the Indians all land and territories not included in those govern-
ments, or within the limits of the Hudson Bay Company, “as also all lands and territo-
ries lying to the westward of the sources of the rivers which fall into the sea from the
west and northwest, as aforesaid; and we do hereby strictly forbid, on pain of our dis-
pleasure, all our loving subjects from making any purchases or settlements whatever,
or taking possession of any of the lands above reserved, without our special leave and
license for that purpose first obtained.” The fact that the King felt himself bound to
86 AREA of STATE CESSIONs.
appeal to the courts, and to vacate the charters of Virginia and Massachusetts by writs
of quo warranto, would seem to indicate that in that day the royal prerogative did not
embrace the power of annulling charters. A violation of contract on the part of
grantees was made the ground of vacating the charters. George III., however, assumed
higher ground, and claimed by mere proclamation, without consulting Parliament, to
restrict the territory of the first and second colonies of Virginia, of Massachusetts, and
Connecticut to the watershed of the Atlantic streams, whereas the original charters
extended their jurisdiction westward to the Pacific Ocean. By the colonies themselves,
however, this proclamation of George III. was treated as a nullity. Virginia, Con-
necticut, Massachusetts, New York, North and South Carolina, and Georgia claimed
the full quota of territory under their original charters, with the exception, however,
of such areas as they, by negotiation, had acknowledged to have been alienated to
other colonies. Thus Connecticut and Massachusetts had yielded those portions of
their original charters which were covered by the actual settlements of New York and
Pennsylvania. The United States, having cessions from the several States, was indif-
ferent as to the conflicting claims of the latter to western territory, or, as the laws
said, waste and uncultivated land. The Federal Government wanted the domain, and
for that reason never interfered with these boundary questions except to enforce laws.
AREA OF STATE, CESSIONS TO THE UNITED STATEs,
NEW YORK.
The New York cession now lies in Erie County, Pennsylvania, west of New York
(315.91 square miles, 202,187 acres), and forms the northwestern portion of the State of
Pennsylvania (also claimed by Massachusetts and included in her cession), and claims
to Indian lands purchased by the State from the Six Nations, beginning in 1748, in-
definite as to area, but lying west of Pennsylvania and north of the Ohio River, and
not recognized in the organization of the territory northwest of the river Ohio.
VIRGINIA.
The Virginia cessions were for all the territory west of the State of Pennsylvania and
northwest of the river Ohio and below the forty-first parallel of north latitude, and the
area of the State of Kentucky south of the river Ohio and north of her southern boundary.
The above tract, being in and lying between the southern boundary line of the colony
and State of Virginia, under charter of April 10, 1606, 34° north latitude, and its
northern boundary line 41° north latitude, and from the Atlantic Ocean to the inter-
national boundary, the Mississippi River, excluding the States of Pennsylvania, Dela-
ware, Maryland, and New Jersey, on or near the Atlantic, which held under charters from
the Crown of England, and which subsequently were erected into proprietary or crown
colonies from lands embraced in the Virginia charter of 1606. She had an additional
claim to this territory extending north from the forty-first parallel north latitude to
Lakes Michigan and Huron, now in Illinois and Michigan, and northward, by reason
of conquest and occupancy by her State troops under General Geo. Rogers Clarke dur-
ing the Revolutionay War.
The present area of the State of Kentucky, 37,680 square miles, was ceded to that
State. It lies south of the Ohio River and contains no public domain.
Square miles.
Virginia's cessions to the United States were—
The area of the State of Ohio (excepting the Western Reserve and Fire-lands,
claimed by the State of Connecticut), under charters and capture claims, ex-
cluding claims for lands now in Michigan ----...--------------...---------. 39,964
The State of Indiana (charters and capture).----. --------------------------- 33,809
The State of Illinois (charters and capture).---------------...------------. --- 55, 414
AREA OF STATE CESSIONS. 87
Square miles.
She also ceded lands claimed by the States of Connecticut and Massachu-
setts under their crown charters, as well as by the United States under
the definitive treaty of peace with Great Britain of 1783:
In Michigan ----------------------------------------------------- 56, 451
In Wisconsin.--------------- ------------------------------------ 53,924
In Minnesota, east of Mississippi River.... ----...----------...----- 26,000
Total (disputed and undisputed) cession. -----...------------------- 265, 562
Or 169,959,680 acres.
MASSACHUSETTS AND CONNECTICUT.
The cessions of Massachusetts and Connecticut were claims to territory between
latitudinal lines, being extensions of their north and south boundary lines under their
charters from the British Crown, and from the western boundaries of crown grants
subsequent (viz, New York and Pennsylvania), the Connecticut claim being north of
the forty-first parallel north latitude (the south boundary line of Connecticut), running
along this to the Mississippi River and north in width to the south line of the Massa-
chusetts claim, viz, 42° 2' north latitude, or about 62 miles in width, and now lying in
the south of the State of Michigan, and in the north of the States of Ohio (including
the Western Reserve and Fire-lands), Indiana, and Illinois, estimated to contain about
40,000 square miles. - -
CLAIM OF AREA By Massachusetts.
The claim of Massachusetts was for a strip of territory from the western boundary
of New York, being an extension along the line between Pennsylvania and New York,
viz, 42° 2' north latitude and to the Mississippi River; also the south boundary line
of Massachusetts north to a line extending a league in width from the inflow of Lake
Winnipisogee, in the State of New Hampshire, across the country to the Mississippi
River, about 43° 43' 12" north latitude, being a strip about one hundred miles in width
and now lying in the southern part of the States of Wisconsin and Michigan and
northern part of the State of Illinois, and estimated to contain about 54,000 square
miles, and also the “Erie Purchase,” now in the State of Pennsylvania, containing
315.91 square miles, or 202,187 acres, also claimed to have been ceded by New York.
SOUTH CAROLINA.
The lands ceded by South Carolina constitute a strip lying west of the western
boundary and west of the eighty-third meridian west of Greenwich, running along
the thirty-fifth degree of latitude north to the Mississippi River, twelve to fourteen
miles in width, and now lying in the extreme northern part of the States of Georgia
(1,500 square miles), Alabama (1,700 square miles), and Mississippi (1,700 square miles,)
and containing, estimated, 4,900 square miles, or 3,136,000 acres. y
NORTH CAROLINA,
The cession of the State of North Carolina, claimed under her charter's western ex-
tension of her north and south boundary lines, being the tract of land within and from
her western boundary to the Mississippi, now lies in and is the State of Tennessee, and
contains 45,600 square miles, or 29,184,000 acres.
* GEORGIA.
The last cession to the United States was by the State of Georgia, of the territory
lying directly to the west of her western boundary and to the Mississippi River, and
lying between (the north line being the same as the north line of the colony of
Georgia) about 34° 40' north latitude, and the thirty-first parallel of north latitude,
now in the States of Mississippi and Alabama, and containing 88,578 square miles, or
56,689,920 acres.
88 AREA OF STATE CESSIONS.
BRITISH PROVINCE OF WEST FLORIDA.
The British province of West Florida was substantially included in this: consisting
of a territory south of a line from the west boundary of Georgia, on the parallel of
about 32° 30' north latitude to the Mississippi River on the west and south to the
thirty-first parallel of north latitude, now lying in Alabama and Mississippi.
The jurisdiction of the British government of West Florida thus extended between
the thirty-first parallel of north latitude and 32° 30' north latitude. This province the
United States claimed to have acquired by the definitive treaty with Great Britain of
1788, and disclaimed knowledge of the ownership of the colony or State of Georgia
thereto. The cession, however, settled all questions of doubt.
Square miles.
Area now ing in Alabama north of the line of the province of West Florida,
estimated ---------------------------------------------------------------- 27,722
Area south of West Florida line and north of latitude 31° north ...-----...- .. 19,000
Total.-------------- ...-----------------~~~~~~~~~~ 46, 722
Area,estimated, now lying in Mississippinorth of line of province of West Florida, 26,900
South of West Florida and north of latitude 31° north ...---------...----. 4 º' - G- - - 14,956
In all, estimated, 88,578 square miles, or 56,689,920 acres.
TOTAL CESSIONS.
The total cessions by states to the United States, as detailed in this chapter, were
404,955.91 square miles, or 259,171,787 acres!
C H A P T E R IV.
TO DECEMBER 1, 1883.
ACQUISITION BY PURCHASE, CONQUEST, AND TREATY, OF TERRI-
TORY TO THE NATIONAL AND PUBLIC DOMAIN BY THE UNITED
STATES, FROM 1803 T0 1867. . .
THE LOUISIANA PURCHASE FROM FRANCE.
In 1541 De Soto reached the Mississippi River.
In 1673 Father Marquette descended the Mississippi to its mouth.
In 1680 La Salle descended the Mississippi River and took possession of the country
adjacent to it in the name of Louis XIV. of France, and called it “Louisiana.”
In 1699 Lemoine d'Iberville founded the first colony at Biloxi, but dying soon after,
Henille took command.
In 1706 these colonists made a new location on the site of what is now the city of
New Orleans. - •
In 1712, September 14, Louis XIV. made a grant to Antoine de Crozat, a merchant
of Paris, who had amassed a fortune of 40,000,000 livres in the India trade, the grant
being for trading privileges.
- [Extract from the grant to Crozat.]
Louis, by the grace of God, King of France and Navarre : To all who shall see
these present letters, greeting: - .
The care we have always had to procure the welfare and advantage of our subjects,
having induced us, notwithstanding the almost continual wars which we have been
'obliged to support, from the beginning of our reign, to seek for all possible opportu-
nity of enlarging and extending the trade of our American colonies, we did, in the year
sixteen hundred and eighty-three, give our orders to undertake a discovery of the
countries and lands which are situated in the northern part of America, between New
France and New Mexico: and the Sieur de la Salle, to whom we committed that enter-
prise, having had success enough to confirm a belief, that communication might be
settled from New France to the Gulf of Mexico, by means of large rivers; this obliged us
immediately after the peace of Ryswick, to give ordersfor the establishing a colony there,
and maintaining a garrison, which has kept and preserved the possession we had taken
in the very year 1683, of the lands, coasts, and islands, which are situated in the Gulf of
Mexico, between Carolina on the east, and Old and New Mexico on the west. But a
new war having broke out in Europe shortly after, there was no possibility, till now,
of reaping from that new colony the advantages that might have been expected from
thence, because the private men who are concerned in the sea trade were all under en-
gagements with other colonies, which they have been obliged to follow : And whereas,
upon the information we have received, concerning the disposition and situation of
the said countries, known at present by the name of the province of Louisiana, we are
of opinion that there may be established therein a considerable commerce, so much
the more advantageous to our kingdom, in that there has hitherto been a necessity of
fetching from foreigners the greatest part of the commodities which may be brought
from thence; and because, in exchange thereof we need carry thither nothing but
commodities of the growth and manufacture of our own kingdom ; we have resolved
to grant the commerce of the country of Louisiana to the sieur Anthony Crozat, our
counsellor, secretary of the household, crown and revenue, to whom we entrust the
execution of this project. We are the more readily inclined hereunto, because his
zeal and the singular knowledge he has acquired in maritime commerce, encourage
us to hope for as good success as he has hitherto had in the divers and sundry enter-
prises he has gone upon, and which have procured to our kingdom great quantities of
gold and silver, in such conjunctures as have rendered them very welcome to us.
For these reasons, being desirous to show our favor to him, and to regulate the Con-
dition upon which we mean to grant him the said commerce, after having deliberated
89
9U THE LOUISIANA PURCHASE.
this affair in our council, of our certain knowledge, full power and royal authority,
we, by these presents, signed by our hand, have appointed and do appoint the said
sieur Crozat, solely to carry on a trade in all the lands, possessed by us, and bounded
by New Mexico, and by the lands of the English Carolina, all the establishments, ports,
havens, rivers, and principally the port and haven of the Isle Dauphine, heretofore
called Massacre; the river of St. Lewis, heretofore called Mississippi, from the edge
of the sea, as far as the Illinois, together with the river of St. Philip, heretofore called
the Missourys, and of St. Jerome, heretofore called Ouabache, with all the countries,
territories, lakes within land, and the rivers which fall directly or indirectly into that
part of the river St. Lewis.
The articles.
1. Our pleasure is, that all the aforesaid lands, countries, streams, rivers, and islands,
be and remain comprised under the name of the government of Louisiana, which shall
be dependent upon the general government of New France, to which it is subordinate;
and further, that all the lands which we possess from the Illinois, be united, so far as
occasion requires, to the general government of New France, and become part thereof,
reserving, however, to ourselves the liberty of enlarging, as we shall think fit, the ex-
tent of the government of the said country of Louisiana.
3. We permit him to search for, open, and dig all sorts of mines, veins, and miner-
als, throughout the whole extent of the said country of Louisiana, and to transport
the profits thereof into any port of France, during the said fifteen years; and we
grant in perpetuity to him, his heirs, and others, claiming under him or them, the
property of, in and to the mines, veins, and minerals, which he shall bring to bear,
paying us, in lieu of all claim, the fifth part of the gold and silver which the said
sieur Crozat shall cause to be transported to France, at his own charges, into what
port he pleases, (of which fifth we will run the risk of the sea and of war,) and the
tenth part of what effects he shall draw from the other mines, veins, and minerals;
which tenth he shall transfer and convey to our magazines in the said country of
Louisiana.
We likewise permit him to search for precious stones and pearls, paying us the fifth
part in the same manner as is mentioned for the gold and silver.
We will, that the said sieur Crozat, his heirs, or those claiming under him or them
the perpetual right, shall forfeit the propriety of the said mines, veins, and minerals,
if they discontinue the work during three years, and that in such case the said
mines, veins, and minerals, shall be fully reunited to our domain, by virtue of this
present article, without the formality of any process of law, but only an ordinance of
reunion from the subdelegate of the intendant of New France, who shall be in the
said country; nor do we mean that the said penalty of forfeiture, in default of work-
ing for three years, be reputed a comminatory penalty.
7. Our edicts, ordinances, and customs, and the usages of the mayoralty and shriev-
alty of Paris, shall be observed for laws and customs in the said country of Louisiana.
Given at Fontainebleau, the 14th day of September, in the year of grace 1712, and
of our reign the 70th.
LOUIS.
By the King :
: PHELIPEAUX, &c.
Registered at Paris, in the Parliament, the four and twentieth of September, 1712.
Crozat surrendered this grant to the Crown, and abandoned his colony in 1717.
September 6, 1717, it was granted by Louis XIV. to “The Company of the West,”
afterward the Company of the Indies (the Mississippi Commercial Company, on
which was based John Law’s Mississippi scheme). This failed, and the charter was
surrendered in 1730.
CESSION OF LOUISIANA BY FRANCE TO SPAIN.
November 3, 1762, France ceded to Spain that portion of the province of Louisiana
lying east of the Mississippi River and the city of New Orleans.
Fxtract from the order of the King of France to Mons. L'Abbadie, Director-General and Command-
ant for His Majesty in Louisiana, to deliver the province of Louisiana to the King of Spain.]
Mons. I’ABBADIE: By a special act, done at Fontainebleau, November 3d, 1762, of my
own will and mere motion, having ceded to my very dear and best beloved cousin, the
King of Spain, and to his successors, in full property, purely and simply, and without
any exceptions, the whole country known by the name of Louisiana, together with
THE LOUISIANA PURCHASE. 91
New Orleans, and the island in which the said city is situated ; and by another act,
done at the Escurial, November 13, in the same year, his catholic majesty having ac-
cepted the cession of the said country of Louisiana, and the city and island of New
Orleans, agreeable to the copies of the said acts, which you will find hereunto an-
nexed; I write you this letter, to inform you that my intention is, that on receipt of
these presents, whether they come to your hands by the officers of his catholic majesty,
or directly by such French vessels as may be charged with the same, you are to de-
liver up to the governor, or officer appointed for that purpose by the King of Spain,
the said country and colony of Louisiana, and the posts thereon depending, likewise
the city and island of New Orleans, in such state and condition as they shall be found
to be on the day of the said cession, willing that in all time to come they shall be-
long to his catholic majesty, to be governed and administered by his governors and
officers, and as possessed by him in full property, without any exceptions.
At the same time, I hope, for the prosperity and peace of the inhabitants of the col-
ony of Louisiana, and promise myself, from the friendship and affection of his catholic
majesty, that he will be pleased to give orders to his governor, and all other officers
employed in his service in the said colony, and in the city of New Orleans, that the
ecclesiastics and religious houses which have the care of the parishes, and of the mis-
sions, may continue to exercise their functions, and enjoy the rights, privileges, and
immunities, granted by their several charters of establishment; that the ordinary
judges do continue, together with the superior council, to administer jnstice according
to the laws, forms, and usages of the colonies; that the inhabitants be preserved and
maintained in their possessions; that they may be confirmed in the possession of their
estates, according to the grants which have been made by the governors and directors
of the colony, and that all the grants be holden and taken as confirmed by his catholic
majesty, even though not as yet confirmed by me. -
Hoping, above all, that his catholic majesty will be pleased to bestow on his new
colony of Louisiana, the same marks of protection and good will which they enjoyed
while under my dominion, and of which the misfortunes of war alone have prevented
their experiencing greater effects, I command you to cause my present letter to be
recorded in the superior council of New Orleans, to the end that the several estates of
the colony may be informed of its contents, and may have recourse thereto when neces-
sary. And the present being for no other purposes, I pray God, Mons. l'Abbadie, to
have you in his holy keeping. * OUIS
L tº
Given at Versailles, April 21, 1764.
Spain held under this treaty thirty-eight years. February 10, 1763, in a definitive
treaty of peace at Paris, between the King of Great Britain, the King of Spain, and the
King of France, the boundaries between their colonial and other possessions in America
were fixed, a line down the middle of the Mississippi River and through the Iberville
Lakes to the sea becoming the international boundary (to the west of the American colo-
nies), and the line between the possessions of France and Great Britain; Mobile and all the
French possessions east of the Mississippi River, except the town of New Orleans and
the island on which it stands, were awarded to Great Britain. By this same treaty
Spain ceded to England all her possessions east of the Mississippi River, and Great
Britain proceeded at once to organize this acquisition. By the proclamation of George
III., of October 7, 1763, the province of West Florida was constituted as extending
from the Mississippi River on the west to the Appalachicola on the east. During the
Revolutionary War, in 1778, the British troops in East Florida marched into Georgia,
capturing Savannah. The Spanish authorities of Louisiana, taking advantage of this
disposition of the British forces, organized an expedition to Florida, and had so far
succeeded in conquering both East and West Florida, that, npon the general pacifica-
tion at the close of the Revolutionary War, both provinces were retroceded to Spain.
LOUISIANA TRANSFERRED BACK TO FRANCE BY SPAIN.
Spain by the treaty of San Ildefonso, October 1, 1800, transferred the province of
Louisiana back to France. This was confirmed by the treaty of Madrid, March 21, 1801.
The territory of Louisiana west of the Mississippi River and the city of New Orleans
and island thereof had been already ceded by the King of France to the King of Spain,
as shown by the letter of delivery to Mons. l'Abbadie (at the time of the treaty at
Paris between the three Powers of Great Britain, France, and Spain, February 10,
1763). *
92 THE LOUISIANA PURCHASE.
When the United States obtained title by purchase in 1803 from France, she insisted
upon the ancient boundaries which France claimed for the province being maintained.
By treaty with Spain, October 27, 1795, the United States obtained acknowledgment
of the southern boundary line of the nation at 31° north latitude from the Mississippi
river going east, as defined by the British treaty of peace of 1783.
The fourth article of this treaty was:
It is likewise agreed that the western boundary of the United States, which separates
them from the Spanish colony of Louisiana, is in the middle of the channel or bed of
the river Mississippi, from the northern boundary of the said States to the completion
of the thirty-first degree of latitude north of the equator. And his catholic majesty
has likewise agreed that the navigation of the said river, in its whole breadth from its
source to the ocean, shall be free only to his subjects and the citizens of the United
States, unless he should extend this privilege to the subjects of other powers by special
2Onvention.
Propositions had been made in and prior to the Congress of the Confederation looking
toward a cession of the right of navigation of the Mississippi River to a foreign nation
for a pecuniary consideration to aid the war of the Revolution. It was contemplated
to offer it to Spain. The American minister at the court of Madrid suggested to the
Congress the cession of the navigation of the Mississippi River to Spain with a view to
procuring recognition from that country. A resolution was passed to that effect, and
an act of Congress followed giving the minister full authority to treat for its cession
upon the above conditions. This was bitterly opposed. Mr. Jay, Secretary of State,
Was called before the Congress and gave his views favoring a treaty of commerce with
Spain according to her the right to the navigation of the Mississippi for twenty-five
years. - *
The twenty-second article of this same Spanish treaty of October 27, 1795, was as fol-
lows:
ART. 22. The two high contracting parties, hopping that the good correspondence and
friendship which happily reigns between them will be further increased by this treaty,
and that it will contribute to augment their prosperity and opulence, will in future give
to their mutual commerce all the extension andfavor which the advantage of both coun-
tries may require. -
And in consequence of the stipulations contained in the IW article, his catholic
majesty will permit the citizens of the United States, for the space of three years from
this time, to deposit their merchandize and effects in the port of New Orleans, and to
export them from thence without paying any other duty than a fair price for the hire
of the stores; and his majesty promises either to continue this permission, if he finds
during that time that it is not prejudicial to the interests of Spain, or if he should not
agree to continue it there, he will assign to them on another part of the banks of the
Mississippi an equivalent establishment.
There was almost constant trouble between the United States and the Spanish au-
thorities during the period from 1795 to 1800. Spain in 1800 was in possession, or
claimed ownership, of all the territory south of the United States, now in Florida,
Alabama, Mississippi, Louisiana, and the entire Louisiana purchase, also the territory
embraced in the Texas annexation of 1845, and the Mexican cession.by the treaty of
Guadalupe Hidalgo.
Threats were made and fears incited of closing the Mississippi River and preventing
the transportation of the produce of the United States to the sea.
October 1, 1800, after the alliance, Spain, by the secret treaty of San Ildefonso, ceded
the province of Louisiana back to France with no restrictions as to limits, but with
her ancient boundaries as they were when France in 1762 ceded the province to Spain.
The consideration from France to Spain was the granting in succession to the Duke of
Parma (a Spanish prince, son-in-law of the King) of the Grand Duchy of Tuscany.
The clause of cession was as follows: “His catholic majesty promises and engages on
his part to retrocede to the Freuch Republic, six months after the full and entire ex-
ecution of the conditions and stipulations herein, relative to his royal highness the
Duke of Parma, the colony or province of Louisiana, with the same extent it now has
in the hands of Spain, and that it had when France possessed it, and such as it should
be after the treaty subsequently entered into between Spain and other States.”
, THE LOUISIANA PURCHASE. 93
This treaty was kept secret for a long time. President Jefferson at once, upon the
treaty being known, began to consider the necessity of obtaining at least a free right
of way and use of the Mississippi, or a purchase of a place of deposit in a portion of
the province of Louisiana. At this date but little was known of the area, resources,
physical character or condition of the territory west of the Mississippi, beyond a few
miles outside and in the rear of the settlements, on the right bank of the river, the re-
mainder being occupied by roving bands of savage. Indians. This ignorance of the
Great West was slightly broken by the explorations from Missouri and elsewhere in the
Red River country, New Mexico, and along the Pacific Coast, where there were a few
missions and some few straggling settlements and trading posts of Spanish, English,
Russians, or Americans. The provincial authorities in Louisiana Soon gave notice that,
in consequence of the changed conditions of the relations of Spain with Great Britain,
the privileges previously accorded to the United States had ceased, and that without a
new order from the King of Spain the stipulations as to deposit and navigation no longer
existed.
PRELIMINARY STEPS TOWARD THE ACQUIREMENT OF LOUISIANA BY THE UNITED STATES.
The acquisition of Louisiana by Napoleon Bonaparte was viewed with great alarm in
the United States.
The proximity of a neighbor with such eminent desires for and novel methods of
acquirement of territory was a serious question, in consideration of the fact that the
United States was not on the best terms with France, and had not been for several
years prior, beginning with the refusal of the French Directory, December 9, 1796, to
receive Mr. Pinckney as United States minister, followed by the act to protect the
commerce of the United States of date May 28, 1798, and the subsequent acts of like
character of date July 9, 1798, February 9, 1799, and July 27, 1800, to suspend com-
mercial intercourse with France. g”
France acquired Louisiana October 1, 1800. It was not delivered to France by the
Spanish authorities until November 30, 1803.
The United States, by a convention with France, at Paris, September 30, 1800, be-
tween Oliver Ellsworth, W. R. Davie, and W. W. Murry, on behalf of the United States,
and Joseph Bonaparte, Charles Pierre Claret Fleurieu, and Pierre Louis Roederer, on
behalf of France, settled all differences between the two Republics, and the conven-
tion was to remain in force eight years. -
The second and fifth articles of this convention were afterward the subject of much
controversy, for they related to rights claimed by the United States in virtue of the
treaty of Madrid with Spain (above cited) October 27, 1795.
Mr. Jefferson, soon after his inauguration, March 4, 1801, began diligently to ascer-
tain the character of the country in the province of Louisiana. In a letter to Mr. Liv-
ingston, at Paris, April 18, 1802, Mr. Jefferson regretted the cession of Louisiana to
France, and said: “There is on the globe one single spot the possessor of which is our
natural and habitual enemy. It is New Orleans—through which the produce of three-
eighths of our territory must pass to market; and from its fertility it will ere long
yield more than half of our whole produce and contain more than half of our inhab-
itants.” Railroads were not then contemplated. He deprecated the transfer to France,
whom he considered a vastly more dangerous neighbor than Spain. He says: “The
day that France takes possession of New Orleans fixes the sentence which is to retain
her forever below low-water mark.” -
Robert Livingston, United States minister to France, and Thomas Pinckney, United
States minister to Spain, were instructed by President Jefferson to inform the French
and Spanish Governments of the claims of the United States against Spain for viola-
tion of the treaty of Madrid in 1795, in relation to the navigation of the Mississippi
River. $
January 10, 1803, James Monroe, of Virginia, was accredited to France as minister
plenipotentiary and envoy extraordinary on behalf of the United States, and in con-
94 - THE LOUISIANA PURCEIASE.
nection with gentlemen above-named was to negotiate a convention or treaty to se-
cure the right of way to the Mississippi for the citizens of the United States. The
nominations were confirmed by the Senate, and an appropriation of $2,000,000 was
made for the purposes of the mission. - *
Mr. Jefferson in the entire correspondence relating to this purchase was impressed
with the desirability of getting rid of all foreign neighbors of a warlike and territory-
trading propensity. He considered that the future of the country rested upon the ac-
quisition of a continental republic from ocean to ocean and from the Lakes to the Gulf.
JHe objected to contiguous neighbors who would, with the signature of a sovereign,
make French from Spanish citizens or vice versa, or perhaps begin a war with the
{United States, claim a nominal victory, cede “conquered ” territory, and then join
with the nation to whom the cession was made for a war to complete title.
His policy was to select our neighbors, and they to be of the best and most peaceful
-character. He did not wish to see Louisiana, a Gallo-American province.
It was claimed for many years after the recognition of the United States by Great
JBritain in 1783, and up to 1800, that the Spanish authorities and English were conniv-
ing at and aiding to cause a separation of the West and South from the East. Dur-
ing 1796–97, and the troubles with France, war was anxiously desired by the Spanish
authorities in America. [See case of Blount, Senator from Tennessee, as to British in-
terferences in 1797.] -
THE ACQUIREMENT OF LOUISIANA BY THE UNITED STATES.
After the definitive treaty of peace with Great Britain, September 3, 1783, up to the
year 1800, the question of the permanence of the United States and the retention of
her vast area seemed to be of serious interest to Europe. She was menaced with war
by France, harassed by Great Britain, and had navigation and boundary troubles with
Spain. There were many reasons why the United States should acquire Louisiana,
and the control of the Mississippi River thereby, and as many on the side of France
that she should sell it. The ministers of the United States at Paris, Madrid, and Lon-
ºdon had been charged, after the alliance between France and Spain, to prevent, if pos-
sible, the cession to France by Spain of Louisiana and Florida. The cession of Louisiana
was made, as above noted, October 1, 1800. France was urged after this treaty to
consent to the sale of the city of New Orleans and the island of that name in the
Province of Louisiana to the United States. Mr. Livingston, our minister to France,
failed to convince Bonaparte, First Consul, of the necessity of his selling the province,
and wrote to President Jefferson in November, 1802, that a special expedition was
being fitted out to sail to and occupy the province.
October 16, 1802, Don Morales, Spanish intendant of Louisiana, issued a proclama-
tion prohibiting the further use by the United States of the city of New Orleans as a
place of deposit for merchandise, as guaranteed by the treaty of 1795, and failed to
designate another point or place on the river for such purpose. Great excitement
ensued throughout the United States. The legislature of Kentucky remonstrated, and
public meetings were held for the same purpose. Congress also remonstrated, and the
right was afterward restored.
President Jefferson, December 15, 1802, notified Congress of the cession of Louisiana
to France, and of the action of the Spanish authorities at New Orleans. Excitement
sensued in Congress, but finally President Jefferson obtained the consent of the Senate
to the confirmation of Mr. Monroe (armed with an appropriation of $2,000,000) to pro-
ceed to France, and, in connection with Mr. Livingston, minister of the United States
at Paris, to treat with France for the cession of New Orleans and the island of New
‘Orleans, and Florida. Mr. Livingston held to the opinion at that time that the United
States would never be able to acquire New Orleans by treaty or purchase, and that it
rought to be taken, at once, by force.
Mr. Monroe, upon his arrival in France, found Bonaparte meditating on and in dan-
ger of a rupture with Great Britain. Just before his arrival, M. Talleyrand had
THE LOUISIANA PURCHASE. 95
requested Mr. Livingston to make an offer on behalf of the United States for the
province of Louisiana entire. This was an authority he did not possess. The inten-
tion of the United States, as he understood, was to purchase only New Orleans and
island and the Floridas, or the western part of them. These negotiations were con-
ducted under the personal supervision of the First Consul. He said he wanted money
for War, that he would only cede the whole Province of Louisiana, and that he wanted
50,000,000 of francs for it. Secrecy was to be observed. Mr. Livingston refused to
offer more than 30,000,000 francs, and asserted that he had no power to treat for the
cession of the entire province.
It was supposed at the time that instructions were issued to our ministers that the
treaty of cession by Spain to France included the entire Province of Louisiana and
the Floridas, but it was found shortly afterward that it ceded Louisiana only. If
France declined to sell, our ministers were to open negotiations with Great Britain, so
as to prevent France taking possession of the province.
M. Barbé Marbois (Marquis of Barbé Marbois), who was then at the head of the
treasury of France, had conducted the negotiations with Mr. Livingston. He had
formerly been secretary of the French legation to the United States, and was person-
ally known to Mr. Monroe. *-
Mr. Monroe arrived April 12, 1803. M. Marbois, the next day, asked immediate action.
After consultation, the two ministers, on behalf of the United States, offered France
50,000,000 of francs, with an offset in the shape of such claims in favor of citizens of
the United States against France as should be established, estimated at from 20,000,000
to 25,000,000 francs. This was declined.
The ministers of the United States were embarrassed by the fact that the tender of
territory was beyond their instructions to buy or receive. Rumors of a large English
fleet sailing for Louisiana for the purpose of capturing it were rife, and the English
press were urgent in demanding such action.
Bonaparte had no doubt intended just before this period to send the French fleet,
then at St. Domingo, to Louisiana, to receive and hold it. Bernadotte, afterward
King of Sweden, was to be the governor. The negotiations were entirely secret.
Spain had not yet transferred the province to the possession of France. In the treaty
of San Ildefonso there was a provision for preference to Spain in future disposition.
M. Marbois insisted upon 80,000,000 francs, which was agreed to on condition that
20,000,000 francs of the sum should be assigned to the payment of claims due by France
to citizens of the United States, if they should amount to so much. -
It is said that when Bonaparte gave instructions to M. Marbois in regard to the
cession, he stated that, from the nature of the new combination forming against him
in Europe, he was forced to sell the entire province, or hold it at a great sacrifice
of men and money, and, probably, be compelled to see it captured. He preferred to
transfer it to the United States, adding that whatever nation held the valley of the
Mississippi would eventually be the most powerful on earth, and that, consequently,
he preferred a friendly nation should possess it rather than an enemy of France.
THE CESSION OF LOUISIANA TO THE UNITED STATES.
The cession was made in three separate treaties or conventions, of even date, April
30, 1803. First, a treaty of cession; next, a convention stipulating method, manner,
and time of payment of the purchase money; and last, a convention providing that
the claims of citizens of the United States against France were to be paid at the
United States Treasury to the amount of $3,750,000, on orders from the minister of
the United States to France, which were to be given on the joint judgment or conclu-
sion of the French bureau to which these claims were referred, and a board of three
commissioners on behalf of the United States to be appointed—final decision, on cer-
tificate of difference of opinion, to lie in the minister of finance of France.
96 THE LOUISIANA PURCHASE.
Treaty of cession between the United States of America and the French Republic. Concluded
April 30, 1803.
The President of the United States of America, and the First Consul of the French
Republic, in the name of the French people, desiring to remove all source of misunder-
standing relative to objects of discussion mentioned in the second and fifth articles of
the convention of the 8th Vendémiaire, an. 9 (30th September, 1800) relative to the
rights claimed by the United States in virtue of the treaty concluded at Madrid, the
27th of October, 1795, between his catholic majesty and the said United States, and
willing to strengthen the union and friendship which at the time of the said conven-
tion was happily re-established between the two nations, have respectively named
their plenipotentiaries, to wit: the President of the United States [of America], by
and with the advice and consent of the Senate of the said States, Robert R. Livingston,
minister plenipotentiary of the United States, and James Monroe, minister plenipo-
tentiary and envoy extraordinary of the said States, near the government of the
French Republic; and the First Consul, in the name of the French people, Citizen
Francis Barbé Marbois, minister of the public treasury; who, after having respect-
tively exchanged their full powers, have agreed to the following articles:
ART. I. Whereas by the article the third of the treaty concluded at St. Ildefonso, the
9th Vendémiaire, an. 9 (1st October, 1800,) between the First Consul of the French Re-
public and his catholic majesty, it was agreed as follows: “His catholic majesty promises
and engages on his part, to cede to the French Republic, six months after the full and
entire execution of the conditions and stipulations herein relative to his royal highness
the Duke of Parma, the colony or province of Louisiana, with the same extent that it
now has in the hands of Spain, and that it had when France possessed it, and such as it
should be after the treaties subsequently entered into between Spain and other States.”
And whereas, in pursuance of the treaty, and particularly of the third article, the
French Republic has an incontestible title to the domain and to the possession of the .
said territory: The First Consul of the French Republic desiring to give to the United
States a strong proof of his friendship, doth hereby cede to the said United States, in
the name of the French Republic, forever and in full sovereignty, the said territory,
with all its rights and appurtenances, as fully and in the same manner as they have
been acquired by the French Republic, in virtue of the above-mentioned treaty, con-
cluded with his catholic majesty.
ART. II. In the cession made by the preceding article are included the adjacent islands
belonging to Louisiana, all public lots and squares, vacantlands, and all public buildings,
fortifications, barracks, and other edifices which are not private property. The archives,
papers, and documents, relative to the domain and sovereignty of Louisiana and its de-
pendences, will be left in the possession of the commissaries of the United States, and
copies will be afterwards given in due form to the magistrates and municipal officers
of such of the said papers and documents as may be necessary to them.
ART. III. The inhabitants of the ceded territory shall be incorporated in the Union of
the United States, and admitted as soon as possible, according to the principles of the
Federal Constitution, to the enjoyment of all the rights, advantages, and immunities of
citizens of the United States; and in the mean time they shall be maintained and pro-
: in the free enjoyment of their liberty, property, and the religion which they
profess. *
ART. IV. There shall be sent by the government of France a commissary to Louisiana,
to the end that he do every act necessary, as well to receive from the officers of his
catholic majesty the said country and its dependences, in the name of the French Re-
public, if it has not been already done, as to transmit it in the name of the French
Republic to the commissary or agent of the United States.
ART. W. Immediately after the ratification of the present treaty by the President of
the United States, and in case that of the First Consul shall have been previously ob-
tained, the commissary of the French Republic shall remit all military posts of New
Orleans, and other parts of the ceded territory, to the commissary or commissaries
named by the President to take possession; the troops, whether of France or Spain,
who may be there, shall cease to occupy any military post from the time of taking
possession, and shall be embarked as soon as possible, in the course of three months after
the ratification of this treaty.
ART. VI. The United States promise to execute such treaties and articles as may
have been agreed between Spain and the tribes and nations of Indians, until, by
mutual consent of the United States and the said tribes or nations, other suitable arti.
cles shall have been agreed upon. •
ART. VII. As it is reciprocally advantageous to the commerce of France and the
United States to encourage the communication of both nations for a limited time in the
country ceded by the present treaty, until general arrangements relative to the commerce
of both nations may be agreed on ; it has been agreed between the contracting parties,
that the French ships coming directly from France or any of her colonies, loaded only
with the produce and manufactures of France or her said colonies; and the ships of
THE LOUISIANA PURCHASE. 97
Spain coming directly from Spain or any of her colonies, loaded only with the produce
or manufactures of Spain or her colonies, shall be admitted during the space of twelve
years in the port of New Orleans, and in all other legal ports of entry within the ceded
territory, in the same manner as the ships of the United States coming directly from
France or Spain, or any of their colonies, without being subject to any other or greater
duty on merchandize, or other or greater tonnage than that paid by the citizens of
the United States.
During the space of time above mentioned, no other nation shall have a right to the
same privileges in the ports of the ceded territory ; the twelve years shall commence
three months after the exchange of ratifications, if it shall take place in France, or
three months after it shall have been notified at Paris to the French Government, if it
shall take place in the United States; it is, however, well understood that the object
of the above article is to favor the manufactures, commerce, freight and navigation of
France and of Spain, so far as relates to the importations that the French and Spanish
shall make into the said ports of the United States, without in any sort affecting the
regulations that the United States may make concerning the exportation of the pro-
duce and merchandize of the United States, or any right they may have to make such
regulations. -
ART. VIII. In future and forever after the expiration of the twelve years, the ships
of France shall be treatéd upon the footing of the most favoured nations in the ports
above mentioned.
ART. IX. The particular convention signed this day by the respective ministers, hav-
ing for its object to provide for the payment of debts due to the citizens of the United
States by the French Republic prior to the 30th September, 1800 (8th Vendémiaire, an.
9), is approved, and to have its execution in the same manner as if it had been inserted
in this present treaty; and it shall be ratified in the same form and in the same time,
so that the one shall not be ratified distinct from the other. -
Another particular convention signed at the same date as the present treaty relative
to a definitive rule between the contracting parties is in the like manner approved,
and will be ratified in the same form, and in the same time, and jointly.
ART. X. The present treaty shall be ratified in good and due form, and the ratifica-
tions shall be exchanged in the space of six months after the date of the signature by
the ministers plenipotentiary, or sooner if possible.
In faith whereof, the respective plenipotentiaries have signed these articles in the
French and English lauguages; declaring nevertheless that the present treaty was
originally agreed to in the French language; and have thereunto affixed their seals.
Done at Paris the tenth day of Floréal, in the eleventh year of the French Republic,
and the 30th of April, 1803.
ROBT. R. LIVINGSTON. [L. s.]
JAS. MONROE. [L. S. J
F. BARBE MARBOIS. [L. S.]
Convention between the United States of 4; gºd the French Republic. Concluded April
| 30, 1803.
The President of the United States of America and the First Consul of the French
Republic, in the name of the French people, in consequence of the treaty of cession of
Louisiana, which has been signed this day, wishing to regulate definitively everything
which has relation to the said cession, have authorized to this effect the plenipoten-
tiaries, that is to say: the President of the United States has, by and with the advice
and consent of the Senate of the said States, nominated for their plenipotentiaries,
Robert R. Livingston, minister plenipotentiary of the United States, and James Monroe,
minister plenipotentiary and envoy extraordinary of the said United States, near the
Government of the French Republic; and the First Consul of the French Republic, in
the name of the French people, has named as plenipotentiary of the said Republic, the
citizen Francis Barbé Marbois; who, in virtue of their full powers, which have been
exchanged this day, have agreed to the following articles:
ARTICLE I. The Government of the United States engages to pay to the French Gov-
<rnment, in the manner specified in the following article, the sum of sixty millions of
francs, independent of the sum which shall be fixed by another convention for the
payment of the debts due by France to citizens of the United States.
ART. II. For the payment of the sum of sixty millions of francs, mentioned in the pre-
ceding article, the United States shall create a stock of eleven millions two hundred and
fifty thousand dollars, bearing an interest of six per cent. per annum, payable half-yearly
in London, Amsterdam, or Paris, amounting by the half-year to three hundred and
thirty-seven thousand five hundred dollars, according to the proportions which shall
be determined by the French Government to be paid at either place; the principal of
the said stock to be reimbursed at the Treasury of the United States, in annual pay-
ments of not less than three millions of dollars each, of which the first payment shall
commence fifteen years after the date of the exchange of ratifications: this stock shall
7 L O—WOL III
98 - THE LOUISIANA PURCEIASE.
be transferred to the Government of France, or to such person or persons as shall be
authorized to receive it, in three months at most after the exchange of the ratifica-
tions of this treaty, and after Louisiana shall be taken possession of in the name of
the Government of the United States. -
It is further agreed, that if the French Government should be desirous of disposing
of the said stock to receive the capital in Europe, at shorter terms, that its measures
for that purpose shall be taken so as to favor, in the greatest degree possible, the credit
of the United States, and to raise to the highest price the said stock.
ART. III. It is agreed that the dollar of the United States, specified in the present
convention, shall be fixed at five francs ####, or five livres eight Sous tournois.
The present convention shall be ratified in good and due form, and the ratification
shall be exchanged in the space of six months to date from this day, or sooner if
ossible. -
p In faith of which, the respective plenipotentiaries have signed the above articles,
both in the French and English languages, declaring, nevertheless, that the present
treaty has been originally agreed on and written in the French language; to which
they have hereunto affixed their seals.
Done at Paris the tenth of Floréal, eleventh year of the French Republic (30th April,
1803).
ROBT. R. LIVINGSTON. [L. s.]
JAS. MONROE. [L. S.]
BARBE MARBOIS. [L. S.]
The second convention was as follows:
Convention between the United States of America and the French Republic.
The President of the United States of America and the First Consul of the French Re-
public, in the name of the French people, having by a treaty of this date terminated
all difficulties relative to Louisiana, and established on a solid foundation the friend-
ship which unites the two nations, and being desirous, in compliance with the second
and fifth articles of the convention of the 8th Wendemiaire, ninth year of the French
Republic (30th September, 1800), to secure the payment of the sum due by France to
the citizens of the United States, have respectively nominated as plenipotentiaries,
that is to say: the President of the United States of America, by and with the advice
and consent of their Senate, Robert R. Livingston, minister plenipotentiary, and James
Monroe, minister plenipotentiary and envoy extraordinary of the said States, near the
government of the French Republic; and the First Consul, in the name of the French
people, the French citizen Barbé Marbois, minister of the public treasury; who, after
having exchanged their full powers, have agreed to the following articles:
ARTICLE I. The debts due by France to citizens of the United States, contracted be-
fore the 8th of Wendemiaire, ninth year of the French Republic (30th September, 1800),
shall be paid according to the following regulations, with interest at six per cent. to
commence from the periods when the accounts and vouchers were presented to the
French Government.
ART. II. The debts provided for by the preceding article are those whose result is
comprised in the conjectural note annexed to the present convention, and which, with
the interest, cannot exceed the sum of twenty millions of francs. The claims com:
prised in the said note which fall within the exceptions of the following articles, shall
not be admitted to the benefit of this provision.
ART. III. The principal and interest of the said debts shall be discharged by the United
States, by orders drawn by their minister plenipotentiary on their Treasury; these
orders shall be payable sixty days after the exchange of ratifications of the treaty and
the conventions signed this day, and after possession shall be given of Louisiana by
the commissioners of France to those of the United States.
ART. IV. It is expressly agreed,that the preceding articles shall comprehend no debts
but such as are due to citizens of the United States, who have been and are yet cred-
itors of France, for supplies, for embargoes, and prizes made at sea, in which the appeal
has been properly lodged within the time mentioned in the said convention of the
8th Wendemiaire, ninth year, (30th September, 1800).
ART. W. The preceding articles shall apply only, 1st, to captures of which the coun-
cil of prizes shall have ordered restitution, it being well understood that the claimant
cannot have recourse to the United States otherwise than he might have had to the
Government of the French Republic, and only in case of the insufficiency of the captors;
2d, the debts mentioned in the said fifth article of the convention contracted before
the 8th Wendemiaire, an. 9, (30th September, 1800), the payment of which has been
heretofore claimed of the actual government of France, and for which the creditors
have a right to the protection of the United States; the said fifth article does not com-
prehend prizes whose condemnation has been or shall be confirmed: it is the express
intention of the contracting parties not to extend the benefit of the present convention
THE LOUISIANA PURCHASE. 99
to reclamations of American citizens, who shall have established houses of commerce
in France, England, or other countries than the United States, in partnership with
foreigners, and who by that reason and the nature of their commerce ought to be re-
garded as domiciliated in the places where such houses exist. All agreements and bar-
gains concerning merchandise, which shall not be the property of American citizens,
are equally excepted from the benefit of the said convention, saving, however, to such
persons their claims in like manner as if this treaty had not been made.
ART. VI. And that the different questions which may arise under the preceding article
may be fairly investigated, the ministers plenipotentiary of the United States shall
name three persons, who shall act from the present and provisionally, and who shall
have full power to examine, without removing the documents, all the accounts of the
different claims already liquidated by the bureau established for this purpose by the
Trench Republic, and to ascertain whether they belong to the classes designated by the
present convention and the principles established in it; or if they are not in one of its
exceptions, and on their certificate, declaring that the debt is due to an American cit-
izen or his representative, and that it existed before the 8th Wendemiaire, 9th year,
(30th September, 1800), the creditor shall be entitled to an order on the Treasury of the
United States, in the manner prescribed by the third article.
ART. VII. The same agents shall likewise have power, without removing the docu-
ments, to examine the claims which are prepared for verification, and to certify those
Which ought to be admitted by uniting the necessary qualifications, and not being com-
prised in the exceptions contained in the present convention. -
ART. VIII. The same agents shall likewise examine the claims which are not pre-
pared for liquidation, and certify in writing those which in their judgments ought to
be admitted to liquidation.
ART. IX. In proportion as the debts mentioned in these articles shall be admitted,
§ shall be discharged, with interest at six per cent, by the Treasury of the United
ates.
ART. X. And that no debt which shall not have the qualifications above mentioned,
and that no unjust or exorbitant demand may be admitted, the commercial agent of
the United States at Paris, or such other agent as the minister plenipotentiary of the
United States shall think proper to nominate, shall assist at the operations of the
bureau and co-operate in the examination of the claims; and if this agent shall be of
opinion that any debt is not completely proved, or if he shall judge that it is not com-
prised in the principles of the fifth article above mentioned; and if, notwithstanding
his opinion, the bureau established by the French Government should think that it
ought to be liquidated, he shall transmit his observations to the board established by
the United States, who, without removing documents, shall make a complete exam-
ination of the debt and vouchers which support it, and report the result to the min-
ister of the United States. The minister of the United States shall transmit his ob-
servations in all such cases to the minister of the treasury of the French Republic, on
whose report the French Government shall decide definitively in every case.
The rejection of any claim shall have no other effect than to exempt the United
States from the payment of it, the French Government reserving to itself the right
to decide definitively on such claim so far as it concerns itself.
ART. XI. Every necessary decision shall be made in the course of a year, to com-
º from the exchange of ratifications, and no reclamation shall be admitted after-
WarC1. - -
ART. XII. In case of claims for debts contracted by the Government of France with
citizens of the United States since the 8th Vendemiaire, ninth year, (30th September,
1800), not being comprised in this convention, may be pursued, and the payment de-
manded in the same manner as if it had not been made. ,
ART. XIII. The present convention shall be ratified in good and due form, and the rat-
ifications shall be exchanged in six months from the date of the signature of the
ministers plenipotentiary, or sooner if possible. •
In faith of which, the respective ministers plenipotentiary have signed the above
articles, both in the French and English languages, declaring nevertheless that the
present treaty has been originally agreed on and written in the French language; to
which they have hereunto affixed their seals.
Done at Paris, the tenth day of Floréal, eleventh year of the French Republic, 30th
April, 1803.
ROBERT R. LIVINGSTON. [L. s.]
JAMES MONROE. [L. S.]
BARBE MARBOIS. [L. S.]
Mr. Monroe transmitted the treaty and conventions to President Jefferson, and then
proceeded to London as minister of the United States.
100 THE LOUISIANA PURCHASE.
POLITICAL ACTION UPON THE TREATY.
President Jefferson had always been a strict constructionist of the Constitution.
The reception of this treaty, which acquired an immense province, embarrassed him,
as he knew of no warrant in the Constitution for such a purchase, and had only
authorized the purchase of a place of deposit and dock-yard. He had always denied
to the National Government any powers not specifically conferred upon it by the Con-
stitution. He could not find a clause in the Constitution which gave Congress any
express power to appropriate money to purchase additional territory.
In his private correspondence he stated this difficulty, suggesting an amendment to
the Constitution. The treaty required mutual exchange of ratifications within six
months. He proposed calling Congress, have the money appropriated, and cure the act
by a subsequent amendment to the Constitution. The power of acquisition of ferri-
tory could be alone charged to the general power of Congress to make and collect taxes
and revenues with which to pay the expenses and debts of the nation, and to provide for
the common defense and general welfare of the United States. President Jefferson,
Py proclamation, called an extra session of Congress, to meet October 17, 1803, to con-
sider this subject. In his message of that date he called full attention to this treaty,
and special attention to the provisional appropriation of $2,000,000 made January 10,
1803, intended as a part of the price, and stated that this was considered as conveying
the sanction of Congress to the acquisition proposed. This message made no mention
of the claim of there being no warrant in the Constitution to purchase.
The Senate, October 19, 1803, ratified the treaty. Bonaparte's ratification was in
Washington, in the hands of M. Pinchon, the French chargé de affaires, and on the 21st
the ratifications were exchanged and the treaty was closed.
October 21, 1803, the President sent a special message to Congress, calling attention
to the completion of the ratification, and also suggesting the necessity of an appro-
priation and laws for the occupation and government of the acquired territory.
A lengthy political debate ensued in the House. The necessity for the consent of
Spain to the acquisition of the province was urged, and a motion calling on the Presi-
dent for a copy of the treaty between France and Spain (the treaty of Ildefonso) and
for evidence that Spain, in whose hands the province still remained, was ready to make
delivery of the same. This motion was defeated by a majority of two votes. John
Randolph, of Roanoke, Va., moved that provision should be made for carrying the
treaty and the conventions into operation. This, after earnest debate, was adopted
October 25th by 90 ayes to 25 nays. .
The King of Spain's minister represented to the United States that France had made
an alienation in this cession which she had promised never to make without first consult-
ing Spain.
THE UNITED STATES TAKES POSSESSION OF LOUISIANA,
October 23, 1803, the following act was approved:
AN ACT to enable the President of the United States to take possession of the territories ceded by
France to the United States, by the treaty concluded at Paris on the thirtieth of April last; and for the
temporary government thereof. -
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That the President of the United States be, and he is hereby,
authorized to take possession of, and occupy, the territory ceded by France to the
United States, by the treaty concluded at Paris on the thirtieth day of April last, between
the two nations; and that he may, for that purpose, and in order to maintain in the
said territories the authority of the United States, employ any part of the army and
nºvy of the United States, and of the force authorized by an act passed the third day of
March last, entitled “An act directing a detachment from the militia of the United
States, and for erecting certain arsenals,” which he may deem necessary; and so much
of the sum appropriated by the said act as may be necessary, is hereby appropriated
for the purpose of carrying this act into effect; to be applied under the direction of
the President of the United States. *
SEC. 2. And be it further enacted, That, until the expiration of the present session of
Congress, unless provision for the temporary government of the said territories be
Sooner made by Congress, all the military, civil, and judicial powers, exercised by the
THE LOUISIANA PURCHASE. 101
officers of the existing government of the same, shall be vested in such person and
persons, and shall be exercised in such manner, as the President of the United States
shall direct, for maintaining and protecting the inhabitants of Louisiana in the free
enjoyment of their liberty, property, and religion.
November 10, 1803, an act was approved creating a stock (bonds) to the amount of
$11,250,000 for the purpose of carrying into effect the first convention under the above
treaty, and making provision for paying the same. This was carried into effect, the
stock issued, delivered to the agent of France, and duly acknowledged. The financial
agents were Messrs. Hope and Labouchére, of Amsterdam, and the Barings, of London.
November 10, 1803, an act was approved making provision for payment of claims of
citizens of the United States on the government of France, the payment of which had
been assumed by the United States by virtue of the convention (2) of the 30th of
April under the treaty. - t
President Jefferson at once proceeded to occupy and get actual possession of the
province, which had been ordered to be delivered to France by writ of the King of
Spain, dated Barcelona, October 15, 1802, General Victor to receive it on the part of
France, or any other officer duly authorized by the Republic of France.
November 30, 1803, at New Orleans, Pierre Clement Laussat, colonial prefect, com-
missioner on the part of France, received the colony and province of Louisiana from El
Marquez de Casa Calvo, commissioner on the part of Spain, under an order of Febru-
ary 18, 1803. This was only twenty days prior to its transfer by France to the commis-
sioners on the part of the United States. The manner of taking and receiving posses-
sion by the United States was as detailed in the following official paper:
Message from the President of the United States to Congress, January 16, 1804.
In execution of the act of the present session of Congress for taking possession of
Louisiana, as ceded to us by France, and for the temporary government thereof, Gov-
ernor Claibourne, of the Mississippi Territory, and General Wilkinson were appointed
commissioners to receive possession. They proceeded, with such regular troops as had
been assembled at Fort Adams from the nearest posts, and with some militia of the
Mississippi Territory, to New Orleans. To be prepared for anything unexpected which
might arise out of the transaction, a respectable body of militia was ordered to be in
readiness in the States of Ohio, Kentucky, and Tennessee, and a part of those of Ten-
nessee was moved on to the Natchez. No occasion, however, arose for their services.
Our commissioners, on their arrival at New Orleans, found the province already deliv-
ered by the commissaries of Spain to that of France, who delivered it over to them on
the 20th day of December, as appears by their declaratory act accompanying this. Gov-
ernour Claiborne, being duly invested with the powers heretofore exercised by the gov-
ernour and intendant of Louisiana, assumed the government on the same day, and, for
the maintenance of law and order, immediately issued the proclamation and address
now communicated.
On this important acquisition, so favorable to the immediate interests of our west-
ern citizens, so auspicious to the peace and security of the Nation in general, which
adds to our country territories so extensive and fertile, and to our citizens new breth-
ren to partake of the blessings of freedom and self-government, I offer to Congress
and our country my singere congratulations.
TH: JEFFERSON,
IReport of Commissioners.
CITY OF NEW ORLEANs,
December 20, 1803.
SIR: We have the satisfaction to announce to you that the province of Louisiana
was this day surrendered to the United States by the commissioner of France; and to
add, that the flag of our country was raised in this city amidst the acclamations of the
inhabitants.
The enclosed is a copy of an instrument in writing, which was signed and exchanged
by the commissioners of the two governments, and is designed as a record of this inter-
esting transaction. -
Accept assurances of our respectful consideration. t
WILLIAM C. C. CLAIBORNE.
JA: WILKINSON.
The Hon. JAMES MADISON,
Secretary of State, City of Washington.
102 THE LOUISIANA PURCHASE.
The undersigned William C. C. Claiborne and James Wilkinson, commissioners or
agents of the United States, agreeable to the full powers they have received from
Thomas Jefferson, President of the United States, under date of the 31st October, 1803,
“nd twenty-eighth year of the Independence of the United States of America, (8 Bru.
unaire, 12 year of the French Republick) countersigned by the Secretary of State, James
Madison, and citizen Peter Clement Laussat, colonial prefect, and commissioner of the
French Government for the delivery in the name of the French Republick of the coun-
try, territories and dependencies of Louisiana, to the commissioners or agents of the
United States, conformably to the powers, commission, and special mandate which he
has received in the name of the French people from citizen Buonaparte, First Consul,
under date of the 9th June, 1803, (17 Prairial, 11 year of the French Republick) coun.
tersigned by the secretary of state, Hugues Maret, and by his excellency the minister
of marine and colonies, Decres, do certify by these presents, that on this day,Tuesday
the 20th December, 1803 of the Christian era, (28th Frimaire, 12 year of the French Re-
publick) being convened in the hall of the Hotel de Ville of New Orleans, accompanied
on both sides by the chiefs and officers of the army and navy, by the municipality and
divers respectable citizens of their respective republicks, the said William C. C. Clai-
borne and James Wilkinson delivered to the said citizen Laussat their aforesaid full
powers, by which it evidently appears that full power and authority has been given
them jointly and severally to take possession of and to occupy the territories ceded by
France to the United States by the treaty concluded at Paris on the 30th day of April
last past, (10th Floreal) and for that purpose to repair to the said territory and there
to execute and perform all such acts and things, touching the premises, as may be nec-
essary for fulfilling their appointment conformable to the said treaty and laws of the
United States; and thereupon the said citizen Laussat declared that in virtue of and
in the terms of the powers, commission and special mandate dated at St. Cloud, 6th
June 1803 of the Christian era (17th Prairial 11 year of the French Republick) he put
from that moment the said commissioners of the United States in possession of the
country, territories and dependencies of Louisiana, conformably to the 1.2, 4, and 5th
articles of the treaty and the two conventions, concluded and signed the 30 April 1803,
(10 Floreal 11th year of the French Republick) between the French Republick and the
United States of America by citizen Francis Barbe Marbois, minister of the publick
treasury, and Messieurs Robert R. Livingston and James Monroe, ministers plenipoten-
tiary of the United States, all three furnished with full powers, of which treaty and
two conventions the ratifications, made by the First Consul of the French Republick,
on the one part, and by the President of the United States, by and with the advice and
consent of the Senate, on the other part, have been exchanged and mutually received
at the city of Washington, the 21 October 1803, 28 Windemaire 12 year of the French
Republick, by citizen Louis Andre Pichon, charge des affaires of the French Republick,
near the United States, on the part of France, and by James Madison, Secretary of
State of the United States, on the part of the United States, according to the process
terbal drawn up on the same day; and the present delivery of the country is made to
them, to the end that, in conformity with the object of the said treaty, the sovereignty
and property of the colony or province of Louisiana may pass to the said United States,
under the same clauses and conditions as it had been ceded by Spain to France, in vir-
tue of the treaty concluded at St. Ildefonso, on the 1 October, 1800 (9th Windemiaire,
9 year) between these two last powers, which has sinee received its execution by the
actual re-entrance of the French Republick into possession of the said colony or province.
And the said citizen Laussat in consequence, at this present time, delivered to the
said commissioners of the United States, in this publick sitting, the keys of the city
of New Orleans, declaring that he discharges from their oaths of fidelity towards the
French Republick, the citizens and inhabitants of Louisiana, who shall choose to re-
main under the dominion of the United States.
And that it may for ever appear, the undersigned have signed the process verbal of
this important and solemn act, in the French and English languages, and have sealed
it with their seals, and have caused it to be countersigned by their secretaries of com-
mission, the day, month and year above written.
WM. C. C. CLAIBORNE. [L. s.]
JAMES WILKINSON. [L. s.]
LAUSSAT. [L. S.]
Proclamation
By his excellency William C. C. Claiborne, Governour of the Mississippi Territory,
exercising the powers of governour-general and intendant of the province of Lou-
1Slalla. *
Whereas, by stipulations between the governments of France and Spain, the latter
ceded to the former the colony and province of Louisiana, with the same extent which
it had at the date of the above-mentioned treaty in the hands of Spain, and that it had
when France possessed it, and such as it ought to be after the treaties subsequently
THE LOUISIANA PURCHASE. 103
entered into between Spain and other states; and whereas the government of France
has ceded the same to the United States by a treaty duly ratified, and bearing date
the 30th of April, in the present year, and the possession of said colony and province
is now in the United States, according to the tenour of the last-mentioned treaty; and
whereas the Congress of the United States, on the 31st day of October, in the present
year, did enact that until the expiration of the session of Congress then sitting,(unless
provisions for the temporary government of the said territories be sooner made by Con-
gress,) all the military, civil and judicial powers, exercised by the then existing gov-
ernment of the same, shall be vested in such person or persons, and shall be exercised
in such manner, as the President of the United States shall direct, for the maintaining
and protecting the inhabitants of Louisiana in the free enjoyment of their liberty,
property and religion; and the President of the United States has by his commission,
bearing date the same 31st day of October, invested me with all the powers, and
charged me with the several duties heretofore held and exercised by the governour-
general and intendant of the province: -
I have, therefore, thought fit to issue this my proclamation, making known the
premises, and to declare, that the government heretofore exercised over the said province .
of Louisiana, as well under the authority of Spain as of the French Republick, has
ceased, and that of the United States of America is established over the same ; that the
inhabitants thereof will be incorporated in the union of the United States, and ad-
mitted as soon as possible, according to the principles of the Federal Constitution, to
the enjoyment of all the rights, advantages and immunities of citizens of the United.
States; that in the mean time they shalſ be maintained and protected in the free en-
joyment of their liberty, property and the religion which they profess; that all laws
and municipal regulations, which were in existence at the cessation of the late govern-
ment, remain in full force; and all civil officers charged with their execution, except
those whose powers have been specially vested in me, and except also such officers as
have been entrusted with the collection of the revenue, are continued in their func-
tions, during the pleasure of the governour for the fime being, or until provision shall
otherwise be made.
And I do hereby exhort and enjoin all the inhabitants, and other persons within the
said province, to be faithful and true in their allegiance to the United States, and obe-
dient to the laws and authorities of the same, under full assurance that their just rights
will be under the guardianship of the United States, and will be maintained from all
force or violence from without or within.
In testimony whereof I have hereunto set my hand.
Given at the city of New Orleans, the 20th day of December, 1803, and of the Inde-
pendence of the United States of America the 28th.
- WM. C. C. CLAIBORNE.
The governor's address to the citizens of Louisiana.
FELLOW CITIZENS OF LOUISIANA : -
On the great and interesting event now finally consummated—an event so advan-
tageous to yourselves, and so glorious to united America, I cannot forbear offering
you my warmest congratulations. The wise policy of the Consul of France has, by
the cession of Louisiana to the United States, secured to you a connection beyond
the reach of change, and to your posterity the sure inheritance of freedom. The
American people receive you as brothers; and will hasten to extend to you a par-
ticipation in those inestimable rights, which have formed the basis of their own
unexampled prosperity. Under the auspices of the American Government, you may
confidently rely upon the security of your liberty, your property, and the religion
of your choice. You may with equal certainty rest assured, that your commerce will
be promoted and your agriculture cherished; in a word, that your true interests will
be among the primary objects of our National Legislature. In returnforthese benefits, the
United States will be amply remunerated, if your growing attachment to the Consti-
tution of our country, and your veneration for the principles on which it is founded,
be duly proportioned to the blessings which they will confer. Among your first duties,
therefore, you should cultivate witn assiduity among yourselves the advancement of
political information; you should guide the rising generation in the paths of republi-
can economy and virtue; you should encourage literature, for without the advantages
of education your descendants will be unable to appreciate the intrinsick worth of the
Government transmitted to them.
As for myself, fellow citizens, accept a sincere assurance, that, during my continu-
ance in the situation in which the President of the United States has been pleased to
place me, every exertion will be made on my part to foster your internal happiness,
and forward your general welfare, for it is only by such means that I can secure to
myself the approbation of those great and just men who preside in the councils of the
?Nation.
WILLIAM C. C. CLAIBORNE.
NEW ORLEANs, December 20, 1803.
‘104 BOUNDARIES OF LOUISIANA PURCHASE.
President Jefferson was particularly desirous of having James Monroe, of Virginia,
as his correspondence shows, for governor of Louisiana, but Mr. Monroe preferred to
remain as minister in London.
General James Wilkinson, in command of the United States troops in Louisiana,
January 16, 1804, notified the War Department that he did not “until this day” receive
the orders of the French and Spanish commissioners for the delivery of the posts in
Upper Louisiana. He also became uneasy at the delay of the French and Spanish
troops in evacuating New Orleans and the province. In March and April, 1804, he
complained to the War Department of this. On the 25th of April, 1804, he notified
the War Department that the prefect of the French embarked on the 21st instant,
and that the commissioners of the United States on the 24th took leave of the com-
missioner of Spain.
RUMORED OPPOSITION OF SPAIN TO THE CESSION AND DELIVERY.
Rumors were rife that Spain did not intend to make complete delivery of the prov-
ince to France. Mr. Pinckney, minister of the United States at Madrid, made inquiry
of the Spanish secretary of state, Mr. Cevallos, and received the following reply:
SIR: Having taken information upon what you were pleased to say to me in your
note of the 10th ultimo, I have to offer to your notice that the King’s minister in the
United States has been informed that his majesty lias given no order whatever for
opposing the delivery of Louisiana to the French ; and that the report current in the
United States or elsewhere of the existence of such an order is wholly without foun-
dation; since there is no connection whatever between the pretended opposition, and
that representation made by his majesty's minister to the Government of the United
States, on the defect which impaired the sale of Louisiana made by France, in which
he manifested the just motives of the Spanish Government for protesting against an
alienation which France had promised never to make.
At the same time that his majesty’s minister in the United States is charged to in-
form the American Government of the falsity of the above rumor, he is ordered to
make known to it, that his majesty has thought proper to renounce his protest against
the alienation of Louisiana by France, notwithstanding the solid motives on which
that protest was founded; affording, in this way, a new proof of his benevolence and
friendship for the United States.
PEDRO CEWALLOS.
EL PARDO, 10th February, 1804.
Thus Spain's claim to the province of Louisiana was in fact abandoned, and the
TJnited States succeeded to the title of Spain from De Soto, in 1541, and the subsequent,
transferred title of France from La Salle, in 1682.
IBOUND ARIES OF THE PROVINCE OF LOUISIANA.
The boundaries of Louisiana, as ceded by Napoleon to the United States, were in-
definite, the treaty itself, according to Chief Justice Marshall, having been couched in
terms of “studied ambiguity.” Questions of boundary between Louisiana and Flor-
ida were involved which require some explanation. Louisiana was transferred to us
with the same limits as when France formerly possessed it, and as Spain possessed it
at the time of the treaty of San Ildefonso. Spanish diplomacy, however, found it
convenient to consider British occupancy as permanently dissevering West Florida
from Louisiana, which it claimed as a new conquest from Great Britain; but the
United States, in 1811, took military possession of the country west of Perdido River,
thus insisting upon the original limits of Louisiana as claimed by France.
This imbroglio was still further complicated by events on the Florida border during
our last war with England, and the reprisals made by General Jackson for the repeat-
ed infractions of neutrality by the Spanish authorities. -
The boundaries of Louisiana were settled by the treaty with Spain in 1819, and the
northern and northwestern boundaries by a series of treaties with Great Britain, con-
cluding in 1871.
AREA AND COST OF LOUISIANA PURCHASE. 105
It was claimed that Spain made grants of land in that portion of Louisiana running
to the Perdido River after the treaty of San Ildefonso, her cession of Louisiana to
France. The United States disregarded all this, and April 14, 1812, all that portion
west of Pearl River was annexed to Louisiana, and the remaining portion as far as the
Perdido was incorporated, May 14, 1812, with the Mississippi Territory, although Spain
held Mobile. The eastern portion of this is now in Alabama.
Louisiana was erected into two Territories by act of Congress March 26, 1804, one
called the Territory of Orleans and the other the District of Louisiała. The Terri-
tory of Orleans became the State of Louisiana April 30, 1812.
THE COST AND AREA OF THE LOUISIANA PURCHASE, .
- Co3t.
The United States paid for this cession—
Principal sum.----------------------------------------------------- $15,000,000 00
Interest to redemption --------------------------------------------- 8,529,353 00
- 23, 529,353 00
Claims of citizens of the United States due from France under this
treaty assumed by the United States in part payment for the terri- -
tory and paid to June 30, 1880 -----. ---...--. 0 - - - - - - - - - - - - - - - - - - - - 3,738,268 98
27,267,621 98.
Area.
. Square miles.
The area acquired lies in the State of Alabama, west of the Perdido and
on the Gulf, below latitude 31° north, estimated to contain.----. -------- 2,300
State of Mississippi, west of Alabama, adjoining Louisiana, on the Gulf, and
South of 31° north latitude, estimated at.------------------------------- 3,600
State of Louisiana.------------------------------------------------------ 41,346
State of Arkansas -------------------------------* * * * * * * * * * * * * * * * * * * * * * * * * 52,202
State of Missouri-------------------------------------------------------- 65,370
State of Kansas, all but Southwest corner (estimated). ----...----. ---..... 73,542
State of Iowa ---------------------- sº gº tº º 'º tº g º ºp tº • * * * * * * * * * * * * * * * * * * * * * * * * * * 55,045
State of Minnesota, West of the Mississippi River...... ---...----...------- 57, 531
State of Nebraska ------------------------------------------------------ 75,995
State of Colorado, east of the Rocky Mountains and north of Arkansas River 57,000
State of Oregon ------------------------------------------------- • * * * ~ * = • 95,274
In the Territories the estimated areas are—
Territory of Dakota ----------------------------------------------------- 150,932
Territory of Montana -------------------------------------------------- 143,776 :
Territory of Idaho ------------------------------------------------------ 86,294
Territory of Washington ------------------------------------------------ 69,994
Territory of Wyoming, all but the zone in the middle, south, and southwest 83, 563
part ------------------------------------------------------------------ 3,
Indian Territory -------------------------------------------------------- 68,991
Lying in eleven States and six Territories, a total area of, and all be-,
coming public domain-------------------------------. - - - - - - - - - - - - - 1, 182,752
Or 756,961,280 acres.
The areas above for the divisions entire are taken from the United States Land Of-
fice Report for 1880, and the areas for fractional divisions are taken from the map ac-
companying the United States Census Report of 1870, prepared by S. W. Stocking, Esq.
The entire Louisiana purchase, being five times greater than the area of France,
viz,201,900 square miles, excepting certain grants made by French and Spanish author-
ities, and other legal exceptions, became public domain, subject to the survey, settle-
ment, and disposition laws of the United States when the same were extended over
the several political divisions from time to time by separate acts of Congress.
106 LEWIS AND CLARKE's ExPEDITION.
THE EXPLORATIONS OF THE L O U IS I A N A PU R C HAS E.
LEWIS AND CLARKE'S EXPEDITION.
Mr. Jefferson, while at Paris as American minister in 1787, met John Ledyard, who
came to France to attempt a business arrangement in the fur trade on the northwest
coast of America. Failing in this, Mr. Jefferson proposed to him a land expedition
through North Europe to Kamtschatka and to the Pacific. Russia gave consent, and
Ledyard at once set out and went into winter quarters 200 miles from Kamtschatka.
Here he was stopped by the Russians and compelled, under arrest, to return. In 1792
Mr. Jefferson proposed a subscription by the American Philosophical Society to engage
a person to go to the northwest coast by land. Capt. Meriwether Lewis, then sta-
tioned at Charlottesville, Va., was engaged for this purpose. M. Michaux, a French
botanist, was to be his fellow explorer. They proceeded as far as Kentucky, when a
message from the French minister at Washington recalled M. Michaux, and the jour-
ney here terminated. On the 18th of January, 1803, prior to the Louisiana purchase,
President Jefferson, in a confidential message to Congress (the act for establishing
trading houses among the Indians being about to expire by limitation), recommended
that the act be continued and extended to posts among the Indians on the Mississippi
River, and that a party of explorers"be sent up the Missouri River to its source, then
to cross the Rocky Mountains to the Pacific Ocean. This was approved, an appropri-
ation made, and Captain Lewis, at his own request, was detailed to command the ex-
pedition. First Lieut. (Capt.) William Clarke, brother of General George Rogers
Clarke, was afterward detailed with him. It was an expedition of discovery and in-
quiry. Its instructions were to notice and detail the geography and character of the
country, to enter into negotiations with the Indians for commerce, and to describe
their habits, characteristics, and history.
The party consisted of Meriwether Lewis, captain, U. S. A., First Regiment Infantry
(formerly Mr. Jefferson’s secretary); William Clarke, first lieutenant, U. S. A.; John
Ordway, Nathaniel Prior, and Patrick Gass, sergeants, U. S. A.; Charles Floyd, William
Bratton, John Colter, John Collins, Pier Cruzatte, Robert Frazier, Joseph Fields,
George Gibson, Silas Goodrich, Hugh Hall, Richard Worfington, Thomas P. Howard,
Peter Wiser, John Baptiste Le Page, Francis Labuiche, Hugh M’Neal, John Potts,
John Shields, George Shannon, John B. Thompson, William Werner, AlexanderWillard,
Richard Windsor, Joseph Whitehouse, John Newman, George Drewyer or George Drul-
yard, and Tousaint Chabono (the last two interpreters,) the wife of the interpreter
Chabono, a Snake Squaw and her child, and “York,” a colored servant to Captain
Clarke, who died at Richmond, Va., in the fall of 1879.
President Jefferson himself prepared the written instructions for Captain Lewis.
The party in boats entered the Missouri River May 4, 1804. In 1805, in the summer,
they crossed the Rocky Mountains. November 15, 1805, they landed at Cape Disap-
pointment. They had passed down Lewis River (now known as Snake River) to its
junction with the Columbia and thence to the Pacific Ocean. They spent the winter
of 1805-'06 at Fort Clatsop, on the south side of the Columbia.
The expedition returned to Saint Louis September 23, 1806, after an absence of two
years and three months, and it furnished the first particular and reliable information
of the region between the Mississippi River and the Pacific Ocean. Many editions of
their report of the expedition were published, and also the diary or journal of Sergeant
Patrick Gass. By act of March 3, 1807, Congress ordered warrants for 1,600 acres of land
to Lewis and Clarke, respectively, and warrants for 320 acres each to the names given
above as composing the expedition, except the colored man “York,” who received no
Warrant. These warrants were located on the west side of the Mississippi River, or were
to be received at $2 per acre for any such lands. Double pay for time while employed
in the expedition to the Pacific was voted all parties. Lewis was afterwards, in 1807.
made governor of Louisiana Territory, and died October 11, 1809, near Nashville, Tenn.
Clarke became a brigadier-general, and was made governor of Missouri Territory from
LEWIS AND CLARKE's EXPEDITION. 107
1813 to 1820, and died September 1, 1838. Lewis' Fork of Columbia, or the south branch
of the Columbia, rising in Wyoming and running through Idaho, known as Snake
or Shoshone River, is named after Captain Lewis. The north fork of the Columbia is
called Clarke's Fork. It rises in Montana, flows west to the junction with the Snake
near Wallula, and forms the Columbia. It was named after Captain Clarke. A
county in Montana also commemorates their names, being called Lewis and Clarke
County.
VARIOUS MILITARY AND CIVIL EXPLORING AND SURVEYING PARTIES-1808 TO 1880.
The region west of the Mississippi to the Pacific and north to the line of the British
Possessions embraced in the Louisiana purchase, has been a fruitful field for explorers.
The Hudson Bay Company occupied most of the region west of the Rocky Mountains
and north of California and Utah for a long period; their last post on American soil,
Fort Hall, Idaho, being withdrawn in 1854. Fort Hall had been erected by Nathaniel
Wythe, a Massachusetts man, in 1836 or 1838, in opposition to the American Fur Com-
pany, and sold to the Hudson Bay Company. This region was the home of the hunter
and trapper. In 1808 the Missouri Fur Company, of Saint Louis, built a trading-post on
Lewis or Snake River, in the southeastern portion of the now Territory of Idaho, then
Oregon. In 1810 the Pacific Fur Company—Mr. John Jacob Astor—resolved to make
settlement on the Oregon coast. March 23, 1811, their ship “Tonquin” arrived at the
mouth of Columbia River, and Astoria was founded. In the war of 1812 between the
United States and Great Britain, this post was seized by the British man-of-war
“Raccoon,” and the name of Astoria was changed to Fort George. By the first article
of the treaty of Ghent, October 6, 1818, Fort George was surrendered to J. B. Provost
on behalf of the United States by Captain Hickey, of the British man-of-war “Blos-
som,” and J. Keith, agent of the Northwest Trading Company (which had been in pos-
session of it), and the name Astoria was at once restored to it. -
The Great West, west of the Mississippi and north of the Arkansas River, was in the
Louisiana purchase. Christopher Carson, Sublette and Smith, James Bridger, Nathan-
iel Wythe, and roving trappers and hunters thereafter made this then unexplored region
their home. It was the source from which came the supplies of buffalo and other
skins. In the period from 1803 to 1870 this region was explored by a series of expedi-
tions under the auspices of the United States Army and Navy Departments, including
Lewis and Clarke's, Bonniville, Admiral John Wilkes, Capt. John C. Fremont, &c.,
a full list of the expeditions being given in Lieut. George M. Wheeler's Report of
Military Surveys under the War Department, 1871 to 1879. Dr. John Evans's (else-
where noted) Survey of Oregon and Washington Territories, and Dr. F. W. Hayden's
Geological Work in Nebraska, and Dr. Robert Dale Owen's in Iowa and Wisconsin, un-
der the auspices of the General Land Office, in the territory of the Louisiana pur.
chase, added much to the world's knowledge of this vast and productive country-
The rich mines of Montana, Idaho, Colorado, and Oregon lie within it, together with
millions of acres of undeveloped mining lands.
The expedition of Maj. John W. Powell, in 1867, and the subsequent geological
survey made under his charge in the Rocky Mountain region in 1874 and to 1879, were
partially within it, as was much of the survey of the fortieth parallel under direction
of Clarence King, geologist. The geological survey of the Territories under Prof. F.
W. Hayden, from 1870 to 1879, was executed mostly within this purchase.
The publications of the several expeditions and surveys under the auspices above set
out under laws of the United States, published by the United States Government,
contain a mass of valuable and reliable information as to the resources and inhabit-
ants of that vast and in some parts still unexplored region.
A great number of private expeditions under the auspices of colleges, societies, and
individuals, such as the researches of Prof. O. C. Marsh, of Yale College, and the
hunting expedition of Sir George Gore, in 1854 and 1856, have been successfully made
during the last forty years, and have given a store of 7aluable and interesting scientific
and economical information.
108 - PURCHASE OF THE FLORIDAS.
In 1805–06, Dr. Sibley made notes of the country and inhabitants adjacent to the
Territory of Orleans and an account of Red River. Mr. Dunbar, of Natchez, in 1804,
under authority of the United States, surveyed and explored the Washita. (See Pres-
ident Jefferson's message of February 14, 1806, to Congress.)
HISTORICAL REFERENCES.
Bancroft's History of the United States; Hildreth's History of the United States;
History of Louisiana; Spanish, French, and American Domination : Chas. Gayarre.
THE PURCHASE OF THE EAST AND WEST FLORIDAS FROM SPAIN.
PRELIMINARY WORK AND NEGOTIATIONS.
Spain, by the discovery of Florida on Palm Sunday, March 27, 1512, and its occupa-
tion dating from the landing of Ponce de Leon near Saint Augustine, April 8, 1512, and
the various expeditions following, including that of Fernando de Soto, in 1536, who ex-
plored its interior, acquired the right to the possession of the Territory of Florida. Sir
Francis Drake's capture of Saint Augustine, in 1586, was temporary. In 1736, Spain
ceded Florida to Great Britain, in exchange for the island of Cuba, and the British
flag was raised over it. In 1783, after the conclusion of the definitive treaty of peace
between Great Britain and the United States, Great Britain ceded to Spain the prov-
inces of East and West Florida, and they again came under the flag of Spain. This
cession gave no definition of boundaries, and the province of West Florida became
a subject of dispute between the United States and Spain. -
THE PERDIDO CLAIM.
Great Britain held that the thirty-first parallel of north latitude was the northern
boundary of the province she ceded, extending from the Appalachicola to the Missis-
sippi River, and by another treaty made at the same time stated that the territory.
to the north of that parallel belonged to the United States (now in Alabama and
Mississippi). The United States thereupon insisted upon the boundary at the thirty-
first parallel north latitude. Spain claimed that the province of West Florida as ceded
by Great Britain to her, remained as it was declared to be by the proclamation of the
King of Great Britain, of date October 7, 1763, and extended by the recommendation of
the British Board of Trade, June 6,1764, and so held and governed by the British Govern-
ment, as shown by communications to Governor Elliott, of May 15, 1767. This included
the territory between the rivers that bounded the original province and between
the thirty-first parallel north latitude (going north) and to that of a line east and west
from the mouth of the Yazoo River. Spain at once took possession of this territory
and held it for a time, but by the treaty of 1795, October 27, waived claims to the ter-
ritory north of latitude 31° north. This left the remainder of the province of West
Florida still in doubt—that portion between the Iberville and Perdido rivers, and south
of latitude 31° north, the national boundary. The United States claimed this country
under the following title: October 1, 1800, Spain ceded to France the province of
Louisiana. France, by the treaty of Paris, sold the same to the United States, April
30, 1803. Spain claimed after 1803, and up to 1819 (date of her sale of Florida to the
United States) that the cession to France was only for the city and island of New
Orleans and the province of Louisiana west of the Mississippi River, which she had in
1762 received from France. Part of this Perdido claim was afterwards annexed below
31° north latitude to the States of Alabama and Mississippi, extending thence to the
Gulf. The United States by joint resolution of Congress, January 15, 1811, and acts
of like date and of March 3, 1811, passed in secret session, made public in 1817, occu-
pied and held this disputed territory for a time. Spain and France protested, but the
United States never withdrew its claim to the territory. - g
sº
PURCHASE OF THE FLORIDAS. 109
The cession of the province of Louisiana by France in 1803 gave the United States a
title to the territory west of the Perdido. This was also occupied.
Before and after the purchase of Louisiana, Mr. Jefferson looked toward the purchase
of the province of Florida from Spain, and after the decision of Congress he appointed
Mr. Armstrong, of New York, and Mr. Bowdoin, of Massachusetts, to negotiate the
purchase of Florida from Spain. This negotiation failed. Then Mr. Monroe was called
upon to join Mr. Pinckney, minister at Madrid, in the settlement of our difficulties
with Spain both as to boundaries and claims for commercial spoliations. Mr. Monroe,
in a letter to M. Talleyrand at Paris, November 4, 1804, gives a full statement of this, as
well as did Mr. Livingston, in a letter of date November 12, 1804, at Paris, to M. Talley-
rand, wherein he states “that Mr. Monroe, minister plenipotentiary from the United
States to the court of London, is now here, on his way to Spain, where he is specially
charged, in conjunction with Mr. Pinckney, to negotiate for the purchase of Florida.”
These letters asked the favorable intervention of the Emperor Napoleon with the Span-
ish King in the matter of the purchase. Talleyrand in his answer intimated that
Bonaparte nonconcurred in the American view of the boundary question.
January 28, 1805, Messrs. Monroe and Pinckney addressed a letter to Don Pedro
Cevallos, inclosing a project of a convention between the countries. This was
answered by Don Cevallos January 31, 1805. A correspondence running until the 15th
of May then followed, and ended in a refusal on the part of the King to treat further
and in a rejection of the proffer of adjustment or purchase. On May 22, 1805, Mr.
Monroe took leave of the King.
In 1807 Spain issued a decree similar to the French decree of November 21, 1806.
This intensified public feeling aided by the fact that the question of settlement of
national boundaries (Louisiana) and spoliation claims had not been settled between the
two countries. A new Spanish minister, Don Onis, in 1808, arrived in behalf of the
supporters of the royal family who had rebelled against Bonaparte's rule in Spain.
President Jefferson declined to receive him.
In 1810, in the province of West Florida, and in that part lying on the Mississippi
River, disturbances took place and the authority of Spain was defied. The fort at Baton
Rouge was seized. The citizens declared themselves independent, adopted a flag, and
made proclamation of the fact. . *
October 27, 1810, President Madison issued proclamation taking possession of the east
bank of the Mississippi under the treaty of 1803, claiming that occupation was neces-
sary to protect both the United States and Spain from violence, and would leave the
question of ownership for the future. Governor Claiborne, of Orleans Territory, was
dispatched at once from Washington to take possession. An attack upon Mobile by
a party from near Fort Stoddart failed. They threatened another attack, whereupon
Folck, the Spanish governor, in a letter to the American authorities hinted at a prob-
ability of his desiring to treat with them for the transfer of the province, unless he
was re-enforced from Havana or Vera Cruz. -
This occupation met strong opposition in the United States. An expedition was
organized and acted against the Seminole Indians in East Florida. The legislature of
Georgia, November 20, 1812, resolved that the occupation of Florida was essential to the
safety of the State, and passed an act to raise a State force to act against Saint Augustine
and punish the Indians. Early in 1813 a volunteer force entered Florida. Orders were
issued July 14, 1814, by the War Department, to Andrew Jackson commanding, to take
possession of the town of Pensacola, as Florida at this time had become a place of
organization for marauding bands to act against the United States. The orders were
six months reaching him. In the mean time a British naval force arrived at Pensacola
and landed some troops under Colonel Nichols, who at once began to arm and equip
the Creek refugees, enemies of the United States. The orders to General Jackson were
countermanded October 21, 1814, but he, in the mean time, had entered Pensacola,
driven out the British, and delivered the place to the Spanish authorities. Congres-
sional inquiries were made this year of the executive department as to the position
of the United States in relation to Spain. The answer was that it was friendly.
110 PURCHASE OF THE FLORIDAS.
In 1815 Don Onis, the Spanish ambassador, was recognized. In 1816 the Spanish
minister at Washington remonstrated against the continued occupation by the United
States of West Florida and insisted on non-intercourse between the United States and
Mexico, that province being then in revolt against Spain. Mr. Monroe, Secretary of
State for President Madison, suggested that as West Florida was now separated from
the Spanish possessions of Mexico, it was of but little advantage to Spain to hold it,
and an exchange of part of Louisiana bordering on Texas was suggested for Florida,
and neutrality as to Mexico was intimated; but nothing definite resulted from this
correspondence.
In 1817, Mr. Monroe now being President, it was proposed to receive from Spain in
settlement of the claims held by citizens of the United States against her, the cession
of the province of Florida. This embraced the offer to accept for a western boundary
of Louisiana the river Colorado, of Texas. To this Don Onis, the Spanish minister,
objected.
A correspondence now ensued, from July 4, 1817, to March 18, 1818, between John
Quincy Adams, Secretary of State, and Don Luis de Onis, which explains fully the
differences between the two nations and their respective claims as to boundaries.
(See American State Papers, vol. 12, pp. 1 to 195.) -
During 1817, the Seminoles residing on Spanish territory harbored a large number
of refugee Creeks of the late war. They were a constant source of alarm and war to
the Georgia settlers. The Indians, in retaliation for their expulsion from the just ceded
Creek territory, north of the line of Florida, attacked and captured a boat on the Ap-
palachicola River. General Jackson was ordered to take command in person of the
United States forces in the South, and orders were issued to pursue the Indians into
Florida if necessary. In 1818, the statement of President Monroe, in his message to
Congress, that expeditions had been authorized against Amelia Island and Galveston,
was met with a protest from Don Luis de Onis, the Spanish minister at Washington.
March 14, 1818, President Monroe transmitted to Congress the correspondence between
John Quincy Adams and Don Luis de Onis, above referred to.
In April, 1818, General Jackson had, in the prosecution of the Indian (Seminole)
war, taken possession of the Spanish fort at St. Mark’s, Florida, taking it with force but
without bloodshed, and thus Florida was occupied by troops of the United States. On
May 24, 1818, General Jackson, on a rumor of the encouragement of an Indian invasion
of Alabama (having the day before received a protest from the Spanish governor
against the invasion, and a promise of resistance), entered the city of Pensacola. The
governor held the fort at the Barrancas. An assault was ordered against it, when it
capitulated on the 27th of May. On June 17, the Spanish minister protested to the
United States against General Jackson's acts while a treaty was under consideration.
The unfulfilled treaty agreements of Spain to restrain Indians in her territory from
raiding the United States was set up, and the aid and assistance rendered the Indians
by the forts at St. Mark's and Pensacola was held to be sufficient ground for their
seizure, and that now that the Indian war was over, the two forts would be surren-
dered to Spain, when Spain would agree to garrison them with a force large enough to
control the Indians. º
The ratification of the convention of 1802, (now October, 1818,) arrived from Spain.
NEGOTIATIONS OPENED FOR CESSION, 1818.
De Onis opened negotiations under the instructions he had received with the rati-
fication of the convention of 1802. He asked conditions, and that the boundary of
the territory of Spain west of the Mississippi should be due north of a line commencing
on the Gulf of Mexico east of the river Sabine, and extending to the Missouri, and
thence to its source. Secretary Adams offered in reply, October 31, 1818, as his ulti-
matum, to accept as a boundary for the Spanish possessions west of the Mississippi
(which would be the western and the southern boundary of the Louisiana province
purchased from France in 1803) the river Sabine to the thirty-third degree north lati-
PURCHASE OF THE FLORIDAS–TREATY. 111
tude, thence to the Red River due north, that river to its source, the crest of the
Rocky Mountains to the forty-first degree north latitude, and a line thence due west
to the Pacific Ocean, about the present boundary of the Louisiana purchase. This
claim Don Onis (November 16) pronounced unheard of, and proffered in lieu an agree-
ment to the line of the Sabine River, with a line due north to the Missouri, and from
and along that river to its head. Here the negotiations rested for a time, pending.
instructions from Spain. In the Congress of 1819, in January, a fierce debate came on
as to the right of invasion of Spanish soil in Florida. February 22, 1819, John Quincy
Adams, on behalf of the United States, and Don Luis de Onis, on behalf of Spain, at
Washington, signed the treaty of the cession of Florida to the United States, as follows:
Treaty of amity, 8ettlement, and limits between the United States of America and his cath-
olic majesty. Concluded February 22, 1819; ratifications exchanged February 22, 1821;
proclaimed February 22, 1821. Also ratification of the 8ame by the King of Spain, Octo-
ber 24, 1820. x * -
The United States of America and his catholic majesty, desiring to consolidate, on
a permanent basis, the friendship and good correspondence which happily prevails be-
tween the two parties, have determined to settle and terminate all their differences
and pretensions, by a treaty, which shall designate, with precision, the limits of their
respective bordering territories in North America.
With this intention the President of the United States has furnished with their full
powers John Quincy Adams, Secretary of State of the said United States; and his
catholic majesty has appointed the Most Excellent Lord Don Luis De Onis, Gonzales,
Lopez y Vara, Lord of the town of Rayaces, Perpetual Regidor of the Corporation of
the city of Salamanca, Knight Grand Cross of the Royal American Order of Isabella
the Catholic, decorated with the Lys of La Vendée, Knight Pensioner of the Royal
and Distinguished Spanish Order of Charles the Third, Member of the Supreme As-
sembly of the said Royal Order; of the Council of his catholic majesty; his secre-
tary, with exercise of decrees, and his envoy extraordinary and minister plenipoten-
tiary near the United States of America :
And the said plenipotentiaries, after having exchanged their powers, have agreed
upon and concluded the following articles:
ART. I. There shall be a firm and inviolable peace and sincere friendship between the
United States and their citizens and his catholic majesty, his successors and subjects,
without exception of persons or places.
ART. II. His catholic majesty cedes to the United States, in full property and sov-
ereignty, all the territories which belong to him, situated to the eastward of the Missis-
sippi, known by the name of East and West Florida. The adjacent islands dependent
on said provinces, all public lots and squares, vacant lands, public edifices, fortifica-
tions, barracks, and other buildings, which are not private property, archives and doc-
uments, which relate directly to the property and sovereignty of said provinces, are in-
cluded in this article. The said archives and documents shall be left in possession of
the commissaries or officers of the United States, duly authorized to receive them.
ART. III. The boundary line between the two countries, west of the Mississippi, shall
begin on the Gulph of Mexico, at the mouth of the river Sabine, in the Sea, continuing
north, along the western bank of that river, to the 32d degree of latitude; thence, by
a line due north, to the degree of latitude where it strikes the Rio Roxo of Natchi-
toches, or Red River; then following the course of the Rio Roxo westward, to the de-
gree of longitude 100 west from London and 23 from Washington ; then, crossing the
said Red River, and running thence, by a line due north, to the river Arkansas;
thence, following the course of the southern bank of the Arkansas, to its source, in
latitude 42 north ; and thence, by that parallel of latitude, to the South Sea. The
whole as being laid down in Melish's map of the United States, published at Philadel-
phia, improved to the first of January, 1818. But if the source of the Arkansas River
shall be found to fall north or south of latitude 42, then the line shall run from the
said source due south or north, as the case may be, till it meets the said parallel of lati-
tude 42, and thence, along the said parallel, to the South Sea: All the islands in the
Sabine, and the said Red and Arkansas rivers, throughout the course thus described,
to belong to the United States; but the use of the waters, and the navigation of the
Sabine to the sea, and of the said rivers Roxo and Arkansas, throughout the extent of
the said boundary, on their respective banks, shall be common to the respective in-
habitants of both nations.
The two high contracting parties agree to cede and renounce all their rights, claims,
and pretensions, to the territories described by the said line, that is to say: The
United States hereby cede to his catholic majesty, and renounce forever, all their
rights, claims, and pretensions, to the territories lying west and south of the above-
described line; and, in like manner, his catholic majesty cedes to the said United
112 PURCHASE OF THE FLORIDAS–TREATY.
States all his rights, claims, and pretensions to any territories east and north of the
said line, and for himself, his heirs, and successors, renounces all claim to the said
territories forever.
ART. IV. To fix this line with more precision, and to place the landmarks which shall
designate exactly the limits of both nations, each of the contracting parties shall ap-
point a commissioner and a surveyor, who shall meet before the termination of one
year from the date of the ratification of this treaty at Natchitoches, on the Red River,
and proceed to run and mark the said line, from the mouth of the Sabine to the Red
River, and from the Red River to the river Arkansas, and to ascertain the latitude of
the source of the said river Arkansas, in conformity to what is above agreed upon
and stipulated, and the line of latitude 42, to the South Sea : they shall make out
plans, and keep journals of their proceedings, and the result agreed upon by them
shall be considered as part of this treaty, and shall have the same force as if it were
inserted therein. The two governments will amicably agree respecting the necessary
articles to be furnished to those persons, and also as to their respective escorts, should
such be deemed necessary. -
ART. W. The inhabitants of the ceded territories shall be secured in the free exercise
of their religion, without any restriction; and all those who may desire to remove to
the Spanish dominions shall be permitted to sell or export their effects, at any time
whatever, without being subject, in either case, to duties.
ART. VI. The inhabitants of the territories which his catholic majesty cedes to the
United States, by this treaty, shall be incorporated in the Union of the United States,
as soon as may be consistent with the principles of the Federal Constitution, and ad-
mitted to the enjoyment of all the privileges, rights, and immunities of the citizens
of the United States.
ART.VII. The officers and troops of his catholic majesty, in the territories hereby ceded
'by him to the United States, shall be withdrawn, and possession of the places occupied
by them shall be given within six months after the exchange of the ratifications of this
treaty, or sooner if possible, by the officers of his catholic majesty to the commis-
sioners or officers of the United States duly appointed to receive them; and the United
States shall furnish the transports and escort necessary to convey the Spanish officers
and troops and their baggage to the Havana.
ART.VIII. All the grants of landmade before the 24th of January, 1818, by his catholic
majesty, or by his lawful authorities, in the said territories ceded by his majesty to the
United States, shallberatified and confirmed to the persons in possession of the lands, to
the same extent that the same grants would be valid if the territories had remained un-
der the dominion of his catholic majesty. But the owners in possession of such lands,
who, by reason of the recent circumstances of the Spanish nation, and the revolutions
in Europe, have been prevented from fulfilling all the conditions of their grants, shall
complete them within the terms limited in the same, respectively, from the date of
this treaty; in default of which the said grants shall be null and void. All grants
made since the said 24th of January, 1818, when the first proposal, on the part of his
catholic majesty, for the cession of the Floridas was made, are hereby declared and
agreed to be null and void.
ART. IX. The two high contracting parties, animated with the most earnest desire of
conciliation, and with the object of putting an end to all the differences which have ex-
isted between them, and of confirming the good understanding which they wish to be
forever maintained between them, reciprocally renounce all claimsfor damages or inju-
ries which they, themselves, as well as their respective citizens and subjects, may have
suffered until the time of signing this treaty. -
The renunciation of the United States will extend to all the injuries mentioned in
the convention of the 11th of August, 1802.
2. To all claims on account of prizes made by French privateers, and condemned by
French consuls, within the territory and jurisdiction of Spain.
3. To all claims of indemnities on account of the suspension of the right to deposit
at New Orleans in 1802.
4. To all claims of citizens of the United States upon the government of Spain,
arising from the unlawful seizures at sea, and in the ports and territories of Spain, or
the Spanish colonies.
5. To all claims of citizens of the United States upon the Spanish Government, state-
ments of which, soliciting the interposition of the Government of the United States,
have been presented to the Department of State, or to the minister of the United
States in Spain, since the date of the convention of 1802, and until the signature of
this treaty. - -
The renunciation of his catholic majesty extends—
1. To all the injuries mentioned in the convention of the 11th of August, 1802.
2. To the sums which his catholic majesty advanced for the return of Captain Pike
from the Provincias Internas.
3. To all injuries caused by the expedition of Miranda, that was fitted out and
equipped at New York.
4. To all claims of Spanish subjects upon the Government of the United States

PURCHASE OF THE FLORIDAS–TREATY. 113.
arising from unlawful seizures at sea, or within the ports and territorial jurisdiction
of the United States. # -
Finally, to all the claims of subjects of his catholic majesty upon the Government of
the United States in which the interposition of his catholic majesty's government has
been solicited, before the date of this treaty and since the date of the convention of
1802, or which may have been made to the department of foreign affairs of His Majesty,
or to his minister in the United States.
And the high contracting parties, respectively, renounce all claim to indemnities for
any of the recent events or transactions of their respective commanders and officers in
the Floridas.
The United States will cause satisfaction to be made for the injuries, if any, which,
by process of law, shall be established to have been suffered by the Spanish officers,
#. lºſividual Spanish inhabitants, by the late operations of the American army in
OICIOla. -
ART. X. The convention entered into between the two governments, on the 11th of
* the ratifications of which were exchanged the 21st of December, 1818, is
annulled. *:
ART. XI. The United States, exonerating Spain from all demands in future, on account
of the claims of their citizens to which the renunciations herein contained extend, and
considering them entirely cancelled, undertake to make satisfaction for the same, to an
amount not exceeding five millions of dollars. To ascertain the full amount and validity
of those claims, a commission, to consist of three commissioners, citizens of the United
States, shall be appointed by the President, by and with the advice and consent of the
Senate, which commission shall meet at the city of Washington, and, within the space
of three years from the time of their first meeting, shall receive, examine, and decide
upon the amount and validity of all the claims included within the descriptions above
mentioned. The said commissioners shall taken a oath or affirmation, to be entered
on the record of their proceedings, for the faithful and diligent discharge of their
duties; and, in case of the death, sickness, or necessary absence of any such commis-
sioner, his place may be supplied by the appointment, as aforesaid, or by the President
of the United States, during the recess of the Senate, of another commissioner in his
stead. The said commissioners shall be authorized to hear and examine, on oath,
every question relative to the said claims, and to receive all suitable authentic testi-
mony concerning the same. And the Spanish Government shall furnish all such docu-
ments and elucidations as may be in their possession, for the adjustment of the said
claims, according to the principles of justice, the laws of nations, and the stipulations
of the treaty between the two parties of 27th October, 1795; the said documents to be
specified, when demanded, at the instance of the said commissioners.
The payment of such claims as may be admitted and adjusted by the said commis-
sioners, or the major part of them, to an amount not exceeding five millions of dollars,
shall be made by the United States, either immediately at their Treasury, or by the
creation of stock, bearing an interest of six per cent. per annum, payable from the
proceeds of sales of public lands within the territories hereby ceded to the United
* or in such other manner as the Congress of the United States may prescribe by
8, W.
The records of the proceedings of the said commissioners, together with the vouchers
and documents produced before them, relative to the claims to be adjusted and decided
upon by them, shall, after the close of their transactions, be deposited in the Depart-
ment of State of the United States; and copies of them, or any part of them, shall be
furnished to the Spanish Government, if required, at the demand of the Spanish min-
ister in the United States.
ART. XII. The treaty of limits and navigation, of 1795, remains confirmed in all and
each one of its articles excepting the 2,3,4,21, and the second clause of the 22d arti-
cle, which, having been altered by this treaty, or having received their entire execu-
tion, are no longer valid.
With respect to the 15th article of the same treaty of friendship, limits, and naviga-
tion of 1795, in which it is stipulated that the flag shall cover the property, the two
high contracting parties agree that this shall be so understood with respect to those
powers who recognize this principle; but if either of the two contracting parties shall
be at war with a third party, and the other neutral, the flag of the neutral shall cover
the property of enemies whose government acknowledge this principle, and not of
others.
ART. XIII. Both contracting parties, wishing to favour their mutual commerce, by
affording in their ports every necessary assistance to their respective merchant vessels,
have agreed that the sailors who shall desert from their vessels in the ports of the other,
shall be arrested and delivered up, at the instance of the consul, who shall prove, never-
theless, that the deserters belonged to the vessels that claimed them, exhibiting the docu-
ment that is customary in their nation: that is to say, the American consul in a Spanish
port shall exhibit the document known by the name of articles, and the Spanish consul
in American ports the roll of the vessel; and if the name of the deserter or deserters who
8 L O—WOL III
114 PURCHASE OF THE FLORIDAS–RATIFICATION.
are claimed shall appear in the one or the other, they shall be arrested, held in custody,
and delivered to the vessel to which they shall belong.
ART. XIV. The United States hereby certify that they have not received any compen-
sation from France for the injuries they suffered from her privateers, consuls, and tribu-
mals on the coasts and in the ports of Spain, for the satisfaction of which provisionis made
by this treaty; and they will present an authentic statement of the prizes made, and
of their true value, that Spain may avail herself of the same in such manner as she
may deem just and proper. *. -
ART. XV. The United States, to give to his catholic majesty a proof of their desire
to cement the relations of amity subsisting between the two nations, and to favour the
commerce of the subjects of his catholic majesty, agree that Spanish vessels, coming
laden only with productions of Spanish growth or manufactures, directly from the ports
of Spain, or of her colonies, shall be admitted, for the term of twelve years, to the ports
of Pensacola and St. Augustine, in the Floridas, without paying other or higher duties
on their cargoes, or of tonnage, than will be paid by the vessels of the United States.
During the said term no other nation shall enjoy the same privileges within the ceded
territories. The twelve years shall commence three months after the exchange of the
ratifications of this treaty.
ART, XVI. The present treaty shall be ratified in dueform, by the contracting parties,
and the ratifications shall be exchanged in six months from this time, or soonerifpossible.
In witness whereof we, the underwritten plenipotentiaries of the United States of
America and of his catholic majesty, have signed, by virtue of our powers, the present
treaty of amity, settlement, and limits, and have thereunto affixed our seals, respect-
ively.
Done at Washington this twenty-second day of February, one thousand eight hun-
dred and nineteen.
JOHN QUINCY ADAMS. [L. s.]
LUIS DE ONIS. [L. S.]
POLITICAL ACTION ON THE TREATY.
9
This treaty was unanimously ratified by the Senate of the United States. Spain did
not ratify at once, but let the time fixed for ratification expire. Congress, in expecta-
tion of an immediate ratification by Spain, passed an act authorizing the President to
take possession of the Floridas.
The hesitation of Spain to ratify was the cause of vigorous and urgent diplomatic
action. De Onis was recalled as Spanish ambassador, and Don Wives sent out. He
came by the way of Paris and London. On his arrival at Washington he opened a corre-
spondence with Mr. Adams, who demanded action upon the treaty already entered into
between the United States and Spain, upon full powers and in conformity to instruc-
tions. A stormy political discussion took place in Congress pending ratification by
Spain. Much was made of the proposed western boundary of Louisiana.
RATIFICATION BY THE KING OF SPAIN.
October 29, 1820, the treaty was ratified by the King of Spain.
Ratification” by His Catholic Majesty, on the twenty-fourth day of October, in the year of
our Lord one thousand eight hundred and iwenty.
Ferdinand the Seventh, by the Grace of God and by the constitution of the Spanish
monarchy, King of the Spains.
Whereas on the twenty-second day of February, of the year one thousand eight
hundred and nineteen last past, a treaty was concluded and signed in the city of Wash-
ington, between Don Luis de Onis, my envoy extraordinary and minister plenipoten-
tiary, and John Quincy Adams, Esq., Secretary of State of the United States of
America, competently authorized by both parties, consisting of sixteen articles, which
had for their object the arrangement of differences and of limits between both gov-
ernments and their respective territories, which are of the following form and literal
tenor :
[Here follows the above treaty, word for word.]
Therefore, having seen and examined the sixteen articles aforesaid, and having first
obtained the consent and authority of the General Cortes of the nation with respect
to the cession mentioned and stipulated in the 2d and 3d articles, I approve and
ratify all and every one of the articles referred to, and the clauses which are con-
* Translation,
PURCHASE OF THE FLORIDAS–PROCLAMATION. 115
tained in them ; and, in virtue of these presents, I approve and ratify them; prom-
ising, on the faith and word of a King, to execute and observe them, and to cause
them to be executed and observed entirely as if I myself had signed them ; and
that the circumstance of having exceeded the term of six months, fixed for the ex-
change of the ratifications in the 16th article, may afford no obstacle in any manner,
it is my deliberate will that the present ratification be as valid and firm, and produce
the same effects, as if it had been done within the determined period. Desirous at the
same time of avoiding any doubt or ambiguity concerning the meaning of the 8th
article of the said treaty, in respect to the date which is pointed out in it as the period
for the confirmation of the grants of lands in the Floridas, made by me, or by the
competent authorities in my royal name, which point of date was fixed in the positive
understanding of the three grants of land made in favor of the Duke of Alagon, the
Count of Punonrostro, and Don Pedro de Vargas, being annulled by its tenor, I think
proper to declare that the said three grants have remained and do remain entirely
annulled and invalid; and that neither the three individuals mentioned, nor those
who may have title or interest through them, can avail themselves of the said grants
at any time, or in any manner; under which explicit declaration the said 8th article
is to be understood as ratified. In the faith of all which I have commanded to de-
spatch these presents. Signed by my hand, sealed with my secret seal, and counter-
'signed by the underwritten my Secretary of Despatch of State. -
Given at Madrid, the twenty-fourth of October, one thousand eight hundred and
twenty.
FERNANDO.
EVARISTO PEREZ DE CASTRO.
[Copies of the grants annulled by the foregoing treaty will be found in 8 Statutes at
Large, page 267, et Seq.] -
The treaty was again sent to the Senate of the United States for ratification, and
ratified February 19, 1821, there being but four dissenting votes.
PROCLAMATION OF TREATY.
February 22d, 1821, two years after the signing by the agents of the respective gov-
ernments, President Monroe issued the following proclamation : **.
By the President of the United States: a Proclamation.
Whereas, a treaty of amity, settlement, and limits between the United States of
America and His Catholic Majesty was concluded and signed between their plenipo-
tentiaries in this city, on the twenty-second day of February, in the year of our Lord
one thousand eight hundred and nineteen, which treaty, word for word, is as follows:
[Here follows the treaty in full. i
And whereas, his said Catholic Majesty did, on the twenty-fourth day of October, in
the year of our Lord one thousand eight hundred and twenty, ratify and confirm the
said treaty, which ratification is in the words and of the tenor following:
[Here follows the ratification by the King of Spain in full.] :
And whereas, the Senate of the United States did, on the nineteenth day of the
present month, advise and consent to the ratification, on the part of these United States,
of the said treaty, in the following words: .
“IN SENATE OF THE UNITED STATES, February 19, 1821.
“IResolved, two-thirds of the Senators present concurring therein, That the Senate, having
examined the treaty of amity, settlement, and limits between the United States of
America and His Catholic Majesty, made and concluded on the twenty-second of Feb-
ruary, one-thousand eight hundred and nineteen, and seen and considered the ratifi-
cation thereof made by his said Catholic Majesty on the twenty-fourth day of October,
one thousand eight hundred and twenty, do consent to and advise the President of the
United States to ratify the same.”
And whereas, in pursuance of the said advice and consent of the Senate of the United
States, I have ratified and confirmed the said treaty, in the words following, viz.:
“Now, therefore, I, James Monroe, President of the United States of America, having
seen and considered the treaty above recited, together with the ratification of His
Catholic Majesty thereof, do, in pursuance of the aforesaid advice and consent of the
Senate of the United States, by these presents, accept, ratify, and confirm, the said
treaty, and every clause and article thereof, as the same are herein before set forth.
“In faith whereof I have caused the seal of the United States of America to be
hereto affixed. --
“Given under my hand, at the city of Washington, this twenty-second day of Feb-

116 TRANSFER OF THE FLORIDAS.
ruary, in the year of our Lord one thousand eight hundred and twenty-one, and of the
Independence of the said States the forty-fifth. &
“By the President: - “JAMES MONROE.
“JoHN QUINCY ADAMs,
“Secretary of State.”
And whereas the said ratifications, on the part of the United States, and of His Cath-
olic Majesty, have been this day duly exchanged, at Washington, by John Quincy Adams,
Secretary of State of the United States, and by General Dn. Francisco Dionisio Vives,
envoy extraordinary and minister plenipotentiary of His Catholic Majesty: Now,
therefore, to the end that the said treaty may be observed and performed with good
faith, on the part of the United States, I have caused the premises to be made public;
and I do hereby enjoin and require all persons bearing office, civil or military, within
the United States, and all others, citizens or inhabitants thereof, or being within
i. same, faithfully to observe and fulfil the said treaty, and every clause and article
thereof.
In testimony whereof, I have caused the seal of the United States to be affixed to
these presents, and signed the same with my hand.
Done at the city of Washington, the twenty-second day of February, in the year of
our Lord one thousand eight hundred and twenty-one, and of the sovereignty and In-,
dependence of the United States the forty-fifth.
JAMES MONROE.
[L. S.]
By the President :
JOHN QUINCY ADAMS, Secretary of State.
THE SEVERAL ACTS AND DEEDS ACQUIRING POSSESSION OF THE FLORIDAS.
Col. Robert Butler was appointed commissioner under the treaty on the part of the
United States, and Don José Coppinger on the part of Spain, for East Florida.
March 3, 1821, Congress authorized, by law, the President to organize a temporary
government for Florida pending legislation.
President Monroe, March 10, 1821, appointed Major-General Andrew Jackson gov-
ernor, his commission vesting in him all the powers and duties heretofore held and
exercised by the captain-general, intendant, and governor under Spain.
SURRENDER OF THE FLORIDAS BY SPAIN.
July 10, 1821, Don José Coppinger, appointed a commissioner by the captain-gen-
eral of Cuba, and Col. Robert Butler, appointed a commissioner on the part of the
United States, met at Saint Augustine and, after inventory, proceeded to turn over for
Spain and receive for the United States the province of East Florida.
Copy of the paper in the English language, 8igned by the commissioner on the part of the
United States, and the commissioner on the part of His Catholic Majesty, upon the delivery
of possession of the province of East Florida to the United States.
In the place of St. Augustine, and on the 10th day of July, eighteen hundred and
twenty-one, Don José Coppinger, colonel of the national armies, and commissioner, ap-
pointed by his excellency the captain-general of the island of Čuba, to make a formal
delivery of this said place and province of East Florida to the Government of the United
States of America, by virtue of the treaty of cession concluded at Washington on the 22d
of February, 1819, and the royal schedule of delivery of the 24th of October, of the last
year, annexed to the documents mentioned in the certificate that form a heading to these
instruments in testimony thereof, and the adjutant-general of the southern division of
said States, Colonel Don Robert Butler, duly authorized by the aforesaid Government
to receive the same ; we having had several conferences in order to carry into effect our
respective commissions, as will appear by our official communications, and having re-
ceived by the latter, the documents, inventories, and plans, appertaining to the prop-
erty and sovereignty of the Spanish nation held in this province and its adjacent
islands depending thereon, with the sites, public squares, vacant lands, public edifices,
fortifications, and other works, not being private property, and the same having been
preceded by the arrangements and formalities that, for the greater solemnity of this
important act, they have judged proper, there has been verified, at four o'clock of the
evening of this day, the complete and personal delivery of the fortifications, and all
else of this aforesaid province to the commissioner, officers, and troops of the United
States; and, in consequence thereof, having embarked for the Havana the military and
civil officers and Spanish troops, in the American transports provided for this purpose,
the Spanish authorities having this moment ceased the exercise of their functions, and
those appointed by the American Government having began theirs; duly noting that

TRANSFER OF THE FLORIDAS. 117
we have transmitted to our governments the doubts occurring whether the artillery
ought to be comprehended in the fortifications, and if the public archives, relating to
private property, ought to remain and be delivered to the American Government by
virtue of the cession, and that there remains in the fortifications, until the aforesaid
resolution is made, the artillery, munitions, and implements, specified in a particular
inventory, awaiting on these points, and the others appearing in question in our cor-
respondence, the superior decision of our respective governments, and which is to
have, whatever may be the result, the most religious compliance at any time that it
may arrive, and in which the possession that at present appears given shall not serve
as an obstacle.
In testimony of which, and that this may at all times serve as an expressive and
formal receipt in this act, we, the subscribing commissioners, sign four instruments of
this same tenor, in the English and Spanish languages, at the above-mentioned place,
and said day, month, and year.
ROBERT BUTLER,
JOSE COPPINGER.
[To the original act there is a certificate in the Spanish language, of which the fol-
łowing is a translation :]
In faith whereof I certify that the preceding act was executed in the presence of the
illustrious Ayuntamiento, and various private persons assembled, and also of various
military and naval officers of the Government of the United States of America.
JUAN DE ENTRALGO,
Notary of the Government and Secretary of the Cabildo.
ST. AUGUSTINE, 10th July, 1821.
TRANSFER OF THE PROVINCE OF WEST FLORIDA.
The Province of West Florida was transferred to the United States July 17, 1821. It
was received by General Jackson, commissioner on behalf of the United States, from
José Callava, commissioner on behalf of Spain, at Pensacola. -
Copy of the paper in the English language signed by the commissioner on the part of the
United States, and the commissioner on the part of his catholic majesty, upon the delivery
of possession of the province of West Florida to the United States.
The undersigned, Major General Andrew Jackson, of the State of Tennessee, com-
missioner of the United States, in pursuance of the full powers received by him from
James Monroe, President of the United States of America, of the date of the 10th of
March, 1821, and of the 45th of the Independence of the United States of America, at-
tested by John Quincy Adams, Secretary of State, and Don José Callava, command-
ant of the province of West Florida, and commissioner for the delivery, in the name
of his catholic majesty, of the country, territories, and dependencies, of West Florida,
to the commissioner of the United States, in conformity with the powers, commission,
and special mandate, received by him from the captain-general of the Island of Cuba,
of the date of the 5th of May, 1821, imparting to him therein the royal order of the 24th
of October, 1820, issued and signed by his catholic majesty, Ferdinand the Seventh,
and attested by the secretary of state, Don Evaristo Perez de Castro.
Do certify by these presents, that, on the seventeenth day of July, one thousand eight
hundred and twenty-one of the Christian aera, and forty-sixth of the Independence of
the United States, having met in the court-room of the government house in the
town of Pensacola, accompanied on either part by the chiefs and officers of the army
and navy, and by a number of the citizens of the respective nations, the said Andrew
Jackson, major-general and commissioner, has delivered to the said Colonel Com-
mandant Don José Callava, his before-mentioned powers; whereby he recognizes him.
to have received full power and authority to take possession of, and to occupy, the
territories ceded by Spain to the United States by the treaty concluded at Washington
on the 22d day of February, 1819, and for that purpose to repair to said territories, and
there to execute and to peform all such acts and things touching the premises, as may
be necessary for fulfilling his appointment conformably to the said treaty and the laws
of the United States, with authority likewise to appoint any person or persons in his
stead, to receive possession of any part of the said ceded territories, according to the
stipulations of the said treaty: Wherefore, the Colonel Commandant Don José Cal-
lava immediately declared, that, in virtue and in performance of the power, commis-
sion, and special mandate, dated at Havana on the 5th of May, 1821, he thenceforth,
and from that moment, placed the said commissioner of the United States in posses-
sion of the country, territories, and dependencies, of West Florida, including the fort-
ress of-St. Marks, with the adjacent islands dependent upon said province, all public
lots and squares, vacant lands, public edifiees, fortifications, barracks, and other huild-
118 TRANSFER OF THE FLORIDAS.
ings which are not private property, according to, and in the manner set forth by, the
inventories and schedules which he has signed and delivered with the archives and
documents directly relating to the property and sovereignty of the said territory of
West Florida, including the fortress of St. Marks, and situated to the east of the
Mississippi River, the whole in conformity with the second article of the treaty of ces-
sion concluded at Washington the 22d of February, 1819, between Spain and the
United States, by Don Luis de Onis, minister plenipotentiary of his catholic majesty,
and John Quincy Adams, Secretary of State of the United States, both provided with
full powers, which treaty has been ratified on the one part by his catholic majesty,
Ferdinand the Seventh, and the President of the United States, with the advice and
consent of the Senate of the United States, on the other part; which ratifications have
been duly exchanged at Washington the 22d of February, 1821, and the forty-fifth of
the Independence of the United States of America, by General Don Dyonisius Wives,
minister plenipotentiary of his catholic majesty, and John Quincy Adams, Secretary
of State of the United States, according to the instrument signed on the same day:
And the present delivery of the country is made in order that, in execution of the said
treaty, the sovereignty and the property of that province of West Florida, including
the º of St. Marks, shall pass to the United States, under the stipulations therein
expressed.
And the said Colonel Commandant Don José Callava has, in consequence, at this
present time, made to the commissioner of the United States, Major-General Andrew
Jackson, in this public cession, a delivery of the keys of the town of Pensacola, of the
archives, documents, and other articles, in the inventories before mentioned; declar-
ing that he releases from their oath of allegiance to Spain the citizens and inhabitants
of West Florida who may choose to remain under the dominion of the United States.
And that this important and solemn act may be in perpetual memory, the within
named have signed the same, and have sealed with their respective seals, and caused
to be attested by their secretaries of commission, the day and year aforesaid.
ANDREW JACKSON. JOSE CALLAVA.
By order of the Commissioner on the part Por mandato de Su Senoria el Coronel Com-
of the United States. isario del Gobierno de España.
R. K. CALL, - - José Y. CRUZAT,
Sec'y of the Commission. I'l Secretario de la Comision.
July 17, 1821, the date cf the transfer of West Florida, General Jackson at Pensa-
cola issued the following:
Proclamation by Major-General Andrew Jackson, governor of the provinces of the Florida8,
eacercising the powers of the captain-general and of the intendant of the island of Cuba,
over the 8aid provinces, and of the governors of 8aid provinces, respectively.
Whereas, by the treaty concluded between the United States and Spain, on the 22d
day of February, 1819, and duly ratified, the provinces of the Floridas were ceded by
Spain to the United States, and the possession of the said provinces is now in the
l]nited States:
And whereas the Congress of the United States, on the 3d day of March, in the present
year, did enact that, until the end of the first session of the Seventeenth Congress, unless
provision for the temporary government of said provinces be sooner made by Congress,
all the military, civil, and judicial powers exercised by the officers of the existing gov-
ernment of the said provinces, shall be vested in such person and persons and shall be
exercised in such manner as the President of the United States shall direct, for the
maintaining the inhabitants of said territories in the free enjoyment of their liberty,
property, and religion; and the President of the United States has, by his commission,
bearing date the tenth day of said March, invested me with all the powers, and charged
me with the several duties, heretofore held and exercised by the captain-general, in-
tendant, and governors, aforesaid:
I have, therefore, thought fit to issue this my proclamation, making known the prem-
ises, and to declare that the government heretofore exercised over the said provinces,
under the authority of Spain, has ceased, and that that of the United States of America
is established over the same; that the inhabitants thereof will be incorporated in the
Union of the United States as soon as may be consistont with the principles of the
Federal Constitution, and admitted to the enjoyment of all the privileges, rights, and
immunities of the citizens of the United States; that, in the mean time, they shall
be maintained and protected in the free enjoyment of their liberty, property, and the
religion they profess; that all laws and municipal regulations which were in existence
at the cessation of the late government, remain in full force; and all civil officers
charged with their execution, except those whose powers have been especially vested
in me, and except, also, such officers as have been intrusted with the collection of the
revenue, are continued in their functions, during the pleasure of the governor for the
time being, or until provision shall otherwise be made.
*-
BoundARIES AND AREA OF THE FLORIDAs. 119.
And I do hereby exhort and enjoin all the inhabitants and other persons within the
said provinces, to be faithful and true in their allegiance to the United States, and,
obedient to the laws and authorities of the same, under full assurance that their just :
rights will be under the guardianship of the United States, and will be maintained
from all force and violence from without or within.
Given at Pensacola this [tenth day of July for East Florida, and seventeenth day of
July for West Florida,] one thousand eight hundred and twenty-one.
- ANDREW JACKSON.
By the governor :
R. K. CALL, Acting Secretary of the Florida8.
ST, AUGUSTINE, EAST FLORIDA, July 10, 1821.
By the governor :
ROBERT BUTLER, United States Commissioner.
And thus the banner of Spain, which was first raised in Florida April 8, 1512, giving-
place temporarily to the English from 1736 to 1783, was on the 10th and 17th of July,
1821, after a period of about three hundred and eight years, replaced by the flag of the
United States. •
BOUNIDARIES OF THE FLORIDAS.
General Jackson had serious difficulties thereafter with the Spanish officials in ob-
taining documents and papers relating to the transfer.
March 30, 1822, Congress passed an organic act for the Territory of Florida, provid-
ing a civil government, and thus superseding the laws of Spain, which continued in
force until this action by Congress. William P. Duval was appointed governor. The
treaty stipulation in regard to the western and southern boundary of the Louisiana
purchase, or eastern and western boundary of the Spanish possessions (Mexico) west
of the Mississippi, were not carried out with Spain because of the war between Mexico
and Spain. A. *
January 12, 1828, the United States entered into treaty with Mexico, J. R. Poinsett
acting on behalf of the United States, and S. Camacho and J. Y. Esteva on the part of
Mexico, at the City of Mexico. (Ratifications exchanged April 5, 1832; proclaimed April
5, 1832.) This treaty referred to the Florida treaty of 1819, and to the boundary line
which was established by Spain when Mexico constituted part of that monarchy,
and confirmed the third and fourth articles of the treaty of Spain with the United
States of 1819. It was ratified by the Senate of the United States with only three dis-
senting votes. This treaty was carried out, and the boundary between the United
States and Mexico fixed as follows:
The boundary line between the two countries, west of the Mississippi, shall begin on
the Gulf of Mexico, at the mouth of the river Sabine, in the sea, continuing north along
the western bank of that river to the thirty-second degree of latitude; thence by a
line due north to the degree of latitude where it strikes the Rio Roxo of Natchitoches,
or Red River; then following the course of the Rio Roxo westward to the degree of
longitude one hundred west from London and twenty-three from Washington; then
crossing the said Red River, and running thence by a line due north to the river Arkan-
sas; thence, following the course of the southern bank of the Arkansas, to its source,
in latitude forty-two north; and thence, by that parallel of latitude, to the South
Sea; the whole being as laid down in Melish's map of the United States, published at
Philadelphia, improved to the first of January, one thousand eight hundred and eight-
een. But if the source of the Arkansas River shall be found to fall north or south
of latitude forty-two, then the line shall run from the said source due south or north,
as the case may be, till it meets the said parallel of latitude forty-two, and thence along
the said parallel to the South Sea, all the islands in the Sabine, and the said Red and
Arkansas rivers, throughout the course thus described, to belong to the United States
of America; but the use of the waters and the navigation of the Sabine to the sea,
and of the said rivers Roxo and Arkansas, throughout the extent of the said boundary
on their respective banks, shall be common to the respective inhabitants of both na-
tions.
The two high contracting parties agree to cede and renounce all their rights, claims,
and pretensions to the territories described by the said line; that is to say, the United
States hereby cede to his catholic majesty, renounce forever, all their rights, claims,
and pretensions to the territories lying west and south of the above-described line;
I20 ANNEXATION OF TEXAS.
and, in like manner, his catholic majesty cedes to the said United States all his rights,
claims, and pretensions to any territories east and north of the said line; and for him-
self, his heirs, and successors, renounces all claim to the said territories forever.
COST AND AREA OF THE PURCHASE.
The Florida treaty cost the Government of the United States $5,000,000 in bonds
similar to those issued for the Louisiana purchase, and $1,489,768 of interest on the same
to the time of rédemption, delivered to the Spanish Government, a total of $6,489,768,
and added to the national and public domain 59,268 square miles or 37,931,520 acres,
or the present State of Florida, including certain grants. *.
The land laws of the United States were afterward extended, as to surveys and dis-
position, over Florida, and the lands were disposed of thereunder, excepting certain
grants made by English and Spanish authorities.
Decisions of the Supreme Court of the United States under this treaty, in relation
to lands and land titles, were in the cases of Foster et al. v. Neilson (2 Peters, 306); Sou-
lard et al. v. The United States (4 Peters, 511); Delaware v. The United States (9Peters,
117); Mitchel et al. v. The United States (9 Peters, 711); The United States v. Kings-
ley (12 Peters, 476); The United States v. Arredondo (6 Peters, 706); The United
States v. Percheman (9 Peters, 51).
Authorities cited hereunder: Hildreth, History of the United States, vol. 6; Ben-
ton, Thirty Years in the United States Senate, vol. 1; “Treaties and Conventions,”
State Department series, July 4, 1776–1871; American State Papers, vol. 12, Waite &
Sons, 1817; Charters and Constitutions, Ben. Perley Poore, vol. 1; Reports Supreme
Court of the United States, Peters, vols. 2, 4, 6, 7, 9, and 12.
A N N E X ATION OF T.H E RE PUBLIC OF TEXAS.
POLITICAL HISTORY.
The area embraced in the Texas annexation of 1845 was originally embraced in the
French or Spanish possessions west of the Mississippi. France never ceded her claim to
Texas due to discovery by LaSalle in 1682, and colonization in 1685, February 18, at Mat-
agorda Bay. In 1676 the Marquis Laguna, Viceroy of Mexico, sent an expedition to cap-
ture the country. In 1691 Don Domingo Teran was appointed governor of Cohahuila and
Texas, under Spain. The United States purchased the province of Louisiana from France
in 1803 and her claims to this territory as well. By the treaty of purchase of Florida in
1819 from Spain, however, the United States agreed to the present eastern boundary of
the State of Texas as the eastern boundary of Spanish possessions. The United States
of Mexico obtained, under the treaty at Cordova, February 24, 1821, their independ-
ence of Spanish rule. By treaty at Mexico, of date January 12, 1828, the boundary
between the two countries was confirmed and ratified as described and laid down by
the Spanish treaty of 1819. Cohahuila and Texas, the northeast provinces of Mexico,
were continued under one government and united as a state by the Mexican Govern-
ment, with a governor, remaining as they were under Spanish rule. A congress of
this State met at Saltillo in 1827 and framed a constitution, which was proclaimed
March 11, 1827, in which year Mr. Clay, Secretary of State under Mr. Adams, instruct-
ed J. R. Poinsett, minister of the United States to Mexico, to offer $1,000,000 for the
cession to the United States of Mexico's territory east of the Rio Grande, but Mr. Poin-
sett did not make this tender to the Mexican Government.
In 1829 Mr. Van Buren, Secretary of State under General Jackson, instructed our
minister to Mexico to offer four or five millions of dollars for the portion of Texas
this side of the Nueces River, but Mexico refused. In 1830 orders were issued to pre-
vent any further emigration from the United States. Another constitution was
formed and a declaration of independence made at San Felipe de Austin by a conven-
tion which met October 17, 1835. It was signed November 13, 1835. Henry Smith
was elected governor of the provisional government which was created thereunder,
ANNEXATION OF TEXAS. 121
REPUBLIC of TExAs ORGANIZED–REvoluTION AND waR witH MEXICo.
A war ensued between the Mexicans and the Americans in Texas. A declaration of
independence was adopted at Washington, on the Brazos River, by a convention, to-
gether with an executive ordinance. On May 27, 1836, the Republic of Texas was pro-
claimed, and David G. Burnet elected president. Its boundaries by act of congress of
the Republic were fixed on the north and east as settled in the treaty between the
United States and Spain, 1819, confirmed by Mexico in 1828; on the south and west from
the mouth of the Sabine along the Gulf; thence three leagues from shore to the mouth
of and up the Rio Grande River to its source, and thence due north to the forty-fourth
parallel north latitude.
REPUBLIC OF TEXAS RECOGNIZED BY THIE UNITED STATES.
By joint resolution, March 3, 1837, the Republic of Texas was recognized by the
United States. A convention was held between John Forsyth on behalf of the United
States, and Memucan Hunt for the Republic of Texas, at Washington, D.C., April 25,
1838, for marking the boundary between them, the ratifications of which were ex-
changed October 12, 1838, and the treaty proclaimed October 13, 1838. The following
is a copy of the same :
Treaty between the United States and Texas.
Whereas the treaty of limits made and concluded on the twelfth day of January, in
the year of our Lord one thousand eight hundred and twenty-eight, between the
United States of America on the one part and the United Mexican States on the other,
is binding upon the Republic of Texas, the same having been entered into at a time
when Texas formed a part of the said United Mexican States;
And whereas it is deemed proper and expedient, in order to prevent future disputes
and collisions between the United States and Texas in regard to the boundary be-
tween the two countries as designated by the said treaty, that a portion of the same
should be run and marked without unnecessary delay :
The President of the United States has appointed John Forsyth their plenipoten-
tiary, and the President of the Republic of Texas has appointed Memucan Hunt its
plenipotentiary;
And the said plenipotentiaries, having exchanged their full powers, have agreed
upon and concluded the following articles:
ARTICLE I. Each of the contracting parties shall appoint a commissioner and sur-
veyor, who shall meet, before the termination of twelve months from the exchange of
the ratifications of this convention, at New Orleans, and proceed to run and mark that
portion of the said boundary which extends from the mouth of the Sabine, where that
river enters the Gulph of Mexico, to the Red River. They shall make out plans and keep
journals of their proceedings, and the result agreed upon by them shall be considered
as part of this convention, and shall have the same force as if it were inserted therein.
The two governments will amicably agree respecting the necessary articles to be fur-
nished to those persons, and also as to their respective escorts, should such be deemed
necessary.
ART. II. And it is agreed that until this line shall be marked out, as is provided for in
the foregoing article, each of the contracting parties shall continue to exercise jurisdic-
tion in all territory over which its jurisdiction has hitherto been exercised; and that
the remaining portion of the said boundary line shall be run and marked at such time
hereafter as may suit the convenience of both the contracting parties, until which
time each of the said parties shall exercise, without the interference of the other,
within the territory of which the boundary shall not have been so marked and run,
jurisdiction to the same extent to which it has been heretofore usually exercised.
ART. III. The present convention shall be ratified, and the ratifications shall be ex-
#. º Washington, within the term of six months from the date hereof, or sooner
11 possible.
In witness whereof we, the respective plenipotentiaries, have signed the same, and
have hereunto affixed our respective seals.
Done at Washington this twenty-fifth day of April, in the year of our Lord one
thousand eight bundred and thirty-eight, in the sixty-second year of the Independence
of the United States of America, and in the third of that of the Republic of Texas.
- JOHN FORSYTH. [L. s.]
MEMUCAN HUNT. [L. S.]
122 ANNEXATION OF TEXAS.
ANNEXATION OF TEXAS TO THE UNITED STATES.
Texas Imade several applications for the recognition of her independence duling the
administrations of President Jackson and President Van Buren. Admission into the
Union was soon urged. President Tyler favored it, and the admission of Texas as a
State into the Union became a national political issue. In 1844 the annexation treaty
was rejected in the Senate by a vote of 16 to 35 nays.
March 1, 1845, the Congress of the United States passed a joint resolution for the
annexation of the Republic of Texas to the United States, as follows:
JOINT RESOLUTION for annexing Texas to the United States.
Resolved by the Senate and House of Representatives of the United States of America in
Congress assembled, That Congress doth consent that the territory properly included
within and rightfully belonging to the Republic of Texas may be erected into a new
State, to be called the State of Texas, with a republican form of government, to be
adopted by the people of said Republic by deputies in convention assembled, with the
consent of the existing government, in order that the same may be admitted as one of
the States of this Union.
SEC. 2. And be it further resolved, That the foregoing consent of Congress is given
upon the following conditions, and with the following guarantees, to wit:
First. Said State to be formed, subject to the adjustment by this Government of all
questions of boundary that may arise with other governments; and the constitution
thereof, with the proper evidence of its adoption by the people of said Republic of
Texas, shall be transmitted to the President of the United States, to be laid before
Congress for its final action, on or before the first day of January, one thousand eight
hundred and forty-six.
Second. Said State, when admitted into the Union, after ceding to the United States
all public edifices, fortifications, barracks, ports, and harbors, navy and navy-yards,
docks, magazines, arms, armaments, and all other property and means pertaining to
the public defence belonging to said Republic of Texas, shall retain all the public
funds, debts, taxes, and dues of every kind, which may belong to or be due and owing
said Republic ; and shall also retain all the vacant and unappropriated lands lying
within its limits, to be applied to the payment of the debts and liabilities of said
Republic of Texas; and the residue of said lands, after discharging said debts and
liabilities, to be disposed of as said State may direct, but in no event are said debts
and liabilities to become a charge upon the Government of the United States.
Third. New States, of convenient size, not exceeding four in number, in addition to
said State of Texas, and having sufficient population, may hereafter, by the consent of
said State, be formed out of the territory thereof, which shall be entitled to admission
under the provisions of the Federal Constitution. And such States as may be formed
out of that portion of said territory lying south of thirty-six degrees thirty minutes
north latitude, commonly known as the Missouri compromise line, shall be admitted
into the Union with or without slavery, as the people of each State asking admission
may desire. And in such State or States as shall be formed out of said territory north
of said Missouri compromise line, slavery or involuntary servitude (except for crimes)
shall be prohibited.
SEC. 3. And be it further resolved, That if the President of the United States shall, in
his judgment and discretion, deem it most advisable, instead of proceeding to submit
the foregoing resolution to the Republic of Texas, as an overture on the part of the
United States for admission, to negotiate with that Republic; then,
Be it resolved, That a State, to be formed out of the present Republic of Texas, with
suitable extent and boundaries, and with two Representatives in Congress, until the
Inext apportionment of representation, shall be admitted into the Union, by virtue of
this act, on an equal footing with the existing States, as soon as the terins and condi-
tions of such admission, and the cession of the remaining Texan territory to the United
States, shall be agreed upon by the governments of Texas and the United States: That
the sum of one hundred thousand dollars be, and the same is hereby, appropriated to
defray the expenses of missions and negotiations, to agree upon the terms of said ad-
mission and cession, either by treaty to be submitted to the Senate, or by articles to be
submitted to the two houses of Congress, as the President may direct.
This joint resolution passed the House of Representatives February 25, 1845, by a
vote of 120 ayes to 98 nays. It passed the Senate by a vote of 27 ayes to 25 nays
March 1, 1845, and was approved by President Tyler. A messenger was dispatched
with these resolutions at once to the Republic of Texas.
A
ANNEXATION OF TEXAS. • 123
CONSENT OF TEXAS TO ANNEXATION TO THE UNITED STATES.
The following was the consent of Texas to annexation :
Whereas the Government of the United States hath proposed the following terms,
guarantees, and conditions on which the people and territory of the Republic of Texas
may be erected into a new State, to be called the State of Texas, and admitted as one
of the States of the American Union, to wit:
[Here follow the first and second sections of the resolutions of the Congress of the
United States, above set out, of March 1, 1845.]
And whereas, by said terms, the consent of the existing government of Texas is re-
quired ; therefore
Be it resolved by the senate and house of representatives of the Republic of Texas, in con-
gress assembled, That the government of Texas doth consent that the people and ter-
ritory of the Republic of Texas may be erected into a new State, to be called the State
of Texas, with a republican form of government, to be adopted by the people of said
Republic, by deputies in convention assembled, in order that the same may be admitted
as one of the States of the American Union ; and said consent is given on the terms,
guarantees, and conditions set forth in the preamble of this joint resolution.
SEC. 2. Be it further resolved, That the proclamation of the president of the Repub-
lic of Texas, bearing date May fifth, eighteen hundred and forty-five, and the election
of deputies to sit in convention at Austin, on the fourth day of July next, for the adop-
tion of a constitution for the State of Texas, had in accordance therewith, hereby re-
ceives the consent of the existing government of Texas. -
SEC. 3. Be it further resolved, That the President of Texas is hereby requested im-
mediately to furnish the Government of the United States, through their accredited
minister near this government, with a copy of this joint resolution; also, to furnish
the convention to assemble at Austin, on the fourth of July next, a copy of the same,
and the same shall tăke effect from and after its passage.
An ordinance.
Whereas, The Congress of the United States of America has passed resolutions pro-
viding for the annexation of Texas to that Union, which resolutions were approved by
the President of the United States on the first day of March, one thousand eight hun-
dred and forty-five; and whereas the President of the United States has submitted to
Texas the first and second sections of the said resolutions, as the basis upon which
Texas may be admitted as one of the States of the said Union; and whereas the exist-
ing government of the Republic of Texas has assented to the proposals thus made, the
terms and conditions of which are as fºllows: [Here follow the resolutions, above
referred to, of March 1, 1845.]
Now, in order to manifest the assent of the people of this republic, as required in the
above-recited portions of the said resolutions, we, the deputies of the people of Texas
in convention assembled, in their name and by their authority, do ordain and declare
that we assent to and accept the proposals, conditions, and guarantees contained in
the first and second sections of the resolutions of the Congress of the United States
aforesaid.
Done at the city of Austin, Republic of Texas, July 4, 1845.
-- WM. J. RUSK, President.
PHIL. M. CUNY. ISAAC WAN ZANDT. A. W. O. HICKS.
H. G. RUNNELS. S. HOLLAND. JAMES M. BURROUGHS.
ROBERT M. FORBES. EDWARD CLARK. H. L. KINNEY.
SAM LUSK. GEO. W. SMYTH. WILLIAM L. CAZNEAU.
JNO. CALDWELL. JAMES ARMSTRONG. A. S. CUNNINGHAM.
JOSE ANTONIO NAVARRO. JOHN M. LEWIS. ABNER S. LIPSCOM.B.
GEO. W.M. BROWN, JAMES SCOTT. JOHN HEMPHILL.
GUSTAVUS A. EVERTS. ARCHIBALD MCNEILL. WAN R. IRION.
LEMUEL DALE EVANS. A. C. HORTON. WOLNEY E. HOWARD.
J. B. MILLER. ISRAEL STANDEFER. E. H. TARRANT.
R. E. B. BAYLOR. JOS. L. HOGG. FRANCIS M. WHITE.
J. S. MAYFIELD. CHAS. S. TAYLOR. JAMES DAVIS.
R. BACHE. DAVID GAGE. GEORGE T. WOOD.
JAMES LOVE. HENRY J. JEWETT. G. W. WRIGHT.
WM. L. HUNTER. CAVITT ARMSTRONG. H. R. LATIMER.
JNO. D. ANDERSON. JAMES POWER. W. B. OCHILTREE.
ISAAC PARKER. ALBERT H. LATIMER. OLIVER JONES.
P. O. LUMPKIN. WM. C. YOUNG. B. C. BAGBY.
FRANCIS MOORE, JR. J. PINCENEY HENDERSON. CHAS. BELLINGER STEWART.
ISAAC W. BRASHEAR. NICHOLAS H. DARNELL.
ALEXANDER McGOWAN. EMERY RAINS.
Attest :
JAS. H. RAYMOND, Secretary.
124 TREATY OF GUADALUPE HIDALGO.
A constitutional convention met at Austin—named after acolonist of that name—July
4, 1845, and completed its work August 27, 1845. The constitution so framed was sub-
mitted to the people October 13, 1845, and ratified by a vote of 4,174 ayes to 312 nays.
TEXAS ADMITTED INTO THE UNION.
December 29, 1845, Congress passed the following joint resolution:
JOINT RESOLUTION for the admission of the State of Texas into the Union.
Whereas the Congress of the United States, by a joint resolution approved March the
first, eighteen hundred and forty-five, did consent that the territory properly included
within, and rightfully belonging to, the Republic of Texas, might be erected into a
new State, to be called the State of Texas, with a republican form of government, to
be adopted by the people of said Republic, by deputies in convention assembled, with
the consent of the existing government, in order that the same might be admitted as
one of the States of the Union; which consent of Congress was given upon certain
conditions specified in the first and second sections of said joint resolution; and
whereas the people of the said Republic of Texas, by deputies in convention assem-
bled, with the consent of the existing government, did adopt a constitution, and erect
a new State, with a republican form .# government, and, in the name of the people of
Texas, and by their authority, did ordain and declare that they assented to and ac-
cepted the proposals, conditions, and guarantees contained in said first and second
sections of said resolution; and whereas the said constitution, with the proper evi-
dence of its adoption by the people of the Republic of Texas, has been transmitted
to the President of the United States, and laid before Congress, in conformity to the
provisions of said joint resolution: Therefore,
Re80lved by the Senate and House of Representatives of the United States of America in
Congress assembled, That the State of Texas shall be one, and is hereby declared to be
one, of the United States of America, and admitted into the Union on an equal footing
With the original States in all respects whatever.
SEC. 2. And be it further resolved, That until the Representatives in Congress shall be
apportioned according to an actual enumeration of the inhabitants of the United States,
the State of Texas shall be entitled to choose two Representatives. :

This was approved by President Polk December 29, 1845.
AREA OF ANNExºp TERRITORY.
The territory acquired by this annexation was equal to the area of the present State
of Texas, viz: 274,356 square miles, or 175,587,840 acres; and the land ceded by Texas
in 1850 to the United States for $16,000,000, amounting to 96,707 square miles, or
61,892,480 acres, which became a part of the public domain. It added to the national
domain 371,063 square miles, or 237,480,320 acres. -
The State of Texas retained the disposition of her public lands. The United States
never owned public lands in Texas. The State has a land office for the sale and dis-
position of her large unoccupied domain and makes grants to railroads, and for other
purposes, being sovereign over the land. She has her own settlement laws.
THE TREATY OF GUADALUPE HIDALGO—ACQUISITION OF TERRITORY
FROM THE REPUBLIC OF MEXICO.
PRELIMINARY ATTEMPTS AT PURCHASE, AND HISTORY.
The treaty of Guadalupe Hidalgo, between the United States and the Republic of
Mexico, February 2, 1848, added to the national and public domain the territory lying
between the Rio Grande River north along the one hundred and sixth meridian of longi-
tude west from Greenwich to the forty-second parallel north latitude, and along that
parallel to the Pacific Ocean. Prior to the time that Commodore Sloat took possession
of California, she had been the object of jealous attention on the part of several foreign
nations. The Russians established themselves at Bodega, on the coast of California, in
the year 1812, by permission of Spain, for the purpose of fishing and obtaining furs.
TREATY OF GUADALUPE HIDALGO. 125.
Then, after this, they brought cattle, raised herds, and produced wheat. Forty miles
from Bodega, beyond the San Sebastian River, they built Fort Slawianski, called by the
Mexicans “Fort of Ross.” They flew the Russian flag, and the military governor ap-
pointed by the Czar of Russia was in command. During the Mexican revolution they
assumed to be the actual owners of the territory thus occupied. In the year 1842,
through the fostering care of the Russian home government, this colony possessed one-
sixth of the white population of California. After the United States finally acquired
California this military colony was withdrawn.
In the year 1835, President Jackson proposed to the government of Mexico to pur-
chase the territory lying east and north of a line drawn from the Gulf of Mexico along
the eastern bank of the Rio Grande up to the thirty-seventh parallel north latitude, and
thence along that parallel to the Pacific Ocean. This would have obtained the Bay of
San Francisco, but the negotiation failed. Frémont's expedition by land and Wilkes's
exploring expedition by sea and land, all under Government auspices, gave much
information to the country at large of the Pacific Coast.
In 1841, by order of Marshal Soult, minister of war of France, an attaché of the
French mission to Mexico, M. Duflot de Mofras, visited California and made a thorough
exploration. He remained there two years.
In 1846 an informal meeting of citizens and natives of California was held at Monte-
rey to consider annexation. The consuls of England (Forbes), of France (Guys), and
of the United States (Larkin) were working during this period to encourage in the
Californians a desire for annexation to one of their respective countries. Mem-
bers were elected to a convention to consider annexation, but it never met. It
was claimed that Great Britain intended to seize California as an equivalent for the
Mexican debt due to British subjects. She had a fleet in the Pacific waters watching
the American fleet, and it entered the harbor of Monterey a few hours after Commo-
dore Sloat had there raised the American flag, July 7, 1846. It is presumed from
official action on the part of the naval and other officers of the United States Govern-
ment, that our navy was to see that no foreign government took possession of California.
(See Mr. Buchanan’s letter to Minister Slidell, April 10, 1845, as to the French and
English designs.)
After the terms of annexation offered to Texas by the United States had been ac-
cepted by Texas, President Polk, in 1845, ordered the army of the United States to
occupy the western portion of Texas, between the Nueces and Rio Grande rivers and
to hold it. A strong naval force in the Gulf was ordered to co-operate with the army.
Under date of November 10, 1845, Mr. Buchanan, Secretary of State, instructed John
Slidell, United States minister to Mexico, to offer the Mexican Government, for the ces-
sion of New Mexico and a boundary line on the Rio Grande and to the forty-second par-
allel north latitude, the assumption of claims of American citizens against Mexico, and
$5,000,000; for the cession of the province of California, the assumption of claims of
American citizens against Mexico and $25,000,000; and for the bay and harbor of San
Francisco and north of it, $20,000,000.
WAR WITH MEXICO, MAY 13, 1846.
On the 13th of May, 1846, Congress passed a law declaring that “war existed by the
act of Mexico,” and the war with Mexico ensued.
THE PRELIMINARY STEPs TOWARD PEACE.
April 15, 1845, President Polk commissioned Nicholas P. Trist, esq., chief clerk of the
Department of State, to proceed, as the confidential agent of the Government and com-
missioner, to Mexico. He was furnished with a project of treaty, stating the purchase
prices to be paid for the extension of our boundary. Upon his arrival in Mexico, Mr.
Trist opened his negotiations with the Mexican authorities. On the 2d of September,
1847, he met the Mexican commissioners and tried to arrange a treaty, but failed. A
126 TREATY OF GUADALUPE HIDALGO.
temporary armistice was granted. September 6, General Scott notified Santa Anna that
he would resume military operations the next day, as the armistice had been repeat-
edly broken. On the 7th the war was resumed.
November 22, proposals were received from the Mexican authorities for negotiations
for a treaty.
THE TREATY OF GUADALUPE HIDALGO.
It was made by Nicholas Trist, esq., on behalf of the United States (although a long
time beſire recalled), and Luis G. Cuevas, Bernardo Couto and Miguel Atristain on the
part of Mexico. This treaty was done at the City of Guadalupe Hidalgo, Mexico,
February 2, 1848. Mr. Trist transmitted it to Mr. Buchanan, Secretary of State, and
President Polk sent it to the Senate with a message on Wednesday, February 23, 1848.
He recommended that the tenth article should not be ratified. The Senate, after de-
bate, amended it. It was finally adopted with amendments, March 10, 1848, by a vote
of yeas 38, nays 14.
By and with the advice of the Senate, President Polk appointed Hon. Ambrose H.
Sevier (United States Senator), of Arkansas, and Hon. Nathaniel Clifford (Attorney-
General), of Maine, commissioners to Mexico, as envoys extraordinary and ministers
plenipotentiaries. They took with them a copy of the treaty, with the amendments
of the Senate duly ratified by the President, and had full powers to ratify the same
The protocol to the treaty was their work. They arrived at the city of Queretaro
May 5, 1848. The amended treaty was submitted to the Mexican Senate on that day,
and it passed by a vote of 33 ayes to 5 nays. It had previously passed the House of
Deputies.
On the 30th of May, at the same city, ratifications were exchanged, and afterwards
the commissioners at the city of Mexico paid over the $3,000,000 cash payment.
Treaty of peace, friendship, limits, and settlement, with the Republic of Mexico, concluded
February 2, 1848; ratifications exchanged at Queretaro, May 30, 1848; proclaimed July
4, 1848.
In the name of Almighty God:
The United States of America and the United Mexican States, animated by a sincere
desire to put an end to the calamities of the war which unhappily exists between the
two Republics, and to establish upon a solid basis relations of peace and friendship,
which shall confer reciprocal benefits upon the citizens of both, and assure the con-
cord, harmony, and mutual confidence wherein the two people should live, as good
neighbours, have for that purpose appointed their respective plenipotentiaries, that is
to say : -
The President of the United States has appointed Nicholas P. Trist, a citizen of the
United States, and the President of the Mexican Republic has appointed Don Luis
; Cuevas, Don Bernardo Couto, and Don Miguel Atristain, citizens of the said
epublic ;
Who, after a reciprocal communication of their respective full powers, have, under
the protection of Almighty God, the author of peace, arranged, agreed upon, and signed
the following treaty of peace, friendship, limits, and settlement between the United
States of America and the Mexican Republic: &
ARTICLE I. There shall be firm and universal peace between the United States of
America and the Mexican Republic, and between their respective countries, territories,
cities, towns, and people, without exception of places or persons.
ART II. Immediately upon the signature of this treaty, a convention shall be en-
tered into between a commissioner or commissioners appointed by the general-in-chief of
the forces of the United States, and such as may be appointed by the Mexican Govern-
ment, to the end that a provisional suspension of hostilities shall take place, and that
in the places occupied by the said forces, constitutional order may be re-established,
as regards the political, administrative, and judicial branches, so far as this shall be
permitted by the circumstances of military occupation.
ART. III. Immediately upon the ratification of the present treaty by the Government
Qf the United States, orders shall be transmitted to the commanders of their land and
naval forces requiring the latter (provided this treaty shall then have been ratified by
the government of the Mexican Republic, and the ratifications exchanged) immediately
to desist from blockading any Mexican ports; and requiring the former (under the
same conditior) to commence, at the earliest moment practicable, withdrawing all
TREATY OF GUADALUPE HIDALGO. 127
troops of the United States then in the interior of the Mexican Republic, to points
that shall be selected by common agreement, at a distance from the seaports not ex-
ceeding thirty leagues; and such evacuation of the interior of the Republic shall be
completed with the least possible delay; the Mexican Government hereby binding
itself to afford every facility in its power for rendering the same convenient to the
troops, on their march and in their new positions, and for promoting a good under-
standing between them and the inhabitants. In like manner orders shall be de-
spatched to persons in charge of the custom-houses at all ports occupied by the forces
of the United States, requiring them (under the same condition) immediately to de-
liver possession of the same to the persons authorized by the Mexican Government to
receive it, together with all bonds and evidences of debt for duties on importations
and on exportations, Lot yet fallen due. Moreover, a faithful and exact account shall
be made out, showing the entire amount of all duties on imports and exports, collected
at such custom-houses, or elsewhere in Mexico, by authority of the United States,
from and after the day of ratification of this treaty by the government of the Mexican
Republic; and also an account of the cost of collection; and such entire amount, de-
ducting only the cost of collection, shall be delivered to the Mexican Government, at
the city of Mexico, within three months after the exchange of ratifications.
The evacuation of the capital of the Mexican Republic by the troops of the United
States, in virtue of the above stipulation, shall be completed in one month after the
orders there stipulated for shall have been received by the commander of said troops,
or Sooner if possible.
ART. IV. Immediately after the exchange of ratifications of the present treaty all cas-
tles, forts, territories, places, and possessions, which have been taken or occupied by the
forces of the United States during the present war, within the limits of the Mexican
Republic, as about to be established by the following article, shall be definitively re-
stored to the said Republic, together with all the artillery, arms, apparatus of war,
munitions, and other public property, which were in the said castles and forts when
captured, and which shall remain there at the time when this treaty shall be duly rat-
ified by the government of the Mexican Republic. To this end, immediately upon the
signature of this treaty, orders shall be despatched to the American officers command-
ing such castles and forts, securing against the removal or destruction of any such
artillery, arms, apparatus of war, munitions, or other public property. The city of
Mexico, within the inner line of intrenchments surrounding the said city, is compre-
º in the above stipulation, as regards the restoration of artillery, apparatus of
War, &c. * *
The final evacuation of the territory of the Mexican Republic, by the forces of the
United States, shall be completed in three months from the said exchange of ratifica-
tions, or sooner if possible; the Mexican Government hereby engaging, as in the fore-
going article, to use all means in its power for facilitating such evacuation, and ren-
dering it convenient to the troops, and for promoting a good understanding between
them and the inhabitants,
If, however, the ratification of this treaty by both parties should not take place in
time to allow the embarcation of the troops of the United States to be completed be-
fore the commencement of the sickly season, at the Mexican ports on the Gulf of Mex-
ico, in such case a friendly arrangement shall be entered into between the general-in-
chief of the said troops and the Mexican Government, whereby healthy and otherwise
suitable places at a distance from the ports not exceeding thirty leagues, shall be
designated for the residence of such troops as may not yet have embarked, until the
return of the healthy season. And the space of time here referred to as comprehend-
ing the sickly season shall be understood to extend from the first day of May to the
first day of November. - -
All prisoners of war taken on either side, on land or on sea, shall be restored as soon
as practicable after the exchange of ratifications of this treaty. It is also agreed that if
any Mexicans should now be held as captives by any savage tribe within the limits of
the United States, as about to be established by the following article, the Government
of the said United States will exact the release of such captives, and cause them to be
restored to their country.
ART. V. The boundary line between the two Republics shall commence in the Gulf of
Mexico, three leagues from land, opposite the mouth of the Rio Grande, otherwise called
the Rio Bravo del Norte, or opposite the mouth of its deepest branch, if it should have
more than one branch emptying directly into the sea; from thence up the middle of that
river, following the deepest channel, where it has more than one, to the point where it
strikes the southern boundary of New Mexico; thence westwardly, along the whole
southern boundary of New Mexico (which runs north of the town called Paso) to its
western termination; thence, northward, along the western line of New Mexico, until
it intersects the first branch of the river Gila (or if it should not intersect any branch
of that river, then to the point on the said line nearest to such branch, and thence in a
direct line to the same); thence down the middle of the said branch and of the said
river, until it empties into the Rio Colorado; thence across the Rio Colorado, following
the division line between Upper and Lower California, to the Pacific Ocean.
128 TREATY OF GUADALUPE HIDALGO.
The southern and western limits of New Mexico, mentioned in this article, are those
laid down in the map entitled “Map of the United Mexican States, as organized and
defined by various acts of the congress of said IRepublic, and constructed according to the
best authorities. Revised edition. Published at New York, in 1847, by J. Disturnell; ”
of which map a copy is added to this treaty, bearing the signatures and seals of the
undersigned plenipotentiaries. And, in order to preclude all difficulty in tracing
upon the ground the limit separating Upper from Lower California, it is agreed that
the said limit shall consist of a straight line drawn from the middle of the Rio Gila,
where it unites with the Colorado, to a point on the coast of the Pacific Ocean, distant
one marine league due south of the southernmost point of the port of San Diego, ac-
cording to the plan of said port made in the year 1782 by Don Juan Pantoja, second
sailing-master of the Spanish fleet, and published at Madrid in the year 1802, in the
atlas to the voyage of the schooners Sutil and Mexicana; of which plan a copy is here-
unto added, signed and sealed by the respective plenipotentiaries.
In order to designate the boundary line with due precision, upon authoritative maps,
and to establish upon the ground landmarks which shall show the limits of both Re-
publics, as described in the present article, the two governments shall each appoint
a commissioner and a surveyor, who, before the expiration of one year from the date
of the exchange of ratifications of this treaty, shall meet at the port of San Diego,
and proceed to run and mark the said boundary in its whole course to the mouth of
the Rio Bravo del Norte. They shall keep journals and make out plans of their oper-
ations; and the result agreed upon by them shall be deemed a part of this treaty, and
shall have the same force as if it were inserted therein. The two governments will
amicably agree regarding what may be necessary to these persons, and also as to their
respective escorts, should such be necessary.
The boundary line established by this article shall be religiously respected by each
of the two Republics, and no change shall ever be made therein, except by the express
and free consent of both nations, lawfully given by the General Government of each,
in conformity with its own constitution. - -
ART. WI. The vessels and citizens of the United States shall, in all time, have a free and
uninterrupted passage by the Gulf of California, and by the river Colorado below its con-
fluence with the Gila, to and from their possessions situated north of the boundary
line defined in the preceding article; it being understood that this passage is to be by
navigating the Gulf of California and the river Colorado, and not by land, without
the express consent of the Mexican Government. -
If, by the examinations which may be made, it should be ascertained to be practi-
cable and advantageous to construct a road, canal, or railway, which should in whole
or in part run upon the river Gila, or upon its right or its left bank, within the space
of one marine league from either margin of the river, the governments of both Repub-
lics will form an agreement regarding its construction, in order that it may serve
equally for the use and advantage of both countries.
ART. VII. The river Gila, and the part of the Rio Bravo del Norte lying below the south-
ern boundary of New Mexico, being, agreeably to the fifth article, divided in the middle
between the two Republics, the navigation of the Gila and of the Bravo below said
boundary shall be free and common to the vessels and citizens of both countries; and
neither shall, without the consent of the other, construct any work that may inmpede
or interrupt, in whole or in part, the exercise of this right ; not even for the purpose
of favouring new methods of navigation. Nor shall any tax or contribution, under any
denomination or title, be levied upon vessels or persons navigating the same, or upon
merchandise or effects transported thereon, except in the case of landing upon one of
their shores. If, for the purpose of making the said rivers navigable, or for maintain-
ing them in such state, it should be necessary or advantageous to establish any tax or
contribution, this shall not be done without the consent of both governments.
The stipulations contained in the present article shall not impair the territorial
rights of either Républic within its established limits.
ART. VIII. Mexicans now established in territories previously belonging to Mexico,
and which remain for the future within the limits of the United States, as defined by
the present treaty, shall be free to continue where they now reside, or to remove at any
time to the Mexican Republic, retaining the property which they posesss in the said
territories, or disposing thereof, and removing the proceeds wherever they please, with-
out their being subjected, on this account, to any contribution, tax, or charge whatever.
Those who shall prefer to remain in the said territories may either retain the title and
rights of Mexican citizens, or acquire those of citizens of the United States. But they
shall be under the obligation to make their election within one year from the date of
the exchange of ratifications of this treaty; and those who shall remain in the said
territories after the expiration of that year, without having declared their intention to
retain the character of Mexicans, shall be considered to have elected to become citizens
of the United States.
In the said territories, property of every kind, now balonging to Mexicans not estab-
lished there, shall be inviolably respected. The present owners, the heirs of these, and
all Mexicans, who may hereafter acquire said property by contract, shall enjoy with
TREATY OF GUADALUPE EIIIDALGO. 129
respect to it guarantees equally ample as if the same belonged to citizens of the United
States. -
ART. IX. The Mexicans who, in the territories aforesaid, shall not preserve the char-
acter of citizens of the Mexican Republic, conformably with what is stipulated in the
preceding article, shall be incorporated into the Union of the United States, and be ad-
mitted at the proper time (to be judged of by the Congress of the United States) to the
enjoyment of all the rights of citizens of the United States, according to the principles
of the Constitution; and in the mean time, shall be maintained and protected in the
free enjoyment of their liberty and property, and secured in the free exercise of their re-
ligion without restriction. *
ART. X. [Stricken out. )
ART. XI. Considering that a great part of the territories, which, by the present treaty,
are to be comprehended for the future within the limits of the United States, is now
occupied by savage tribes, who will hereafter be under the exclusive controul of the Gov-
ernment of the United States, and whose incursions within the territory of Mexico
would be prejudicial in the extreme, it is solemnly agreed that all such incursions shall
be forcibly restrained by the Government of the United States whensoever this may be
necessary; and that when they cannot be prevented, they shall be punished by the
said Government, and satisfaction for the same shall be exacted—all in the same way,
and with equal diligence and energy, as if the same incursions were meditated or
committed within its own territory, against its own citizens.
It shall not be lawful, under any pretext whatever, for any inhabitant of the United
States to purchase or acquire any Mexican, or any foreigner residing in Mexico, who
may have been captured by Indians inhabiting the territory of either of the two Re-
publics; nor to purchase or acquire horses, mules, cattle, or property of any kind, stolen
within Mexican territory by such Indians.
And in the event of any person or persons, captured within Mexican territory by In-
dians, being carried into the territory of the United States, the Government of the
latter engages and binds itself, in the most solemn manner, so soon as it shall know of
such captives being within its territory, and shall be able so to do, through the faithful
exercise of its influence and power, to rescue them and return them to their country,
ordeliver them to the agent or representative of the Mexican Government. The Mexican
authorities will, as far as practicable, give to the Government of the United States
notice of such captures; and its agents shall pay the expenses incurred in the mainten-
ance and transmission of the rescued captives; who, in the mean time, shall be treated
with the utmost hospitality by the American authorities at the place where they may
be. But if the Government of the United States, before receiving such notice from
Mexico, should obtain intelligence, through any other channel, of the existence of
Mexican captives within its territory, it will proceed forth with to effect their release
and delivery to the Mexican agent, as above stipulated.
For the purpose of giving to these stipulations the fullest possible efficacy, thereby
affording the security and redress demanded by their true spirit and intent, the Govern-
ment of the United States will now and hereafter pass, without unnecessary delay, and
always vigilantly enforce, such laws as the nature of the subject may require. And,
finally, the sacredness of this obligation shall never be lost sight of by the said Govern-
ment, when providing for the removal of the Indians from any portion of the said terri-
tories, or for its being settled by citizens of the United States; but, on the contrary,
special care shall then be taken not to place its Indian occº pants under the necessity
of seeking new homes, by committing those invasions which the United States have
solemnly obliged themselves to restrain.
ART. XII. In consideration of the extension acquired by the boundaries of the United
States, as defined in the fifth article of the present treaty, the Government of the United
i. engages to pay to that of the Mexican Republic the sum of fifteen millions of
ollars. *
Immediately after this treaty shall have been duly ratified by the government of the
Mexican Republic, the sum of three millions of dollars shall be paid to the said govern-
ment by that of the United States, at the city of Mexico, in the gold or silver coin of
Mexico. The remaining twelve millions of dollars shall be paid at the same place, and
in the same coin, in annual instalments of three millions of dollars each, together with
interest on the same at the rate of six per centum per annum. This interest shall begin
to run upon the whole sum of twelve millions from the day of the ratification of the
present treaty by the Mexican Government, and the first of the instalments shall be
paid at the expiration of one year from the same day. Together with each annual instal-
ment, as it falls due, the whole interest accruing on such instalment from the beginning
shall also be paid. z
ART. XIII. The United States engage, moreover, to assume and pay to the claimants
all the amounts now due them, and those hereafter to become due, by reason of the
claims already liquidated and decided against the Mexican Republic, under the conven-
tions between the two Republics severally concluded on the eleventh day of April,
eighteen hundred and thirty nine, and on the thirtieth day of January, eighteen hun.
9 L O—WOL III

130 TREATY OF GUADALUPE HIDALGO.
dred and forty-three; so that the Mexican Republic shall be absolutely exempt, for the
future, from all expense whatever on account of the sa... claims.
ART, XIV. The United States do furthermore discharge the Mexican Republic from
all claims of citizens of the United States, not heretofore decided against the Mexican
Government, which may have arisen previously to the date of the signature of this
treaty ; which discharge shall be final and perpetual, whether the said claims be re-
jected or be allowed by the board of commissioners provided for in the following
article, and whatever shall be the total amount of those allowed.
ART. XV. The United States, exonerating Mexico from all demands on account of the
claims of their citizens mentioned in the preceding article, and considering them en-
tirely and forever cancelled, whatever their amount may be, undertake to make satis-
faction for the same, to an amount not exceeding three and one-quarter millions of
dollars. To ascertain the validity and amount of those claims, a board of commis-
Sioners shall be established by the Government of the United States, whose awards
Shall be final and conclusive; provided that, in deciding upon the validity of each
claim, the board shall be guided and governed by the principles and rules of decision
prescribed by the first and fifth articles of the unratified convention, concluded at the
city of Mexico on the twentieth day of November, one thousand eight hundred and
forty-three; and in no case shall an award be made in favour of any claim not em-
braced by these principles and rules. *
If, in the opinion of the said board of commissioners or of the claimants, any books,
-Tecords, or documents, in the possession or power of the government of the Mexican
Republic, shall be deemed necessary to the just decision of any claim, the commis-
'sioners, or the claimants through them, shall, within such period as Congress may
"designate, make an application in writing for the same, addressed to the Mexican min-
ister for foreign affairs, to be transmitted by the Secretary of State of the United
States; and the Mexican Government engages, at the earliest possible moment after
the receipt of such demand, to cause any of the books, records, or documents so speci-
fied, which shall be in their possession or power (or authenticated copies or extracts
of the same), to be transmitted to the said Secretary of State, who shall immediately
deliver them over to the said board of commissioners; provided that no such appli-
cation shall be made by or at the instance of any claimant, until the facts which it is
expected to prove by such books, records, or documents, shall have been stated under
oath or affirmation.
ART, XVI. Each of the contracting parties reserves to itself the entire right to fortify
'whatever point within its territory it may judge proper so to fortify for its security.
ART. XVII. The treaty of amity, commerce, and navigation, concluded at the city
of Mexico on the fifth day of April, A. D. 1831, between the United States of America
and the United Mexican States, except the additional article, and except so far as the
istipulations of the said treaty may be incompatible with any stipulation contained in
the present treaty, is hereby revived for the period of eight years from the day of the
exchange of ratifications of this treaty, with the same force and virtue as if incorpo-
rated therein; it being understood that each of the contracting parties reserves to
itself the right, at any time after the said period of eight years shall have expired, to
terminate the same by giving one year's notice of such intention to the other party.
ART. XVIII. All supplies whatever for troops of the United States in Mexico, arriv-
ing at ports in the occupation of such troops previous to the final evacuation thereof,
although subsequently to the restoration of the custom-houses at such ports, shall be
entirely exempt from duties and charges of any kind; the Government of the United
States hereby engaging and pledging its faith to establish, and vigilantly to enforce,
all possible guards for securing the revenue of Mexico, by preventing the importation,
under cover of this stipulation, of any articles other than such, both in kind and in
quantity, as shall really be wanted for the use and consumption of the forces of the
United States during the time they may remain in Mexico. To this end it shall be the
duty of all officers and agents of the United States to denounce to the Mexican author-
ities at the respective ports any attempts at a fraudulent abuse of this stipulation,
which they may know of, or may have reason to suspect, and to give to such author-
ities all the aid in their power with regard thereto; and every such attempt, when duly
proved and established by sentence of a competent tribunal, shall be punished by the
confiscation of the property so attempted to be fraudulently introduced.
AIRT. XIX. With respect to all merchandise, effects, and property whatsoever, im-
ported into ports of Mexico whilst in the occupation of the forces of the United States,
whether by citizens of either Republic, or by citizens or subjects of any neutral
nation, the following rules shall be observed: -
1. All such merchandise, effects, and property, if imported previously to the restora-
tion of the custom-houses to the Mexican authorities, as stipulated for in the third
article of this treaty, shall be exempt from confiscation, although the importation of
the same be prohibited by the Mexican tariff.
2. The same perfect exemption shall be enjoyed by all such merchandise, effects,
and property, Imported subsequently to the restoration of the custom-houses, and
TREATY OF GUADALUPE HIDALGO. 131
previously to the sixty days fixed in the following article for the coming into force of
the Mexican tariff at such ports respectively; the said merchandise, effects, and prop-
erty being, however, at the time of their importation, subject to the payment of du-
ties, as provided for in the said following article. - -
3. All merchandise, effects, and property described in the two rules foregoing shall,
during their continuance at the place of importation, and upon their leaving such .
place for the interior, be exempt from all duty, tax, or impost of every kind, under
whatsoever title or denomination. Nor shall they be there subjected to any charge
whatsoever upon the sale thereof.
4. All merchandise, effects, and property described in the first and second rules,
which shall have been removed to any place in the interior whilst such place was in
the occupation of the forces of the United States, shall, during their continuance
therein, be exempt from all tax upon the sale or consumption thereof, and from every
kind of impost or contribution, under whatsoever title or denomination.
5. But if any merchandise, effects, or property described in the first and second
rules shall be removed to any place not occupied at the time by the forces of the
United States, they shall, upon their introduction into such place, or upon their sale
or consumption there, be subject to the same duties which, under the Mexican laws,
they would be required to pay in such cases if they had been imported in time of
peace, through the maritime custom-houses, and had there paid the duties conform-
ably with the Mexican tariff.
6. The owners of all merchandise, effects, or property, described in the first and
second rules, and existing in any port of Mexico, shall have the right to reship the
same, exempt from all tax, impost, or contribution whatever.
With respect to the metals or other property exported from any Mexican port
whilst in the occupation of the forces of the United States, and previously to the
restoration of the custom-house at such port, no person shall be required by the Mex-
ican authorities, whether general or state, to pay any tax, duty, or contribution upon
any such exportation, or in any manner to account for the same to the said authori-
ties.
ART. XX. Through consideration for the interests of commerce generally, it is agreed,
that if less than sixty days should elapse between the date of the signature of this
treaty and the restoration of the custom-houses, conformably with the stipulation in
the third article, in such case all merchandise, effects, and property whatsoever, ar-
riving at the Mexican ports after the restoration of the said custom-houses, and pre-
viously to the expiration of sixty days after the day of the signature of this treaty,
shall be admitted to entry; and no other duties shall be levied thereon than the
duties established by the tariff found in force at such custom-houses at the time of
the restoration of the same. And to all such merchandise, effects, and property, the
rules established by the preceding article shall apply.
ART. XXI. If unhappily any disagreement should hereafter arise between the gov-
ernments of the two Republics, whether with respect to the interpretation of any
stipulation in this treaty, or with respect to anyother particular concerning the polit-
ical or commercial relations of the two nations, the said governments, in the name
of those nations, do promise to each other that they will endeavor, in the most sincere
and earnest manner, to settle the differences so arising, and to preserve the state of
peace and friendship in which the two countries are now placing themselves; using,
for this end, mutual representations and pacific negotiations. And if, by these means,
they should not be enabled to come to an agreement, a resort shall not, on this account,
be had to reprisals, aggression, or hostility of any kind, by the one Republic against
the other, until the government of that which deems itself aggrieved shall have ma-
turely considered, in the spirit of peace and good neighborship, whether it would not
be better that such difference should be settled by the arbitration of commissioners ap-
pointed on each side, or by that of a friendly nation. And should such course be pro-
posed by either party, it shall be acceded to by the other, unless deemed by it altogether
incompatible with the nature of the difference, or the circumstances of the case.
ART. XXII. If (which is not to be expected, and which God forbid) war should un-
happily break out between the two Republics, they do now, with a view to such
calamity, solemnly pledge themselves to each other and to the world to observe the
following rules; absolutely where the nature of the subject permits, and as closely as
, Ossible in all cases where such absolute observance shall be impossible:
1. The merchants of either Republic then residing in the other shall be allowed to re-
main twelve months, (for those dwelling in the interior,) and six months, (for those
dwelling at the seaports,) to collect their debts and settle their affairs; during which
periods they shall enjoy the same protection, and be on the same footing, in all respects,
as the citizens or subjects of the most friendly nations; and, at the expiration thereof,
or at any time before, they shall have full liberty to depart, carrying off all their
effects without molestation or hindrance, conforming therein to the same laws which
the citizens or subjects of the most friendly nations are required to conform to. Upon
the entrance of the armies of either nation into the territories of the other, women
132 TREATY OF GUADALUPE HIDALGO.
and children, ecclesiastics, scholars of every faculty, cultivators of the earth, mer-
chants, artisans, manufacturers, and fishermen, unarmed and inhabiting unfortified
towns, Villages, or places, and in general all persons whose occupations are for the
common subsistence and benefit of mankind, shall be allowed to continue their re-
Spective employments unmolested in their persons. , Nor shall their houses or goods
be burnt or otherwise destroyed, nor their cattle taken, nor their fields wasted, by
the armed force into whose power, by the events of war, they may happen to fall;
but if the necessity arise to take anything from them for the use of such armed force,
the same shall be paid for at an equitable price. All churches, hospitals, schools, col-
leges, libraries, and other establishments for charitable and beneficent purposes, shall
be respected, and all persons connected with the same protected in the discharge of
their duties, and the pursuit of their vocations.
2. In order that the fate of prisoners of war may be alleviated, all such practices as
those of sending them into distant, inclement, or unwholesome districts, or crowding
them into close and noxious places, shall be studiously avoided. They shall not be con-
fined in dungeons, prison-ships, or prisons; nor be put in irons, or bound, or otherwise
restrained in the use of their limbs. The officers shall enjoy liberty on their paroles,
within convenient districts, and have comfortable quarters ; and the common soldier
shall be disposed in cantonments, open and extensive enough for air and exercise, and
lodged in barracks as roomy and good as are provided by the party in whose power
they are for its own troops. But if any officer shall break his parole by leaving the
district. So assigned him, or any other prisoner shall escape from the limits of his can-
tonment, after they shall have been designated to him, such individual, officer, or
other prisoner, shall forfeit so much of the benefit of this article as provides for his
liberty on parole or in cantonment. And if any officer so breaking his parole, or any
common Soldier so escaping from the limits assigned him, shall afterwards be found in
arms, previously to his being regularly exchanged, the person so offending shall be
dealt with according to the established laws of war. The officers shall be daily fur-
nished, by the party in whose power they are, with as many rations, and of the same
articles, as are allowed, either in kind or by commutation, to officers of equal rank in
its own army; and all others shall be daily furnished with such ration as is allowed to
a common soldier in its own service; the value of all which supplies shall, at the close
of the war, or at periods to be agreed upon between the respective commanders, be
paid by the other party, on a mutual adjustment of accounts for the subsistence of
prisoners; and such accounts shall not be mingled with or set off against any others,
nor the balance due on them be withheld, as a compensation or reprisal for any cause
whatever, real or pretended. Each party shall be allowed to keep a commissary of
prisoners, appointed by itself, with every cantonment of prisoners, in possession of the
other; which commissary shall see the prisoners as often as he pleases; shall be allowed
to receive, exempt from all duties or taxes, and to distribute, whatever comforts may be
sent to them by their friends; and shall be free to transmit his reports in open letters
to the party by whom he is employed.
And it is declared that neither the pretence that war dissolves all treaties, nor any
other whatever, shall be considered as annulling or suspending the solemn covenant
contained in this article. On the contrary, the state of war is precisely that for which
it is provided ; and, during which, its stipulations are to be assacredly observed as the
most acknowledged obligations under the law of nature or nations.
ART. XXIII. This treaty shall be ratified by the President of the United States of
America, by and with the advice and consent of the Senate thereof; and by the Presi-
dent of the Mexican Republic, with the previous approbation of its general Congress;
and the ratifications shall be exchanged in the city of Washington, or at the seat of
government of Mexico, in four months from the date of the signature hereof, or sooner
if practicable.
In faith whereof we, the respective plenipotentiaries, have signed this treaty of
peace, friendship, limits, and settlement, and have hereunto affixed our seals respect-
ively. Done in quintuplicate, at the city of Guadalupe Hidalgo, on the second day of
February, in the year of our Lord one thousand eight hundred and forty-eight.
N. P. TRIST. [L. S.]
LUIS G. CUEWAS. ſ L. S.]
BERNARDO COUTO. [L. s.)
MIGL. ATRISTAIN. [L. S.]
Protocol.
t
In the city of Queretaro, on the twenty-sixth of the month of May, eighteen hun-
dred and forty-eight, at a conference between their excellencies Nathan Clifford
and Ambrose H. Sevier, commissioners of the U. S. of A., with full powers from
their Government to make to the Mexican Republic suitable explanations in regard
to the amendments which the Senate and Government of the said United States have
made in the treaty of peace, friendship, limits, and definitive settlement between the
TREATY OF GUADALUPE HIDALGO. w 133
:wo Republics, signed in Guadalupe Hidalgo, on the second day of February of the
present year; and his excellency Don Luis de la Rosa, minister of foreign affairs of the
Republic of Mexico; it was agreed, after adequate conversation, respecting the changes
alluded to, to record in the present protocol the following explanations, which their
aforesaid excellencies the commissioners gave in the name of their Government and in
fulfillment of the commission conferred upon them near the Mexican Republic :
1st. The American Government by suppressing the IXth article of the treaty of
Guadalupe Hidalgo and substituting the IIId article of the treaty of Louisiana, did
not intend to diminish in any way what was agreed upon by the aforesaid article IXth
in favor of the inhabitants of the territories ceded by Mexico. Its understanding is
that all of that agreement is contained in the 3d article of the treaty of Louisiana. In
consequence all the privileges and guarantees, civil, political, and religious, which
would have been possessed by the inhabitants of the ceded territories, if the IXth
article of the treaty had been retained, will be enjoyed by them, without any differ-
ence, under the article which has been substituted.
2d. The American Government by suppressing the Xth article of the treaty of
Guadalupe did not in any way intend to annul the grants of lands made by Mexico in
the ceded territories. These grants, notwithstanding the suppression of the article of
the treaty, preserve the legal value which they may possess, and the grantees may
cause their legitimate [titles] to be acknowledged before the American tribunals.
Conformably to the law of the United States, legitimate titles to every description
of property, personal and real, existing in the ceded territories are those which were
legitimate titles under the Mexican law in California and New Mexico up to the 13th
of May, 1846, and in Texas up to the 2d March, 1836.
3d. The Government of the United States, by suppressing the concluding paragraph
of article XIIth of the treaty, did not intend to deprive the Mexican Republic of the
free and unrestrained faculty of ceding, conveying, or transferring at any time (as it
may judge best) the sum of the twelve millions of dollars which the same Government
of the U. States is to deliver in the places designated by the amended article.
And these explanations having been accepted by the minister of foreign affairs of
the Mexican Republic, he declared, in name of his government, that with the under-
standing conveyed by them the same government would proceed to ratify the treaty
of Guadalupe, as modified by the Senate and Government of the U. States. In testi-
mony of which, their excellencies, the aforesaid commissioners and the minister have
signed and sealed, in quintuplicate, the present protocol,
[SEAL.T A. H. SEVIER.
[SEAL. T NATHAN CLIFFORD,
[SEAL.] LUIS DE LA ROSA.
First and fifth articles of the wºn ratified convention between the United States and the Mexican
Republic of the 20th November, 1843, referred to in the fifteenth article of the preceding
treaty. -
ARTICLE I. All claims of citizens of the Mexican Republic against the Government of
the United States which shall be presented in the manner and time hereinafter ex-
pressed, and all claims of citizens of the United States against the government of the
Mexican Republic, which, for whatever cause, were not submitted to, nor considered,
nor finally decided by, the commission, nor by the arbiter appointed by the conven-
tion of 1839, and which shall be presented in the manner and time hereinafter Speci-
fied, shall be referred to four commissioners, who shall form a board, and shall be ap-
pointed in the following manner, that is to say: Two commissioners shall be appointed
by the President of the Mexican Republic, and the other two by the President of the
United States, with the approbation and consent of the Senate. The said commissioners,
thus appointed, shall, in presence of each other, take an oath to examine and decide
impartially the claims submitted to them, and which may lawfully be considered, ac-
cording to the proofs which shall be presented, the principles of right and justice, the
law of nations, and the treaties between the two Republics.
ART. W. All claims of citizens of the United States against the government of the
Mexican Republic, which were considered by the commissioners, and referred to the
umpire appointed under the convention of the eleventh April, 1839, and which were not
decided by him, shall be referred to, and decided by, the umpire to be appointed, as
provided by this convention, on the points submitted to the umpire under the late con-
vention, and his decision shall be final and conclusive. It is also agreed, that if the
respective commissioners shall deem it expedient, they may submit to the said arbiter
new arguments upon the said claims. -
THE EVACUATION OF THE CITY OF MEXICO BY THE UNITED STATES.
At 6 o'clock a.m., June 12, 1848, the flag of the United States was taken down from
the National Palace in the city of Mexico, and the colors of Mexico hoisted in their
134 PURCHASE FROM TEXAS.
stead, the customary honors being paid to both. The last division of the American
army was withdrawn, and the occupation of Mexico by the United States was at an
end. July 4, 1848, President Polk issued proclamation of the foregoing treaty. .
BOUNDARIES, AREA, AND COST OF CESSION.
By this cession, the United States obtained the acknowledgment of the boundaries
of Texas, annexed in 1845, and the territory west of the Rio Grande, and of a merid-
ian north from its source to the forty-second parallel, north latitude, and lying between
these boundaries and the forty-second parallel on the north, the Pacific Ocean on the
west, and the national boundary on the South established by this treaty. (See Article
W.) This boundary was afterward altered by the addition of the land purchased by
the Gadsden treaty of 1853, and the present national boundary was established. The
area of territory obtained by this treaty (exclusive of the Texas cession, in doubt as
to part) was estimated at 522,568 square miles, viz:
Square miles.
Lying now in the State of California, being the entire State ---------...----- 157,801
The entire State of Nevada.------------------------------------------------ 112,090
Arizona (except the Gadsden purchase of 1853).-----. ---------. -----------. 82,381
New Mexico west of the Rio Grande and north of the Gadsden purchase of
1853 -------------------------------------------------------------------- 42,000
Utah, entire----------------------------- ---------------------------------- 84,476
Colorado, west of the Rocky Mountains ...----------------------...----------- 29,500
Wyoming, the southwest portion ------------------------------------------ 14, 320
In all, estimated at.-------- tº e s tº s s m 'm gº w ºn s is us tº s m s m sº a s sº sº º º sº e º sº me tº º is as s = º ºs e s is as sm is 522,568
Or 334,443,520 acres.
All of this became national and public domain, and the land laws of the United
States were extended over it by Congress (for disposition and sale), excepting certain
grants made therein by Spanish and Mexican authorities. It cost, principal sum un-
der the treaty, $15,000,000. -
The southern and western boundary of this cession is (west of Texas) the boundary
of the public as well as of the national domain. The boundary lines were settled and
surveyed by a joint commission. (See report in 1854–55.)
DELIVERY OF THE CESSION.
The United States being in possession, by military force, no formal delivery of the
territory was had other than by the payment of the sum stipulated and fixing and de-
termining the boundary line. -
AUTHORITIES,
See “Treaty between the United States and Mexico, Thirtieth Congress, first session,
Ex. Doc. No. 52”; also, “Stocking's Areas and Political Division of the United States”;
the ninth census; address by John W. Dwinnelle, San Francisco, September 10, 1866;
diplomatic correspondence, United States, 1819 to 1850; treaties and conventions,
United States, 1871; President's messages, 1841–1850.
T EXA S P U R C H A S E, DE C E M B E R 13, 1850.
BOUNDARIES OF TEXAS.
This was an increase to the public domain, not to the national, being already in-
cluded in the national area, having been acquired by the act of annexation of Texas,
March 1, 1845.
The State of Texas held, under claims of the republic of Texas which she succeeded
to, title to all the land lying east of the Rio Grande River and embraced within the
PURCHASE FROM TEXAS. 135
limits of the Rio Grande on the west and south and the boundary between the United
States and Spain under the Florida treaty of 1819 on the east, viz, the Sabine River,
thence south to the Red River, thence northwest to the one hundredth meridian west
of Greenwich, to the Arkansas River, thence to the source of the Arkansas River, Sup-
posed to be at or near the forty-second parallel of north latitude. These boundaries
were confirmed by the Mexican treaty of 1828 with the United States.
Upon the admission of Texas by joint resolution December 29, 1845, these treaty
boundaries became the boundary of the State. They were indefinite, and the resolu-
tion said: “The territory properly included within and rightfully belonging to the
republic of Texas.” The part of this claim now in New Mexico, all east of the Rio
Grande River, Texas, tried to organize into counties under act of her legislature in
January, 1849. The executive of Texas, Governor Bell, sent an agent to Santa Fé, the
people of which place denied that they were within the jurisdiction of Texas.
On the 22d of September, 1847, General Stephen W. Kearney, under orders of the
War Department (the United States then being at war with Mexico), having marched
overland and captured the Mexican province of New Mexico, and being military gov-
ernor thereof, published a series of laws for its government. Texas had claimed all
the territory east of the Rio Grande, and Mr. Marcy, Secretary of War, in a dispatch
of date October 12, 1848, instructed the commanding officer at Santa Fé to respect the
authority of Texas therein. -
September 9, 1850, an organic act for New Mexico was passed, giving it the present
eastern boundary and taking from the Texas claim about sixty-five thousand square
miles of territory.
CESSION BY TEXAS.
Congress, by act of September 9, 1850, made proposals for the cession by Texas of .
her claim to the territory north of latitude 30° 30' north, west of the one hundred and
third meridan of longitude west from Greenwich and north of the thirty-second par-
allel of north latitude, and to the Rio Grande River, to the United States. Texas was
to relinquish all claims against the United States for any payments or liabilities on the
part of the United States for the property of the republic of Texas, surrendered by the
State, which was turned over to the United States at the time of annexation, and the
United States proposed to pay to the State of Texas $10,000,000 for such cession in five
per cent. fourteen-year bonds.
November 25, 1850, the legislature of the State accepted, and by proclamation of the
President of the United States, of date December 13, 1850, the act of Congress of
September 9, 1850, was announced to be operative, and the ceded territory came under
the control of the United States.
AREA AND COST OF THE PURCHASE.
The United States obtained by this cession for the public domain (estimated) 96,707
square miles of territory, being and lying in the following States and Territories:
Square miles.
- - - - s tº E - - - - - - - - - * * * * * * *- - - - - - - - * * * 7,76
In the southwest corner of Kansas - - - - - - -
In the southeastern corner of Colorado -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 18,000
In the eastern portion of the Territory of New Mexico.. -- - - - - - - - - - - - - - - - - - 65,201
In the public land strip north of the Pan-Handle of Texas - - - - - - - - - - - - - - - - - 5,740
Total.-------------------------------------------------------------- 96,707
Or 61,892,480 acres. -
Over allof the above, except the land lying in the “public land strip", and excepting
certain grants therein made by the Spanish and Mexican authorities, have the public
land laws of the United States, as to survey and disposition, been extended. It cost:
Principal sum, five per cent. fourteen-year bonds.------...-------------. $5,000,000
Interest to date of redemption.----...-- sº ºn tº s sº e º ºs e º sº º sº - - * * * * - - - - - - - - - - - - - - 3,500,000
Act of February 28, 1856.---------------------------------- -------------- 7,500,000
Total.--------------------------------- ---------- "------------ .... 16,000,000
The United States assumed jurisdiction at once upon the acceptance by the State of
Texas of the terms offered, and has since retained it.
136 THE GADSDEN PURCHASE.
Ki
P U R C H A S E F. R O M T H E R E P U B L I C O F M EX I C O .
GADSDEN PURCHASE,
Under the administration of President Pierce, December 30, 1853, a treaty was
entered into by James Gadsden, United States minister to Mexico, and Don Manuel
Diez de Bonilla, Secretary of state, José Salazar Ylarregui, and J. Mariano Monterde, as
scientific commissioners on behalf of the Republic of Mexico, for the purchase of the
tract of land now lying in the southern part of the Territories of New Mexico and Ari-
zona, then in the Republic of Mexico and adjoining the United States south of the
river Gila, and from the Rio Grande on the east to a point twenty miles below the
mouth of the Gila on the west, on the Colorado River. The Gila River and branches
from this point eastward was the boundary fixed by the treaty of Guadalupe Hidalgo,
in 1848. This purchase was for the purpose of more correctly defining and making a
more regular line and certain boundary between the United States and Mexico.
The treaty was as follows:
Treaty with Mexico. Concluded December 30, 1853; ratifications exchanged June 30, 1854;
proclaimed June 30, 1854.
In the name of Almighty God.
The Republic of Mexico and the United States of America, desiring to remove every
cause of disagreement which might interfere in any manner with the better friendship
and intercourse between the two countries, and especially in respect to the true limits
which should be established, when, notwithstanding what was covenanted in the
treaty of Guadalupe Hidalgo in the year 1848, opposite interpretations have been
urged, which might give occasion to questions of serious moment: To avoid these,
and to strengthen and more firmly maintain the peace which happily prevails between
the two Republics, the President of the United States has, for this purpose, appointed
James Gadsden, envoy extraordinary and minister plenipotentiary of the same near
the Mexican Government, and the President of Mexico has appointed as plenipotentiary
“ad hoo” his excellency Don Manuel Diez de Bonilla, cavalier grand cross of the
national and distinguished order of Guadalupe, and secretary of state and of the office
of foreign relations, and Don José Salazar Ylarregui and General Mariano Monterde,
as scientific commissioners, invested with full powers for this negotiation; who, hav-
ing communicated their respective full powers, and finding them in due and proper
form, have agreed upon the articles following: .
ARTICLE I. The Mexican Republic agrees to designate the following as her true limits
with the United States for the future: Retaining the same dividing line between the
two Californias as already defined and established, according to the 5th article of the
treaty of Guadalupe Hidalgo, the limits between the two Republics shall be as follows:
Beginning in the Gulf of Mexico, three leagues from land, opposite the mouth of the Rio
Grande, as provided in the fifth article of the treaty of Guadalupe Hidalgo; thence,
as defined in the said article, up the middle of that river to the point where the par-
allel of 31°47′ north latitude crosses the same ; thence due west one hundred miles;
thence south to the parallel of 31°20' north latitude; thence along the said parallel of
31° 20' to the one hundred and eleventh meridian of longitude west of Greenwich ;
thence in a straight line to a point on the Colorado River twenty English miles below
the junction of the Gila and Colorado rivers; thence up the middle of the said river
Colorado until it intersects the present line between the Uniteu States and Mexico.
For the performance of this portion of the treaty, each of the two governments
shall nominate one commissioner, to the end that, by common consent, the two thus
nominated, having met in the city of Paso del Norte, three months after the exchange
of the ratifications of this treaty, may proceed to survey and imark out upon the land
the dividing line stipulated by this article, where it shall not have already been sur-
veyed and established by the mixed commission, according to the treaty of Guadalupe,
keeping a journal and making proper plans of their operations. For this purpose, if
they should judge it necessary, the contracting parties shall be at liberty each to unite
to its respective commissioner scientific or other assistants, such as astronomers and
surveyors, whose concurrence shall not be considered necessary for the settlement and
ratification of a true line of division between the two Republics; that line shall be
alone established upon which the commissioners may fix, their consent in this partic-
ular being considered decreive and an integral part of this treaty, without necessity of
ulterior ratification or approval, and without room for interpretation of any kind by
either of the parties contracting. tº
The dividing line thus established shall, in all time, be faithfully respected by the
two governments, without any variation therein, unless of the express and free con-
TEIE GADSDEN PURCHASE. 137
sent of the two, given in conformity to the principles of the law of nations, and in
accordance with the constitution of each country, respectively.
In consequence, the stipulation in the 5th article of the treaty of Guadalupe upon
the boundary line therein described is no longer of any force, wherein it may conflict
with that here established, the said line being considered annulled and abolished
wherever it may not coincide with the present, and in the same manner remaining in
full force where in accordance with the same. -
ART. II. The government of Mexico hereby releases the United States from all lia-
bility on account of the obligations contained in the eleventh article of the treaty of
Guadalupe Hidalgo; and the said article and the thirty-third article of the treaty of
amity, commerce, and navigation between the United States of America and the United
ºn States, concluded at Mexico on the fifth day of April, 1831, are hereby abro-
gated.
ART. III. In consideration of the foregoing stipulations, the Government of the United
States agrees to pay to the government of Mexico, in the city of New York, the sum of
ten millions of dollars, of which seven millions shall be paid immediately upon the ex-
change of the ratifications of this treaty, and the remaining three millions as soon as
the boundary line shall be surveyed, marked, and established.
ART. IV. The provisions of the 6th and 7th articles of the treaty of Guadalupe Hidalgo
having been rendered nugatory for the most part by the cession of territory granted in
the first article of this treaty, the said articles are hereby abrogated and annulled, and
the provisions as herein expressed substituted therefor. The vessels and citizens of
the United States shall, in all time, have free and uninterrupted passage through the
Gulf of California, to and from their possessions situated north of the boundary line
of the two countries. It being understood that this passage is to be by navigating
the Gulf of California and the river Colorado, and not by land, without the express
consent of the Mexican Government; and precisely the same provisions, stipulations,
and restrictions, in all respects, are hereby agreeds upon and adopted, and shall be
scrupulously observed and enforced, by the two contracting governments in reference
to the Rio Colorado, so far and for such distance as the middle of that river is made
their common boundary line by the first article of this treaty. .
The Several provisions, stipulations, and restrictions contained in the 7th article
of the treaty of Guadalupe Hidalgo shall remain in force only so far as regards the Rio
Bravo del Norte, below the initial of the said boundary provided in the first article of
this treaty; that is to say, below the intersection of the 31° 47' 30" parallel of latitude,
with the boundary line established by the late treaty dividing said river from its
mouth upwards, according to the 5th article of the treaty of Guadalupe.
ART. V. All the provisions of the eighth and ninth, sixteenth and seventeenth arti-
cles of the treaty of Guadalupe Hidalgo, shall apply to the territory ceded by the Mex-
ican Republic in the first article of the present treaty, and to all the rights of per-
Sons and property, both civil and ecclesiastical, within the same, as fully and effectu-
ally as if the said articles were herein again recited and set forth.
ART. VI. No grants of land within the territory ceded by the first article of this treaty
bearing date subsequent to the day—twenty-fifth of September—when the minister and
subscriber to this treaty on the part of the United States proposed to the government
of Mexico to terminate the question of boundary, will be considered valid or be rec-
ognized by the United States, or will any grants made previously be respected or be
º as obligatory which have not been located and duly recorded in the archives
of Mexico, -
ART. VII. Should there at any future period (which God forbid) occur any disagree-
ment between the two nations which might lead to a rupture of their relations and re-
ciprocal peace, they bind themselves in like manner to procure by every possible method
the adjustment of every difference; and should they still in this manner not succeed,
never will they proceed to a declaration of war without having previously paid atten-
tion to what has been set forth in article 21 of the treaty of Guadalupe for similar
cases; which article, as well as the 22d, is here re-affirmed.
ART. VIII. The Mexican Government having on the 5th of February, 1853, authorized
the early constructiou of a plank and rail road across the Isthmus of Tehuantepec, and,
to secure the stable benefits of said transit way to the persons and merchandize of the
citizens of Mexico and the United States, it is stipulated that neither government will
interpose any obstacle to the transit of persons and merchandize of both nations; and
at no time shall higher charges be made on the transit of persons and property of citizens
of the United States than may be made on the persons and property of other foreign
nations, nor shall any interest in said transit way, nor in the proceeds thereof, be
transferred to any foreign government.
The United States, by its agents, shall have the right to transport across the isthmus,
in closed bags, the mails of the United States not intended for distribution along the
line of communication ; also the effects of the United States Government and its citi-
zens, which may be intended for transit, and not for distribution on the isthmus, free
of custom-house or other charges by the Mexican Government. Neither passports nor
138 t PURCHASE OF ALASKA.
letters of security will be required of persons crossing the isthmus and not remaining
in the country.
When the construction of the railroad shall be completed, the Mexican Government
agrees to open a port of entry in addition to the port of Vera Cruz, at or near the ter-
minus of said road on the Gulf of Mexico.
The two governments will enter into arrangements for the prompt transit of troops
and munitions of the United States, which that Government may have occasion to
send from one part of its territory to another, lying on opposite sides of the continent.
The Mexican Government having agreed to protect with its whole power the prose-
cution, preservation, and security of the work, the United States may extend its pro-
tection as it shall judge wise to it when it may feel sanctioned and warranted by the
public or international law.
ART. IX. This treaty shall be ratified, and the respective ratifications shall be ex-
changed at the city of Washington within the exact period of six months from the date
of its signature, or sooner if possible.
In testimony whereof we, the plenipotentiaries of the contracting parties, have
hereunto affixed our hands and seals at Mexico, the thirtieth (30th) day of December,
in the year of our Lord one thousand eight hundred and fifty-three, in the thirty-
third year of the Independence of the Mexican Republic, and the seventy-eighth of
that.of the United States.
- JAMES GADSDEN. [L. S.]
MANUEL DIEZ DE BONILLA. [L. s.]
JOSE SALAZAR YLARREGUI. [L. s.j
J. MARIANA MONTERDE. [L. S.]
AREA AND COST OF THIS PURCHASE.
The territory thus purchased was in area (estimated) 45,535 square miles or 29,142,400
acres, and now lies 14,000 square miles (west of the Rio Grande) in the southeastern
portion of the Territory of New Mexico and in the southern part of the Territory of
Arizona, south of the river Gila, running across the entire Territory from the western
boundary line of New Mexico to the Gila River on the west, and containing in area
(estimated) 31,535 square miles. This land is now under the land laws of the United
States and is subject to disposition and sale, excepting certain grants made therein
by Spanish or Mexican authorities.
The United States Government paid the Republic of Mexico for this cession $10,000,-
000; $7,000,000 was paid immediately after the ratification of the treaty, and $3,000,000
in 1856, after the boundary commission surveyed and marked the boundary line, which
was completed in 1855–56. The tract embraces a large part of the Mesilla Valley in New
Mexico. The entire area of this purchase became national as well as public domain.
TRANSFER,
There was no formal transfer of this ceded territory to the United States other than
fixing and determining the boundary line. (See Reports of Boundary Commission,
1854–55.) t
.*
T H E PLJ R C H A S E O F A L A S K A. F. R O M R U S S I A.
The purchase of Alaska from Russia, March 30, 1867, was the last of the treaties of
purchase of territory, and added to and completed our present national and public
domain.
RUSSIA’s CLAIM TO THE TERRITORY, AND ITS BoundARIES.
Russia claimed this territory by discovery. Captain Behring, who was sent out in
1733 by Empress Ann, discovered the mainland of North America in latitude 58°28',
on the 18th of July, 1741. His colleague, Captain Tschirikow, being separated from
him in a storm, sighted the same coast in latitude 56°, on the 15th of July, 1741, while
Behring sailed up the coast, discovering many of the islands of the Aleutian Archi-
pelago, some of which, however, he had seen during his previous voyage in 1728. The
coast of British Columbia was discovered in 1790 by Vancouver, upon the strength of
PURCHASE OF ALASKA. 139
which England claimed its sovereignty. The discovery of the coast of Oregon by Cap-
tain Gray, in the same year, formed the basis of a claim of our Government to the Sover-
eignty of the whole coast, at least as far north as the Russian discoveries. The line
separating us from those discoveries was fixed as the parallel of 54° 40' in the treaty
concluded at St. Petersburg, April 17–5, 1824, between Henry Middleton on behalf of
the United States and Le Comte Charles de Nesselrode and Pierre de Poletica on
behalf of the Emperor Nicholas.
This was settled by the following article:
ART. III. It is moreover agreed that, hereafter, there shall not beformed by the citizens
of the United States, or under the authority of the said States, any establishment upon
the northwest coast of America, nor in any of the islands adjacent, to the north of
54° 40' of north latitude; and that, in the same manner, there shall be none formed by
Russian subjects, or under the authority of Russia, south of the same parallel.
The territory between that parallel and 499 was recognized as belonging to the
English, by virtue of Vancouver's discoveries. North of 54° 40' the claim of Russia
seems never to have been questioned.
Great Britain, February 28–16, 1825, made a treaty with Russia recognizing the bound-
aries of the Russian claim for Alaska. This boundary, 54° 40' north latitude, con-
ceded to Russia as the southern boundary of her territorial claim on the Pacific Coast,
with the claim and rights of Spain to the territory adjoining on the south, sold to
the United States in 1819, together with our claim of discovery by Captain Gray in
1790 to the whole coast to the southern line of the Russian possessions, formed the basis
of the claim of the United States to the territory of Oregon, to the line of 54° 40'
north latitude.
The treaty of June 15, 1846, between the United States and Great Britain, forced the
United States to withdraw this claim, and the intermediate country between 49° and
54° 40′ north latitude went to Great Britain under Vancouver's claim of prior discov-
ery in 1790, the parallel 49° north latitude becoming the northern boundary line of
the United States on the Pacific slope.
NEGOTIATIONS FOR PURCHASE.
Alaska was offered to the United States for a pecuniary consideration during the
Crimean war in 1854, by Baron Stoeckl, Russian envoy at Washington, but this offer
was declined by the Pierce administration. During the administration of President
Buchanan, unofficial negotiations were set on foot by our Cabinet for the purchase
of Alaska, the sum of $5,000,000 being named as the price, but significant intima-
tions were received that Russia expected a higher price. The legislature of Wash-
ton Territory, in January, 1866, memorialized the President in behalf of the immediate
acquisition of the Russian territories of North America. A strong pressure was brought
to bear upon both the legislative and executive departments of the General Govern-
ment. When the fact became generally known that the lease of the franchises of the
Russo-American Fur Company by the Hudson Bay Company would expire in June, 1867,
and would probably be renewed unless we acquired the territory in the meanwhile, the
anxiety for the measure increased. Formal negotiations were entered into between
Baron Stoeckl, the Russian minister at Washington, and Hon. W. H. Seward, Secretary
of State, resulting in the formation of the treaty of March 30, 1867, the signatures of
the plenipotentiaries being affixed at 4 o'clock on the morning of that day.
Convention for the cession of the Russian possessions in North America to the United States.
º March 30, 1867; ratifications exchanged June 20, 1867; proclaimed June
20, 1867.
The United States of America and his majesty the Emperor of all the Russias, be-
ing desirous of strengthening, if possible, the good understanding which exists between
them, have, for that purpose, appointed as their plenipotentiaries, the President of
the United States, William H. Seward, Secretary of State; and his majesty the Em-
peror of all the Russias, the Privy Counsellor Edward de Stoeckl, his envoy extraor-
dinary and minister plenipotentiary to the United States;
140 PURCHASE OF AE, ASKA.
And the said plenipotentiaries, having exchanged their full powers, which were
found to be in due form, have agreed upon and signed the following articles:
ARTICLE I. His majesty the Emperor of all the Russias agrees to cede to the United
States, by this convention, immediately upon the exchange of the ratifications thereof,
all the territory and dominion now possessed by his said majesty on the continent of
America and in the adjacent islands, the same being contained within the geographical
limits herein set forth, to wit: The eastern limit is the line of demarcation between
the Russian and the British possessions in North America, as established by the conven-
tion between Russia and Great Britain, of February 28–16, 1825, and described in Arti-
cles III and IV of said convention, in the following terms:
“Commencing from the southernmost point of the island called Prince of Wales
Island, which point lies in the parallel of 54 degrees 40 minutes north latitude, and
between the 131st and 133d degree of west longitude (meridian of Greenwich), the
said line shall ascend to the north along the channel called Portland Channel, as far
as the point of the continent where it strikes the 56th degree of north latitude; from
this last-mentioned point, the line of demarcation shall follow the summit of the
mountains situated parallel to the coast, as far as the point of intersection of the 141st
degree of west longitude, (of the same meridian); and finally, from the said point of
intersection, the said meridian line of the 141st degree, in its prolongation as far as the
Frozen Ocean.
“IV. With reference to the line of demarcation laid down in the preceding article,
it is understood—
“1st. That the island called Prince of Wales Island shall belong wholly to Russia,”
(now, by this cession to the United States).
“2d. That whenever the summit of the mountains which extend in a direction par-
allel to the coast from the 56th degree of north latitude to the point of intersection of
the 141st degree of west longitude shall prove to be at the distance of more than terí
marine leagues from the ocean, the limit between the British possessions and the line
of coast which is to belong to Russia as above mentioned, (that is to say, the limit to
the possessions ceded by this convention), shall be formed by a line parallel to the
winding of the coast, and which shall never exceed the distance of ten marine leagues
therefrom.”
The western limit within which the territories and dominion conveyed are contained
passes through a point in Behring's Straits on the parallel of sixty-five degrees thirty
minutes north latitude, at its intersection by the meridian which passes midway be-
tween the islands of Krusenstern or Ignalook, and the island of Ratmanoff, or Noon-
arbook, and proceeds due north without limitation, into the same Frozen Ocean. The
same western limit, beginning at the same initial point, proceeds thence in a course
nearly southwest, through Behring's Straits and Behring's Sea, so as to pass midway
between the northwest point of the island of St. Lawrence and the southeast point of
‘Cape Choukotski, to the meridian of one hundred and seventy-two west longitude;
thence, from the intersection of that meridian, in a southwesterly direction, so as to
pass midway between the island of Attou and the Copper Island of the Kormandorski
couplet or group, in the North Pacific Ocean, to the meridian of one hundred and
ninety-three degrees west longitude, so as to include in the territory conveyed the
whole of the Aleutian Islands east of that meridian.
ART. II. In the cession of territory and dominion made by the preceding article are
included the right of property in all public lots and squares, vacant lands, and all pub-
lic buildings, fortifications, barracks, and other edifices which are not private individual
property. It is, however, understood and agreed, that the churches which have been
built in the ceded territory by the Russian Government, shall remain the property of
such members of the Greek Oriental Church resident in the territory as may choose to
worship therein. Any government archives, papers, and documents relative to the
territory and dominion aforesaid, which may now be existing there, will be left in the
possession of the agent of the United States; but an authenticated copy of such of
them as may be required, will be, at all times, given by the United States to the Rus-
sian Government, or to such Russian officers or subjects as they may apply for.
ART. III. The inhabitants of the ceded territory, according to their choice, reserving
their natural-allegiance, may return to Russia within three years; but if they should
prefer to remain in the ceded territory, they, with the exception of uncivilized native
tribes, shall be admitted to the enjoyment of all the rights, advantages, and immuni-
ties of citizens of the United States, and shall be maintained and protected in the free
enjoyment of their liberty, property, and religion. The uncivilized tribes will be sub-
ject to such laws and regulations as the United States may from time to time adopt in
regard to aboriginal tribes of that country.
ART. IV. His majesty, the Emperor of all the Russias shall appoint, with convenient
despatch, an agent or agents for the purpose of formally delivering to a similar agent
or agents, appointed on behalf of the United States, the territory, dominion, property,
dependencies, and appurtenances which are ceded as above, and for doing any other
act which may be necessary in regard thereto. But the cession, with the right of im.
PURCHASE OF ALASKA. - 141
mediate possession, is nevertheless to be deemed complete and absolute on the exchange
of ratifications, without waiting for such formal delivery.
ART. V. Immediately after the exchange of the ratifications of this convention, any
fortifications or military posts which may be in the ceded territory shall be delivered to
the agent of the United States, and any Russian troops which may be in the territory
shall be withdrawn as soon as may be reasonably and conveniently practicable.
ART. VI. In consideration of the cession aforesaid, the United States agree to pay at
the Treasury in Washington, within ten months after the exchange of the ratifications
of this convention, to the diplomatic representative or other agent of his majesty the
Emperor of all the Russias, duly authorized to receive the same, seven million two
hundred thousand dollars in gold. The cession of territory and dominion herein made
is hereby declared to be free and unincumbered by any reservations, privileges, fran-
chises, grants, or possessions, by any associated companies, whether corporate or incor-
porate, Russian or any other, or by any parties, except merely private individual prop-
erty-holders; and the cession hereby made conveys all the rights, franchises, and
lºgº now belonging to Russia in the said territory or dominion, and appurtenances
theretO. p
ART, VII. When this convention shall have been duly ratified by the President of the
United States, by and with the advice and consent of the Senate, on the one part, and,
on the other, by his majesty the Emperor of all the Russias, the ratifications shall be
tºnged at Washington within three months from the date hereof, or sooner if pos-
sible.
In faith whereof the respective plenipotentiaries have signed this convention, and
thereto affixed the seals of their arms.
Done at Washington the thirtieth day of March, in the year of our Lord one thou-
sand eight hundred and sixty-seven.
WILLIAM H. SEWARD. [L. S.]
EDOUARD DE STOECKL. [L. s.]
THE TRANSFER OF ALASKA TO THE UNITED STATES.
Me88age from the President of the United States, in relation to the transfer of Alaska Terri-
tory from Russia to the United States.
To the Senate and House of Representatives :
I transmit a report from Secretary of State, and the documents to which it refers,
in relation to the formal transfer of territory from Russia to the United States, in
accordance with the treaty of the 30th of March last.
ANDREW JOHNSON.
Washington, January 27, 1868.
To the President :
The Secretary of State has the honor to lay before the President a copy of a corre-
spondence between the Secretary and General Lovell H. Rousseau, and papers accom-
gºg the same, concerning the transfer of the Territory of Alaska to the United
tates.
Respectfully submitted.
WILLIAM H. SEWARD.
DEPARTMENT OF STATE,
Washington, January 27, 1868.
Mr. Seward to General Rousseau.
DEPARTMENT OF STATE,
- :* Washington, August 7, 1867.
GENERAL: You will herewith receive the warrant of the President, under the great
seal of the United States, appointing you commissioner on behalf of this Government,
to receive from a similar officer appointed on behalf of the Imperial Government of
Russia the territory ceded by that government to the United States, pursuant to the
treaty of the 30th of March last. You will consequently enter into communication
with Captain Pestchouroff, the Russian commissioner, now here, and arrange with him
in regard to proceeding, as soon as may be convenient, to the territory referred to, in
order that your commission may be fulfilled.
142 PURCHASE OF ALASKA.
On arriving at Sitka, the principal town in the ceded territory, you will receive from
the Russian commissioner the formal transfer of that territory, under mutual national
salutes from artillery, in which the United States will take the lead.
Pursuant to the stipulations of the treaty, that transfer will include all forts and
military posts, and public buildings, such as the governor's house and those used for
government purposes; dockyards, barracks, hospitals and schools; all public lands,
and all ungranted lots of ground at Sitka and Kodiak. Private dwellings and ware-
houses, blacksmiths', joiners’, coopers', tanners', and other similar shops, ice-houses,
flour and saw mills, and any small barracks on the island, are subject to the control of
their owners, and are not to be included in the transfer to the United States.
The respective commissioners, after distinguishing between the property to be trans-
ferred to the United States and that to be retained by individuals, will draw up and
sign full inventories of the same in duplicate. In order, however, that the said individ-
ual proprietors may retain their property as aforesaid, or if they should so prefer may
dispose of the same, you will, upon the production of the proper documentary or other
F. of ownership, furnish the said proprietors with a certificate of their right to hold
the same.
In accordance with the stipulations of the treaty, the churches and chapels in the
ceded territory will continue to be the property of the members of the Greco-Russian
church. Any houses and lots which may have been granted to those churches will
also remain their property.
As it is understood that the Russian American Company possess, in that quarter, large
stores of furs, provisions, and other goods now at Sitka, Kodiak, and elsewhere on the
mainland and on the island, it is proper that that company should have a reasonable
time to collect, sell, or export that property. For that purpose the company may leave
in the territory an agent or agents for the purpose of closing their business. No taxes
will be levied on the property of the company now in the territory, until Congress
shall otherwise direct.
It is expected that, in the transaction of the important business hereby intrusted
to you, it will be borne in mind that, in making the cession of the territory referred
to, his Imperial Majesty the Emperor of all the Russias has been actuated by a desire
of giving a signal proof of that friendship for the United States which has character-
ized his own reign and that of his illustrious predecessors. It is hoped, therefore, that
all your intercourse with the Russian commissioner will be friendly, courteous, and
frank.
This department understands from the President that, upon the conclusion of the
business with the Russian commissioner, you will have command in the territory, to be
exercised under the orders of the War Department.
I am, general, your obedient servant,
- WILLIAM H. SEWARD.
Brig. Gen. LOVELL H. ROUSSEAU.
Mr. Seward to General Row886au.
DEPARTMENT OF STATE,
- Washington, January 24, 1868,
GENERAL: I have had the honor to receive the report which, on the 5th of Decem-
ber last, you transmitted to me, of the execution of the agency confided to you for
receiving the formal transfer of the Territory of Alaska.
The report was accompanied by a certificate mutually executed and delivered on the
26th of October last, between yourself and Alexis Pestchouroff, Russian commissioner;
an inventory of the property belonging to the Greco-Russian church at Sitka ; a list
of the names of persons holding property in fee-simple in the city of Sitka; an inven-
tory of private property in the city of Sitka ; an inventory of forts and public build-
ings in the island of Kodiak; a letter of the Russian commissioner to yourself, written
on the 26th of October; a map of the city of Sitka; and the United States flag which
was used by you on the occasion of the transfer. *.
The proceedings referred to have been submitted to the President, and I am directe
to acknowledge the reception of the papers, and to communicate to you the President's
satisfaction with the manner in which your important and delicate trust was executed.
I have the honor to be, general, your obedient servant,
WILLIAM H. SEWARD,
Secretary of State.
Maj. Gen. LOVELL H. ROUSSEAU,
Headquarters Department of the Columbia, Portland, Oregon.
PURCHASE OF ALASKA. 143
Brigadier-General Rousseau to Mr. Seward.
HEADQUARTERS DEPARTMENT OF THE COLUMBIA,
Portland, Oregon, December 5, 1867.
SIR: I have the honor to report that, on the receipt from you of my appointment
by the President as United States commissioner to receive the formal transfer of the
Territory of Alaska, and also your instructions touching that transfer, I repaired at
once to New York to make the necessary preparation to sail on the 21st of August,
but on reaching that city I found it impossible to get off on that day.
I sought and obtained at once an interview with Baron Stoeckl, the Russian minis-
ter, and Captain Pestchouroff, of the Russian imperial navy, and Captain Koskul, rep-
resenting the Russian American Company; and it was arranged that we should sail
from New York on the 31st of August, and we accordingly sailed on that day, via
Panama, reaching San Francisco, California, on the 22d of September. As we entered
tho harbor of San Francisco the batteries of the forts fired a salute.
On reaching San Francisco, we found the preparations for taking military posses-
sion of the new Territory completed by Major-General Halleck, who had ships laden
§ supplies for the troops, and transportation all ready for the troops themselves to
Sitka.
Admiral Thatcher, also, had provided transportation for the commissioners on the
propeller man-of-war Ossipee, Captain Emmons commanding. Returning the admi-
ral's call, visiting him on board his flag-ship Pensacola, the commissioners received a
salute of her batteries.
Hastening in preparation, we took our departure for Sitka on the morning of the
27th of September.
When we set sail we intended to go directly by the open sea to New Archangel, but
after three or four days, during which the sea was very rough, with little or no wind,
and making very slow progress, we concluded to go by way of Victoria and the straits,
thus taking the inland passage. The troops and supplies had preceded us a day or
two from San Francisco, and as they could not land at Sitka before we reached there,
it was thought best to take the inland route in order to insure our arrival at the lat-
ter place certainly within a reasonable time. This we could not do in the open sea,
as it was quite rough, and what wind we had or expected to have in October and till
the middle of November was from the northwest (a head wind for us).
Our ship was very slow, and with a head wind or rough sea made not more than two
to four knots an hour. The winds in the Northern Pacific, from May to November in-
clusive, are from the northwest generally, and the balance of the year from the south-
east. Besides, I suffered greatly from sea-sickness, followed by what I feared was con-
gestive chills, and sought to avoid this suffering by taking the inland passage.
We reached Esquimalt, Vancouver's Island, on the night of the 4th of October,
took in a supply of coal, and steamed for Sitka on the morning of the 6th. After a
pleasant passage, taking it altogether, we cast anchor in the harbor of New Archangel
on the 18th of October, at eleven o'clock a. m., where we found the troops and sup-
plies had preceded us several days. The day was bright and beautiful. We landed
immediately, and fixed the hour of three and a half o'clock that day for the transfer,
of which General Jeff. C. Davis, commanding the troops there; Captain Emmons,
United States ship Ossipee; Captain McDougall, United States ship Jamestown; Cap-
tain Bradford, United States ship Resaca, and the officers of their respective com-
mands, as also the governor of the Territory, the Prince Maksontoff, were notified and
invited to be present.
The command of General Davis, about two hundred and fifty strong, in full uniforn,
armed and handsomely equipped, were landed about three o'clock, and marched up
to the top of the eminence on which stands the governor's house, where the transfer
was to be made. At the same time a company of Russian soldiers were marched to
the ground, and took their place upon the left of the flag-staff, from which the Russian
flag was then floating. The command of General Davis was formed under his direc-
tion on the right.
The United States flag to be raised on the occasion was in care of a color-guard—a.
lieutenant, a sergeant, and ten men of General D vis’s command.
The officers above named, as well as the officers under their command, the Prince
Maksontoff, and his wife the Princess Maksontoff, together with many Russian and
American citizens, and some Indians, were present. -
The formation of the ground, however, was such as to preclude any considerable
demonstration. -
It was arranged by Captain Pestchouroff and myself that, in firing the salutes on
the exchange of flags, the United States should lead off, in accordance with your in-
Structions, but that there should be alternate guns from the American and Russian
Patteries, thus giving the flag of each nation a double national salute, the national
Salute being thus answered in the moment it was given. The troops, being promptly
formed, were, at precisely half past three o'clock, brought to a present arms, the signal
144 PURCHASE OF ALASKA.
given to the Ossipee, (Lieutenant Crossman, executive officer of the ship, and for the
time in command), which was to fire the salute, and the ceremony was begun by low-
ering the Russian flag. As it began its descent down the flag-staff the battery of the
Ossipee, with large nine-inch guns, led off in the salute, peal after peal crashing and
re-echoing in the gorges of the surrounding mountains, answered by the Russian water
battery (a battery on the wharf), firing alternately. But the ceremony was inter-
rupted by the catching of the Russian flag in the ropes attached to the flag-staff. The
soldier who was lowering it, continuing to pull at it, tore off the border by which it
was attached, leaving the flag entwined tightly around the ropes. The flag-staff was
a native pine, perhaps ninety feet in height. In an instant the Russian soldiers, taking
different shrouds attached to the flag-staff, attempted to ascend to the flag, which,
having been whipped around the ropes by the wind, remained tight and fast. At first
(being sailors as well as soldiers) they made rapid progress, but laboring hard, they
soon became tired, and when half-way up scarcely moved at all, and finally came to a
stand-still. There was a dilemma; but in a moment a “boatswain's chair,” so called,
was made by knotting a rope to make a loop for a man to sit in and be pulled upward,
and another Russian soldier was quickly drawn up to the flag. On reaching it he de-
tached it from the ropes, and not hearing the calls from Captain Pestchouroff below to
“bring it down,” dropped it below, and in its descent it fell on the bayonets of the
Russian soldiers.
The United States flag (the one given to me for that purpose, by your direction, at
Washington) was then properly attached and began its ascent, hoisted by my private
Secretary, George Lovell Rousseau, and again the salutes were fired as before, the Rus-
sian water battery leading off. The flag was so hoisted that in the instant it reached
its place the report of the last big gun of the Ossipee reverberated from the mountains
around. The salutes being completed, Captain Pestchouroff stepped up to me and
said: “General Rousseau, by authority from His Majesty the Emperor of Russia, I
transfer to the United States the Territory of Alaska,” and in as few words I acknowl-
edged the acceptance of the transfer, and the ceremony was at an end. Three cheers
were then spontaneously given for the United States flag by the American citizens
present, although this was no part of the programme, and on some accounts I regretted
that it occurred.
Captain Pestchouroff, the governor, and myself, on the Monday following, went to
work to distinguish between the public and private buildings in the town of New
Archangel, and giving certificates to private individual owners of property there.
º # º: % % % %
All the buildings in any wise used for public purposes were delivered to the United
States commissioner, taken possession of, and turned over to General Davis, as were
also the public archives of the Territory; and in a spirit of liberality the wharf and
several valuable warehouses belonging to the Russian-American Company were in-
cluded in the transfer by the Russian commissioner. Both the wharf and the ware-
houses were very much needed by our people.
We could not visit Kodiak, or any other point in the new Territory, as the season in
which we might expect stormy weather was rapidly approaching. -
For the further action of the commissioners, in the execution of their commission,
your attention is respectfully called to the protocol, map, and inventories accompany-
ing this report. With this report and accompanying papers I return to you the United
States flag used on the occasion of the transfer of the Territory.
In your instructions, both written and verbal, you were somewhat particular to im-
press me with your desire that all the intercourse between the Russian and American
commissioners should be liberal, frank, and courteous; and I am pleased to say, that
from the meeting of Captain Pestchouroff and myself in your office till we parted after
our work was ended, all our communication and association with each other, personal
and official, were of the friendliest character, and just such as I am sure you desired.
$º * º º 3& # *
Hoping that the President and yourself will be satisfied with my efforts to discharge
the duty assigned me, in accordance with instructions given for my guidance, and
that the new Territory may prove as valuable an acquisition to our country as you,
would desire it,
I have the honor to be your very obedient servant,
- LOVELL H. ROUSSEAU,
United States Commissioner, and Brigadier-General U. S. A.
Hon. WILLIAM H. SEWARD,
Secretary of State.
[Here followed inventories and schedules of public and private property in New
Archangel, Sitka..] -
PURCHASE OF ALASKA. 145.
AREA AND COST OF THE PURCHASE.
This purchase cost the United States $7,200,000, and added to the national and public.
domain an area of 577,390 square miles, as estimated, or 369,529,600 acres—all lying in
Alaska, and subject to disposition and control by the Congress of the United States,
excepting certain grants made by the Russian Government. The land laws of the
United States have not as yet been extended over Alaska, and although public domain,
it is not yet open to settlement under United States land laws, because the lands have
not yet been opened for settlement or surveyed by order of Congress (which is the
first step after the Indian title is extinguished), and after this, Congress, by law, directs
how, when, and by what system the lands may be disposed of.
AUTHORITIES,
See “Treaties and Conventions,” July 4, 1776, to July 21, 1871; also, H. Ex. Doc.
No. 125, second session Fortieth Congress; Message from the President of the United
States in relation to the transfer of territory from Russia to the United States.
10 L O—WOL III
C H A P T E R V .
To DECEMBER 1, 1883.
THE oRDINAN CE OF 1787. – NORTHWEST AND SOUTHWESTERN
TERRITORIES.
‘GOVERNMENT OF THE TERRITORY OF THE UNITED STATES NORTHWEST
OF THE RIVER OBLIO.
CLAIM OF VIRGINIA AND NEW YORK TO THE LANDS THEREIN.
The entire territory east of the Mississippi River, north of the Ohio River, and west
of the State of Pennsylvania, which had, prior to the Revolutionary War, been subject
to the jurisdiction of the Province of Quebec, was claimed by the State of Virginia
at and prior to March 1, 1784, the date of her first cession to the confederated govern-
ment. She was in possession of the French settlements of Vincennes and Illinois,
which she had occupied and defended during the Revolutionary War.
The first charter of Virginia (James I., April 10, 1606) extended along the sea-coast
from the thirty-fourth degree to the forty-first degree of north latitude, but only fifty
miles inland.
By the second charter for Virginia (James I., May 23, 1609) the limits of the colony
were extended so as to embrace “the whole sea-coast, north and south, within two
hundred miles of old Point Comfort, extending from sea to sea west and northwest,
and also all the islands within one hundred miles along the coast of both seas of the
precinct aforesaid,” evidently meaning the Atlantic and Pacific Oceans.
The third charter, dated March 12, 1612, annexed to Virginia all the islands within
300 leagues of the coast. Those three charters were vacated by quo warranto before the
15th of July, 1624, on which day a commission issued for the government of Virginia,
without making, however, any alteration in the boundaries established by the second
charter. The colony was afterwards curtailed on the north by the grants to Lord
Baltimore and to William Penn, and on the south by that to the proprietors of Carolina.
CLAIM OF NEW YORK CEDED.
New York, prior to the cession by Virginia, having conveyed to the United States,
March 1, 1781, her claims to this territory, being titles derived from treaties and pur-
chases from the Six Nations of Indians, the Congress of the Confederation passed
the resolution for the government of the western territory, April 23, 1784. This left
Connecticut and Massachusetts the only States that had or laid any claims to the
territory north of the river Ohio and west of Pennsylvania. The cessions of those
States to the United States, and the further confirmatory cession by Virginia in 1788,
gave to the United States an indisputable title to the public lands within that terri-
tory as far west as the river Mississippi, which, by the treaty of Paris between George
III. of Great Britain and the King of Spain, February 10, 1763, had been established
as the boundary between the British possessions in America and the province of
Louisiana.
146
TERRITORY NORTHWEST OF THE OHIO. 147
ACTION OF THE CONGRESS OF THE CONFEDERATION ON THE NEW YORK AND VIRGINIA
CESSIONS, 1784.
The territory ceded by Virginia to the United States, March 1, 1784, became the sub-
ject of legislation on the part of the Congress of the Confederation, beginning on the
day of cession. *
On the 1st of March, 1784, a committee, consisting of Mr. Jefferson, of Virginia, Mr.
Chase, of Maryland, and Mr. Howell, of Rhode Island, submitted to Collgress the fol-
lowing plan for the temporary government of the Western Territory:
The committee appointed to prepare a plan for the temporary government of the
Western Territory have agreed to the following resolutions:
Resolved, That the Territory ceded or to be ceded by individual States to the United
States, whensoever the same shall have been purchased of the Indian inhabitants and
offered for sale by the United States, shall be formed into additional States, bounded
in the following manner, as nearly as such cessions will admit ; that is to say north-
wardly and southwardly by parallels of latitude, so that each State shall compre-
hend, from south to north, two degrees of latitude, beginning to count from the com-
pletion of thirty-one degrees north of the equator; but any territory northwardly of
the 47th degree shall make part of the State next below. And eastwardly and west-
wardly they shall be bounded, those on the Mississippi, by that river on one side and
the meridian of the lowest point of the rapids of the Ohio on the other; and those
adjoining on the east, by the same meridian on their western side, and on their eastern
by the meridian of the western cape of the mouth of the Great Kanawha. And the
territory eastward of this last meridian, between the Ohio, Lake Erie and Pennsyl-
vania, shall be one State. -
That the settlers within the territory so to be purchased and offered for sale, shall,
either on their own petition, or the order of Congress, receive authority from them,
with appointments of time and place, for their free males, of full age, to meet to-
gether, for the purpose of establishing a temporary government, to adopt the consti-
tution and laws of any one of these States, so that such laws nevertheless shall be
subject to alteration by their ordinary legislature, and to erect, subject to a like altera-
tion, counties or townships for the election of members for their legislature.
That such temporary government shall only continue in force in any State until it
shall have acquired 20,000 free inhabitants, when, giving due proof thereof to Con-
gress, they shall receive from them authority, with appointments of time and place,
to call a convention of representatives to establish a permanent constitution and gov-
ernment for themselves.
Provided, That both the temporary and permanent government be established on
these principles as their basis:
1. That they shall forever remain a part of the United States of America.
2. That in their persons, property, and territory they shall be subject to the Govern-
ment of the United States in Congress assembled, and to the Articles of Confedera-
tion in all those cases in which the original States shall be so subject.
3. That they shall be subject to pay a part of the federal debts contracted or to be
contracted, to be apportioned on them by Congress according to the same common
rule and measure by which apportionments thereof shall be made on other States.
4. That their respective governments shall be in republican forms, and shall admit
no person to be a citizen who holds any hereditary title. -
5. That after the year 1800 of the Christian era there shall be neither slavery nor
involuntary servitude in any of the said States otherwise than in punishment of crimes,
whereof the party shall have been duly convicted to have been personally guilty.
That whensoever any of the said States shall have of free inhabitants as many as
shall then be in any one of the least numerous of the thirteen original States, such
State shall be admitted by its delegates into the Congress of the United States on an
equal footing with the said original States, after which the assent of two-thirds of the
United States, in Congress assembled, shall be requisite in all those cases wherein, by
the confederation, the assent of nine States is now required; provided the consent of
nine States to such admission may be obtained according to the 11th of the Articles
of Confederation. Until such admission by their delegates into Congress any of the
said States, after the establishment of their temporary government, shall have au-
* to keep a sitting member in Congress, with a right of debating, but not
Voting. -
That the territory northward of the 45th degree, that is to say, of the completion of
45 degrees from the equator, and extending to the Lake of the Woods, shall be called
Sylvania; that of the territory under the 45th and 44th degrees, that which lies west-
Ward of Lake Michigan shall be called Michigania ; and that which is eastward thereof
within the peninsula formed by the lakes and waters of Michigan, Huron, St. Clair
and Erie shall be called Cherronesus, and shall include any part of the peninsula which
148 TERRITORY NORTHWEST OF THE OHIO.
, may extend above the 45th degree. Of the territory under the 43d and 45th degrees,
that to the westward, through which the Assemippi or Rock River runs, shall be called
A88enişipia; and that to the eastward, in which are the fountains of the Muskingum,
the two Miamies of Ohio, the Wabash, the Illinois, the Miami of the Lake, and the
Sandusky rivers, shall be called Metropotamia. Of the territory which lies under the
39th and 38th degrees, to which shall be added so much of the point of land within
the fork of the Ohio and Mississippi as lies under the 37th degree, that to the west-
ward within and adjacent to which are the confluences of the rivers Wabash, Shaw-
nee, Tamsee, Ohio, Illinois, Mississippi, and Missouri shall be called Polypotamia ; and
that to the eastward farther up the Ohio, shall be called Polisipia.
This report was recommitted to the same cômmittee on the 17th of March and a new
one was submitted on the 22d of the same month. The second report agreed in sub-
stance with the first. The principal difference was the omission of the paragraph
giving names to the States to be formed out of the Western Territory. It was taken
up for consideration by Congress on the 19th of April, on which day, on the motion of
Mr. Spaight, of North Carolina, the following clause was stricken out of the report :
That after the year 1800 of the Christian era there shall be neither slavery nor in-
voluntary servitude in any of the said States, otherwise than in the punishment of
crimes whereof the party shall have been duly convicted to have been personally guilty.
On the adoption of this proviso Maryland, Virginia, South Carolina voted “no.”
Massachusetts, Rhode Island, Connecticut, New Hampshire, New York, and Pennsyl-
vania voted “aye.” North Carolina was divided. Georgia, Delaware, and New Jersey
were absent. Failing to receive a majority (seven) of the States for its retention, it
failed.
The report was further considered and amended on the 20th and 21st. On the 23d.
it was agreed to (ten States voting “aye” and one “no'), without the clause prohibit-
ing slavery and involuntary servitude after the year 1800. On the question to agree
to the report, after the prohibitory clause was struck out, the yeas and nays were re-
quired by Mr. Beresford. The vote was: - -
Ayes—New Hampshire, Mr. Foster, Mr. Blanchard; Massachusetts, Mr. Gerry, Mr.
Partridge; Rhode Island, Mr. Ellery, Mr. Howell; Connecticut, Mr. Sherman, Mr.
Wadsworth; New York, Mr. Dewitt, Mr. Payne; New Jersey, Mr. Beatty, Mr. Dick;
Pennsylvania, Mr. Mifflin, Mr. Montgomery, Mr. Hand; Maryland, Mr. Stone, Mr.
Chase; Virginia, Mr. Jefferson, Mr. Mercer, Mr. Monroe; North Carolina, Mr. William-
son, Mr. Spaight.
Nays—South Carolina, Mr. Read, Mr. Beresford.
Absent—Delaware, Georgia.
RESOLUTIONS FOR THE GOVERNMENT OF THE WESTERN TERRITORY, PASSED APRIL
23, 1784.
Resolved, That so much of the territory ceded or to be ceded by individual States to
the United States, as is already purchased or shall be purchased of the Indian inhab-
itants, and offered for sale by Congress, shall be divided into distinct States in the
following manner, as nearly as such cessions will admit ; that is to say, by parallels of
latitude, so that each State shall comprehend from north to south two degrees of lati-
tude, beginning to count from the completion of forty-five degrees north of the equa-
tor; and by meridians of longitude, one of which shall pass through the lowest point,
of the rapids of Ohio, and the other through the western cape of the mouth of the
Great Kanhaway; but the territory eastward of this last meridian, between the Ohio,
Lake Erie, and Pennsylvania, shall be one State, whatsoever may be its comprehension
of latitude. That which may lie beyond the completion of the 45th degree, between
the said meridians, shall make part of the State adjoining it on the south; and that
part of the Ohio, which is between the same meridians, coinciding nearly with the par-
allel of 39 degrees, shall be substituted so far in lieu of that parallel as a boundary line.
That the settlers on any territory so purchased and offered for sale, shall, either on
their own petition or on the order of Congress, receive authority from them, with ap-
pointments of time and place, for their free males of full age, within the limits of their
State, to meet together, for the purpose of establishing a temporary government, to
adopt the constitution and laws of any one of the original States; so that such laws,
nevertheless, shall be subject to alteration by their ordinary legislature; and to erect,
subject to a like alteration, counties, townships, or other divisions, for the election of
members for their legislature.
That when any such State shall have acquired twenty thousand free inhabitants, on
TERRITORY NORTHWEST OF THE OHIO. 149
giving due proof thereof to Congress, they shall receive from them authority, with
appointments of time and place, to call a convention of representatives to establish a
permanent constitution and government for themselves: Provided, That both the tempo-
rary and permanent governments be established on these principles as their basis:
A 1. That they shall forever remain a part of this confederacy of the United States of
IOleITIC3b. -
2. That they shall be subject to the Articles of Confederation in all those cases in
which the original States shall be so subject, and to all the acts and ordinances of the
United States in Congress assembled, conformable thereto.
3. That they, in no case, shall interfere with the primary disposal of the soil by the
{Jnited States in Congress assembled, nor with the ordinances and regulations which
$.” may find necessary for securing the title in such soil to the bona-fide pur-
Cºla SerS. *
4. That they shall be subject to pay a part of the federal debts contracted, or to be
contracted, to be apportioned on them by Congress, according to the same common
rule and measure by which apportionments thereof shall be made on the other States.
5. That no tax shall be imposed on lands the property of the United States.
6. That their respective governments shall be republican.
7. That the lands of non-resident proprietors shall, in no case, be taxed higher than
those of residents within any new State, before the admission thereof to a vote by its
delegates in Congress.
That whensoever any of the said States shall have, of free inhabitants, as many as
shall then be in any one the least numerous of the thirteen original States, such State
shall be admitted by its delegates into the Congress of the United States, on an equal
footing with the said original States; provided the consent of so many States in Con-
gress is first obtained as may, at the time, be competent to such admission. And in
order to adapt the said Articles of Confederation to the state of Congress when its
numbers shall be thus increased, it shall be proposed to the legislatures of the States,
originally parties thereto, to require the assent of two-thirds of the United States in
Congress assembled, in all those cases wherein, by the said articles, the assent of nine
States is now required, which, being agreed to by them, shall be binding on the new
States. Until such admission by their delegates into Congress, any of the said States,
after the establishment of their temporary government, shall have authority to keep
a member in Congress, with a right of debating, but not of voting.
That measures, not inconsistent with the principles of the confederation, and neces-
sary for the preservation of peace and good order among the settlers in any of the
said new States, until they shall assume a temporary government as aforesaid, may,
from time to time, be taken by the United States in Congress assembled.
That the preceding articles shall be formed into a charter of compact; shall be duly
executed by the President of the United States in Congress assembled, under his hand,
and the seal of the United States; shall be promulgated; and shall stand as fundamen-
tal constitutions between the thirteen original States, and each of the Several States
now newly described, unalterable from and after the sale of any part of the territory
of such State, pursuant to this resolve, but by the joint consent of the United States
in Congress assembled, and of the particular State within which such alteration is
proposed to be made.
Thus the substance of the report of Mr. Jefferson of a plan for the government of
the Western Territory (without restrictions as to slavery) became a law, and remained
so during 1784 to 1787, when these resolutions were repealed in terms by the passage of
the ordinance for the government of the “Territory of the United States northwest of
the river Ohio.”
PRELIMINARY ACTION ON THE ORDINANCE OF 1787.
In Congress, March 16, 1785, a motion was made by Mr. King, seconded by Mr. Ellery,
that the following proposition be committed :
That there shall be neither slavery nor involuntary servitude in any of the States
described in the resolve of Congress of the 23d of April, 1784, otherwise than in the
punishment of crimes, whereof the party shall have been personally guilty; and that
this regulation shall be an article of compact, and remain a fundamental principle of
the Constitution between the thirteen original States, and each of the States described
in the said resolve of the 23d of April, 1784.
The motion was, “that the following proposition be committed”—that is, committed
to a committee of the whole House. It was a separate, independent proposition. The
terms of it show that it was offered as an addition to the resolve of April 23, 1784,
with the intention of restoring to that resolve a clause that had originally formed
part of it.
150 TERRITORY NORTHWEST OF THE OHIO.
Mr. King's motion to commit was agreed to; eight States (New Hampshire, Massa-
chusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, and Mary-
land) voted in the affirmative, and three States (Virginia, North Carolina, and South
Carolina) in the negative. Neither Delaware nor Georgia was represented.
After the commitment of this proposition, it was neither called up in Congress nor
noticed by any of the committees who subsequently reported plans for the govern-
ment of the Western Territory. -
The subject was not laid over from this time till September, 1786. It is noticed as
being before Congress on the 24th of March, the 10th of May, the 13th of July, and
the 24th of August, of that year.
On the 24th of March, 1786, a report was made by the grand committee of the House,
to whom had been referred a motion of Mr. Monroe upon the subject of the Western
Territory. -
On the 10th of May, 1786, a report was made by another committee, consisting of
Mr. Monroe, of Virginia, Mr. Johnson, of Connecticut, Mr. King, of Massachusetts,
Mr. Kean, of South Carolina, and Mr. Pinckney, of South Carolina, to whom a motion
of Mr. Dane, for considering and reporting the form of a temporary government for
the Western Territory, was referred. This report, after amendments, was recommitted
on the 13th of July following.
On the 24th of August, 1786, the secretary of Congress was directed to inform the
inhabitants of Kaskaskia “that Congress have under their consideration the plan of a
temporary government for the said district, and that its adoption will be no longer
protracted than the importance of the subject and a due regard to their interest may
require.”
On the 19th of September, 1786, a committee consisting of Mr. Johnson, of Con-
necticut, Mr. Pinckney, of South Carolina, Mr. Smith, of New York, Mr. Dane, of
Massachusetts, and Mr. Henry, of Maryland, appointed to prepare a “plan of tempo-
rary government for such districts or new States as shall be laid out by the United
States upon the principles of the acts of cession from individual States, and admitted
into the confederacy,” made a report, which was taken up for consideration on the
29th, and, after some discussion and several motions to amend, the further considera-
tion was postponed.
On the 26th of April, 1787, the same committee (Mr. Johnson, Mr. Pinckney, Mr.
Smith, Mr. Dane, and Mr. Henry) reported “An ordinance for the government of the
Western Territory.” It was read a second time, and amended on the 9th of May, when
the next day was assigned for the third reading. On the 10th the order of the day
for the third reading was called for by the State of Massachusetts, and was postponed.
On the 9th and 10th of May, Massachusetts was represented by Mr. Gorham, Mr. King,
and Mr. Dane. The proposition which, on Mr. King's motion, was “committed” on
the 16th of March of the preceding year, was not in the ordinance as reported by the
committee, nor was any motion made in the Congress to insert it as an amendment.
The following is a copy of the ordinance, as amended, and ordered to a third reading:
AN ORDINANCE for the government of the Western Territory.
It is hereby ordained by the United States, in Congress assembled, That there shall be ap-
pointed from time to time, a governor, whose commission shall continue in force for
the term of three years, unless sooner revoked by Congress.
There shall be appointed by Congress from time to time, a secretary, whose com-
mission shall continue in force for four years, unless sooner revoked by Congress. It
shall be his duty to keep and preserve the acts and laws passed by the general assem-
bly, and public records of the district, and of the proceedings of the governor in his
executive department, and transmit authentic copies of such acts and proceedings
every six months to the Secretary of Congress.
There shall also be appointed a court, to consist of three judges, any two of whom
shall form a court, who shall have a common law jurisdiction, whose commissions shall
continue in force during good behavior. sº
TERRITORY NORTHWEST OF THE OHIO. 151
And to secure the rights of personal liberty and property to the inhabitants and
others, purchasers in the said district, it is hereby ordained that the inhabitants of
such districts shall always be entitled to the benefits of the act of habeas corpus, and
of the trial by jury.
The governor and judges, or a majority of them, shall adopt, and publish in the dis-
trict, such laws of the original States, criminal and civil, as may be necessary and best
suited to the circumstances of the district, and report them to Congress from time to
time, which shall prevail in said district until the organization of the general assem-
bly, unless disapproved by Congress; but afterwards the general assembly shall have
authority to alter them as they shall think fit : Provided, however, That said assembly
shall have no power to create perpetuities.
The governor for the time being shall be commander-in-chief of the militia, and ap-
point and commission all officers in the same below the rank of general officer. Alk
officers of that rank shall be appointed and commissioned by Congress.
Previous to the organization of the general assembly, the governor shall appoint
such magistrates and other civil officers in each county or township, as he shall find
necessary for the preservation of peace and good order in the same. After the general
assembly shall be organized, the powers and duties of magistrates and other civil offi-
cers shall be regulated and defined by the said assembly; but all magistrates and
other civil officers not herein otherwise directed, shall, during the continuance of this
temporary government, be appointed by the governor. -
The governor shall, as soon as may be, proceed to lay out the district into counties
and townships, subject, however, to such alterations as may thereafter be made by the
legislature, as soon as there shall be five thousand free male inhabitants of full age.
within the said district. Upon giving due proof thereof to the governor, they shall
receive authority, with time and place to elect representatives from their counties or
townships as aforesaid, to represent them in general assembly, provided that for every
five hundred free male inhabitants there shall be one representative, and so on pro-
gressively with the number of free male inhabitants shall the right of representation
increase, until the number of representatives amount to twenty-five; after which the
Inumber and proportion of representatives shall be regulated by the legislature, pro-
vided that no person shall be eligible or qualified to act as a representative unless he
shall be a citizen of one of the United States, or have resided within the district three
years, and shall likewise hold, in his own right in fee-simple, two hundred acres of land
within the same : Provided, also, That a freehold or life estate in fifty acres of land, in
the said district, of a citizen of any of the United States, and two years' residence, if
a foreigner, in addition shall be necessary to qualify a man as elector for said repre-
Sentatives. -
The representatives thus elected shall serve for the term of two years; and in the
case of the death of a representative or removal from office, the governor shall issue a
writ to the county or township for which he was a member, to elect another in his
stead, to serve during the residue of the time. -
The general assembly shall consist of the governor, a legislative council—to consist
of five members, to be appointed by the United States, in Congress assembled, to con-
tinue in office during pleasure, any three of whom to be a quorum—and a house of
representatives, who shall have a legislative authority, complete in all cases for the
good government of said district : Provided, That no act of the said general assembly
shall be construed to affect any lands the property of the United States: And provided
..further, That the lands of the non-resident proprietors shall in no instance be taxed
higher than the lands of residents. -
All bills shall originate indifferently either in the council or house of representa-
tives, and having been passed by a majority in both houses, shall be referred to the
governor for his assent, after obtaining which, they shall be complete and valid ; but
no bill or legislative act, whatever, shall be valid, or of any force, without his assent.
The governor shall have power to convene, prorogue, and dissolve the general as-
Sembly, when in his opinion it shall be expedient.
The said inhabitants or settlers shall be subject to pay a part of the Federal debts
contracted, or to be contracted, and to bear a proportional share of the burdens of the
government, to be apportioned on them by Congress, according to the same common
rule and measure by which apportionments thereof shall be made on the other States.
The governor, judges, legislative council, secretary, and such other officers as Con-
greSS shall at any time think proper to appoint in such district, shall take an oath or
affirmation of fidelity; the governor before the President of Congress, and all other
officers before the governor, prescribed on the 27th day of January, 1785, to the Sec-
retary of War, mutatis mutandis. -
Whensoever any of the said States shall have of free inhabitants as many as are
equal in number to the one-thirteenth part of the citizens of the original States, to be
computed from the last enumeration, such State shall be admitted by its delegates
into the Congress of the United States on an equal footing with the said original
! .
152 TERRITORY NORTHWEST OF THE OHIO.
States, provided the consent of so many States in Congress is first obtained as may at
that time be competent to such admission.
Resolved, That the resolutions of the 23d of April, 1784, be, and the same are hereby
annulled and repealed.*
Such was the ordinance for the government of the Western Territory when it was
ordered to a third reading on the 10th of May, 1787. It had then made no further
progress in the development of those great principles for which it has since been dis-
tinguished as one of the greatest monuments of civil jurisprudence. It made no pro-
vision for the equal distribution of estates. It said nothing of extending the funda-
mental principles of civil and religious liberty; nothing of the rights of conscience,
knowledge, or education. It did not contain the articles of compact which were to re-
main unaltered forever unless by common consent.
We now come to the time when these great principles were first brought forward.
On the 9th of July, 1787, ordinances were again referred. The committee now con-
sisted of Mr. Carrington, of Virginia; Mr. Dane, of Massachusetts; Mr. R. H. Lee, of
Virginia; Mr. Kean, of South Carolina; and Mr. Smith, of New York. Mr. Carring-
ton, Mr. Lee, and Mr. Kean, the new members, were a majority.
This committee did not merely revise the ordinance; they prepared and reported the
great Bill of Rights for the territory northwest of the Ohio.
The question is here presented, why was Mr. Carrington, a new member of the com-
mittee, placed at the head of it, to the exclusion of Mr. Dane and Mr. Smith, who had
served previously? In the absence of positive evidence, there appears to be but one
answer to this question: the opinions of all the members were known in Congress. In
the course of debate new views had been presented which must have been received
with general approbation. A majority of the committee were the advocates of these
views, and the member by whom they were presented to the House was selected as
the chairman. There is nothing improbable or out of the usual course in this. In-
deed, the prompt action of the committee and of the Congress goes far to confirm it. ,
On the 11th of July (two days after the reference) Mr. Carrington reported the ordi-
nance for the government of the territory of the United States northwest of the Ohio,
This ordinance was read a second time on the 12th (and amended as stated below),
and on the 13th it was read a third time, and passed by the unanimous vote of the
eight States present in the Congress. g
On the passage the yeas and nays (being required by Mr. Yates) were as follows:
Ayes—Massachusetts, Mr. Holten, Mr. Dane; New York, Mr. Smith, Mr. Harney, Mr.
Yates; New Jersey, Mr. Clark, Mr. Schureman; Delaware, Mr. Kearney, Mr. Mitchell;
Virginia, Mr. Grayson, Mr. R. H. Lee, Mr. Carrington; North Carolina, Mr. Blount,
Mr. Hawkins; South Carolina, Mr. Kean, Mr. Huger; Georgia, Mr. Few, Mr. Pierce.
Nays—None. * :
Absent—New Hampshire, Rhode Island, Connecticut, Pennsylvania, Maryland.
It appears that in five days it was passed through all the forms of legislation—the
reference, the action of the committee, the report, the three several readings, the dis-
cussion and amendment by Congress, and the final passage. *.
On the 12th of July (as above stated) Mr. Dane offered the following amendment,
which was adopted as the sixth of the articles of the compact:
Article the sixth. There shall be neither slavery nor involuntary servitude in the
said territory, otherwise than in the punishment of crimes whereof the party shall
have been duly convicted: Provided always, That any person escaping into the same,
from whom labor or service is claimed in any of the original States, such fugitive may
be *. reclaimed and conveyed to the person claiming his or her labor or service
aS aforeSaid. “
This had in part been presented by Mr. Jefferson in 1784, and again by Mr. King in
1785. In the proposition submitted by Mr. King in 1785 (which was never afterwards
called up in Congress) there was no provision for reclaiming fugitives; and without
*The manuscript of this ordinance—with alterations marked on it while under consideration, just as
it was amended at the President's table, among which the clause respecting slavery remains attached
to it as an amendment in Mr. Dane's handwriting, in the exact words in which it now stands in the
ordinance, is among the “Peter Force” archives.
TERRITORY NORTHWEST OF THE OHIO. 153
such a provision it could not have been carried at all; besides, the clause, as it now
exists in the ordinance, was proposed by Mr. Dane on the 12th of July, 1787, and car-
ried by the unanimous vote of Congress when Mr. King was not present.
Mr. King was a member of the convention for framing the Federal Constitution.
He was present and voted in the convention on the 12th of July, 1787. The whole of
that day was occupied in settling the proportion of representation and direct taxation,
which was then determined as it now stands in the Constitution, viz., “by adding to
the whole number of free persons, including those bound to service for a term of years,
and excluding Indians not taxed, three-fifths of all other persons.”
The Congress and the convention were both in session at the same time in Philadel-
phia; there was of course free intercourse and interchange of opinion between the
members of the two bodies. To this may be attributed the adoption on the same day
of the clause in the ordinance and the clause in the Constitution.”
ORDINANCE FOR THE GOVERNMENT OF THE TERRITORY OF THE UNITED STATES
* NORTHWEST OF THE RIVER OHIO.
In Congress of the Confederation, at Philadelphia, July 13, 1787, according to order,
the ordinance for the government of the territory of the United States northwest of the
river Ohio was read a third time, and passed, as follows:
AN ORDINANCE for the government of the territory of the United States northwest of the river Ohio.
Be it ordained by the United States in Congress assembled, That the said territory, for
the purposes of temporary government, be one district; subject, however, to be di-
vided into two districts, as future circumstances may, in the opinion of Congress,
make it expedient.
Be it ordained by the authority aforesaid, That the estates both of resident and non-
resident proprietors in the said territory, dying intestate, shall descend to, and be dis-
tributed among their children, and the descendants of a deceased child, in equal parts;
the descendants of a deceased child or grandchild to take the share of their deceased
parent in equal parts among them; and where there shall be no children or descend-
ants, then in equal parts to the next of kin, in equal degree ; and among collaterals,
the children of a deceased brother or sister of the intestate shall have, in equal parts
among them, their deceased parents' share; and there shall, in no case, be a distinction
between kindred of the whole and half blood; saving in all cases to the widow of the
intestate her third part of the real estate for life, and one-third part of the personal
estate; and this law relative to descents and dower shall remain in full force until
altered by the legislature of the district. And until the governor and judges shall
adopt laws as hereinafter mentioned, estates in the said territory may be devised or
bequeathed by wills in writing, signed and sealed by him or her, in whom the estate
may be, (being of full age,) and attested by three witnesses; and real estates may be
conveyed by lease and release, or bargain and sale, signed, sealed, and delivered, by
the person, being of full age, in whom the estate may be, and attested by two wit-
nesses, provided such wills be duly proved, and such conveyances be acknowledged,
or the execution thereof duly proved, and be recorded within one year after proper
magistrates, courts, and registers, shall be appointed for that purpose; and personal
property may be transferred by delivery; Saving, however, to the French and Cana-
dian inhabitants, and other settlers of the Kaskaskies, Saint Vincents, and the neigh-
boring villages, who have heretofore professed themselves citizens of Virginia, their
laws and customs now in force among them, relative to the descent and conveyance of
roperty.
p }. Hºrdained by the authority aforesaid, That there shall be appointed, from time
to time, by Congress, a governor, whose commission shall continue in force for the
term of three years, unless sooner revoked by Congress; he shall reside in the district,
and have a freehold estate therein, in one thousand acres of land, while in the exercise
of his office. *
There shall be appointed, from time to time, by Congress, a secretary, whose com-
mission shall continue in force for four years, unless sooner revoked ; he shall reside in
the district, and have a freehold estate therein, in five hundred acres of land, while in
the exercise of his office ; it shall be his duty to keep and preserve the acts and laws
passed by the legislature, and the public records of the district, and the proceedings
of the governor in his executive department; and transmit authentic copies of such
acts and proceedings, every six months, to the Secretary of Congress: There shall also
*Peter Eorce.
154 TERRITORY NORTHWEST OF THE OHIO.
be appointed a court, to consist of three judges, any two of whom to form a court, who
shall have a common law jurisdiction, and reside in the district, and have each therein
a freehold estate, in five hundred acres of land, while in the exercise of their offices;
and their commissions shall continue in force during good behavior.
The governor and judges, or a majority of them, shall adopt and publish in the dis-
trict, such laws of the original States, criminal and civil, as may be necessary, and best
suited to the circumstances of the district, and report them to Congress, from time to
time; which laws shall be in force in the district until the organization of the gen-
eral assembly therein, unless disapproved of by Congress; but afterward, the legisla-
ture shall have authority to alter them as they shall think fit.
The governor for the time being, shall be commander-in-chief of the militia, appoint
and commission all officers in the same, below the rank of general officers; all general
officers shall be appointed and commissioned by Congress.
Previous to the organization of the general assembly, the governor shall appoint
such magistrates and other civil officers, in each county or township, as he shall find
necessary for the preservation of the peace and good order in the same. After the gen-
eral assembly shall be organized, the powers and duties of magistrates and other civil
officers shall be regulated and defined by the said assembly; but all magistrates and
other civil officers, not herein otherwise directed, shall, during the continuance of this
temporary government, be appointed by the governor.
For the prevention of crimes and injuries, the laws to be adopted or made shall have
force in all parts of the district, and for the execution of process, criminal and civil,
the governor shall make proper divisions thereof; and he shall proceed from time to
time, as circumstances may require, to lay out the parts of the district in which the
Indian titles shall have been extinguished, into counties and townships, subject, how-
ever, to such alterations as may thereafter be made by the legislature.
So soon as there shall be five thousand free male inhabitants, of full age, in the dis-
trict, upon giving proof thereof to the governor, they shall receive authority, with time
and place, to elect representatives from their counties or townships, to represent them
in the general assembly; provided that, for every five hundred free male inhabitants,
there shall be one representative, and so on, progressively, with the number of free
male inhabitants, shall the right of representation increase, until the number of rep-
resentatives shall amount to twenty-five ; after which the number and proportion of
representatives shall be regulated by the legislature; provided, that no person be eli-
gible or qualified to act as a representative, unless he shall have been a citizen of one
of the United States three years, and be a resident in the district, or unless he shall
have resided in the district three years; and in either case, shall likewise hold in his
own right, in fee-simple, two hundred acres of land within the same; provided also,
that a freehold in fifty acres of land in the district, having been a citizen of one of the
States, and being resident in the district, or the like freehold and two years residence
in the district, shall be necessary to qualify a man as an elector of a representative.
The representatives thus elected, shall serve for the term of two years; and in case
of the death of a representative, or removal from office, the governor shall issue a writ
to the county or township, for which he was a member, to elect another in his stead,
to serve for the residue of the term.
The general assembly, or legislature, shall consist of the governor, legislative coun-
cil, and a house of representatives. The legislative council shall consist of five mem-
bers, to continue in office five years, unless sooner removed by Congress; any three of
whom to be a quorum : and the members of the council shall be nominated and ap-
pointed in the following manner, to wit: As soon as representatives shall be elected,
the governor shall appoint a time and place for them to meet together, and when met,
they shall nominate ten persons, residents in the district, and each possessed of a free-
hold in five hundred acres of land, and return their names to Congress; five of whom
Congress shall appoint and commission to serve as aforesaid: and whenever a vacancy
shall happen in the council, by death or removal from office, the house of representa-
tives shall nominate two persons, qualified as aforesaid, for each vacancy, and return
their names to Congress; one of whom Congress shall appoint and commission for the
residue of the term : And every five years, four months at least before the expira-
tion of the time of service of the members of council, the said house shall nominate
ten persons, qualified as aforesaid, and return their names to Congress; five of whom
Congress shall appoint and commission to serve as members of the council five years,
unless sooner removed. And the governor, legislatiye council, and house of representa-
tives shall have authority to make laws, in all cases, for the good government of the
district, not repugnant to the principles and articles in this ordinance established and
declared. And all bills, having passed by a majority in the house, and by a majority
in the council, shall be referred to the governor for his assent; but no bill or legisla-
tive act whatever, shall be of any force without hig assent. The governor shall have
power to convene, prorogue, and dissolve the general assembly, when in his opinion it
shall be expedient. -
The governor, judges, legislative council, secretary, and such other officers as Con-
TERRITORY NORTHWEST OF THE OHIO. 155.
gress shall appoint in the district, shall take an oath or affirmation of fidelity, and of
office; the governor before the President of Congress, and all others officers before the
governor. As soon as a legislature shall be formed in the district, the council and
house assembled, in one room, shall have authority, by joint ballot, to elect a delegate
to Congress, who shall have a seat in Congress, with a right of debating, but not of
voting during this temporary government.
And for extending the fundamental principles of civil and religious liberty, which
form the basis whereon these republics, their laws, and constitutions are erected; to
fix and establish those principles as the basis of all laws, constitutions, and govern-
ments, which forever hereafter shall be formed in the said territory; to provide, also,
for the establishment of States and permanent government therein, and for their ad-
mission to a share in the federal councils on an equal footing with the original states,
at as early periods as may be consistent with the general interest :
It is hereby ordained and declared, by the authority aforesaid, That the following arti-
cles shall be considered as articles of compact, between the original States and the
people and States in the said territory, and forever remain unalterable, unless by com-
mon consent, to wit:
ARTICLE 1. No person, demeaning himself in a peaceable and orderly manner, shall
tº: molested on account of his mode of worship or religious sentiments, in the said
territory. Y
ART. 2. The inhabitants of the said territory shall always be entitled to the benefits.
of the writ of habeas corpus, and of the trial by jury; of a proportionate representa-
tion of the people in the legislature, and of judicial proceedings according to the course
of the common law. All persons shall be bailable, unless for capital offences, where
the proof shall be evident, or the presumption great. All fines shall be moderate; and
no cruel or unusual punishments shall be inflicted. No man shall be deprived, of his
liberty or property, but by the judgment of his peers, or the law of the land, and should
the public exigencies make it fecessary, for the common preservation, to take any per-
Son's property, or to demand his particular services, full compensation shall be made
for the same. And, in the just preservation of rights and property, it is understood and
declared, that no law ought ever to be made, or have force in the said territory, that
shall, in any manner whatever, interfere with, or affect, private contracts or engage-
ments, bona fide, and without fraud, previously formed.
ART. 3. Religion, morality, and knowledge, being necessary to good government and
the happiness of mankind, schools and the Imeans of education shall forever be encour-
aged. The utmost good faith shall always be observed towards the Indians; their
lands and property shall never be taken from them without their consent; and in their
property, rights, and liberty, they never shall be invaded or disturbed, unless in just
and lawful wars authorized by Congress; but laws founded in justice and humanity
shall, from time to time, be made, for preventing wrongs being done to them, and for
preserving peace and friendship with them.
ART. 4. The said territory, and the States which may be formed therein, shall forever
remain a part of this confederacy of the United States of America, Šubject to the Arti-
cles of Confederation, and to such alterations therein as shall be constitutionally made;
and to all the acts and ordinances of the United States in Congress assembled, con-
formable thereto. The inhabitants and settlers in the said territory shall be subject
to pay a part of the federal debts, contracted or to be contracted, and a proportional
part of the expenses of Government, to be apportioned on them by Congress, according
to the same common rule and measure by which apportionments thereof shall be made
on the other States; and the taxes for paying their proportion, shall be laid and levied.
by the authority and direction of the legislatures of the district or districts, or new
States, as in the original States, within the time agreed upon by the United States in
Congress assembled. The legislatures of those districts, or new States, shall never in-
terfere with the primary disposal of the soil by the United States in Congress assem-
bled, nor with any regulations Congress may find necessary, for securing the title in
such soil, to the bona-fide purchasers. No tax shall be imposed on lands the property
of the United States; and in no case shall non-resident proprietors be taxed higher than
residents. The navigable waters leading into the Mississippi and St. Lawrence, and
the carrying places between the same, shall be common highways, and forever free, as
well to the inhabitants of the said territory, as to the citizens of the United States,
and those of any other States that may be admitted into the confederacy, without any
tax, impost, or duty therefor.
ART. 5. There shall be formed in the said territory, not less than three, nor more
than five States; and the boundaries of the States, as soon as Virginia shall alter her
act of cession, and consent to the same, shall become fixed and established as follows,
to wit: the western State in the said territory, shall be bounded by the Mississippi,
the Ohio, and Wabash rivers; a direct line drawn from the Wabash and Post Vincents,
due north, to the territorial line between the United States and Canada; and by the
said territorial line to the Lake of the Woods and Mississippi. The middle States shall
be bounded by the said direct line, the Wabash, from Post Vincents to the Ohio, by the
156 - TERRITORY NORTHWEST OF TEIE OHIO.
Ohio, by a direct line drawn due north from the mouth of the Great Miami to the said
territorial line, and by the said territorial line. The eastern State shall be bounded by
the last-mentioned direct line, the Ohio, Pennsylvania, and the said territorial line:
Provided, however, and it is further understood and declared, that the boundaries of
these three States shall be subject sofar to be altered, that, if Congress shall hereafter
find it expedient, they shall have authority to form one or two States in that part of
the said territory which lies north of an east and west line drawn through the south-
erly bend or extreme of Lake Michigan. And whenever any of the said States shall
have sixty thousand free inhabitants therein, such State shall be admitted, by its dele-
gates, into the Congress of the United States, on an equal footing with the original
States, in all respects whatever; and shall be at libérty to form a permanent constitu-
tion and State government: Provided, The constitution and government, so to be formed,
shall be republican, and in conformity to the principles contained in these articles;
and, so far as it can be consistent with the general interest of the confederacy, such
admission shall be allowed at an earlier period, and when there may be a less number
of free inhabitants in the State than sixty thousand.
ART. 6. There shall be neither slavery nor involuntary servitude in the said terri-
tory, otherwise than in the punishment of crimes, whereof the party shall have been
duly convicted: Porvided, always, That any person escaping into the same, from whom
labor or service is lawfully claimed in any one of the original States, such fugitive
may be lawfully reclaimed, and conveyed to the person claiming his or her labor or
service as aforesaid.
Be it ordained by the authority aforesaid, That the resolutions of the 23d of April,
1784, relative to the subject of this ordinance, be, and the same are hereby, repealed
and declared null and void.
*é WILLIAM GRAYSON,
Chairman.
Done by the United States, in Congress assembled, the 13th day of July, in the year
of our Lord 1787, and of the sovereignty and Independence the twelfth.
CHARLES THOMSON,
Secretary.
REVIEW OF THE ORDINANCE OF 1787, AND CHANGE IN TENURES AND ESTATES THERE-
UNDER.
The ordinance of 1787 was the first general legislation by the Congress of the United
States on the subject of real property. In it the leading features of feudalism are
specifically repealed. Since the period of its passage the policy of the jurisprudence
of the United States is not to encourage restraints upon the power of alienation of
land. Free and unconditional alienation is now the rule of the National Government
in the disposal of the public domain, and encouraged by all the States and Territories
in land transfers.
The failure of the first aristocratic efforts at colonization upon the basis of feudal-
istic social organization now appears as an event giving decisive advantages to the
development of freedom. Under the charter of King James I., the lands of the first
and second colonies of Virginia were to be held by the mildest form of tenure, of free
and common socage, which in many of the States of the Union has been transferred
into allodial proprietorship, or freehold estate held in absolute individual right, and
free from feudal tenure or obligation.
The usual tenure of the colonial grants, after Raleigh's first one, was free and com-
mon socage.
The common law of England as to passing title by deed for lands so held, and the
provisions of the statute of frauds, were early invoked in some of the colonies, and
voluntary alienations of title, after purchase from proprietary or proprietaries or
from the Crown, were safely and legally guarded. There was in colonial times, in most
of the colonies, safe tenure for lands. Overlapping or twice-issued grants, or grants
several times over for the same lands to different proprietaries, frequently caused
clash as to attornment for rents, but the individual titles usually were respected and
protected. .
Socage tenure denoted lands held by a fixed and determined service; not military,
nor in the power of the lord paramount (or charter grantee), to whom rents might be
due, to vary at his pleasure. The change in England, in relation to lands (3 Kent,
TERRITORY NORTHWEST OF THE OHIO. 157
510, 511) from knight-service to tenure by socage, was obtained only after a long and
bitter struggle, and was of vast social importance. ...'
Most of the feudal incidents of tenure (which in the colonies were of mere form)
were abolished in many of the States after the Revolution, and by the United States
in the immortal ordinance of 1787, the most progressive and republican act ever per-
formed by a nation in relation to the estates of her people. It made the individual
absolutely independent of the State, and the entire owner of his or her home.
Becoming the guardian of the public domain, the Congress of the Confederation, by
its system of holdings in the “ordinance,” made the tenure of the land safe, and, by
the Order of disposition afterward adopted, made from the public domain thousands
of free and happy homes.
After the Revolution in 1776 the lord paramount of all socage lands became the peo-
ple of the State or States, and the quit-rents which were due for the King in colonial
grants, and whom the people succeeded by the Revolution of 1776, were acted upon by
legislatures and generally commuted; or where proprietary rights were purchased by
the State, the State in selling, as in the case of unappropriated vacant crown lands
lying within States, gave patents to purchasers at their land offices in fee.
All lands granted or patented before the Revolution, within the colonies, were held
by Socage tenure. After this came the allodial legislation by States and the National
Government. (3 Kent, 512; note A.)
A patent, grant, or deed in fee, in the sense now used in this country, is an estate of
inheritance in law belonging to the owner and transferable to his heirs. It may be
continued forever. (4 Kent, 406.)
Fee-simple is a pure inheritance, clear of conditions or qualifications, with certain
restrictions in law as to heirs. It is an estate of perpetuity, and carries with it and
confers an unlimited power of alienation. No person is capable of having a greater
estate or interest in land. (4 Kent, 406.) • . -
In the first charter to Sir Walter Raleigh for colonization in America, granted by
Elizabeth March 25, 1584, the right to him, his heirs or assigns, to dispose of lands in
fee simple, according to the laws of England, was granted. Tenure by knight-service
was a rule then in force in England. It was abolished by statute of 12 Charles II.,
after the restoration in England, and the tenure of land was for the most part there-
after turned into free and common socage, and everything oppressive in that tenure was
abolished. This statute essentially ended the feudal system in England, although
there are remaining some unimportant features in name in all socage tenures. (3
Kent, 509.) Homage was exacted in some of the colonial grants from the grantees to
the Crown. It was defined by Littleton as “the most honorable and the most humble
service of reverence that a frank tenant could make to his lord.” (4 Kent, 511.)
All lands held by socage tenures would seem, in theory, to have been chargeable
with the oath of fealty. And every tenant, whether in fee, for life, or for years, was
by the English law obliged to renderit when required, as being the indispensable service
due to the lord of whom he held. (4 Kent, 511, 512.) Fealty was an oath of fidelity
to the lord. It was the foundation and essence of the feudal association.
Littleton says: “When a freeholder doth fealty to his lord, lie shall lay his right
hand upon a book, and shall say, “Know ye this, my lord, that I shall be faithful and
true unto you, and faith to you shall bear for the lands which I claim to hold of you,
and that I shall lawfully do to you the customs and services which I ought to do by
the terms assigned. So help me God and his saints.”
“The oath of fealty was the parent of the oath of allegiance, now exacted of sub-
jects and officials by Sovereigns,” and of officials (and can be of citizens) in republics.
(3 Kent, 511.)
The highest title to land in the United States is a Government grant, a patent either
from the National Government or a State.
A Government grant for land has been, and is held to be, “a contract executed.”
(Fletcher v. Peck, 6 Cranch, 87.)
158 TERRITORY NORTHWEST OF THE OHIO.
In the United States we have adopted a fundamental principle of the English law,
derived from the maxims of the feudal tenure, that “the king [State] is the original
proprietor or lord paramount of all the land in the kingdom, and the true and only
source of title.” It is a settled doctrine with us that all valid individual title to land
within the United States is derived from grants from or under the authority of the
governments of England, Sweden, Holland, France, Spain, Russia, Mexico, the char-
tered and crown colonies, or the Government of the United States and the several
States of the Union. (3 Kent, 5 ; note A.) In all treaties defining boundaries, ces-
'sions, or purchases made by or to the United States by foreign nations or by States in
the Union, or in anywise relating to the territory now within the United States, indi-
vidual rights, grants, and land holdings are provided for, guarded, and confirmed
either in the treaties or cessions, or by subsequent legislation by Congress.
Indian titles to lands within the limits of the United States are considered mere oc-
cupancy titles, the Government claiming the right to purchase (the fee being consid-
-ered inchoate, but in the United States) by treaty; these treaties being confirmatory
acts as to the fee. The lands are then added to the public domain for sale and dispo-
sition. (3 Kent.) -
THE VITAL CHANGES IN LAND TENURES MADE BY THE ORDINANCE.
The second section of the ordinance of 1787 was vitally progressive.
It ordained and enacted “that the estates both of resident and non-resident pro-
prietors in the said territory, dying intestate, shall descend to and be distributed
among their children and the descendants of a deceased child in equal parts, the de-
scendants of a deceased child or grandchild to take the share of their deceased parent
in equal part among them ; and where there shall be no children or descendants,
then in equal part to the next of kin in equal degree ; and among collaterals, the
children of a deceased brother or sister of the intestate shall have, in equal parts
among them, their deceased parent's share ; and there shall in no case be a distinction
between kindred of the whole and half blood ; saving, in all cases, to the widow of
the intestate her third part of the real estate for life and one-third part of the personal
estate; and this law, relative to descents and dower, shall remain in full force until
altered by the legislature of the district. And until the governor and judges shall
adopt laws as hereinafter mentioned, estates in said territory may be devised or be-
queathed by wills in writing, signed and sealed by him or her in whom the estate may
be (being of full age) and attested by three witnesses; and real estate may be con-
veyed by lease and release, or bargain and sale, signed, sealed, and delivered by the
person being of full age in whom the estate may be, and attested by two witnesses,
provided such will be duly proved and such conveyances be acknowledged, or the ex-
recution thereof duly proved, and be recorded within one year after proper magistrate's
courts and registers shall be appointed for that purpose ; and personal property may
be tranferred by delivery, saving, however, to the French and Canadian inhabitants,
and other settlers of the Kaskaskias, St. Vincent's, and the neighboring villages, who
have heretofore professed themselves citizens of Virginia, their laws and customs now
in force among them relative to the descent and conveyance of property.”
“This statute struck the key-note of our liberal system of land law, not only in the
States formed out of the public domain, but also in the older States. The doctrine of
tenure is entirely exploded; it has no existence. Though the word may be used for
the sake of convenience, the last vestige of feudal import has been torn from it. The
individual title derived from the Government involves the entire transfer of the own- .
ership of the soil. It is purely allodial, with all the incidents pertaining to that title,
as substantial as in the infancy of Teutonic civilization. Following in the wake of
this fundamental reform in our State land laws are several others which constitute
appropriate corollaries. The statute of uses was never adopted in the public-land
States, and hence the complex distinction between uses and trust has never embarrassed
our jurisprudence. We have, however, adopted one of the methods of conveyance to
TERRITORY NORTHWEST OF THE OHIO. 159
which that statute gave rise, to wit, the method of bargain and sale. Feoffments,
fines, and recoveries are entirely dispensed with, as also livery of seisin and its conse-
quences. A conveyance is completed by the execution and delivery of the deed; en-
tailments and perpetuities are barred by the statute, which renders void all limita-
tions beyond persons in being and their immediate issue, and which provides that an
estate tail shall become a fee-simple in the heirs of the first grantee. All joint inter-
ests in land are reduced to tenancies in common. Joint tenancies never had an exist-
ence, and coparceners are now on a footing of tenants in common. Real actions, with
their multitudinous technicalities, never had an existence in our western jurispru-
dence, though some of the fictions of this form of action were and are still tolerated
in some localities, e.g., the allowance of fictitious parties to a suit. Ejectment is now
the universal remedy, being the only action for the recovery of lands. Action by
ejectment is limited to twenty-one years, but refractory tenants may be more speedily
dispossessed by the action for forcible entry and detainer. A dispossessed claimant
may, at the option of the ejector, either pay for the land, or receive pay for the im-
provements. For waste the party is liable in simple damages, and no more. A tenant
in dower forfeits the place wasted. In the older States we see evidences of the reflex
benefits of the land legislation of our public-land States.
“The Pennsylvania supreme court (5 Rawle, 112) holds that “our property is allodial,
and escheat takes place, not upon principles of tenure, but by force of our statutes to
avoid the uncertainty and confusion inseparable from the recognition of a title founded
in priority of occupancy.” Chancellor Kent says that tenure to some extent pervades
real property in the United States. The title is essentially allodial, yet designated by
the feudal terms fee-simple and free and common socage. These technicalities mar
the municipal jurisprudence of several States, though no vestige of feudal tenure re-
mains, and ownership, free and independent, is the real character of individual title
to the soil. By the statute of February 20, 1787, New York abolished all military ten-
ures, transferring them into free and common socage and making all State grants en-
tirely allodial. r -
“The revised statutes going into effect in 1830 abolished the last shadow of feudal
tenure, and made allodial proprietorship the sole title to private land, and this property
liable to forfeiture only by escheat.
“In other States these tenures have either been formally changed into allodial, or if
they retain the technicalities of feudalism, the latter receive an allodial signification.
An estate in fee-simple means one of inheritance, having lost its beneficiary or usufruct-
uary character.
“It will be seen from the facts recited that the liberal principles embodied in our pub-
lic-land policy have reconstructed to a great extent the legal basis of our social order
by liberalizing the ideas of land ownership.
“The General Government set this glorious example, and the justice and expediency
of its policy in this respect are now universally admitted.””
This great American Charter contains the basic propositions, as to land tenures of
the laws of the United States and of most of the States of the Nation, and became
and is the foundation of the same statutes in all the public-land States and Territories.
Under its care and provisions the Central and Western States and Territories of the
Union, and the States in the territory south of the river Ohio, have grown from weak
and straggling settlements to mighty Commonwealths and organizations containing
more than 25,000,000 of people. The “ordinance” began with a wilderness. Its prin-
ciples, embraced in existing laws, now govern in area and population the domain of
an empire.
POLITICAL HISTORY AND ABSORPTION OF THE TERRITORY NORTHWEST OF THE RIVER
OHIO.
Arthur St. Clair was appointed governor by the Congress February 1, 1788, and Win-
throp Sargent secretary. August 7th, 1789, Congress, in view of the new method of
*Joseph S. Wilson, late Commissioner General Land Office.
160 TERRITORY NORTHWEST OF THE OBLIO.
appointment of officers as provided in the Constitution, passed an amendatory act to
the Ordinance of 1787 providing for the nomination of officers for the Territory by the
President, and their appointment by and with the advice and consent of the Senate.
August 8, 1789, President Washington sent to the Senate the names of Arthur St. Clair
for governor, Winthrop Sargent for secretary, and Samuel Holden Parsons, John Cleves
Symmes, and William Barton for judges. \
The first were re-appointments. They were all confirmed. President Washington,
in this message, designated the country as “The Western Territory.” The supreme
court was established at Cincinnati (now Ohio, named by St. Clair in honor of the So-
ciety of the Cincinnati, he having been president of the branch society in Pennsyl-
vania). St. Clair remained governor until November 22, 1802. Winthrop Sargent
afterwards, in 1798, went to Mississippi as governor of that Territory. William Henry
Harrison became secretary in 1797, representing it in Congress in 1799–1800, and he be-
came governor of the Territory of Indiana in 1800.
THE TERRITORY DIVIDED–WESTERN PORTION BECOMES INDIANA TERRITORY.
May 7, 1800, Congress, upon petition, divided this Territory into two separate gov-
ernments. Indiana Territory was created, with its capital at St. Vincennes and from
that portion of the Northwest Territory west of a line beginning opposite the mouth
of the Kentucky River in Kentucky, and running north to the Canada line.
EASTERN PORTION BECOMES THE STATE OF OHIO.
The eastern portion now became the “Territory Northwest of the river Ohio,” with
its capital at Chillicothe. This portion, Nov. 29, 1802, was admitted into the Union
as the State of Ohio.
TERRITORY OF MICHIGAN.
Indiana Territory, the remainder after Ohio was admitted into the Union, was
divided by act of Congress January 11, 1805, and the northern central portion formed into
the Territory of Michigan. The original boundaries of Michigan as by this act defined
were changed by acts of Congress of April 19, 1816, April 18, 1818, June 28, 1834, and April
20, 1836. The act of 1818 made the Mississippi River the western boundary of the Territory.
The act of 1834 added to Michigan the lands between the Missouri and White Earth
rivers on the West and the Mississippi River on the east. The southern line of Mich-
igan was the northern line of the States of Ohio, Indiana, Illinois, and Missouri; its
western line the Missouri and White Earth rivers to the British line; its eastern line
was Lakes Huron and Erie. -
Michigan was admitted into the Union, with reduced and fixed boundaries, January
26, 1837, after the Territory of Wisconsin had been formed from its western portion
April 20, 1836, and afterward, May 29, 1848, admitted into the Union.
INDIANA AGAIN DIVIDED–ILLINOIS CREATED.
February 3, 1809, Indiana was again divided, and the Territory of Illinois, with its
capital at Kaskaskia, was created from the part lying west of the Wabash River and
to the Canada line, the western boundary of Michigan. The enabling act of Congress
for Illinois, April 18, 1818, gave her present boundaries, reducing her great north and
northwestern area, now lying in the States of Wisconsin, Michigan, and Minnesota.
Illinois was admitted into the Union December 3, 1818.
The territory northwest of the river Ohio ceased to exist as a political division after
the admission of the State of Ohio into the Union November 29, 1802, although in acts
of Congress it was frequently referred to and its forms affixed by legislation to other
political divisions. .
TERRITORY SOUTH OF THE OBIo. - 161
THE BOUNDARLEs of THE TERRITORY OF THE UNITED STATES NORTHWEST OF THE
- RIVER OHIO. - -
It was bounded on the west by the Mississippi River and international boundary
line; on the south by the Ohio River; on the east, going north from the Ohio River,
by the western boundary of the States of Pennsylvania and New York; and on the
north by the line between the possessions of Great Britain and the United States, as
described in the definitive treaty of peace of September 3, 1783.
The Territory northwest of the river Ohio, thus formed, was made up of claims of
different States, which had been ceded as follows:
Virginia's uncontested claims, which was all the territory west of Pennsylvania, north
of the Ohio, to the forty-first parallel north latitude, and above that her claim of cap-
ture to the northern limits of the lands under the Crown which had been subject to
the jurisdiction of the Province of Quebec, and to the Lakes Michigan and Huron.
Connecticut claimed from the forty-first parallel northward to the south line of the
Massachusetts claim, 42° 02" north latitude; from east to west, from the west line of
Pennsylvania to the Mississippi River.
Massachusetts claimed the north line of the Connecticut claim, viz, 42° 02" north
latitude, north to 43° 43' 12" north latitude; and from east to west, from the western
boundary of New York to the Mississippi River. -
The belt or zone lying north of the Massachusetts claim and to the Canada line, and
lying east of the Mississippi River, was claimed to have been obtained by the treaty
of peace with Great Britain September 3, 1783, and the cession of the State of Virginia.
Massachusetts and New York claimed the “Erie purchase,” about three hundred and
sixteen square miles, now in Pennsylvania.
New York's claim was indefinite as to area, but was west of Pennsylvania and north
of the river Ohio, as set up under Indian title, and for the three hundred and sixteen
square miles in the “Erie purchase " now in Pennsylvania.
The territory northwest of the river Ohio confained an area of 265,878 square miles,
and from it were formed and now lie in its original territory—
Square miles.
The State of Ohio.--------------------------------------------------------. 39,964
The State of Indiana-...----------- . º sm am s ºs º º 'º º ºs ºne º º ºr º e º ºs º gº º ºs º ºs ºs º is sº ºn m & sº we s sº as as º ºr sº * * 33, 809
The State of Illinois ---------------------- * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 55, 414
The State of Michigan ----------------------------------------------------- 56, 451
The State of Wisconsin ---------------------------------------------------- 53,924
The State of Minnesota, east of the Mississippi River and international boun-
dary of 1776, estimated to contain ---------------------------------------- 26,000
The Erie purchase (in Pennsylvania) about -------------------------.
- - - sº sº gº º 316
Grand total, 170,161,867 acres.
TERRITORY OF THE UNITED STATES SOUTH OF THE RIVER OHIO, COM-
MONLY CALLED THE SOUTHWESTERN TERRITORY.
May 26, 1790, the Congress of the United States passed the following act providing
for a temporary government for the territory of the United States south of the Ohio
River: -
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled: That the territory of the United States south of the river Ohio,
for the purpose of temporary government, shall be one district, the inhabitants of which
shall enjoy all the privileges, benefits, and advantages set forth in the ordinance of
the late Congress for the government of the territory of the United States northwest
of the river Ohio; and the government of the said territory south of the Ohio shall be
similar to that which is now exercised in the territory northwest of the Ohio, except
So far as is otherwise provided in the conditions expressed in an act of Congress of the
present session entitled “An act to accept a cession of the claims of the State of North
Carolina to a certain district of western territory.”
*See the ten conditions in the act of cession by the State of North Carolina. See fourth condition:
“IProvided always, That no regulations made or to be made by Congress shall tend to emancipate
slaves.”
- 11 L O—WOL III
162 TERRITORY SOUTH OF THE OHIO.
SEC. 2. And be it further enacted, That the salaries of the officers which the President
of the United States shall nominate and, with the advice and consent of the Senate,
appoint by virtue of this act shall be the same as those by law established, of similar
offices in the government northwest of the river Ohio, and the powers, duties, and
emoluments of a superintendent of Indian affairs for the southwestern department
shall be united with those of the governor.
ITS BOUNDARIES.
The territory of the United States south of the river Ohio was nominally bounded
on the north by the river Ohio; on the south, including nominal possessions, by the
thirty-first parallel, north latitude; on the west by the Mississippi River, and on the
east by the western boundary line of the States of Virginia, North Carolina, South
Carolina, and Georgia. -
CESSIONS INCLUDED,
Virginia ceded the belt between her western boundary line and the Ohio River on
the north, and the Mississippi River on the west, with parallel 36° 33' north latitude,
for its southern boundary, now in the State of Kentucky, and nominally in the terri-
tory south of the river Ohio. -
North Carolina ceded the area from 36° 33' north latitude, going south to the par-
allel 35° north latitude, and from her western boundary line to the Mississippi River,
now in the State of Tennessee, actually in this territory.
South Carolina ceded the area from 35° north latitude going south embraced in a
belt or zone twelve to fourteen miles in width, extending from the western boundary
line of the State of South Carolina to the Mississippi River, now in the States of
Georgia, Alabama, and Mississippi, actually in this territory.
From the south line of the cession of South Carolina, being about latitude 34° 47'
north, going south to latitude 31° north, and reaching from the western boundary line
of the State of Georgia to the Mississippi River, ceded by the State of Georgia and
now in the States of Alabama and Mississippi, being the original line prior to the pur-
chase of the province of Louisiana, between the United States and the French posses-
sions west of the eighty-fifth meridian of west longitude, and embracing most of the
British province of West Florida, nominally in this territory.
STATES ERECTED THEREFROM.
South Carolina had already at the date of the passage of the act ceded her western
lands to the United States August 9, 1787, and North Carolina had made her cession
February 25, 1790, a total of about 50,500 square miles. The territory at this time em-
braced under this act was Kentucky (part of western lands of Virginia), nominally,
and the two above set out actually.
William Blount, of North Carolina, was appointed governor in 1790, and Daniel
Smith secretary, with headquarters at Knoxville, now in Tennessee.
Kentucky, nominally in this territory, was admitted into the Union June 1, 1792.
At Knoxville, Tenn., under proclamation of Governor Blount, a convention was held,
and a constitution framed in February, 1796, and Tennessee was admitted into the
Union June 1, 1796. This absorbed the North Carolina cession. There remained the
South Carolina lands, now in Mississippi, Alabama, and Georgia.
April 7, 1798, Congress created the Territory of Mississippi; the northern part of
the lands therein was part of the territory south of the river Ohio, from the South
Carolina cession, called after the admission of the State of Tennessee “the territory
of the United States south of the State of Tennessee.”
Mississippi, after division and creation of Alabama from it, was admitted into the
Union December 10, 1817. Mississippi and Alabama now contain the lands ceded by
Georgia to the United States. - -
TERRITORY souTH of THE OHIo. 163
March 3, 1817, Alabama Territory was erected from the eastern portion of the Ter-
ritory of Mississippi and admitted into the Union December 14, 1819. Alabama con-
tains a strip on her northern boundary of the lands of the territory south of the river
Ohio from the South Carolina cession.
TEIE REMAINDER OF THE TERRITORY.
The remainder of the territory of the United States south of the river Ohio was
given to the State of Georgia, by the terms of the cession of her western lands to the
United States on June 16, 1802, under her act of April 24, 1802. This land now forms
the extreme northern part of the State of Georgia.
And thus all of the territory of the United States south of the river Ohio was em-
braced within State lines, and the act became obsolete.
AIRIEA.
It contained an actual area of 50,500 square iniles; actual and nominal of 176,758
square miles, as follows : - -
Sq. iuiles.
Kentucky, nominal.----- * * * sº gº º e = * * * * • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ºr as as as me • * 37,680
Tennessee, actual.----------------. -------------- '• * * * * * * * * * * * * * * * * * * * * * * * * 45, 600
Alabama, Georgia, and Mississippi, actual --------------------------------- 4,900
Alabama, nominal.----------- * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * - • sº tº gº tº º º 46,722
Mississippi, nominal.----------------------------------------------- • - - - - - - 41,856
Total, actual 50,500, and nominal 126,258 ----------------...--------- 176,758
Total, actual 32,320,000 acres: nominal 80,805.120 acres.
CHA PTE R W I.
To JUNE 30, 1882.
[See pages 552–567.]
To JUNE 30, 1883, AND DECEMBER 1, 1883.
[See pages 1230–1238.]
ADMINISTRATION AND SURVEYS.
JUNE 30, 1880.
DEPARTMENT OF THE INTERIOR AND THE GENERAL LAND OFFICE.
The public lands being under the entire control and direction of Congress, that body
has from time to time enacted various laws creating agents to sell and otherwise dis-
pose of the public domain, and from 1776 it has made grants. From May 20, 1785, and
after, under order of Congress, the Board of Treasury (three commissioners), the then
Treasury Department, made sales of the public lands and gave certificates. April 21,
1792, Congress authorized the President to give patent to “the Ohio Company of As-
sociates” (Winthrop Sargent Cutler, Rufus Putnam, and others). May 5, 1792, the
President was authorized to give patent for lands to John Cleves Symmes and his asso-
ciates. The money in these cases was paid direct to the Secretary of the Treasury. By
act of May 18, 1796, for the sale of the lands in the Northwestern Territory, now in Ohio,
the Secretary of the Treasury received a set of plats of survey, kept check-books of
sales, gave notice of sales, and performed other executive duties. He became the
executive power or agent in the sale or disposition of the public domain, issuing
patents for grants of land, &c., with the aid of registers and receivers of district land
offices after 1810, and remained so until the organization of the General Land Office
in his Department. -
GENERAL LAND OFFICE CREATED.
April 25, 1812, Congress created the office of Commissioner of the General Land
Office, and made his bureau in and subordinate to the Treasury Department, issuing
patents, and performing duties formerly executed by the several departments. The
Secretary of the Treasury, by a series of acts of Congress following this, obtained
supervision of the acts of the Commissioner of the General Land Office, and appeals
from the action of the commissioner were made to him. July 4, 1836, the General
Land Office was reorganized by law.
DEPARTMENT OF THE INTERIOR CREATED.
March 3, 1849, Congress created the Home (now Interior) Department, and by sec-
tion 3 of that law provided that the Secretary of the Interior “shall perform all the
duties in relation to the General Land Office of Supervision and appeal now discharged
by the Secretary of the Treasury.” Thereafter the General Land Office became and
continues to be a bureau in the Interior Department. The Secretary of the Interior
is now charged with the supervision of the public business relating to the public
lands, including mines and pension and bounty lands. (See Chapter XI, section 441,
page 75, Revised Statutes United States.)
164 - *
#
ADMINISTRATION OF THE LAND SERVICE.
165
Secretaries of the Interior.

Whence Date of com- ‘. . *
Name. appointed. mission. Administration.
Thomas Ewing. -----------------------------. Ohio -------. Mar. 8, 1849 Taylor and Fillmore.
Thomas M. T. McKennan.................... Pa. --------- Aug. 15, 1850 | Fillmore.
Alexander H. H. Stuart......... ſº is sº * * * * * * * * * Va. --------. Sept. 12, 1850 | Fillmore.
Robert McClelland..........----------------. Mich ------. Mar. 7, 1853 Pierce.
Jacob Thompson.------------...-------------- Miss. --...--. Mar. 6, 1857 | Buchanan.
Caleb B. Smith............. > * * * * * * * * * * * * * * * * Ind--------. Mar. 5, 1861 | Lincoln. *
John P. Usher ------------------------------. Ind--------. Jan. 8, 1863 | Lincoln and Johnson.
James Harlan.------------------------------. Iowa ------ May 15, 1865 Johnson.
Orville H. Browning-------------------------. Ills --------. July 27, 1866 || Johnson.
Jacob D. Cox.-------------...----------------. Ohio. --...--. Mar. 5, 1869 || Grant.
Columbus Delano ---------------------------. Ohio -------. Nov. 1, 1870 Grant.
Zachariah Chandler -------------------------- Mich ------- Oct. 19, 1875 Grant.
Carl Schurz ---------------------------------- Mo --------. Mar. 12, 1877 | Hayes.
A88istant Secretaries of the Interior.
John P. Usher-------------------------------- Ind... --...-- Mar. 20, 1862 Smith. -
William T. Otto. ----------------------------. Ind... --.. --. Jan. 28, 1863 | Usher to Delano.
Benjamin R. Cowen.------------------------- Ohio. ------. April 17, 1871 || Delano and Chandler.
Charles T. Gorham.-------------------------. Mich ------- Mar. 10, 1876 | Chandler.
Alonzo Bell ---------------------------------- N. Y. ------. April 9, 1877 Schurz.
Assistant Attorneys-General for Interior Department.
Walter H. Smith -------------...-------------- Ohio...-----. Mar. 17, 1871 || Delano.
Augustine S. Gaylord -----------------------. Mich. ------. Nov. 4, 1875 Chandler.
Edgar M. Marble----------------------------. Mich ------. Mar. 30, 1877 Schutz.
Joseph K. McCammon ---------------------- 8 - - - - - - - - - May 4, 1880 Schurz.
Chief Clerks of Interior Department.
Daniel C. Goddard. -------------------------. Ohio. -----. Mar. 8, 1849 | Ewing to Stuart.
George C. Whiting--------------------------. Va.--------. July 1, 1852 Stuart and McClelland.
Moses Kelly---------------------------------- N. H...----. Oct. 24, 1856 | McClelland to Smith.
Watton J. Smith ----------------------------. Ind ---. . -- Oct. 16, 1861 Smith and Usher.
Hallett Kilbourn. ---------------------------. Ind-------. May 3, 1863 Usher.
William P. Clarke---------------------...----. Iowa ------. May 1, 1866 | Harlan.
John C. Cox. --------------- - - - - - - - - - - - - - - - - - - Ills ------ - - Sept. 10, 1866 Browning.
Ashton S. H. White.-----------------------...] N. H. ------. Mar. 11, 1869 || Cox.
George T. Metcalfe. ----------------...------. Ohio. ------- May 10, 1869 Cox.
John S. Delano.-----------------------------. Ohio. --...-- Dec. 1, 1870 Delano.
William C. Morrill ----...---------------..... Me . - ... Dec. 1, 1873 || Delano.
Stanley Plummer ---------------------------. Me --...--. April 1, 1874 Delano.
Alonzo Bell ---------------------------------. N. Y. -...-- Nov. 9, 1875 Chandler and Schurz.
George M. Lockwood...------------------...--. N. Y. ------. April 10, 1877 Schurz.

COMMISSIONER OF GENERAL LAND OFFICE.
Chapter III, section 453, page 77, Revised Statutes United States, provides that—
The Commissioner of the General Land Office shall perform, under the direction of
the Secretary of the Interior, all executive duties appertaining to the surveying and
sale of the public lands of the United States, or in anywise respecting such public
lands, and, also, such as relate to private claims of land, and the issuing of patents
for all [agents] [grants] of land under the authority of the Government.
166
ADMINISTRATION OF THE LAND SERVICE.
Commissioners. º Where born. Whence appointed.
Edward Tiffin . .--------------------------. 1812–1814 England . . . . . ... ------ Ohio.
Josiah Meigs.---------------------------- 1814–1822 - - - - - - - - - - - - - - - - - - Georgia.
John McLean ----------------------------. 1832–1823 | New Jersey. ...----..... Ohio.
§egrge Graham, --------------------------. 1523-1830 |. ----------------------- District of Columbia.
Elijah Hayward ------------------------- 1830-1835 | . . . . . . . . . . . . . . . ----. Ohio. -
Pthan A.Brown ------------------------- 1835–1836 | Connecticut - - - - - - - - - - Ohio.
James Whitcomb. --------------...----- - - - | 1836–1841 | Vermont. . . . . . . . . . . . . . Indiana.
Elisha M. Huntingdon . --------------...--. 1841–1842 | New York . . . . . . . . . . . .
Thomas II. Blake.-----------...------..... 1842–1845 Maryland. . . . . . . . . . . . . Indiana.
James Shields. --------------------------. 1845—1847 Ireland . . . . . . . . . . . . . . . Illinois.
Richard M. Young ----------------........ 1847–1849 || TKentucky . . . . . . . . . . . . Illinois.
Justin Butterfield ...---------............. 1849–1852 New Hampshire - - - - - - Illinois.
John Wilson --------...--------.......... 1852–1855 | District of Columbia. - | District of Columbia.
Thomas A. Eſendricks. -----------...--...--. 1855–1859 || Ohio . . . . . . . . . . . . . . . . . . Indiana.
• Samuel A. Smith ---...----------...--...--. 1859–1860 | . . . . . . . . . . . . . . . . . . . . Tennessee.
Joseph S. Wilson --...--...----------------. 1860–1861 | District of Columbia...] District of Columbia.
James M. Edmunds ... --...--...-----...- . . . . | 1861–1866 | New York . . . . . . . . . . . . Michigan.
Joseph S. Wilson --------................. 1866–1871 | IDistrict of Columbia. | District of Columbia.
Willis Drummond........ --...--------..... 1871–1874 Missouri. - ... --........ Iowa.
Samuel S. Burdett. --------...--...--------. 1874-1876 | England - - - - - - - - -..... Missouri.
James A. Williamson ........ --...----...--. 1876 Kentucky. ------------ Iowa.
DUTIES OF COMMISSIONER OF GENERAL LAND OFFICE.
The Commissioner of the General Land Office is appointed by the President and
confirmed by the Senate; receives an annual salary of $4,000, and holds office indefi-
Initely. He performs, under the direction of the Secretary of the Interior, all execu-
tive duties appertaining to the surveying and sales of the public lands of the United
States, or in any wise respecting such public lands, and also such as relate to private
claims of land and the issuing of patents for all lands under the authority of the Gov-
ernment. His duties are fully set out in Chapter III, Revised Statutes of the United
States, pp. 76–78, sections 446 to 461; also, therein, the organization of the General
Land Office. (See Report Public Land Commission, February 1, 1880, for details as to
duties and importance of this bureau.) -
IMPORTANCE OF THE GENERAL LAND OFFICE.
The General Land Office holds the records of title to the vast area known as the
public domain, on which are bundreds of thousands of homes. Its records constitute
the “Doomsday Book” of the public domain of the United States.
All the business pertaining to the survey, disposition, and patenting of the public
lands of the United States is transacted through it, or under its order and supervision.
No more responsible bureau of the Government exists. t .
Important questions of law often arise in the various divisions of this Office as to
rules of evidence, as to boundaries, riparian rights, entries, locations, cultivation im-

provements, settlement, domicile, expatriation, jurisdiction of executive officers, such
as the power of the Commissioner of Pensions to cancel land warrants under various
circumstances after they have issued or after they have been located; as to the author-
ity of this Office to set aside or cancel patents after execution, and before delivery and
after delivery; as to rights of way and water rights; as to when patents take effect; as to
when patents are valid, void, or merely voidable; as to when legal title passes without
patent; in construing foreign treaties and Indian treaties; as to forfeitures, abandon-
ments, assignments; as to rights of parties holding scrip of various kinds; as to the
rights of owners of lost instruments; as to advancements for surveys, deposits and
©XCeSS,
The laws and decisions of various States and Territories have to be examined to de-
termine who are the lawful wives, widows, heirs, devisees, executors, administrators,
or guardians; to determine the jurisdiction of local courts and the validity of pro-
ceedings therein, and the legality of judicial sales. 's
Since the organization of the Government about three thousand acts have been
ADMINISTRATION OF THE LAND SERVICE, 167
passed by Congress concerning the public lands. Many of these acts are composed of
numerous sections, and many of these sections present a number of difficult questions
of construction.TThese provisions are generally construed in the first instance by this
office ; it is often many years before a judicial interpretation is obtained, if ever. The
Supreme Court of the United States has on more than one occasion declared that the
construction and practice of this Department is entitled to great Tespect, and such
construction is usually followed by the State courts. It is true that many of these
enactments have been repealed ; but under imperfect administration in former years,
titles acquired or supposed to be acquired under such repealed provisions are found to
be imperfect, and necessitate an examination and consideration of the early acts of
Congress and of the rights of parties thereunder. In determining and in deciding
these cases careful opinions must be written deciding the questions of fact and of law,
giving reasons for conclusions and citing authorities. -
Rules of practice in cases before the district land offices, the General Land Office,
and the Department of the Interior are provided. (See circular approved October 9,
1878, and revised rules.

PRESENT ORGANIZATION OF THE GENERAL LAND - OFFICE.
[See page 1230.]
Commissioner, James A. Williamson, of Iowa.
Chief Clerk, Curtis W. Holcomb, of Connecticut.
This bureau is charged with the survey and disposal of the public lands of the
United States. There are at the present time, subordinate to the General Land Office,
sixteen surveying districts, each in charge of a surveyor-general, with a competent
corps of assistants and deputies, through whom the current and annual surveys are
made and reported to this bureau. For the duties of surveyors-general, see Revised
Statutes United States, section 2207 to section 2233, pp. 388–391. -
There are also ninety-six land districts, each with an office conveniently located for the
sale or other disposal of the public lands. These offices are in charge of registers, to
whom application is made for lands, and receivers of public moneys, who, as the name
indicates, receive all moneys in payment for the same, and are situated in the different
public-land States and Territories. For the duties of registers and receivers, see Re-
vised Statutes United States, sections 2234 to 2247, pp. 392–394.
The transactions of these subordinate offices are at regular intervals of time reported
to the General Land Office, and the duty of classifying, examining, and definitely
disposing of the work done in these offices, together with supervising and directing
the same, forms the principal part of the work of the General Land Office, giving em-
ployment to an average of two hundred clerks.
In the execution of this work the necessities of the case have led to the system of
subdividing the office into divisions, each in charge of a principal clerk, and to each
of which respective work is referred when received from the district offices. These
divisions are at present designated by letters from A to N, and in all correspondence
Sent from the bureau the initial letter of the division from which it emanates is marked,
in order that the same may be the more readily referred to in after days.
Division A.
The chief clerk has charge of this division. Its work consists in receiving, briefing,
and properly referring all communications received; in keeping the record of all ap-
pointments, resignations, or dismissals in the clerical force of the bureau ; in super-
vising the opening or closing of district land offices; investigating charges against
land officers; the matter of official bonds; the drawing of requisitions for printing;
the expenditure of the contingent expense fund ; and the assignment and general regu-
lation of the clerical force of the bureau. In this division, also, all fees for exempli-
fications of records are received by a clerk designated for that purpose.
The chief clerk is, by law, made the Acting Commissioner during the absence of
the Commissioner. (See section 447, Revised Statutes United States.)
168 ADMINISTRATION OF THE LAND SERVICE.
Division B.
This division is in charge of the recorder of the General Land Office. (See section
447, Revised Statutes United States.)
In this division patents are prepared for all tracts sold or located with warrants or
scrip at the district land offices, after such transfers have been properly examined in
other divisions of the bureau. -
A correct record is here kept of all patents issued, and letters transmitting patents
are prepared.
The original papers forming the basis of patent are here filed, and all patents unde-
livered or uncalled for are retained in this branch of the office. *
To this division are finally referred, for examination and proper action, the papers
in locations made in satisfaction of military bounty-land warrants issued by authority
of various acts of Congress. The same reference is made of locations by agricultural
college scrip, and the special scrip issued to Porterfield. In this division land war-
rants and scrip, submitted for official approval, are examined as to genuineness and
regularity of assignment.
All revolutionary bounty-land scrip is here prepared, as also are patents for lands
in the Virginia military district, Ohio.
The recorder is appointed by the President, and, by law, is required to countersign
all patents after they have received the signature of the President.
The number of patent records in Division B is as follows:
Wols.
Military ------------------------------------------------------------------. 1,207
Cash------------------------------------- ... & = - tº º ºs ºs º ºs º ºs º ºs º sº tº º - - - - * * * * * * * * * * * * * 3,652
Home------------------------------------------------------------------ ... . . .353
Miscellaneous-------------------------------------------------------------- - 375
Total (of 500 pages each)-------------------------------------------- ... 5, 587
Miscellaneous, letter, and other records ---------------------------. ---------- 1,793
Total books of record-------------------------------------------------- 7,380
Patents issued for agricultural entries.
Patents issued. P# * | 1878. 1879. 1880. | Total.
For cash sales.---------------------------------------- 2,021,356 2,998 || 4,209 || 6,498 || 2,035,061
For homestead entries.-----. .------------------------. 103,149 || 13,418 12, 702 || 15,781 145, 050
For agricultural-college scrip ---------- - - - - - - - tº º ºs º ºs & E → 50, 479 123 91 74 50,767
For Sioux half-breed scrip... -------------------------- 3,517 12 3 11 3, 543
For Chippewa half-breed scrip - - - - - - - - - - - - - - -...-...--. 1, 209 |. --...--. 34 - - - - - - - 1, 243
3. #º. #: warrants, act Étº ºr e º 'º - tº e º 'º ºr e = tº s sº sº s º - S8, 243
n military land warrants, act 1850...----...----------. 189, 120 l tº rº * . . . . . . Tºte
Qn military land warrants, act 1852.........----------- ii.933 419 855 | 1,037 552, 932
On military land warrants, act 1855.------------------. 26, 276 | .**
Under military acts 1790, 1791, 1801, and 1812...-------- 50,000 ---. ---. I.--...--. 4 50,004
• On surveyor-general's cértificates, &c. --.....----- .e. s = * * 2,732 --------|---...-- I.------. 2,732
On Choctaw Scrip, &c.--------------,----------------- 2,722 |-------. 1 I-------. 2, 723
For town sites.----------------------------------------|------------|--------|-------.- . 15 15
Total.------------------------------------------ 2,785,785 | 16,970 17,895 || 23,420 2,844,070
Livision C.
In charge of the principal clerk of public lands. (See section 448, Revised Statutes
United States.) In this division are kept the numerous “tract-books,” which show, in
well-arranged order, the status of every surveyed tract of land which is or has been in-
cluded in the public domain.
All sales or ‘other disposals of land made and reported in the district offices are
noted in the proper places in these books. They also show reservations for Indian,
military, or other purposes, private grants and special appropriations of land.
ADMINISTRATION OF THE LAND SERVICE. 169
This division has charge of the examination and final action on all entries under the
homestead and timber-culture laws, of ordinary private purchase by cash or by sale at
public offerings, all selections under internal-improvement grants or under the various
grants for educational purposes and locations with land scrip.
Division D.
In charge of the principal clerk of private land claims (see section 448, Revised
Statutes United States), who is by law also required to perform, ad interim, the duties
of the recorder in the event of the absence of that officer. On this division devolves
the examination of, and final action on, all claims based upon British, French, Spanish,
or Mexican titles recognized and protected by acts of Congress or treaty stipulations,
and which in the main lie within the territory acquired from foreign powers.
In this division, also, all locations authorized by Congress of lands in lieu of lands
injured by earthquakes in the county of New Madrid, Missouri, and all classes of pri-
vate claims, are passed upon.
Also the adjustment of donation and mission claims in the State of Oregon and Ter-
ritory of Washington, and donation claims in the Territory of New Mexico. Likewise
the examination and final action of allotments under treaty provisions to Indians, and
the preparation and examination of scrip issued in accordance with law in lieu of
certain unsatisfied private claims.
Division E.
In charge of the principal clerk of surveys. This division is charged with the su-
pervision of all work relating to the public surveys. Instructions to the surveyors-
general relative to the extension of surveys or the examination and correction of erro-
neous surveys are here prepared. All contracts for surveys by deputy surveyors are
here examined and passed upon, and the adjustment of accounts for surveying service
made and submitted to the Treasury Department for payment. All returns of surveys
are referred to this division for examination as to correctness, and after approval are
filed in the division. All records and correspondence relating to Indian, military,
light-house, live-oak, or other reservations are in charge of this division.
To this division are also referred matters pertaining to the establishment of bound-
ary lines, by astronomical surveys, between States and Territories of the United States.
The plats and field-notes of all surveys are retained on the files of this division, in
charge of a principal draughtsman, who supervises all work of draughting or copying
plats of surveys, and who compiles and prepares the official map of the United States.
There are in this division more than 50,000 plats or maps of township and other
surveys.
- Division F.
This division is charged with the adjustment of grants, by congressional legislation,
of lands for railroad purposes, military wagon-roads, and of laws relating to the right
of way through the public lands. Here also cases of conflict of title between persons.
claiming under other laws and the beneficiaries of the grants named are examined and
passed upon.
Division G.
This division has charge of entries made under the pre-emption laws.
In addition to this, all applications for entry under the town-site laws are here ex-
amined, and sales of Osage, Indian, trust, and diminished-reserved lands are referred
to this division for proper action. -
Division R.
This division has charge of the adjustment of the grants made to the States of
swamp and overflowed lands, and the questions and correspondence arising there-
under. It has, also, in connection with Division M, the adjustment of claims for indem-
nity for swamp lands disposed of by the United States to individuals after the passage
of said swamp grant. --
170 ADMINISTRATION OF THE LAND SERVICE.
O Division M.
To this division are first referred all returns made by registers and receivers of the
business of the district land offices. The various dispositions of lands are here classi-
fied, and the accounts of the registers and receivers are here kept.
A strict account is also kept of the five per cent. fund due the States from the sale of
públic lands within their respective limits; an account of the receipts and expendi-
tures of moneys collected from depredators of timber lands, and the accounts of sale
of Osage and other Indian lands. All applications for repayment of moneys received
for lands to which title cannot be given are here examined.
In this division is kept a classified statement of all disposals of public lands.
Division N.
The work of this division relates to mineral lands, and has in charge the examina-
tion and final disposition of applications for patents for that class of lands, and the
adjudication of contests growing out of such applications.
Here, also, the mineral or non-mineral classification of given lands is passed upon.
All patents for mineral and coal lands are here prepared, and the plats of survey of
all mines for which patents are sought are here filed.
Salaries of officers and employés of General Land Office.
1 Commissioner, at $4,000 ------------------------------------------------ $4,000
1 chief clerk, at $2,000.-------------------------------------------------- 2,000
1 recorder, at $2,000.---- ---------. ---------- • * * * * * * * * * * * * * * * * * * * * * * * * * * 2,000
1 law clerk, at $2,000 ---------------------------------------------------- 2,000
1 principal clerk public lands, at $1,800---------------------------------- 1,800
1 principal clerk private land claims, at $1,800 - - - - -----------. ---...--.... 1,800
1 principal clerk surveys, at $1,800--------------------------------------. 1,800.
6 clerks class four, at $1,800 each -------------------. -------------------- 10,800
1 draughtsman, at $1,600.----------------------------------------------- 1,600
22 clerks class three, at $1,600 each.----...---------...----------------------- 35, 200
1 assistant draughtsman, at $1,400.--------------------------------------- 1,400
40 clerks class two, at $1,400 each ----------...------------------------------ 56,000
80 clerks class one, at $1,200 each -----------------------...---------...----- 96,000
30 clerks, at $1,000 each.... ---- * * * * * sº * * * - - - * * * * * - * * * * * * * * * * * * * * * * * * * * * * * - º 30,000
9 copyists, at $900 each.------. ---. ------------------------------------- 8, 100
9 assistant messengers, at $720 each. -------------------------...----...----- 6,480
6 packers, at $720 each.------------------------------------------------- 4,320
12 laborers, at $660 each.----------------------------------------------- . 7,920
223 273,220
- OFFICES IN THE LAND SERVICE SUBORDINATE TO THE GENERAL LAND OFFICE.
Geographer.
The first officer in charge of the surveys of the public lands was called the geographer
of the United States. He was appointed under the ordinance of May 20, 1785. Thomas
Hutchins was the first and only incumbent of the office.
- Surveyor-General of the Northwest Territory.
Under the act of May 18, 1796, creating the office, Rufus Putnam, in 1797, was ap-
pointed surveyor-general of the Northwest Territory (including Michigan Territory).
He remained until 1803. - -
Captain Jared Mansfield, U. S. A., succeeded as surveyor-general from 1803 to 1813.
Under Captain Mansfield, aided by the advice of Mr. Jefferson, many and important
changes and improvements were made in the surveying system.*
* The following letter, in answer to one of inquiry as to Captain Jared Mansfield, father of Hon. E. D.
Mansfield, the writer of the letter below, was received by the editor of this volume September 25, 1880.
Mr. Mansfield died in October, 1880, and the data mentioned were not received:
- MoRRow, WARREN County, OHIO,
September 24, 1880.
DEAR SIR: I received a copy of your Report on the Public Lands yesterday, for which I am obliged.
I will write you in a few days what I know of my father's surveys (astronomical), and give on a brief
account of his first observatory. In Niles's Register you will see full accounts by the Commissioner of
the Land Office of my father's system of survey.
I have the bill of astronomical instruments bought in London for the Government, and Mr. Jeffer.
son's letter on the subject.
ar Yours truly, EDW. D. MANSFIDELD.
ADMINISTRATION OF THE LAND SERVICE. 171
Josiah Meigs held the office of surveyor-general of this territory from 1813 to 1815.
He gave way to Edward Tiffin from 1815 to 1825.
These surveyors-general employed a sufficient number of skillful deputy surveyors;
who employed a force of men as chain men, &c. They were paid by the mile for each
mile of line run, the first rate being $3 per mile.
Sections of the country were laid out, over which from time to time Congress or the
Treasury Department appointed surveyors-general, who employed deputies, special
statutes in most cases regulating this.
SURVEYORS PRIOR TO 1825.
Aaron Greeley, surveyor of Michigan Territory, 1812.
William Rector, surveyor of Illinois, Missouri, and Arkansas, 1814 to 1824.
William Clark, surveyor of Illinois, Missouri, and Arkansas, 1824 to 1825.
William McRee, surveyor of Illinois, Missouri, and Arkansas, 1825.
Isaac Briggs, surveyor south of Tennessee, 1803 to 1807.
Seth Pease, surveyor south of Tennessee, 1807 to 1820.
Thomas Freeman, surveyor south of Tennessee, 1820 to 1822
John Coffee, surveyor of Alabama, 1817 to 1825.
Robert Butler, surveyor of Florida, 1824 to 1825.
Silas Bent, surveyor of Louisiana, 1807 to 1813.
Surveyors-general within States or Territories.
May 7, 1822, the first surveying district was created, viz, the State of Ohio, with an
officer called a surveyor-general in charge.
A surveying district may be a State, a Territory, or two or more of any of them
joined together for such purpose by law and in charge of a surveyor-general, with
assistants. The surveys are made under the contract system, the surveyor-general
selecting the deputy, Congress fixing the compensation. These surveying districts
are closed by act of Congress when all the public lands are surveyed, and certain
archives therein transferred to the State in which the lands lie.
IRegisters and Receivers.
[See page 556.]
The offices of register and receiver were created by the act of May 10, 1800. Dis-
tricts for the sale of lands were made at the same time and by the same act, and this
method has since continued. -
A land district for disposing of lands, with a register and receiver, may cover a State
or there may be ten in a State. Land districts are in no wise connected in boundary
with surveying districts. They are made by law of Congress, or by the President in
mineral districts, and are abolished, consolidated one with another, reduced in area, or
closed by Congress or the President. They are simply points for sale and disposition
of land, more for the convenience of the people than of the Government. The land
being surveyed is duly returned and notice of filing of plats given, and the land laws
applicable to the district are put in force by the registers and receivers of the several
district land offices, in permitting the settlers and locators to proceed under the law.
When closed, their archives are sent to the General Land Office, which during their
existence has complete and entire control over them by a system of checks and nota-
tions on a set of duplicate plats, notes, and supervises each and all changes made on
the plats of the district offices, which are duly reported by them at the end of each
month to the General Land Office at Washington. - -
Through the agency of these district offices the United States proceeds to dispose of
the public lands in the methods contemplated in the laws providing for sales at ordi-
nary private entry, for pre-emptions, for entries for homestead, timber culture, town
site, and mining purposes, and in the laws making grants for specific objects, and
exceptional provisions with regard to abandoned military and other reservations.
172
ADMINISTRATION OF THE LAND SERVICE.
List of offices of surveyor-general from May 10, 1800, to June 30, 1880.
Removed or discontinued.
Surveying district. Location of office. When established.
Ohio ----------------------. Cincinnati ------------ Act May 7, 1822. --
Indiana and Michigan-----. Detroit --------------. June, 1845 - - - - - - -.
South of Tennessee :
Tennessee..... ſº s º a s is tº gº ºn s ∈ tº º Washington ---------- May 7, 1822 - - - - - -.
issippi. ---------------. Jackson -------------- Aug. 1, 1833 - - - - - - -
Illinois and Missouri ------. Saint Louis. ---...----- Feb. 6, 1829 - - - - - - -
orida--------------------- Tallahassee. --------- June 31, 1828 - - - - -
Saint Augustine ------ Mar. 9, 1844 - - - - - -.
Tallahassee. ----. ---. * * * * * * * * * * * * * * * * * * * *
Louisiana ----. * * * * * * * * * * * * * Donaldsonville ------- Act. March 3, 1831 -
Baton Rouge---------. Dec. 9, 1843. . -- - - - -
New Orleans----------|---------- * * * * * *-* * ºr º º
*Ina - - - - - - - - - - - - - - - - - - - Florence.-----. -- - - - - - Aug. 25, 1831 - - - - - -
Ohickasaw lands: -
Mississippi----------------. Pontotoc --------...--. May 7, 1833 - - - - - -
kansas -----------------. Little Rock ----------. June 30, 1832. - - - - -
Wisconsin and Iowa -...--. Dubuque ------------. June 12, 1838 - - - . . .
Oregon --------------------- Oregon City....... . . . . Nov. 22, 1850 - - - - - -
Salem.------ - - - -, ---. * * * * * * * * * * * * * * * * * * * *
Eugene City ----------|--------------------
Portland.-------------|--------------- * * * * *
California -----------------. San Francisco ... . . . . . Act. March 3, 1851.
New Mexico.---------------- Santa Fé.------------- Aug. 1, 1854. . . . . . .
Washington Territory...... Olympia ------ * * * * * * * * Aug. 1, 1854 . . . . . . .
Kansas and Nebraska.----, Fort Leavenworth. -- || Aug. 1, 1854. . . . . . .
Wyandotte City ------|-------------------.
LeCompton . ----------|-------------------.
Nebraska City......... º ºgº as ºn tº sº ºr e = * = & & sº as a s = s.
Leavenworth City ---, -----------...--...--.
s º gº tº gº º ºs ºs º gº tº E tº e sº s ∈ º ºs º º ºs e Salt Lake City........] March 7, 1855 . . . . .
Nevada.-------------------- Carson City. . . . . . . . . . March 28, 1861 - - -.
Virginia City........ Dec. 11, 1866. . . . . . .
Dakota. --------, ----------- Yankton.-----------.. March 28, 1861 - - -
Colorado ------------------- Denver. ---------...--. April 5, 1861. --...--
Arizona -------------------- Tucson . .----. -------. May 6, 1863. .... --.
Idaho ---------------------. Boisé City . . . . . . . . . . . . Aug. 13, 1866 - - - - -
Nebraska and Iowa. ---..... Plattsmouth - - - - - - - - -. April 1, 1867..... --.
Montana ------------------. Helena. --------------. April 18, 1867. - - - - -
Minnesota.----------------. Saint Paul . . . . . . . . . . . . March 15, 1866. . . . .
Wyoming -----------------. Cheyenne .----------. March 2, 1870 . . --.
To Detroit, Mich.
Abolished.
To Jackson, Miss.
Discontinued.
Abolished.
To Saint Augustine.
To Tallahassee.
To Baton Rouge.
To New Orleans.
Discontinued Aug 28, 1848.
Abolished.
Discontinued, 1859.
Abolished.
To Salem.
To Eugene City.
To Portland.
To Wyandotte City.
To Lecompton.
To Nebraska City.
To Leavenwortd. City.
To Virginiacity.
List of surveying districts where surveys are now in progress, names of surveyors-general,
with their compensation and location of offices, to June 30, 1880.

[See page 554.]
s ºn 3) ºr T- : c’, ‘P sº
###3 | #####
3 * : 3; 5 ~ gº ºrg.
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5 § 3; É 3 g3??
Districts. Surveyors-general. Location of offices. § : # # #3 #~
##23 㺠ºpää;
## #####
gäää; ####5 5.
C C
Per annum. Per annºtºn.
Arizona---------------- John Wasson......... Tucson, Ariz. -- - - - - - - - - ,000 $2,500
California ------------- Theo. Wagner - - - - - - - - San Francisco, Cal.---- 3,000 2, 750
Colorado. -------------. Albert Johnson....... Denver, Colo . ---------. 3,000 2,500
Dakota ---------------. Henry Espersen . ----. Yankton, Dak -----...-- 2,000 2,000
Florida ---------------- Le Roy D. Ball - - - - - -. Tallahassee, Fla.... ---. 2,000 1, 800
Idaho.---- tº º is dº ſº tº as a s = as sº ºr Wm. P. Chandler. ---. Boise City, Idaho. -- - - - 3,000 2,500
Louisiana-------------. O. H. Brewster - - - - - - - - New Orleans, La. -- - - - - 2,000 1,800
Minnesota. -----------. J. H. Stewart . . . . . . . . . Saint Paul, Minn ... ---. . 2,000 2,000
Montana-----...-------- Roswell B. Mason . . . .] Helena, Mont. -----. . . . 3,000 2, 500
Nebraska.--------...-. George S. Smith ...---- Plattsmouth, Neb ... -- 3,000 2,500
Nevada.---- * * * * * * * * * * * E. S. Davis ...--------. Virginia City, Nev.---- 2,000 2,000
New Mexico. -----...--. H. M. Atkinson....... | Santa Fé, N. Mex. ...-- 3,000 2,500
Il ---------------. James C. Tolman ..... Portland, Oreg. ---...-- 2,500 2,500
Utah ----------- & e º ºs ºs º gº F. Salomon ...--------. Salt Lake City, Utah ... 3,000 2,500
Washington ----- tº tº e º 'º º Wm. McMicken ...----. Olympia, Wash. ....... 2,500 2,500
Wyoming--------------| E. C. David. ---------. Cheyenne, Wyo........ 3,000 2,500
ADMINISTRATION OF THE LAND SERVICE.
173
List of local land offices (258 in number) under the laws of the United States, from May 10,
1800, to June 30, 1880, by States and Territories, with date of establishment and discon-
tinuance.
[See page 554.]
State. Location. When established. Removed or discontinued.
Alabama....--. Cahaba, originally located at Act Mar. 3, 1815... To Greenville.
Mºville Ga.
Greenville. ------------------. June 16, 1856.----. May 11, 1866.
Huntsville, originally estab- || Act Mar. 3, 1807-.
lished at Nashville, Tenn.,
and afterward located at
Twickenham. f
; Stephens...------------- . . Act Mar. 3, 1803...] To Mobile, 1867.
ODI16 - - - - - - - - - - - - - - - - - - - - - - - -
Demopolis -------------------. Act Mar. 2, 1833-...| March 30, 1866.
Tuscaloosa.------------------ Act May 11, 1820...] To Montgomery, 1866.
Conecuh Court-House., Sparta. | Act May 11, 1820.- To Elba.
Elba-------------------------- Apr. 1, 1854...----- April 11, 1867.
Montevallo, Mardisville....... Act July 10, 1832..] To Lebanon.
Lebanon.--------------------. Apr. 12, 1842 - - - - -. To Montgomery.
Montgomery.----------------- Act July 10, 1832. -
Arkansas -...-. Batesville...... tº e s is a s = e s = º sº sº as ºn Act Feb. 17, 1838...] To Little Rock, 1865.
Little Rock. -----------------. Act Feb. 17, 1838.
Fayetteville...----------------- Act June 25, 1832..] To Huntsville.
Huntsville.------------------. Nov. 5, 1860 - - - - - - Closed, 1865.
Dardanelle...--...------------- May 31, 1871. -----.
Washington ------------------ Act June 25, 1832-. To Camden.
Camden.--------------------. Mar. 20, 1871....... -
Iſelena. ---------------------. Act June 26, 1834..] To Little Rock, January 2, 1860.
Johnson Court-House...--...--. Act July 7, 1838...] To Clarksville. -
Clarksville.------------------- Dec. 1, 1847... ----. Closed February 9, 1871.
Champagnole----------------. Act Feb. 20, 1845. - Closed 1865. To Washington.
Harrison...... it tº º º tº E tº ſº tº me nº gº is sº º is Aug. 11, 1871. -----
Arizona. ----- . . Prescott ---------------------. Nov. 3, 1868 - - - - - - -
Florence.--------------------. May 8, 1875 ------- -
California ----. Benicia ----------------------- Mar. 3, 1853. ... -----| Consolidated with San Francisco.
Los Angeles.----------------- Mar. 3, 1853. ...... -
Marysville...----------------- Mar. 3, 1853-...----.
Humboldt.-----...-----., * * * * = = • Act, Mar. 29, 1858..
Stockton.--------- - - - - - - - - - - - - Act Mar. 29, 1858.
Visalia. . .--------------------- Act, Mar. 29, 1858.
Sacramento------------------- Nov. 4, 1867... -- - - -
San Francisco...--------------. Jan. 16, 1857 -------
Shasta.----------------------- Apr. 17, 1871...----.
Susanville -------------------. June 15, 1871 ......
Independence.---------------- May 31, 1873....... To Bodie.
Bodie. ------------------------ July 10, 1878. -----. i
Colorado. ... --. Golden City...----------------- Act June 2, 1862...] To Denver.
Denver ----------------------- Sept. 12, 1864......
Fair Play--------------------- Oct. 29, 1867.......] To Leadville.
Leadville. -------------------- July 11, 1879.......
Central City.----------------- Dec. 27, 1867.......
Pueblo.----------------------- Act May 27, 1870 -.
Del Norte. -------------------. Act June 20, 1874.
Lake City.------------------- May 5, 1877...--...} .
Dakota ...--...--. Vermillion ------------------- Act Mar. 2, 1861...] To Sioux Falls.
Sioux Falls------------------- June 9, 1873....... To Mitchell.
Mitchell.--------------------. Oct. 4, 1880. .......
Springfield ------------------. Oct. 21, 1870...----. To Watertown.
R}. tº tº tº gº º ºs ºn tº s ∈ is º gº º se tº sº sº º May 1, 1880. -----.
Fargo------------------------ Act May 5, 1870...
Yankton.--------------------- June, 1872.........
Bismarck -------------------- Act Apr. 24, 1874. . -
Sheridan---------------------- May 22, 1877. ------ To Deadwood.
Leadwood -------------------. July 2, 1877 ......
Grand Forks.--...-----------. Act Jan. 21, 1880. ..] .
Florida. ........ Newnansville ---------------. Act Aug. 30, 1842..] To Gainesville, 1867.
Tallahasse ------------------- Act Mar. 3, 1823...] To Gainesville.
e Saint Augustine.-------------- Act Mar. 3, 1823...] To Gainesville, 1867.
Gainesville.--. -----...-...--. July 11, 1873 -...
Tampa ------ * * * * = e º e º º tº ºn as a me ºn as Act Aug. 5, 1854...|| October 20, 1858.
Jacksonville ------------------ May 14, 1877 -----. To Gainesville.
Indiana ... .... Jeffersonville ------...--...----- Act Mar. 3, 1807...| April 9, 1855.
Vincennes -------------------- Act Mar. 26, 1804..] Discontinued under act of June
12, 1840; reopened by order of
April 20, 1853; finally closed
- December 20, 1861.
Indianapolis ------------------ Act Mar. 3, 1819. -- March 3, 1877.
Crawfordsville ---...--...-----. Act Mar. 3, 1819... July 1, 1853,
Fort Wayne ------------------ Act. May 8, 1822...| June 1, 1852.
La Porte to Winºmac........ Act Mar. 2, 1833. ...| April 3, 1855.
Idaho ..... ---. Boisé City.------------------- Nov. 6, 1866 ...----.
Lewiston--------- As m = * * * * * * * * * Sept. 23, 1867. . ...
Oxford----------------------. Act IFeb. 4, 1879...
174
ADMINISTRATION OF THE LAND SERVICE.
List of local land offices from 1800 to 1880–Continued.
State. Location. When established. Removed or discontinued.
Iowa ----- -----| Dubuque - .---- tº a sm º º sº m = m º º ºs º º ºs Act June 12, 1838. To Marion.
Marion ----------------------- Feb. 20, 1843. -----. Closed June 21, 1859.
Burlington ------------------- Act June 12, 1838. -| To Falrfield.
Fairfield --------------------- Aug. 1, 1842.----- November 12, 1855.
Iowa City--------------------- Act Aug. 8, 1846. . . . July 8, 1856.
Chariton --------------------- Act Aug 2, 1852. - September 14, 1859.
Fort Des Moines.--------...-- || Act Aug. 2, 1852. . -
Kanesville ------------------- Act Aug. 2, 1852. - || To Council Bluffs.
Council Bluffs. --...-----------|------ - - - - -------- May 31, 1873.
Decorah ---------------------- Act, Mar. 3, 1855 To Osage.
Osage.------------------------| ------------------ July 6, 1859.
* | Fort Dodge.-----------------. Act Mar. 3, 1855- - May 31, 1873.
Sioux City------...------------- Act. Mar. 3, 1855- || May 31, 1873.
Illinois.--------| Kaskaskia.--------------- .---| Act Mar. 26, 1804. . | February 25, 1856.
Shawneetown----------------- Act Feb. 21, 1812...] May 2, i856.
Edwardsville ----------------- Act Apr. 29, 1816 - || August 8, 1855.
Vandalia -----. --------------- Act May 11, 1820.. May 1, 1856.
Palestine. ---- tº s s as as as ºs e - - * * * * * * Act. May 11, 1820. - August 14, 1855.
Springfield ------------------- Act May 8, 1822. . . . March 3, 1877.
Danville.--------------------. Act Feb. 19, 1831--| December 16, 1856.
uincy ----------------------- Act, Feb. 19, 1831. - August 30, 1855.
alena ------. ---------------- Act June 26, 1834..] To Dixon.
Dixon ----------- tº m 'm ºn m º ºs ºn e s sº tº sº Act Nov. 2, 1840. -- September 3, 1855.
Chicago ---------------------. Act June 26, 1834-. July 31, 1855.
Kansas --------| Lecompton.------------------- July 22, 1854. . . . . . To Topeka.
Topeka.---------------------- Sept. 10, 1861.- ....
Doniphan---------------- -- * * * * Mar. 3, 1857- - - - - -. To Kickapoo.
Rickapoo--------------------- Dec. 3, 1857. ...---- To Atchison.
Atchison.--------- : - - - - - - - - - - - Sept. 6, 1861. ---... December 26, 1863.
Ogden ------------------------ Mar. 3, 1857. -- - - - - To Junction City.
Junction City, ---------------. Oct. 6, 1859. ----- . . To Salina.
alina ------------------------ May 1, 1871. ------.
Fort Scott-------------------- Mar. 3, 1857 - - - - - - To Humboldt.
Humboldt -------------------- Sept. 16, 1861.----- To Mapleton.
Mapleton.-------------------. ov. 1, 1861. ------ To Humboldt.
Humboldt ---------------, ---. May 15, 1862.----- To Neodesha.
Neodesha ------ tº * * * * * - * * * * * * * * Dec. 15, 1871....... To Independence.
Independence.------...--------- Oct. 3, 1871. - - - - -.
Augusta.----- as e º sº tº * * * - - - - as as s a Act May 11, 1870. . . To Wichita.
Wichita -----.. * * * * * * * * * * * * * * * Feb. 20, 1872. - - - - -
Concordia.---------------...--- Act July 7, 1870. . .
Cawker City------------------| June, 1872. ------. To Kirwin.
Eirwin. ---.. tº as s as a tº º e < * * * * * * * * Jan. 4, 1875 . . . . . . .
Larned ----------------------. Act June 20, 1874..
Hays City ------------------ Act June 20, 1874...] To Wa-Keeney.
Wa-Keeney------------------. Oct. 20, 1879. ... --.
Lou usiana. ----- Opelousas. ----- tº e º se - a tº as e e º as s we s Act Mar. 3, 1811...| February 16, 1861-66.
Ouachita.--------------------. Act Mar. 3, 1811...] To Monroe.
Monroe ----- tº as a tº as ºs º- tº - - - - - - as e s s Dec. 23, 1867. -- - - - To New Orleans, Jan. 21, 1879.
New Orleans. -----...--. - e as s as s s Act, Mar. 3, 1811. . .
Saint Helena Court House ....| Act Apr. 25, 1812. - To Greensburg.
Greensburg ------------------ Feb. 24, 1837.... --. To Baton Rouge.
Baton Rouge------------...----- Jan. 1, 1844..... --.] To New Orleans.
Natchitoches.----------------- Act July 7, 1838. --
Michigan ---. --| Detroit ----------------------- Act, Mar. 25, 1804. .
Monroe ---------------------. Act Mar. 23, 1823. To White Pigeon Prairie.
White Pigeon Prairie.........}........... --------- To Bronson.
Bronson ----------------------|-------------------- To Kalamazoo.
Kalamazoo. ---------- * * * * * * * * * i s = e º 'º - a. s. * * * * * * * * * * * * August 16, 1859.
New Monroe. ---...----------. Act, Jan. 30, 1833. . . Act June 12, 1840.
Genesee .--------------------- Act June 15, 1836. . . To East Saginaw.
East Saginaw. ..... * . * * * * * * * as s a • * * * * * * * * * * * * * * * * *
Sault Sté. Marie...... * * * * * *s as s as Act Mar. 1, 1847...] To Marquette.
Marquette ----------- - a - sº tº e º sº se July 13, 1857 . . . . . .
Duncan ----------------------. May 29, 1854 - ---. To Mackinac.
Mackinac ...-----...-------- ..... | Mar. 8, 1858 ------. To Traverse City.
Traverse City...... & “ º - º a tº as s m a Aug. 2, 1858. -----. Consolidated with Reed City,
Ionia-------------------------- Act June 15, 1836...] To Reed City. *
Reed City--------------------. Apr. 1, 1878. -----.
Minnesota ... --. Brownsville------------...----- Act Apr. 12, 1854--| To Chatfield.
Chatfield.---------------...----- June 12, 1856. . . . . . To Winnebago City.
Winnebago City.------------. Nov. 4, 1861 ....... To Jackson.
Jackson ---------------------. Sept. 1, 1869. ......] To Worthington.
Worthington.------------------ Apr. 20, 1874 . . . . . .
Minneapolis.------------------ Act Apr. 12, 1854. To Forest City.
Forest City. ------------------ Mar. 22, 1858 ... --. To Minneapolis.
Minneapolis.-------------- ....] Nov. 1, 1862 ....... To Greenleaf,
Greenleaf ...------------------. July 3, 1866 - - - - - - - To Litchfield.
Litchfield.-------------------. Jan. 27, 1870. ... --. To Benson.
Benson.---- gº tº me tº sº tº cº e º - - - - - ºn sº e dº tº June 19, 1876 ... --
Faribault. -------------------. Act Apr. 12, 1854. . . To Saint Peter.
Saint Peter ------------------- Dec. 2, 1854 .... --. To New Ulm.
a'
ADMINISTRATION OF THE LAND SERVICE.
175
List of local land offices from 1800 to 1880–Continued.
State. Location. When established. Removed or discontinued.
Minnesota.---- New Ulm. -------------------. Mar. 17, 1870 - - - - -. To Tracy.
Tracy. -----------------------. May 18, 1880. . . . . .
Alexandria ------------------- Sept., 1868 - - - - - - -. To Fergus Falls.
Pergus Falls.----------------- IDec. 11, 1876. . . . . .
Oak Lake.----- ---.. ---------- Act Mar. 12, 1872. - To Detroit.
Detroit ----------------------- - - - - - - - ------. To Crookston.
Crookston -------------------. July 15, 1878 . . . . . .
Stillwater--------------------- May 1, 1853 . . . . . . . To Cambridge.
Cambridge.------------------. Dec. 15, 1858 - - - . . . To Sunrise City. ,
| Sunrise City ----------------- July 2, 1860 . . . . . . . To Taylor's Falls.
Taylor's Falls. ---------------- Oct. 1, 1861. . . . . . . .
Sauk Rapids. -----. ------...--. Act Aug. 30, 1852..] To Saint Cloud.
Saint Cloud.-----------------. Apr. 19, 1858. --..
Henderson.------------------. Act Apr. 12, 1854..] May 9, 1863.
Buchanan.-------------------- July 8, 1856 . . . . . . . To Portland.
Portland.--------------------- June 7, 1859 ------ Name changed to Duluth.
Duluth -----------------------|-------------------.
Ojibway ---------------------- July 8, 1856. -- . . . . . To Otter Tail City.
Otter Tail City. ------------...-. May 2, 1859 . . . . . . . March 31, 1863.
- * - Bedwood Falls. --------------. Act. May 21, 1872-.
Mississippi..... Augusta ---------------------- Act Apr. 25, 1812 ~
and Mar. 3, 1819. To Paulding.
Paulding --------------------. Jan. 2, 1860. -----. January 12, 1867.
Washington -----------------. Act Mar. 3, 1803. - || To Jackson, 1866.
Columbus .......----. . . . . . . . . . Act, Mar. 2, 1833. . . . November 1, 1866.
Mount Salus------------------ Act May 6, 1822. - || To Jackson.
Jackson ---------------------- 'Aug. 10, 1836 - - - - -
Chocchuma-...-- tº e s m = - w = a - m s m as Act, Mar. 2, 1833. ... To Grenada.
Grenada ---------------------. July 4, 1840. --...- . December 1, 1860.
Pontotoo. -------------------- Oct. 20, 1822 - - - - - September 20, 1854.
Missouri....... Saint Louis.-----------------. Act Mar. 3, 1811... To Boonville, September 1, 1861.
anklin. --------------------- Act Feb. 17, 1818. To Fayette. -
Tayette----------------------. July 5, 1832 - - - - - - To Boonville.
Boonville --------------------- * - - - - - - - - - - - - - sº sº º s
Jackson ---------------------- Act Feb. 17, 1818..] To Ironton.
Ironton.---------------------- July 8, 1861 . . . . . .
Lexington -------------------. Act Mar. 23, 1823. To Clinton.
Clinton ---------------------- July 3, 1843 ...--...] To Warsaw.
Warsaw ---------------------- July 18, 1855 - - - - - . To Calhoun.
Calhoun ----------------------|- . . . --. . . . . . . . February 12, 1863.
Palmyra --- ------------------ Act, May 26, 1824-. March 2, 1859.
Springfield.------------------- Act June 26, 1834..] Order of March 25, 186
Plattsburg-------------------. Act Aug. 20, 1842 - April 10, 1859. -
Milan. -----------------------. Act reb. 26, 1840. - || April 8, 1859.
Montana. ------| Helena ... ................... June, 1867. . . . . . . . .
Nebraska...... Omaha City.-----------------. July 22, 1854...... To West Point.
West Point.-----------------. May 1, 1869 -...-- To Norfolk.
Norfolk ---------------------. Sept. 9, 1873. ......
Brownsville ------------------ Mar. 3, 1857. .... -- To Beatrice.
Beatrice . . . . ------------------ July 7, 1868. ------- *
Nebraska City. --...------...--. July 3, 1868. - ...... To Lincoln.
Lincoln --------------. ------ Sept. 3, 1868. . . . . . .
Dakota City -----------...----- July 3, 1868. . . ... -- To Niobrara.
Nióbrara. --------------------- Oct. 1, 1875- - - - - - - -
Grand Island.----...-----...--. Act July 27, 1868.
North Platte.----------------. Sept. 21, 1872. ----.
Lowell.----------------------- Aug. 2, 1872. -----. To Bloomington.
Bloomington.------...--...----. * - - - a tº sº - - - * * * * * *
Nevada........ Carson City------------------. Act July 2, 1862...
Austin ----------------------. Oct. 15, 1867 - - - - -. To Eureka.
Eureka ----------------------. May 26, 1873......
Belmont ---------------------. Dec., 1869 - - - - - - -. To Pioche.
Pioche-------------------. ---. Apr. 30, 1874. . . . . . September 14, 1877.
Aurora ----------------------. Aug., 1878 -------- To #lependence, Cal., May 31,
1873.
& Blko.------------------------. May, 1873. . . . . . . . ..] September 14, 1877.
New Mexico.--| Santa Fé...................... Act May 24, 1858--|
- La Mesilla.------------------. Act, Mar. 3, 1874 - -
Ohio ----------. Marietta---------------------- Act May 10, 1800. Act June 12, 1840.
Zanesville --------------...--. Act, Mar. 3, 1803 - - || Act June 12, 1840.
Steubenville -------------..... Act May 10, 1800. Act June 12, 1840.
Cincinnati. ------------ ºf s we ºn e º m Act May 10, 1800. - || Act June 12, 1840.
Chillicothe-------------------. Act May 10, 1800--| March 3, 1877.
Wooster ---...-----------------. Act, Mar. 3, 1807. --| Act June 12, 1840.
Piqua------------------------- Act Mar. 3, 1819. --| June 25, 1855.
Wappakonnetta -------------. Act Mar. 3, 1819.- . June 25, 1855.
Lima -----------------------. Act Mar. 3, 1819. --| June 25, 1855.
TJpper Sandusky-------------. Act Mar. 3, 1819.--| June 25, 1855.
Defiance---------------------. Act Mar. 3, 1819...] June 25, 1855.
Delaware
* s tº e - © tº º ſº tº E tº * * * - e º sº se e is
Act, Mar. 3, 1819. . .
Act Mar. 3, 1819...
Act, Mar. 3, 1819. --
Apr. 23, 1836
Act June 12, 1840.
Act June 12, 1840.
Act June 12, 1840.
February 27, 1845.
176 ADMINISTRATION OF THE LAND SERVICE.
List of local land offices from 1800 to 1880–Continued.
State. Location. * When established. Removed or discontinued.
Qregon.-------- Oregon City ----------------- - July 17, 1854 ------
Winchester------------------- Mar. 3, 1855 . .----- To Roseburg.
Roseburg--------------------- Jan. 3, 1860 - - - - - - -
Le Grand--------------------- Dec. 11, 1867 ......
Linkville --------------------- Jan. 16, 1873 ...... To Lakeview.
Lakeview.-------------------- Sept. 1, 1877.......
Dalles ------------------------ Act Jan. 11, 1875- -
Wisconsin..... Green Bay-------------------- Act June 26, 1834-. To Menasha.
Menasha.----- * * * * * * * * * * * * * * * * I e º º ſº e ºr as s m is a. * * * * * * * : * >
Muskoday -------------------- June 26, 1834...... To Mineral Point.
Mineral Point.---------------. May 8, 1843 .......] November 25, 1858.
Milwaukee ------------------. Act June 15, 1836. | February 14, 1856.
Hudson ---------------------- Act, Mar. 2, 1849. . . To Falls Saint Croix.
Falls of Saint Croix-----...--. Aug. 6, 1860. ------
Stevens Point.---------------. Act July 30, 1852. . . To Wausaw.
Wausaw.--------------------- Aug. 19, 1872 - - - - -
La Crosse -------------------. Act Aug. 2, 1852 . .
Superior City----------------. Act Feb. 24, 1855. . . To Bayfield, October 5, 1860.
Bayfield ----------------------|-----. -------------
Eau Claire.------------------- Act, Mar. 3, 1857. . .
Washington ---| Olympia ---------------. ----. July 17, 1854 -----
Vancouver.-----...------------. Act May 16, 1860. .
Walla Walla. ----------------. Act, Mar. 3, 1871 - .
Colfax. ---------------------- Act Aug. 15, 1876.
Yakima ---------------------- Act June 16, 1880. .
Utah.---------. Salt Lake City --...----------- Act, Mar. 9, 1869 - - | ***
Beaver City ---...------------. Act Apr. 25, 1876..] Consolidated with Salt Lake City
Wyoming ...... Cheyenne------------. * ** - tº ºr º 'º - Act Feb. 5, 187). . . . Aug. 1, 1877.
Evanston ------- s sº tº º ſº tºº & sº e º ºs º ºs ºs Act Aug. 9, 1876- . .
List of existing local land offices (96 in number) and names of officers, November 10, 1880.
[See page 555.]

sº Land district. - Register. Teceiver.
Alabama ------ Huntsville ---------------. John M. Cross ...-----...--...-- W. H. Tancre.
* Montgomery -------------. Pelham J. Anderson ....... Paul J. Strobach.
Arkansas.----- Little Rock---------------- Mifflin W. Gibbs........ --. Charles E. Kelsey.
Camden ------------------- Samuel W. Mallory.--...-- Alfred A. Tuffts.
Harrison -----------------. John Murphy ...----------- Robert S. Armitage.
Dardanelle ---------------. Thomas M. Gibson - - - - - - - - Thomas Boles. -
Arizona. ------- Prescott --------- '--------- William N. Kelly.......... George Lount.
- Florence ------------------ C. M. K. Paulison ----...... Charles E. Dailey.
California.----- Marysville ---------------. John C. Bradley ........... Lemuel T. Crane.
Humboldt ----------------. Charles F. Roberts. ........ Solomon Cooper.
San Francisco ------...----- William R. Wheaton - - - - - - Charles H. Chamberlain.
Sacramento --------------. IEdw. F. Taylor ---.... --... Henry O. Beatty.
Stockton ------------------ George A. McKenzie ...... Otis Perrin.
Visalia.----------. as ºs º gº tº s sº º Jeremiah D. Hyde ----...---. Tipton Lindsey.
Los Angeles. -------------. Alfred James ..... ---...--. J. W. Haverstick.
Shasta ---------------...----| William E. Hopping ------- Adolph Dobrowsky.
Susanville ---------. ------ William H. Crane...... ....] Andrew Miller.
Bodie.--------------------- James E. Goodall ---------- Henry Z. Osborn.
Colorado .... -- Central City--------------- Richard Harvey........... E. W. Henderson.
Denver City --------------. Louis Dugal. -------------- Samuel T. Thomson.
Leadville ----------------. John J. Henry. --------.... William K. Burchinell.
Pueblo ------------ s & & gº tº me 4-3 gº Ferdinand Barndollar . . . . . Michael BL Fitch.
Del Norte ----------------. John Cleghorn ------------ Charles A. Brastow.
Lake City ----------------. Henry C. Olney.--------...- Corelon B. Hickman.
Dakota -------. Mitchell -------------. ....] B. F. Campbell, ------------ John M. Washburn.
Watertown -----..........] Arthur C. Mellette ---..... L. D. F. Poore.
Bismarck------------------ John A. Rea. -------------. Edw. M. Brown.
Fargo --------------------. Horace Austin -----------. Thomas M. Pugh.
Deadwood ...... is ºs º ºs º gº as nº e is A. S. Stewart ---------...--. John F. McKenna.
Yankton -----------------. Gustavus A. Wetter------. Lott S. Bayless.
Grand Forks ---------...--. Byram C. Tiffany---------. William J. Anderson.
Florida .....--. Gainesville ---------------- Lewis A. Barnes.---...----. John F. Rollins.
Idaho.---------| Boisé City ----------------. John B. Miller.------------ James Stout.
Lewiston ------------------ Jonathan M. Howe ---..... Richard J. Monroe.
Oxford -------------------- Augustus Dudenhausen --- A. W. Eatºn:
Iowa----------. Des Moines.--------------- Felix G. Clarke .---------- H. H. Griffiths.
Kansas -------. Topeka.------------------- William H. Fitzpatrick....| George W. Watson.
Concordia ----------------. Boyd H. McEckson. --...--. Evan J. Jenkins.
Wa-Keeney ----...-------. Benjamin J. F. Hanna..... William H. Pilkenton.
Independence ------------- Melville J. Salter.----..... Henry M. Waters.
Firwin -------------------- Thomas M. Helm. --------. Lewis J. Best.
Larned.---- tº ºs ºn tº gº tº ...-------| Charles A. Morris --------- Henry Booth.
Salina --------------------- John M. Hodge ----------- Lewis Hanback.
Wichita ------------------- Richard L. Walker........ James L. Dyer.
ADMINISTRATION OF THE LAND SERVICE. 177
List of existing local land offices and names of officers—Continued.
sº Land district. Register. Beceiver.
Louisiana------ New Orleans ...-------...--. George Baldy. ------------- William M. Burwell.
- Natchitoches -------------. Louis Dupleix.-----------. Alexis E. Lemee.
Michigan ------| Detroit. ------------------. J. B. Bloss ----------------. John M. Farland.
East Sagina W-------------. Charles Doughty -----...--. IFred. J. Burton.
Marquette.---------------. Henry M. Stafford ......... James M. Wilkinson.
Reed City ----------------. Edward Stevenson . . . . . . . . William EI. C. Mitchell.
Minnesota . . . . . I3enson -------------------. Darwin S. Hall - - - - - -...-- Ełeman W. Stone.
Crookston ------ s tº s = - - - - - - - Thomas C. Shapleigh ...... Paul C. Sletten.
Du Luth------------------- Morris C. Russell .......... Thomas H. Pressnell.
Fergus Falls -------------. Soren Listol ------...-------- John H. Allen.
Tracy --------------------. Charles I3. Tyler........... Charles C. Goodnow.
Redwood Falls -----------. W. P. Dunnington ....... -- W. B. Herriott.
Saint Cloud --------------. Daniel H. Freeman - - - - - - - - William B. Mitchell.
Taylor's Falls. -------...--. John B. Owens ----------- George B. Folsom.
Worthington -------------. Mons Grinager ------------ Justin P. Moulton.
Mississippi . ---| Jackson ------------------- Richard C. Kerr ------...-. A. N. Rimball.
Missouri - - - - - - Boonville------------------ Gustave Reiche . . . . . ...... George Ritchey.
Ironton-------------------. George A. Moser ... --------. Llewellyn Davis.
Springfield ---------------- George A. C. Wooley. ...... James Dumars.
Montana -- . . . . Bozeman ------------ • * * * * * Davis Willson ----......... J. V. Bogert.
Helena -------------------. James H. Moe ------------- Frank P. Sterling.
Miles City.---------------. Edward A. ICriedler ...----. T. P. McElrath.
Nebraska. ... --- Beatrice -----------------. Hiram W. Parker---...---- Robert B. Harrington.
Bloomington -----------... Simon W. Switzer ......... | George W. Dorsey.
Grand Island---...--------- Melville B. Hoxie - - - - - - - - - - William Anyan.
Lincoln-------------------- Joseph B. McDowell. - - - - - - C. N. Baird.
Niobrara. -----------------. Denjamin F. Chambers .... James Stott.
Norfolk ------------------- Edward S. Butler. ......... William B. Lambert.
North Platte ---...--...----- Alex. D. Buckworth ....... John Taffe.
Nevada. --...--. Carson City ----. ---------- C. A. Witherell -----...----. Samuel C. Wright.
- Eureka -------------------- F. H. Hinckley - - -...-...--. Harvey Carpenter.
New Mexico ... La Mesilla. --...----------. George D. Bowman - - - - - - -. Samuel W. Sherfey.
Santa Fé ----------------- ..] John C. Davis --- - - - - - - - - - - Elias Brevoort.
Oregon - - - - - --. Le Grand......* * * * * * * * * * * * * Henry W. Dwight...... --. I}aniel Chaplin.
Lake View ---------------. James H. Evans. --...----- George Conn.
Oregon City. --...----...--. Louis T. Barin. ----...----- John W. Watts.
Roseburg-----------------. William F. Benjamin ...... James C. Fullerton.
The Dalles ---------------- Laban Coffin. ----. --------. Caleb N. Thornbury.
Washington ---| Colfax-...-----------------. James M. Armstrong -----. Edgar N. Sweet.
Olympia -----------. - - - - - - Josiah T. Brown. -----..... Robert G. Stuart.
Vancouver ---------- - - - - - - Walter W. Nowlin...... --.] Samuel W. Brown.
Walla Walla .............. Edw. H. Morrison. -- - - - - - -. Alex. Reed.
Yakima ------------------- R. B. Kinne.-----...----...--. James M. Adams.
Wisconsin . . . . . Bayfield ------------------- John H. Knight ----------. Isaac H. Wing.
Eau Claire ---...-...--------. J. Gardner Cahahan ....... Vincent W. Bayless.
Falls of Saint Croix ....... Michael Field.----......... Joel F. Nason.
La Crosse ----------------- Ferdinand A. Husbor... . . . John Ulrich.
Menasha -------------- ----| George W. Fay. --..... ---. Norman Thatcher.
Wausaw ------------------ Stephen H. Alban ...... --. William Callon.
Wyoming. ----- Cheyenne ----------------- Edgar W. Mann ---...----- William M. Garvey.
Evanston ----------------. William G. Tonn ---...----- Henry R. Crosby.
Utah----------. Salt Lake City. ------------ H. McMaster -------...---- Moses M. Bane.
Registers and receivers are paid an annual salary of $500 each, and are allowed fees up to and including
$3,000 per annum each.
12 L O—WOL III
C H A P T E R W II.
To JUNE 30, 1882.
[See pages 567–676.]
To JUNE 30, 1883, AND DECEMBER 1, 1883.
[See pages 1239–1247.]
SU R V E Y'S OF THE PUBLIC LAND S.
To JUNE 30, 1880.
The cessions of the several States were organized from time to time into geograph-
ical divisions by the laws creating them and the lands were ordered to be surveyed,
including lands to which the Indian title had been or would be extinguished. The
same proceeding took place with purchased territory in 1803, 1819, 1848, 1850, and 1853.
The extension of the surveys being authorized by Congress over a district of country,
the Commissioner of the General Land Office directs the surveyor-general of the dis-
trict, whose office is created by the law prior to extending the surveys, to begin the
Sallò, *
THE RECTANGULAR SYSTEM.
The land surveys under the United States are uniform and done under what is known
as the “rectangular system.” This system of surveys was reported from a committee
of Congress May 7, 1784. The committee consisted of Thomas Jefferson, chairman;
Messrs. Williamson, Howell, Gerry, and Reas.
This ordinance required the public lands to be divided into “kundreds” of ten geo-
graphical miles square, and those again to be subdivided into lots of one mile square
each, to be numbered from 1 to 100, commencing in the northwestern corner and count-
ing from west to east and from east to west continuously; and also that the lands thus
subdivided should be first offered at public sale. This ordinance was considered, de-
bated, and amended; and on the 3d of May, 1785, on motion of Mr. Grayson, of Vir-
ginia, seconded by Mr. Monroe, the size of the townships was reduced to six miles
square. It was further discussed until the 20th of May, 1785, when it was finally passed.
The origin of this system is not known beyond the committee’s report. There had
been land surveys in the different colonies for more than a hundred years; still the
method of granting land for settlements in vogue in all the colonies was in irregular
tracts, except in the colony of Georgia, where, after 1733, eleven townships of 20,000
square acres each were divided into lots of 50 acres each.
The act of cession of the State of Virginia of her western territory provided for the
formation of States from the same not less than one hundred mor more than one hun-
dred and fifty miles square.
This square form of States may have influenced Mr. Jefferson in favor of a square
form of survey, and besides the even surface of the country was known, the lack of
mountains and the prevalence of trees for marking it also favoring a latitudinal and
longitudinal system. Certain east and west lines run with the parallels of latitude,
and the north and south township lines with the meridians.
The system as adopted provided for sale in sections of 640 acres, one mile Square. In
1820 a quarter-section, or 160 acres, could be purchased. In 1832 subdivisions were
ordered by law into 40-acre tracts or quarter-quarter-sections to settlers, and in 1846 to
all purchasers. On May 18, 1796, the ordinance of May 20, 1785, was amended; also
on May 10, 1800, on the introduction of land offices and credit sales, and on February 11,
1805; April 24, 1820; April 5, 1832; and May 30, 1862. (For existing laws on surveys
178
surveys of THE PUBLIC LANDS. 179
see chapter IX, United States Revised Statutes, “Survey of the public lands,” sections
2395 to 2413.) - * -
Since the inauguration of the system it has undergone modification in regard to the
establishment of standard lines and iflitial points, the System of parallels or correc-
tion lines, as also of guide meridians, having been instituted, contributing largely
toward its completeness.
survKYs of Bound ARY LINES BETWEEN STATEs.
Surveys of boundary lines between States are done by Special contract under special
laws authorizing the same, the Secretary of the Interior awarding the contracts there-
under. - - -
Since 1862 the following boundary lines have been run at rates per mile as stated :
Total.
Oregon and Washington, at $46 per mile ...--------------------- * * * sº gº tº as sº tº - - - $4,500
Oregon and Idaho, $60 per mile, about-----------. ---------------- * º º ºs º- tº- - - - - 9,600
North boundary of New Mexico, $60 per mile. ... ---------------------------- 19,000
California and Oregºn, $60 per mile---------------------------------------- 13, 847
North boundary of Utah, $42 per mile .-------...--------------------------- 40,750
East boundary of Nevada, $40 per mile -----------------...----------------- 17,000
West boundary of Kansas, $40 per mile----------------------------------- - - - 8, 400
North boundary of Nevada, $50 per mile-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 15, 400
South boundary of Wyoming, $60 per mile. ----------------------------. ---- 22,056
West boundary of Wyoming, $50 per mile. -----, --------------- ---------. -- 13,850
North boundary of Nebraska, $36 per mile.----------. -----------. ---------- 8,069
Idaho and Washington line, $60 per mile ----------...----...-----...----...----- 10, 590
North part of east boundary of New Mexico and part of east part of south
boundary of Colorado, $40 per mile. --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 3, 662
Arizona and New Mexico, $70 per mile. ... ---...----. * * * * * * * * * * * * * * * * * * * * * * * * 27, 342
South part of the west boundary of Dakota, $50 per mile.----...--...--------- 7,000
Colorado and Utah boundary, $53 per mile -----...------------------------- 15,000
Arkansas and Indian Territory boundary-------------------------------...-- 11,880
Aggregate ---------------------------------------------------------- 254, 427
The boundary surveys were made by authority of various acts of Congress appro-
priating money for that purpose from year to year.
SURVEYS OF ISLANDS.
Surveys of islands and keys on the sea-coast are made by the Coast Survey, under
Special laws.
All other lands of the United States and classes of surveying are done by the sur-
veyors-general and their contract or mineral deputies under direction of the Commis-
sioner of the General Land Office.
SURVEY'S OF INDIAN RESERVATIONS.
Surveys of Indian reservations by the act of April 8, 1864, now devolve upon the
General Land Office. Prior to that act the surveys of Indian lands under treaty stip-
ulation were made by direction of the Indian Office.
METHODS AND SYSTEM OF LAND PARCELING SURVEYS.
Preliminary to Surveying a district, a surveying meridian and base line must be
established. •
GEOGRAPHICAL POSITIONS OF THE PRINCIPAL SURVEYING MERIDIANS AND BASE-LINES.
Since the adoption of the rectangular system of public surveys, May 20, 1785,
twenty-four initial points, or the intersection of the principal bases with surveying
meridians, have been brought into requisition to secure the certainty and brevity of
description in the transfer of public lands to individual ownership. From the principal
180 SURVEYS OF THE PUBLIC LANDS.
bases townships of six miles square are run out and established, with regular series
of numbers counting north and south thereof, and from the surveying meridians a
like series of ranges are numbered both east and west of the principal meridians.
During the period of ninety years since the organization of the system the follow-
ing numerical and independent principal meridians and bases have been initiated, to
Wit : . -
The first principal meridian divides the States of Ohio and Indiana, having for its
base the Ohio River, the meridian being coincident with 84° 51' of longitude west
from Greenwich. The meridian governs the surveys of public lands in the State of Ohio.
The second principal meridian coincides with 86°28' of longitude west from Green-
wich, starts from the confluence of the Little Blue River with the Ohio, runs north to
the northern boundary of Indiana, and governs the Surveys in Indiana and a portion
of those in Illinois. -
The third principal meridian starts from the mouth of the Ohio River and extends to
the northern boundary of the State of Illinois, and governs the Surveys in said State
east of the meridian, with the exception of those projected from the second meridian,
and the surveys on the west to the Illinois River. This meridian coincides with 890
10' 30" of longitude west from Greenwich.
The fourth principal meridian begins in the middle of the channel of the mouth of the
Illinois River, in latitude 38° 58' 12" north and longitude 90°29'56" west from Green-
wich, and governs the surveys in Illinois west of the Illinois River and west of the
third principle meridian lying north of the river. It also extends due north through
Wisconsin and Northeastern Minnesota, governing all the surveys in the former and
those in the latter State lying east of the Mississippi and the third guide meridian
(west of the fifth principal meridian) north of the river.
The fifth principal meridian starts from the mouth of the Arkansas River, and, with
a common base-line running due west from the mouth of the Saint Francis River, in
Arkansas, governs the surveys in Arkansas, Missouri, Iowa, Minnesota west of the
Mississippi, and the third guide meridian north of the river, and in Dakota Territory
east of the Missouri River. This meridian is coincident with 90° 58' longitude west
from Greenwich.
The sixth principal meridian coincides with longitude 97° 22' west from Greenwich,
and, with the principal base line intersecting it on the 40th degree of north latitude,
extends north to the intersection of the Missouri River and south to the 37th degree
of north latitude, controlling the surveys in Kansas, Nebraska, that part of Dakota
lying south and west of the Missouri River, Wyoming, and Colorada, excepting the
valley of the Rio Grande del Norte, in Southwestern Colorado, where the surveys are
projected from the New Mexico meridian.
In addition to the foregoing six principal meridians and bases governing public sur-
veys, there have been established the following meridians and bases, viz:
The Michigan meridian, in longitude 84°19' 09" west from Greenwich, with a base-
line on a parallel seven miles north of Detroit, governing the surveys in Michigan.
The Tallahassee meridian, in longitude 84° 18' west from Greenwich, runs due north
and south from the point of intersection with the base line at Tallahassee, and governs
the surveys in Florida.
The Saint Stephen's meridian, longitude 88° 02' west from Greenwich, starts from
Mobile, passes through Saint Stephen's, intersects the base line on the 31st degree of
north latitude, and controls the surveys of the southern district in Alabama and of
the Pearl River district lying east of the river and south of township 10 north in the
State of Mississippi. -
The Huntsville meridian, longitude 86° 31' west from Greenwich, extends from the
ncrthern boundary of Alabama as a base, passes through the town of Huntsville, and
governs the surveys of the northern district in Alabama. -
The Choctaw meridian, longitude 89° 10' 30" west from Greenwich, passes two miles
west of the town of Jackson, in the State of Mississippi, starting from the base line
twenty-nine miles south of Jackson, and terminating on the south boundary of the
SURVEYS OF THE PUBLIC LANDS. 181
Chickasaw cession, controlling the surveys east and west of the meridian and north
of the base.
The Washington meridian, longitude 91° 05' west from Greenwich, seven miles east
of the town of Washington, in the State of Mississippi, with the base line correspond-
ing with the 31st degree of north latitude, governs the surveys in the southwestern
angle Of the State.
The Saint Helena meridian, 91° 11' longitude west from Greenwich, extends from the
31st degree of north latitude, as a base, due south, and passing one mile east of Baton
Rouge, controls the surveys in the Greensburgh and the southeastern districts of Loui-
siana, both lying east of the Mississippi.
The Louisiana meridian, longitude 92°20' west from Greenwich, intersects the 31st
degree north latitude at a distance of forty-eight miles west of the eastern bank of the
Mississippi River, and, with the base line coincident with the said parallel of north
latitude, governs the surveys in Louisiana west of the Mississippi.
The New Mexico meridian, longitude 106° 52' 09" west from Greenwich, intersects the
principal base line on the Rio Grande del Norte about ten miles below the mouth of
the Puerco River, on the parallel of 34°19' north latitude, and controls the surveys in
New Mexico, and in the valley of the Rio Grande del Norte, in Colorado.
The Great Salt Lake meridian, longitude 111° 53' 47" west from Greenwich, intersects
the base line at the corner of Temple Block, in Salt Lake City, Utah, on the parallel
of 40° 46' 04" north latitude, and governs the surveys in the Territory of Utah.
The Boisé meridian, longitude 116° 20' west from Greenwich, intersects the principal
base between the Snake and Boisé Rivers, in latitude 43° 26' north. The initial mon-
ument, at the intersection of the base and meridian, is nineteen miles distant from
Boisé City, on a course of south 29° 30' west. This meridian governs the surveys in
the Territory of Idaho. -
The Mount Diablo meridian, California, coincides with longitude 121°54' west from
Greenwich, intersects the base line on the summit of the mountain from which it takes
its name, in latitude 37° 53' north, and governs the surveys of all Central and North-
eastern California and the entire State of Nevada. -
The San Bernardino meridian, California, longitude 116° 56' west from Greenwich,
intersects the base line at Mount San Bernardino, latitude 34° 06' north, and governs
the surveys in Southern California lying east of the meridian and that part of the sur-
veys situated west of it which are south of the eighth standard parallel south of the
Mount Diablo base line.
The Humboldt meridian, longitude 124° 11’ west from Greenwich, intersects the prin-
cipal base line on the summit of Mount Pierce, in latitude 40° 25' 30" north, and con-
trols the surveys in the northwestern corner of California lying west of the Coast
range of mountains and north of township 5 south of the Humboldt base.
The Willamette meridian is coincident with longitude 122° 44' west from Greenwich,
its intersection with the base line is on the parallel of 45° 30' north latitude, and it
controls the public surveys in Oregon and Washington Territory:
The Montana meridian extends north and south from the initial monument estab-
lished on the summit of a limestone hill, eight hundred feet high, longitude 111° 40'
54" west from Greenwich. The base line runs east and west from the monument on
the parallel of 45° 46' 27’’ north latitude. The surveys for the entire Territory of
Montana are governed by this meridian. -
The Gila and Salt River meridian intersects the base line on the south side of the
Gila River, opposite the mouth of Salt River, in longitude 112° 15'46" west from
Greenwich, and latitude 33° 22' 57" north, and governs the public surveys in the Ter-
ritory of Arizona. - -
The Indian meridian intersects the base line at Fort Arbuckle, Indian Territory, in
longitude 97° 15' 56° west from Greenwich, latitude 34° 31' north, and governs the sur-
veys in that Territory. -
182 SURVEYS OF THE PUBLIC LANDS.
[For instructions as to surveys in effect December 1, 1883, see pages 575–676.]
ADMINISTRATION AND METHOD OF THE SURVEYS.
The public Surveys are conducted under the direction of the principal clerk of sur-
veys, controlled by the Commissioner of the General Land Office, and under the im-
mediate superintendence of sixteen surveyors-general in their respective surveying dis-
tricts into which, at present, the public lands are divided. - -
The surveyors-general, whose offices are conveniently located in their districts and
well appointed with personal and other facilities for the business, enter into contracts
with professional surveyors, whom they commission as their deputies, and who are
thoroughly acquainted with the system and the official requirements in regard to field
operations. Surveying contracts describe the particular field-work to be executed, time
within which it is to be completed, consideration stipulated at so much per lineal mile
of surveying, including all expenses of the surveyor, his party and instruments, to-
gether with the proper returns of survey to the office of the surveyor-general, to be
accompanied by an affidavit of the surveyor to the effect that the work was performed
by him, in his own proper person, in accordance with his contract and the manual of
surveying instructions, and in strict conformity to the laws governing the survey.
The party of the deputy surveyor generally consists of two chainmen, flagman, axe-
man, and two moundmen, whose duties are to assist him in running, measuring, and
marking the lines, and constructing and setting corner boundaries. They are sworn
to perform their respective duties with fidelity before they enter on the same, and on
completing the work they make affidavits to the effect that the deputy surveyor was
assisted by them in the survey which they describe, and that it has been executed in
all respects well and faithfully. - re
To guard the Government from any loss that might be occasioned by erroneous or
fraudulent surveys on the part of the surveyor, he is required to give bond, with ap-
proved securities, in double the amount of his contract ; and when his unfaithfulness
is detected the delinquent deputy and his bondsmen are punishable by law, and the
surveyor debarred from future employment in like capacity.
Upon the return of surveys to the surveyor-general, consisting of original field-notes
and a topographical sketch of the country surveyed, the work is examined, and if, on
applying the usual tests, it is found to be correctly executed, the surveyor-general ap-
proves the field-notes; whereupon the draughtsman protracts the same on township
plats in triplicate, and, after approving the plats, the surveyor-general files the origi-
nal in his office, to be ultimately delivered to State authorities upon closing of United
States surveys in the States; the duplicate is sent to the local land office to enable
the register and receiver of public lands to dispose of the lands embraced in the several
townships, and the triplicate is transmitted to the Commissioner of the General Land
Office for the information of the Government. -
The manual of instructions for surveyors-general to regulate the field operations
of deputy surveyors, prepared by the Commissioner of the General Land Office, 1855,
was, by the second section of the act of May 30, 1862, legalized. This manual was pre-
pared February 22, 1855, by the principal clerk of Surveys. It describes the method
in the field and is illustrated by diagrams. Special instructions are sometimes issued.
EXECUTION OF SURVEY'S,
The United States surveyor-general for the district enters into contract with a
deputy Surveyor, after being commissioned, for the survey of either standards, town-
ships, or subdivisions. The contract specifies the localities where surveys are to be
made, duration of the time within which the work is to be returned, the price of sur-
vey per lineal mile, including all contingent expenses to be borne by the deputy sur-
veyor, who is required to execute the work in his own proper person, sub-contracting
being illegal, and the contract must be approved by the Commissioner of the General
Land Office.
The lines of public surveys over level ground are measured with a four-pole chain,
SURVEYS OF THE PUBLIC LANDS. 183
sixty-six feet in length, 80 chains constituting one lineal mile, but with a two-pole
chain where the features of the country are broken and hilly. The lines thus chained
are marked through timber land by chops on line-trees on each side, and in the ab-
sence of such trees those standing nearest the survey on both sides are blazed diagon-
ally toward the line run. Trees standing at the precise spot where legal corners are
required are made available. If no such trees are there, then the corners are perpet-
uated by posts or stones, with inscriptions, and the positions of the same are indicated
by witness trees or mounds, the angular bearings and distances from the corner being
ascertained and described in the field-notes. The lines intersecting navigable streams,
the area of which are excluded from sale, require the establishment of meander corner-
posts, the courses and distances on meandered navigable streams governing the calcu-
lations from which the true contents of fractional lots are computed and expressed on
township plats. Township corner-posts, or stones common to four town ships, are set
diagonally, properly marked with six notches on each of the four angles set to the
cardinal points of the compass; and mile posts on township lines are marked with as
many notches on them as they are miles distant from the township corners respect-
ively; the four sides of the township and section posts, which are common to four
townships or sections, are marked with the corresponding number of sections. See
accompanying diagrams.
The principal meridian, base, standard and, guides having been first measured and
marked, and the corner boundaries thereon established, the process of surveying and
marking the exterior lines of townships, north and south of the base, and east and west
of the meridian, within those standard lines, is shown on accompanying diagrams.
The public lands are first surveyed into rectangular tracts, according to the true
meridian, noting the variation of the magnetic needle. These tracts are called town-
ships, each six miles square, having reference to an established principal base line on
a true parallel of latitude, and to longitude styled principal meridian. Any series of
contiguous townships, north or south of each other, constitutes a range; the town-
ships counting from the base, either north or south, and the ranges from the principal
meridian, either east or west. Each township is subdivided into 36 sections of one
mile square, or 640 acres, in all, 23,040 acres.
In establishing and surveying a base-line from the initial point east and west, quar-
ter-Section, section, and township corners are established at every 40,80, and 480 chains,
respectively, which are for sections and townships lying north of the base, and not for
those situated South.
In surveying the principal meridian north and south of the initial point, similar
corners are established, which are common for townships lying ifmmediately east or
west. Standard parallel or correction lines are run east and west from the principal
meridian with similar character of corners, as on the principal base and meridian,
and constitute special bases for township lines lying north thereof, the correction lines
being run and marked at every four townships, or 24 miles north of the base, and at
every five townships, or 30 miles south of the same.
Guide meridians are surveyed at distances of every eight ranges of townships, or 48
miles east and west of the principal meridian ; the guides north of the principal base
starting either from it or from standard parallels. They are closed by meridional lines
on other standard parallels immediately north, while those lying south of the principal
bases start in the first instance from the first standard parallel south, and are closed
by meridional lines on the principal base. Then the guides begin on the second stand-
ard parallel south, and close on the first standard parallel south, again starting from
the third standard parallel south, and closing on the second standard parallel south,
and so on. The closing corners on the principal base and standard parallel are estab-
lished at points of convergency of the meridians, which occasion a double set of corners
on the principal base and correction, or standard parallels, styled “standard corners”
and “closing corners.” This process requires offsetting of the guide meridians to the
extent of the convergency of the meridians on each of the standard parallels and
bases.
t
184 SURVEYS OF THE PUBLIC LANDS.
The principal base, principal meridian, standard parallels, and guide meridians, con-
stitute a framework of the rectangular system of public surveys. Within these limits
any errors are avoided which otherwise would result from adhering to the surveys
made as the law directs, to the true meridian, in consequence of the convergency of
meridians and of measurement over uneven surfaces.
The surveys of the standard lines are made with instruments operating independ-
ently of the magnetic needle, the magnetic being noted solely to show the true varia-
tion. These lines divide the sphere of field operations into parallelograms of 48 by 24
miles north of the principal base, and 48 by 30 miles south, the convergency of the
meridians in the former instance being greater than in the latter.
The parallelograms formed by meridians and parallels are in their turn subdivided
into townships, and the latter ultimately into sections with an ordinary but perfectly
adjusted compass. These parallelograms also serve to connect distant surveys from
those progressing regularly from the initial point, if first required, for the convenience
of remote settlements or other considerations.
The township lines start from the standard corners, pre-established on the principal
base and standard or correction parallels, and are surveyed to the extent required
within each parallelogram. On those lines quarter-section, section, and township cor-
ners are fixed to govern the subdivisional work of the townships into 36 sections.
The sections of one mile square are the Smallest tracts, the out-boundaries of which
the law requires to be actually surveyed. Their minor subdivisions, represented in
dotted lines on the accompanying diagram, are not surveyed and marked in the field.
They are defined by law, and the Surveyors-general, in protracting township plats from
the field-notes of sections, merely designate them in red ink, the lines being imaginary,
connecting opposite quarter-Section corners in each Section from South to north, and
from east to west, thereby dividing sections into four quarter-sections of 160 acres each,
and these, in their turn, into quarter-quarter-sections of 40-acre tracts, by imaginary
lines, starting from the equidistant points between the section and quarter-section
corners to similar points on the opposite sides of the section.
Each section containing 640 acres, subdivided into legal subdivisions, affords forty
different descriptions, susceptible of being disposed of to purchasers, from 640-acre
tracts to 40-acre parcels. º f
This convenient mode of subdividing sections with a view to economy and to facil-
itate sales of small tracts, although not actually marked on the ground by metes and
bounds, yet under laws of Congress are susceptible of demarkation by any surveyor
in the different States and Territories in accordance with the field-notes of the original
survey made by United States officers. -
The instruments employed in the field-work by United States surveyors consist of
solar compasses, transits, and common compasses of approved construction; four-pole
chains and two-pole chains, of 100 and 50 links, respectively, each link of the chain
being equal to 7.92 inches. The surveyors' chains are compared with standard chains
and standard yard measures furnished surveyors-general by the government. The
measurement of the lines of public surveys is horizontal, requiring shortening of the
chain over abrupt and undulating surface; the navigable lakes and water-courses are
segregated from the land, the same being declared by law public highways and not
subject to sale. * .
SPECIAL SURVEYS MADE ON PRIVATE APPLICATION.
Under sections 2401 to 2403, Revised Statutes United States, settlers in any township
on the public domain, not mineral or reserved and unsurveyed, can make application
to a surveyor-general for a survey of the same—which is done in the manner above
set out—accompanied by a certificate of deposit from a United States depositary, cow-
ering the amount estimated as necessary to pay for the same. The lands are then
surveyed and duly returned. The triplicate certificate of deposit retained by the set-
tlers is received at the various district land offices in payment for lands under the
• f
SURVEYS OF THE PUBLIC LANDS. 185
pre-emption and homestead laws. (See circular of March 5, 1880, General Land
Office.) -
This system is in fact a temporary loan of money by individuals to the United States
to pay for surveys, which the United States repays to the lenders by receiving for
lands the evidences of deposit, which are assignable at their full value.
This law gives ample and frequent opportunities for gross and serious abuses. (See
annual reports of Commissioner of General Land Office for area and amonnt of these
special surveys.) '
SPECIAL EXAMINATIONS OF SURVEYS.
[See page 1238.]
It is to be supposed that surveyors-general, acting in accordance with instructions,
exercise due care in the selection of deputies with whom they contract for the execu-
tion of surveys. The returns of the surveys are examined by them and forwarded to
the General Land Office for final examination, approval, or rejection. The deputy sur-
veyors are provided with the general instructions authorized by law, embraced in the
volume well known as “The Manual,” and special instructions adapted to the locality
or peculiar circumstances which may attend the operations they propose to execute.
When necessary, special instructions are accompanied by diagrams, illustrating the
determinations of principal lines of public surveys with all the accuracy attainable
upon the uneven surface of a spheroidal body like the earth, where computations based
upon a given elevation above sea-level cannot apply with accuracy to all points of an
ever-changing surface upon the same degree of latitude. In all cases the instructions
set forth in detail the manner in which legal corners should be established, marked,
and witnessed for subsequent identification.
Notwithstanding these precautions, it is often found necessary, in response to charges
or complaints filed by residents, to institute special examinations, testing the fidelity
of adherence by sworn deputies to the letter of their obligations.
For these examinations, see annual reports of the Commissioner of the General Land
Office.
WHAT LANDS ARE SURVEYED.
Under date August 23, 1876, instructions, modified in accordance with the require-
ments of the act of appropriation, were issued by the Commissioner of the General
Land Office to the several surveyors-general, substantially as follows:
By an act making appropriations for Sundry civil expenses of the government for
the fiscal year ending June 30, 1877, and for other purposes, approved July 31, 1876,
there was appropriated :
1st. “For survey of the public lands and private land claims, three hundred thou-
sand dollars: Provided, That the sum hereby appropriated shall be expended in such
surveys as the public interest may require, under the direction of the Commissioner of
the General Land Office, with the approval of the Secretary of the Interior, and at
such rates as the Secretary of the Interior shall prescribe, not exceeding the rate herein
authorized: Provided, That no lands shall be surveyed under this appropriation except—
“First. Those adapted to agriculture without artificial irrigation,
“Second. Irrigable lands, or such as can be redeemed, and for which there is suffi-
cient accessible water for the reclamation and cultivation of the same, not otherwise
utilized or claimed.
“Third. Timber lands bearing timber of commercial value.
“Fourth. Coal lands containing coal of commercial value.
“Fifth. Exterior boundary of town sites. -
“Sixth. Private land claims. -
“The cost of such surveys shall not exceed ten dollars per mile for standard lines,
and the starting-point for said surveys may be established by triangulation ; seven
dollars for township and six dollars for section lines, except that the Commissioner of
the General Land Office may allow for the survey of standard lines in heavily timbered
land a sum not exceeding thirteen dollars per mile.”. “And provided further, That before
any land granted to any railroad company by the United States shall be conveyed to
such company, or any person entitled thereto under any of the acts incorporating or
relating to said company, unless such company is exempted by law from the payment
of such cost, there shall first be paid into the Treasury of the United States the cost
186 SURVEYs of THE PUBLIC LANDS.
of surveying, collecting, and conveying the same by the said company or persons in
interest.” - - -
In conformity to law the Secretary of the Interior, under date of the 22d. instant
(August, 1876), out of said appropriation of $300,000, apportioned the sum of $13,500
for the surveys in your surveying district at the rates prescribed by law, which must
not be exceeded in letting contracts for the field-work, specifically authorized under the
sia, heads hereinbefore enumerated, and you are hereby directed not to expend any portion
of the apportionment in the survey of any other quality of lands than such as are
prescribed. ,'
This system still continues.
CLASSIFICATION OR DEFINITION."
Under existing laws, the deputy Surveyors note the character of the lands in their field-
notes, as agricultural, timber, mineral, &c., and the natural and artificial objects. These
are entered upon the township plats in detail, showing the topography of the surveyed
township. This description is subject to correction or amendment by proof, in the
manner indicated by the “Instructions from the General Land Office;” also, “Instruc-
tions in cases of contest and charges of fraud.” See accompanying map for illustration
of classification by a deputy surveyor, being copy of a township plat on file in the
district land office at Salt Lake City, Utah, and from which the lands are sold by the
district officers.
GEOLOGICAL SURVEYS UNIDER GENERAL LAND OFFICE.
The lead, copper, and other minèral lands in Iowa, Michigan, Minnesota, Wisconsin,
and Missouri were first the subject of a geological survey under the General Land
Office, and after this were surveyed under the rectangular or usual system, and sold
in legal sub-divisions, the soil carrying with it the mineral.
The following table shows the geological surveys of the public domain under the
General Land Office :
Geological surveys of public domain under the General Land Office.

State and Territory. Ramº ºgeolo. Acts of Congress. Un; ºtes Date #.instrue.
Southern Peninsula of Michi. Douglas Houghton. June 17, 1844 Vol. 5, p. 691...] June 25, 1844.
gan. -
Chippewa land district, Wis- David Dale Owen. March 3, 1847 Vol. 9, p. 165..| April 16, 1847.
consin and Iowa. - -
Lake Superior land district, Charles T.Jackson. March 1, 1847 Vol. 9, p. 146. - April 16, 1847.
Michgan.
Do. Whitney & Foster. March 1, 1847 Vol. 9, p. 146. May 16, 1849,
Oregon and Washington. . . . . . John Evans. . . . . #. ; # ; Vol. 10, p. 650 #; #.
Nº. Wyoming, and | Ferd. V. Hayden...] March 2, 1867 Vol. 14, p.470. April 29, 1867.
Oloy’2,010.
Wyoming and Colorado. ----do.-----...----- July 20, 1868 Vol. 15, p. 119. - July 28, 1868.
The geological survey of the Territories of the United States by F. W. Hayden was
continued under authority of act of Congress approved March 3, 1869 (15 Stats., p. 306),
under the direction of the Secretary of the Interior exclusively, and discontinued on
the 30th day of June, 1879. (See 20 Stats., p. 394.)
METHOD OF SURVEYING MINERAL CLAIMS.
Under the provisions of the mining act of July 26, 1866, the surveyors-general of the
several districts divided their jurisdictions into mineral surveying districts, by group-
* Section 2409, Revised Statutes, authorizes the Secretary of the Interior to introduce the geodetic
method of surveys of public lands in Oregon and California, if he deems it advisable, and section 2410
provides for a departure from the rectangular method of survey in California, if he deems proper. He
may also vary the lines of survey from a rectangular form—to suit the circumstances of the country—
in Nevada.
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SURVEYS OF THE PUBLIC LANDS. 187
ing counties or parts of counties, and gave each district a numerical designation from
one upward. Deputy mineral surveyors were appointed for each of these districts by
the surveyors-general. Lode claims were limited in length to not exceeding 200 feet for
each individual, with one additional claim for discovery; no location by an association
of individuals to exceed 3,000 feet. The width of locations was regulated by the local
rules of miners in each district.
The method of application for survey and return of survey of a mining claim, in
compliance with the act above stated, can be found in the act and in the instructions
from the General Land Office on this subject, of date January 14, 1867. This system
of establishing mineral surveying districts for mineral surveys was discontinued by
the act of May 10, 1872. -
The act of May 10, 1872, was to cure the defects in the act of July 26, 1866, and to
complete a system of survey and disposition of mineral lands, containing gold, silver,
cinnabar, and other valuable minerals.
Under this act the surveyors-general appoint a sufficient number of surveyors of
mineral claims, called deputy Imineral Surveyors. The maximum rates of charges for
such surveys may be fixed by the Commissioner of the General Land Office. (See R.
S., sec. 2334.) y
Claimants pay all expenses of survey, and make déposits for platting and other
expenses up to the issuing of patents. The statute provides the method of posting
and other incidents pertaining to the procedure for obtaining patent. Mineral dis-
tricts can be formed from the public domain, whether surveyed or not. (See chapter
on “Mines on the Public Domain.”)
CLASSIFICATION OF MINERAL LAND.
The method of classification of mineral lands on the public domain, when the lines
of the public surveys are being extended over them, is as follows:
At the time of survey in the field the deputy surveyor notes on his field-notes
(which remain permanently in the surveyor-general’s office, a copy being sent to the
Commissioner of the General Land Office) the character of the country, both from
observation and information from persons, if any there be, having knowledge of the
same. This makes up the general topography. He describes the country by sections
one mile square. When the deputy makes up his plats he enters upon them the topog-
raphy noted in his field-notes and returns the same to the surveyor-general, who pre-
pares three copies thereof. One of the township plats, with a copy of the field-notes,
is sent to the General Land Office, to be used in checking all entries or changes of
entries made in the district land office. If the land surveyed is returned as mineral,
the Commissioner at once issues notice to the land office of the district in which the
lands lie of the withdrawal of the same from agricultural or entry other than as
mineral. Claimants of mining claims may make application for survey to the Sur-
veyor-general, as provided by law, and the surveys of their claims will be made by a
mineral deputy, with or without reference to the lines of the rectangular system.
Still they can and may be used for points of determination and reference. Proof is
admissible, upon contest in the district land offices between claimants, as to its min-
eral or non-mineral character. The register and receiver render an opinion on the case,
which is forwarded to and approved or disapproved by the Commissioner of the Gen-
eral Land Office, and after his action is subject to appeal to the Secretary of the Inte-
rior. In case the rectangular surveys are not extended over the lands containing min-
eral, the claimant, whether a mining district has been formed by the miners or not,
applies to the surveyor-general, who orders a survey by a deputy mineral Surveyor,
and the law is followed. Mining claims are surveyed whether public land surveys
have been made or not. The survey of a mining claim—lode, vein, or placer—has no
reference necessarily to any other surveys or system of surveys. (Sections 2330, 2331,
R. S.; see accompanying maps.)
Placer claims, not exceeding 160 acres, located in conformity with law, may be sur-
veyed independent of the land-parceling surveys; but when they are within the limits
188 SURVEYS OF THE PUBLIC LANDS.
of surveyed lands and conform to legal subdivisions, no further survey is necessary.
All placer claims after May 10, 1872, must conform as nearly as possible to the land-
parceling or rectangular system of surveys. Ten-acre claims are recognized; forty-
acre lots being subdivided into ten-acre lots.
THE BENEFITS OF THE PRESENT SYSTEM OF LAND PARCELING.
The rectangular system came in at the birth of the public domain. It started prior
to the opening of the lands for sale in the territory northwest of the river Ohio, in the
survey of the first seven ranges of townships therein adjoining Pennsylvania. It after-
ward covered the territory south of the river Ohio, and thence was applied to the old
Natchez settlement, in the present State of Mississippi. It now extends over portions,
if not all, of every land State and Territory in the Union. It has been in operation
for about ninety years, and has been a faithful friend to the settlers on the public
domain.
In the extensive sphere over which the surveys have progressed from Florida, on
the Atlantic, and westward to the Pacific, including all the public land States and
Territories of the Union, with the exception of Alaska, formerly Russian America, the
system has worked satisfactorily, furnishing facilities for the aquisition of public lands
in any region of the country, and methods for the restoration of landmarks which may
be lost or destroyed by time or accident. Adequate means exist in the surrounding
landmarks of the adjacent public surveys, whereby missing metes and bounds can be
restored in accordance with the originalfield-notes thereof, and the designations placed
on township plats. Its recommendations to the public lie in its economy, simplicity,
and brevity of description in deeding the premises by patent and for future convey-
ancipg, and in the convenience of reference from the most minute legal subdivision to
the corners and lines of Sections, and of townships, of given principal base and me-
ridians. Its greatest convenience is its extreme simplicity of description. Any person,
by its monuments and markings, can readily find the tract sought for. It was orig-
inated for land-parceling for sale, and it has answered the purpose. The system now
extends over the whole surface of the States of Ohio, Indiana, Illinois, Michigan,
Arkansas, Mississippi, Alabama, Missouri, Wisconsin, Iowa, Kansas, and portions of the
States of Florida, Louisiana, Nevada, Minnesota, Nebraska, California, Oregon, and
Colorado; also in the Territories of Washington, Utah, Montana, Idaho, Wyoming,
Arizona, New Mexico, and Dakota, and the Indian Territory.
AREA OF SURVEYED LANDS.
To June 30, 1880.
[See pages 574–1241.]
The total area surveyed under this system is 752,557,195 acres in the various land
States and Territories, as is shown by the following tabular statement:
WEST Mou NTAIN MINING D 1st Rict,
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MAP showing method of locating and Surveying Mining Claims in a Mineral District where the lines of the Rectangular system of surveying have not been run .
(t !) -
To Accompany THE "PUBLIC DOMAIN, BY THos. DonALDson.



















































































































































































































=> -
SUMMIT \"ALLEY MINING DISTRICT DEER LOD GE COUNTY.
BUTTE C HTY. M. O. NTA N A.
B Uſ TTE
TOWN SITE .
12.
103-4.
iſ 3
W. A. z/."
. . M.A. P
showing rectangular survey of public land (usual method) with the survey of a Mineral District there in .
showing method of Quartz or Lode claim locations. -
Z certiſ, that this plat is corectly copied from the origina/s or file in this office,
and 9/oirs the exact docus of all mineral claims in Zowns/ºp 3 Aorth Ranges 7 and & Vºsſ,
which have been approved up to date.
W.S. Surveyors General & 0/7′ce,
Helena, M. 7 &zternãer 26% /&79.
Roswell H. Mason
(f }) -
TO ACCOMPANY THE PUBLIC DOMAIN, BY THos. Don ALD son. - ?’.5. Surveyor General fºr Afontana ,

SURVEYS OF THE PUBLIC LANDS.
189
Tabular statement showing the number of acres of public lands 8wrveyed in the following land
States and Territories up to June 30, 1879, during the present fiscal year, and the total of
the public lands surveyed up to June 30, 1880; also, the total area of the public domain re-
maining unsurveyed within the 8ame.

- * º, -->
Area of public lands § ### 3.
in States and Ter- Number of acres of public lands surveyed. # # *::::
ritories. H #8; £,
re 5 & 5 §
#####,
c. 35 §es cº * 5 ###
. c; § - $3.3 cro 3 80 g ºff º
Land States and g § T. go ...”. § ######
Territories. 3 * §3. §§ 5 ăſă.3 5%
& : 3 §§ §§ es ... '3'3's 33 T.
8 GD E 9 g = 3% : 5 & 325:
e GD 5 Ho 35 . 5 * o," § 3.; 33.9
3 § Hy 3+? a tº ; § 2.É.is 5
5 ë. 3 * = #: #5 * º'E:33:45
cº Ǻ t .3 g 3 £º --> 3 : B § cº o
g ſº ; : R → e 5 .º 3 ºf .; P & 33
5 H-4 P P+ B: 8- H
Wisconsin..... . . 34, 511,360. 53,924 34, 511, 360|-----------. |------------. 34, 511, 360]. ------------
Iowa. -----------. 35, 228,800 55, 045, 35, 228, 800. -- - - - - - - - - - |. ----. -------|35, 228,800 -------------
Minnesota ... .... 53, 459, 840, 83,531| 39, 536,940 116,224. 14, 296,253.46. 39, 949,417 13, 510, 423
Ransas...--------. 51, 770, 240 80,891| 51, 770, 240|- - - - - - - - - - - - - - - - - - - - - - - -. 51, 770, 240|- - - - - - - - - - - - -
Nebraska. ..... --. 48,636, 800, 75,995 40, 715,571 159,842.68| 709, 179.33 41, 584,593 7,052, 207
California. --...--. 100,992, 640 157,801| 47,979, 543 576,875.65 3, 792, 630. 10|52, 349,048; 48, 643, 592
Nevada ---...----. 71, 737, 600 112,090 12, 372, 308|... - - - - - - - - - 928, 694. 07 13, 301,002 58,436,598
Oregon ----------- 60,975, 360 95,274 21,913, 612 101, 186.85| 1,052,221.85 23,067,020 37,908, 340
Washington...... 44, 796, 160 69,994. 14,736, 403 ±375, 176.67 847, 595. 29, 15, 959, 175 28,836,985
Colorado ... --..... 66, 880, 000 104,500 23,354, 523 92, 196. 10 2,775, 601.81| 26, 222, 321| 40, 657, 679
Utah. ------------ 54,064, 640 84,476, 9,341, 375|............ 440, 585.79 9, 781, 960 44, 282,680
Arizona ---------. 72,906, 240 113,916 5, 499, 353|....... -- - - - 308,521. 21| 5, S07, 874 67,098, 366
New Mexico...... 77, 568, 640 121, 201| 8, 843, 890. 75,603.97|1,624, 156.41| 10,543,650 67,024,990
Dakota. ---------. 96, 596,480 150,932 22,626, 770 *416, 798.84|f2, 130,808. 59 25, 174, 377; 71,422, 103
Idaho ------------ 55,228, 160 86,294 6,933, 429 329, 726.08 225,637. 24 7,488. 792 47,739, 368
Montana ...... --. 92,016, 640 143,776|| 11,062, 551|............ 302, 413. 55 11,364,964. 80, 651, 676
Wyoming . . . . . . . . 62, 645, 120. 97,883 9,079, 186|... . . . .----. 184,449.68| 9, 263, 635. 53,381,485
Missouri - - - - - - .. 41, 836,931 65,370 41, 836,931|...... -----. ------...----. 41, 836,931|- - - - - - - - - - - - -
Alabama ... ------ 32, 462, 115 50, 722. 32, 462, 115 ... - - - - - - - - - |. --------- - - || 32,462, 115|-------------
Mississippi....... 30, 179, 840, 47, 156 30, 179, 840 - - - - - - - - - - - |... -- - - - - - - - - 30, 179, 840 - - - - - - - - - - - - -
Louisiana ---...--. 26, 461, 440 41,346 25, 232, 044: ...... -- - - - - 80, 504. 58 25.312, 548 1, 148,892
Arkansas ---. ---. 33,410,063 52 202. 33,410,063 - - - - - - - - - - - |....... -----. 33, 410, 063|- - - - - - - - - - - - -
Florida... --...----- 37, 931, 520 59,268 30, 151,946. 23,081.51|...... tº us tº sº is tº e 30, 175,027 7, 756,493
Ohio ------------- 25, 576, 960|| 39,964. 25, 576, 960|...... ------|--- - - - - - - - - - - 25, 576,960|-------------
Indiana ---...----. 21, 637, 760 33,809| 21, 637, 760|.......----. |....... -----. 21, 637, 760]. ------------
Michigan - - - - - - -. 36, 128,640. 56, 451 36, 128,640|........... - |....... -----. 36, 128,640. ------------
Illinois - - - - - - - - - - 35, 465,093 55,414 35, 465,093}.......-----|------...----. 35, 465,093).----. -------
Indian Territory. 44, 154, 240 68,991 27,003, 990|............ ....... -----. 27,003,990. 17, 150,250
Alaska - - - - -----. 369, 529, 600 577, 390).----------|------------|-------------|. - - - - - - - - - - 369, 529, 600
Public land strip. 6,912,000. 10, 800). ----------|------------|-------------|----------. 6,912,000
1, 814, 788, * 835, 606
734,591, *
|
2,266,712.49
15, 699, 252.96
752, 557, 195
1. 069,143,727
*208,299.30 acres are embraced in Red Cloud and Spotted Tail Indian reservations.
f 67,063.90 acres are embraced in Red Cloud and Spotted Tail Indian reservations.
COSTS OF SURVEYING UNDER RECTANGULAR SYSTEM.
The price per mile for surveying has varied with the several acts. Under the ordi-
nance of May 20, 1785, the surveyor was allowed at the rate of $2 per mile for every milé
in length he should run, including the wages of chain carriers, markers, and every other
expense attending the same.
Under the powers to the Board of Treasury to sell western territory, July 23, 1787,
the Ohio Company were to survey the lands of their purchase into townships and other
subdivisions, as provided in the survey ordinance above set out, at their own expense,
and return the plat to the Board of Treasury. Under the ordinance of July 9, 1788,
supplemental to the one of May 20, 1785, the surveyors to be appointed by the geogra-
pher to lay off lands and locate warrants thereon were to receive for their compensa-
tion an allowance to be fixed by the governor and judges of the western territory.
Under the act of 1796, May 18, the President of the United States was to fix the com-
pensation of the assistant surveyors, chain carriers, and axe men, provided the whole
190 SURVEYS OF THE PUBLIC LANDS.
expense should not exceed $3 per mile. This price was continued in the act of May,
10, 1800.
The price has varied, owing to topographical features, as in wooded or swamp country,
for which from $3 to $20 have been paid in Missouri and other land States. The sev-
eral acts of Congress up to 1860 will give the prices paid per mile.
TABLES SHOWING COST OF SURVEYS FROM 1860 TO 1881.
The following table will give the variations in prices of surveys from 1860 to 1881:
Statement of rates paid per linear mile, from 1860 to 1881, inclusive.

1860. 1861. 1862. 1863. 1864. | 1865. 1866. 1867.
©
ºt * * * ; :#| || 3 ||3| ||= |3| | 3 |#| || 3 |#| || 3 |#| || 3 |#| ||= 3
States and Territories. ##|s # F#|s|| 3 ||3|g ÉÉ|3|E|3|E|35|s ##|a : ;|g
#|########|####|###########
: ; ; 3| 3 #| 3 ||3|3| 3 ||3|E|| 3 |É|3| : º 5 || $2
###|###|#########|##|}|##|}|###
Arizona --------------------------. --.]...|..|...|..|..|- . . . . . . $15|12|10&15||12|10|$15||12|10 $15,1210.315||12|10
California.------------------------. $16|12|12:#16|12|12|3.16:12:12; 16|12|12| 1612|12| 1612||12, 1512|10| 1512:10
$.” * * * * * * : * * * tº E = e s = & m sº tº sº º sº as s sº is as -- . . . . . . . . . . . . . . . . 10| 8 7 i. ; 7|10| 8 7 10| 8 || 7 || 10 8 7 10 8, 7
akota ---------------------------- 10| 6 5ſ 10| 6 5 10| 6 5) 10| 6 5 10| 6 5 10| 6 || 5 10; 7 (; 10 7| 6
Florida. ---. gº as as as sº as sº as as sº ºn s m = * * * * * * * * * 7| 6 4--. ... --|---|--|--|---|--|--|---|--|-- * * : * * - I ºr º ºm º # = & * *
Idaho ----------------------------. & vº --|---|--|--|--, --|--|--. |--|--|-- . . . . . . . 15|12|10| 151210) 15:12:10
Louisiana.----------- "-------------- 8| 7 || 4|... . º. * * : * * r * * | * * = | * * I e º f * * g I e s w = * * * * * * * * | * = . . º º ſº *
#. * tº º sº as sº ºr as sº sº sº ºr sº ºff as e & sº m sº tº ºr m = s 10| 6 || 5 || 10 6 5ſ 10; 6 5ſ 10| G|| 5 10; 9| 6 || 10| 7 || 6′ 10| 7 || 6 || 10| 7 || 6
Ontana. -------------------------. * * * s = [ s = - i s a I & = i s = e i s = | * * | * * - I • * | * = i < * I is e i < - I - - - - * . . . 15:10| 8
Nebraska ------------------------- 10| 6|| 5 || 10| 6 5 10| 6 || 5 || 10| 6 || 5 || 10 6, 5 10 G|| || 10| G. 5, 10 6, 5
Nevada. . .------------------------. . . . . . . . . . . . . . . 2013||12| 15|12|12|- . . . . . . . . . . . . . . 151210 151210
New Mexico.---------------------. 10| 8 7 10 8 7 10| 8 7 10| 8 7 10 8 7 10 t|7|10| 8 7 10.8 7
Oregon.--------- * * * * * * * * * * * * * * * s tº º sº. 8| 8 || 8 || 8 8 8, 8, 8, 8; 8 8| 6 || 8 8 6|| 8 || 8 || 6 || 15:12|10| 15:12:10
ah------------------------------ 20|12|12| 2012:12, 2012|12| 2012|12|- - - - - . . . . . - - - - - - - *
ashington ----------------------- 8| 8 || 8 || 8 || 8 8| 8 8| 8 || 8 || 8 || 6 || 8 8 6, 15||12|10| 15|12|10| 15:12:10
1868. 1869, 1870. 1871 1872 1873 1874.
- * * * G| | | > | c.| | | | | 5 | | | | | c. : | c. : i. : 3.
ates and Territories. Tº |º] . . 'E | F. . . 's 'F' . . ; ; ; , ; "E. E. . . ; F. . "º "r: .
St. * |##|s|3|#|s|}|#|s|| 3 |#| 3 | # #| 3 || 3 | #| 3 |#| #|a
#|#####|#|##|#|##|#|#|#|#| 5 |##| = |}
3 ||3|3| 3 ||3 $3 || 3 || 5 || $2 CD $ 5 cº º 3 $:
###|###| #|3}| 3 |É| 3 || 3 |3| 3 | #| 3 || 3 |#| 3 |}
Arizona ----------------...--. $15||12|10315||12|10| $15 º sº $15|12|10 || $15 1210 $15 1210
California------------------- 15||12|10| 15||12|10 15210; };}} #! #| #} 15, 1412
Colorado -----...------------. 15||12|10| 15||12|10| 15||12|10| 1512:10 151210 15 12.10 | 15, 12; .)
#: * * * * * * * * * * * * * * * * * * * * * * * 10| 7 || 6 10| 7 || 6 Milº 10|7| 6 || 10|7| 6 || 10 7| 6 || 12 |;
orida. ---------------------- sº tº a ºf s : * - º --|- - - ||--|--| 10| 7 || 6 || 10 10; 7| 6 || 10: 7
Idaho -----------------------. 15|12|10| 15|12|10| 15||1310| 151210 | 15 º 10 | 15 12:10 | 15; 12 10
#. * * * * = º is ºs as ... • * * * * * * * * * * 10|7| 6||10|7|6| 10|7| 6 #; # *i; }; i, º,
innesota. ------------------- 10|| 7 || 6 || 1 15||12.10 1512;10 || 14 12:10 || 14 121
Montana --------------------. sº 15|12|10| 15|12|10| 15:1210 | 151210 | 15 1210 | 15 1210
Mebraska -------------------. 10| 6 || 5 10 10.3, 19.1, 10.6.5 | 12 gº | 12 g.:
Nevada ---------------------. 15||12|10| 15|12|10| 15||12|10| 1512'10 1512.10 15 1910 || 15, 310
T & sº izº;; 1412 Q is $ 14:12
New Mexico - - - - - - - - - - - - - . . . . 10| 8 7 10| 8 7 15:12:10; . . . . . . . . . . . ####| 158; 15%;
--- 10.1512
Oregon.---------------------- 15|12|10| 15||12|10 # #! ###! ; 151210 | 15, 1210 | 15, 1210
* 151210 | 15 1412 | 15, 1412
Utah----------------------- º::: * * * # # ##|###
Washington.-----...---------| 15|12|10| 15|12|10| 15|12|10| 151210 || 151219 | 15 12.10 || 15 išić
Wyoming --------------------|--|-- ----|--|- iſºlo #: isºlo is is 10 is lºo
* i
• SURVEYS OF THE PUBLIC LANDS. 191
Statement of rates paid per linear mile, &c.—(Continued.)


1875. 1876. 1877. 1878. 1879. 1880. 1881.
s , , • ºs . . e. g tº sº • d. • ºil : d.
States and Territories, Tº 3| 2 | E # : E # ;| E # ;|T: ā|2|E|3|-|3||s
3 g| 5 3 ||3| 5 || 3 || 3 |5|| 3 ||3|5|3 g|5|3 g|5|3|2|5
#|##|##|#| || 3 #| || |###########
* | 3 || $2 § 3 & X § 3 $2| 3 || 3 $3| 3 || 3 |: 3 $2 3 || 3:
# =|#| 3 || 3 | # § 3 ; Śiś|#########
e . *::: |al $ $10; 7,6310| 7| 6′310|7| 6′312|10| 8
Arizona ------------------------ º $1512 10 } i: ; 7 d; #| || || || ||
* Prºv, was 1514|12 || 1514|12 | 16 & 2, a 10. 7 6 10| 7| 6 10| 7 || 6 12|10
California ---------------------. 18|1614 | 181614 | 13 ; 4 gº 16:14|10| 1614|10| 1614|10| 161410
Colorado {{: 1210 | 15|12|10 || 10 37 6 : 10.7, 19.7 g 19.7.3, 1210,8
* * * * * * * * * * * * * * * * * * * * * * * 18|16.14 18|1614 13 #! #! 16|14|10| 16|14|10
e 1 o! 10 7| 6 10|| 7 || 6 10| 7| 6 12|10| 8
Dakota.------------------ vº º º ºs º- tº 12| 9| 8 12| 9| 8 10 7 6; 16:14 º ##! #| || 16|1410
aris. 10| 7 || 6 || 10| 7 || 6 10| 7 || 6 | 12:10| 8
"oniº. --------------------. 12|12|10 || 12:12:10 10 7 6: 1614|40 16,1410 161410 1614|10
Idaho sº- #: 1210 | 15|12|10 10 $7 6|$ 10.7|, | 19.7i.; 19.7.3, 1219.3
* * * * * * * * * * * * * * * * * - * * * * * * * * * lsº 18|1614 || 13 : 1614 1. 16:14|10| 16|i:#10| 161410
* * | 10; 7 6 10; 7| 6 10| 7 || 6 1230|| 8
Louisiana --------------------. º & gº tº º 10| 7 6: 1614|19||1314|10| 1614|10| 1614|19
q : º 10 7 6 10, 7] G 10| 7 || 6 12|10| 8
Minnesota --------------------. 15 º 15 º 10| 7 6; 16, 14 | šiji 1614;1(; 16 i. 1.
* 10 & 10| 7 || 6 10| 7 6 10| 7 || 6 12
Montana ----------------------- 15 * 15||12'10 } ; : 7 d; #|| tº 1415 1614|19||1314|ig
+ i * | 1 , s $ 10 7| 6 10, 7| 6; 10) 7| 6 12|10| 8
Nebraska. ------------------...--. 15 º 15||12|10 10| 7 6; #: | 16.14|10| 1614|10| 16|14|10.
* |-| < t , 10 7 6 10| 7 6 10| 7 || 6 12|10| 8
Nevada -----------------------. * 15|12|10 .j - 10| 7 6; #: 1. # #| || ||
Sr. tº tº 15|14} 12 10 7| 6 || 0 7| 6 10| 7 || 6 12
New Mexico. ---...--------...--. lsº #}| ſo 7 |G: { 13|{iji; ; ; ; ; #||
15|1412 * | * #|} , K. 10; 7| G 10| 7 6 10| 7 || 6 | 12:10
Oregon.-----------------------. {}; #: #210 } 13 : d; ##! #: |##| ||
* | 5 | 1:210 10 10 7.6 10. 7 6 10|7| 6 12|10| 8
Utah-------------- ------------- 13||1310 |{{#ti i; 37 6: 1614 ! # 10| 1614:10 16 i. |
tº 15|14|12 || 15||12|10 10 , Q 10| 7 || 6} 10| 7| 6 10| 7 || 6 12
Washington.--------------...-. 18|1614 | 181614 13 ; 7 6; #! 1614:10 16|14:10 #: |g
15 12:10 5. i ! :º) ' 10 10| 7 || 6 10| 7 || 6 10|| 7 || 6 12
Wyoming --------------....... #: * } 13 ; 7 6; 1911, 191410, 1941) 11:10
HIGHEST PRICES FOR SURVEYS AT WARIOUS PERIODS.
The highest prices for surveying were as follows:
For State and Territorial boundary surveys, astronomically determined, $75 perlinear
mile. For surveys of out-boundaries of Indian reservations, $25 per lineal mile. For
Surveys of public lands, for principal bases and meridians, standard parallels, $20 per
linear mile, and for township lines $18, and section lines $12.
The surveying rates prescribed by law for the survey of the public land has ranged
from $3 to $20 per linear mile at various times.
APPROPRIATIONS FOR SURVEYS.
It was the custom prior to J uly 31, 1876, for Congress to make appropriations annu-
ally for each surveying district by separate item.
July 31, 1876 (19 Stats., p. 120), Congress changed the method of appropriation by
giving a gross sum for annual surveys, without specifying surveying districts, States,
or Territories; which system now exists. The Secretary of the Interior, under this
law, annually apportions the same to the severalsurveying districts as in his judgment
is deemed best.
PRESENT COST OF SURVEYING A TOWNSHIP.
DECEMBER 1, 1883.
It now costs to survey the exterior and subdivision lines of a township of land the
following sums: g t
A township of land contains 12 miles of exterior and about 60 miles of section lines.
The prices allowed by existing law are $12 for standard and meridian lines, $10 for ex-
terior township lines, and $8 for section lines, per mile, except where the lands are
heavily timbered, mountainous, or covered with dense undergrowth, when $16 per
mile are allowed for standard, $14 for township, and $10 for section lines.
192 SURVEYS OF THE PUBLIC LANDS.
The cost of survey of the lines of one township at the ordinary rates is $600, and at
the augmented rates is $768, not including anything for meander lines, or for the
standard and meridian lines run in reaching and controlling the township surveys.
At the ordinary rates it costs for the field-work alone about 24 cents, and at the aug-
mented rates about 3% cents, per acre. Add one cent to each of the above sums for the
cost of disposing of the land, including expenses of the General Land Office, and it gives
3+ cents as the cost of Survey and Sale of Ordinary lands, and 4+ cents as cost of sur-
vey and sale of timbered and mountainous lands, per acre.
COMPARATIVE PROGRESS OF SURVEYS DURING SIX YEARS LAST PAST.
The following table exhibits the comparative progress of the surveys and disposal
of public lands during the period of six years beginning with the 1st day of July, 1874,
and ending on the 30th June, 1880. It also shows the cost of the surveys in the field,
including compensation to surveyors-general, their clerks and draughtsmen, and the
incidental expenses of their offices, together with the number of the surveying and
land districts.
Progress of surveys and disposal of public lands during a period of six years, &c.
§ # 3 ;
.S3 s" ->
5 #: 5
..? £3. 3, Number of acres—
e - rº; a, ; : E
Fiscal year ending June 30. 80 § É &É
à | # gā3;
º rº- Tº: E º:
£ E. ####. S 1. D
º C - -
# H C urveyed. | Disposed of.
1875------------------------------------------. 17 | 97 $1,030, 180 24 26,077, 351 7,070,271 29
1876-----...- : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 17 97 1, 269, 321 94 | 20, 271, 506 6, 524, 326 26
1877....... - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 17 | 99 550,054 03 10,847,082 4,849, 767 70
1878.------------------------------------------ I6 98 523, 786 76 8,041,012 8,686, 178 88
1879.-----------------------------------. -----. 16 93 525, 707 00 8,455, 784 || 9,333,383 29
1880------------------------------------------. 16 97 673, 763 69 15,632, 189 || 9, 152,356 62
COST OF SURVEY'S AND DISPOSITION FROM 1785 TO 1880.
The cost of the surveys of the public land and private land claims from the begin-
ning of the system to June 30, 1880, including maintenance of offices of Surveyors-
general, is estimated at $24,468,691, covering the survey of 752,557,195 acres, or at the
rate of 34 cents per acre. The cost of disposition has been $22,094,611.07, or 2.9 cent.
per acre, a total cost of 6.2 cents per acre for survey and sale.
RE-ESTABLISHING THE LINES OF PUBLIC SURVEYS.
[See page 669.]
The original corners, when they can be found, must stand under the statute as the
...true corners they were intended to represent, even though not exactly where strict pro-
fessional care might have placed them in the first instance. Missing corners must be
re-established in the identical localities they originally occupied. When the spot can-
—not be determined by the existing landmarks in the field, resort must be had to the
field-notes of the original survey. The law provides that the length of the lines, as
stated in the original field-notes, shall be considered as the true lengths, and the dis-
-— -----tances between corners set down in those notes constitute proper data from which
to determine the true locality of a missing corner; hence the rule that all such should
, - ...be restored at distances proportionate to the original measurements between existing
original landmarks. * -- ~~~~~... . . . .--------- ~~~~--

SURVEYS OF THE PUBLIC LANDS. 193
LAWS AND RULES GOVERNING THE SUBDIVISION OF SECTIONS OF PUBLIC LANDS.
Information is frequently called for in reference to the rules prevailing in the sur-
veys and subdivisions. The acts of Congress approved May 10, 1800, section 3 (2 Stats.,
p. 73), and February 11, 1805 (2 Stats., pp. 313,314), regulate the mode of proceeding.
Although the statute of 1805 does not require actual running and marking the in-
terior lines of a section by the Government surveyors, it prescribes certain principles
upon which the division lines may be ascertained and the lands sold by legal subdj-
visions, as laid down on township plats by surveyors-general.
The subdivision of a quarter-section, provided for by section 1, act of Congress
approved April 24, 1820 (3 Stats., p. 566), is as follows:
And in every case of the division of a quarter-section, the line for the division
thereof shall run north and South, and corners and contents of half-quarter-sections
which may thereafter be sold shall be ascertained in the manner and on the principles
directed and prescribed by the second section of an act entitled “An act concerning
the mode of surveying the public lands of the United Stated,” passed on the eleventh
day of February, eighteen hundred and five; and fractional sections containing ene
hundred and sixty acres or upwards shall in like manner, as nearly as practicable,
be subdivided into half-quarter-sections, under such rules and regulations as may be
prescribed by the Secretary of the Treasury.
In pursuance of the foregoing act of Congress, the Secretary of the Treasury, then
having jurisdiction, directed the subdivision of fractional sections into half-quarters
by north and South or east and west lines, so as to preserve the most colmpact and com-
venient forms, together with the quantity contained in each subdivision.
The act of Congress approved April 5 1832 (4 Stats., p. 503), provides for the sub-
division of a half-quarter-sections thus:
And in every case of a division of a half-quarter-section, the line for the division
thereof shall run east and west, and the corners and contents of quarter-quarter-sec-
tions which may thereafter be sold shall be ascertained as nearly as may be in the
manner and on the principles directed and prescribed by the second section of an act
entitled “An act conceruing the mode of surveying the public lands of the United
States,” passed on the eleventh day of February, eighteen hundred and five, and frac-
tional sections containing fewer or more than one hundred and sixty acres shall in like
manner, as nearly as may be practicable, be subdivided into quarter-quarter-sections,
under such rules and regulations as may be prescribed by the Secretary of the Treasury.
In accordance with these legal provisions, the Secretary of the Treasury, in 1834,
directed the subdivision of sections into quarter-quarter-sections as follows:
In all cases where the quantity of the fractional section, or the portion thereof re-
maining unsold and liable to be subdivided under the act of the 5th April 1832, admits
of the sale of one or more quarter-sections, you will subdivide such quarter-Sections
into quarter-quarter-sections, and they will be described by the registers as quarter-
quarter-sections.
Fractional sections containing less than 160 acres, after the subdivision into as many
quarter-quarter-sections as it is susceptible of, may be subdivided into lots, each con-
taining the quantity of a quarter-quarter, by so laying down the line of subdivision
that they shall be 20 chains wide; the distances are to be marked on the plat of sub-
division, which must show the areas of the quarter-quarters and residuary fractions.
The aforesaid legal provisions govern the methods employed for the survey and cal-
culation of areas of the fractional sections on the north and west of townships, such
surveys representing the proper boundaries, contents, and subdivisions of the several
sections, half-sections, quarter-sections, half-quarter sections, quarter-quarter-sections,
and fractions designated by special numbers.
13 L O—WOL III
194 SURVEYS OF THE PUBLIC LANDS.
CLOSING UP THE SURVEYS IN A SURVEYING DISTRICT,
A surveying district, in charge of a surveyor-general, is closed upon recommendation
of the Commissioner of the General Land Office, by special act of Congress when the
public domain therein is all surveyed, when the archives, plats, field-notes, &c., are
transferred to the authorities of the State in which the lands lie, and are kept at the
capital thereof, always subject, however, to the inspection of the United States.
The United States, under its system of surveys of public lands, has given to the land
States in which it has closed its surveys and disposed of its lands, and will give to the
States and Territories in which it is now closing surveys, a record of the same,
which for clearness and fidelity is unparalleled in the history of land surveys and
tenures. It is a complete transcript of the definition of metes and bounds of the sur-
face of the States over which it is laid. It prevents litigation, makes holdings cer-
tain, and the original derivation of title will never be obscured by musty vellum and
uncertain records.
#
SURVEYING DISTRICTS AND OFFCES OF SURVEYORS-GENERAL.
Statement showing dates of organization of the several surveying districts since the beginning of the service, dates of closing the offices of surveyors-general in
States where the 8wrveys have been completed, and dates when the original surveying archives were delivered to the State authorities.
Name of district.
Act creating
office of sur.
veyor - gen-
eral.
Archives delivered to State
authorities.
Remarks.
Čolorado............I.
Illinois and Missouri...
Iowa and Wisconsin...
Ramsas and Nebraska.--
Louisiana. --...---------.
Minnesota -------------
Mississippi -----------.
Montana --------------.
Nebraska and Iowa. --.
Nevada ----------------
New Mexico...........
Northwest of Ohio. . . . .
tº º gº º ſº ſº º se sº tº º & sº sº º º
gº tº ſº º gº tº ſº º sº sº as a g º º ºs ºn a
Apr. 20, 1818
Feb. 24, 1863
June 15, 1832
Mar. 3, 1851
Feb. 28, 1861
Mar. 2, 1861
May 8, 1822
June 29, 1866
Apr. 29, 1816
June 12, 1838
July 22, 1854
Mar. 3, 1831
Mar. 3, 1857
Mar. 3, 1817
Mar. 2, 1867
July 28, 1866
Mar. 2, 1861
July 22, 1854
May 18, 1796
Sept. 27, 1850
Feb. 21, 1855
-| Mar. 3, 1803
July 17, 1854
Feb. 5, 1870
*:::. at Office closed.
Vol. Page. Sec.
3 || 466 1 | 1850. ----------------------.
12 | 664 || 2 |------------------...-------.
4 531 ||--|--| March 8, 1859 ----...------.
9 617 l----|-----------------------------
12 172 | 17 l.---------------------------.
12 239 17 l------------------ ----------
3 718 ----|-----------------------------
14 77 ----|---------------------------.
3 || 325 |....| October 31, 1863............
5 | 243 |.... June 30, 1866. --...-----...--.
10 || 309 || 10 Kansas, June 30, 1876 -----.
4 492 ||----|-----------------------------
11 212 l----|----------------------------.
3 || 375 |....| October 31, 1849............
14 542 ----|----------------------------.
14 344 |----|-----------------------------
12 209 17 l.---------------------------.
10 308 || ---|-----------------------------
1 || 464 |. --- May 11, 1857 -----...--...--.
9 496 ||----|-----------------------------
10 611 tº tº gº. I tº ſº gº º E tº gº tº e º ºn tº gº ºn tº ſº ſº gº º ºs e s is sº am s m a. s.
2 229 | 10 ------------------- tº a s m = * * * * *
10 305 || 7 |.--------..... is tº dº ſº tº º ºs e º & m = ± = s.
16 64 1.--------------------------------
tº sº its tº ºs s a ſº º sº gº tº & º sº E m tº as sº º ºs º is º ºs º is 9
* * * * * * * * * * * * * * * * * s m s tº a sº e s = e º s
e & Gº tº º & E * * * * * * * *s º ºs e º 'º gº º ºs º ºs e tº dº sº.
* * * * * = e º ºs º gº tº ea ºs º is tº s º is as º ºs º m s is sº a
is ºs ºº & & sº tº sº * * * * * * * * * * * * * * * * * * * * =
{ Illinois, June 16, 1869.- ... ;
Missouri, Oct. 10, 1866. --
Iowa, March 23, 1868.... ;
Wisconsin, Aug. 1, 1866.
ansas, June 30, 1876.......
tº sº nº sº º sº tº s is nº gº tº tºs ºs º ºs º is as & & gº ºn as g º nº is a
* * * * * * * * * * * * * * * * = & sº tº º tº gº tº s sº & sº tº
& sº tº dº sº tº ſº tº º tº º ſº tº gº tº sº tº sº & E º 'º º sº * * * * *
* * * * * is tº sº a gº tº as gº ºn a gº º is sº * * * * * = g º sº ºn
as ºs º º gº ºs ºs º ºs = º º º tº sº º & E & sº º ºs º ºs e s = º ºs
Ohio, July 29, 1846.-----
Indiana, Dec. 11, 1849... ;
Michigan, May 12, 1857.-
ſº gº sº º tº gº sº tº gº tº gº º tº º is ºs º ºs º º ºs º ºs º ºs º ºs º º
sº as tº a s as * * * * * * * * * * * * * * * * @ me is sº as sº s
Originally part of district south of Tennessee, subsequently
part of district of northern part of Mississippi Territory.
Attached to New Mexico by act of July 2, 1864. Attached to
California district by act of March 2, 1867. Made separate
district, act July 11, 1870.
Archives delivered to state auditor by the register of land
office at Little Rock during the war.
See remarks for Arizona and Nevada.
See remarks for Utah, Idaho, and Nevada.
See remarks for Montana.
By the act of July 2, 1864, Idaho was attached to the Colorado
surveying district.
By act of July 28, 1866, the surveying district of Nebraska
and Iowa was created.
Originally part of district south of Tennessee.
By act of July 2, 1864, Montana was attached to Dakota sur-
veying district. No surveys made until 1867.
See Kansas and Nebraska.
By act March 14, 1862, Nevada attached to California. Act
July 2, 1864, Nevada attached to Colorado. Act July 4, 1866,
Nevada separate district. -
See remarks for Arizona.
This district embraced Ohio, Indiana, Illinois, Michigan, Wis-
consin, and part of Minnesota. See Illinois and Missouri,
also Iowa and Wisconsin.
This district embraced Washington Territory, which was
made a separate district by act of July 17, 1854.
Attached to Colorado by * of March 14, 1862. Made sepa-
rate district by act of July 16, 1868.
Act of March 2, 1805, extended powers of surveyor south of
Tennessee to Territory of Orleans. See Ala. and Miss.
SISSIppl.
See Oregon.

C H A PTE R W III.
To JUNE 30 AND DECEMBER 1, 1883.
[See Page 676.]
METHOD OF SALE, PRICE, AND DISPOSITION OF THE PUBLIC DO-
MAIN, FROM 1784 TO 1880.
To JUNE 30, 1880.
The following several chapters (VIII to XXI inclusive) give details as to practical
results under the various laws or systems for the sale or disposition of the public do-
main, heretofore passed, and either obsolete by execution, limitation, or repeal, or still
in full force and effect. . . *
*====
EARLY CONGRESSIONAL ACTION,
Soon after the cessions to the United States of western lands, or claims to them, by
the States of New York and Virginia, Congress began to consider the subject of their
disposition. The territory northwest of the river Ohio contained some grants made by
French and English authority, but the State of Virginia had never opened a land office
for the sale of lands in the region north of the river Ohio, the act of her legislature of
1779 forbidding location or pre-emption there. The resolutions for its government were
passed in April, 1784, followed by the ordinance of 1787. October 30, 1779, Congress
passed a resolution requesting States having claims to the western territory not to
open land offices, and to forbear selling or issuing warrants for unappropriated lands,
or granting them during the continuance of the (Revolutionary) war. By their resolu-
tion of October 10, 1780, it was ordered that lands ceded to the United States should
be disposed of for the common benefit of the United States, and “shall be granted or
settled at such time and under such regulations as shall hereafter be agreed on by the
United States in Congress assembled, or any nine or more of them.”
On April 29, 1784, Congress, by resolution, called the attention of the States still
holding western lands to the fact of former resolutions of Congress asking for cessions;
and, “in presenting another request for further cessions,” stated (speaking of persons
who had furnished supplies to carry on the war): “These several creditors have a
right to expect that funds shall be provided on which they may rely for their indem-
nification ; that Congress still considers vacant territory as an important resource,
and that, therefore, the said States be earnestly pressed, by immediate and liberal ces-
sions, to forward these necessary ends, and to promote the harmony of the Union.”
These western lands were looked upon by all the financiers of this period as an asset
to be cashed at once for payment of current expenses of Government and extinguish-
ment of the national debt. Congress at this time (1785) issued a proclamation forbid-
ding settlement on the public domain. The act of 1804 was of like import, and the
law of 1807 gave the President power of removal of settlers from the public lands
pending sale. On the 20th of May, 1785, Congress passed an ordinance for ascertaining
the mode of disposing of lands within the western territory. It not only included dis-
position, but it gave the first plan of survey of the lands prior to disposition. Under
this ordinance the Board of Treasury (the Treasury Department prior to and under the
196
EARLY SALE AND DISPOSITION OF PUBLIC LANDS. 197
TConfederation; see ordinances of Congress of February, 17, 1776, of July 30, 1779, and of
May 28, 1784), consisting of three commissioners, were to receive the plats of surveys from
the geographer (now surveyor-general) in charge of surveys. The Secretary of War was
to then draw by lot certain townships for land bounties for the use of the Continental
army, and the Board of Treasury was to draw the remainder by lot in the name of
the Western States, who were to advertise and sell them at public sale for not less
than “$1 per acre, specie, or loan office certificate reduced to specie value by scale of
depreciation, or certificates of liquidated debts of the United States, including interest,
besides the expenses of the survey and other charges thereon, which are hereby rated
at $36 the township,” &c. The “expense of survey and other charges thereon” were
fixed at $36 per township, to be paid by the purchaser. The act of July 23, 1787, re-
duced the price per acre not more than one-third of a dollar, leaving 663 cents per
acre the price.
The system contemplated under this act was, as far as disposition was concerned, a
failure. The clause requiring the drawing for the thirteen States was repealed July 9,
1788, and additional regulations as to surveys were made. The clause relating to draw-
ing by the Secretary of War for land bounties was also repealed. This ordinance gave
the Board of Treasury power to move about the United States and sell certain lands
at pleasure.
The ordinance of May 20, 1785, gave the commissioners of the loan office (a United
States office within the several States, and under the Board of Treasury) authority to
make deeds in the name of the United States for the lands.
The Board of Treasury were to give deeds for the lands drawn by and allotted to
the Secretary of War for bounties. Lands unsold for eighteen months were to be re-
turned to the Board of Treasury and sold as Congress should afterward direct.
This system of Sale was for cash, or equivalent, in unlimited quantities above a min-
imum limit, at public sale after advertisement, by loan commissioners, who were agents
of the Board of Treasury (the same as district land officers are now the agents of the
General Land Office), at a price not less than $1 per acre. The lots to be sold were, first,
a township No. 1 entire; second, township No. 2, by lots of six hundred and forty acres;
third, an entire township and lots. By a resolution of date June 15, 1785, squatters
were warned and unauthorized settlements on public lands prohibited, and the com-
missioners were to issue proclamation to that effect.
By resolution of April 24, 1785, the Secretary of War was authorized to remove un-
lawful settlers at Post Saint Vincent, in the Northwest Territory, and to use the Army
for the same. Settlements at this time upon unsurveyed lands were not desired. April
21, 1787, Congress ordered, after advertisement and five months from the date of the
ordinance, that the remainder of the surveyed lands be sold in the place where Con-
gress shall sit, from day to day, at not less than $1 per acre. It was a credit sale, one-
third cash in hand, or in the public securities of the United States, to be paid to the
Treasurer of said United States, and the remaining two-thirds in three months from the
sale—failing in this, the first payment to be forfeited and the lands to be resold, the
Board of Treasury to give title.
July 23, 1787, Congress agreed, after amendment, to a report by a committee consist-
ing of Messrs. King, Dane, Madison, and Benson, instructing the Board of Treasury to
contract for the sale of Western territory. This was the order for sale to The Ohio
Company of lands in the present State of Ohio. It was to sell to Winthrop Sargent
and Manasseh Cutler, on behalf of themselves and associates, a trust estimated at
two million acres. This sale was at $1 per acre, with a rebate to two-thirds of a dol-
lar under conditions, and the reservations in the ordinance of the 20th of May, 1785,
were to be respected; $500,000 were to be paid down and the remainder after com-
pletion of the survey; the Board of Treasury to receive the plats from the geographer.
The land was on the Scioto and Ohio Rivers, and included the present city of Marietta,
Ohio. This trust was reduced to 822,900 acres, and the order was confirmed by Con-
gress July 27, 1787. Thereafter Congress, upon petition for purchase by individuals
198 EARLY SALE AND DISPOSITION OF PUBLIC LANDS.
or companies, authorized the Board of Treasury to make sale under the said orders of
Congress and to execute the transfer, &c.
The next sale was to John Cleves Symmes, of New Jersey, for a tract of land, sup-
posed at the time to contain one million acres, on the Ohio River, between the Great
and Little Miami rivers, in Ohio, near the present city of Cincinnati. On the 2d of
October, 1787, Congress directed the Board of Treasury to take action thereon. This
tract was patented by the President of the United States, George Washington, Septem-
ber 30, 1794, and countersigned by Edmund Randolph, Secretary of State. It was for
248,540 acres of land, for which he and his associates paid $165,963.42. This was done
in pursuance of the act of Congress of May 5, 1792.
To the State of Pennsylvania was sold, by order of Congress, the tract now in Erie
County in that State, containing 202,187 acres. Thus but three tracts of land had been
sold by contract prior to the adoption of the present form of government. All of these
were sold at the rate of two-thirds of a dollar an acre, payable in evidences of the
public debt of the United States, and a part of the two last tracts was paid for in mili-
tary land warrants, each acre in such warrant being received in payment for one acre
and a half of land. A right of pre-emption, at the rate of two dollars an acre, was
allowed to persons who had made purchases from J. C. Symmes within the boundaries of
his first contract. All other public lands sold by the United States were sold under
general laws.
January 20, 1790, the House of Representatives called upon Alexander Hamilton,
Secretary of the Treasury, for the form of a plan of disposition of the public lands
of the United States. July 20, 1790, Mr. Hamilton transmitted the following report:
PLAN FOR THE DISPOSITION OF THE PUBLIC LANDS.
[Communicated to the House of Representatives July 22, 1790.]
TREASURY DEPARTMENT, July 20, 1790.
In obedience to the order of the House of Representatives of the 20th of January
last the Secretary of the Treasury respectfully reports:
That in the formation of a plan for the disposition of the vacant lands of the United
States there appear to be two leading objects of consideration: one, the facility of
advantageous sales, according to the probable course of purchases; the other the
accommodation of individuals now inhabiting the western country, or who may here-
after emigrate thither. The former, as an operation of finance, claims primary atten-
tion; the latter is important as it relates to the satisfaction of the inhabitants of the
western country. It is desirable, and does not appear impracticable, to conciliate
both. Purchasers may be eontemplated in three classes: moneyed individuals and
companies who will buy to sell again; associations of persons who intend to make
settlements themselves; single persons or families, now resident in the western
country, or who may emigrate thither hereafter. The two first will be frequently
blended, and will always want considerable tracts. The last will generally purchase
small quantities. Hence a plan for the sale of the western lands, while it may have
due regard for the last, should be calculated to obtain all the advantages which may
be derived from the two first classes. For this reason it seems requisite that the Gen-
eral Land Office should be established at the seat of Government. It is there that the
principal purchasers, whether citizens or foreigners, can most easily find proper agents
and that contracts for large purchases can be best adjusted. But the accommodation
of the present inhabitants of the western territory and of unassociated persons and
families who may emigrate thither seems to require that one office, subordinate to that
at the Seat of Congress, should be opened in the Northwestern and another in the
Southwestern government. •
Each of these officers, as well the general one as the subordinate ones, it is con-
ceived, may be placed with convenience under the superintendence of three commis.
sioners, who may be either pre-established officers of the Government, to whom the
duty may be assigned by law, or persons specially appointed for the purpose. The
former is recommended by considerations of economy, and it is probable would em-
brace every advantage which could be derived from a special appointment. To ob-
viate those inconveniences and to facilitate and insure the attainment of those advan-
tages which may arise from new and casual circumstances springing up from foreign
and domestic causes appear to be an object for which adequate provision should be
made in any plan that may be adopted. For this reason and from the intrinsic diffi.
culty of regulating the details of a specific provision for the various objects which
EARLY SALE AND DISPOSITION OF PUBLIC LANDS. 199
require to be consulted, so as neither to do too much nor too little for either, it is
respectfully submitted whether it would not be advisable to vest a considerable lati-
tude of discretion in the Commissioners of the General Land Office, subject to some such
regulations and limitations, as follows, viz:
That no land shall be sold except such in respect to which the titles of the Indian
tribes shall have been previously extinguished.
That a sufficient tract or tracts shall be reserved and set apart for satisfying the
subscribers to the proposed loan in the public debt, but that no location shall be for
less than five hundred acres.
That convenient tracts shall from time to time be set apart for the purpose of loca-
tions by actual settlers, in quantities not exceeding, to one person, 100 acres.
That other tracts shall from time to time be set apart for sales in townships of ten
miles Square, except where they shall adjoin upon a boundary of Some prior grant or
of a tract so set apart, in which cases there shall be no greater departure from such
form of location than may be absolutely necessary.
That any quantities may, nevertheless, be sold by special contract, comprehended
either within natural boundaries or lines, or both. -
That the price shall be thirty cents per acre, to be paid either in gold or silver or in
public securities, computing those which shall bear an immediate interest of 6 per
cent. as at par with gold and silver, and those which bear a future or less interest, if
any, they shall be at a proportional value.
That certificates issued for land upon the proposed loan shall operate as warrants
within the tract or tracts which shall be specially set apart for satisfying the sub-
scribers thereto, and shall also be receivable in all payments whatsoever for lands by
way of discount, acre for acre.
That no credit shall be given for any quantity less than a township of ten miles
Square, nor more than two years' credit for any greater quantity.
That in every instance of credit at least one-quarter part of the consideration shall
be paid down, and security, other than the land itself, shall be required for the resi-
due ; and that no title shall be given for any tract or part of a purchase beyond the
quantity for which the consideration shall be actually paid. That the residue of the
tract or tracts set apart for subscribers to the proposed loan, which shall not have
been located within two years after the same shall have been set apart, may then be
Sold on the same terms as any other land.
That the commissioners of each subordinate office shall have the management of all
Sales and the issuing of warrants for all locations in the tracts to be set apart for the
accommodation of individual settlers, subject to the superintendency of the Commis-
Sioners of the General Land Office, who may also commit to them the management of
. other sales or locations which it may be found expedient to place under their
lirection.
That there shall be a surveyor-general, who shall have power to appoint a deputy-
Surveyor-general in each of the Western governments, and a competent number of
deputy Surveyors to execute in person all warrants to them directed by the Surveyor-
general or the deputy surveyors-general within certain districts to be assigned to
them respectively. That the surveyor-general shall also have in charge all the duties
committed to the geographer-general by the several resolutions and ordinances of
Congress. That all warrants issued at the General Land Office shall be signed by the
commissioners, or such one of them as they may nominate for that purpose, and shall
be directed to the surveyor-general. That all warrants, issued at a subordinate office,
shall be signed by the commissioners of such office, or by such one of them as they
may nominate for that purpose, and shall be directed to the deputy surveyor-general
Within the government. That the priority of locations upon warrants shall be deter-
lmined by the times of applications to the deputy surveyors; and in case of two ap-
plications for the same land at one time, the priority may be determined by lot.
That the Treasurer of the United States shall be the receiver of all payments for
Sales made at the General Land Office, and may also receive deposits of money or
Securites for purchases intended to be made at the subordinate offices, his receipts or
Certificates for which shall be received in payment at those offices.
That the secretary of each of the western governments shall be the receiver of all
payments arising from sales at the office of such government. That controversies
concerning rights to patents or grants of land shall be determined by the commis-
Sioners of that office under whose immediate direction or jurisdiction the locations in
respect to which they may arise shall have been made. That the completion of all
Contracts and sales heretofore made shall be under the direction of the Commission-
ers of the General Land Office. That the Commissioners of the General Land Office,
Surveyor-general, deputy surveyors-general, and the commissioners of the land office
in each of the Western governments shall not purchase, nor shall others purchase for
them in trust, any public lands.
That the secretaries of the western governments shall give security for the faithful
discharge of their duty as receivers of the land office. That all patents shall be
200 EARLY SALE AND DISPOSITION OF PUBLIC LANDS.
signed by the President of the United States or by the Vice-President or officer of the
government acting as President, and shall be recorded in the office either of the sur-
veyor-general or of the clerk of the Supreme Court of the United States. That all
officers acting under the laws establishing a land office shall make oath faithfully to
discharge their respective duties previously to their entering upon the execution
thereof. That all surveys of land shall be at the expense of the purchasers or grantees.
That the fees shall not exceed certain rates to be specified in the law, affording equita-
ble compensations for the services of the surveyors, and establishing réasoanble and cus-
tomary charges for patents and other office papers for the benefit of the United
States. That the Commissioners of the General Land Office shall, as soon as may be,
from time to time, cause all the rules and regulations which they may establish to be
published in one gazette at least in each State and in each of the Western govern-
ments where there is a gazette, for the information of the citizens of the United
States. Regulations like these will define and fix the most essential particulars which
can regard the disposal of the western lands, and where they leave anything to dis-
cretion will indicate the general principles or policy intended by the legislature to be
observed, for a conformity to which the commissioners will, of course, be responsible.
They will at the same time leave room for accommodating to circumstances which
cannot beforehand be accurately appreciated, and for varying the course of proceed-
ing as experience shall suggest to be proper, and will avoid the danger of those ob-
structions and embarrassments in the execution which would be apprehended from
an endeavor at greater precision and more exact detail.
All which is humbly submitted.
ALEXANDER HAMILTON,
Secretary of the Treasury.
The extraordinary character of the above plan can now be fully seen. It forms in
its several leading features the basis of the prior and existing methods of administra-
tion for the sale and disposition of the public domain. Mr. Hamilton's views upon
this subject, as well as upon every question he touched relating to the organization of
the Nation, displayed his matchless practical ability.
ACT FOR SALE OF LANDS IN NORTHWEST TERRITORY.
March 3, 1795, Congress by law provided that “the nett proceeds of the sales of
lands belonging, or which shall hereafter belong, to the United States, in the Western
territory thereof,” should constitute a portion of the sinking fund of the United
States for the redemption of the public debt. -
May 18, 1796, Congress passed the act for the sale of the lands of the United States
in the territory northwest of the river of Ohio and above the mouth of the Kentucky
River (in the present State of Ohio). This act provided for a surveyor-general of the
district and for the parceling of the lands therein for sale. It gave the substance of
the present rectangular system of surveys for the public domain. It provided for
the sale of the surveyed lands in sections of 640 acres (a mile square) at public sale,
under the direction of the governor or secretary of the Territory and the surveyor-
general, and they were to be sold at Cincinnati and Pittsburgh, and the price to be not
less than $2 per acre. Two months' notice of sale was to be given by advertisement,
and sale to take place one month thereafter. The remainder of the Seven ranges of
townships surveyed under the act of May 20, 1785, were to be sold at public Sale at
Philadelphia, under the direction of the Secretary of the Treasury, in quarter town-
ships, eight sections of 640 acres each, taking out the four sections in the center, which
were reserved.
The townships directed to be sold in sections under the ordinance were to be sold at
Pittsburgh, under the direction of the governor or secretary of the Northwest Terri-
tory and such person as the President/should appoint. They were to be sold to the
highest bidder, one-twentieth part of the purchase-money to be deposited, a moiety
of the sum bid to be paid in thirty days to the Treasurer of the United States, and
one year's credit for the residue; the President thereafter to issue patents, counter-
signed by the Secretary of State, and recorded in his office. If the purchaser made
entire payment at the time of sale, he was to have a deduction of 10 per cent. from
the credit part, and patent should issue immediately.
EARLY SALE AND DISPOSITION OF PUBLIC LANDS. 201
The price, $2 per acre, was fixed so as to include all costs of surveying and disposi-
tion, which were to be paid by the purchasers.
The money received at these sales was transmitted direct to the Treasury Department.
No more than 121,540 acres had thus been sold prior to the act of 10th May, 1800,
viz: 72,974 acres at public sale at New York, in the year 1787, for $87,325, in evi-
dences of the public debt; 43,446 acres at public sale at Pittsburgh, in the year 1796,
for $100,427; and 5,120 acres at Philadelphia, in the same year, at $2 an acre. Pay-
ments to be made in specie or in evidences of the publict debt, under act of March 3,
1797. In an act passed March 2, 1799, for the relief of persons who had made contracts
in writing with John Cleves Symmes for the purchase of lands not comprehended in
his patent, it was provided that such persons were to have a preference in purchasing
from the United States at $2 per acre, to be paid to the Treasurer of the United
States; one-third paid before September 1, 1799; one-third in a year from that date,
and the remaining third part one year thereafter. The second section of this act con-
tains the following:
That each and every person claiming the benefit of this act shall on or before the
1st day of September next give notice in writing to the Secretary of the Treasury or to
the surveyor-general that they claim the right of pre-emption by this act offered,
and that failure to give said notice shall forfeit the right of pre-emption.
All lands sold for the benefit of the United States prior to the opening of the land
offices under the act of May 10, 1800, were sold from the public domain in the present
State of Ohio, and amounted to 1,484,047 acres, and realized $1,201,725.68.
REGISTERS AND RECEIVERS ESTABLISHED.
The act of May 10, 1800, introduced the present system of disposition of lands through
officers called registers, whose offices were situated within defined districts. It es-
tablished four land offices within the Northwest Territory, with an officer for each
called a register, bonded for $10,000; one office at Cincinnati, one at Chillicothe, one
at Marietta, and the other at Steubenville. These were the first district land offices
established in the United States.
The surveyor-general was to transmit to the register (as now) a copy of plats of
tracts to be sold, and another copy to the Secretary of the Treasury (now to the Com-
missioner of the General Land Office).
Lands west of the Muskingum were to be subdivided into half-sections of 320 acres
each, and held as such ; west of that river to be subdivided and sold as usual, in Sections
of 640 acres. These lands were to be offered for sale at public vendue, after notice at the
offices, respectively, under the direction of the register and the governor or secretary
of the Territory. All such sales to close in three weeks, and the lands remaining un-
Sold to be disposed of at private sale; none to be sold at less than $2 per acre; payment
to be made in specie or evidences of the public debt at the time of purchase, the person
or persons to pay, exclusive of fees, $6 for every section and $3 for every half-section,
for Surveying expenses, and deposit one-twentieth part of the amount of the purchase-
money, forfeited in forty days if an addition of one-fourth part of the amount of pur-
chase-money was not paid; another fourth part to be paid within two years; another
fourth part within three years, and the remaining fourth part within four years after
the date of sale. Interest at 6 per cent. per annum from the day of sale to be charged
On the last three payments as they become due. A discount of 8 per cent. per year to
be allowed for prepayment of any of the last three payments.
If the first payment was not made, the lands became forfeited and might again be
Sold, but not for less at private sale than the sum offered at public sale.
Lands not paid for at end of one year after last payment became due were to be
advertised for thirty days and sold during court; the surplus, if any, after payment
of United States and expenses of sale, was to be returned to original owners. Lands
not sold were to revert to the United States and be disposed of as other lands.
This act also created the office of receiver of public moneys (a bonded officer) at
202 EARLY SALE AND DISPOSITION OF PUBLIC LANDS.
each land office. He was to receive all moneys on account of public lands and account
to the Secretary of the Treasury for the same, as at present. Fees were to be received
by the receivers of 1 per cent. of all money paid them; by the registers of 3 per cent.
on moneys shown in receipts entered by them, and the following fees in addition from
applicants, for their own use and benefit, viz.: For an application and a copy of the
same for a section of land, $3; for a half section, $2. For the first certificate of pay-
ment, 25 cents, and for each following one, 25 cents. For final certificate, $1. For a
copy of any paper relating to entry, 25 cepts, or for permission to look at plats (in
their presence) 25 cents. -
The duties of register and receiver of land offices, as defined by this creating act,
continue in a large measure to this day. The passage of additional laws of sale and
settlement, adding to or taking from them certain duties and authorizing certain fees,
details as to office duties, papers and notes, or maps, or plats, are defined, and remain
to this day with but little change. Patents were issued by the President upon pres-
entation through the Secretary of the Treasury of the final certificate issued by the
receiver. Patents were to be countersigned by the Secretary of State, and recorded
In his office. Superintendents of public sales (officials named) were to receive $5 per
day for superintending such sales. Patent fees were, for a half section, $4; for a
whole section, $5; to be paid by the purchasers. This was afterward abolished by act
of March 26, 1804.
IEASING OF RESERVED LANDS BY SURVEYOR-GENERAL,
Section 16 of the act provided that persons who had erected or had begun to crect
grist or saw mills might purchase at $2 per acre. Section 15 provided “that the lands
of the United States reserved for future disposition may be let upon leases by the sur-
veyor-general in sections or half sections, for terms not exceeding seven years, on
condition of making such improvements as he shall deem reasonable.”
The surveyor-general (there was but one at this time) by this act stood toward the
registers and receivers in the matter of sales and reports as does the Commissioner of
the General Land Office at present. The receivers disbursed under order of the Treas-
ury Department and made returns thereto as now. There were no sub-treasuries
then in the western country, nor authorized depositaries or banks. There were no ex-
press companies, so that the specie was generally transported to the seat of Govern-
ment, Washington, in stage-coaches. -
CREDIT SYSTEM.
The act of 1796 was framed for the territory northwest of the river Ohio under the
ordinance of 1787. As soon as the territory was subdivided a change took place.
The spirit of the act, like all early legislation on the subject of the disposition of
the public lands, was to hurry their sale and get the cash into the Treasury. They
were sold in blocks, townships, eight sections, sections, and finally half sections, and
in unlimited quantities. This act was afterward amended from year to year, until in
1820 it was repealed as to its credit features. (See acts of March 3, 1803; March 26,
1804; April 15, 1806; February 24, 1810; April 25, 1812.)
The price was fixed at not less than $2 per acre. (Under contract the first sales of
lands by the Government were 663 and 75 cents.) The United States at this time was,
and had been for ten years, in competition with several States who were disposing of
western lands—Connecticut selling her “Western Reserve” lands at 40 cents an acre in
Northeastern Ohio; Virginia with her rich lands in Kentucky in the market; North
Carolina selling in Tennessee; Pennsylvania with her charter lands offered through her
State office; and Georgia with her lands in the territory now part 9f Alabama and
Mississippi. Massachusetts, before this, had reduced the price of her Maine lands to
50 cents an acre to check western emigration. There began to be a serious’ exodus to
the western country. The roads were filled with moving families and almost entire
EARLY SALE AND DISPOSITION OF PUBLIC LANDS. 203
neighborhoods moved west. Fertile lands, at low prices, were abundant, aud specu-
lators were numerous. Under this credit system men became loaded with large land
purchases, expecting to make sale of a portion at an early date to incoming immigrants
at an advance, and to hold the remainder for themselves.
The sales under this system, from the opening of the land offices in the territory
northwest of the river Ohio by the above act to June 30, 1820, were as follows:
Gro88 quantity sold under the credit system.
Location. Acres. Amount.
*
In Ohio.---------------------------------------------------------------. 8,848, 152. 31 || $17,226, 186 95.
In Indiana.------------------------------------------------------------- 2,490, 736. 17 5, 137, 350 20
In Illinois -------------------------------------------------------------. 1, 593,247. 53 3,227, 805 20
In Missouri------------------------------------------------------------- 1,249, 113.91 3,349,465 70
In Alabama ------. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 3,957,281.00 | 16, 182, 147 67
In Mississippi..... s • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1, 14% 988. 10 2,297, 652 91
In Louisiana ----------------------------------------------------------. Žižo. 90, 554 00
In Michigan.----------------------------------------------------------- 67, 362. 02 178, 400 46
Total.------------------------------------------------------------ 19,399, 158.04 || 47,689, 563 09
This was afterward scaled down by acts of Congress, by reversions and relinquish-
ment, so that the government parted title, under the credit system, to 13,642,536 acres,
and received therefor $27,900,379,29.
A GENERAL SYSTEM OF DISPOSITION PROPOSED.
The act of May 10, 1800, was the first serious attempt at the creation of a general
system of disposition of the public lands. The usual method of Congress was, in the
organization of a section of the public domain into a Territory, to enact some special
features in relation to the public lands therein, as well as adopting the old laws, such
as in the public-land act for Indiana Territory, March 26, 1804, making for each new
geographical division a new law, containing much of the old land laws, but constantly
improving. This act also provided for the sale of tracts of quarter-section in size, 160
acres, and put in the market all unsold offered land at $2 per acre. -
The law creating Mississippi Territory, April 7, 1798, extended the laws of the North-
west Territory over it, with exceptions, but reserved the question of land disposition
for future laws. The surveyor-general of the Northwest Territory was the surveyor-gen-
eral of the Indiana Territory under that act. He was known as “the surveyor-general,”
with no definition as to his district, as afterward became the law. The Indiana act also
created additional district land offices. In all these acts the first condition, prior to
survey, was extinguishment of Indian title; next, survey and return of the plats to the
district offices and Secretary of the Treasury (now General Land Office), advertisement
of sale, and public vendue for a period. Then the land remaining unsold, having been
offered at public sale and not sold, became “offered land,” and was sold at the dis-
trict land office at private sale to applicants at the fixed price of $2 per acre.
To December 28, 1814, the settled procedure has been described by Albert Gallatin,
as follows:
1. All the lands are surveyed before they are offered for sale; being actually divided
into townships six miles square, and those subdivided into thirty-six sections one mile
square, and containing each 640 acres. All the dividing lines, running according to the
cardinal points, cut one another at right angles, except where fractional sections are
formed by the navigable rivers, or by an Indian boundary-line. The subdividing lines
of quarter-sections are not actually surveyed, but the corners, boundaries, and contents
of these are designated and ascertained by fixed rules prescribed by law. This branch
of the business is conducted under the superintendence of two principal surveyors,
who appoint their own deputies. The powers and duties of the first, who is called sur-
veyor-general, extend over all the public lands north of the river Ohio, and over the
Territory of Louisiana. The other, known by the name of surveyor of the public lands
south of the State of Tennessee, superintends the surveys in the Mississippi and Orleans
204 EARLY SALE AND DISPOSITION OF PUBLIC LANDS.
ſº Both make returns of the surveys to the proper land office and to the
reasury. - -
2. The following tracts are excepted from the sales, viz.: 1. One thirty-sixth part
of the lands, or a section of 640 acres in each township, is uniformly reserved, and
given in perpetuity, for the support of schools in the township. 2. Seven entire town-
ships, containing each 23,040 acres, viz.: two in the State of Ohio, and one in each of
the Territories of Michigan, Indiana, Illinois, Mississippi, and Orleans, have been also
reserved, and given in perpetuity, for the support of seminaries of learning. 3. All
salt springs and lead mines are also reserved, but may be leased by the President of
the United States. Three other sections were formerly reserved in each township for
the future disposition of Congress; but this reservation has, since the act of 26th
March, 1804, been discontinued. One section was also reserved in each township
within the boundaries of the tracts respectively sold to the Ohio Company and to
John Cleves Symmes, and this given in perpetuity for religious purposes; bat this
reservation has not been extended to any other part of the public lands.
The Mississippi, the Ohio, and all the navigable rivers and waters leading into
either, or into the river Saint Lawrence, remain common highways, and forever free
to all the citizens of the United States, without any tax, impost, or duty therefor.
3. All the other public lands, not thus excepted, are, after the rightful private
claims have been ascertained and confirmed, offered for sale at public sale in quarter-
sections of 160 acres each, but cannot be sold for less than $2 an acre. The lands not
purchased at public sale may, at any time after, be purchased in quarter-sections at
private sale, and at the rate of $2 an acre, and without paying any fees whatever.
The purchase-money, whether the land be bought at public or private sale, is payable
in four equal installments, the first within forty days, and the three others within two
years, three years, and four years, after the date of the purchase. No interest is charged
if the payments be punctually made ; but it must be paid frºm the date of the pur-
chase, at the rate of 6 per cent. a year, on each installment not paid on the day on
which it is due. A discount, at the rate of 8 per cent. a year, is allowed for prompt
payment; which, if the whole purchase-money be paid at the time of purchasing the
land, reduces its price to $1,64 per acre. Tracts not completely paid for within five
years after the date of purchase are offered for sale at public sale, for a price not less
than the arrears of principal and interest due thereon ; if the land cannot be sold for
that sum, it reverts to the United States, and the partial payments made therefor are
forfeited; if it sells for more, the surplus is returned to the original purchaser.
4. All the lands to which the Indian title has been extinguished are, for the con-
venience of purchasers, divided into districts, in each of which a land office is estab-
lished. Ten of these districts are in full operation, viz: those of Steubenville, Canton,
Zanesville, Marietta, Chillicothe, and Cincinnati, in the State of Ohio; those of
Vincennes and Jeffersonville in the Indiana Territory; and those of Nashville (for
Madison County in the great bend of the river Tennessee) and Washington (near
Natches) in the Mississippi Territory. The sales have not yet commenced, the sur-
veys not being yet completed, or the private claims not being yet decided upon, in the
four districts of Detroit in the Michigan, of Kaskaskia in the Illinois, of Mobile in the
Mississippi, and of Opelousas in the Orleans Territory. None have been authorized
in the Territory of Louisiana and in the eastern part of the Territory of Orleans. Each
land office is under the direction of two officers, a register who receives the applica-
tions and sells the land, and a receiver of public moneys who receives the purchase-
money, unless the purchaser prefers paying it into the Treasury. Those two officers
operate as a check one on the other. Transcripts of the sales and of the payments,
together with the original receipts and assignments, are transmitted to the Treasury;
and no patent issues till after the calculations have been examined, and it has been
ascertained that the party has paid the whole purchase-money and interest. The sys-
tem, as it relates to the accountability of the receivers, is better checked than that of
any other branch of the public revenue; but the various and contingent provisions
respecting the credits, interest, discount, forfeitures, and other conditions of sale,
render it rather complex, and for that reason liable to delays in the final settlement
of the accounts of the receivers.
The total quantity of land sold under that system at the several Jand offices from
1st July, 1800, to 1st July 1810, and including pre-emption rights in Symmes's purchase
and the Mississippi Territory, amounts to 3,386,000 acres, which have produced
$7,062,000. Of this sum, $4,888,000 have been paid, in specie or evidences of public
debt, into the Treasury or into the hands of the receivers of public moneys; the bal-
ance is due by the purchasers.
Intrusions on the public lands are equally forbidden, under various penalties,
whether the lands still continue in the possession of the Indians or have been pur-
chased from them. Intrusions subsequent to the 3d March, 1807, work a forfeiture of
title or claim, if the intruder had any such, not previously recognized and confirmed
by the United States; and the President is authorized to remove such intruders, and
to employ, if necessary, military force for that purpose.
EARLY SALE AND DISPOSITION OF PUBLIC LANDs. 205
CASH PAYMENTS FOR LANDS ORDERED,
In 1806, April 18, Congress, by law, refused to receive in payment for purchases of
public lands any more certificates or receipts of evidence of public debt after April 30,
1806, Saving all rights under the old act. This required all payments to be made in
cash. ** |
Petitions, resolutions, legislative enactments, and personal applications for relief ,
from the pressure of land purchases from the government under the credit system
resulted in various acts of relief.
March 2, 1809, Congress passed an act to extend time of payment two years for resi-
due of purchase-money due.
April 30, 1810, and December 12, 1811, Congress further extended the time for pur-
chases made prior to January 1, 1806, and enacted conditions for re-entry of lands by
applicants where time of payment had expired and the lands had reverted to the
United States. June 30, 1812, Congress ordered that Treasury notes be taken at all
land offices for public lands and payments thereon, and that credit should be given for
principal and interest thereof. Acts for relief were further passed on April 23, 1812;
July 6, 1812; March 3, 1813; February 19, 1814; February 4, 1815; April 24, 1816; April
18, 1818; March 3, 1819; March 30, 1820; March 2, 1821; April 20, 1822; March 3, 1823;
May 18, 1824; May 26, 1824. These acts were all operative for the benefit of persons
holding not over 640 acres. The Congress of the United States, April 24, 1820, provided
for the sale of half quarter-sections, or 80-acre lots of land, and that credit should not
be allowed for the purchase-money of any lands after July 1, 1820, but that complete
payment must be made by the purchaser or applicant at the time of purchase; and by
section 3 of this act, it was provided that the public lands offered should be sold at the
“minimum” price of $1.25 per acre at either public or private sale, and provided for the
entry or purchase by persons at the several district land offices of all lands which, prior
to July 1, had been offered at public sale and remained unsold. It further provided for
the sale of reverted lands, which were forfeited for non-fulfillment of purchase terms
under the credit system. Previous to this time Congress had, by special acts, directed
land sales to be made, but by this act it became the duty of the President, and has
so continued to this day, to issue proclamations of sale of public lands through the
Commissioner of the General Land Office. This act was a great innovation. It
reduced the price of all public lands which should be offered to the minimum of $1.25
per acre, and after they were offered (i. e., offered at public sale after due advertising
and notice) such as remained unsold were to be held for sale at the district land office
at $1.25 per acre, in unlimited quantities of not less than 80 acres (half quarter-sec-
tions) at private sale.
Thus, in the period from 1786 to 1820, the price had fallen from $2 to $1.25 per acre
cash, and the quantity which might be sold was reduced from whole townships and
eight sections to sections (640 acres), half-sections (320 acres), quarter-sections (160
acres), and half quarter-sections (80 acres), thus fostering small holdings at a low price,
with deed in fee from the Government. .
The disastrous credit system spread over Ohio, Indiana, Illinois, Missouri, Alabama,
Mississippi, Louisiana, and Michigan. The general policy of land legislation by Con-
gress was, for the first thirty years, to meet exigencies by temporary enactments from
time to time. This policy was continued down to the period of the passage of the
pre-emption act of 1841.
The stages developed to that period were: the sale by the Board of Treasury prior to
May, 1800, under and by order of Congress direct, purchasers of tracts going to Congress
by petitions, which were acted on and referred to the Board of Treasury; public sale
at $2 per acre in tracts from townships, sections, and quarter-sections, until after 1805,
when half quarter-sections were sold; all lands to be offered; then, if not sold at
public vendue, to be open to purchase at $2 per acre at private sale."
The act of 1800, May 18, instituted the offices of registers and receivers, who sold
land at definite points under orders of the Secretary of the Treasury; afterward, April
206 EARLY SALE AND DISPOSITION OF PUBLIC LANDS.
25, 1812, under orders of the Commissioner of the General Land Office, then a bureau
in the Treasury Department, to whom they were and are now subordinate.
The act of April 24, 1820, the general provisions of which have been carried into
the Revised Statutes, fixed the minimum price of the public lands at $1.25 per acre
Thereunder the lands were sold to the highest bidder at public sales for not less than
the minimum rate per acre, and at private sale, after the offering, at the minimum
rate. The general pre-emption law of September 4, 1841, required payment at the
minimum rate for lands entered thereunder; that is, the minimum rate fixed by the
act of 1820. This is the price required of pre-emptors and parties who commute their
homestead entries undersection 2301 of the Revised Statutes, except where the lands have
been enhanced to the double minimum price of $2.50 per acre, in which case the pre-
emptor or homesteader is required by law to pay for the same at the increased rate.
Congress, upon making grants of alternate sections of land for railroad purposes within
certain limits, provided that the sections within such limits reserved to the government
should be enhanced to the price of $2.50 per acre. This rate is double that of the
minimum rate established by the act of 1820, and is, therefore, termed the “double-min-
imum” rate. These are the existing rates of disposal under the general provisions of
law for the sale of the pnblic lands upon bringing them into market, or under the
pre-emption statutes and section 2301, Revised Statutes, above mentioned. Lands sub-
ject to entry, which had been enhanced to the double minimum price and put in market
prior to January, 1860, by reason of railroad grants, were reduced to the minimum price
'by the act of June 15, 1880. -
DISPOSAL OF PUBLIC LANDS BY PUBLIC OFFERING AND SALE.
In some of the early acts of Congress providing for bringing lands into market
dates were fixed for the sales, and the superintendence of the sales was placed under
the register of the land office, or the governor or secretary of the Territory. In the
act of March 3, 1803, which, among other things, provided for the disposition of lands
belonging to the United States south of the State of Tennessee, it was provided that
the President of the United States should make public proclamation of the sales, fix-
ing therein a day or days for the same to take place. By this act it was provided that
the sales should be made under the direction of the governor of the Mississippi Terri-
tory, the surveyor of the lands, and the register of the land office, the sales to take
place where the land offices were “kept.” The act directing the survey and sale of
the public lands in the Territories of Orleans and Louisiana, approved March 3, 1811,
provided for proclamation of the sales of lands in the Territory of Louisiana by the
President, and that the same should be under the direction of the register and receiver
of the land office and the principal deputy surveyor. In the acts of 1803 and 1811 it
was directed that the sales remain open for three weeks, and no longer.
The statutes and rules at present in force in respect to offerings are briefly stated
below.
The act of April 24, 1820 (see sections 2360,2353, eighth subdivision, and 2238, R. S.),
provided that the public sales authorized thereby should be kept open two weeks,
and no longer; it also provided that the tracts to be sold be offered for sale in half:
quarter-sections; and thereby registers and receivers were allowed a fee of $5 each per
diem for superintending the sales.
The act of June 28, 1834 (section 2359, R. S.), provided that lands exposed to pub-
lic sale by order of the President shall be advertised for a period of not less than three
nor more than six months prior to the day of sale, unless otherwise specially provided.
The act of August 3, 1846 (section 2455, R. S.), authorized the Commissioner of
the General Land Office to order into market after due notice, without the formality
and expense of a proclamation of the President, such isolated or disconnected tracts
or parcels of unoffered lands which, in his judgment, it would be proper to expose to
sale, and required that public notice of the offering for a period of at least thirty days
should be given by the district officers pursuant to directions of the Commissioner. It
is the rule to resort to published notice in such cases. *
EARLY SALE AND DISPOSITION OF PUBLIC LANDS. 207
By a regulation of the General Land Office, district officers are allowed a crier and a
clerk during the progress of the Sales, at a stated per diem compensation.
Lands are offered for sale by public outcry, at not less than the minimum or double
minimum price per acre, as the case may be, and are sold to the highest bidder in case
bids are received.
Technical quarter-sections are sold in half-quarter-sections. Where practicable the
north half of the section should be sold first, the order of offering being as follows:
East half of northeast quarter; west half of northeast quarter; east half of northwest
quarter; west half of northwest quarter; east half of southeast quarter; west half of
Southeast quarter; east half of Southwest quarter; west half of southwest quarter.
Such portions of sections as are designated by numbers on the plats are sold in the
order of the numbers, as follows: Lot 1, lot 2, lot 3, lot 4.
The regulations require the district officers to keep a complete record in abstract,
form, day by day, as the sales progress, of each subdivision offered, and to note the
sales made in the margin thereof, such notings as the following being desirable:
Name of purchaser, date of sale, and the number of the certificate of purchase issued as
the basis of a patent (which is also the number of the receipt for the purchase-money
aecompanying the certificate, a duplicate of which is given to the purchaser); and
opposite the description of tracts offered, but not sold, the facts are required to be
noted as follows: “Offered; no bids.” When the sale is closed, it is required that the
abstract of offerings be sent as a part of the official report of the district officers to the
General Land Office, after making a copy of the same to be retained as a record in the
district office. The practice in regard to making up the official reports of offerings
has varied to some extent, but the above is substantially the present method.
The authority to proclaim lands for sale is not limited by law to a stated period of
time after survey thereof. Of course it is not deemed safe or advisable to proclaim
lands for sale prior to survey, even if contracts for survey thereof have been entered
into. -
The President is not empowered to proclaim lands for sale not authorized to be ex-
posed to public sale by law of Congress; the laws authorizing such sales have refer-
ence to particular localities therein mentioned. There is no general provision of law
authorizing public sales of all the vacant lands of the government, and a portion of
the lands in the far west, the Territory of Utah, for instance, is not subject to be pro-
elaimed for sale. The vacant lands generally in the Louisiana purchase are subject
to be proclaimed for sale under the act of 1811, referred to above. The lands in
Arkansas, Louisiana, Mississippi, Alabama, and Florida, which were restricted to home-
stead entry by the act of June 21, 1866, were authorized to be brought into market by
proclamation for sale at public offerings by the act of June 22, 1876. Lands within
the limits of the Pacific Railroad and branches, belonging to the government, in the
even-numbered sections, were restricted to homestead and pre-emption entry by the
act of March 6, 1868.
In view of a resolution of the House of Representatives, which passed some time
after the recent war of the rebellion, and the general drift of public sentiment ex-
pressed in various ways, it is the present policy to hold lands outside of the Southern
States above mentioned, not yet proclaimed for sale, for actual settlers.
The following is a printed form for proclamation of sales by the President:
Proclamation by the President of the United States.
In pursuance of an act of Congress of June 22, 1876, I, Rutherford B. Hayes, Presi-
dent of the United States of America, do hereby declare and make known that a pub-
lic sale of valuable Government land will be held at the land office at Natchitoches, in
the State of Louisiana, on Tuesday, April 13, 1880, at which time will be offered all
º: not previously disposed of in the undermentioned townships and parts of town-
Snips, VIZ:
North of base-line and west of the meridian :
[Here is given lists of townships to be sold.]
208 EARLY SALE AND DISPOSITION OF PUBLIC LANDS.
Lands appropriated by law for the use of schools, military, or other purposes, or re-
served for railroad E. will be excluded from the sale.
The offering of the above lands will be commenced on the day appointed, and will
proceed in the order in which they are tabulated in the lists of sectional subdivisions
until the whole have been offered and the sales thus closed ; but the sale shall not be
kept open longer than two weeks, and no private entry of any of the lands will be ad-
mitted until the day after the close of the public offering. ... All lands held at double
minimum price will be disposed of at not less than two dollars and fifty cents ($2.50)
per acre, and all the lands held at minimum price will be disposed of at not less than one
dollar and twenty-five cents ($1.25) per acre. Lists of sectional subdivisions are in the
hands of the district officers, and will be open for the examination of those desiring to
purchase.
Given under my hand, at the city of Washington, this — day of , A. D. 18–.
R. B. HAYES,
President of the United States.
By the President :
J. A. WILLIAMSON,
Commissioner of the General Land Office.
Notice to pre-emption claimants.
Every person entitled to the right of pre-emption to any of the lands within the
townships and parts of townships above enumerated is required to establish the same
to the satisfaction of the register and receiver of the Natchitoches land office, and
make payment therefor as soon as practicable after seeing this notice, and before the
day appointed for the commencement of the public sale of the lands embracing the
tract claimed; otherwise such claim will be forfeited.
No pre-emption claim based on a settlement subsequent to the date of this proclama-
tion, and prior to the offering, will be recognized by the Government.
- J. A. WILLIAMSON,
Commissioner of the General Land Office.
SEVERAL PRICES OF THE PUBLIC LANDS AT WARIOUS PERIODS.
The United States from 1785 to 1880 has sold land at various prices, as follows:
Agricultural lands at the rates of 12%, 25, 50, 66%, and 75 cents, and $1.00, $1.25, and
$2.50 per acre. Under the cash sales and pre-emption acts a vast area containing coal,
and millions of acres of timber land, have been sold at the foregoing rates.
Mineral lands. In Michigan, Wisconsin, and other States lands containing copper
and lead were formerly offered at public sale at not less than $5 per acre, and if not
then disposed of they were to be held for private sale at that rate. Persons in pos-
session under leases from the War Department, however, were to have preference right
of purchase, at the rate of $2.50 per acre. Under present laws, except in the States
of Michigan, Wisconsin, Minnesota, Missouri, and Kansas, lands valuable for minerals
contained in veins or lodes, or “rock in place,” including lead, copper, gold, silver, cin-
nabar, iron, &c., are sold at the rate of $5 per acre. Lands containing “placer” de-
posits of minerals are sold at the rate of $2.50 per acre. In the States above excepted
all lands are sold as agricultural.
Coal lands are sold at $20 per acre where situated within fifteen miles of a com-
pleted railroad; otherwise at $10 per acre.
Desert lands are sold at $1.25 per acre;
Saline lands at $1.25 per acre; and
Timber and 8tone lands at $2.50 per acre.
C H A P T E R IX.
To JUNE 30, 1882.
[See page 676.]
I) O N A TI O N S 0 F L A N D A N D S P E CIA L G R A N T S.
To JUNE 30, 1880.
MISCELLANEOUS DONATIONS.
Running through the statutes of the United States for a period of ninety years is a
series of laws for the disposition of the public domain other than by the cash, pre-
emption, or homestead methods, perhaps a thousand in number, most of them obsolete
because of execution, others still in force waiting confirmations under them or entire
execution.
Congress for many years after the organization of the Government took up special
and meritorious cases, and made grants of land in Satisfaction of conceded cases of
equity or merit.
LAND BOUNTIES TO BRITISH DESERTERS.
The first act of the Congress of the United States as to the disposition of public land
was an act of the Continental Congress of August 14, 1776—an act offering to receive
and make citizens of deserters from the British army (Hessians and British), and ten-
dering each deserter, and to him or his heirs, to be held by him or them in absolute
property, fifty acres of unappropriated land in some one of the States. By another act,
of August 27, 1776, Congress proffered a quantity of unappropriated land in absolute
dominion to such officers as should leave the armies of his Britannic majesty in America.
GRANT IFOR RELIGIOUS PURPOSES.
Congress, July 23, 1787, in the ordinance defining the “powers to the Board of Treas-
ury to contract for the sale of western territory,” called attention to the reservation
by the ordinance of May 20, 1785, of four sections in each township, viz.: sections Nos.
8, 11, 26, and 29, to the use of the United States and for future disposition by Con-
gress, and ordered the Board of Treasury to give lot (section) No. 29 in each township
or fractional part of a township perpetually for the purposes of religion. This grant was
made for this purpose only in the Ohio Company’s (Putnam and Cutler's) purchase
and in the John Cleves Symmes tract, now in the State of Ohio. The patents to both
the Ohio Company and John Cleves Symmes, issued by President Washington, set up
this reservation of the twenty-ninth section in each township in the several tracts for
the purpose of religion. This is the only direct and specific grant of land for religion
to be found upon the United States statute books, although some grants have been
made for mission purposes.
THE DORHMAN GRANT.
Arnold Henry Dorhman was agent for the United States at the court of Lisbon dur-
ing the Revolutionary War. His house was an asylum for American sailors who had
been captured by British cruisers. He fed, clothed, and nursed these unfortunates.
Congress, October 1, 1787, after stating an amount, for which he produced vouchers,
recited that there was a still larger amount due him for such expenditures and for
14 L O—WOL III 209
:210 DONATIONS AND SPECIAL GRANTs.
which he could not produce vouchers satisfactory to the Treasury Department, in con-
sideration of which they granted him, free of cost of survey or other charges, with legal
reservations therein, a township of land in the now State of Ohio. The act of Febru-
ary 27, 1801, directed the President to issue patent for the thirteenth township in the
seventh range to Arnold Henry Dorhman, or his legal representatives. This tract is
known as the “ Dorhman grant’ or “tract.”
GRANTS TO REFUGEES FROM CANADA AND NOVA SCOTIA.
During the War of the Revolution there was a force of Canadian officers and men in
the Army of the United States, who were known as “refugees from Canada.” Jonathan
£ddy and others were also refugees from the province of Nova Scotia at the same time.
"They became refugees on account of their attachment to the cause and interests of the
*Usited States. Congress, April 23, 1783, in considering the Canadian and Nova Scotian
refugees, ordered “that they (the Canadian refugees) for their virtuous sufferings in the
cause of liberty be further informed that whenever Congress can consistently make
grants of land they will reward, in this way, as far as may be consistent, the officers,
men, and other refugees from Canada.” Like action was had in the case of the refugees
from Nova Scotia. With the addition of recommending them to “the numanity and
particular attention of the several States in which they respectively reside.” A long
series of acts of Congress followed. The ordinance of May 20, 1785, reserved three
townships on Lake Erie—now in Ohio—for the satisfaction of the grants to these refu-
gees. This was never fully carried into effect, as other lands were appropriated in lieu
thereof by the act of July 18, 1801. *-
GRANTS TO EBENEZER AND ISAAC ZANE. /
May 17, 1796, Congress granted to Ebenezer Zane three tracts of land one mile
square, one on the Muskingum, one on the Scioto, and one on the Hockhocking River,
in the State of Ohio, for the purpose of building ferries on the road from Wheeling, Va.,
to Limestone, which road he was to open under the direction of the President of the
United States. These grants were confirmed to Zane and patented February 14, 1800.
The rates of ferriage at said ferries were to be “ascertained [fixed] by any two of the
judges of the territory northwest of the river Ohio, or such authority as shall be ap-
pointed for that purpose.”
April 3, 1802, Congress ordered the same allowance to Isaac Zane, his heirs or
assigns, locatable within the Northwest Territory, now in the State of Ohio.
GRANT TO THE FRENCEI OF GALLIOPOLIS.
The French grant to the French inhabitants of Galliopolis (now in Ohio) was made
by Congress March 3, 1795.
October 27, 1787, the Board of Treasury contracted with the Ohio Company for the
sale to them of certain lands in (now Ohio) the western territory—Cutler, Sargent,
and others. Cutler and Sargent, October 29, 1787, assigned a moiety of the land de-
scribed in the (second) contract with the Board of Treasury to William Duer and asso-
ciates. This portion of the land Joel Barlow was sent to Europe to dispose of. Duer and
associates became the Scioto Company, to whom the lands purchased of the Ohio Com-
pany by Duer were conveyed. The agent of this company in conjunction with Barlow
disposed of the lands to companies and individuals in France. These purchasers came
to America, and were met by Duer as agent for the Scioto Company and sent to Gal-
liopolis, on the Ohio River. Here each settler was presented with a deed for two lots
in town and a four-acre out-lot. The place of these locations was discovered to be
outside of the lands embraced in the first contract between the United States and the
Ohio Company, and also the land confirmed to that company by Congress April 21,
1792. So, to quiet their title and give their holdings a legal status, Congress passed
the several relief bills, beginning March 3, 1795, and followed by two several acts
thereafter.
DONATIONS AND SPECIAL GRANTS. - 211
GRANTS TO THE MARQUIS LAFAYETTE.
March 3, 1803, Congress directed the Secretary of War to issue land warrants to
Major-General La Fayette for 11,520 acres. The land was to be located, surveyed, or
patented at his option, or the warrants could be received in payment for lands within
the present State of Ohio. March 27, 1804, Congress ordered that the warrants above
granted might be located by General La Fayette in Orleans Territory.
Congress, December 28, 1824, ordered that $200,000 be paid to General La Fayette, and
granted him or his heirs a township of land, which was afterward located in Florida.
THE LEWIS AND CLARECE GRANT,
March 3, 1807, Congress granted Lewis and Clarke and their subordinates lands for
services in exploring the Louisiana purchase.
THE NEW MADRID GRANT,
February 17, 1815, Congress ordered that persons owning lands in the county of New
Madrid, in Missouri Territory (now State), November 10, 1812, and whose lands had
been materially injured by earthquake, should be permitted to locate the like.guan-
tity of land on any of the public lands of the said Territory, the sale of which was
authorized by law. This act was frequently amended, and scrip issued.
THE LEVEE GRANTS,
May 26, 1824, Congress granted tracts of land in their limits to the parish of Point
Coupee and the parish of West Baton Rouge on condition that they should keep a
good and sufficient levee on said land, in front and on the river Mississippi.
MORAVIAN INDIAN GRANTS,
John Etwein, president of the Moravian Brethren's Society, at Bethlehem, for Propa-
gating the Gospel among the Heathen, petitioned Congress for a grant of land in the
western country for the use of certain Indians formerly residing thereon. The ordi-
nance of May 20, 1785, provided “that the towns of Gnadenhutten, Schoenbrun, and
Salem, on the Muskingum, and so much of the lands adjoining to the said towns, with the
buildings and improvements thereon, shall be reserved for the sole use of the Chris-
tian Indians who were formerly settled there, or the remains of that society.” Con-
gress, September 3, 1788, ordered that the reservations be made (which was done) of
4,000 acres for each of the three towns named, all being in Tuscarawas County, Ohio.
August 4, 1823, Lewis D. de Schweinitz, on behalf of the Society of the United Breth-
ren for Promulgating the Gospel among the Heathen, and Lewis Cass, on the part of
the United States, at Gnadenhutten made an agreement whereby the Moravians retro-
ceded the grants of land above set out to the United States. After deducting lease-
holds and grants made by the society, $43,356 was expended by the society under this
trust up and to August 21, 1822, and their receipts from the lands were $9,998.58+,
leaving a deficit of $32,587.50%. The United States reimbursed the society for sur-
Veys and locations.
The agreement set out that the revocation of the trust and transfer to the United
States was conditioned upon the consent of the persons for whom the trust was cre-
ated being first obtained—“the persons” meaning the Christian Indians, who were
formerly settled there, or the remains of that society, including Killbuck and his de-
scendants, and the nephews and descendants of the late Captain White-Eyes, Delaware
chiefs—or such persons as are now entitled to the benefits of the trust: “the motives
of the society being to divest themselves of a trust burdensome to them and useless
to the Indians, that their funds devoted to charitable purposes may be applied where
there is a prospect that they will produce some permanent advantage.” This agreement
was affirmed by the society September 26, 1823.
212 DONATIONS AND SPECIAL GRANTS.
November 8, 1823, Lewis Cass, for the United States, made an agreement with the
Indians above named, or their heirs or descendants, known as the Society of Christian
Indians, affirming and consenting to the act of retrocession to the United States of
date August 4, 1823, with certain conditions as to reservation of land. This agreement
granted them annuities, which were realized by the sale of the lands in the tracts
named and placing the principal at interest. The deed of retrocession was executed
April 24, 1824, President Monroe having approved the agreement November 8, 1823.
GRANT TO POLISH EXILES.
June 30, 1834, Congress granted a quantity of land for certain Polish exiles—two
hundred and thirty-five in number—embracing thirty-six sections, which agents
located for them. Two townships were surveyed for them near Rock River, in Illinois.
These exiles from Poland were sent to the United States under order of the Emperor
of Austria.
LANDS GRANTED TO THE DEAF AND DUMB ASYLUM OF KENTUCKY.
By the act of April 5, 1826 (6 Stats., p. 339), there was granted to the Deaf and
Dumb Asylum of Kentucky one township of land, excepting the sixteenth section, for
the education of indigent deaf and dumb persons, with authority to sell said lands
within five years, to be located in one of the Territories on lands to which the Indian
title had been extinguished.
By the act of January 29, 1827 (4 Stats., p. 202), the location of so much of the grant
as had been located on lands previously taken by claims of pre-emptors in the Territory
of Florida was extended to unappropriated and unreserved lands in either of the Ter-
ritories of Florida or Arkansas.
By the act of March 3, 1843, the trustees of the Centre College of Kentucky were in-
vested with all the rights of the Deaf and Dumb Asylum of Kentucky in the grant,
provided that the proceeds of the sale of the lands were not diverted from the purposes
and intention of the original grant.
By the acts of April 11, 1836, July 20, 1840, April 14, 1842 (6 Stats., pp. 629, 810,828),
February 18, 1847 (9 Stats., p. 684), March 11, 1852 (10 Stats., p. 726), and February 7,
1857 (11 Stats., p. 496), the time within which the lands were to be sold by the original
grant, was extended to 1862, excepting that portion located in Arkansas, which was
limited to two years from the 5th day of April, 1842.
The lands located and patented under the grant amounted to 22,508.65 acres, of
which 20,411.22 were situated in Florida, and 2,097.43 in Arkansas.
GRANT TO JEFFERSON COLLEGE, IN MISSISSIPPI.
The grant to Jefferson College, Mississippi, is concisely stated in the order of the
Secretary of the Treasury dated October 5, 1812, as follows:
TREASURY DEPARTMENT.
Whereas by an act of Congress passed on the third day of March, one thousand
eight hundred and three, entitled “An act regulating the grants of land, and provid-
ing for the disposal of the lands of the United States south of the State of Tennessee,”
thirty-six sections of land to be located in one body, by the Secretary of the Treasury,
for the use of Jefferson College were excepted from the sales of public lands in the
Mississippi Territory;
And whereas by another act of Congress passed on the twentieth day of February,
one thousand eight hundred and twelve, entitled “An act authorizing the Secretary of
the Treasury to locate the lands reserved for the use of Jefferson College in the Missis-
sippi Territory,” the Secretary of the Treasury is specially authorized and empowered
to make the said location on any lands within the said Territory not sold or otherwise
disposed of, and to which the Indian title has been extinguished.
Now therefore be it known that I, Albert Gallatin, Secretary of the Treasury, in
pursuance of the authority vested in me as aforesaid, do hereby locate for the use of
Jefferson College the sections numbered one, two, three, four, five, six, seven, eight,
nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nine-
teen, twenty, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-
DONATIONS AND SPECIAL GRANTs. 213
six, twenty-seven, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-
three, and thirty-six, in township numbered ten in the second range west of the basis
meridian, and the adjoining seqtions numbered thirty and thirty-one, in township num-
bered ten in the first range west of the basis meridian of the land district east of
Pearl River, in the Mississippi Territory. -
Given under my hand and seal of office this fifth day of October, in the year one
thousand eight hundred and twelve.
[SEALI ALBERT GALLATIN,
Secretary of the Treasury.
f
SPECIAL GRANTS AND DONATIONS.
These special grants or donations, comprising almost all of any note, run through a
period of more than fifty years. For a complete list thereof see Statutes at Large from
1789 to 1850. Considering the tens of thousand of schemes presented, asking for dona-
tions of lands, the past legislation would indicate a jealous care on the part of Congress
of special legislation relating to donations from the public domain. -
The enactment of general settlement laws and the organization of a pre-emption
system prevented many more special grants from being made. The obtaining of grants
in many instances depends upon the energy and ability of the persons interested in them.
CHAPTER x.
To June 30, 1882.
[See pages 678-695.]
To JUNE 30, 1883.
[See page 1247.]
T H E PR E - E M PTION A CT S.
To JUNE 30, 1880.
The first enactment relating to pre-emption was the act of March 3, 1801, giving a
right of “pre-emption” to certain persons who had contracted with John Cleves
Symmes, or his associates, for lands lying between the Miami rivers, in the Territory
of the United States, northwest of the Ohio River. These persons were living upon
the lands once within the Symmes tract, but were not included in the patent for the
reduced area, which he finally obtained.
This pre-emption or preference right thus first established was a step toward abol-
ishing the sale of unoffered land, and giving a settler the first right or preference as
against a person desiring to purchase and hold for investment or speculation.
The essential conditions of a pre-emption are actual entry upon, residence in a
dwelling, and improvement and cultivation of a tract of land. The several pre-emp-
tion acts give a preference to the settlers.
Pre-emption is a premium in favor of and condition for making permanent settlement
and a home. It is a preference for actual tilling and residing upon a piece of land.
The original act was followed through the period from 1801 to 1841—forty years—by
sixteen acts; the most important being the act of 1830. Under the act of April
5, 1832, the Secretary of the Treasury, in 1834, ordered the subdivision of 80-acre.
tracts into 40-acre lots—quarter-quartersections—and the minimum subdivision forsale
or entry was a 40-acre parcel at $1.25 per acre.
EFFORTS TO CONFINE ITS BENEFITS TO CITIZENS,
During the consideration and prior to the passage of the pre-emption act of June
22, 1838, first session Twenty-fifth Congress, Mr. Merrick, of Maryland, in the Senate,
moved as an amendment: “That the benefits of pre-emption be confined to citizens
of the United States, excluding unnaturalized foreigners, or those who had declared
their intentions to become citizens.”
The vote upon Mr. Merrick's motion was—yeas: Messrs. Bayard, Clay of Kentucky,
Clayton, Crittenden, Davis, Knight, Prentis, Preston, Rives, Robbins, Smith of Indi-
ana, Southard, Spence, Tallmage, Tipton—15. Nays: Messrs. Allen, Benton, Brown,
Buchanan, Calhoun, Clay of Alabama, Cuthbert, Fulton, Grundy, Hubbard, King,
Linn, Lumpkin, Lyon, Manton, Nicholas, Niles, Nowell, Pierce, Roane, Robinson,
Sevier, Walker, Webster, White, Williams, Wright, Young of Illinois—28.
So the amendment was not adopted.
June 1, 1840, and the more complete act of September 4, 1841, gave a preference
right only where the settlement was made subsequent to survey, which were amended
and improved by acts of March 5, 1843, March 3, 1853, March 27, 1854. The two latter
acts modified this rule as to settlement, so as to permit pre-emptions to extend to
unsurveyed lands in California, Oregon, Minnesota, Kansas, Nebraska, and New Mex-
ico. The act of May 30, 1862, and sundry bills for relief of settlers passed at different
dates, extended the time of payment on account of drought, plague from grasshop-
pers, &c. The act of March 3, 1873, authorized joint entries, and the act of March 3,
1879, prescribed the manner of making “final proof.”
214
*
THE PRE-EMPTION ACTS. 215
By the act of March 3, 1853, preference rights attached to alternate even-numbered
sections along the lines of railroads where settled upon and improved prior to final
allotment of the granted sections, and to lands once covered by French, Spanish, or
other grants declared invalid by the Supreme Court of the United States.
By act of March 27, 1854, persons were secured in lands withheld for railroads,
where their settlements were made prior to the withdrawal from market.
The municipal town-site law of 1844, and the pre-emption provisions in the gradua-
tion act of 1854, gave way, the former to the town property and coal-land legislation,
of 1864 and 1865, the latter to the homestead statutes of 1862, 1864, 1866, the law of
30th May, 1862, intervening in regard to pre-emption and other important interests.
PRESENT LAw, JUNE 30, 1880.
The privilege of pre-emption now extends to settlement on unsurveyed as well as:
on surveyed lands, and a credit of from twelve to thirty-three months is given the
pre-emptor by residence thereon.
By act of application at a district land office and the payment of a fee for the regis-
tration of his claim, a person gains the right to occupy thereunder a certain tract of
land, offered or unoffered, now not more than 160 nor less than 40 acres (in the first
act the quantity was 640 acres), for a limited period, with obligation at the end of
that period to pay to the United States $1.25 per acre for the land in the tract claimed
or entered, and receive a patent therefor. &
Any person seeking the benefits of pre-emption under the laws now in force must
be the head of family, a widow, or a single man over twenty-one years of age, a
citizen of the United States, or must have filed a declaration of intention to become
such, and that he is not the owner of 320 acres of land within the United States, and
must be a person who has not quit or abandoned his or her own land in the same State
or Territory to reside upon the public lands.
Actual settlement upon the tract claimed, for the exclusive use and benefit of the
pre-emptor, and not for purposes of sale or speculation, must be shown, under the
rules and regulations of the department, to the satisfaction of the register and re-
ceiver. Upon these simple requisites entry may be made to the extent of one quarter-
section or other compact body, not exceeding 160 acres (unless the quarter-section sub-
division exceeds this amount by a fractional number of acres) upon any of the public
lands of the United States to which the Indian title has been extinguished, not re-
served, nor included within the limits of any incorporated town or selected for town-
site purposes, or actually settled and occupied for trade and business, or lands which
contain any known salines or minerals, also in the States of Alabama, Mississippi,
Louisiana, Arkansas, and Florida, in which, by special act of Congress of June 2, 1866,
the public lands were brought exclusively under the provisions of the homestead act,
but by act July 4, 1876, they are subject to private entry, after first being offered, and
are also subject to entry under the several settlement laws.
THE BENEFITS OF THE PRE-EMPTION SYSTEM.
The pre-emption system arose from the necessities of settlers, and through a series of
more than 57 years of experience in attempts to sell or otherwise dispose of the public
lands. The early idea of sales for revenue was abandoned, and a plan of disposition,
for homes was substituted. The pre-emption system was the result of law, experi-
ence, Executive orders, departmental rulings, and judicial construction. It has been
many-phased, and was applied by special acts to special localities, with peculiar or ad-
ditional features, but it has always and to this day contains the germ of actual settle-
ment, under which thousands of homes have been made and lands made productive,
yielding a profit in crops to the farmer and increasing the resources of the Natiou.
The necessity of protecting actual settlers on the public domain and giving a prefer-
ence right to persons desiring to make homes thereon became more apparent in the
years from 1830 to 1840. The receipts of the government from cash land sales, dur-
ing that period, was $81,913,017.83; in the years 1835 and 1836 being, respectively,
216 THE PRE-EMPTION ACTS.
$15,999,804.14 and $25,167,833.06. The largest yearly receipts before or since, and
representing about 32,800,000 of acres (approximating the area of the present State of
Alabama, and more than the area of Ohio or Indiana), were as follows:
In 1837 ------------------------------------------------------------- $6,770,036 52
In 1838 ------------------------------------------------------------- 3,081,939 47
In 1839 ------------------------------------------------------------ 7,076, 447 35
In 1840 ------------------------------------------------------------- 3,242,285 58
In 1841 ------------------------------------------------------------- 1,363,090 04
The number of entries thereunder, acreage, and locations cannot be given in detail,
because the system of the General Land Office carries them into “cash entries.” En-
tries under the pre-emption act as to acres therein and cash receipts therefor are em-
braced in the annual cash receipts from sales of lands.
The cash disposals of lands from the beginning of the land system to June 30, 1880,
are estimated at 169,832,564.61 acres. This includes pre-emption, homestead commuta-
tion, and graduation act entries, together with perhaps 20,000,000 acres, originally
entered under some special settlement or other law, and are accounted for under
different titles as well as under this chapter.
FORM OF PATENT FOR CASH OF PRE-EMPTION ENTRY.
(4–407.)
Certificate No. —.
The United States of America, to all to whom these presents shall come, greeting:
Whereas ha deposited in the General Land Office of the United States
a certificate of the register of the land office at , whereby it appears that full
payment has been made by the said according to the provisions of
the act of Congress of the 24th of April, 1820, entitled “An Act making further pro-
vision for the sale of the Public Lands,” and the acts supplemental thereto, for —
, according to the official plat of the survey of said lands, returned to the Gen-
: Land Office by the Surveyor General, which said tract ha been purchased by the
"Sal CI — — ;
Now know ye, that the United States of America, in consideration of the premises,
and in conformity with the several acts of Congress in such case made and provided,
‘have given and granted, and by these presents do give and grant, unto the said
and to — heirs the said tract above described: to have and to hold the same
together with all the rights, privileges, immunities, and appurtenances, of whatsoever
nature thereto belonging unto the said , and to — heirs and assigns
forever; subject to any vested and accrued water rights for mining, agricultural, manu-
facturing, or other purposes, and rights to ditches and reservoirs used in connection
with such water rights as may be recognized and acknowledged by the local customs,
laws, and decisions of courts, and also subject to the right of the proprietor of a vein
or lode to extract and remove his ore therefrom, should the same be found to pene-
trate or intersect the premises hereby granted, as provided by law.
In testimony whereof, I, , President of the United States of America,
have caused these letters to be made patent, and the seal of the General Land Office
to be hereunto affixed. *
Given under my hand at the city of Washington, the – day of , in the year
of our Lord one thousand eight hundred and —, and of the Independence of the
United States the one hundred and —.
By the President : *E=º te
[SEAL.] - By — —, Secretary.
, Recorder of the General Land Office. *
Recorded, vol. —, page —.
C H A P T E R XI.
To JUNE 30, 1882.
[See page 696.]
To June 30, 1883.
[See page 1247.]
SA LIN E L A N D S.
To JUNE 30, 1880.
RESERVATIONS AND GRANTs.
In the act of Congress of May 18, 1796, which provided for the sale of the public
lands in a portion of the territory northwest of the river Ohio, was a proviso that
salt springs were to be reserved for the use of the United States, together with a sec-
tion of one mile square, which should include the spring. A whole township of land
was to be reserved with one particular spring named in the act, situated on a creek
emptying into the Scioto River. By the act of 1800 the surveyor-general had author-
ity to lease these reserved lands. The acts for the admission of all the public-land
States, up to Nevada, gave to them all the salines not exceeding twelve in number
in the respective States, together with six sections of land with each spring for schoo
purposes and public improvements. \ .
NOT SUBJECT TO ENTRY UNDER PRE-EMPTION OR EIOMESTEAD LAW.
In the pre-emption act of September 4, 1841, sec. 10, it was ordered that “no lands
on which are situated any known salines, or mines, shall be liable to entry under and
by virtue of the provisions of this act.” The homestead act of May 20, 1862, reaffirmed
the exceptions in the pre-emption act of 1841, and its amendments. Salines were dis-
posed of by special acts of Congress—until after the admission of the State of Nebraska.
into the Union, March 1, 1867.
CHANGE IN SALINE LAWS.
The act of January 12, 1877 (see circular General Land Office April 10, 1877), pro-
vided a new mode of proceeding by which such lands are rendered subject to dis-
posal as other public lands. Under its provisions a hearing is ordered and witnesses
are examined as to the character of the land in question, and the testimony taken at
the hearing is transmitted to the General Land Office for its decision. Should the
tracts be adjudged agricultural, they will be subject to disposal as such. Should the
tracts be adjudged saline in character, they would be offered at public sale to the
highest bidder for cash, at a price of not less than $1.25 per acre. In case they are
not sold, the same will be subject to private sale at a price of not less than $1.25 per
acre, in the same manner as other public lands are sold. This law is not operative in
the Territories nor in the States of Mississippi, Florida, Louisiana, California, and Ne-
vada, because their former saline grants have not as yet been filled.
217
218 SALINE LANDS.
AREA OF GRANTS TO THE SEVERAL STATEs.
The following table shows the area and dates of grants, by Congress, of salines to
the several States:
TJnder what acts
States. Area. of Congress.
Alcres. - -
Ohio ------------------- tº tº tº e º s = º dº º tº * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 24, 216 || May 18, 1796; April
30, 1802; March 26,
1804.
Indiana------------------------------------------------------------- ‘....] 23,040 April 19, 1816.
Illinois-----------------------------------------------------------------. 121,029 April 18, 1818.
Missouri---------------------------------------------------------------- 46,080 | March 6, 1820.
Alabama.--------------------------------------------------------------- 3,040 || December 14, 1819.
Michigan --------------------------------------------------------------. 46,080 June 23, 1836.
Arkansas--------------------------------------------------------------- 46,080 June 23, 1836.
Iowa ------------------------------------------------------------------- 46,080 March 3, 1845.
Minnesota -------------------------------------------------------------- 46,080 | February 26, 1857.
Oregon-----------------------------------------------------------------. 46,080 | February 14, 1859.
is a º ºs e º sm • * tº s we as º ºs º º º ºs º º ºn º ºs e > * * * * * * * * * * * * * * * * * * * * s a s - sº gº º e s m = * * * * * * * * 46,080 January 29, 1861.
Nebraska--------------------------------------------------------------- 46,080 April 19, 1864.
Total ------------------------------------------------------------. 559, 965

º
NOTE.-With the exception of the States of Ohio, Indiana, and Alabama, each of which were granted
86 sections of land lying contiguous to the salt springs, 6 sections for each, for the use thereof; and of
the State of Illinois which was granted all the springs in the State, and the same quantity of land for
each, the remaining States in the above list were each granted 12 springs together with 6 sections of
land for the use of each spring, lying contiguous thereto. They were patented by the United States
to the several States, which disposed of them as they thought best.
CHAPTE R x II.
TO JUNE 30, 1882.
[See pages 696–709.]
To JUNE 30, 1883.
[See pages 1248–1249.]
S W A M P A N D OVER, FL 0 W E D L A N ID S.
To JUNE 30, 1880,
LEGISLATION RELATING TO SWAMP LANDS.
The attention of the Congress of the United States was early called to the fact of
vast areas of worthless public lands, lying as marshes, or subject to periodical over-
flow by adjacent water-courses.
Efforts to make these lands the subject of national legislation were first made in
1826 by a Senator from Missouri, who then unsuccessfully endeavored to obtain a ces-
sion to Missouri and Illinois of the swamps within the limits of those States respect-
ively.
Other efforts were made at intervals, but no definitive action was taken until the
passage of the act of March 2, 1849, applicable exclusively to Louisiana, a large ex-
tent of the territory of which was annually overflowed. Along the Mississippi, the
alluvial margin is from one to two miles wide; and to prevent the inundation of that
river, an artificial embankment or levee system had been resorted to—extending, on
the east side of the river, from forty miles below New Orleans to a distance up the
river of one hundred and eighty miles, and on the west side generally to the Arkan-
sas boundary.
To aid Louisiana. “in constructing the necessary levees and drains to reclaim the
swamps and overflowed lands therein,” Congress, by the act of March 3, 1849, granted
to that State “the whole of those swamps and overflowed lands which may be, or are,
found unfit for cultivation.”
The General Government, in the spirit of enlarged public policy, conceded this class
of inundated lands to aid in the construction of permanent levees, with a view to
secure private property, the theory being reclamation of the lands through the States,
and also as a sanitary measure.
Then followed the law of September 28, 1850, extending the grant to enable the
“State of Arkansas to construct the necessary levees and drains to reclaim the swamp
and overflowed lands therein,” the fourth and last section of which enlarged the grant
so as to embrace “each of the other States of the Union in which such swamp and
overflowed lands, known and designated as aforesaid, may be situated.” When this
measure had its origin, and before it became general, the grant was estimated as tak-
ing some five millions of acres. This and subsequent enactments has taken from the
public domain to June 30, 1880, by patent, 51,952,196.10 acres; and there are now in
the General Land Office claims by States under these several acts (including patented
lands) for 69,206,522.06 acres. Sec. 2480, R. S., gives the spirit and intent of the act
act as far as disposition of the proceeds from the sale of said lands by the States: “The
proceeds of said lands, whether from sale or by direct appropriation in kind, shall be
applied exclusively, as far as necessary, to the reclaiming of said lands, by means of
levees and drains.”
The reasons assigned for this donation to the several States were:
1. The alleged worthless character of the premises in their natural condition, and
the inexpediency of an attempt to reclaim them by direct national interposition.
219
220 swAMP AND OVERELowBD LANDs.
2. The great sanitary improvement to be derived from the reclamation of extensive
districts notoriously malarial, and the probable occupancy and cultivation that would
follow.
3. The enhancement in value, and readier sale, of adjoining Government property.
The measure as originally reported granted only such tracts as were designated on
the plats of the Government surveys as swamp and unfit for cultivation. Subsequent
amendments added to this the “overflowed lands,” conveying to the States the swamp,
or inundated, without’reference to their description on the plats of survey.
At an early.day (1851) in the administration of the act, a decision was rendered by
the then Secretary of the Interior, that the law was a grant in praesenti. Whilst this
class of lands was unsegregated, the laws for the public and private sales and loca-
tion of the public lands were in active progress. The result was that multitudes of
conflicts arose, growing out of entries and locations made by individuals of lands which
afterwards were selected and claimed as swamp. -
With a view to protect individual sales and locations in conflict with the swamp
grant, which, under the said decision, took precedence, Congress deemed it propertoin-
tervene by act, approved 3d March, 1855, conferring authority for the recognition and
patenting of such sales, and at the same time stipulating indemnity in cash for sales
which had been made by the United States of lands claimed as within the swamp
grant of 1850, and in other land for tracts of that class taken by individual locations.
In extending, by the act of March 12, 1860, the swamp grant of 1850 to the States of
Minnesota and Oregon, which had been admitted into the Union subsequent to the
original grant, Congress have laid down two important and just principles, essential
indeed to the successful and harmonious administration of the various laws under
which the land system is in operation; and these are, first, that the grant shall not in-
clude any lands which the Government “may have reserved, sold, or disposed of (in
pursuance of any law heretofore enacted) prior to the confirmation of title to be made
under the authority of said act ’’; and provided a limitation for the time of selection.
By acts of March 4, 1849, September 28, 1850, March 2, 1855, March 3, 1857, Con-
gress not only conceded swamp and overflowed lands “in place,” but when lands of
this class had been sold as arable, or located with bounty warrants, the statute au-
thorized the Department in the one case to pay over in money to the State authori-
ties the amount of such sales, and in the other to give to the State an equivalent in
public lands.
This was a cash and land indemnity. -
The total amount of indemnity adjusted and allowed since the passage of the in-
demnity acts to June 30, 1875, was $801,416.60 for cash entries of swamp lands, and
654,351.47 acres for swamp lands located with warrants or scrip. Special certificates
were issued to States for acres to be taken on other public lands in lieu of tracts cov-
cred by bounty-land warrants or scrip. The various laws fixed the method of se-
lection and patenting. - -
With the exception of California, Michigan, Minnesota, and Wisconsin, selections
of swamp lands are made by agents of the State and proof of the swampy character
of the land furnished. -
In Michigan, Minnesota, and Wisconsin, selections are made by the surveyor gen-
eral, or the General Land Office, from the field-notes of survey.
The tracts inuring to California are determined by three methods under the fourth
section of the act of July 23, 1866 (14 Stats., p. 218). .
The proof required by the General Land Office is set out in a series of circulars of
instructions issued from that office, beginning in 1850. The annual reports since
1850 of the General Land Office contain the reports of the division (now K) in charge
of such entries. . t
The swamp-land acts have been the subject of much complaint of fraud, actual
fraud, and deceit. Their execution has been attended with great difficulty, and lists
certified thereunder have required constant and most exact scrutiny. Millions of
SWAMP AND OVERFLOWED LANDS. 221
acres have been listed as swamp lands, which are now suspended for investigation.
Special agents have been, and are now, employed to unearth frauds under this act
against the Government. The Commissioners of the General Land Office for years
have called the attention of Congress to the frauds and attempted frauds under these
several acts by States and their agents.
The amounts realized by the different States and the prices paid to them by indi-
viduals and corporations for these lands (many as low as 10 cents per acre, and now
the best agricultural land in some of these States), would be an interesting chapter.
Such grants are always fertile fields for schemes. See legislative and political history
of the several States for this. -
The area thus far claimed, and in process of being claimed, by the several States
under these various acts, about equals the whole surface of the States of New Hamp-
shire, Massachusetts, Rhode Island, Connecticut, Vermont, Maine, New Jersey, Dela-
ware, Maryland, and West Virginia. -
A total of 69,206,522.06 acres of public lands have been claimed, to June 30, 1880,
as swamp and overflowed lands, by States in which they lie, and patents have been
issued for 51,952,196.10 acres. -
FORM OF SWAMP LAND PATENT.
The following is the form used for swamp-land patents, except those for lands in
Minnesota and Oregon, in which reference is made to the act of March 12, 1860:
No. —.
The United States of America, to all to whom these presents shall come, greeting:
Whereas, by the act of Congress approved September 28, 1850, entitled “An act to
enable the State of Arkansas and other States to reclaim the “swamp lands’ within
their limits,” it is provided that all the “swamp and overflowed lands,” made unfit
thereby for cultivation, within the State of which remained unsold at the pas-
sage of said act, shall be granted to said State :
And whereas, in pursuance of instructions from the General Land Office of the
United States, the several tracts or parcels of land hereinafter described have been
selected as “swamp and overflowed lands,” inuring to the said State under the act
aforesaid, situate in the district of lands subject to sale at , to wit: [Descrip-
tion of tracts, with the area in each township and the aggregate area embraced in the
patent] according to the official plats of survey of said lands, returned to the General
Land Office by the surveyor general, and for which the governor of the said State of
, did, on the – day of , one thousand eight hundred and , request
a patent to be issued to the said State, as required in the aforesaid act:
Now, therefore, know ye, that the United States of America, in consideration of the
premises, and in conformity with the act of Congress aforesaid, have given and
granted, and by these presents do give and grant, unto the said State of , in fee-
simple, subject to the disposal of the legislature thereof, the tracts of land above de-
scribed; to have and to hold the same, together with all the rights, privileges, im-
munities, and appurtenances thereto belonging, unto the said State of , in fee-
simple, and to its assigns forever.
In testimony whereof I, , President of the United States of America,
have caused these letters to be made patent, and the seal of the General Land Office
to be hereunto affixed. . -
Given under my hand at the city of Washington, the – day of in the year
of our Lord one thousand eight hundred and —, and of the Independence of the
United States the one hundred and —.
By the President: — —,
[SEAL.] * By — —, Secretary.
Becorder of the General Land Office.
222
SWAMP AND OVERFLOWED LANDS.
oPERATIONs UNDER THE SWAMP LAND ACTs To JUNE 30, 1880.
rº, º ºr= d2 rd Go rº º ºf 2, q2
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States. jº e º 33 ga-3 3.3 #####
8:5 ºf . $.33 – '83"> ‘s; 3...?
5- .33d 3 25 § ::3 ; : 333
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2. 2% 24 24
Alabama------------------------ tº º ºs º ºs º ºs 479, 514.44 |---------------. 395,315.09 |--------------
Ar - - - - - - - - - - - - - - - - - - - - - - - tº e ºs e m º ºs 8,652,472.93 ||---------------- 7, 130, 114.90 ------------- 4-
“California--------------- e - tº us tº e - tº º ºn e º 'º e as , 786,432.87 ---------------. 1,413,553.71 --------------
Florida ------------------------ tº º º sº º is a 15,656, 859. 23 |...... .......... 14, 500, 851.86 ||--------------
Illinois -------------------------------- 3,267,470. 65 |---------------. 1,451, 974.78 2,309. 07
Indiana------------------------- º º 'º º E tº E 1,354,732.50 |---------------. 1, 252,708. 21 4, 880.20
Iowa-...--------------------------------- 3,449, 720. 18 ---------------- 852,527. 51 321,468.23
Louisiana (act of 1849)----------------- 10, 817, 830.88 || 8,291, 311.91 ||------ . . . . ----|---...--...----. -
Jouisiana (act of 1850). ---...---- - * * * * * * 3,339. 13 ||---------------- 217,973.91 --------------
Michigan ---------------- tº º ºs ºn tº ºn tº * * * * tº º e 7, 378,804. 72 |---------------. 5, 640,313.21 18,903.93
esota ----------------------------- 3, 755,073. 33 ||---------------. 1, 359, 886.32 |--------------
Mississippi * * * * * * * * * * * * * * * * * * * * - tº sº º ºs ºs e ºs 3,070,645.29 |----...----..... 2,681, 383.16 ||-------------.
Ohi tirl---...- - - - - - - - - - - - - tº e s m ms -e ºs = e s s is a 4, "; ; ! • * * * * * * * * * * * s = * * 3, º; 108.01 37,062.23
hio ---------------------- tº e º sº - - - - as as ºn is sº • 14 1---------------- ,640. 71 |--------------
Oregon -------------------------------- 174,205.32 I.I.I.I.I.I.I. 4,449. 54 |--------------
Wisconsin --------------- • * * * * * * * - - - - - - 4, 200, 705. 85 |-----...--------- 3,036, 548.86 34, 910.75
Total.---------------------------- 69,206, 522.06 8,291, 311.91 43,241,349.78 419,534.41
Total acres patented to June 30, 1880, under all acts, as above, 51,952,190.10.
CHA PTE R XIII.
To JUNE 30, 1882.
[See pages 710, 711.]
To JUNE 30, 1883.
[See pages 1249, 1250.]
EDUCATIONAL LAND GRANTS BY THE UNITED STATES TO PUBLIC-
LAND AND OTHER STATES. -
To JUNE 30, 1880.
GRANTS AND RESERVATIONS.
The lands granted in the States and reserved in the Territories for educational pur-
poses by acts of Congress from 1785 to June 30, 1880, were—
For public or common 8chools,
Every sixteenth section of public land in the States admitted prior to 1848, and
every sixteenth and thirty-sixth section of such land in States and Territories since
organized—estimated at 67,893,919 acres.
For Seminaries or wmiversities,
• The quantity of two townships, or 46,080 acres, in each State or Territory oontain-
ing public land, and, in some instances, a greater quantity, for the support of semi-
naries or schools of a higher grade—estimated at 1,165,520 acres.
For agricultural and mechanical colleges.
The grant to all the States for agricultural and mechanical colleges, by act of July
2, 1862, and its supplements, of 30,000 acres, for each Representative and Senator in Con-
gress to which the State was entitled, of land “in place” where the State contained
a sufficient quantity of public land subject to sale at ordinary private entry at the
rate of $1.25 per acre, and of scrip representing an equal number of acres where the
State did not contain such description of land, the scrip to be sold by the State and
located by its assignees on any such land in other States and Territories, subject to
certain restrictions. Land in place, 1,770,000 acres; land scrip, 7,830,000 acres; to-
tal, 9,600,000 acres.
In all, 78,659,439 acres for educational purposes under the heads above set out to
June 30, 1880. -
The lands thus ceded to the several States were disposed of or are held for disposi-
tion, and the proceeds used as permanent endowments for common school funds. (See
Reports of the Commissioner of Education, Hon. John Eaton, to June 30, 1880; land
and auditors' reports of the several land States; Kiddle & Schem's Dictionary of Edu-
cation; and also ninth census, F. A. Walker, Superintendent, for details of endowments
of the several States for common schools resulting from sales of United States land
grants for education.) As an illustration, the State of Ohio has a permanent endow-
ment for education called the “Irreducible State Debt,” the result of sale of all
granted lands for education, of $4,289,718.52.
EARLY EDUCATIONAL INTEREST,
The importance attached to education by the founders of the Republic is shown by
the provisions they made for its permanent endowment. Indeed, in the earliest set-
- 223
224 FDUCATIONAL LAND GRANTS.
tlements on this continent of the Anglo-Americans, measures were adopted in the cause
of education, not only as essential to morals, social order, and individual happiness,
but as necessary to new and liberal institutions. Every immigrant ship had its school-
master on board, each settlement erected its school-house, and the cultivation of the
mind advanced with the culture of the soil from the landing of the Mayflower through
our colonial history.
Prior to the revolution, in the different colonies the subject of popular education had
attracted attention, and provision had been made for its practical realization. The
theory of general education found no basis in the aristocratic social constitution of the
mother country, while in the colonies themselves were to be found influences decidedly
hostile to it. The injustice and persecution, however, which had caused the immi-
gration to this country, especially to the northern celonies, wonderfully neutralized
the religious and political prejudices of our forefathers, and prepared them to accept
doctrines of very opposite tendency. The comparative feebleness of aristocratic pres-
tige in the forests of the New World permitted the development of the sentiment of
independent manhood. The establishment of democracy was followed by the natural
development of its principles, especially in the direction of popular education. -
After the erection of the States into an independent republic, and before the adop-
tion of the Constitution, the Continental Congress, by the ordinance of 20th May,
1785, respecting the disposition of lands in the Western Territory, prepared the way for
the advance of settlements and education as contemporaneous interests.
THE FIRST RESERVATION FOR SCHOOL PURPOSES-THE SIXTEENTH SECTION.
Mr. Jefferson, Mr. Dane, Mr. Madison, and other statesmen of that day assumed,
without question, that a government, as the organ of Society, enjoys the right, and is
vested with the power, to meet the necessity of public education. So the question of
the endowment of educational institutions by the Government in aid of the cause of
education seems to have met no serious opposition in the Congress of the Confedera-
tion, and no member raised his voice against this vital and essential provision relat-
ing to it in the ordinance of May 20, 1785, “for ascertaining the mode of disposing of
lands in the Western Territory.” This provided: “There shall be reserved the lot No.
16 of every township for the maintenance of public schools within said township.”
This was an endowment of 640 acres of land (one section of land, one mile square)
in a township 6 miles square, for the support and maintenance of public schools
“within said township.” The manner of establishment of public schools thereunder,
or by whom, was not mentioned. It was a reservation by the United States, and ad-
vanced and established a principle which finally dedicated one thirty-sixth part of
all public lands of the United States, with certain exceptions as to mineral, &c., to
the cause of education by public schools. -
July 23, 1787, in the report from a committee consisting of Messrs. Carrington,
King, Dane, Madison, and Benson, reporting an ofdinance of “Powers to the Board of
Treasury” to contract for the sale of western territory in the Continental Congress,
it was ordered “That the lot No. 16 in each township, or fractional part of a town-
ship, to be given perpetually for the purpose contained in said ordinance” (the ordi-
nance of May 20, 1785, above referred to). This additional legislation made the reser-
vation of the sixteenth section perpetual.
In the Continental Congress, July 13, 1787, according to order, the ordinance for the
government of the “Territory of the United States northwest of the river Ohio.”
came on, was read a third time, and passed. It contained the following: -
ART. 3. Religion, morality, and knowledge being necessary to good government
and the happiness of mankind, schools and the means of education shall forever be
encouraged.
The provision of the ordinance of May 20, 1785, relating to the reservation of the
sixteenth section in every township of public land, was the inception of the present
rule of reservation of certain sections of land for school purposes. *
EDUCATIONAL LAND GRANTS. 225
The endowment was the subject of much legislation in the years following. The
question was raised that there was no reason why the United States should not organ-
ize, control, and manage these public schools so endowed. The reservations of lands
were made by surveyors and duly returned.
This policy at once met with enthusiastic approval from the public, and was tacitly
incorporated into the American system as one of its fundamental organic ideas.
Whether the public schools thus endowed by the United States were to be under
national or State control remained a question, and the lands were held in reservation
merely until after the admission of the State of Ohio in 1802.
The movement in the cause of education was not confined to the legislative depart-
ment, for at an early period the public mind was aroused to the importance of the
subject by elaborate papers emanating from eminent men, among whom stands con-
spicuous Dr. Benjamin Rush, one of the signers of the Declaration of Independence,
who in 1786 memorialized the legislature of Pennsylvania in favor of a thorough sys-
tem of popular instruction, maintaining that it was favorable to liberty, as freedom
could only exist in the society of knowledge; that it favors just ideas of law and
government; that learning in all countries promotes civilization and the pleasure of
society; that it fosters agriculture, the basis of national wealth; that manufactures
of all kinds owe their perfection chiefly to learning; that its beneficial influence is
thus made coextensive with the entire scope of man's being, mortal and immortal,
individual and social. At a later period, 1790, the same great man addressed a Con-
gressional representative from Pennsylvania, declaring that “the attempts to perpet-
uate our existence as a free people by establishing the means of national credit and
defense” are “feeble bulwarks against slavery compared with the habits of labor
and virtue disseminated among our people”; adding, “Let us establish schools for
that purpose in every township in the United States, and conform them to reason,
humanity, and the state of society in America,” and then will “the generations.
which are to follow us realize the precious ideas of the dignity and excellence of re-
publican forms of government.”
RESERVATION OF THE THIRTY-SIXTH SECTION IN ADDITION TO THE SIXTEENTEI.
The reservation of a section, or one mile square, of 640 acres, in each township, for
the Support of public schools, was specially provided for in the organization of each
new State and Territory up to the time of the organization of Oregon Territory.
April 30, 1802, Congress, in the act authorizing the formation of a State govern-
ment in the eastern portion of the Northwestern Territory (Ohio), enacted the fol-
lowing three propositions, which were offered for the acceptance or rejection of the con-
vention to form the constitution of Ohio. (Up to this time no transfers by the United
States of title or control of the sixteenth section of reserved school lands had taken
place.)
By section 7:
First. That the section number sixteen in every township, and where such section
has been sold, granted, or disposed of, other lands equivalent thereto and most con-
tiguous to the same, shall be granted to the inhabitants of Such townships for the use
of schools. . .
The Second was a saline reservation, and the third related to a moiety of the net
proceeds of the sales of public lands, for the laying out of roads, &c.
The three conditions above set out were in consideration of the non-taxation of the
public domain, for a period after sale, about which there was serious discussion as to
who should tax, or whether it should be taxed at all, prior to or after purchase. The
non-taxation compensation was that no tax on the land sold by the United States should
be laid by the authority of the State, county, or townships therein for the term of five
years after the date of sale. The object of this stipulation was to prevent any person
from obtaining a tax title under the authority of the State before the United States
had received the full amount of the purchase money. Lands were then sold on credit
by the United States of one, two, three, four, and five years, at two dollars per acre.
15 L O—WOL III
226 EDUCATIONAL LAND GRANTS.
The people of Ohio complied with the above stipulations, November 29, 1802, and
were admitted into the Union. -
The act of Congress of March 3, 1803, in addition to the above act of April 30, 1802,
provided—
That the following several tracts of land in the State of Ohio be, and the same are
hereby, appropriated for the use of schools in that State, and shall, together with all
the tracts of land heretofore appropriated for that purpose, be vested in the legisla-
ture of that State, in trust for the use aforesaid, and for no other use, intent, or pur-
pose whatever. - -
Thus Congress transferred the reserved school lands, section 16 in each township,
and provided an indemnity for such sections as had already been sold or taken prior
to survey to the State of Ohio, in trust for the United States, and the people of the
State, for schools. Prior to this, laws were silent as to how the proceeds of these re-
served lands were to be applied or by whom.
Congress thus made the State its trustee. Compacts between the United States on
the admission of the States of Indiana, Illinois, and Louisiana, and all the States
admitted into the Union prior to 1820, also contained the provisions above set out.
THE SIXTEENTH SECTION.
To each organized Territory, after 1803, was and now is reserved the sixteenth sec-
tion (until after the Oregon Territory act reserved the thirty-sixth as well) for school
purposes, which reservation is carried into grant and confirmation by the terms of the
act of admission of the Territory or State into the Union; the State then becoming
a trustee for school purposes.
These grants of land were made from the public domain, and to States only which
were known as public-land States. Twelve States, from March 3, 1803, known as
public-land States, received the allowance of the sixteenth section to August 14, 1848.
..(See table, page 228.)
OTHER SCHOOL GRANTS.
Congress, June 13, 1812, and May 26, 1824, by the acts ordering the survey of cer-
tain towns and villages in Missouri, reserved for the support of schools in the towns and
villages named, provided that the whole amount reserved should not exceed one-twen-
tieth part of the whole lands included in the general survey of such town or village.
These lots were reserved and sold for the benefit of the schools. Saint Louis received
a large fund from this source. These acts benefited the towns and villages of Saint
Louis, Portage des Sioux, Saint Charles, Saint Ferdinand, Villa a Robert, Carondelet,
Saint Genevieve, New Madrid, New Bourbon, Little Prairie in the Territory (now
State) of Missouri, and Arkansas in the Territory of Arkansas. The act of May 26,
1824, extended the benefits of both acts to the village of Mine à Burton.
THE THIRTY-SIXTH SECTION.
In the act for the organization of the Territory of Oregon, August 14, 1848, Senator
Stephen A. Douglas inserted an additional grant for school purposes of the thirty-
sixth section in each township, with indemnity for all public-land States thereafter to
be admitted, making the reservation for school purposes the sixteenth and thirty-sixth
sections, or 1,280 acres in each township of six miles square reserved in public-land
States and Territories, and confirmed by grant in terms in the act of admission of
such State or Territory into the Union.
From March 13, 1853, to June 30, 1880, seven States have been admitted into the
Union having a grant of the sixteenth and thirty-sixth sections, and the same area
has been reserved in eight Territories. (See table, page 228.)
UNIVERSITIES.
July 23, 1787, Congress, in the “Powers to the Board of Treasury to contract for the
sale of Western Territory,” ordered— - -
That not more than two complete townships be given perpetually for the purpose
of an university, to be laid off by the purchaser or purchasers as near the centre as
EDUCATIONAL LAND GRANTS, 227.
may be, so that the same shall be of good land, to be applied to the intended object
by the legislature of the State.
This related to lands now in the State of Ohio, in the Symmes and Ohio Company
purchases. This inaugurated the present method of taking from the public lands,
for the support of seminaries or schools of a higher grade, the quantity of two town-
ships at least, and in some instances more, to each of the States containing public
lands, and special grants have also been made to private enterprises.
In the legislation relating to the admission of the public-land States into the Union,
from the admission of Ohio in 1802 to the admission of Colorado in 1876, grants of two
townships of public lands, viz, 46,080 acres each, for university purposes are enumerated.
Ohio, Florida, Wisconsin, and Minnesota are the exceptions, each having more than
two townships in area. Nineteen States have had the benefit of this provision, and
the two townships are reserved in the Territories of Washington, New Mexico, and
Utah. These will be granted and confirmed to them upon their admission into the
Union. These reservations in each case require a special act. All school, university
or agricultural college lands granted are sold by the legislatures of the several States
or leased, and the proceeds of sale or lease applied to education. A table annexed
gives the States and Territories and areas, with dates of laws making reservations
or grants of university lands.
MANNER OF SELECTING SCHOOL LANDS.
As soon as, in running the lines of the public surveys, the school sections “in
place” 16 and 36 are fixed and determined, the appropriation thereof for the educa-
tional object is, under the law, complete and lists are made out and patents issued to
the States therefor. -
When sections 16 and 36 are found to be covered with prior adverse rights, such as
legal occupancy and settlement by individuals under settlement laws, prior to survey
of the lands, or deficient in area, because of fractional character of the townships, or
from other causes, selections for indemnity are made.
INDEMINITY SELECTIONS.
Selections from other public lands as indemnity for deficiencies in sections 16 and 36
and fractional townships under acts of May 20, 1826, and February 26, 1859, are made
by agents appointed by the respective States, which selections are filed in the local
offices of the district in which the land is situated, and if found to be correct are cer-
tified to the General Land Office by the register of the local office where filed. If,
upon examination by the Commissioner, the same are found to inure to the State, a
list is made out and certified to the Secretary of the Interior for his approval. When
approved, a certified copy of the same is transmitted to the governor of the State in
which the selections are made, and a copy thereof transmitted to the local office from
which the selections are received, to be placed on file, and the approvals to be noted
on its records.
By the approval of the Secretary, the fee is passed to the State. (See sec. 2449 Re-
vised Statutes.)
The same course is pursued in making selections under the grants for internal im-
provements and agricultural colleges.
ACREAGE OF SIXTEENTH AND THERTY-SIXTH SECTIONS.
The following statement shows the number of acres (estimated) to be embraced in
the grant of sections 16 in some of the States, and sections 16 and 36 in others, for
school purposes; also the number of acres estimated to be embraced in sections 16 and
36 reserved for the same purposes in the organized Territories by acts of Congress,
the dates of which are given in the proper column.
228 EDUCATIONAL LAND GRANTS.
Statement of the grants to States and reservotions to Territories for school purposes.
States and Territories. Total area. Dates of grants.
SECTION 16.
we us ºs º ºs - - sº a s gº º s º ºs - - - tº e º -e ºs - 4 gº ºn tº º ºs ºn tº tº º - tº tº tº º tº tº tº º ºs º is sº sº º º
“Colorado ----------------------------------------------------
Washington Territory...... - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
TNew Mexico Territory--------------------------------------
Jtah Territory -------------------------------------- * * * * * * *
Pakota Territory ---------- ---------------------------------
Montana Territory
Arizona Territory
#daho Territory.--------------------------------------------
Wyoming Territory ----------------------------------------
704,488 || March 3, 1803.
650, 317 | April 19, 1816.
985, 066 || April 18, 1818.
1, 199,139 || March 6, 1820.
902, 774 || March 2, 1819.
837, 584 || March 3, 1803; May 19,
1852; March 3, 1857.
786,044 || April 21, 1806; February
15, 1843.
1,067, 397 June 23, 1836.
86,460 , Do.
908, 503 || March 3, 1845.
905, 144 Do.
958, 649 || August 6, 1846.
6, 719, 324 || Act March 3, 1853.
2,969,990 | February 26, 1857.
3,329,706 | February 14, 1859.
2,801, 306 || January 29, 1861.
3,985, 428 March 21, 1864.
2,702,044 || April 19, 1864.
3, 715, 555 March 3, 1875.
2, 488, 675 March 2, 1853.
4, 309, 368 September 9, 1850; July
22, 1854.
3,003, 613 | September 9, 1850.
5, 366,451 | March 2, 1861.
5, 112,035 | February 28, 1861.
4,050, 347 || May 26, 1864.
3,068, 231 || March 3, 1863.
3,480, 281 July 25, 1868.
• * * * - - - - - * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
67, 893, 919
No grants to Indian and Alaska Territories.
Lands in sixteenth and thirty-sixth sections in Territories not granted, but reserved.
Lands in place and indemnity for deficiencies in sections and townships, under acts of May 20, 1826,
and February 26, 1859, included in above statement.
UNIVERSITY GRANTS,
[See page 1249.]
The following statement shows the number of acres granted to the States and re-
served in the Territories of Washington, New Mexico,
and Utah, for university pur-
poses, by acts of Congress, the dates of which are given in proper column:
Grants and reservations for wmiversities.
States and Territories. - Total area. Under what acts.
Aleres. -
"Ohio ------------------------------------------------ 69, 120 | April 21, 1792; March 3, 1803.
Indiana--------------------------------------------- 46,080 April 19, 1816; March 26, 1804.
Illinois ------------------------------------- cº º sº tº sº e º ºs - 46,080 || March 26, 1804; April 18, 1818.
Missouri-------------------------------------------- 46,080 | February 17, 1818; March 6, 1820.
Alabama ------------------------------------------- 46,080 | April 20, 1818; March 2, 1819.
Mississippi ----------------------- as a s e s sº e s - as a • * = s. s = • 46,080 arch 3, 1803; February 20, 1819.
ilouisiana------------------------------------------- 46,080 Agi. 1806; March 3, 1811; March
3, 1827.
Michigan ------------------------------------------- 46,080 June 23, 1836.
Arkansas ----------------------- * - tº º ºs º ºs ºs e as * * * * * * * * * * 46,080 Do.
Florida. ------------------ * * * * * * * * * * * * * * * * * * * * * * * * * * * 92,160 | March 3, 1845.
Iowa. -------------------- * * * * * * * * * * * * * * * * * * e - tº º as tº º sº e 46,080 Do.
Wisconsin -------------------------------- is ºn tº gº ºn as ſº gº tº º 92,160 August 6, 1846; December 15, 1854.
"California---------------------------------- p = • * * * * * * 46,080 March 3, 1853. -
Minnesota ------------------------------------------ 82, 640 || March 2, 1861; February 26, 1857;
- July 8, 1870.
Qregon --------------------------------------------- 46,080 February 14, 1859; March 2, 1861.
Kansas ----------------- sº mº m ms tº ºn sm s as * * * * * * * * * * * * * * * * * * 46,080 January 29, 1861. -
Nevada --------------------------------------------- 46,080 July 4, 1866. º
Nebraska ------------------------------------------- 46,080 | April 19, 1864.
Tolorado ------------------------------------------- 46,080 March 3, 1875.
Washington Territory------------------------ tº ſº s ºr ºr e 46,080 || July 17, 1854; March 14, 1864.
New Mexico Territory------------------------------ 46,080 July 22, 1854.
ADtah Territory ------------------------------------- 46,080 | February 21, 1855.
Total ----------------------------------------- 1, 165, 520
Ilands in the Territories not granted, but reserved.
tº
EDUCATIONAL LAND GRANTs. 229
AGRICULTURAL AND MECHANICAL COLLEGE GRANTS.
July 2, 1862, Congress enlarged the national educational endowment system by the
donation to each State of thirty thousand acres of public land not otherwise reserved
(nomineral lands could be selected, and selections must be of quarter-sections), for each
Senator and Representative (to which such State was entitled under the apportion-
ment of 1860), for the support of colleges for the cultivation of agricultural and me-
chanical science and art. It was championed in the Senate by Hon. Justin S. Morrill,
of Vermont.
The law contained a provision for location in place, and an issue of scrip in lieu of
place locations. The Commissioner of the General Land Office, in 1875, in the case of
the new State of Colorado, ruled that the grant attaches to a new State without fur-
ther legislation. - O -
“In place” means that the States having public lands in their limits were to take
such lands in satisfaction of their allowance under this law.
“In scrip” means an issue of redeemable land scrip, assignable, which might be lo-
cated according to law and stipulations in the act, to States which had no public
lands within their limits from which their allowance could be satisfied.
Special certificates with printed forms of selections were furnished States making
selections from public lands within their limits. The scrip was issued by the Com-
missioner of the General Land Office. (See Regulations of General Land Office, May
4, 1863, June 17, 1864, September 16, 1874, and July 20, 1875, and subsequently, to
registers and receivers.) - - ~.
This scrip can be located upon land subject to sale at ordinary private entry at
$1.25 per acre, or used in the payment of pre-emption claims, and the commutation
of homestead entries. Circular from the General Land Office of date July 20, 1875,
gives full details as to methods of location and entry. -
The lands entered in “place” were sold by the several States, and the proceeds
thereof used to endow agricultural colleges. The “scrip” was sold by the several
States (in most cases) and the proceeds from the same used for the same purpose.
The following statement shows the number of acres granted for agricultural and
mechanical colleges by acts of Congress, the dates of which are given, to such of
the States as had sufficient public land within their limits subject to sale at ordinary
private entry at $1.25 per acre, inclusive of the scrip provided to be issued to the
to the other States of the Union by the act of Congress of July 2, 1862, and supple-
mental acts:
States having land 8wbject to 8election, “in place,” under act of July 2, 1862, and acts amenda–
tory thereof.
s - Acres.
Wisconsin-------------------------------------------, ------...----------- 240,000
Iowa-------------------------------------------------------------------. 240,000
Oregon.----------------------------------------------------------- © e = * * * * 90,000
Ransas.-------------------- --------------------------------------------- 90,000
Minnesota.------------------------------------------------- * - © tº ſº º º ſº tº sº e º ºs gº 120,000.
Michigan --------------------------------------------------------------- 240,000
California----------------------------------- • - - - - - - - - - - - - - - - - - - - - - - - - - - - 150,000
Nevada (also under act of July 4, 1866). ----...----...----...----...----..... . 90,000
Missouri ---------------------------- * = • * * * * * * * * * * * * * * * * * * * * * * * * * * * ~ * - - - - 330,000
Nebraska (also under act of July 23, 1866). -------------...--. . . . . . . . . . ... 90,000
Colorado---------------------------------------------------------------. 90,000
Total ------------------------------------------------------------- 1,770, 000
States to which scrip was issued, and amount.
Acres.
Rhode Island-------, -------------------------------------------- 120,000
Illinois -------------------------------------------------------. . 480,000
Kentucky. ----. -------------- * * * * * * * * * * * * * * * * * * * * * is sº is sº sº a s = e = * * * * 330,000
Vermont -----------, ------------------------------------------- 150,000
New York------------------------------------------------------- 990, 000.
230 EDUCATIONAL LAND GRANTS.
Acres. Acres.
New Jersey .... --..... • - - - - - - - - - - - - - - - - - - - - - - - e sº e º as * * * * * * s s s a sº as a 210. 000
New Hampshire.......... & º ºs º is tº s tº us e º e º sº • e - - - - - - - - - - - - - - - - - - - - - - - 150,000
Connecticut------------------------------- nº º ºs s º ºs * * * * * * * * * * * * * * * * 180,000
Massachusetts.---- tº sº tº sº e º 'º º sº ºn sº sº ---------------------------------- 360,000
Malne ----...---- * * * * * * * * * * * * * * * * * * * * * * * * > * sº sº e g º is is sº e s tº sº * * * * * * * * * * * -- 210, 000
Maryland-------------------------------- • e = * * * * * * * ~ * - - - - - - - - - - - 210,000
Virginia ------------------------------- . .----------------------- 300,000
Tennessee------------------------------------------------------ 300,000
Delaware ------- tº ſº ºn tº ſº tº º ºs ºs º ºr * * * * * * * * * * * e is º ºs w = es e s = e is sº * * * * * * * * * * * * * 90,000
Ohio------------------------------------------------------------ 630,000
West Virginia---------------------------------------- & sº sº as sº sº º sº, º e ºs 150,000
Indiana---------------------------------------- ge º 'º dº º s º ºs º ºs º º ºs º ºs as as 390,000
North Carolina-------------------------------------------------- 270,000
Louisiana------------------------?------------------------------ 210,000
Alabama-------------------------------------------------------- 240,000
Arkansas------------------------------ tº gº ºn tº gº sº e º 'º º ºr º e º 'º º ºs º ºs º is sº tº * * * 150,000
South Carolina.------------------------------------------------- 180,000
Texas ---------------------------------------------------------- 180,000
Georgia.--------------------------------------------------------- 270,000
Mississippi------------------------------------------------------ 210,000
Florida ---------------------------- • * * * * * * * * * * * * * * * * * * * * * * * * * * * * 90,000
Total ------------------------------------------------------------- 7,830,000
Total in place and scrip --------------------.`---------------------- 9,600,000
AGRICULTURAL COLLEGES.
The following statement shows the names and locations of agricultural colleges,
with the number of acres of scrip or land in place given to the several States, and
the amounts realized therefrom : .
Agricultural colleges located by the several States under the act of July 2, 1862.
q) ºf rºd º gº
© of 92 -
3. #
8 # $32, tº $2
© x g © q2
*š ºš is
33 ####
Name and location. # CD §5?', e.
§§ 's 25°.
3’E gº § 3rd 5 *
g P £ rº 5 § : #
#ss ää Bä
2.
Agricultural and Mechanical College of **** Ala --------- $216,000 240,000, scrip.
Arkansas Industrial University, Fayetteville, Ark --------------------- 135,000 150,000, scrip.
University of California, Berkeley, Cal-------------------------......... 750, 000 150,000, place.
Agricultural College of Colorado, Fort Collins, Colo”--------------------|------------ 90,000, place.
Sheffield Scientific School of Yale College, New Haven, Conn ---...----. 135,000 180,000, scrip.
Delaware College, Newark, Del-----------. ---------------------------- 83, 000 90,000, scrip.
State Agricultural College, Eau Gallie, Fla. (location questionable;
college not yet organized)-------------------------------------------. 110,806 90,000, scrip.
Georgia State College of Agriculture and the Mechanic Arts, Athens,
Ga (departments of University of Georgia). --........... --........... 243,000 ||------------------
North Georgia Agricultural College, Dahlonega, Gaf.......-------...-...---------- 270,000, scrip.
Illinois Industrial University, Urbana, Ill.--. ................ -- . . . . . . . . . 319,494 || 480,000, scrip.
Purdue University, La Fayette, Ind.------------------------...-....... 212, 238 390,000, scrip.
iowa State Agricúlturaičoilege, Ames, iowa.................I.I.I.I.I. 500,000 || 240,000, place.
Eansas State Agricultural College, Manhattan, Kans....... ------------ 290,000 96,000, place.
Agricultural and Mechanical §: of Kentucky, Lexington, Ky. . . . . 165,000 330,000, scrip.
Louisiana State Agricultural and Mechanical College, Baton Rougé, Lat. .... . . . . . . . . 210,000, scrip.
Maine State:College of Agriculture and the Mechanic Arts, Orono, Me . . 116, 359 210,000, scrip.
Maryland Agwicultural College, College Station, Md.................... 112, 500 210,000, scrip.
Massachusetts Agricultural College, Amherst, Mass . . . . ...-------...--. 157, 538 } 360, 000 s: *
Massachusetts Institute of Technology, Boston, Mass ... -------...--. . . . . 78,769 , UUU, Scrip.
Michigan State Agricultural College, Lansing, Mich.................... 275, 104 240,000, place.
University of Minnesota, Minneapolis, Minn ---...--...............----. §178,000 120,000, place.
*::: ultural and Mechanical Department of Alcorn Dniversity, Rodney, 113,400
SS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 3.
Agricultural aad Mechanical College of the State of Mississippi, Stark- ; 210,000, scrip.
Ville, Miss -------------------------------------------------. ... ------ 115,000 -
Uniºof * #: º il Columbia, M - 5, 000
icultural and Mechanical College, Columbia, Mo. . . . . . . . . . . . . . . . $
gri g Mo } 330,000, placo

School of Mines and Metallurgy, Rolla, Mo -- . . . . . . . . . . . . . . . . . . . . . .]... ---------
EDUCATIONAL LAND GRANTS.
231
Agricultural colleges located by the 8everal States, &c.—Continued.
cº º
© º 3.8
7. #
gå §§§
§ 3 ###3
'## ####
Name and location. P:37, $57, E,
#: so.H.”
rāg o, E. H --
#3 ſº 5 º, rºd 35 º
#5 É # géâ #
#ss ääää
2.
University of Nº Lincoln, Nebr.--------------------------------|------------ 90,000, place.
University of Nevada, Elko, Ney--------------------------...------...--. $90,000 90,000, place.
• New Hampshire College of Agricultural and the Mechanic Arts, Han- -
over, N.H.--------------------------------------- • * * * * * * * * * g º e º ſº tº e º sº is ge 80,000 150,000, scrip.
Rutgers Scientific School of Rutgers College, New Brunswick, N. J.... 116,000 210,000, scrip.
Q9Inell University, Ithaca, N. X---------------------------------------- 602, 792 990,000, scrip.
University of North Carolina, Chapel Hill, N. C. ----...--............... 125,000 270,000, scrip.
Qhio State University, Columbus, Ohio ---------------...-----------...--- 507,913 630,000, scrip.
State Agricultural College, Corvallis, Oreg .............. * * * * * * * * * * * * * * * * * * * * * * * * * * * * 90,000, place.
Pennsylvania State College, State College, Pa. -------------------------- 439, 186 780,000, scrip.
Brown University, Providence, R. I.-------------------------........ , ſº tº º 50,000 120,000, scrip.
South Carolina Agricultural College and Mechanics' Institute, Orange-
burg, S. C. -----------------------------------------------------------|-----------. 180,000, scrip.
Tennessee Agricultural College, Knoxville, Tenn....... ---------....... 271,875 300,000, scrip.
Agricultural and Mechanical College of Texas, College Station, Tex.... 209,000 180,000, scrip.
University of Vermont and State Agricultural College, Burlington, Vt.. 122,626 150,000, scrip.
Virginia \; and Mechanical College, Blacksburg, Wa......... 190,000 300, 000, Scri
Hampton Normal and Agricultural Institute, Hampton, Va.-----....... 95,000 ; www.y p.
West Virginia University, Morgantown, W. Va.----...---------........ 90,000 150,000, scrip.
University of Wisconsin, Waison, Wis.-------------------------------- 244,805 240,000, place.


Total of 9,600,000 acres: In place, 1,770,000 acres; scrip, 7,830,000 acres.
* Prospective endowment is the Congressionai grant to agricultural colleges, amounting in Colorado
to 90,000 acres; not yet in the market.
flèeceives #gº; the Universi
$27,000 of State bonds scaled to sigºod of new state boſſ,
Estimated. º
of Georgia $3,500, º interest of the land scrip fund.
OITC18.
C EIA PT E. R. X. IV.
To JUNE 30, 1882.
[See pages 711–721.]
To JUNE 30, 1883.
[See pages 1250, 1251.
LAND BOUNTIES FOR MILITARY AND NAVAL SERVICES.
To JUNE 30, 1880.
From the earliest era of our history the policy of rewarding the defenders of the
country has been marked by great liberality, and land bounties were promised at a
period prior to the Nation's possessing public domain. These grants under general
laws to June 30, 1880, amount to 61,028,430 acres.
CONGRESSIONAL ACTION,
The Colonial Congress, by a resolution passed September 16, 1776, made grants to
the officers and soldiers who should engage in the service, and continue therein to the
close of the war, or until discharged by Congress, or to the representatives of such
officers and soldiers as should be slain by the enemy. Such lands to be provided by
the United States—and the expense in procuring them to be borne by the States, as
other expenses of the war: For a colonel, 500 acres; for a lieutenant-colonel, 450 acres;
for a major, 400 acres; for a captain, 300 acres; for a lieutenant, 200 acres; for an en-
sign, 150 acres; to each non-commissioned officer and soldier, 100 acres.
September 20, 1776, the Colonial Congress amended the above resolve by providing
that Congress should not grant lands to any person or persons claiming under the
assignment of an officer or soldier. w - -
August 12, 1780, the Continental Congress resolved that the land resolution of Sep-
tember 16, 1776, be extended so as to give a major-general 1,100 acres and a brigadier-
general 850 acres.
April 23, 1783–
Re8olved, That when Congress can consistently make grants of land they will reward
in this way the officers, men, and other refugees from Canada.
The above was the origin in the United States of bounties of lands for military or
naval service. - *
In early legislation certain tracts of country with defined limits were set apart for
the satisfaction of the warrants, to which in locating they were restricted. The res-
ervations were known as “military districts.”
MILITARY RESERVATIONS AND LAND DISTRICTS.
LAND BOUNTIES FOR SOLDIERS SERVING IN THE CONTINENTAL LINE UNDER AUTHOR-
ITY OF CONGRESS.
For services in the “Continental Line,” during the war of the Revolution, as stipu-
lated in the resolution of Congress of September 16, 1776, bounty lands might be lo-
cated in the
UNITED STATES MILITARY DISTRICT IN OHIO.
June 1, 1796, Congress set apart a tract of land for bounties in the “Northwestern
Territory,” now in the State of Ohio, for the officers and soldiers serving upon their
establishment in the Revolutionary war, known as the “United States Military Dis-
trict,” Ohio, of about 4,000 square miles, or 2,560,000 acres, embracing within its
232
MILITARY AND NAVAL LAND BoüNTIES. 233
limits, in whole or in part, the counties of Tuscarawas, Guernsey, Muskingum, Mon-
roe, Coshocton, Holmes, Knox, Licking, Franklin, Delaware, Noble, and Lake.
The land warrants granted by the United States, under the act above mentioned,
were restricted to and located exclusively in this military district, until after the
passage of the scrip act of May 30, 1830, by which the revolutionary warrants, issued
either by the General Government or by the Commonwealth of Virginia, could be
exchanged for scrip, and the same located either in Ohio, Indiana, or Illinois.
. The United States military warrants could also be located in the said district up to
July 3, 1832, when it was provided by an act of Congress that all the vacant lands
therein should be made subject to private sale, and the same were disposed of accord-
ingly, and went into private hands.
Since that time these United States warrants could either be converted into scrip,
under the said act of May 30, 1830, or the same could be located upon any of the pub-
lic lands subject to sale at private entry, as the parties in interest might prefer. The
right to locate, under act 22d June, 1860, however, expired by limitation of law June
22, 1863. *
The warrants issued under the act of June 1, 1796, amounted, June 30, 1880, to
2,095,220 acres.
VIRGINLA MILITARY DISTRICT IN OBLIO,
The district known as the “Virginia Military District,” lying in the “Northwest-
ern Territory” now in Ohio, between the Little Miami and Scioto Rivers, north of the
Ohio River, and estimated to contain 6,570 square miles or 4,204,800 acres, was reserved
in the cession by Virginia, in 1784, of her territory northwest of the river Ohio, for the
purpose of satisfying the warrants issued, or to be issued, to the officers and soldiers
of the Continental line, army and navy, under the laws of Virginia, for military serv-
ices during the war of the Revolution, as they were promised by the legislature of the
State.
The United States assumed this military land obligation of Virginia, and issued
warrants in favor of individual owners. *
The Virginia military district was ordered to be set aside in the ordinance of May
20, 1785, which provided for “ascertaining the mode of disposing of lands in the West-
ern Territory,” as follows: -
Saving and reserving always, to all officers and soldiers entitled to lands on the
northwest side of the Ohio, by donation or bounty from the commonwealth of Vir-
ginia, and to all persons claiming under them, all rights to which they are so entitled
under the deed of cession executed by the delegates for the State of Virginia, on the
first day of March, 1789, and the act of Congress accepting the same, and to the end
that the rights may be fully and effectually secured, according to the true intent and
meaning of the said deed of cession, and act aforesaid, be it ordained, that no part of
the land included between the rivers called Little Miami and Scioto, on the northwest
side of the river Ohio, be sold, or in any manner alienated, until there shall first have
been laid off and appropriated for the said officers and soldiers, and persons claiming
under them, the lands they are entitled to, agreeably to the said deed of cession and
act of Congress accepting the same.
The State of Virginia, December 9, 1852, in consideration of the passage of the
“scrip” act by Congress of August 31, 1852, granted to the United States all the land
in the Virginia military district not previously located by warrants. Up to June 30, 1861,
the locations by warrants therein were 3,770,000 acres, leaving a small amount of un-
located land. The “scrip” issued by the act of August 31, 1852, and amended June 22,
1860, was for the commutation of all warrants fairly and justly issued or allowed by the
authorities of the State of Virginia for Revolutionary services prior to March 12, 1852;
the scrip thus issued in lieu of warrants to be locatable upon any of the public lands
of the United States subject to sale at private entry.
It was evident that the Virginia military district did not contain sufficient land
to satisfy all bounty claims. Up to June 30, 1880, there has been issued scrip for
1,041,976 acres. The unsurveyed and unappropriated lands in this district were ceded
to the State of Ohio, February 18, 1871. They amounted to 76,735,44 acres, and were
234 MILITARY AND NAVAL LAND BOUNTIES.
appraised at $74,287.45. They were ceded by the State March 26, 1872, to the “Ohio
Agricultural and Mechanical College.”
LAND BOUNTIES, WAR OF 1812 witH GREAT BRITAIN.
Congress, December 24, 1811, January 11, 1812, and February 6, 1812, promised land
bounties for services in the Army of the United States. These acts were to increase
the existing military establishment. The first promised a bounty in lands, for five
years' service, of 160 acres to each non-commissioned officer or soldier, to go to his
heirs and representatives if he was killed in action or died in the service. In the
second act, for raising certain regiments of infantry, artillery, and dragoons, the same
bounty in lands was provided. These were for the permanent army. The act of Feb-
ruary 6, 1812, gave authority to the President to call out 50,000 volunteers for twelve
months. By this act the heirs of any non-commissioned officer or soldier who might
be killed or die in the service were to receive 160 acres of land.
By the provisions of the act of May 6, 1812, land, not exceeding 6,000,000 of acres,
was directed to be surveyed, reserved, and set apart for the purpose of satisfying the
land bounties promised by the acts above set out; 2,000,000 acres to be surveyed in
the then Territory of Michigan, 2,000,000 in the Illinois Territory, and 2,000,000 in
the Territory of Louisiana, between the river St. Francis and the river Arkansas.
By the subsequent act of Congress approved April 29, 1816, it was declared that so
much of the act of May 6, 1812, as directed that 2,000,000 acres should be surveyed,
&c., in the Territory of Michigan, should be repealed, and that in lieuthereof 1,500,000
acres should be laid off in the Illinois Territory, and 500,000 acres in the Missouri
Territory, north of the river Missouri. The great mass of warrants issued for that
service has been satisfied under a lottery system, by locations in Illinois, Arkansas,
and Missouri. The issue of such warrants, however, ceased 25th June, 1858, by lim-
itation, in the act of 8th February, 1854, and even the right to locate them expired 22d
June, 1863, that being the limitation fixed by the aforesaid act of 22d June, 1860.
The warrants for services in the war of 1812 could only be laid upon tracts in the
six million acres embraced in the “military districts of Illinois, Missouri, or Arkansas.”
Subsequently, in virtue of the act of July 27, 1842, reviving authority for the issue of
warrants for services in the revolution and war of 1812, all military land warrants
could be located upon any of the public lands “subject to sale at private entry.”
“MILITARY RESERVATIONS” OF PORTIONS OF THE PUBLIC DOMAIN FOR SATISFYING
- LAND BOUNTIES. -
The object of the “military reservation” system, or allotting a special tract or region
of land or country to the satisfaction of a specific bounty grant made by Congress,
was to induce settlement and cultivation in those localities by the soldier. The then
remoteness of those districts from the great centers of population, the Eastern and
Middle States, defeated the object, leaving the patented lands to pass into the hands
of speculators, or become liable to forfeiture for non-payment of State taxes. These
results led to the abandonment of the system, and to the extension of the privilege to
the soldier or his assignee to select in satisfaction of the warrant any lands of the
United States subject to private entry. e
The soldier was still further benefited and protected by a stipulation existing in all
the bounty-land laws prohibiting the seizure or sale by legal process of the warrant
to pay any debt contracted prior to the issue of patent for the land selected, and all
sales, letters of attorney, or written instruments affecting the title to the warrants
executed prior to the issue thereof, are declared to be null and void, thus effectually
securing to the soldier, if so disposed, a home for himself and family. -
WARRANTS FOR SERVICES IN THE WAR OF 1812.
For services in the war of 1812 with Great Britain, there have been issued, pursuant
to the act of May 6, 1812, and supplements, 29,186 warrants, embracing an aggregate of
MILITARY AND NAVAL LAND BOUNTIES. 235
4,853,600 acres. For nearly all of these, patents have been issued to the individual
warrantees or their heirs, in tracts, the greater portion of one hundred and sixty acres
each, and the residue, or double bounties, of three hundred and twenty acres.
This includes the allowances to the inhabitants of the province of Canada who
joined the armies of the United States, and served in the war against Great Britain. .
(See act of March 5, 1816.) •
WARRANTS FOR SERVICES IN WAR WITH MEXICO.
The war with Mexico was proclaimed on the 13th of May, 1846, and on the 11th of
February, 1847, an act was passed giving bounties for military service. It ordered
that non-commissioned officers, musicians, and privates who served in the war with
Mexico in the volunteer army of the United States for twelve months, or who should
be discharged for wounds or sickness prior to the end of that time, or in case of his
death while in the service, then his heirs should receive a certificate or warrant from
the War Department for the quantity of 160 acres of land, the same to be entered
at any district land office on lands open to private entry; the certificate to be returned
to the General Land Office, and patent to issue therefor. -
There was in this act a provision for acceptance by applicant of a Treasury scrip for
$100 at 6 per cent. interest in lieu of 160 acres of land. Those who served less than
twelve months on like terms as to death or discharge for wounds were to receive each
a warrant for 40 acres of land, or a Treasury scrip for $25, if preferred. The privi-
leges of bounty lands were extended by the act of September 28, 1850, granting an
80-acre warrant, and relating to services in all the Indian wars since 1790, the war of
1812, and to the commissioned officers in the war with Mexico; by act of March 22, .
1852, making land warrants assignable, and extending the provisions of the act of Sep-
tember 28, 1850, and by the act of March 3, 1855.
This last act made 120-acre, 100-acre, 60-acre, and 10-acre warrants, and extended
the bounty-land privilege so as to make the entire classes receiving the same some
32 in number, in the Army, Navy, and elsewhere. It was a comprehensive act, em-
bracing almost all the wars the United States had participated in. It granted to all
officers and soldiers who had served in any war in which our country had been en-
gaged, from the revolution to the 3d March, 1855, 160 acres each, or so much, with
what had been previously allowed, as would make up that quantity. It extended the
concession to a service of only fourteen days or an engagement in a single battle, and,
in case of death, to the widow or minor children. (See Mayo & Moulton's Pension and
Bounty-land Laws; see circular to registers and receivers, General Land Office, July
20, 1875, respecting the location and assignment of bounty-land warrants.)
TOTAL NUMBER OF WARRANTS ISSUED FOR MEXICAN WAR.
The total number of warrants issued under these several acts to June 30, 1880, has
been 551,193, containing 61,028,430 acres (see statement, also showing outstanding
warrants and areas), or more than twice the area of the State of Ohio or Pennsylvania,
and a million of acres more in area than all the New England States with the addition
of New Jersey, Delaware, and Maryland.
All military bounty-land warrants under general laws are issued by the Commissioner
of Pensions. After location they are forwarded to the General Land Office for exami-
nation and approval. After approval patents are issued from the General Land Office
for the land.
Thousands of land bounties have been granted by special acts of Congress growing
out of the wars prior to 1861, and not herein specifically set out. (See Statutes.)
For existing laws upon this subject see chapter X, title “Bounty Lauds”; also
secs. 2414 to 2446, R. S.
236 MILITARY AND NAVAL LAND BOUNTIES.
REVOLUTIONARY WAR AND WAR OF 1812.
The following statement exhibits the warrants in acres issued under several acts of
Congress for the Revolutionary war and war of 1812:
Acres.
Revolutionary war: .
Act of September 16, 1776-------------------------------------- 2,095,220
Act of February 18, 1801--------------------------------------- 58,260
Act of March 3, 1803------------------------------------------- 11, 520
2, 165,000
War of 1812:
Act of May 6, 1812--------------------------------------------- 4,853,600
Act of March 5, 1816.-------------------------------------- • - - - 76,592
— 4,930 192
Total ------------------------------------------------------------- 7,095, 192
The following exhibit shows the amount of “scrip” issued by the United States to
claimants, in lieu of land warrants for military service, to June 30, 1880:
“Sorip” in lieu of land warrants.
Acres.
Act of May 30, 1830.--------------------------------------------------- 393,293
Act of July 13, 1832.--------------------------------------------------- - 300,000
Act of March 2, 1833---------------------------------------------------- 200,000
Act of March 3, 1835.--------------------------------------------------- 585,000
Act of August 31, 1852-------------------------------------------------- 1,041,976
Act of June 5, 1858 ----------------------------------------------------- 6,6663
Act of February 9, 1863.------------------------------------------------ 11,904
Act of July 2, 1862 ----------------------------------------------------- 9, 600,000
It will be noted that the several acts of Congress on and after May 6, 1812, making
changes or alterations in the then existing laws, from time to time, down to July 2,
1862, generally presented as curative acts, and with the intention of covering existing
cases of hardship, always resulted in the increase of the land-bounty class, and further
depleted the public domain.
Locations of warraNTS FOR YEAR To JUNE 30, 1880.
Statement of the total number of acres located at the various United States district land
offices with military-bounty land warrants issued under the acts of 1847, 1850, 1852, and
1855, in the several land States and Territories, for the year ending June 30, 1880.
Acres.
Alabama ------------------------ , - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- 40
Arkansas ------------------------------------------------------------------- 120
Arizona ------------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 40
California--------------------------------------------------------------. ... 10,280
Colorado------------------------------------------------------------------- 1, 340
Dakota.------------. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 9,640
Florida ---------------------------------------------------- --------------- 720
Kansas -------------------------------------------------------------------- 11, 400
Louisiana ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1,040
Michigan ------------------------------------------------------------------ 41, 560
Minnesota.----------------------------------------------------------------- 2,760
Mississippi----------------------------------------------------------------- 320
Missouri ------------------------------------------------------------ - - - - - - - 200
Nebraska------------------------------------------------------------------- 3,600
New Mexico.---------------------------------------------------------------- 160
Oregon.--------------------------------------------------------------------- 680
tah ---------------------------------------------------------------------- 360
Washington.--------------------------------------------------------------- 280
Total acres----------------------------------------------------------- 84, 540
Warrants outstanding (22,202) not located .....---, - - - - - - - - - - - - - - - - ........ 2,535,910
MILITARY AND NAVAL LAND BOUNTIES.
237
BOUNTY LAND GRANTS–NUMBER OF WARRANTS AND ACRES.
The following table shows the bounty-land grants under the acts of 1847, 1850, 1852,
and 1855, which included nearly all the wars the United States has been engaged
in, and all operations thereunder to June 30, 1880:
Statement, under acts of 1847, 1850, 1852, and 1855, showing the i88wes and locations with
bounty-land warrants, and the number outstanding, from the commencement of operation8
wnder 8aid acts to June 30, 1880.

e re; dº rº; ſº r:
º § # 3 †: g
É # 2, § # *, * | * * § 2.
Grade of ts .3 #3 .3 ## # #
T2,00 Of WarſallºS. § §§ § .# #3 .#
ă 33 º 3:5 3% § 5
lº. 3 5 3 p Q
Ž, <! 2. <! 2. <!
Act of 1847, 160 acres ---...--...----. 80,666 | 12,906, 560 | 78,985 | 12,637,600 | 1,681 268,960
Act of 1847, 40 acres ---...-...-...--- 7, 583 303, 320 7,070 282, 800 513 20, 520
Total -------- - * * * * * * * * tº nº e º ſº tº º ſº. 88,249 || 13, 200,880 86,055 | 12, 920, 400 2, 194 289,480
Act of 1850, 160 acres -----...-...--. 27,438 4,390,080 26, 791 || 4, 286,560 647 103, 520
Act of 1850, 80 acres ---------------. 57,712 || 4,616,960 56, 206 || 4, 496, 480 1, 506 120,480
Act of 1850, 40 acres ............. --. 103,971 4, 158,840 100, 525 4,021, 000 3,446 137,840
Total ------------------------- 189,121 | 13, 165,880 | 183, 522 | 12, 804,040 5, 590 361, 840
Act of 1852, 160 acres --------------. 1,223 195,680 1, 192 190, 720 31 4,960
Act of 1852, 80 acres ---------...----. 1,698 135,840 1,661 132,880 37 2,960
Act of 1852, 40 acres ......... --...--. 9,065 362, 600 8,874 354, 960 191 7,640
Total.------------------------ 11,986 694, 120 11, 727 678, 560 259 15, 560
Act of 1855, 160 acres ............... 114,519 18,323,040 108,629 || 17,380,640 5,890 942, 400
Act of 1855, 120 acres ---------...--. 96,917 | 11, 637, 240 90,348 || 10, 841,760 6,629 || 795,480
Act of 1855, 100 acres ----------...---. 6 600 5 500 100
Act of 1855, 80 acres .... -----------. 49,431 3,954,480 47, 867 3,829, 360 1, 564 125, 120
Act of 1855, 60 acres ---------------- 359 21, 540 310 18, 600 49 2, 940
Act of 1855, 40 acres ---...--...----. 540 21, 600 465 18, 600 75 3,000
Act of 1855, 10 acres ---------------- 5 50 3 30 2 20
Total ------------------------. 261,837 33,958, 550 247, 627 32,089, 490 14, 210 | 1,869,060
SUMMARY -
Act of 1847..... tº a tº sº e º sº tº º E tº gº {º º ºs º º ºs ºs ºn as 88,240 || 13, 209,880 86,055 12, 920, 400 2, 194 280,480
Act of 1850. --...--...- tº gº tº º ſº tº * * * * * * * * * * 189, 121 | 13, 165, 880 | 183, 522 12, 804,040 5, 599 361, 840
Act of 1852.----------- * * * * * s tº s = en m sº ºn s 11,986 94, 120 11,727 678,560 259 15, 560
Act of 1855.---------- * * * * * * * {º tº dº º tº gº dº et 261,837 || 33,958, 550 247, 627 32,089,490 14, 210 1,869,060
Total.---------- ... --...-------| 551, 193 61,028,430 528,931 58,492, 460 22, 262 2, 535, 940
CHA PTE R XV.
To JUNE 30, 1882.
[See pages 721–727.]
To JUNE 30, 1883.
(See page 1251.]
Two, THREE, AND FIVE PER CENT. FUNDs.
º To JUNE 30, 1880.
GRANTS TO STATES OF PORTION OF NET PROCEEDS FROM SALES.
Congress, by several acts of dates given below, granted and allowed to the several
States containing public lands, with the exception of California, two, three, and five
per cent. upon the net proceeds of the sales of public lands therein. These allowances .
were in lieu of State taxation of United States public lands Within said States, and in
many instances took effect from the date of admission into the Union.
Per cent.
Alabama, September 4,1841, and March 2, 1855. ---------------------------------- 2
Mississippi, September 4, 1841 --------------------------------------------------- 2
Missouri, February 28, 1859.---------------------------------------------- ------ 2
Ohio, April 30, 1802, and June 30, 1802....:------ ... • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 3.
Indiana, February 1, 1816, and April 19, 1816------------------------------------- 3
Mississippi, March 1, 1817, and July 4, 1836---------. * * * * * * * * * * * * s tº 4 º ºs ºº e s = * * * g º º ºs e as 3
Illinois, April 18, 1818---------------------- sº, e s a e s = * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Missouri, March 6, 1820. ------------------------------------------------------... -- 3
Alabama, March 2, 1819, and July 4, 1836---------------------------------------- 3.
Louisiana, act February 20, 1811.-. ---------------------------------------------- 5.
Michigan, June 23, 1836--------------------------------------------------------- 5.
Arkansas, June 23, 1836--------------------------------------------------------- 5.
Florida, March 3, 1845. ---------------------------------------------------------- 5.
Iowa, March 3, 1845, and December 28, 1846------...----. -------------------------- 5.
Iowa, March 2, 1849--------------------------------------------------- * * * * * * * * * * 5.
Colorado, March 3, 1875. -------------------------------------------------------- 5.
Nebraska, April 19, 1864--------------------------------------------------------- 5.
Nevada, March 21, 1864.--------------------------------------------------------- 5
Oregon, February 14, 1859.------------------------------------------------------ 5
Minnesota, February 26, 1857, and May 11, 1858 ----...----...--...----------...----. 5
Wisconsin, August 6, 1846, and May 29, 1848-------...----------------------------- 5

Statement of the amounts which have accrued to the following named States on account of the
two, three, and five per cent, upon the net proceeds of the sales of public lands to June 30,
1880, inclusive. -

States. Two per cent. Three per cent. Five per cent. | Aggregate.
Alabama------------------------------- $401, 782 23 $602, 583 34 |..... - - - - - - - - - - - $1,004, 365 57
kansas ------------------------------|----------------|---------------. $227,359 05 227, 359 05
Colorado -------------------------------|----------------|---------------- 9, 589 73 9, 589 73
Florida --------------------------------|-------------------------------- 28,975 44 28,975 44
Iºwa.----------------------------------|----------------|----. • a s gº s = * * * * 626,075 16 626,075 16
Illinois --------------------------------|---------------- 712,744 82 - - - - - - - - - - - - - - - - 712,744 82
Indiana --------------------------------|---------------- 618, 277 50 |... . . . . . . . . . . . . . 618,277 50
Kansas -------------------------------- tº º tº Gº tº ºn * * * * * * * * * * e º e º e º ºr e º 'º 258,842 11 258,842 11
Pºuisiana ------------------------------|----------------|---------------- 315,612 89 315,612 89
Michigan ------------------------------|----------------|---------------- 471,344 55 471, 344 55.
Minnesota.-----------------------------|----------------|----- * * * * * * * * * * * 99,409 47 99, 409 47
#.jp. «s º e s m e º ºs e e º ºs e º sº ºne ºs º is as as tº e º we s m & 395, 142 08 592,690 20 . . . . . . . . . . .----- 987, 832 28
Missouri. ------------------------------ 15, 587 78 535,836 05 |... ------------- 551, 423 83
Nebraska ------------------------------|---------------- & sº dº e º sº º ºs e < * * * 116,578 67 116,578 67
Nevada --------------------------------|----------------|---------------- 8, 319 84 8, 319 84
Ohio -----------------------------------|---------------- 596,634 10 |. -- - - - - - - - - - - - - - 596,634 10
Qregon --------------------------------|----------------|---------------. 34,911 09 34,911 09.
Wisconsin ---------------------------------------------|---------------- 455,253 73 455,253 73
Total ---------------------------- 812, 512 09 3, 658,766 01 2, 652,271 73 7,123,549 83.
Two, THREE, AND FIVE PER CENT. FUNDs. 239
TAXATION OF PUBLIC LANDS.
f
DECEMBER 1, 1883.
Under the present practice, after the register's certificate and receiver's receipt have
been issued for lands purchased of or acquired from the United States, the authorities
of the States or Territories in which they lie list them for taxation although no patent
has issued. Prior to this only the value of improvements is taxed, not the land, as
the fee is in the United States. States containing public lands renounce their right to
tax the public domain at the time of their admission into the Union. A State may tax
land after it has been entered and paid for, although no patent has been entered (is-
sued) therefor. (Carroll v. Safford, 3 How., 441; Leviv. Thompson, 4 How., 17; Carroll
v. Perry, 4 McLean, 25; Astrom v. Hammond, 3 McLean, 107; Witherspoon v. Dun-
can, 4 Wall., 210; S. C., 21 Ark., 240.)
C H A PTE R XVI.
To JUNE 30, 1882.
[See pages 727–747.]
To JUNE 30, 1883.
[See pages 1251, 1258.]
INDIAN RESERVATIONS FROM THE PUBLIC DOMAIN.
To JUNE 30, 1880.
EXTINGUISHING THE INDIAN TITLE TO LANDS.
Preliminary to survey of lands within the public domain the United States requires
the extinction of the Indian title or Indian right of occupancy thereof. Without this
being done the surveys will not be made.
The ninth article of the Articles of Confederation declared—
The United States in Congress assembled have the sole and exclusive right and power
of regulating the trade and managing all affairs with the Indians not members of any
of the States: Provided, That the legislative right of any State within its own limits
'be not infringed or violated.
Under this, September 22, 1783, Congress issued a proclamation prohibiting and for-
bidding all persons from making settlements on lands inhabited or claimed by Indians
without the limits or jurisdiction of any particular State, and from purchasing or re-
ceiving any gift or cession of such lands or claims without the express authority and
direction of the United States in Congress assembled.
It further declared that every such purchase or settlement, gift or cession, not hav-
ing the authority aforesaid should be “null and void,” and that no right or title
should accrue in consequence of any such purchase, gift, cession, or settlement.
INDIAN OCCUPANCY TITLE TO THE PUBLIC DOMAIN–HOW ExTINGUISHED.
From the organization of the National Government it has been the rule of the Nation
to purchase the occupancy right from the Indians, generally giving them more value
in the compensation than the use of the ceded lands is worth to the Indians. The
Government has never attempted to survey and dispose of lands prior to their cession
by the Indians.
The civil status of the Indians has been defined by a long series of statutes and
court rulings.
In the cases of the Cherokee Nation v. Georgia (5 Peters, 1), and Worcester v.
Georgia (6 Peters, 515), the Indian tribes residing within the United States were rec-
ognized in some sense as political-bodies, not as foreign nations nor as domestic Ina-
tions, but still possessing and exercising some of the functions of nationality; but by
act of Congress of March 3, 1871, it was provided that hereafter no recognition by
treaty or otherwise should be made by the United States of the claim of any Indian
tribe as being an independent nation, tribe, or power. They hold a relation of ward-
ship to the General Government and are subject to its control. A State legislature
has no jurisdiction over the Indian territory contained within the territorial limits of
the State; but in the case of New York v. Dibble (21 Howard, 366), it was decided
that the State holds the sovereign police authority over the persons and property of
the Indians, so far as necessary to preserve the peace and protect them from imposi-
tion and intrusion. -
In regard to right of soil it was settled in the case of the United States v. Rogers (4
Howard, 567), that the Indian tribes are not the owners of the territories occupied by
them. These are vacant or unoccupied public lands belonging to the United States
240. -
INDIAN RESERVATIONS. 241
In the case of Johnson v. McIntosh (8 Wheaton, 543), it was held that the Indian
tribes were incompetent to transfer any rights to the soil, and that any such convey-
ances were void ab initio, the right of property not subsisting in the grantors. The
right of making such grants was originally in the Crown, but by the treaty of 1783 it
was surrendered to the United States. In previous pages has been shown the pro-
cess by which several of the States originally composing the American Union divested
themselves of this right by transferring both territorial jurisdiction and title to the
soil by cession to the General Government. In the case last mentioned Chief Justice
Marshall, in delivering the opinion of the court, thus grounded the right of the Gov-
ernment upon prior discovery :
The United States, then, have unequivocally acceded to that great and broad rule
by which its civilized inhabitants now hold this country. They hold and assert in
themselves the title by which it was acquired. They may ntain, as all others have
maintained, that discovery gave an exclusive right to extinguish the Indian title of
occupancy, either by purchase or by conquest, and gave also a right to such a degree
of sovereignty as the circumstances of the people would allow them to exercise.
The power now possessed by the Government of the United States to grant lands,
resided, while we were colonies, in the Crown or its grantees. The validity of the titles
given by either has never been questioned in our courts. It has been exercised uni-
ormly over territory in possession of the Indians. The existence of this power must
hº the existence of any right which may conflict with or control it. An absolute
title to lands cannot exist at the same time in different persons, or in different govern-
ments. An absolute must be an exclusive title, or at least a title which excludes all
others not compatible with it. All our institutions recognize the absolute title of the
Crown, subject only to the Indian right of occupancy, and recognize the absolute title
of the Crown to extinguish that right. This is incompatible with an absolute and
complete title in the Indians.
We will not enter into the controversy whether agriculturists, merchants, and man-
ufacturers have a right, on abstract principles, to expel hunters from the territory they
possess, or to contract their limits. Conquest gives a title which the courts of the
conqueror cannot deny, whatever the private and speculative opinions of individuals
may be respecting the original justice of the claim which has been successfully as-
serted. The British Government, which was then our government, and whose rights
have passed to the United States, asserted a title to all the lands occupied by In-
dians within the chartered limits of the British colonies. It asserted also a limited
sovereignty over them, and the exclusive right of extinguishing the title which occu-
pancy gave to them. These claims have been maintained and established as far west
as the Mississippi River by the sword. The title to a vast portion of the lands we now
hold originates in them. It is not for the courts of this country to question the validity
of this title or to sustain one which is incompatible with it. -
Although we do not mean to engage in the defense of those principles which Euro-
peans have applied to Indian title, they may, we think, find some excuse if not justi-
ºn, in the character and habits of the people whose rights have been wrested from
€Iſle
The title by conquest is acquired and maintained by force. The conqueror prescribes
its limits. Humanity, however, acting on public opinion, has established, as a general
rule, that the conquered shall not be wantonly oppressed, and that their condition
shall remain as eligible as is compatible with the objects of the conquest. Most usually
they are incorporated with the victorious nation, and become subjects or citizens of
the government with which they are connected. The new and old members of society
mingle with each other; the distinction between them is gradually lost, and they make
One people. Where this incorporation is practicable, humanity demands, and a wise
policy requires, that the right of the conquered to property should remain unimpaired;
that the new subjects should be governed as equitably as the old, and that confidence
in their security should gradually banish the painful sense of being separated from
their ancient connections and united by force to strangers.
When the conquest is complete, and the conquered inhabitants can be blended with
the conquerors, or safely governed as a distinct people, public opinion, which not
even the conqueror can disregard, imposes these restraints upon him; and he cannot
neglect them without injury to his fame and hazard to his power.
But the tribes of Indians inhabiting this country were fierce savages, whose occu-
pation was war, and whose subsistence was drawn chiefly from the forest. To leave
them in possession of their country, was to leave the country a wilderness; to govern
them as a distinct people was impossible, because they were as brave and high-spir-
ited as they were fierce, and were ready to repel by arms every attempt on their in-
dependence. What was the inevitable consequence of this state of things? The
Europeans were under the necessity either of abandoning the country and relinquish-
16 L O—VOL III
dº
242 INDIAN RESERVATIONS.
ing their pompous claims to it, or of enforcing those claims by the sword, and by the
adoption of principles adapted to the condition of a people with whom it was impos-
sible to mix, and who could not be governed as a distinct society, or of .# in
their neighborhood, and exposing themselves and their families to the perpetual haz-
ard of being massacred.
Frequent and bloody wars, in which the whites were not always the aggressors, un-
avoidably ensued. European policy, numbers, and skill prevailed. the white
population advanced, that of the Indians necessarily receded. The country in the
immediate neighborhood of agriculturists became unfit for them. The game fled into
thicker and more unbroken forests, and the Indians followed. . The soil, to which the
Crown originally claimed title, being, no longer occupied by its ancient inhabitants,
was parceled out according to the will of the sovereign power, and taken possession
of by persons who claimed immediately from the Crown, or mediately through its
grantees or deputies.
That law which regulates and ought to regulate in general, the relations between the
conqueror and conquered, was incapable of application to a people under such circum-
stances. The resort to some new and different rule, better adapted to the actual
state of things, was unavoidable. Every rule which can be suggested will be found
to be attended with great difficulty.
However extravagant the pretension of converting the discovery of an inhabited
country into conquest may appear, if the principle has been asserted in the first in-
stance and afterward sustained; if a country has been acquired and held under it; if
property of the great mass of the community originates in it, it becomes the law of
the land, and cannot be questioned. So, too, with respect to the concomitant princi-
ple that the Indian inhabitants are to be considered merely as occupants, to be pro-
tected, indeed, while in peace, in the possession of their lands, but to be deemed in-
capable of transferring the absolute title to others. However this restriction may be
opposed to natural right and to the usages of civilized nations, yet, if it be indispen-
Sable to that system under which the country has been settled, and be adapted to the
actual condition of the two people, it may, perhaps, be supported by reason, and cer-
tainly cannot be rejected by courts of justice.
(See also Fletcher v. Peck, 6 Cranch, 87; Mitchell v. U. S., 9 Peters, 711; Clark v.
Smith, 13 Peters, 195; Latimer v. Poteet, 14 Peters, 4; Jackson v. Porter, 1 Paine, 457;
Blair v. Pathkiller, 5 Yerger, 230; Wanhorn v. Dorrance, 2 Dallas, 304; Choteau v.
Molony, 16 Howard, 203; Godfrey v. Beardsley, 2 McLean, 413.)
The court confined itself to the discussion of questions essential to a statement of
the actual law governing the relations of the Indian tribes. It assumes the concrete
fact that the General Government holds the right of eminent domain as well as the
title to the soil in the public lands, subject, however, to the right of occupancy by the
Indians, and that “the Indian inhabitants are considered merely as occupants, to be
protected while in peace in the possession of their lands, but incapable of transferring
an absolute title to others.” The Constitution of the United States gives to Congress
the “power to dispose of and to make all needful rules and regulations respecting the
territory, or other property, belonging to the United States.” The “territory” or
Soil, here classed with other property, may be disposed of under rules and regulations
prescribed by the legislative authority. The question now arises whether Indian
occupancy is an indefeasible right, or whether it is merely a privilege which the Gov-
ernment may withdraw when the interests of civilization or the pressure of immigra-
tion may demand it.
According to the above rulings in the case of Johnson v. McIntosh, the General Gov-
ernment has the right to terminate the occupancy of the Indians by “conquest or
purchase.” Does this involve the right of forcibly dispossessing them of that occu-
pancy 3
Very large portions of the public domain have been acquired by peaceable purchase;
other portions have been acquired by conquest, various tribes having been succes-
sively subjugated, and, as the price of peace, they were compelled to part with a
portion of their hunting-grounds and move upon reservations.
INDIAN HOMESTEADS.
The fifteenth and sixteenth sections of the act of March 3, 1875, extend the benefits
of the homestead act of May 20, 1862, and the acts amendatory thereof (now embodied
INDIAN RESERVATIONS. 243
in sections 2290, 2291, 2292, and 2295 to 2302, inclusive, of the Revised Statutes) to
any Indian born in the United States, who is the head of a family, or who has arrived
at the age of twenty-one years, and who has abandoned or may hereafter abandon his
tribal relations, with the exception that the provisions of the eighth section of said
act of 1862 (section 2301 of the Revised Statutes) shall not be held to apply to entries
made thereunder, and with the proviso that the title to lands acquired by any Indian
by virtue thereof shall not be subject to alienation or incumbrance, either by volun-
tary conveyance, or the judgment, decree, or order of any court, and shall be and re-
main inalienable for a period of five years from the date of the patent issued therefor.
An Indian desiring to enter public land under this act must make application to the '
register and receiver of the proper district land office; also, an affidavit setting forth
the fact of his Indian character; that he was born in the United States; that he is
the head of a family or has arrived at the age of twenty-one years; that he has aban-
doned his tribal relations and adopted the habits and pursuits of civilized life; and
this must be corroborated by the affidavits of two or more disinterested witnesses.
If no objection appears, the register and receiver will then permit him to enter the
tract desired according to existing regulations, so far as applicable, under the home-
stead law, the register writing across the face of the application the words “Indian
homestead—act of March 3, 1875.”; they will note the entry on their records and
make returns thereof to the General Land Office, with which they will send the affida-
vits submitted. It will be observed that the provisions of the eighth section of the act
of May 20, 1862 (section 2301 of the Revised Statutes), which admits of the commuting
of homestead to cash entries, do not apply to this class of homesteads.
All lands obtained under the above act are exempt from liability for debts contracted
prior to the issuing of patent therefor.
When Indians become citizens of the United States they are entitled to the benefits
of all the settlement and other land laws, as are other citizens. *
Homesteads of all classes are returned upon monthly abstracts by registers and re-
ceivers, and the class or kind noted in “Remarks.” No list or statement of the num-
ber of entries made under the above act can be (at this time) obtained, but the total
number of entries made under it in all States and Territories will not exceed 100 to
June 30, 1880.
There have been several acts passed relating to settlements by Indians upon the pub-
lic lands, such as the acts of June 10, 1872, and May 23, 1876, which were for the Indians
of the tribes known as Ottowas and Chippewas of Michigan. These were allowed to
make entries of lands of former Indian reservations of Michigan. Probably some 500
or more of such entries have been made and perfected. (See Statutes at Large and
Revised Statutes.)
PROCEDURE IN MAKING AN INDIAN RESERVATION.
The method of making an Indian reservation is by an Executive order withdraw-
ing certain lands from sale or entry and setting them apart for the use and occupancy
of the Indians, such reservation previously having been selected by officers acting
under the direction of the Commissioner of Indian Affairs or that of the Secretary of
the Interior, and recommended by the Secretary of the Interior to the President.
The Executive order is sent to the Office of Indian Affairs, and copy thereof is fur-
inished by that office to the General Land Office, upon receipt of which the reservation is
noted upon the land office records and local land officers are furnished with copy of
the order and are directed to protect the reservation from interference; after this the
Indians are gathered up and placed upon the reservation.
PROCEDURE IN ABOLISHING AN INDIAN RESERVATION.
When such reservation is no longer required, and the President is so informed by the
Secretary of the Interior, an Executive order is issued restoring the lands to the
public domain, and the order being received by the Commissioner of Indian Affairs,
244 INDIAN RESERVATIONS.
copy thereof is furnished to the General Land Office, where it is noted and information
is communicated to the United States land officers, after which the lands are disposed
of as other public lands. - •
Indian reservations existing by virtue of treaty stipulations are usually abolished in
the manner following: An agreement is entered into between the chiefs and headmen
of the Indians, and agents or commissioners appointed by the Secretary of the Inte-
rior, with or without authority of Congress, for that purpose; such agreement is submit-
ted to Congress for acceptance and ratification, and provides for the relinquishment,
for valuable considerations, of a part or the whole of the lands claimed by the
Indians either under treaty stipulations or otherwise.
By a clause in the Indian appropriation act approved March 3, 1871 (16 Stat.,
p. 566), it is declared that no Indian nation or tribe within the territory of the United
States shall thereafter be acknowledgedorrecognized as an independent nation, tribe, or
power with whom the United States may contract by treaty, hence, since that time mere
agreements have been entered into, subject to ratification by Congress and the Presi-
dent, such agreements being sometimes entered into under authority of a prior act of
Congress, and sometimes, as in the case of the last Ute agreement, agreed upon and
then submitted to Congress. In a case like the last mentioned, the agreement, as
ratified by Congress, still remains to be ratified by a certain proportion of the Indians
affected by such agreement, before it becomes valid.
• NUMBER AND LOCATION OF RESERVATIONS.
The total number of Indian reservations in the United States, June 30, 1880, was
147, two-thirds of the area of which will eventually be restored to.the public domain
for sale and disposition, after purchase of occupancy title from the Indians, and set-
ting aside portions of the same to be held by the Indians in severalty or otherwise,
as may be ordered by Congress. i
These reservations contain 154,436,362 acres, with an estimated population of 255,938,
or about 603.41 acres to each Indian, and are situated in the following States and Ter-
ritories: -
Location and names of reservations, together with area and population, to June 30, 1880.

Indian popu.
States and Territories. Areas in acres. | lation of
reservations.
ARIZONA TERRITORY.
Colorado River-------------------------------------------------------- 300, 800 1, 038.
Gila River ------------------------------------------------------------ 155,440 *5,000
Moqui Pueblo---------------------------------------------------------|------------------ 1,790
º a sm sº sº tº º ºs º g is º ºs º e ſº* * * & sº tº sº sº tº gº & ſº e º ſº wº tº as tº gº tº $ tº • * * * * * * * * * * * * * * * * * * * * as e º º ºs 70,080 *6,000.
White Mountain-----------------------------------------------------. 2,528,000 4, 878.
Suppai---------------------------------------------------------------- 38,400 *75
Not on reservation---------------------------------- • • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - *2, 580.
Total in Arizona-------------------------------------------- 3,092, 720 21,361
. CALIFORNLA, - g
Hoopa Valley--------------------------------------------------------. 89, 572 414
Mission --------------------------------------------------------------. 130,000 3,000.
Round Valley--------------------------------------------------------. 207, 360 534
Tule River-----------------------------------------------------------. 48,551 160
th River-------------------------------------------------------- 25,600 1, 125
Not on reservation----------------------------------------------------|------------------ *5,436
Total in California -----------------------------------------. 501,083 10, 669
COLORADO. -
Ute------------------------------------------------------------------. 12,467,200 1,200
To ----------------------------------------------------------------|------------------ 1,330
Total in Colorado ------------------------------------------- 12,467,200 2,530
INDIAN RESERVATIONS.
245
Ilocation and names of reservations, together with area and population, &c.-Continued.
Indian popu,
States and Territories. Areas in acres. lation of
reservations
DALCOTA TERRITORY.
Crow Creek. --------------- • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 205, 415 969
#: Lake ----- tº ºn tº gº ºs º ºs e º 'º e º ºs e º e º ºs e º tº e º ºs º ºs e s tº s sº e º e º me tº gº tº e tº º ºs º ºs º º ºs e º º e is 230, 400 h;
ndreau ----- tº ºs ºs º ºs e ºs e º e º ſº tº gº º ºs ºs º ºs º sº, º is ſº tº º sº tº Q & tº e º tº gº tº • * * * * * * * * * * * * * * * * * * s = e º as º ºs ºn as sº º is sº º sº * * *
Fort Berthold. ---...------- tº e º º ºs e s tº dº º ºs º ºs ºs º º is sº dº sº º sº tº s tº s tº sº dº º sº tº gº tº e º me as ºs s m = ± e 2,912,000 1,402
Take Traverse------------------------- • * = • * * * * * * * * = • * * * * * * * * = • tº $ tº gº º ºs º 918,780 1,500
Old Winnebago ----------------------------------- # sº dº º ſº tº º gº ſº tº ſº º º ºs º e s gº tº ſº 416,905 None.
Ponca-------------- tº tº gº tº gº tº tº e º º ºs e º 'º º ºs º º sº s ºn tº s ºr tº s º ºs º º sº as tº tº gº e º ºs e º 'º gº gº tº º ºs º ºs º º º 96,000 None.
soº tº ſº me tº & sº as tº º is a sº gº º ºs º ºs ºs ºn tº gº tº ſº tº º & ſº º sº º is sº * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * # ;
O - - - - - tº sº tº sº tº E tº dº º ºs ºs tº ſº tº ſº tº gº tº tº ºs is tº e s = * * * * * * * * * * * * * * * * * * * * s m ms º us is as e s is sº e º e y
Do ------------ tº ſº tº ºn tº tº tº tº as sº sº e º s = s. m. º ºs º sº tº s as sº dº e s = e º ºs e º ºs e e s m sº is tº º is º º e º sº e º tº 31,408, 551 7, 200
#: gº º º tº ºs e º ſº º tº º ºs º ºs º º & tº ſº tº E tº º sº tº tº º sº tº gº tº ºn tº tº sº tº ſº tº º ºs e º s sº s tº sº sº tº e º se is is gº ºn º ºs º º tº tº º §§
O - - - - - - - - - & sº dº º ºs º ºs º ºs e º ºt tº as tº e ºs e º ºs º ºs sº e º gº tº us tº is tº dº gº ºn tº sº tº dº º sº gº tº tº gº º ºs e e º se e e º 'º we , 611
Yankton -------- • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - tº º gº tº e 430,405 2,019
Total in Dakota Territory....-- {..} tº º ſº tº Lº Gº tº tº de E. E. ----------------- 36,618,456 27,472
IDAHO TERRITORY. - -
Coeur D'Alène -------------------- e e s m e s sº e s sº e º as sº e as a e s tº e º e s e º e º ºs º ºs ºs as ºn tº e 736,000 450
Fort Hall --------------------------------------------- gº º ºs º gº º tº º º ſº ſº ſº tº e º 'º 1,202,330 1,500
#º * * * * * * * * * * * * * * * * * * * * * * * * * * g e º º ºs e º º ºs e º gº tº º ºs e º º ºs e º 'º me dº is sº ºn tº º is sº gº sº gº º ºs e ; ; 1, #:
6mill - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - tº tº tº º sº tº tº gº tº e º ſº tº
Not on reservation......... * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * = as we us ºn is sº * * * ... *600
Total in Idaho Territory.......---- tº sº º is tº gº tº º ºs º ºs e º ſº tº dº ſº dº º ºs e º º me as 2,748,981 4,470
INDIAN TERRITORY.
Arapahoe and Cheyenne ---------------------------------------------. 4,297,771 5, 899
Cherokee ------------------------------------------------------------- 5,031,351 19,720
Chickasaw -------------- tº * * * * * * * * * * * * * * * * * * * * * * *s e º is tº e º ºs e º ºs º e º ºs º gº ºn tº e º º ºs 4,650, 935 6,000
Choctaw -------------------------------------------------------------- 6,688,000 15,800
*:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: *###| 1%;
#ºmmºn...::::::::::::::::::::::::::: 2.5: 3,945
0010C - - - - - tº s is ºs e º 'º º gº º ſº tº gº e º 'º º ºs º ºs e ∈ tº gº tº its tº e º º ſº tº tº me tº as tº gº tº as sº º ºs º º ºs e e º sº e s = º ºs e ºs e gº y 99
3. * = * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * g e s = e g º se e º ºs º gº º ºs e º is as tº gº º sº gº gº as 1, * 059 2, º:
tº Wa---------------------------------------------------------------- 14,
Pawnee --------------------------------------------------------------- 283,026 1, 306
Peoria and Miami------------------ * * * * * * * * * * * * * * * * ~ * sº e º ºn tº gº ºn as º ºs º sº e º ºs º gº 50, 301 210
Pottawatomie. -------- tº ſº tº º sº tº º ºs º ºs e º tº º is º ºs e º ºs ºs ºs e º sº e º 'º e º gº gº º ºs e º a º • * * * * * * * * * 575,877 300
Quapaw-------------------------- * * * * * * * * * * * * * * * * * * * * * * * * * * * * me as º ºs º º tº gº ºn 56,685 35
Sao and Fox----------------------------------------------------------- 479, 667 1, 461
§eminole dº me tº tº º ºs ºs & tº gº tº tº gº tº tº gº tº ºn tº E tº ſº tº sº tº g tº gº º ºs º ºs 㺠º º gº tº us tº tº º ºs * * * * = º ºs ºs º gº tº dº ſº e º 'º - gº tº tº 200, § 2, ;
S6116C3 - - - - - tº sº sº tº ſº tº º is is sº º ºs º º sº tº tº º º ºs º gº tº s m as ºn is sº e s m = e º sº me s = º tº tº tº E tº º º is sº º dº º ſº ſº tº e º º º 51,
hawnee----------------------------- * * * * * * * * * * * * * * * * * * * * * s = e º ºs e s = e º e ºs 13,048 77
Wichita -------------------------------------------------------------- 743, 610 198
Wyandot ----------------------------- * * * * * tº gº e º 'º is me as ºs º ºs º ºs e º ºs e s is sº ºn a º ºs e se 21,406 251
*onea ---------------------------------------------------------------- 101,894 530
We” Percés.----------------------------------------------------------- 90, 735 344
Unoccupied land.----------------------------------------------------- 9,991, 167 |...... -------.
Total in Indian Territory ------------------...----------… 41, 100, 915 76,585
IOWA, -
Sao and Fox.------------------- $º gº º tº dº sº º ºs e º m tº dº º sº tº º ºs º is tº me as ºs º e º 'º ºn tº e º sº e º s ºs s = 692 355
Total in Iowa ----------- sº tº gº º ºs º ºs º ºs e º is as & tº tº º tº gº tº e s tº s º is sº tº sº e º gº is tº ſº is 692 355
s KAN8A8.
Black Bob (not on reservation; roving).------......................... 33,393 75
9hippewa and Munsee-----------------------------------------------. 4, 395 60
; *P00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - gº tº as & gº tº gº tº g º ºs º ºs º º gº º ſº us tº tº gº tº tº *} § N 234
* ---------------------------------------------------------------- , 32 OIl€.
Pottawatomie--------------------------------------------------------- 77, 358 450
*ot on reservation----------------------------------------------------|-----------------. *150
Total in Kansas.------------------------------ tº ſº tº gº tº º gº tº º 'º - E tº º 137,747 969
MICHIGAN.
łº, * * * * g g g º me tº ſº tº dº gº º ſº gº º ºs º gº tº e º 'º º * * * * * * * * * * * * is e e s is e e s = e g º ºs º is e e º sº e º e e º e 11,097 848
*S6 ---------------------- gº tº º ºs e º ºs º * * * * * * * * * * * * * * * * * * * * * e is a s as as e s a m = * 52, 684 540
9ntonagon ---------- 4. tº g º º q_ gº tº º gº tº ºn * * * * * * * * * * * * * * * * * * e º ºs e º sº e s s a s is as ºs e º a ºn sº as 2, 55.1° 660
Not on reservation............... & sº º gº tº gº ºs e º ſº º ſº tº º ſº tº gº sº ºn tº e º sº º ºs e s m s m = ± = e º º sº e º sº º ºs º ºs ºs º ºs º ºs s m ºn tº s = *8,093
Total in Michigan. ----------------- tº º ºs º gº tº ſº e º 'º g º 'º gº e º ºs & e º is e s tº sº 66,332 10, 141
246 INDIAN RESERVATIONS.
Location and names of reservations, together with area and population, &c.—Continued.
tº Indian popu-
States and Territories. Areas in acres. lation of
reservations.
MINNESOTA,
Bois Forte ------------------------------------------------------------ 107, 509 797
Fond du Lao ---------------------------------------------------------- 100, 121 404
Grand Portage (Pigeon River) ---------------------------------------- 51,840 27]
Leech Lake ----------------------------------------------------------- 94,440 ||
Mille Lac ------------------------------------------------------------- 61,014 ||
Red Lake ------------------------------------------------------------- 3, 200,000 6, 198
White Earth---------------------------------------------------------- 1,091, 523
Winnebagoshish (White Oak Point) ---------------------------------. 320,000
Total in Minnesota.------------------------------------------ 5,026,447 7,680
MONTANA TERRITORY.
Blackfeet ------------------------------------------------------------- 7, 500
Do---------------------------------------------------------------- 21,651, 200 } 7,259
Do ---------------------------------------------------------------- 2,083
Crow ----------------------------------------------------------------- 6, 272, 000 3, 470
Jocko----------------------------------------------------------------- 1,433, 600 1,338
Total in Montana Territory.--------------- * * * * * * * * * * * * * * * * * 29, 356, 800 21, 650
NEBBASKA.
Iowa------------------------------------------------------------------ 16,000 176
Niobrara.----- # º ºs º ºs ºn tº sº º ºs ºn s is tº sº º me tº º is ſº ºn tº E as º ºs tº E tº gº º ºs º ºs º us tº gº tº º ºs s tº sº tº sº tº * * * * * * * * 115,076 764
Omaha---------------------------------------------------------------- 143,225 1, 120
Otoe ------------------------------------------------------------------ 44, 093 438
Sao and Fox----------------------------------------------------------- 8,014 75.
Winnebago ----------------------------------------------------------- 109,844 1,429
Total in Nebraska ------------------------------------------ 436,252 4,002
NEWADA.
Duck Valley---------------------------------------------------------- 243, 200 3,800
Moapa River.--------------------------------------------------------- 1,000 100
Pyramid Lake -------------------------------------------------------- 322,000 500
Walker River.-------------------------------------------------------. 318, 815 500
Not on reservation----------------------------------------------------|------------------ *1,900
Total in Nevada -------------------------------------...---- 885,015 6,800
NEW MEXICO TERRITORY.
Mescalero Apache (Fort Stanton).-----------------------------------. 570,240 1,200
Mavaio---------------------------------------------------------------- 5,468, 160 12,000
Pueblos:
Jemez ------------------------------------------------------------ 17, 510
Acoma ------------------------------------------------------------ 95,792
San Juan---------------------------------------------------------- 17, 545
Picuris------------------------------------------------------------ 17, 461
San Felipe -------------------------------------------------------- 34,767
©COS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 18, 763
Cochiti------------------------------------------------------------ 24, 256
Santo Domingo---------------------------------------------------- 74,743
S 3.08 "Ciaras = * * * * * * * * * * * * * * * ºr sm is sº gº ºn tº ºn tº as º ºs º e º se tº º is sº tº ſº tº tº E tº º tº tº s tº º is sº sº me sº tº sº # #
anta Clara -------------------------------------------------------| 17,
Tesuque ---------------------------------------------------------- 17, 471 > 0,500
San Ildefonso. ---------------------------------------------------- 17,293
Pojoaque --------------------------------------------------------. 13, 520
ia --------------------------------------------------------------- 17, 515
Sandia ------------------------------------------------------------ 24, 187
Isleta ----------------------------------- * * * * * * * * * * * * * * * * * * * * * * * * * * 110,080
Nambe------------------------------------------------------------ 13, 586
Laguna ----------------------------------------------------------- 101, 511
Santa Ana -------------------------------------------------------- 17,361
uni-------------------------------------------------------------- 215,040 ||
Jicarilla Apache --------------------------------------------------|------------------ 752
Total in New Mexico ...----------. tº ſº tº º º ºsº sº tº º ſº tº ſº tº se tº a sº gº ºs º ºs ºs se 6,921,531 23,452
NEW YORK, -
Allegany-------------------------------------------------------------- 30, 469 925
Cattaratigus ---------------------------------------------------------- 21, 680 1,664
Oil Spring------------------------------------------------------------- 640 93
Oneida----------------------------------- tº tº E tº º ſº º is as tº gº as tº dº sº tº sº e º ºs º ºs e º ºs e º sº, s 288 186
Onondaga------------------------------------------------------------- 6, 100 408
Saint Regis ----------------------------------------------------------- 14,640 787
Tonawanda ---------------------------------------- tº ºs º º ºs ºs º ºs tº e º gº ſº as ºn tº tº gº ºs 7, 549 607
Tuscarora ------------------------------------------------------------ 5,000 471
Total in New York.......... * * * * * * * tº gº tº ſº gº tº gº ſº jº º º dº º ºs º se me tº as ºr ºn gº tº gº * 86, 366 5, 139

INDIAN RESERVATIONS.
247
Location and names of reservations, together with area and population, &c.—Continund.
Indian popu-
States and Territories. Areas in acres. lation of
reservations.
NORTH CAROLINA,
Cheoah Boundary----------------------------------------------------- 15, 211 } 2, 200
Qualla Boundary------------------------------------------------------ 50,000 y
Total in North Carolina------------------------------------. 65,211 2, 200
OREGON
Grand Ronde -------------------------------------------------------- 61,440 869
Klamath -------------------------------------------------------------- 1,056,000 1,023
Malheur ------------------------------------------------------- tº e º 'º gº tº tº 1,778, 560 None.
Silet? --------------------------------------------------------------- *... tº 225,000 1, 109
Umatilla -------------------------------------------------------------- 268,800 1,000
Warm Springs -------------------------------------------------------. 464,000 554
Not on reservation----------------------------------------------------|------------------ *800
Total in Oregon.-------------------------------------------- 3,853, 800 5,355
UTAH TERRITORY.
Uinta Valley---------------------------------------------------------- 2,039,040 450
Not on reservation.---------------------------------------------------|------------------ *390
Total in Utah.---------------------------------------------- 2,039,040 840
WASHINGTON TERRITORY.
Chehalis -------------------------------------------------------------. 4, 225 205
Colville --------------------------------------------------------------- 2,800,000 3,053
Makah ---------------------------------------------------------------- 3,040 728
†† * * * * * * * * * * * * * * * * * * tº se s = º ºs º ºs s tº gº sº gº º ºs º ºs e º gº tº gº tº g º ſº tº gº tº ſº gº gº º sº e g º ºs e g º gº tº 4,717
UWallup-------------------------------------------------------------- 18,062
Shoalwater------------------------------------------------------------ 335 } 1,305
Squaxin Island (Klah-che-min).--------------------------------------. 1,494
Lummi (Chah-choo-sen).---------------------------------------------- 12, 312
Muckleshoot --------------------------------------------------------- 3,367
Port Madison --------------------------------------------------------. 7,284 2,898
Snohomish or º * * * * * * * * * g º e is ºp tº gº sº e º ºs º gº gº º ºs tº gº tº gº tº º e º 'º gº º ºs º gº º ºs tº gº tº gº º sº º 22,490
Swinomish (Perry's Island) ------------------------------------------- 7, 195
Quinaielt-------------------------------------------------------------- 224,000 486
Skokomish------------------------------------------------------------ 4,987 775
Yakama -------------------------------------------------------------- 800,000 3,930
Columbia (Chief Moses).---------------------------------------------- 2,992, 240 150
Not on reservation.---------------------------------------------------|------------------ *310
Total in Washington Territory. ---------------------------. 6,925,748 13,900
WISCONSIN. .
Lao Court Oreilles.---------------------------------------------------- 69, 136 1,093
Lao de Flambeau------------------------------------------------------ 69, 824 542
La Pointe (Bad River) ------------------------------------------------ 124, 333 736
Cliff-------------------------------------------------------------- 13,993 726
Menomoneo----------------------------------------------------------- 231, 680 1,450
Oneida ---------------------------------------------------------------- 65, 540 1,492
Stockbridge----------------------------------------------------------- 11, 520 126
Not on reservation.---------------------------------------------------|------------------ 1,210
Total in Wisconsin.----------------------------------------- 586,026 7,375
wyoMING TERRITORY.
Wind River.---------------------------------------------------------- 1, 520,000 2,063
Total in Wyoming ------------------------------------------ 1, 520,000 2,063
Indiana---------------------------------------------------------------|------------------
florida ---------------------------------------------------------------|------------------ ; 1,000
Texas-----------------------------------------------------------------------------------
Grand total ------------------------------------------------- 154,436,362 255,938
* Estimated.
Total number of reservations, 147; total acreage, 154,436,362 acres. .
The total number of Indians is 255,938, which gives about 603.41 acresto each Indian.
The total number of reservations includes the twenty Indian pueblos in New Mex-
ico, sixteen of which have been patented to the Indians; also the Moqui pueblos in
Arizona.
248 INDIAN RESERVATIONS.
The following note was received through the General Land Office in relation to the
two items mentioned: -
The Indian Office has no publication giving the original method of dealing with the
Indians as to titles and changes in methods, neither has the office anything showing
how much it has cost the Government to extinguish Indian titles to public domain,
and the preparation of such information would be so extensive a work as to preclude
the possibility of its being furnished at present.
REFERENCES HEREUNDER.
See Report of Public Land Commission, 1880; Laws and Decisions; Revised Stat-
utes of the United States, secs. 2039 to 2178; same, on performance of engagements
between the United States and Indians, secs. 2079 to 2110; same, on government and
protection of Indians, secs. 2111 to 2116; same, on government of the Indian country,
secs. 2127 to 2156; 6 Cranch, 646; 8 Wheaton, 543; 7 Johnston, 246; Indian treaties,
U. S. Stats. at Large; act of Congress March 26, 1804, sec. 15, dividing Louisiana into
two Territories; Bump's Notes of Constitutional Decisions, titles “Indians” and
**Territories.”
C H A PTE R XVII.
To JUNE 30, 1882.
[See pages 748–752.]
To JUNE 30, 1883.
[See pages 1258–1260.]
MILITARY RESERVATIONS UPON THE PUBLIC DOMAIN.
To JUNE 30, 1880.
HOW RESERVATIONS ARE MADE.
The present method of creating a military reservation from the lands of the public
domain is as follows:
The commanding officer of a military department recommends the establishment of
a reservation with certain boundaries; the Secretary of War refers the papers to the
Interior Department to know whether any objection exists to the declaration of the
reserve by the President. If no objection is known to the General Land Office and it
is so reported, the reservation is declared by the President upon application of the
Secretary of War for that purpose, and the papers are sent to the General Land Office,
through the Secretary of the Interior, for annotation upon the proper records. If
upon surveyed land the United States land officers are at once instructed to withhold
the same from disposal and respect the reservation. If upon unsurveyed land the
United States surveyor-general is furnished with a full description of the tract and
is instructed to close the lines of public surveys upon the outboundaries of the reserve :
the United States land officers are also instructed not to receive any filing, of any kind
for the reserved lands.
HOW RESTORED TO PUBLIC DOMAIN.
There is at present no authority for restoring military reservations to the public do-
main, in view of the act of Congress approved June 12, 1858 (11 Stats., p. 336), which
interdicts the sale of any lands in a reservation without a special act of Congress, and
provides that such lands shall not be subject to the pre-emption or homestead laws,
except in Florida, where under the act of Congress approved August 18, 1856 (11
Stat., p. 87), the Secretary of War may relinquish, in writing, to the Secretary of the
Interior any reservation not needed, and it may be disposed of as are other public
lands. The act of July 2, 1864, provides for the sale by the Commissioner of the Gen-
eral Land Office of reservations of public lands, which shall be brought into market
under existing laws. The minimum price fixed is $1.25 per acre. Such lands cannot
be sold for less than this sum.
The act of March 3, 1819, made it the duty of the War Department to sell abandoned
military sites and bodies of land once reserved for military purposes. The present
method of unmaking a military reservation, or throwing the lands therein into the
market for sale, is usually through and by an act of Congress specially for each reser-
Vation, or an act providing for the sale of one or more of them. Congress acts upon
information received from the War Department as to reservations being no longer
necessary for military purposes. These acts of Congress usually contain (see act of
February 24, 1871, for illustration) a provision for appointment of appraisers to value
the land, and advertising and selling at not less than the appraised value nor at less
than $1.25 per acre. The Secretary of War after the act is passed transfers the con-
trol of the lands to the Secretary of the Interior, who proceeds as the law directs. The
- - 249
250 MILITARY RESERVATIONS.
theory of the appraisal before sale of these lands is that time enhances their value by
increase of population surrounding them, as the fort or post on the frontier or in the
west is usually the nucleus of a settlement, which grows into a town or city.
The following list shows that the total number of military reservations in land
States and Territories is 179, containing 2,920,580.68 acres of land, as follows:
Military reservations in public-land States and Territories, July 1, 1880.
Alabama (1 reservation):
A small reserve at Mobile Bay, area not known.
Alabama and Mississippi:
. s Acres.
Islands in Gulf of Mexico ------------------------------------------ 6,061.64
Arizona (13 reservations): -
Camp Apache ----------------------------------------------------- 7,421. 14
Camp Crittenden-------------------------------------------------- 3,278.08
Camp Bowie ------------------------------------------------------ 23,040.00
Camp Grant § tº ºn tº dº ſº tº º º ºs º ºs tº tº dº ſº ſº º sº º ſº e º 'º tº E tº º sº dº ſº Q = = * * * * * * * * * * * * * * * * 2,031.70
Camp Grant (new) ---------------------------- * * * * * * * * * * * * = & E; E E gº ſº º ºs 42,341.00
Camp Goodwin-----------. tº e º ºs e º ºs e º sm e º ºs dº sº as • - - - - - - - - - - - - - - - - - - - - - - - 23,040.00.
Camp Mojave------------------------------------------------------ 6,486.81
Camp McDowell---------------. tº e º ºs º ºs º me is sº tº sº º ºs as me sº as tº gº º tº gº tº * * * * * * tº º ºs º ºs 24,750.15
Camp Lowell------------------------------------------------------ 49,920.00
Camp Thomas.--------------------------------------- º s º ºs º ºs e º ºs e º is nº 10,487.00
Camp Verde------------------------------- ... as as º ºs e º ºs s e º ºs º ºs º ºs tº me tº gº as ºn e ºn 12,293.79
Fort Whipple ----------------------------------------------------- 1,730.00
Timber reserve for Fort Whipple--------------...-------------------- 720. 00
Fort Yuma, mostly in California, small part in Arizona.
Area of military reservations in Arizona, not counting Camp Thomas,
which is mostly comprised in Camp Goodwin Reservation...----... 197,052.67
Arkansas (2 reservations): *
Fort Smith Cemetery---------------------------------------------- 14.81
Quarrying reservation --------------------------------------------- 260.96
Total in Arkansas.----...----* - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 275. 77
California (19 reservations):
Angel and Alcatraz Islands, area not known.
Benicia ---------------------------- ..as e = * * * * * * * * * * * * e s m s = e s s = * * * * * * = 344. 90
Fort Bidwell ------------------------------------------------------ 3,201.45
Camp Cady -------------------------------------- a º ºs º ºs º ºs ºs ºs º ºs º ºs º ºs º º 1,562.00
Fort Crook-------------------------------------------------------- 2,560.00
Deadman's Island-------------------------------------------------- 2.00
Camp Gaston------------------------------ - ºne º ºs s ºr sº me me s as sº sº as º ºs º ºs º ºs ºs º ºs º º 451. 50
Fort Hill or Monterey, area not known.
Camp Independence --------------------------------- ... e. e. e º an is s = * * * * * 2,650.18
Molate Island or Golden Rock, area not known.
Presidio Reserve No. 1.-------------------------------------------- 1,382.22
Point San José (less the area relinquished to city and county of San
Francisco by act of Congress approved July 1, 1870).------------ tº 130.24
Peninsula Island, area not known. *
Fort Reading------------------------------------------------------ 3,962.90.
Point Loma, area not known.
San Solito, Bay Point, area not known. -
Three Brothers, Three Sisters, and Marin Islands at San Pablo Bay
entrance, area not known. -
Yerba Buena Island, area not known.
Fort Yuma -------------------------------------------------------- 5,214.30
Total in California as far as the areas are known------------------ 21,461.69
MILITARY RESERVATIONS.
25].
Colorado (5 reservations):
Acres.
Fort Garland.----. - * * * * > * > - tº ºp tº º - - - - - - sº º G & º ºs º º º tº º º ºs e º ºs e º sº e º 'º - tº º tº sº e ºs 2,560.00
Fort Lyon---------------------------------- tº e º ºs e e º ºs s e º ºs e e º ºs e º ºs e e s is 5,864.00
Pike's Peak ------------------------------------------------------- 8, 192.00
Fort Sedgewick---------------------------------------------------- 40,960.00
Fort Lewis.-------------------- e ºs º ºs º ºs e º º ºs º ºs & Cº º• - - - - - - - tº º º º ºs º º ſº º ºs ºn tº 22,400.00.
Total in Colorado------------------------------------------------ 79,976.00
Dakota (10 reservations): 4.
Fort Abraham Lincoln, area not known.
Fort Buford, partly in Montana.---- tº e º 'º e º e º º º ºs tº º ºs e º e º º ºs º ºs ºs º 'º - © º ºs º º 576,000.00.
Fort Pembina.---- * * * * * * * * ºr ºn º º ºs º ºs º ºs º ºs º º sº º ºs º ºs º º º ºg º ºs e e º e º ºs º ºs º ºs gº º tº º sº sº 1,899.08
Fort Randall, estimated at -----...----. © e º sº me tº º ºs º- tº º º sº º tº º is tº º sº º ſº tº º º 'º º sº tº 96,000.00
Fort Rice, estimated at.----- © tº e º ºs e º ºs ºs e º ºs - - - - - - - - - - - - - - - - - - - - - - - - - - - 102,400.00
Fort Stevenson, estimated at-------------------------------------- 48,000.00
Fort Sully, estimated at----------------------- tº e o ºs º º sº º ºs e s m e º dº º sº * * * * 28,800.00
IFort Totten estimated at.----. • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 46,000.00
Fort Wadsworth. - - - - - tº us as e s as as s as a sº e º ſº tº e º ºs e º ºs e º 'º e º Gº tº º ºs tº as ºn tº e s m ºr e º 'º e s as sº 78,400.00
Fort Meade------------------------------------------- © ºs º gº º ºs º ºs º nº º ºs º 7,840.00.
Total area in Dakota, not including Fort Abraham Lincoln, but in-
cluding one-half of Fort Buford in Montana --------...-----...----. 985,339.08
Florida (16 reservations):
North end of Amelia Island ---------------------------------------- 419.44
Fort McRee, area not known.
Battard Island and adjacent lands, area not known.
Fort Brooke--------------------------------------------- -e ºs º º e º gº sº ºn tº 155.50
Cedar Keys------------------------------------------------------- 211. 65.
Islands in Charlotte Harbor---------------------------------------- 2, 143.38
Dry Tortugas, area not known.
Egmont Island, area not known.
Fort Barrancas, area not known -
Neck of land at Saint Andrew's Sound, area not known.
Fort Marion and blocks in Saint Augustine and land at Matanzas
Inlet, area not known.
At Saint George's Sound, lands mostly disposed of they constituting
a part of what is known as “Forbes's Purchase.”
Saint Joseph's Bay, Point Saint Joseph ---------------------------- 3 851. 21
Saint Mark's ------------------------------------------------------ 305.75
5,958. 20.
At Santa Rosa Sound--------------------------------------- tº º sº º sº º is
Key West Shoals, area not known. -
Total area of reservations in Florida, as far as known ............
Idaho (5 reservations):
Fort Boise ------------------------------- tº º ºs º º ºs º ºs º ºs e º ºr nº e º e º ºs º º ºs º ºs º
Fort Hall • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Camp Three Forks, Owyhee ---------------------------------------
fort Cour d'Alene .......... .........I.I.I.I.I.I.I.I.I.I.I.
Total in Idahº ….….............................
Illinois:
Fort Armstrong (Rock Island), area not known.
Kansas (6 reservations):
Fort Dodge -------------------------------------------------------
Fort Hays --------------------------- • * * * * * * * * * * * * * * * * * * * * * * * * * * * gº
Fort Larned ------------------------------------------------------
Fort Leavenworth --------------------- • • - - - - - - - - - - - - - - - - - - - - - - - - -
Fort Riley --------------------------------------------------------
Fort Wallace ------------------ tº º º ºs e º e º ſº sº º tº sº - - - - e º º ºs e º º º ºs º ºs e º we e º sº º
13,045. 13
1,225.55
646. 50
1,226.00
4,800.00
1,280.00.
9, 178.05
43,461.00.
7,600.00
10,240.00
2,750.00
10,899.22
8,960.00.
92,910. 22.
252
MILITARY RESERVATIONS.
Houisiana (7 reservations):
Battery Bienvenue, area not known. -
Baton Rouge------- -----------------------------------------------
On the coast of the Gulf of Mexico quite a number of reserved tracts,
area not known. &
Fort Jackson -----------------------------------------------------
Fort Pike, area not known.
Fort Saint Phili
Tower Dupres, area not known.
Total in Louisiana, as far as known.--------------------- ſº tº e º sm e º ºs
Michigan (6 reservations):
Fort Brady, exact area not known.
Fort Gratiot, all sold.
Fort Mackinac, area not known.
Bois Blanc Island -------------------------------------------------
Fort Wilkins------------------------------------------------------
Total in Michigan, as far as known ------------------ & © e º º ſº º se e º ºs =
Minnesota (2 reservations):
Fort Snelling, area not known.
Reserve on Saint Louis River.-------------------------------- tº º ºs º º
Missouri (3 reservations):
Grand Tower Rock, area not known.
Island in Missouri River, township 50 north, range 33 west..........
Fort Leavenworth, area not known.
Montana (8 reservations):
Camp Baker------------------------------------------------------
Fort Benton, area not known.
Fort Buford (see under Dakota).
Fort Ellis---------------------------------------------------------
Fort Assiniboine, estimated.----------------------------------------
Fort Missoula-----------------------------------------------------
Acres.
44. 17
740. 97
556. 12
1,341.26
54. 70
2.400. 00
32, 160.00
32,000.00
57,619.00
704,000.00
2,777.64
Total in Montana, as far as known.------------------------------ 830,956.64
Nebraska (6 reservations):
On North Fork of Loup River------------------------------------ ge
Fort McPherson.---------------------------------------------------
Fort Niobrara.-----------------------------------------------------
Camp Sheridan ---------------------------- tº gº º º ºs º ºs º ºs º ºs º dº º ºs º ºs tº as as sº º ºs
Fort Sidney---------------------------tº º º ſº tº ſº tºº & tº dº º ºs º ºs e º 'º gº tº gº - ſº tº ſº tº ſº º tº º is
New Mexico (13 reservations):
Fort Bayard
Fort Butler (never declared)--...---- * e º gº tº gº º º sº sº. e s m = * * * * * * * * * * * * * * * *
Fort Craig--------------------- gº º ſº tº dº º ºs º ºs º ºs º ºs º ºs e º ºs e º ºs ºs e º ºs º º ºs º º ſº sº tº tº dº
Fort Cummings------------------------------- --------------------
Fort Marcy-------------------------------------------------------
Fort McRae ------------------------------------------------------
Fort Selden------------------------------------------- ---------- gº
Fort Stanton------------------------------------------------------
Fort Sumner Cemetery--------------------------------------------
Fort Thorn -------------------------------------------------------
Fort Union -------------------------------------------------------
Fort Wingate-----------------------------------------------------
Total in New Mexico, not including Fort Butler, never declared.
66,366.60
24
3,251.41
19,500.00
6, 194.84
15,360.00
18,225.00
3,835.35
8,840.00
76,800.00
4,895.00
2,560.00
17.77
2,560.00
5, 120.00
9,613.74
10,240.00
320, 00
23,040.00
66,880.00
64,000.00
218,086.51
cºsmºs
&===
MILITARY RESERVATIONS,
253,
, Nevada (3 reservations):
Carlin ---------- • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * -------
Camp Halleck --------------------------- g is e = * * * * * * * * * * * * * * * * * * * * *
Camp McDermitt
Total in Nevada.-------------------------------------------------
Oregon (4 reservations):
Fort Klamath
Sand Island-------------------------------------------------------
Point Adams--------------------------- tº gº - º ºs e º e º º Gº tº e º ºs º e º 'º - - º dº tº º º ſº
Fort Orford, area not known
e e º 'º º sº se e s = e º e s tº º ºs ºs º ºs º º ºr e º 'º e º Gº e º sº º - sº gº º ºs ºº e º 'º - e º 'º - E * * * * *
Total in Oregon, as far as known ------------------- tº e º ºs º º sº tº e º 'º e ∈
Utah (4 reservations):
Fort Cameron
Camp Douglas
Camp Floyd ------- * - e º ºs e º º ºs º ºs º ºs º dº º º sº º – º ºs tº Gº & º ºs º ºs e º ºs º- e º 'º - e º sº º ºs º dº º & tº º
Rush Lake Valley
Total in Utah
Washington Territory (35 reservations):
Port Angeles and Ediz Hook, area not known.
Canoe Island
Cape Disappointment
Lopez Island
Straits Juan de Fuca ----------------------------------------------
Point Roberts--------------- tº e s us as as we e s tº e e º ºn m e º nº e º sº gº tº e º ºs e º e º ºs º º ºs º ºs º º
On San Juan Island
Shaw Island ------------------------------- s = e e s as a s as e e s tº e s as ºn e s = * * *
Fort Three Tree Point
Port Townsend
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
On north side of New Dungeness Harbor
South side New Dungeness Harbor
West side of entrance to Washington Harbor
East side of entrance to Washington Harbor
Challam Point
Opposite Challam Point
Opposite Protection Island
Vancouver Point
Point Wilson.------------------------------------------------------
Admiralty Head
Marrowstone Point
North of entrance to Deception Pass (including islands)
South of entrance to Deception Pass
Two islands east of Deception Pass
Tala Point, near Hood's Canal
Hood's Head, near Hood's Canal
Foulweather Point
Double Bluff
Point Defiance
Three tracts on west side of narrows of Puget Sound (each 640)-----
Most northerly point of Whidbey's Island
* * * * * * * * is ºn s e s e e s s as a e s as e as me s e º sº º ºs º º e º se e º us is sº s e s - e s sº
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * - sº º sº tº º sº º º º ºs º ºs ºs e º º ºs º ºs
Acres.
920.00.
10,900. 93
10,374. 40
22, 195. 33.
3, 135.68
192. 07
1,250. 11
4,577.86
23,378.00.
2,560.00
94,550.00
5, 131.47
125,599.47
640. 00
619. 57
300. 00.
640, 00
640. 00.
640, 00
640, 00,
640. 00
640. 00.
640. 00
640. 00.
640. 00
640, 00
640. 00
640, 00
200. 00.
640. 00.
640, 00
640. 00
640. 00.
640. 00
1,920.00
640. 00
Total area reserved in Washington Territory, including some lands
disposed of prior to date of the orders declaring reservations....
Wisconsin (1 reservation):
Stone Quarry Reservation in township 28 north, range 25 east
* … gº - - tº c
25,446.00
1,046. 10
=-
254 MILITARY RESERVATIONS.
Wyoming (9 reservations):
Acres.
Eort Bridger---- ge e º us tº tº sº º sº sº tº º is sº tº sº º ºs º ºs º ºs e = e º is a s = º sº e s m º ºs s s = º ºs ºs º ºs e º ºs º e º sm. 10,240 00
fort Fetterman --------------------------------------------------------- 89,680.00
Fort; Laramie ge º ºs º dº tº e = m, as as s as me • * * * * * * s e s m = tº dº º sº º º ºs º ºs ºs º gº º ºs º ºs º º sº * * * * * * * * * * * * * * 34,560.00
Fort D. A. Russell.-------------------------------------- gº º e º sº º ºs e º e mº ----. 4,512.00
Fort Sanders------------------- * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 21,882.64
Fort Fred Steele ----------------------- tº dº º sº tº gº tº gº tº º ºs º ºs tº ºs ºn tº gº º º is tº º sº tº e º ºs º º sº, e = 23,040.00
Sulphur Creek (for coal). ge º sº gº º ºs º ºs º º ºs ºs º gº tº º º & e º ºn tº gº tº gº º ºs e º ºs e º nº sº tº tº º ºs º ºs º e º 'º - e º sº. 100, §
Fort McKinney----------------------------- tº e º 'º ſº tº tº dº º sº tº º ºs tº tº º sº º º ºs e º ºs º dº e º gº º 25,600.0
Depot McKinney----------------------------------------- tº tº gº tº º sº at tº sº is e º e º 'º 640, 00
Total in Wyoming ---------- tº tº 5 tº £ tº dº ſº º ſº º 'º -e º 'º º 'º gº º sº º tº tº tº tº º ſº & sº sº º sº º ºs 210,254.64
Recapitulation of areas as far as known or estimated.

tº tº
9 :
H as
‘s; States and Territories. Area.
6 : -
+ $2. Ǻ
. - Acres.
1 Alabama tº gº tº gº ºn e º ºs º dº º is ºn tº E tº tº e º tº as- * * * * * * * * * * * * * * se ºn is us s = s. s is a tº s sº s = e s is • tº º º ºs º º º ſº º º tº tº º sº tº ºs ºs º is ºn tº º ºs ºn as sº was as we s tº as sº
•º º º 'º e Islands in Gulf, Alabama and Mississippi ---------------------------------------- 6,
13 Arizona. • * s s = e s = as s = e s a s is a s s = e s ºn e s m is ºn e s = e s = s. s = ºn e s is a e s is is is us ºn m = n is as a s a s as º ºs e s = * * * * * * * * * s 197,052.67
2 | Arkansas------------------------------------------------------------------------- 2
19 | California.------------------------------------------------------------------------ 21,461.69
5 | Colorado-------------------------------------------------------------------------- 79,976.00
10 | Dakota, including that part of Fort Buford in Montana -------------------------- 985,339.08
16 Florida --------------------------------------------------------------------------- 13,045. 13
5 | Idaho----------------------------------------------------------------------------- 9, 178.05
1 | Illinois, Fort Armstrong (area not known).----------------------------------------|--------------
*6 SaS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 92, 910. 22
7 | Louisiana------------------------------------------------------------------------- 1, 341.26
'6 Michigan s sº se is is º ºs ºn e ºs e º ºs º ºs e º se gº tº e º ºn tº dº º sº gº tº wº ge º º ºs e º ºs ºs º ºs e º e º ºs e º ºs e º ºs e º ºs ºn s is ºn m tº ſº a m = e º ºs º a sm e º e 9, 347. 78
2 | Minnesota, besides Fort Snelling ------------------------------------------------- 7. 32
3 | Missouri (one partial)------------------------------------------------------------- 54. 70
8 || Montana-------------------------------------------------------------------------- 830,956.64
6 | Nebraska------------------------------ ------------------------------------------- 66, 366.60
13 | New Mexico (Fort Butler never declared) ---------------------------------------- 218,086. 51
3 | Nevada.--..... . ------------------------------------------------------------------ 22, 195.33
4 | Oregon ------------------------------- gº º ºs e º e º ºs e º ºs ºs e º 'º gº tº tº Gº e º ºs tº ſº tº gº as sº e º ºs tº ſº º is º ºs º gº tº º is tº º 4, 577.86
4 Dºta * * * * * * * * * * * : * * * > e º 'º e º gº tº ſº º sº gº tº dº tº tº tº º ºs º gº tº 3. Its ſº tº tº tº º ſº º ſº tº * > * = e º 'º dº º º ſº ſº tº tº e º 'º - ſº º º gº tº º sº tº us tº dº sº 125, 599. 47
35 Washington tº gº tº e º E gº tº gº tºe tº a ---------------------------- tº tº º ſº º tº gº º e º ºs ºs º ºs e º º ºs º is tº es tº e º sº tº º ºs & 25,446. 00
1 | Wisconsin --------------------------------------- tº gº ºn e º ºs º ºs º ºs º ºs ºn tº ſº e º º ºs º º tº e º º ºs º is tº º ſº tº tº 1,046. 10
9 || Wyoming------------ • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 210,254,64
#79 Grand total tº tº ſº dº tº gº tº gº tº tº ſº tº º ſº tº gº tº º ºs e º 'º ºn tº gº º ºs º º sº tº º ſº tº Lº tº e º ºs º ºs º ºs º ºs e º ºs e º e º ºs e º e º º ºs º dº ſº º sº º sº 2,920, 580. 68
C H A P T E R XVIII.
To JUNE 30, 1882.
[See page 752.]
STATE SE L E GTION S.
To JUNE 30, 1880.
September 4, 1841, Congress granted, by the eighth section of the “State selection
act,” to each State named, and “to each new State that shall hereafter be admitted
into the Union,” 500,000 acres of public lands for internal improvements, which in-
cluded the quantity that was granted to such State before its admission, and while
under a Territorial government, for such purpose. (See U. S. Statutes at Large, and
Regulations of the General Land Office, for method and details of selection and
patenting.) i
The selections under this act have amounted to 7,806,554.67 acres, most of which
have been patented to the several States, viz:
States. Acres. Disposition.
Illinois --------------------------------------------------- 209,085.50 Satisfied.
Missouri-------------------------------------------------- 500,000 Do.
Alabama ------------------------------------------------. 97,469.17 Do.
Mississippi----------------------------------------------- 500,000 Do.
Louisiana ------------------------------------------------ 500,000 Do.
Michigan ------------------------------------------------. 500,000 Do.
Arkansas.------------------------------------------------ 500,000 Do.
Florida --------------------------------------------------- 500,000 484,184 acres selected.
Iowa ----------------------------------------------------- 500,000 Satisfied.
Wisconsin ------------------------------------------------ 500,000 Do.
California ------------------------------------------------ 500,000 487,709 acres selected.
Iºansas --------------------------------------------------- 500,000 Satisfied.
Minnesota -----------------------------------------------. 500,000 Do.
Oregon --------------------------------------------------- 500,000 Do. .
Wevada --------------------------------------------------. 500,000 470,014 acres selected.
Nebraska.------------------------------------------------ 500,000 Satisfied.
Colorado-------------------------------------------------. 500,000 302,541.26 acres selected.
Total ----------------------------------------------- 7,806, 554.67
Illinois and Alabama received part of the 500,000 acres under previous grants.
Ohio and Indiana received their quotas for internal improvement prior to the act of September 4, 1841.
255
C H A P T E R XIX.
To December 1, 1883. s
[For table showing allowance to all States and Territories, see pages 753, 1260.]
DISTRIBUTION ACT OF SEPTEMBER 4, 1841.
DISTRIBUTION OF THE NET PROCEEDS OF THE MONEYS ARISING FROM THE SALES
OF PUBLIC LANDS IN THE SEVERAL PUBLIC LAND STATES AND TERRITORIES.
The act of September 4, 1841, provided that after deducting 10 per cent. of the
net proceeds of the sales of public lands within the States of Ohio, Indiana, Illinois,
Alabama, Missouri, Mississippi, Louisiana, Arkansas, and Michigan, all the net pro-
ceeds of the sales of public lands in all the States, subsequent to December 31, 1841,
were to be divided pro rata among the twenty-six States and the Territories of Wis-
consin, Iowa, and Florida, and the District of Columbia, according to their respective
Federal population, as ascertained by the census of 1840.
Statement of the amount allowed and paid to the States of Ohio, Indiana, I llinois, Alabama,
Missouri, Mississippi, Louisiana, Arkansas, and Michigan under the distribution act of
September 4, 1841. - -
Ohio------------------------------------------------------------------- $61,046 33
Indiana---------------------------------------------------------------- 30,278 13
Illinois.---------------------------------------------------------------- 50,563. 10
Alabama -------------------------------------------------------------- 25, 125 23
Missouri--------------------------------------------------------------- 23,246 55
Mississippi------------------------------------------------------------- 14,088 14
Louisiana-------------------------------------------------------------- 14, 16899
Arkansas -------------------------------------------------------------- 5,012 16
Michigan ----------------------- tº e s sº sº º is º 'º º sº tº e º e s sº ºn e º sº e as a se e s a se e s m is e s as as e is 9,729 57
Total.---- tº e º ºs ºs º & © º ºs º º sº tº dº º ºs º ºs º º ºs ºn tº º º sº º ºs º gº tº gº º ſº. tº e º sº sº º ºs e º º ſº tº tº ſº º ºs º º & 233,258 20
256
CHAPTE R XX.
*
To JUNE 30, 1882.
[See pages 753–949.]
To JUNE 30, 1883.
[See pages 1260–1276.]
CAN AL, W A G ON, AND RAILROAD GRANTS.
TO JUNE 30, 1880.
LAND GRANTS For PUBLIC IMPROVEMENTS.
The granting of subsidies of public lands to aid in constructing canals, wagon, and
railroads grew out of the fierce political battles, after the year 1803, on the subject of
internal improvements by aid of the National Government. It was contended by the
various factions favoring these improvements that the power of Congress to act in
such cases was derived from the clause for “common defense and general welfare,”
or the clause authorizing Congress “to establish post-offices and post-roads,” and
under the clause to “regulate commerce with foreign nations and among the several
States and with the Indian tribes.” (See report of John C. Calhoun, Secretary of
War under President Monroe; the message of President Monroe favoring internal im-
provements under the general government, May 4, 1822; veto message of President
Monroe of Cumberland road bill, May 4, 1822; veto message of President Jackson of
Maysville road bill (Kentucky), May 27, 1830, and same of date December 2, 1834, on
Wabash improvement bill in sixth annual message; see also veto message of Presi-
dent Polk upon the river, harbor, and improvement bill; the report of Mr. Calhoun
to the Memphis convention upon the improvement of the Western rivers; Mr. Benton's
Thirty Years in the United States Senate; Wheeler's Biographical Dictionary of Con-
gress; Williams's Statesman's Manual; Presidents' messages to 1880, and reports of
committees of Congress to 1880.)
FIRST ACT GRANTING LANDS For PUBLIC IMPROVEMENTS–OHIO, 1802.
April 30, 1802, Congress made the first appropriation of public lands in favor of
public improvements. In the enabling act for the State of Ohio it was provided that
one-twentieth part of the net proceeds from the sales of public lands lying in said
State and sold by Congress should be given to the State for the purpose of laying out
and making public roads from the navigable waters emptying into the Atlantic to the
Ohio River—roads to be laid out under authority of Congress with the consent of the
several States through which they passed.
The act giving Ohio 3 per cent. of the net proceeds of land sales for laying out,
opening, and making roads within said State was passed March 3, 1803.
CANAL GRANTS, OHIO, INDIANA, AND ILLINOIs.
Legislation of like character was passed until after the year 1823. A canal act,
with right of way, for Indiana, was passed March 26, 1824. This was not utilized.
The act for Indiana, passed March 2, 1827, abrogated the act of 1824, and an act of
like date gave to Illinois—as did the act to Indiana—grants of land in aid of the con-
struction of two canals. The Indiana canal, the Wabash and Erie, was to connect
the Wabash River with Lake Erie, and the Illinois canal was to connect the waters
of the Illinois River with those of Lake Michigan. The act of May 24, 1828, gave
to the State of Ohio a grant to aid in the construction of the Miami Canal from Day-
ton to Lake Erie.
17 L O—WOL III - 257
258 LAND GRANTS FOR CANALS.
Land equal to two and one-half sections in width on each side of the canal was
granted, the United States reserving each alternate section, which reservation then
inaugurated has become the rule in land-grants for improvements.
When the lines of the canals were established selections of land were to be allowed,
and the title in fee at once passed to the States, who were to dispose of the same.
The act provided that the construction of the canals should be commenced within five
years and completed within twenty years, and upon failure to comply with these con-
ditions the States were to pay the United States the amount received for any lands
previously sold. Purchases from the States were protected by the title in fee having
passed to the State upon location of the canals. This was equal to a cash advance by
the Nation for construction purposes, as the lands were sold by the States and the
money thus obtained built the improvements.
These acts of March 2, 1827, and May 24, 1828, (with the subsequent legislation
thereunder), granting lands to Ohio, Indiana, and Illinois in aid of the construction
of the canals named, resulted in the vesting to those States for such purpose of 2,014,816
acres of land; the grant to the Wabash and Erie Canal being, in Indiana 1,457,366.06
acres, in Ohio 266,535 acres, a total of 1,723,901.06 acres; and the Illinois canal, con-
necting the Illinois River with Lake Michigan, 290,915 acres. (See act of March 2,
1833, which authorized Illinois to use the lands granted for the construction of a rail-
road.) . wº
The total number of grants, beginning in 1824 and ending 1866, and area thereof,
viz, 4,424,073.06 acres, made by the United States to the States for canal purposes are
shown in the following table:
Land concessions by acts of Congress to States for canal purposes from the year 1824 to
June 30, 1880.

§§ •
$- r
#
States. Date of laws. § Name of canal. ă É
+-> an Ö
--> º Sº tº §
CO ſh- *
Indiana---------. Mar. 26, 1824 4 47 | | ſl- - - - - - . . . . .
Do----------. Mar. 2, 1827 || 4 || 236 234, 246.73
Do----------- May 29, 1830 4 || 416 29, 552.50
Do. ---------- Feb. 27, 1841 || 5 || 414 || > Wabash and Erie Canal.....----......---- 259,368.48
Do----------- Aug.29, 1842 || 5 || 542 | 24, 219.83
Do. ---------- Mar. 3, 1845 || 5 || 731 796, 630. 19
e Do----------. May 9, 1848 || 9 || 219 |J 113,348.33
oniº: ;:##| | #: }Wabash and Erie Canal.------------------ } 266, 535.00
#:::::::::::: *.*##| || #|}Miami and Dayton........................ {| 333,826.00
Do. (sec. 5). --| May 24, 1828 || 4 || 306 || General canal purposes... -- - - - - - - - - - - - - - - - - - 500,000.00
Illinois.-----...---- Mar. 2, 1827 4 || 234 } Canal to connect the waters of the º 290, 915. 00
Do. ---------- Aug. 3, 1854 10 || 344 River with those of Lake Michigan----. ZöU, §10.
Wisconsin - - - - - - - June 18, 1838 || 5 || 245 || Milwaukee and Rock River Canal...... ------ 125,431.00
Do. --...-----| Apr. 10, 1866 || 14 39 Breakwater and Harbor Ship Canal.-------. l
Do----------. Mar. 1, 1872 10 32 || Act extending the time for completion of
- - Canal to April 10, 1874 -------------------- 200,000. 00
Do.---------- Mar. 7, 1874 18 20 || Act extending the time for completion of
canal to April 10, 1876.--------------------
Michigan -------- Aug. 26, 1852 10 35 | Saint Mary's Ship Canal.----- - - - - - - - - - - - - - - - - 750,000.00
Dö....... . . . . Mar. 3, 1865 13 519 || Portage Lake and Lake Superior Ship Canal | 200,000.00
Do----------- July 3, 1866 14 81 |- - - - - - O - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 200,000.00
Do. ---------- July 6, 1866 14 80 || Lac La Belle Ship Canal.--------------------. 100,000.00
RECAPITULATION. -
Indiana ---------------------------------------------------------------------------------- 1,457, 366.06
Ohio ------------------------------------------------------------------------------------ 1,100,361.00
Illinois.---------------------------------------------------------------------------------- 290,915.00
Wisconsin ------------------------------------------------------------------------------ 325,431.00
Michigan ------------------------------------------------------------------- e e s m me is sº me s sº sº in a 1,250,000.00
Total quantity granted and certified for canal purposes.------------------------ ... 4,424,073.06
LAND GRANTS FOR CANALS. 259
Session of Congress and administration when enacted.
Acres. Acres.
Fresident Monroe :
1824. 1st sess., 18th Cong. :
Indiana.—March 26: Winsh and Erie Canal (not util-
ized).
President John Quincy Adams:
1827. , 2d sess., 19th Cong. :
Indiana.-March 2: Wabash and Erie Canal.----...----- 234,246.73
Ohio.—March 2: Wabash and Erie Canal (see act of
June 30, 1834)----------------------, ---------------- 266,535.00
Illinois.—March 2: Illinois River and Lake Michigan (see
act of August 3, 1854)-------------------------------- 290,915.00
1828. 1st sess., 20th Cong.: -
Ohio.—May 24: Miami and Dayton (see act of April 3,
1830)----------------------------------------------- 333,826.00
May 24: Sec. 5, general canal purposes ----------- 500,000.00
Total under President J. Q. Adams------------------------------ 1,625, 522.73
President Jackson :
1830. 1st sess., 21st Cong. :
Indiana.-May 29: Wabash and Erie Canal.---------------------- 29,552.50
President Van Buren :
1838. 2d sess., 25th Cong.:
Wisconsin.—June 18: Milwaukee and Rock River Canal. 125,431.00
1841. 2d sess., 26th Cong. :
Indiana.—February 27: Wabash and Lake Erie Canal... 259,368.48
Total under President Van Buren.------...----------------...--.... 379,799.48
President John Tyler:
1842. 2d sess., 27th Cong. :
Indiana.-August 29: Wabash and Erie Canal.--------. 24,219.83
1845. 2d sess., 28th Cong.:
Indiana.—March 3: Wabash and Erie Canal... -- - - - - - - - - 796,630. 19
Total under President Tyler .--------- -------------------------- 820, 850.02
President Polk: -
1848. 1st sess., 30th Cong. :
Indiana.-May 9: Wabash and Erie Canal -----------------...------ 113,348.33
President Fillmore :
1852. 1st sess., 32d Cong. :
Michigan.—August 26: Saint Mary's Ship Canal.-----............. 750,000.00
President Lincoln : -
1865. 2d sess., 38th º :
Michigan.—March 3: Portage Lake and Lake Superior
Ship Canal----------------------------------------------------- 200,000.00
President Johnson :
1866. 1st sess., 39th Cong.:
Michigan.—July 3: Portage Lake and Lake Superior
Ship Canal ----------------------------------------- 200,000.00
Wisconsin.—April 10: Breakwater and harbor ship canal
(see acts of April 10, 1874, and April 10, 1876)-------- 200,000.00
Michigan.—July 6: Lac La Belle Ship Canal.----...-. - 100,000.00
Total under President Johnson.----. -----------...-- ------------- 500,000.00
Grand total.---------------- ------------------------------------ 4,424,073.06
TERRITORIAL GRANTS IN AID OF INTERNAL IMPROVEMENTs.
The Des Moines River grant of lands to the Territory of Iowa for the purpose of
improving the navigation of the Des Moines River from its mouth to the Raccoon
Fork, was a peculiar one. (See 9 Stats., p. 77.) The act was approved August 8, 1846,
and was the subject of much departmental and judicial construction, running through
a long period of years. (See Railroad Company vs. Litchfield (23 Howard, 66), and
acts of legislature of Iowa of March 22, 1858, and of Congress July 12, 1862, 12 Stats.,
p. 543.) This grant was partially merged into the grant in aid of the Keokuk, Fort
Des Moines and Minnesota Railroad.
260 LAND GRANTS FOR WAGON ROADS.
The grant to the Territory of Wisconsin took effect upon the admission of Wiscon-
sin as a State, and was for the improvement of the Fox and Wisconsin rivers, in that
State, and to aid in constructing a canal connecting those two rivers. It was ap-
proved August 8, 1846, the same day as the Iowa grant. In this act was the first pro-
visions for increasing the price of reserved sections of land to double minimum, $2.50
per acre.
WAGON ROAD AND MILITARY WAGON-ROAD GRANTS.
The Ohio wagon-road grants of money to aid in constructing roads, in 1802 and
1803, and others of like character, gave way to grants of land for wagon-road pur-
poses.
March 2, 1827, Indiana was granted a piece of public land (Pottawatomie Indian
lands), or the money from the sale thereof, for building a road from Lake Michigan,
through Indianapolis, to the Ohio River.
March 3, 1827, Ohio was granted one-half of two sections along its line to construct
a road from Columbus to Sandusky.
Other grants of like character were made.
from 1827.)
The following shows the military wagon-road grants of public land made by the
United States from 1863 to June 30, 1863:
(See statutes of the United States,
Military wagon-road grants by act of Congress to States or corporations from 1824 to June
30, 1880.
3-5 9
Statutes ##5
at Large. 3 *
&H C
States of Date of law. 5 Wagon roads. Mile limits. #: 3 3
p- tſ) 3 : 3: .
§ & ####
Wisconsin. Mar. 3, 1863 |12 || 797 | From Fort Wilkins, Copper Harbor,
Mºhº to Fort Howard, Green Bay,
1S.
Do----. June 8, 1868 15 67 || Act extending time for completion of 3 and 15 || 302,930.36
road to March 1, 1870.
Do. ---. May 6, 1870 | 16 121 | Act extending time for completion of
road to January 1, 1872.
Do. . . . . June 25, 1864 13 | 183 || Act granting lands to the State to 3 and 6 ------------
build a military road to Lake Su-
perior. ~
Michigan. Mar. 3, 1863 |12 || 797 | From Fort Wilkins, Copper Harbor,
Mich., to Fort Howard, Green Bay,
IS.
Do..... June 8, 1868 15 67 || Act extending time for completion of
road to March 1, 1870. > 3 and 15 221,013.35
Do. ---. May 6, 1870 16 || 121 | Act extending time for completion of
road to January 1, 1872. |
Do. ---. Apr. 24, 1872 17 56 || Act extending time for completion of
road to January 1, 1874. J
Do----. June 20, 1864| 13 || 140 | Nomap filed; limitations of grantex- |.....--...----|------...--.
• pired June 20, 1869.
ore; ...|July 2, 1864 13 || 355 Oregon Central military road . . . . . . . . . 3 || 361, 327.43
0- - - - - Dec. 26, 1866 || 14 || 374 ** making provision for indemnity 6 -----------
imits.
Do----. Mar. 3, 1869 ; 15 338 || Act extending time for completion of |--------------|------------
road to July 2, 1872.
Do..... July 4, 1866 14 86 || Corvallis and Aquinna Bay .... -----. 6 76, 885. 98
Do... - || July 5, 1866 14 89 || Willamette Valley and Casca de 3 alternate 107, 893. 01
Mountain. sections to
be selected
within six
- Iniles.
Do..... Feb. 27, 1867 || 14 | 409 Dalles military road . . . . . . . . . . . . . . . . 3 and 10 | 126,910. 23
Do. ---. . 3, 1869 || 15 340 | Coos Bay military road .............. 3 and 6 104,080. 11
Total acres ---------------------|-------------- 1,301,040.47
RECAPITULATION. Acres.
Wisconsin ------------------------------------------------------------------------------- 302, 930.36
Michigan -------------------------------------------------------------------------------- 221,013. 35
Oregon --------------------- tº ºr s ſº e - as e º e º ºs e º ºs º ºn tº sº sº ºn is sº - - * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 777, 0.96.76
Total ------------------------------------------------------------------------------ 1,301,040. 47


LAND GRANTS FOR RAILROADS. 261
Session of Congress and administration when enacted.
Acres.
President Lincoln:
1863. 3d. sess., 37th Cong. : -
Wisconsin.—March 3: From Fort Wilkins' Copper Har-
bor, to Fort Howard, Green Bay, Wis. (see acts of June
8, 1868, and May 6, 1870.---------------------------- 302,930.36
Michigan.—March 3: same road in Michigan—(See acts
of June 24, 1864, June 8, 1868, May 6, 1870, and April
24, 1872 --------------------------------------------- 221,013. 35
1864. 1st sess., 38th Cong. :
Oregon.—July 2: Oregon Central Military Road—(see
acts March 3, 1869, and December 26, 1876). --------. - 361, 327.43
Total under President Lincoln.------------------------------ 885, 271. 14
President Johnson:
1866. 1st sess., 39th Cong. :
Oregon.—July 4: Corvallis and Aquinna Bay- - - - - - - - - - - 76,885.98
Oregon.—July 5: Willamette Valley and Cascade Mount-
ains ------------------------------------------------ 107, 893.01
1867. 2d sess., 39th Cong. :
Oregon.—February 27: Dalles Military Road.---...----...-- 126,910.23
1869. 3d sess., 40th Cong.: *
Oregon.—March 3: Coos Bay Military Road.----------. 104,080. 11
Total under President Johnson.---------------------------------- 420,769. 33
Grand total.-------------------------------------------------- 1,301,040. 47
GRANTS OF PUBLIC LANDS FOR RAILROADS FROM 1850 TO JUNE 30, 1880.
THE GRANT TO THE STATE OF ILLINOIS.
March 2, 1833, Congress authorized the State of Illinois to divert the canal grant of
March 2, 1827, and to construct a railroad with the proceeds of said lands. This was
the first Congressional enactment providing for a land grant in aid of a railroad, but
was not utilized by the State.
The first right of way (30 feet on each side of its line) through the public lands for
a railroad, with use of timber within 300 feet on either side and 10 acres at terminus,
was granted to a Florida company March 3, 1835.
In the right of way to the New Orleans and Nashville Railroad Company granted
July 2, 1836, first appears the requirement of filing a description of the route and
surveys with the General Land Office. Easements were granted for necessary depots,
water stations, and workshops, in blocks of not more than five acres on the line of
the road, and adjacent, and at least fifteen miles apart. Material for construction—
earth, stone, or timber—might be taken from the public lands. A limitation as to
beginning the road within two years and completing the same in eight years, was
provided, with a forfeiture of the grant unless construction was carried out as above.
Abandonment of the road caused the grant to “cease and determine.” The East
Florida grant required maps to be filed with the Commissioner of the General Land
Office showing the location of the lands, as also did grants for other railroads.
The act of September 20, 1850, was the first railroad act of real importance, and ini-
tiated the system of grants of land for railroads by Congress which prevailed until
after July 1, 1862. This grant gave the State of Illinois alternate sections of land
(even-numbered) for six sections in width on either side of the road and branches, be-
ing a grant of specific sections.
The second section initiated the “indemnity” practice, or the granting of lands to
the company in lieu of lands within the original grant occupied by legal settlers at
the time of the definite location of the route, to be taken within fifteen miles of the
*
262 LAND GRANTS FOR RAILROADS.
road, and designated the method of disposition. The third section provided that
lands of the United States within the grant limits should not be sold at less than
double minimum price ($2.50) being an increase of the price of lands from $1.25 to
$2.50 per acre, or from single to double minimum. It provided for a forfeiture of the
grant, with payment by the State to the United States for lands sold, in case of failure
to construct within a certain fixed time. Unsold lands were to revert to the public
domain, and purchasers from the State to have good title. This was providing for
‘default and reversion thereafter.
The road was to be a public highway, to be used by the Government free of toll or
other charges, and the mails were to be carried at prices to be fixed by Congress.
TERMS OF THE ACT EXTENDED TO ALABAMA AND MISSISSIPPI.
This act extended like terms and conditions to the States of Alabama and Mississippi
in aid of the Mobile and Ohio road which was to connect with the Illinois Central and
branches—all of which roads are now established.
LEGISLATIVE HISTORY OF THE ILLINOIS ACT OF 1850.
The following legislative history of the passage of this law is from a statement made
by the Hon. Stephen A. Douglas, noted and written out by Col. J. Madison Cutts,
U. S. A. :
The Illinois bill was the pioneer (railroad) bill, and went through without a dollar,
pure, uncorrupt. - tº:
As early as 1835 the Illinois legislature granted to D. B. Holbrooke a charter for the
Illinois Central Railroad, and also for the construction of a city at the mouth of the
Ohio River, called Cairo, and various other charters for enterprises connected with
his proposed improvements at Cairo. Before Mr. H. had taken any steps to construct
the road, the Illinois legislature, at the session of 1836–37 commenced a system of
internal improvements at the expense and under the control of the State, which sys-
tem embraced the construction of the Illinois Central Railroad/ among other works,
and they repealed the charter granted to Mr. H. for that road.
After spending a large amount of money on these various works, including over a
million of dollars upon the Illinois Central road, the credit of the State failed' during
the pecuniary revulsions of 1837, 1838, 1839, and 1840, and the works were all aban-
doned. Mr. H. again applied to the State for a charter to construct a road, which
was granted to him and his associates, together with all the work that had been
already done, on condition that he would proceed and construct the road.
Mr. H. through his friend and partner, Judge Breese, Senator from Illinois, applied
to Congress for a pre-emption right to enter all the lands at any period within ten
years, on each side of the line of said road, at one dollar and a quarter per acre, and
Senator Breese reported a bill to that effect from the Committee on Public Lands of
the Senate, and urged its passage. His colleague, Mr. Douglas, denounced the propo-
sition as one of extravagant speculation, injurious to the interests of the State, inas-
much as its effect would be to withhold eight or ten million acres of land from settle-
ment and cultivation for the period of ten years, until they should become valuable
in consequence of the improvements made by the settlers upon the adjacent lands,
without imposing any obligation on the company to make the road or to pay for any
of the lands except those which they should in the mean time sell at advanced prices;
the bill, in fact, creating a vast monopoly of the public lands. Mr. Douglas then in-
troduced into the Senate a counter proposition, which was to make the grant to the
State of Illinois of alternate sections. Mr. H. and his agents used their influence to
defeat this bill, because the grant was made to the State instead of to the company.
Mr. Douglas succeeded in passing it in the Senate, with almost certain prospect of
its passage in the House, where it was supposed that the grant was certain to become
a law. Mr. H. and his agents went directly to Illinois, where the legislature was in
session, but at a time when no person in Illinois supposed that the bill would pass
Congress, and procured the passage of a law making several important amendments
to its charter. After the legislature adjourned, and after the land grant had been
defeated in Congress, fortunately, but unexpectedly, by two votes, Mr. Douglas re-
turned home, and upon examining the manuscript acts of the legislature before they
were printed, discovered that a clause had been surreptitiously inserted into the amend-
ments conveying to the company all the lands granted or which should be granted to
the State of Illinois, to aid in the construction of railroads in that State. This act
purported to have passed the Illinois legislature on the very day on which the final
vote was taken in Congress upon the grant of lands. Upon inquiry of the governor,
secretary of state, and members of the legislature, they all denied any knowledge of
r
LAND GRANTS FOR RAILROADS. 263
this particular clause in the act, and no one could account for its being in the act, nor
did any one know at what time it was inserted, or by whom. - -
By an examination of the journals, it appeared that the legislature had at the same
time passed resolutions instructing their Senators and requesting their Representatives
in Congress to vote for the grant of land, although it had already passed the Senate,
and all the Representatives were supporting it in the House.
Mr. Douglas, * * * at Chicago, made a public speech, in which he exposed this
act of the Illinois legislature in giving away the lands which Congress proposed to
grant to the State, and denounced it, and pledged himself to defeat any grant of lands
in Congress which should come to * * * anybody except the State of Illinois.
It was never ascertained how the amendment was introduced. When Congress as-
sembled at the next session, Mr. Holbrooke * * * urged Mr. Douglas to renew his
bill for the grant of land. Mr. Douglas showed him a bill, which he was about to in-
troduce, commencing the road at a different point on the Ohio River, , and running it
to Chicago on a different line from the Illinois Central, and making it a condition of
the grant that it should not inure to any railroad company then in existence.
Mr. H. begged Mr. Douglas to save Cairo, where he had lodged his entire fortune.
Mr. D. consented, provided he would release his charter for the road, and his charters
for the various improvements at Cairo. Mr. H. went to New York “ , ” ”, “and after
a time” brought back a satisfactory release. “I immediately sent the release to the
secretary of state of Illinois, to be filed and recorded, and requested him to telegraph
me upon its reception. I waited until I received the dispatch and then called up the
bill and passed it through the Senate. The bill, when first introduced, had been op-
posed by the Senators from Mississippi, Davis and Foote, on the ground of its uncon-
stitutionality, and also by the Senators from Alabama, King and Clement, and by the
members of the House from those States. Immediately after its first defeat I went to
my children's plantation in Mississippi, and from there to Mobile, intending to see the
president of the Mobile Railroad, then building, but which had been stopped, and
failed for want of means. I inquired the way to the office, found it and himself, and
fortunately all the directors, who had just had a meeting and knew what to do. I
proposed to him to procure a grant of lands, by making it a part of my Illinois Central
Railroad bill, which they assented to. I told them that their Senators and Represent-
atives must vote for the bill. They said they would. ‘No,' I replied, “they already
voted against it. It is necessary to instruct them by the legislatures of your States.’
One of the directors, Foote, was related to Senator Foote, of Mississippi, and said he
would have this done, and that Foote would never be re-elected to the Senate unless
he did vote as he was required. The others all thought they had sufficient influence
to secure instructions from the legislatures of Alabama and Mississippi. I told them it
was necessary to keep quiet, and secret, as to my connection in the matter. They
promised this, and we all returned to Montgomery, Alabama. They begged me to
stop with them, but I went straight to Washington, being afraid to be seen in those
parts. After I arrived in Washington, the instructions came from Alabama, and King
came, and * * * stormed at the legislature. Davis did not know what in the world
was the matter, and refused to believe it. Soon after came instructions, by tele-
grapic report, from Mississippi. Davis stormed, and a few days after came his letters
and written instructions. Then they wanted me to assist them. Itold them, * * *
to conceal my connection with their instructions, that they had refused to support my
bill, and that I could carry it without them; but I finally yielded, and consented to
King’s proposition (I allowed it to come from him) to amend my bill, so as to connect
the Mobile road, thus making a connection between the latter and the Gulf of Mexico.
Some time afterwards I prepared an amendment—Mr. Rockwell, of Connecticut, a
good lawyer, assisting me—and gave them notice that I was going to call up the bill
in the Senaté. When I did so, I found that Foote, Davis and King, and others, were
absent from the Senate room, and I sent a boy to their committee-rooms to summon
them. They came in haste, King saying that he had not prepared an amendment,
and that he did not know what was required, and asking me to draw one for him. I
told him I had anticipated this, and showed him the amendment which I had pre-
pared. I then made my motion in the Senate, and Mr. King then rose, and with great
dignity asked the Senator from Illinois to accept an amendment which he had to offer.
I did so. They all voted for the bill, and it passed the Senate and went to the House.
“When the bill stood at the head of the calendar in the House, Mr. Harris, of Illinois,
moved to proceed to clear the Speaker's table, and the motion was carried. We had
counted up, and had fifteen majority for the bill, pledged to support it. We had gained
votes by lending our support to many local measures. The House proceeded to clear
the Speaker's table, and the Clerk announced ‘a bill granting lands to the Stäte of
Illinois,’ &c. A motion was immediately made by the opposition, which brought
on a vote, and we found ourselves in a minority of one. I was standing in the lobby,
paying eager attention, and would have given the world to be at Harris's side, but was
too far off to get there in time. It was all in an instant, and the next moment a mo-
tion would have been made which would have brought on a decided vote and have
defeated the bill. Harris, quick as thought, paie and white as a sheet, jumped to his
264 IAND GRANTS FOR RAILROADS.
feet and moved that the House go into Committee of the Whole on the slavery ques-
tion. There were fifty members ready with speeches on this subject, and the motion
was carried. Harris came to me in the lobby and asked me if he had made the right
motion. I said ‘yes,” and asked him if he knew what was the effect of his motion.
He replied, it placed the bill at the foot of the calendar. I asked him how long it
would be before it came up again } He said, it would not come up this session; it
was impossible; there were Ininety-seven bills ahead of it. Why not, then, have suf-
fered defeat ž It was better that we did not. We then racked our brains, or I did,
for many nights to find a way to get at the bill, and at last it occurred to me that the
same course pursued with other bills would place them, each in its turn, at the foot
of the calendar, and thus bring the Illinois bill at the head. But how to do this was
the question.
“The motions to clear the Speaker's table, and to go into Committee of the Whole
on the slavery question, would each have to be made ninety-seven times, and while
the first motion might be made by some of our friends, or the friends of other bills, it
would not do for us, or any one known to be a warm friend or connected with us, to
make the second motion, as it would defeat the other bills and alienate from us the
Support of their friends. I thought a long while, and finally fixed on Mr. , Who,
though bitterly opposed to me (politically), I yet knew to be my personal friend.
Living up in , he supported the bill, but did not care much one way or the
other whether it passed or not; voted for it, but was lukewarm. I called him aside
one day, stated my case, and asked him if he would place me under obligations to him
by making the second motion (to go into Committee of the Whole), as often as it was
necessary. He said yes, provided that Mr. , of , whom he hated, should
have no credit in the event of the success of the measure. I replied that he would
have none.
“Harris, then in the House, sometimes twice on the same day, on others once, either
made himself or caused the friends of the other bills to make the first motion, when
Mr would immediately make the second. All praised us; said we were acting
nobly in supporting them. We replied, ‘Yes, having defeated our bill, we thought
we would be generous and assist you.” All cursed Mr. Some asked me if I
had not influence enough to prevent his motion. I replied, he was an ardent antago-
mist, and I had nothing to do with him, to the truth of which they assented. Finally,
by this means, the Illinois bill got to the head of the docket. Harris, that morning,
made the first motion. We had counted noses and found, as we thought, twenty-eight
majority, all pledged. The clerk announced ‘a bill granting lands to the State of
Illinois,” and so on, reading by its title. The opposition again started; were taken
completely by surprise; said there must be some mistake, that the bill had gone to
the foot of the calendar. It was explained, and the Speaker declared it all right.
A motion was immediately made by the opposition to go into Committee of the Whole;
it was negatived by one majority, and we passed the bill by three majority. If any
man ever passed a bill, I did that one. I did the whole work, and was devoted to it
for two entire years. The Illinois Central Railroad hold their lands now by virtue of
the release from Holbrooke, which I procured.
ILLINOIS CENTRAL RAILROAD.
By an act of the Illinois legislature, of date February 10, 1851, the Illinois Central
Railroad Company was incorporated as a body politic and corporate. The incorpo-
rators were Robert Schuyler, George Griswold, Gouverneur Morris, Franklin Haven,
David A. Neal, Robert Rantoul, jr., Jonathan Sturgis, George W. Ludlow, John F. A.
Sanford, Henry Grinnell, William H. Aspinwall, Levy Wiley, and Joseph Alsop.
The fifteenth section of the act gave the lands ceded to the State for railroad pur-
poses to this company, the governor of the State to make deed in fee therefor to
the corporation. Section 18 provided for certain tax conditions and for the payment
by the company to the State of 5 to 7 per cent. of the gross receipts of the corporation,
to be paid semi-annually to the treasurer of State. This was in consideration of the
grants, privileges, and franchises conferred by the charter. The conditions of the Con-
gressional grant to the State of lands were set up in the charter, and became obli-
gations. g
Under this charter the State of Illinois has received from the Illinois Central Rail-
road Company 5 to 7 per cent. of its gross income.
From March 24, 1855, to April 30, 1880 (paid into the State treasury)... $7,938,868 51
April 30, 1880------------------------------------------------------- 165,787 68
Total --------------------------------------------------------- 8, 104,656 19
LAND GRANTS FOR RAILROADS. ! 265
The road received from the State the lands granted by the National Government, viz:
2,595,053 acres. The State thus far has received in interest alone (the Illinois Cen-
tral Railroad's gross income being a perpetual source of income to the State) more
than $3 per acre for the lands. The State debt of Illinois, September 14, 1880, was
$265,000—which will be paid January 1, 1881, from cash now on hand—and thus the
State will be free from debt, and the income from this railroad will constitute a fund
for State expenses, doing away, to a great extent, with the necessity of taxation for
State purposes. The income from this source in 1879 was over $325,477.38.
AMENDMENT TO THE STATE CONSTITUTION RELATING TO THE ILLINOIS CENTRAL RAIL-
ROAD. . -
July 2, 1870, the people of Illinois voted on the following constitutional amendment:
No contract, obligation, or liability whatever, of the Illinois Central Railroad Com-
pany, to pay any money into the State treasury, nor any lien of the State upon or
right to tax property of said company, in accordance with the provisions of the char-
ter of said company, approved February tenth, in the year of our Lord one thousand
eight hundred and fifty-one, shall ever be released, suspended, Iuodified, altered, re-
mitted, or in any manner diminished or impaired by legislative or other authority;
and all moneys derived from said company, after the payment of the State debt, shall
|be appropriated and set apart for the payment of the ordinary expenses of the State
government, and for no other purposes whatever.
This was adopted by a vote of 147,032 in the affirmative, and 21,310 in the negative,
and was duly proclaimed as part of the organic law of the State.
OTHER GRANTS AFTER 1850.
The Hannibal and Saint Joseph and Missouri Pacific Railroads were the roads built
under the act of June 10, 1852, donating to the State of Missouri certain lands.
This act contained two features in addition to the main provisions of the Illinois
grant, viz, a plan of disposition of the lands granted, and a clause directing the
Secretary of the Interior to offer at public sale, at periods, at the double minimum
price ($2.50 per acre) the reserved Government sections. The provisions of the Illinois
bill requiring the States to reimburse the Government for lands sold, in case of de-
fault, were not in the Missouri act; and in the Arkansas act of February 9, 1853, the
section to “offer” the reserved lands was omitted. June 29, 1854, a grant was made
to the Territory of Minnesota for the purpose of aiding the construction of a railroad
from the southern line to the eastern line of the Territory. This act was very different
from any yet passed. It was an unusual thing to make a grant to a Territory, which
is not a sovereignty. Its provisions were more full and definite, and selection under
authority and supervision of the Interior Department was ordered. (See Statutes at
Large for full details). This act was repealed by Congress by act of August 4,
1854. In Rice v. Minnesota and Northwestern Railroad, the Supreme Court of the
United States sustained the repealing statute, and this grant became forfeited.
The series of grants to Iowa and other States in 1856, and the Minnesota act of 1857,
were in the form and substance of the Missouri grants of June 10, 1852, with the change
of “odd” for “even” in the description of the sections granted to the States.
THE RAILROAD TO THE PACIFIC–PROPOSED LEGISLATION PRIOR TO 1862.
Prior to July 1, 1862, there had been constant agitation of the question of a rail-
road to the Pacific, beginning seriously from about the time of the settlement of the
northern boundary by the Webster-Ashburton treaty of 1842, and the organization
of Washington Territory. A public meeting was held at Dubuque, Iowa, about the
year 1838, on this subject. After 1845 Asa Whitney petitioned Congress for a grant of
one hundred millions of acres of land to enable him to construct a railroad to the
Pacific Ocean. This application was vigorously pushed.
In 1845 Senator Douglas proposed a grant of alternate sections of land to the States of
Ohio, Indiana, Illinois, and Iowa, to aid in the construction of a railroad from Lake Erie,
266 LAND GRANTS FOR RAILROADS.
*
|
via Chicago and Rock Island, to the Missouri River, and prepared a bill (upon which he
issued an address to his constituency) to organize the Territory of Nebraska, extending
from the Missouri River westward, &c., as well as a bill to organize the Territory of Ore-
gon, from the summit of the Rocky Mountains to the Pacific Ocean, and to reserve to each
of said Territories the alternate sections of land for forty miles on each side of a line
of railroad, from a point on the Missouri River where the Lake Erie road should cross
the same, and thence to the navigable waters of the Pacific, in the Territory of Ore-
gon, or on the Bay of San Francisco, in the event that California should be annexed
in time. t
After the admission of the State of California into the Union, in 1850, and up to
1862, a host of measures were proposed in Congress for a railroad to the Pacific
Ocean. Frequent reports were made by a select committee in each house (see com-
mittee reports of Congress, 1850 to 1862, and Journals of both houses of Congress,
and the Globe). The main provisions of the bills reported favorably were, that
Congress should make an appropriation of lands, varying in the different bills from
fifteen to forty sections per mile, from the Missouri River to the Pacific Ocean,
and then providing that the President of the United States should receive sealed pro-
posals from contractors for the construction of the road, contractors to construct at
their own expense, and own it when constructed, the United States to make convey-
ance of the lands granted as fast as the road should be completed through the same.
The Government was to make a contract in advance for the transportation of the mails;
Army and Navy supplies, and all other freights for the Government, to be determined
by bids. These bids were to be received on the following points: First, within how
short a time will the contractors complete the road? Second, at what rate per annum
will the contractors carry the mails and Government freights for a period of twenty
years from the completion of the road? When all the bids were received, the Presi-
ident, in the presence of the Cabinet, and other persons, was to open the bids and
assign the contracts to those contractors whose bids should be most favorable to the
interests of the United States, having in view the shortness of time for completion
and the cheapness of transportation upon it.
A bill reported to the Senate in 1858 proposed that the United States should loan
to the contractors its 5 per cent. bonds to the amount of twelve thousand five hun-
dred dollars per mile for each mile of the road, which was to be repaid to the United
States in transportation of the mails and other Government service to be rendered by
the road. -
In his annual report for 1849, Secretary of the Interior Ewing called attention to
the “Recent Pacific Railroad meetings at Memphis and Saint Louis.”
GovIERNMENT SURVEYS FOR A RouTE.
The Government of the United States, under the War Department, organized and
executed a series of transcontinental surveys and explorations from the Mississippi
River westward to the Pacific Ocean, for ascertaining the most practicable and eco-
nomical railroad route to the Pacific. The report reviewed the resources and prospects
of the following routes: The extreme northern route (Steven's), between the 47th and
49th parallels, north latitude; the route of the 41st parallel (Mormon route); the route
of the 38th parallel (Benton's great central or Buffalo Trail route); the route of the
35th parallel (Rusk's route), and the route of the 32d parallel (El Paso and the Gila to
the Pacific) through the Gadsden purchase.
POLITICAL ACTION AND PETITIONS.
Legislatures petitioned, mass meetings were held, and conventions of political par-
ties urged the passage by Congress of a law to build a railroad to the Pacific Ocean.
In 1856 the Democratic party, in national convention at Cincinnati, in June, passed
a resolution (in their platform) asserting that it was the duty of the Federal Govern-
ment to exercise all its constitutional power to aid in building the railroad to the Pa-
LAND GRANTS FOR RAILROADS. 267
cific. The Republican party, at its national convention at Philadelphia. In June,
1856, passed a resolution (in their platform) that the Federal Government ought to
render immediate and efficient aid in the construction of such a road, and also for the
construction of an overland wagon-road as preliminary. The Döuglas Wing of the
Democratic party at Charleston and Baltimore, in April and June, 1860, in their plat-
form, after declaring the necessity, said: “The Democratic party pledge such constitu-
tional Government aid as will insure the construction of a railroad to the Pacific Coast.”
The Breckenridge wing, at Charleston-Richmond, in April and June, 1860, after
pledging their party to the use of every means to secure the building of such a road, urged
the “passage of some bill to the extent of the constitutional authority of Congress.”
The Republican party, at its national convention at Chicago, in June, 1860, again
asserted the platform of 1856, with the additional clause that “preliminary thereto.
(constructing the Pacific Railroad) a daily overland mail should be promptly estab-
lished.”
The three Presidential candidates in 1856, Messrs. Buchanan, Frémont, and Fill-
more, wrote letters favoring the road. For political views of the different Presidents
on this subject, see messages of President Pierce, especially that of December 5, 1853,
on the question of the right or policy of Congress to incorporate in a State or Terri.
tory a railroad from the Atlantic to the Pacific, wherein he says: “I shall be dis-
posed, so far as my own action is concerned, to follow the lights of the Constitution
as expounded and illustrated by those whose opinions and expositions constitute the
standard of my political faith in regard to the powers of the Federal Government.”
See also messages of President Buchanan, 1857, &c.
In his message of December 6, 1858, President Buchanan speaks of the importance
of the road, and says: “It would be inexpedient for this Government to exercise the
power of constructing the Pacific Railroad by its own immediate agents.” *The
construction of this road ought, therefore, to be committed to companies incorporated
by the States,” and “Congress might then assist them in the work by grants of land
or money, or both, with conditions and restrictions as to transportation of troops and
munitions of war, free of charge, and the carrying of the mails at a fair price.” The
old system of grants of lands to States, leaving the State to incorporate companies to
build railroads, was the basis of the above arguments. .
President Lincoln's messages, 1861 to 1864, contained recommendations and sugges-
tions upon this subject.
THE CHARTER OF THE UNION PACIFIC RAILROAD.
The public having by petition evidenced their opinion to Congress, the Union Pacific
Railroad Company was incorporated by a direct act of the Congress of the United
States July 1, 1862. They were to build a railroad and telegraph line from the Mis-
souri River to the Pacific Ocean. This was a complete change in the system of land
bounties to aid in the building of railroads. The grant was direct to the corporation,
thus avoiding the established rule of using a State as a trustee and agent of transfer.
It had been fiercely contended prior to this that Congress could not create a corpora-
tion to do business in a State without the consent of the State. The company was
given right of way, allowances for shops, stations, &c., and in aid of construction
“every alternate section of public land,” by odd numbers, unless previously disposed
of, reserved, or mineral (coal and iron afterward construed not to be reserved by this
term), to the extent of five alternate sections per mile on each side of the road.
Bonds in aid of construction were to be issued. The route was to be laid out and
maps thereof to be filed (before definite location) with the Department of the Interior;
after the filing of maps the lands within fifteen miles of the road were to be withdrawn.
There was no indemnity provision in this law. Thus was inaugurated the system
of grants by Congress direct to corporations for railroad construction, which has re-
sulted in the incorporation by Congress, since July 1, 1862, of the Pacific Railroads,
as shown by the accompanying table. In some of these grants iron and coal lands
268 LAND GRANTS FOR RAILROADS.
are specifically granted; in others they are not. (See form of patent and acts grant-
ing lands for railroad purposes, and cessions of lands to States for railroads.) For an
interesting review of this subject see the chapter on “Land grants in aid of internal
improvements” (by Willis Drummond, jr.) in Maj. J. W. Powell’s “Report on the
-Lands of the Arid Region,” 1878; see also Poore's Railroad Manual, 1880, and Statutes
at Large. º
It was estimated that if the lands embraced in limits of grants to railroads to June
30, 1860, were all available, and that the corporations, State and National, built their
roads, and complied with the laws, it would require 215,000,000 of acres of the public
domain to satisfy the requirements of the various laws. The estimate of the General
Land Office in 1878 was that it would require 187,000,000 of acres, which in all prob-
ability will be reduced by actual selections, forfeitures, &c., to 154,000,000 of acres.
The present estimate is 155,514,994.59 acres.
REGULATIONS AND REFERENCES.
For full details respecting railroad grants, regulations governing the same, with
details as to survey, selections, verification of lists and proper certification, and
authentication of plats of survey &c., see Circular of Instructions, General Land
Office, November 7, 1879.
CoNSTRUCTION OF LAND-GRANT RAILROADS TO JUNE 30, 1880.
The reports of construction of land-grant railroads during the fiscal year ending
June 30, 1880, show an aggregate of 359 miles, which, taken with those previously
reported (viz, 15,071.14 miles), make a total of 15,430.14 miles of such roads, dis-
tributed as follows:
Miles.
In Alabama ----------------------------------------------------------- 822. 00
In Arkansas ----------------------------------------------------------- 620. 16
In California----------------------------------------------------------. 1,228.89
In Colorado------------------------------------------------------------ 298.00
In Dakota -------------------------- ------------ - - - - - - - - - - - - - - - - - - - - - - - 196. 00
In Louisiana----------------------------------------------------------- 152.00
In Michigan.--------------------------------- • * * * * * * * * * * e º ºs s sº sº e º ºs s as s e s as 1,005.00
In Minnesota.-------------------------------- * * * * * * * * * * * * * e s tº me • e < * * * * * * * 2,389.50
In Mississippi--------------- '• * * * * * * * * * * * * * * * * * * * * * * * * * * * * e e e sº as sº sº e s e s m ºn as 406. 00.
In Missouri ----------------------------------------------------------- 703. 00
In Nebraska------------------------------------------------------------ 832, 00
In Nevada ----------------------- -------------------------------------- 460.00
In Florida.------------------------------------------------------------- 247. 00
In Illinois.-------------------------------------------------------------- 705. 72
In Indian Territory.--------------------. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 155, 00
In Iowa-------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - 1,672.00
In Kansas.------------------------------------------------------------- 1,654.00
In Oregon-------------------------------------------------------------. 227.00
In Texas (where there are no United States lands, grants being made by -
State) --------------------------------------------------------------- 342.87
Utah------------------------------------------------------------------- 255.00 .
Washington ----------------------------------------------------------- 106.00
Wisconsin.-------------------- e º 'º - - - - ºn s sº sº * * * * * * * * ºr e º - - - - as as s m me • * * * * * * * * * 553. 00
Wyoming -------------------------------------------------------------- 400. 00
15, 430. 14
TABLE OF LAND GRANTS AND ESTIMATES.
The following statistical tables show the land concessions in aid of canals, railroads,
and military wagon-roads from 1824 to June 30, 1880:
§

*
Areas of land-grants for railroads to States and corporations by Congress, actually certified and patented, to June 30, 1880, with the year of grant, session of
Congress, and administration. .
f
* * Estimated acres necessary to com-
tº º e Acres patented e
Administration and Congress. Granted to State of Date. Name. * plete the grant, including acres
In IlllS gr or certified. already #: g
li - sºolm tral -
President Fillmore (1st sess. Illinois --------------- ept. 2 inois Central ----------------------------- tº gº tº tº ſº tº as a se m tº ºn
‘. Cong.). (lat sess num do --------------- Sept. 20 | Mobile and Chicago. ------------...----------------------- } 2, 595, 053.00 2, 595,053.00
Mississippi ---------- | Sept. 20 || Mobile and Ohio River ---------------------------------- 737, 130.29 31 156, 658. W3
Alabama ------. ------ Sept. 20 |.----- do-------------------------------------------------- 419, 528.44 ; --~~3 wºve
1852 Total.---------------------------------------------- 3,751, 711.73 3,751, 711.73
*) e
President Fillmore (1st sess. | Missouri. ------------. June 10 | Southwest Branch of the Pacific Railroad. -------------. 1, 161,204. 51 | 1, 161,205. 00
32d Cong.). ------ do ---------------| June 10 || Hannibal and Saint Joseph------------------------------ 603, 506. 39 603, 506.00
i853 Total.---------------------------------------------- 1,764,710.85 | 1,764,711.00
- Ji
President Fillmore (2d sess. |Arkansas ------------. Feb. 9 || Saint Louis, Iron Mountain and Southern ---------------| 1,115,408.41 | 1,415,408.00 See 1866.
82d Cong.). ------ do --------------- Feb. 9 || Little Rock and Fort Smith ----------------------------. 550, 520. 18 | 1,056, 378.00 See 1866.
* e º 'º ºp º ºs do --------------. Feb. 9 || Memphis and Little Rock ------------------------------- 127,238.51 141,845.00 See 1866.
Missouri.------------. Feb. 9 || Saint Louis, Iron Mountain and Southern ----------...--. 63,294.17 68, 540.00 See 1866.
Total.----------------------------------------------- 1,856,401.27 | 2,682, 171.00
1856 Total under President Fillmore ..... - - - - - - - - - - - - - - - 7, 372,883.85 | 8, 198,593 73
President Pierce (1st sess. | Florida --------------- May it Florida Railroad ...................--------------------- 281,984. 17 281,984.00
34th Cong.). ------ do --------------- May 17 | Florida and Alabama.----------------------------------- 165,688.00 165, 688.00
gº tº ſº tº ſº e do ... -----------. May 17 | Florida, Atlanta and Gulf Central----------------------- 37, 583.29 37, 583.00
gº º gº tº º is do ...............] May 17 | Pensacola and Georgia.---------------------------------| 1,275,212.93 | 1,275,212.00
Alabama ------------. May 17 | Alabama and Florida------------------------------------ . 394, 522.99 394,420.00
Iowa------------------ May 15 | Burlington and Missouri River ------------------------- 292, 172.80 389, 134.00 See 1864.
tº es sº º sº ºw do ............ -- || May 15 | Chicago, Rock Island and Pacific ----------------------- 482,094.36 645,307. 00 See 1864.
e s tº º ºs e do. -------------.] May 15 Cedar Rapids and Missouri River --------...--, ---------. 782,069.83 | 1, 156, 988.00 See 1864.
is tº gº tº ſº tº do ---------------| May 15 | Dubuque and Sioux City -------------------------------- 550, 467.96 552,000.00
gº sº º ºs º º do ...--...-...-- || May 15 | Iowa Falls and Sioux City------------------------------. 683, 023.80 683, 500.00
Alabama ------------- June 3 | Selma, Rome and Dalton . --...---------------------------- 457, 407. 37 460,700.00
tº º ſº tº º is do -------------, -l June 3 | Coosa and Tennessee------------------------------------ 67,784.96 68,000. 00
g º º tº tº º do ---------...----| June 3 || Mobile and Girard -------------------------------------- 504,145.86 505, 000.00
tº e º ºs º ºs do ...------------..! June 3 || Alabama and Chattanooga ------------------------------ 553, 581. 34 460,000.00
e sº e º s is do -----...--------| June 3 | South and North Alabama...------...-------------------. 433, 600.80 440, 000.00
tº e º º ºs se do ---------------| June 3 | Coosa and Chattooga ------------------------------------|--------------- 60,000.00
Louisiana ------ e s as as sº as sº June 3 | North Louisiana and Texas . . . . . . ---------- - - - - - - - - - - - - - 353,211.70 353,212. 00
* g º º Aº an do ..........-----| June 3 | New Qrleans, Opelousas and Great Western. ------------ 719, 193.79 719, 193.79
Michigan ------------- June 3 | Port Huron and Lake Michigan ------...--------...--...--. 37, 427.43 37, 428.00
Areas of land-grants for railroads to States and corporations by Congress, &c.—Continued. Nº
•J
& C
& - g ... 3- Estimated acres necessary to com-
- $. - Acres patented º y
Administration and Congress. Grant to State of Dato. cy cº- Name. •+$ plete the grant, including acres
gre | { J % * or certified. already patented. g
*1864. | & ſº
President Pierce (1st sess. | Michigan . . . . . . . . . . . . . June 3 || Jackson, Lansing and Saginaw -------------------------. 743, 000. 36 750, 000. 00 See 1871. 2.--
34th Cong.)—Continued. ------ do --------------. June 3 | Flint and Pere Marquette ------------------------------- 512, 337. 03 513,000.00
l- - - - - - do --------------. June 3 || Marquette, Houghton and Ontonagon ......... ---------. 437, 385, 00 552, 515.00 See 1865.
tº tº º sº tº º o ---. ----------| June 3 || 9 rand Rapids and Indiana.------------------------------ 629,093. 11 855, 000, 00 See 1864.
Wisconsin . --...-- . . . . . June 3 | Chicago, Saint Paul and Minneapolis . . . . . . . . . . . . . . .----. 474,913. 20 805,816. 00 See 1864.
* = & sº º e do ............... June 3 || Wisconsin Railroad Farm Mortgage Land Company -----| . 40,049, 11 40,049.00 b-
* = * * * * o . . . . . . . . . . . . . . . June 3 | Saint Croix and Lake Superior (see act of May 5, 1864) .. 524, 538, 15 843,000.00. See 1864.
&E tº e º & # do ........ . . . . . . . June 3 || Branch to Bayfield (see act of May 5, 1864) ---...-------. 318, 959. 41 565,000.00 See 1864,
as ºs º ºs ºs ºn do................ June 3 |Ghicago and Northwestern...............--------------- 545, 575, 76 £0,000.00 See 1864.
Mississippi. ---------. Aug. 11 | Yicksburg and Meridian -----------...--. ---------------. 198,027.82 200,000.00
* * * * * * * * ãº............] Kiš. ii | Gaifanishi Island..........................................] §§§ Q
Ed
Total.---------------------------------------------- 12, 505,959. 13 || 14, 559,729.79 *
1857.
President Pierce (3d sess. Minnesota . . . . . . . . . . . . . Mar. 3 | First Division Saint Paul and Pacific.- :::-...--...--...--. 466,403.48 1, 248,450.00 See 1865. H
34th Cong.). ------ do --------------. Mar. 3 | Western Railroad (formerly B. B. St. P. P.) .............. 436, 695, 16 815,000.00 See 1865. Cº.
tº tº gº º tº e do ---...----------| Mar. 3 || Minnesota Central :------------------------------------. 176,456.08 180,000.00 See 1865.
I------ do --------------. Mar. 3 || Win9ma and Saint Peter. -------------------------------- 341,563.48 1, 670,000, 00 See 1865. Hº:
tº tº gº tº ſº º do ...............] Mar. 3 || Saint Paul and Sioux City--------...--------------------. 959, 319.24 1, 205,000.00 See 1864, §
* Total.----------------------------------- - - - - - - - - - - - 2, 380, 437.34 5, 118,450.00 ºd
Total under President Pierce...... ------........... 14,886,396.47 19,678,179. 79 à
1862, sº -
President Lincoln (2d Bess. Corpºrtion * * * * * * = tº º ºs s. § : § £:#; successor to Western Pacific............ ... . . 424,727.58 |\ . . . . :
37th Cong.). -----. 0 - - - - - - - - - - - - - - - ODIT àCltiC - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - * * * * *
in Gong). Fº do -------------- ## 1 |&ºifºliº & act of jūiyº, isº.................. ###|}0,500,000.00 see 1864. $2
* * * = &º º do ............... July 1 Central Branch, Union Pacific (see act of July 2, 1864)... 187, 607.99 265,000, 00 See 1864. t
tº gº tº gº tº tº do --------...----| July 1 || Kansas Pacific (see act of July 2, 1864)------------------ 828,830.44 6,000, 000.00 See 1864. CA
• * * * * do ............... July 1 | Union Pacific (see act of July 2, 1864) ------------. ------| 1,859,474, 59 || 9,050,000.00 See 1864. e
Michigan ------------ ... July 5 Chicago and Northwestern.....-----. : - - - - - - - - - - - - - - -; - 517,914.15 520,000.00 See 1865.
, Iowa-----------------. July 12 Des Moines Valley Railroad( (confirming act of August 569, 001. 61 369,001. 61
8, 1846), old Des Moines grant to Iowa. -
Colorado-------------. July 1 || Denver Pacific.--------.--------------------------------|---------------- 800,000, 00 See 1864 and 1869.
Total.--------------------------------------------- 5,096, 418. 53 23, 504, 001.61
1863.
President Lincoln (3d sess. Kansas............ --. Mar. 3 || Atchison, Topeka and Santa Fé ------------------------. 2,474,686.47 2,995, 200.00
37th Cong.) ' º ºs º ºs sº es do --------------- Mar. 3 | Leavenworth, Lawrence and Galveston ... --------...----. *256,281.66 260,000.00
s m sº us gº ºs do ............... Mar. 3 || Missouri, Kansas and Texas ..................... -------| *658,068.13 660, 000.00 See 1864 and 1866.
Total (not deducting forfeits) ............... ----... 3,388,936.26 3,915, 200.00

§
Saint Croix and Lake Superior
Chicago, Saint Paul and Minne
Branch to Bayfield
Wisconsin Central
* * * * * * * * * * * *
Sioux City and Saint Paul
Saint Paul and Sioux City. ----
Lake Superior and Mississippi
Buliington and Missouri River
apolis--------- ("--------.
* * * * * tº tº gº º is gº as ºs º º sº s as tº as a s
a s a º º sº & sº sº tº dº º ºs sº sº sº sº º gº sº tº s as a s as
* * * - gº tº & gº º & & & º ºs º ºs º º ºs º ºs º º is sº tº
* * * * * * * * * * * * * * * * * * * * * * * * * *
Chicago, Rock Island and Pacific----------...-----------
Cedar IRapids and Missouri River
Grand Rapids and Indiana
Burlington and Missouri River
Sioux City and Pacific
Northern Pacific . . . . . . . . . . . . . .
Central Pacific
Denver Pacific
Missouri, Kansas and Texas . .
Central Branch Union Pacific .
Kansas Pacific
Union Pacific
* * * * * * * * * * * * * * *
Chicago and North Western. --
* * * * * * * * * * * * * * * * * * * * * * * * * *
e is sº e sº sº as tº a tº gº è as º º ºs º tº sº tº º ºs º is tº º
* * * * * * * * * * * * * * * * * * * * * * * * * *
sº e < * * * * * *. º. º. ºº is gº & º ºs º is a s m = nºs gº tº
* * * * * * * * * * * is e º e º sº e º a º ºs gº tº & tº
* * * * * * * * * * * * ºn e º º ºs e º sº gº tº e º is e
Marquette, Houghton and Ontonagon (see act June 3,
Chicago and Northwestern (see act July 5, 1862)- - - - - - - - -
Bay De Noguet and Marquette
Western Railroad
s sº * * * * * * * * * *
First Division Saint Paul and Pacific
President Lincoln (}st sess.
38th Cong.).
º
President Lincoln (2d sess.
38th Cong.).
President Johnson (1st sess.
39th Cong.).
* e º se
* * * * * *-*** * * * *
s' ºs & sº
Ransas
& E sº gº º ºs º ºs º º ºs
º- º & º nº º & E * * *
& s as sº s. s = * * * *
* * * * * * * * * * =
* * * * * * * * * * *
Michigan -------------
s º dº sº.
tº sº º ºs º ºs
gº º tº º
tº sº sº * > * * * * * *
* * * * * * * * * * *
May 5
May 5
May 5
May 5
May 12
May 12
May 12
May 5
June 2
June 2
June 2
June 7
July 2
July 2
July 2
July 2
July 2
July 1
July 2
July 2
July 2
1865,
Mar. 3
Mar. 3
Mar. 3
Mar. 3
Mar. 3
Mar. 3
Mar. 3
Mar. 3
1866.
July 4
July 4
July 25
July 25
July 25
July 25
July 27
July 28
July 28
July 28
July 28
* * * *
* * * * * * * =
* * * * * * * * * * * * * * * *
& ſº º ºs º 'º º is ºr * g º sº, sº e º 'º
1856.
Minnesota Central
Hastings and Dakota. --------.
* * * * * * * * * * * * * * * * * = e g = e º ºs ºs
* * * * * * * * = as s sº sº tº sº s º º ºs
* * * * * g º ºs º ºs º º te ºn tº sº sº tº gº º ºs º ºr sº ºn e
* * * * * * * * * * * * * * * * * * * * * * * * º ºs
* * * * * * * tº e º 'º º ºs º ºs º g is sº gº as
Oregon Branch of the Central Pacific............... . . . .
Missouri River, Fort Scott and
Oregon and California. --------
Atlantic and Pacific. . . . . . ... --
Southern Pacific
Little Rock and Fort Smith...
Memphis and Little Rock. --..
Saint Joseph and Denver City
Gulf---------------------
s sº se s as ºr ºr as as sº s = º e s as gº s ºs s. s sº e s sº e
* * * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * = * * * * * * * * * * * * * s
tº ºn tº sº e º ſº sº e º sº º ºs & e º ºs p is ºr g g s as as as
* * * * * * * * * * * * * * * * * * * * * * * * * *
575, 844. 56
138,284.69
396, 998. 80
241, 038.77
860, 564. 09
96, 646. 55
161,212. 81
358,423.70
222,967. 01
2, 374,090.77
41, 318.23
746, 509. 52
& sº tº e º ºs º gº tº e sº º sº as
ge ºs ºn sa º sº * * * * * * * *
750,000.
350,000.
400,000.
gº º gº º gº ºs º ºs & º ºx * * *
s & e º ºs s ºr sº ºr e º ºr tº gº
gº tº dº e º sº gº gº º ºs º ºs º º
* * * * * s sº is ºs s = s. s is
is sº º ºs º is ºe as * * * * * *
2,441,000.
45,000.
42,000,000.
6, 213, 899. 50 || 46,848, 600 00
<-- tº tº º gº 128,000.00 | 128,000.00
222, 649. 57 - - - - - - - - - - - - - -
784, 642. 66 --- - - - - - - - - - - -
3,279.98 |.-------------
1, 326,444. 42 |-------------.
2,465, 016.58 128,000.00
17, 164,270.87 || 74,395,801 61
454,956.86 500,000.00
225, 178.66 350,000, 00
1,338,039. 27 | 2, 127,000.00
21, 341.77 21,341.77
323, 148.68 || 2, 500,000.00
504,536.60 22, 672,000.00
952, 597.00 5, 260,000.00
207,681.08 ||--------------
866, 196. 26 ||--------------
461, Šiš.24 || 470,956.00
#
* The two last grants forfeited by act of Congress, and lands placed in public domain.
See Wisconsin, 1856.
Do.
Do.
See Minnesota, 1857.
See Iowa, 1856.
Do.
Do.
See Michigan, 1856.
See co
See Colorado, 1862.
See Kansas, 1863.
See corporation, 1862.
Do.
Do.
See Wisconsin, 1856.
See Michigan, 1856.
See Michigan, 1862.
See Minnesota, 1857.
0.
See Arkansas and
Missouri, 1853.
See Arkansas, 1853.
oration, 1862.

§
Areas of land-grants for railroads to States and corporations by Congress, &c.—Continued.
- Estimated acres necessary to com-
Administration and ~4. Granted to State of | Date. Name. *ººd plete the grant, including acres
g already patented.
1866. s
President Johnson (1st sess. | Missouri.............. July 4 || Saint Louis and Iron Mountain -------------------------|---------------. 100,000.00
39th Cong.)—Continued. Kansas --------------. July 26 Missouri, Kansas and Texas---...------------------------|----------------|-----...-...--. See Kansas, 1863.
1869 Total.---------------------------------------------- 4, 970,295.61 | 34,001,297.77
*:::::::: J* (3d sess. | Corporation....... - ..] Mar. 8 Denver Pacific.......................................... 49, 811. 59 |---------...-- e See Colorado, 1862.
Ong. &
1870 Total under President Johnson --.................. 5,025, 107.20 | 34,001,297.77
President Grant (2d sess. Corporation .......... May 4 Oregon Central.-----------------------------------------|---------------- 1,000,000.00
41st Cong.) 1871. -
President Grant (3d sess. | Minnesota............ Mar. 3 | Saint Vincent (extension of Saint Paul and Pacific) . . . . . 780,291.75 | 1,500,000.00
41st Cong.). Corporation ---------- Mar. 3 || Branch Line Southern Pacific. . . . . . '- - - - - - - * * * * * * * * * * * * * * 95,493. 65 2, 500,000.00
Michigan ---. ---...-. Mar. 3 || Jackson, Lansing and Saginaw. -------------------------|----------------|---. -------- See Michigan, 1856.
1,000,000.00
Corporation .......... Mar. 3 | Texas Pacific -------------------------------------------|-------------- 2,000,000.00
- 10,000,000.00
Louisiana------------- Mº, 3 || New Orleans, Baton Rouge and Vicksburg. - - - - - - - - - - - - -]. -- - - - - - - - - - - - - - 903, 218.00
72.
Fº grant (2d sess. | Michigan......... ---. May 23 | Chicago and Northwestern. ------------------...--....... 327, 903. 69 327,903. 69
d Cong.). - -
Total under President Grant.....º.º...... 1, 203,689.09 || 19,231,121.69

LAND GRANTS FOR RAILROADS.
273
IRECAPITULATION.”
A cres pat-
Administration and Congress. . #: orcer- || Acres granted.
00.
1850–President Fillmore (1st sess. 31st Cong)........................ 3,751,711.73 3,751,711.73
1852.—President Fillmore (1st sess. 32d Cong.) -----------------------. 1,764,710.85 1,764, 711.00
1853.-President Fillmore (2d sess. 32d Cong.) ------------------------. 1,856,461.27 2,682, 171.00
Total under President Fillmore -----------------------------. 7, 372,883.85 8, 198, 593.73
1856–President Pierce (1st sess. 34th Cong.)-------------------------. 12, 505,959. 13 || 14, 559,729.79
President Pierce (3d sess. 34th Cong.) -------------------------- 2,380,437. 34 5, 118,450.00
Total under President Pierce--------------------------------- 14,886,396.47 19,678, 179. 79
1862.—President Lincoln (2d sess. 37th Cong.) ----------. tº º ºn tº º ºs e º 'º º e º tº 5,096,418.53 23, 504, 001.61
1863.-President Lincoln (3d sess. 37th Cong.). ---...--...--...-...-----. ..] 3,388,936.26 3,915, 200.00
1864.—President Lincoln (1st sess. 38th Congº) -----------------------. 6,213,899.50 46,848, 600.00
1865.-President Lincoln (2d sess. 38th Cong.). ------------------------ 2,465, 016.58 128,000.00
Total under President Lincoln.------------------------------ 17, 164,270.87 74, 395, 801.61
1866–President Johnson (1st sess. 39th Cong)......-- tº º º tº tº e º ſº tº e º E tº º º ºs 4, 970,295.61 34,001, 297.77
1869.-President Johnson (3d sess. 40th Cong.) ---...-------------------. 49, 811. 59 |----------------
Total under President Johnson......... - e º 'º e º us tº tº s - * > e º e º e º sº tº 5,020, 107.20 34,001,297.77
1870-President Grant (2d sess. 40th Cong.) --------------------------|---------------- 1,000,000.00
1871.-President Grant (3d sess, 41st Congº)--------------------------- 875,785.40 17,903, 218.00
1872.-President Grant (2d sess. 42d Cong.).------------------........ . 327,903. 69 327,903. 69
Total under President Grant.............. & = & & sº m º º º' - we s e º ºs º º ºs m. 1,203,689.09 | 19,231, 121.69
Grand total -------------------------------------------------. f45,647, 347.48 155, 504, 994.59

*This statement includes some forfeited grants.
f'The grand total as given by General Land Office is 45,650,026.33.
18 L O—WOL III
Statement showing grants of lands for railroad and military wagon-road purposes, States, date of law, mile limits, and acres certified amd patented, and all land sº
concessions by acts of Congress to States and corporations for railroads and military wagon-road purposes, from the year 1850 to June 30, 1880. H-
º -
*" Number of
Tinabòr O
- - acºrtiºd |aja
state"; *P* |Date of laws. 3 Name of road. - Mile limits. ; º or patented
Oſlº, 5 § ciº up to June 30,
3 || 3 º June 30, 1880. 1880.
Ú/2 P4 - - . *
Illinois .----....... Sept. 20, 1850 9 466 Illinois Central.---------------------------------------------------------------- 6 and 15 -
Do. -----------. §: 20, 1850 | 9 || 466 || Mobile and Chicago .................................... * * * * * * * * * * * * * * * * * * - - - - - - 6 and 15 } tº dº is nº tº gº tº º ſº º ºs º is & 2,595,053.00 tº
Mississippi . . . . . . . . Sept. 20, 1850 9 466 | Mobile and Ohio River ---------------------------------...----------------..., is s 6 and 15 l---------------- *737,130.29 P-
Do--------...--. Aug. 14, 1833 || || | | | Yiğsburg and Meridian ------------------------------------------------------. 6 and 15 1.--------------- 198,027.82 3
Do------------- Aug. 11, 1856 || 11 80 l Gulf and Ship Island.---------------------------------------------------------. 6 and 15 ---------------- tº º ºs º ºs º is is as sº e s tº s ºr *
Alabama. ---------- Sept. 20, 1850 9 466 Mobile and Ohio River................................. -----------------------. 6 and 15 |---------------. 410,528.44
Do. -----------. May 17, 1856 | 11 | 15 Alabama and Florida........................................................... 6 and 15 -------. ------ §§§ 3
Do. -----------. Tune 3, 1856 || 11 | 17 | Selma, Rome and Dalton --------------...--------------..............--------. 6 and 15 ---------------. §§§ 3
Do. ------------ May 23, 1872 17 | 159 || Act confirming lands heretofore certified to the State for the Alabama iii; %
Tennessee Railroad. . H
Do------------. June 3, 1856 || 11 17 | Coosa and Tennessee----------------...---------------------------------------. 6 and 15 |---------------- tºº, 784.96 ºf
Do. -----------. June 3, 1856 11 17 | Mobile and Girard ------------------------------------------------------------. 6 and 15 ---------------- #504,145.86
Do.-----------. June 3, 1856 11 17 | Alabama and Chattanooga ------------------------------..................... ; 6 and 15 1,025.90 553,581. 34 H
Do.-----------. Apr. 10, 1869 16 45 || Act to renew certain grants of land to the State of Alabama.................. - - O
Do.-----------. June 3, 1856 11 17 | South and North Alabama ...----...--...-----..............--...--------.. • - - - - 6 and 15 ---------------- 433,600.80 Ed
Do. -----------. Mar. 3, 1857 | 11 || 200 || Act amending the sixth section of original act.................... . . . . . . . . . . . . ; *
Do.-----------. Mar. 3, 1871 | 16 || 580 || Act to renew certain grants of land to the State of Alabama............ . . . . . . º
Florida ............ May 17, 1856 | 11 | 15 | Florida Railroad.---------------------...--...--...-------------------------------- 6 and 15 l---------------- 281,984. 17 ×
Do.............| May 17, 1856 | 11 15 | Florida and Alabama. ---------------------------------------------------------- 6 and 15 ||---------------- 165, 688.00 -
Do.-----------. May 17, 1850 | 11 | 15 | Pensacola and Georgia -...-------........................... . . . . . . . . . . ... ------. 6 and 15 |---------------- #1,275,212.93 E.
Do. ------------ May 17, 1856 11 15 | Florida, Atlantic and Gulf Gentral............................ * - - - - - - - - - - - - - - > - - 6 and 15 |---------------- 37, 583.29 ºd
Louisiana-...-----. June 3, 1856 11 18 | North Louisiana and Texas ---------------------------------------------------- 6 and 15 |---------------- 353,211.70 O
Do------------. June 3, 1856 11 18 New Orleans, Opelousas and Great Western-...----...---- - - - - - - - - - - - - - - - - - - -. 6 and 15 --------------- : f715,193.73 °.
Do------------ July 14, 1870 16 277 A: ºft ºited to the United States all the lands not lawfully disposed ; ;
of by the State. *
Arkansas.......... Feb. 9, 1853| 10 | 155 | Saint flouis, Iron Mountain and Southern.................................... 6 and 15 - - - - - - - - - - -----. 1, 115,408.41
Do------------- July 28, 1866 14 || 338 |...... do----------------------------------------------------------------------- ; Additional 5 - - - - - - ---------. 207,681.08
Do------------- May 6, 1870 16 || 376 | Resolution extending the time for completion of first twenty miles of road ... $
Do------------- Feb. 9, 1853 10 | 155 | Little Rock and Fort Smith.-----...---------------------------------- - - - - - - - 6 and 15 - - - - - - - - - - - - - - - - 550, 520. 18
Do. ------------ July 28, 1866 || 14 || 338 ...... do... ------ * ~ * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Additional 5 ||---------------- 366,196, 26
Do. ------------ Apr. 10, 1869 | 16 46 || Act extending time for completion of twenty miles of road. -----------...----.
Do------------- ar. 8, 1870 | 16 || 76 || Actre ; #. in act of April 10, 1869, as to mode of sales of land - - -
Do------------- Feb. 9, 1853 || 10 | 155 Memº is and Little Rock -----------------------------------------------------. .6 and 15 ---------------- 127,238.51
Do------------- July 28, 1866 14 || 338 |...... 0------------------------------------------------------------------------- Additional 5 ||---------------. 14,606. 19
Do. ------------ July 4, 1866 14 83 | Saint Louis and Iron Mountain.................. ---------------- s • * * * * * * * * * * * * ~ * 10 and 20 ----------------|----------------
Missouri........... June 10, 1852 10 8 | Southwest Branch of the Pacific Road........................................ 6 and 15 |-------- tº U. º. º º is sº e 1, 161,204, 51
Do------------- June 5, 1862 | 12 422 Act extending the time for completion of road ten years------------------...-.
Do............. June 10, 1852 10 8 Hannibal and Saint Joseph. ---------------...--------------------------......... 6 and 15 ---------------- 603, 506. 34


§
• - - as as we - e. g. as tº tº º
• * * * *e º 'º es s = * * *
* - - tº se - - - - e º - *-
• * * * * * * * * * * * *
• * - s = e tº - sº me sº - *
May 12, 1864
May 12, 1864
June 3, 1856
Mar. 3, 1879
June
June 3, 1856
Feb. 17, 1865
July 3, 1866
Mar. 3, 1871
June 3, 1856
June 7, 1864
Mar. 3, 1865
* * g º º & º ºs s tº º sº w dº º sº sº º Aº & ºw º sº & 4- tº º ºs tº º sº ºn tº dº
Burl º and Missouri River
* * * - - - (10
Resolution extending the time for completion of road
• a s tº a e º e s as e s s = * * * * * * * s as * * * * * * * * > * as ºn tº s vs ºn a s s m tº as as is e º - e s a - e º sº *
Chicago, Rock Island and Pacific --------------------------------
• e a tº e º ºvº • * * * * * * s a • - * * * * * * * * * * * * * * * * * * * * * * * * * g e - e º ºs ºs º ºs • * * * * * * * * * * *
Dubuque and Sioux City----------------------------------------
Act authorizing said road to change its line - - - - - - - - - - - - - - - - - - - - -
Act extending the time for completion of road to January 1, 1872
Iowa Falls and Sioux
• * * * * *s wºn in a s = * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s s - ºr e = * * * * * * * * * * *
Sioux City and Saint Pa
States in and to certain lands in the State of Michigan.
Jackson, Lansing and Saginaw &
* * * - - - * * - - - s - - - - s - - - - s - - - - - - - - * * *
Act extending the time for completion of road seven years, &c..
Act extending the time for completion of first twenty miles of road
Act authorizing change of northern terminus from Traverse Bay to Straits of
Mackinac, and for other purposes.
Flint and Pere Marquette
Resolution extending time for completion of road . . . . . . . . . . . . . . .
Act authorizing the company to change its westera terminus of road
Act extending time for completion of road five years ............
Grand Rapids and Indiana ...----. ----...----------... --...--...-
Grand ; and Indiana, from Fort Wa
Act exten time for completion of road eight years ..........
- - º 'º - - - º 'º - - - we - - - - e º - - - - - - - ºr sº º - - sº sº - - - e º - - - tº º - - - tº º - - - sº tº - - - - - - - - - - - - sº tº º - ºn tº º -
• - as sº e º 'º as as tº - a se tº º - a s gº tº a tº sº tº e - e s = - * * * * ~ * * * * - & s me tº - we as ºn tº
- * * * * - º ºs = - - - tº
- e s sº - - as º e º - as s
* * * * * * * * * * * * *
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s e º an e s m e º 'º sº a we sº e s is an e s sº º ºs as º ºs º - sº e s = - m = a -
• * G s sº * * * * * * * *
• e º sº me • * * * * * * *
City------------------------------------------------------
* * us s = - a s e - - - tº
• e º ºs e º 'º gº as a - a s
- * * - - - * * - - - * * - - - is º - - - sº º – - * * * - - a tº - - - tº * - - - * * - - - - - - - - - - -
Port Huron and Lake Michigan.----...--...------------...--...--
Joint resolution releasing the reversionary claim and interest of the United
- * * * * * - - - s
• * *s tº º -> * * * * * * *
• * * * * * * * * *
- * * * - - - e.
ne, Ind., to Grand Rapids . . . . . . . .
- * tº e º - * * * * * * *
oughton and Ontonagon Railroad Company to resurvey
arquette -------------------------------------------------
Do-------------
Do------ tº- tº º tº ſº. * &
Do-------------
Iowa -------------.
Do----, --------
Do. ------------
• * * * * * * * * * * * *
* * * * * * * * * * * * *
• - as sº e º sº e s s º - *
• * * * * * * * * * * - e.
• - - - - - - - - gº - - -
Feb. 9, 1853
July 28, 1866
July 4, 1866
May 15, 1856
June 2, 1864
Feb. 10, 1866
May 15, 1856
Jan. 31, 1873
June 15, 1878
y
May 15, 1856
June 2, 1864
Mar. 2, 1868
May 15, 1856
3, 1856
3, 1866
2, 1867
3, 1871
May 20, 1868
Apr. 20, 1871
Mar. 3, 1865
July 5, 1862
Mar. 3, 1865
May 23, 1872
June 2, 1864.
521
620
520
160
• sº e º ºs e A. "… • * * * * * * * * * * * s m = * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Resolution extending time for completion of road, &c.
Act authorizing the
and locate anew a
Bay de Noquet and
Chicago and Northwestern ------------------------------. ------.
e s sº ºn - * *-ºw - as sº as a - tº sº me • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * ~ * e s tº
art of its road.
* * * * * * * * * * * * *
- - sº º - - - º sº tº - - º
* * * * * * * * * * * * *
* * * * * * * sº e < * * *
6 and 15
Additional 5
10 and 20
6 and 15
20
6 and 15
20
6 and 15
20
6 and 15 ||
6 and 15
5
10 and 20
10 and 20
6 and 15
6 and 15
6 and 15
6 and 15
6 and 20
6 and 15
20
200 sections
6 and 15
20
6 and 15
* g º ºs º º is º ºr e º as as * * *
• tº es e º 'º e º 'º - s e s - - *
º ºg ºr e - w is an ºr a * * * * * *
* * * * * * * * * * * * * * * *
* * * * ~ * gº º a ºn tº º 'º º tº º
- gº º cº - - e º 'º - - * * * * *
• * * - - - º e - - - - - - - -
• as me • - e s a s - tº e s - * *
s' as - a tº sº tº e º ºs e s - a s sº
e - - - & E → * * * * - - - sº e
202, 170.80
96,646, 55
482,094.36
161,212.81
782,069.83
358,423.70
550,467.96
683,023.80
369,001.61
138,284.69
396, 998. 80
37, 427.43
743,009. 36
512,337.03
629,993. 11
322,967.01
437, 385.00
128,000.00
517,914.15
327, 903. 69
*In the adjustment of this grant, the road was treated as an entirety, and without reference to the State line; hence Alabama has approved to her more and Mississippi
less land than they would appear to be entitled to in
t No evidence of the construction of any part of
but the lands have not been restored to the mass of public lands, Congress having taken no action to that end.
Lands earned by the construction of eighty miles of road prior to June 3, 1866, 51,452.03 acres.
#
Lands within the limits of New Orleans, Baton Rouge and Shreveport Railroad grant of March 3, 1871, 227,879.94 acres,
Lands restored to market March, 1873, under the act of July 14, 1870, 439,861.82 acres
º. to the length of road line in the respective States.
these roads, as required by the acts, having been filed in the General Land Office, the grants are presumed to have lapsed,
;
Land concessions by act of Congress to States and corporations, &c.—Continued.
Number of
States or corpora- si "...ºfd a:#d
ºp Date of laws.] § Name of road. Mile limits. jº.”. or patented
x E § -- ciº up *...* 30,
# | # Jußso. *
Wisconsin......... June 3, 1856 11 29 Chicago, Saint Paul and Minneapolis, formerly the West Wisconsin.......... 10 and 20 !---------------- 474,913. 20
Do------------- May 5, 1864 || 13 | 66 |...... do----------------------------------------------------------------------- -
Do. ------------ Mar. 8, 1873 || 17 | 684 || Act to quiet the title to the lands of the settlers on lands claimed by the West
Wisconsin Railway Company.
Do------------- June 3, 1856 || || || 3 || Wisconsin Railroad Farm Mortgage Land Company.--------- - - - - - - - - - - - - - - - - ?!--------------|------------ - - - - 40,049. 11
Do. ------------ July 27, 1868 || 13 || 238 || Act amendatory of the original act...........................................
Do. ----------- June 3, 1856 | | | ?? | Saint Croix and Lake Superior ----------------------------------------------- 6 and 15 1..... tº º is as º ºs º ºs e º sº 524, 538.15
Do. ------------ May 5, 1864 || 13 | 66 |...... O- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10 and 20
Do.-----------. June 8, 1856 | # | }} | Branch to Bayfield.--------------------...--------...-------................. } 6 and 15 l---------------. 318,959. 41
Do. -----------. May 5, 1864 || 13 | 66 |...... O. - - - - * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * g is ºs º a dº º ºs º a gº º ºs s m as sº º ºs º º is a s = ºn s sº s is 10 and 20
Do. -----------. June 8, 1858 | }} | .3% Chicago and Northwestern.------------------------------------------------- 6 and 15 ---------------- 545, 575.76
Do. -----------. Apr. 25, 1862 | 13 | 913 | Resolution authorizing change of route in Wisconsin, &c.................... -
Do. -----------. ar. 3, 1865 | }} | 3:0 || Act extending time for completion of road five years.........................
Do. -----------. Mar. 3, 1869 || 3 || 3% | Authorizing selections of lands along the full extent of original route of road
Do............. May 5, 1864! 13 | .96 | Wisconsin Central........................................................... 10 and 20 29, 398.51 575, 844.56
Do. -------...--. June 21, 1806 || 14 || 360 | Resolution explanatory of the act of May 5, 1864, and authorizing certain gº
changes of width, in accordange with the act of the State legislature.
Do. -----------. #: 9, 1874 || |8 | .28 || Act to extend the time for completion of road to December 31, 1876 ..........
Minnesota......... ar. 3, 1857 | | | 195 | First Division Saint Paul and Pacific......................................... 6 and 15 1.--------------- 466,403.48
Do. -----------. Mar. 3, 1865 #| 3 |...... ClO- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ; 10 and 20 2,597.26 784, 642.66
Do...-...----. Mar. 3, 1873 || 7 || $1 | Act extending time for completion of road nine months.....................
Do.-----------. Mar. 3, 1857 || || || 135 | Western Railroad, formerly Brainard Branch Saint Paul and Pacific......... 6 and 15 ---------------- 436,695. 10
Do------------. Mar. 3, 1865 13 526 |...... O- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10 and 20 *121,502. 31 #222,649. 57
Do. -----------. July 12, 1862 | 12 || 624 Rºn authorizing the State to change the branch line under certain con- ſº
itløIAS.
Do------------ Mar. 3, 1871 | 16 588 || Saint Vincent Extension Saint Paul and IPacific, south terminus changed from 10 and 20 |---------------- 780,291.75
Crow Wing to Saint Cloud. tº: -
Do. -----------. Mar. 8, 1873| | | | | Act extending time for completion of road nine months......................
Do. -----------. June22, 1874 18 393 || Act extending time for completion of road to March 3, 1876, &c............ '• * *
Do.-----------. Mar. 8, 1857 | 14 | 199 || Minnesota Central -----------------------------------...----------------...-. 6 and 15 } tº s m n sº ºn tº s p * tº º ºs & 176, 456.08
Do. ---...------- Mar. 3, 1865 | * | * i------do.---------------------------------------------------------------------- ; 10 and 20 $.............. 3,279.93
Do. ------------ Mar. 3, 1857 | }} | {{{3| Winona and Saint Peter ...------------..........---------------------------. 6 and 15 ---------------. 341,563.48
Do. -----------. Mar. 3, 1865 || 13 520 |...... O- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10 and 20 2, 929. 52 1, 326,444.42
Do.------------ July 13, 1866 || 14 97 || Act allowing selections within twenty miles of road in lieu of lands sold after
definite location but prior to withdrawal, &c.
Do. -----------. Jan. 13, 1873 || 17 | 409 || Act extending the time for completion of road.--------...----...............
Do. --...------. Mar. 3, 1857 | | | 195 | Saint Paul and Sioux City.--------------------.......................-----. 6 and 15 } as sº t e º s e s tº as tº es º º 959, 319.24
Do------------. May 12, 1864 13 74 |... . . . 0 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ; 10 and 20 508, 94 241, 038.77
Do. -----------. July 13, 1866 14 97 Act extending the time for completion of road seven years...................

É
4, 1866.
14
594
* Includes 35,685.49 acres of the º;”
- - - - - - - * * * * * *
May 5, 1864
July 13, 1866
3, 1877
July 1, 1862
July 2, 1864
July 3, 1866
July 26, 1866
Apr. 10, 1869
6, 1870
7, 1878
6, 1870
7;1878
1, 1862
2, 1864
3, 1865
May 21, 1866
f Includes 89,383.87 acres here
Dubuque and Sioux City Railroad, situate
Supreme Court in the case of W
Act authorizing the railroad company t
thirty miles of west line of road.
Act authorizing change of route of bran
Atchison,
Union Pacific
Act authorizing location of Union Pacifi
Besolution for the
roads,
Besolution for the
tral Pacific and
Act fixing the point of junction of the C
roads.
to the
the city of Sacramento.
Resolution extending the time for compl
?
in the old Des Moines River grant, of Au
olóott v8. Des Moines Company (5 Wallace, 681).
Lake Superior and Mississippi ---...----------------------...----------------. }
Southern Minnesota.-----------------------------------------------------------
Hastings and Dakota.----------------------------------------------------------
Leavenworth, Lawrence and Galveston ---...--------------------------------- |
Act authorizing the company to Telocate a portion of its road.--------...----.
Act declaring a portion of the grant forfeited
Missouri, Kansas and Texas...... --...--------------...---------------...------.
Act extending grant from Emporia to a point near Fort Riley ;
Act making grant from Fort Riley to the southern boundary of the State....
opeka and Santa Fé. ....---------- • * * s e s = e º 'º - - - e º ºs s gº º º - - - - - - * s e s s m =
Saint Joseph and Denver City.-------------------------------------------------
Missouri River, Fort Scott and Gulf. ---------------------...--------...-------
An act to secure the rights of settlers upon certain railroad lands, and to re-
peal the first five sections of an act granting lands to the State of Kansas to
aid in the construction of the Kansas and
Union Pacific from Omaha, Nebr., to a point near Ogden, in Utah Territory...
s = * * * * * - - - - - * * * * * * * * * * * * * s sº * * * * * * * * * * s = * * * * * * * * * s = e = * * * * * * * * s s as s
Resolution granting right of way through military reserve, &c.. ------------.
rotection of the interests of the United States in the
Dnion Pacific and Central Pacific Railroads, and providing that the common
terminus of the road shall be at or near Ogden,
Act *g the point of junction of the Union Pacific and Central Pacific Rail-
ČC. -
| An act amendatory of the acts of July 1, 1862, and July 2, 1864. --...--...------.
Central Pacific .... --- • * * * * * * * * * * - - - - - - - - - - - - - - - - - - - - * * * * * * * * * * * * * * * * * * * * * * = = • º
O
An act authorizing location of Central Pacific Railroad eastward
rotection of the interests of the United States in the Cen-
nion Pacific Railroads, and providing that the common
terminus of the road shall be at or near Ogden, Utah Territory, &c.
An act amendatory of the acts of July 1, 1862, and July 2, 1864
Central Pacific, successor by consolidation with Western Pacific
Central Pacific. --------------------------------------------------- - - - - - - - - - - - -
Act ratifying the assignment made by the Central Pacific Railroad Company
estern Pacific Railroad Company of that portion from San José to
of Western Pacific Railroad upon certain conditions. J
10 and 20
o make up deficiency of land within
10 and 20
10 and 20
10 and 20
ch line -----------------------------.
- - - gº º ºs º ºs - - - - - - - - & & e º 'º - - - - - - e º ºs º º 10 and 20
10 and 20
10 and 20
19 and 20
eosho Valley Railroad, &c.
10
20
c Railroad from Omaha westward -- . ſ.
tah Territory, &c.
10
20
* * - - - - - - - as º ºs s sº - - - - - - - sº sº se e - - - - - - - - * * * *
entral Pacific and Union Pacific Rail-
10
20
etion of first section of twenty miles
169,553. 12
55,387. 85
860, 564.09
454,956.86
225, 178.66
1256,281.66
f058,068.13
2,474,686.47
461,813, 24
21, 341.77
1,859,474.59
708,862. 17
424, 727. 58
Rock Island and Pacific Railroad; 109,756.85 acres of the Cedar Rapids and Missouri River Railroad, and 77,535.22 acres of the
gust, 1846, which amounts are a loss to the roads, by the decision of the United States
tofore certified to the State of Minnesota for the Brainard Branch.
# Includes 186,936.72 acres of the Leavenworth, Lawrence and Galveston Railroad, and 260,425.35 acres of the Missouri, Kansas and Texas Railway, situated in the “Osage
ceded reservation.” which amounts are a loss to the roads, by the decision of the United States Supreme Court at its October term, 1875.
#
Land concessions by acts of Congress to States and corporations, &c.—Continued.
*** *
Number of
e - - acres certified a:d
States or corpora. |Date of laws. § Name of road. Mile limits. | }.}. or parented
tions. |E 6 O di * up to June 30,
# # Jºsso 1880,
&A) PH Ulne &O, &
Corºnations * tº º ºs º is tº July 1, 1862 | 12 || 489 | Central Branch, Union Pacific. --...--------------------------------------------. 10 } .
O- - - - - - - - - - - - - July 2, 1864 || 13 || 356 |...... O- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 20 1,154.71 187, 607.99
Do------------- July 1, 1862 12 489 | Ransas Pacific --------------------------------------------------------------- 10
Do.------------ July 2, 1864 || 13 356 |...... do.. - - - - - - - - - - - - : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , ; ; - - - - - - - - - - - ::::- - - - - - - 20 12 950. 43 828,830.44
Do------------- July 3, 1866 || 14 79 || Act requiring the company to designate route before December 1, 1866.......
Do------------- May 7, 1866 || 14 || 355 | Resolution extending time for completion of road. -----...------...-------------
Do.-----------. Mar. 6, 1868 15 39 || Act restoring the even-numbered sections on line of Pacific railroads and
branches, at $2.50 per acre. >
Do------------- Mar. 3, 1869 || 15 || 324 || Act extending the Union Pacific Railway, eastern division, line of road to
Denver City, and authorizing transfer of lands by said company to the Den-
wer Pacific Railroad º between Denver and Cheyenne.
Do------------- Mar. 3, 1869 15 348 Resolution authorizing the Union Pacific Railway Company, eastern division,
to change its name to Kansas Pacific. *
Do------------- Mar. 3, 1869 || 15 324 Denver Pacific ......-------------------------------------*- - - - - - - - - - - - - - - - - - - ; 20 l.--------------- 49, 811.59
Do.------------ June 20, 1874 18 111 || Act making additions to the fifteenth section of the act approved July 2, 1864.
Do------------- July 2, 1864 || 13 || 364 | Burlington and Missouri River ---...-- - ------------------------------------- 20 sections 1---------------. 2,374,090.77
Do------------- May 6, 1870 16 || 118 || Act authorizing the change of route and connection with the Union Pacific per mile.
- - Railroad at or near Fort Kearney. - o
Do. ------------ July 2, 1864 13 || 363 | Sioux City and Pacific.--------------------------------------------------------- 10 !---------------. 41, 318.23
Do. ------------ July 2, 1864 13 365 | Northern Pacific . . . . . . . . . . . . . * * * * * * * * * * * * * * * sº s º º sº * * * * * s • * * * * * * * * * * * * * * * * * * * * | | States, 20,30, 3,016.08 746, 509. 52
Do------------- May 7, 1866 || 14 || 355 | Resolution extending time for commencing and completing road. ------...----. and 40; Ter-
Do------------- July 1, 1868 15 255 |-----. 0 - - - - - - - - - - - , - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ritories, 40,
Do------------- Mar. 1, 1869 || 15 || 346 | Resolution authorizing issue of bonds, &c. . . . . . . . -- - - - - - - - - - - - - - - - - - - - - - - - - - 50, and 60.
Do------------- Apr. 10, 1869 16 57 | Resolution authorizing the company to extend its branch line from Portland
to Puget Sound, &c. *
Do. ------------ May 31, 1870 | 16 378 || Resolution authorizing the issue of mortgage bonds, reversing locations of
main and branch lines, in Washington Territory, extending indemnity lim-
its, &c. -
Do------------. July 15, 1870 | 16 || 305 || Act requiring the Northern Pacific Railroad Company to pay the cost of sur-
veying, &c. J
Do. ------------ July 13, 1866 14 94 | *Placerville and Sacramento Valley -----------------------------...----------. 10 and 20
Do------------. Apr. 15, 1874 | 18 29 || Act declaring the grant forfeited to the United States-------------. ---------* *
Do ............|July 25, 1866 || 14 || 239 || Oregon Branch of the Central Pacific . . .------------------------------------- 20 and 30 787,274. 37 1,338,039.27
Do. ------------ June 25, 1868 15 80 || Act extending the time for completion of road.----...------------------------
Do------------- Apr. 10, 1869 | 16 47 || Act amendatory of the original act and providing for the sale of the lands to
actual settlers at a fixed price and limited quantity. -
Do..... ...-----| July 25, 1866 || 14 239 || Oregon and California.-----------...------------------------------------------ 20 and 30 l.--------------. 323, 148.68
Do------------- June 25, 1868 15 80 || Act extending the time for completion of road - - - - --------------------------.
Do------------- Apr. 10, 1869 16 47 || Act amendatory of the original act and providing for tho sale of the lands to
actual settlers at a fixed price and limited quantity.
§
July 27, 1866
Apr. 20, 1871
- July 27, 1866
July 25, 1868
June 28, 1870
Mar. 3, 1871
Mar. 2, 1867
June 15, 1874
May 4, 1870
Mar. 3, 1871
June 22, 1874
Mar. 3, 1871 ||
Mar. 3, 1863
June 8, 1868
May 6, 1870
June 25, 1864
Mar. 3, 1863
June 8, 1868
May 6, 1870
Apr. 24, 1872
June 20, 1864
Jnly 2, 1864
Dec. 26, 1866
Mar. 3, 1869
July 4, 1866
July 5, 1866
Feb. 27, 1867
r. 3, 1869
14
15
409
340
Atlantic and Pacific----------------------------------------- * = & e º ºs º º ºs e º ºs is sº s is s
Act authorizing the company to mortgage its road. ---...--...-----------...--
Act to extend the time for the construction of the road, &c. . . . . . . . . . . . . . .....
Joint resolution concerning the Southern Pacific Railroad of California......
Branch line of Southern Pacific ---------------------------------------------.
*Stockton aud Copperopolis. ----------. --------------------------------------
Act declaring the grant forfeited to the United States . . . . . . . . . . . . . . . ... --...-.
Qregon Central-----------------------------------------------------------------
Southern Pacific ---------------------------. ------------------------------. }
WAGON ROADS.
From Fort Wilkins, Copper Harbor, Mich., to Fort. Howard, Green Bay, Wis.)
Act extending time for completion of road to March 1, 1870
Act extending time for Completion of road to January 1, 1872. . . . . . . . . . . . . . . .
Act granting lands to the State to build a military road to Lake Superior -----.
I'rom Fort Wilkins, Copper Harbor, Mich., to Fort Howard, Green Bay, Wis.
Act extending time for completion of road to March 1, 1870
Act extending time for completion of road to January 1, 1872. ---------------.
Act extending time for completion of road to January 1, 1874 - - - - - - - - - - - - - - - -
No map filed; limitations of grant expired June 20, 1869 - - - - - - - - - - - - - - - - - - - - -
Qregon Central military road. ...;;......:----- sº se e = * * * * * * * * * * * * * * * * * * * - - - - - - - - - ;
Act making provision for indemnity limits ... --------------------------------.
Act extending time for completion of road to July 2, 1872.............. • * * * * ~ *
Corvallis and Aquinna Bay ----------------------------------------------------
Willamette Valley and Cascade Mountain. --...-----...--...--...------...-...----.
Dalles military road.------------------------- ----------------------------- tº ſº º tº º
Coos Bay military road.--------------------------------------------------------
States,20and
30; Territo-
ries, 40 and
5
20 and 30
20 and 30
10 and 20
20 and 25
California 20
and 30; Ter-
ritories, 40
and 50.
20 and 30
3 and 15
3 and 6
3 and 15
3
6
- 3
3 alternate
sections to
be selected
within six
iles.
3 and 10
3 and 6
1,720.00
as ºn tº ºn tº gº tº º º tº e º ºs º gº tº
tº º º ºs º is tº gº tº º ºs & sº tº gº tº
we dº º tº sº ºn tº gº e º dº tº e º is sº
504,536.60
952, 597.00
95,493. 65
*
&
302,930.36
221,013. 35
361, 327.43
76, 885.98
107, 893.01
126,910.23
104,080. 11
* Grants declared forfeited by Congress.
280
LAND GRANTS FOR RAILROADS.
RECAPITULATION.
* -º, Gº tº º Aº, ©
####|s ###
dº gº :3 § $—t §
‘s © gº tº C rº;
States. :*:g | #5
Qi) Gº) e
###, 35;;
####| ###
2: & G PSHS Z; cº gº bſ)
Illinois -------- * e º s is a º ºs e º s s as a s sº º ºs s = s. s is sº e s is s sº e s s as e º ºs e e s e s as e s = e º e º sº e º 'º e º 'º º 'º - I e º s = * * * * * * * * * * 2,595,053.00
Mississippi---------------------------------------------------------------|-------------- 935, 158. 11
Alabama ----------------------------------------------------------------- 1,025.90 2,830, 571.76
Florida --------------------------------------------------------------------------------- 1,700, 468.39
uisiana-----------------------------------------------------------------|-------------. 1,072,405. 49
Arkansas.----------------------------------------------------------------|-------------. 2,381,650.63
Missouri------------------------------------------------------------------|-------------- 1,828,005. 02
Iowa --------------------------------------------------------------------- 113,338.96 || 4,622, 173.46
Michigan-----------------------------------------------------------------|-------------- 3,229,033.09.
Wisconsin ---------------------------------------------------------------- 40.00 2,807,783.88
Minnesota ---------------------------------------------------------------- 228,047. 17 | 7,279,484.15
Kansas ---------------------------- • * * * * * = m, as sº sº e º ºs º ºs e º ºs m as º ºs e º e º ºs º ºs º ºs º dº º ºs º º sº 8,807.39 || 3,872, 191.27
351,259.42 35,214, 978.25
Corporations:
Pacific railroads ---------------------------------------------------------- 806,115.59 || 10,435,048.08
1, 157, 375. 01 || 45,650,026.33
Wagon roads
Wisconsin----------------------------------------------------------------|-------------- 302,930.36
Michigan -----------------------------------------------------------------|-------------- 221,013. 35
Oregon -------------------------------------------------------------------|-------------- 777,096.76
1,157,875.01 |46,951,066.80
Deduct for land declared forfeited by Congress. --------------------------|-------------. 607,741.76
Total.-------------------------------------------------------------- 1,157,375.01 °46,348,325.04
*Including railroad and wagon road grants.
RECAPITULATION OF CHAPTER.
Railroad grants: - . Acres.
Grants to States---------------------------------------------------- 35,214,978.25
Grants to corporations and Pacific roads ------ sº as sº sº sº tº gº º ºs ºs ºs tº us tº gº º ºs º ºs º ºs º- 10,435,048.08
Total grants certified and patented.-----------------. ---------- 45,650,026.33
Military wagon road grants.---------------------------------------- 1,301,040.47
- . 46,951,066.80
Deduct lands fºrfeited.------------- *º tº tº gº º tº sº uſe º ſº tº tº º sº tº º sº tº e º dº º sº sº tº dº º 'º e º 'º º 607,741.76
Grand total for railroads and military wagon roads-----...----------- 46,343,325.04
Acres necessary to fill grants provided all roads are constructed, includ-
ing patents already issued.----------------------------- ... --...---. 155, 504,994.59
ATTACHMENT OF RAILROAD RIGHTS.
Time when the various railroad rights attach to the lands granted, so far as at present de-
termined.
States tºporº. Names of roads. Dates.
ois----------- Illinois Central.------------------. September 20, 1850. (Grant fully adjusted.)
Mississippi......| Mobile and Ohio River.----------. September 20, 1850. (Grant fully adjusted.)
Vicksburg and Meridian.......... August 31, 1850. (Grant fully adjusted.)
Gulf and Ship Island.............. *November, 1860.
Alabarfla--------. Mobile and Ohio River.-----...--- September 20, 1850. (Grant fully adjusted.)
Alabama and Florida.--------...-. *August 30, 1856.
Selma, Rome and Dalton.--------. May 20, 1857.
Coosa and Tennessee...----...------- *December 27, 1858.
Coosa and Chattanooga ----------. *July 3, 1858.
Mobile and Girard ---------------. *May 13, 1858.
Alabama and Chattanooga, form- *October 11, 1858.
erly the NortheasternandSouth-
western and Wills Valley.
*Time taken as definite location from data on fºle in General Land Office, subject, however, to correc-
tion upon receipt of evidence to the contrary.
LAND GRANTS FOR RAILROADS.
281
Time when the various railroad rights attach, &c.—Continued.
States or corpora-
tions.
Names of roads.
Dates.
Alabama—Cont'd
Louisiana-------.
Arkansas
*Time taken as definite location from
Madison and Portage
South and North Alabama, form-
erly the Tennessee and Alabama
Central.
Florida Railroad
Florida, Atlantic and Gulf Central.
North Louisiana and Texas, form-
erly Vicksburg, Shreveport and
Texas.
New Orleans, Opelousas and Great
Western.
Little Rock and Fort Smith.......
Saint Louis, Iron Mountain and
Southern, formerly Cairo and
Eulton.
Memphis and Little Rock.........
Hannibal and Saint Joseph
Pacific and Southwestern Branch.
Saint Louis and Iron Mountain
IExtension.
Durlington and Missouri River....
Chicago, Rock Island and Pacific..
Cedar Rapids and Missouri River.
Dubuque and Sioux City. --...-----
Iowa Falls and Sioux City
Chicago, Milwaukee and Saint
aul, formerly McGregor and
Missouri River. *
Sioux City and Saint Paul
| Jackson, Lansing and Saginaw....
Flint and Pere Marquette..... ---.
Grand Rapids and Indiana
Bay de Noquet and Marquette....
Houghton and Ontonagon. ........
Chicago and Northwestern
Chicago and Northwestern
Wisconsin Central.-- - - - - - - - - - - - - -
Chicago, Saint Paul and Minne-
apolis, formerly the West Wis-
COIlSII).
Wisconsin Railroad Farm Mort-
gage Company.
data on file in
tion upon receipt of evidence to the contrary.
fly the act of July 14, 1870, the land
government, and have since been restored t
its of the grant of March 3, 1871, to the New
# The grant has never been
by Congress.
May 22, 1866, between Decatur and a junction
with the Alabama and Tennessee Railroad, in
township 22 south, range 2 west, and May 30,
1871, between that point and Montgomery.
*From survey in the field, which was between
May 17, 1856, and January 10, 1857.
*From May 17 to 31, 1856.
*March 3, 1857, between Tallahassee and Alliga-
tor, in township 13 South, range 17 east, and
from September 1 to October 22, 1857, between
Tallahassee and Pensacola.
*February 17, 1857, in the granted, and September
7, 1857, in the indemnity limits.
January 27, 1857.
f0ctober 9, 1856, between New Orleans and
Brashear City.
A.gº 13, 1855, and, underthereviving act, May
, 1867. -
January 17, 1855, and, under the reviving act,
July 28, 1866.
August 18, 1855, and, under the reviving act,
ay 13, 1867. -
March 8, 1853, in the granted, and June 16, 1853,
in the indemnity limits. . (Grant virtually ad-
justed.)
1853. (Grant fully adjusted.)
#April 7, 1870. $
March 24, 1857. (See Supreme Court Reports,
9 Wallace, p. 89, Railroad Company vs. Fro.
mont County.)
Survey in the field, which was from October 21,
1856, to March 2, 1857.
Survey in the field, which was from September
1, 1856, to July 12, 1857.
Survey in the field, which was from May 30 to
August 31, 1856.
Survey in the field, which was from May 30 to
August 31, 1856.
*August 19, 1864, from McGregor to section 12,
township 95 north, range 35 west.
From that point to the southwest corner section
18, township 96 north, range 38 west, between
November 30 and December 5, 1868, and from
that point to a connection with the Saint Paul
and Sioux City Road, between June 28 and 30,
1869, the dates of survey in the field.
Survey in the field, which was between Sep-
tember 27 and October 4, 1866.
August 4, 1858.
August 3, 1857.
November 17, 1857, between Grand Rapids and
the Straits of Mackinac.
March 15, 1856, between Grand Rapids and Fort
Wayne, Indiana.
December 1, 1857. (See Secretary's decision of
April 12, 1859.—Lester.)
June 23, 1859.
From Fond du Lac to the north boundary of tho
State. Survey in the field, which was between
May 1, 1856, and October 16, 1857.
September 7, 1869. .
July 13, 1857, from Tomah to Lake Saint Croix;
March 23, 1865, to additional grant under act
of May 5, 1864,
June 16, 1857.
July 13, 1857.
General Land Office, subject, however, to correc-
8 granted west of Brashear City were declared forfeited to the
9 homestead entry, excepting those falling within the lim-
Orleans, Baton Rouge and Vicksburg Railroad.
accepted by the company, but the lands are still reserved, awaiting action
282
LAND GRANTS FOR RAILROADS.
Time when the various railroad rights attach, &c.—Continued.
States or corpora-
tions.
I-
Names of roads.
Dates.
Wisconsin–Con-
tinued.
Kansas ----------
| Winona and Saint Peter
Saint Croix and Lake Superior,
and branch to Bayfield.
Saint Paul and Pacific
Saint Paul and Pacific (Saint Vin-
cent extension).
Minnesota Central
Saint Păul and Sioux City
s sº º tº tº ºr º º
Lake Superior and Mississippi....
Hastings and Dakota
Southern Minnesota
Missouri, Kansas and Texas.----.
Leavenworth, Lawrence and Gal-
veston.
Saint J.º, and Denver City ....
Atchison, Topeka and Santa Fé...
November 2, 1857, entire main line, except be-
tween Prescott and the south line of township
34 north, which was from November 24 to De-
cember 8, 1857. Survey in the field.
Branch line, from survey in the field, which
was between May 3 and June 10, 1858.
April 22, 1865, to additional grant under act of
May 5, 1864.
November 9, 1857, within six-mile limits, and
January 16, 1858, between six and fifteen mile
limits of the main line and branch to Crow
Wing, and March 3, 1865, to additional grant
under that act. -
From survey in the field, which was between
May 18 and September 21, 1871.
July 17, 1857, from Winona to the west line of
township 110, range 31 west, in the six-mile
limits, and March 22, 1858, between the six
and fifteen mile limits.
From that point to the west line of township
108, range 37 west. Survey in the field, which
was in April, 1864. (See Secretary's decision
of August 15, 1874.)
January 19, 1867, from that point to the Big
Sioux River, in Dakota Territory.
To original grant, from surveyin the field, which
was between June 8 and July 25, 1857, and to
additional grant under act of March 3, 1865,
date of act.
From Saint Paul to section 28, township 106
north, range 34 west, survey in the field, which
was from June 8 to October, 1857, in the six-
mile limits, and March 28, 1858, between the
six and fifteen mile limits.
From that point to section 30, township 104
north, range 39 west, from October 31 to No-
vember 8, 1858, within both six and fifteen
mile limits.
From that point to the southern boundary of
Minnesota, June 29, 1866. -
To the additional grant under the act of May
12, 1864, from date of act, where the road was
already definitely located.
September 25, 1866.
March 7, 1867.
From the Mississippi River to Houston, survey
in the field, which was from July 21 to August
5, 1857.
From Houston to section 22, township 104 north,
range 8 west, July 4, 1866.
From that point to section 2, township 103 morth,
range 18 west, January 1, 1867.
From that point to section 21, township 104
north, range 37 west, November 29, 1866.
From that point to section 4, township 104 north,
range 39 west, October 24, 1866.
From that point to the western boundary of the
State, from survey in the field, which was
between October 18 and 26, 1870.
From Junction City to Humboldt, December 3,
1866.
From Humboldt to southern boundary of State,
January 7, 1868.
November 15, 1866, from Lawrence to the north
boundary of the Osage lands.
November 26, 1867, to the southern boundary of
Kansas.
March 21, 1870. e
From Atchison to Emporia, survey in the field,
which was from November 28, 1865, to Janu-
ary 13, 1866. e
From Emporia to Wichita, surveyin the field,
which was from May 18 to July 13, 1869.
From the sixth principal meridian, near New-
ton, to section 27, township 23 south, range 5
west, September 23, 1871.
From that point west to section 33, township
22 south, range 6 west, October 8, 1870.
From that point west to the mouth of Pawnee
Creek, in township 22 south, range 16 west,
survey in the field, which was from June 21
to December 1, 1870.
LAND GRANTS FOR RAILROADS. 283
Time when the various railroad rights attach, &c,+Continued.

$tates or corpora-
tions Names of roads.
Dates.
# tº
Ransas–Cont'd..] Atchison, Topeka, and Santa Té—
Continued.
Corporation.----- Union Pacific-------------------.
Central Pacific--------------------
, Western Pacific........ ---...----
Kansas Pacific--------------------
Denver Pacific--------------------
Central-Branch Union Pacific.....
Durlington and Missouri River....
Sioux City and Pacific ..... --...--.
Northern Pacific------------------
!
From that point to the west line of range 27
west, March 22, 1872. -
From that point to the western boundary of the
State, May 30, 1872.
First one hundred miles west from Omaha, O
tober 19, 1864.
Second one hundred miles, June 20, 1866.
From the 200th to 380th mile post, November 23,
1866
From the 380th mile post to Brown's Summit
(nearly to the 700th mile post), survey in the
field, which was from April 1 to November
15, 1867.
From Brown's Summit to Ogden, survey in the
field, which was from May 1 to July 30, 1868.
Withdrawal takes effect for the first hundred
miles of road within 15-mile limits December
16, 1863, the date when the company filed their
map of general route in the Department, and
between the 15 and 20mile limits July 2, 1864,
date of additional grant. Withdrawal takes
effect from the 100th mile post west from
Omaha to Salt Lake City June 28, 1865, the
date when the map of general route was filed
in the Department. (See Secretary's decision
of February 27, 1875.)
ship 13 north, range 8 east, within ten miles of
the road, June 1,1863, and within twenty miles,
July 2, 1864, date of act.
*From that point to the east line of township 17
north, range 13 east, September 14, 1866.
*From that point to the Big Bend of the Truckee
River, in township 20 north, range 24 east,
Nevada, October 25, 1867. -
From that point to Humboldt Wells, December
18, 1866.
From that point to Monument Point (head of
Salt Lake), January 16, 1867.
From that point to Ogden, July 18, 1868.
First twenty miles northward from San José,
October 3, 1866.
From that point to Sacramento, from survey in
the field, which was between January 28 and
December 15, 1868.
From the boundary line between Missouri and
Ransas to section 17, township 11 South, range
18 east, Kansas, February 13, 1864.
From that point to Fort Riley, from survey in
the field, which was between February 13,
1864, and February 18, 1865.
From Fort Riley to the 405th mile post (Sheri-
dan, IXalis.), July 11, 1866.
From that point to Denver City, from survey in
the field, beginning June 29, 1869, and ending
April 25, 1870, at the 635th mile post.
March 3, 1869, late of act.
January, 1864, within the 10-mile limits, and
July 2, 1864, date of act, within the 20-mile
limits. *
June 15, 1865.
November 9, 1866, in Nebraska, and in Iowa,
from survey in the field, which was between
November 20 and December 7, 1866.
From a junction with the Lake Superior and
Mississippi Road, in Minnesota, to the Red
River of the North, November 21, 1871.
From the Red River of the North to the Mis-
souri River, in Dakota Territory, May 26, 1873.
From the Missouri River, in Dakota Territory,
to the Little Missouri River, in said Territory,
July 20, 1880, the date offiling map of definite
*
location in General Land Office.
From Kalama, Wash., north to Tenino, sixty-
five miles, September 13, 1873.
Fººtino to Tacoma, on Puget Sound, May
According to a decision of the Secretary of the
Interior, dated March 22, 1873, the first with-
drawal of lands takes effect from the accept-
ance of the map of general route by the
* Time taken as definite location from data on file in the General Land Office, subject, however, to
eorrection upon receipt of evidence to the contrary.
From Sacramento east to the south line of town- .
284
LAND GRANTS FOR RAILROADS.
Time when the various railroad rights attach, &c.—Continued.
States or corpora-
tions.
Names or corporations.
Dates.
Corporation......
Northern Pacific—Continued.....
Atlantic and Pacific ..............
Texas Pacific --------------------.
New Orleans, IBaton Rouge and
Vicksburg.
Oregon Branch of the Central Pa-
cific, formerly California and
Oregon.
Southern Pacific.--...------------.
Oregon and California. --.........
Oregon Central ------------------.
Department, from which time settlement is
excluded from the granted sections, and the
alternate reserved sections are raised to $2.50.
per acre.
The first map of general route through Minne-
sota and a portion of Washington Territory
was accepted August 13, 1870, subsequently
amended in parts both in Minnesota and
Washington Territory.
The map of general route through Dakota,
Montana, Idaho, and a |P. of Washington
Territory was accepted February 21, 1872.
The map of general route of the branch line in
Washington, Territory was accepted August
15, 1873, and the map of amended route of
branch line was accepted June 11, 1879, but
the withdrawal takes effect, so far as respects
the lands affected by the change, from the re-
ceipt of the letters at the district offices.
From Springfield, Mo., to the western boundary
of the State, December 17, 1866.
From that point to the mouth of Kingfisher
Creek, in Indian Territory, December 2, 1871.
From that point to the eastern boundary of
New Mexico, February 7, 1872.
From that point to the eastern boundary of
California, March 12, 1872.
Fº San Francisco to San Miguel, Cal., March
2, 1872.
Tº. the county of Los Angeles and part of
San Bernardino, California, March 12, 1872.
From San Miguel Mission to the Los Angeles
County line, August 15, 1872.
From a point in township 7 north, range 7 east
S. B. M., San Bernardino County, to the Colo-
rado River, August 15, 1872. - -
Road not yet definitely located. Lands with-
drawn upon a preliminary line, withdrawak
taking effect from date of receipt of the order
at the district land offices, which was as fol-
lows: New Mexico Territory, December 4,
1871; Arizona Territory, December 26, 1871;
California, October 15, 1871. -
Road not yet definitely located. Lands with-
drawn upon a preliminary line, taking effect
from date of receipt of the order at the dis-
trict offices, which was as follows: Letter of
November 29, 1871, received at New Orleans
December 11, 1871; letter of November 29,
1871, received at Natchitoches, December 20
1871; letter of March 27, 1873, received at
New Orleans, April 3, 1873. -
From Roseville (on the Central Pacific Railroad)
to Salt Creek, in township 32 north, 9f range
5 west, September 13, 1867.
From that point to north line of township 46
north, of range 5 west, August 5, 1871.
First withdrawal became effective January 8,
1867, date of filing the map of general route
in the General Land Office. (See Secretary's
decision of April 23, 1875, in case of Alfred
Queen, and decision of August 2, 1878, in
Samuel Tome et al.) Withdrawal for branch
line under act of March 3, 1871, became effect-
ive April 3, 1871. Right of road attaches from
the dates of filing the maps of definite loca-
tion in the General Land Office.
From Portland, Oreg., south to township 10
south, range 2 west, October 29, 1869.
From that point to the south line of township
27 south, March 26, 1870.
From that point to near the south line of town-
ship 30 south, January 7, 1871.
May 4, 1870. -
3.

&
Railroad land grants which have lapsed by reason of non-completion of roads within periods prescribed by acts muking the grants.
3.
. tº rº º tº tº gº! rº
Grant by act.— | g Extended by act.— § # # +: # #
& .E | | P, $4 g- § 3 | *f; ša.
§ # # # * |##| # #:
q2 $4
§ Stats. * | * âg Stats. # is £3 #: à3 3#
Name of railroad. 3 Gºst É * &: #: # # 5. É # É
sº § F. ‘s 3: tº bº E & ## º £
; Approved— § 3 º .E. Approved— #5 5'5" $4.5 * %3 § º
* 3 & .3 e .3 º 3 : º : b-sº
# Q # 5 3 || || 3 # | f | | ###| | ##
Q - 5 d; q) º .# É d .: # th: 3 5 t;
# 3 ºf # | 3 || 3: #| #| : # | #3 | #3's ;
C/2 P- pº 3 || 3: º P- |f|, | [º º H ſº CP
|Miles.'Miles. Acres. |Miles. Acres Acres
Gulf and Ship Island ....... Mississippi Aug. 11, 1856 || 11 30 State.... 6 15 Aug.11, 1866)-------------. as a s a sº a = * * * * * * * * * * * *652, 800.00. None None.----. None.
Coosa qnd Tennessee ....... Alabama...] June 3, 1856 || 11 17|---do - ... 6 15 June 3, 1866|.............. * * = tº gº & & E ſº tº gº º ſº tº dº º gº tº 132,480.00. None None...... 67,784.96
Mobile and Girard.......... ----do ----. June 3, 1856 | 11 17|... do ....| 6 15 June 3, 1866|--------------|---|---|------------ 840,880.00. None None...... 504, 145.86
Coosa and Chattanooga. . . . . . ----do ----. June 3, 1856 | 11 17|- - - do ---. § 15 June 3, 1866]. ------------. * * ... g º º E = e º ſº gº tº gº º is 150,000.00. None None...... None.
£ººl,º: §ºgulf Florida ...| May 17, 1856 || 11 15|... do .... 6 15 May 17, 1866)--------------|---|---|------------ 1,568,729.87. Nonel None...... 1, 275,212.93
Tlorida Atlantic an
Central -------------------|-- --do ----. May 17, 1856 11, 15...do .... 6 15 May 17, 1866.--------...---|--. tº se s I s tº dº tº e º gº tº º is e tº 183,153.99. None None...... 37, 583. 29
North Louisiana, and Texas, •
formerly Vicksburg,
Shreveport and Texas
Railroad. --...------------- Louisiana. June 3, 1856 11| 18...do .... 6 15 June 3, 1866)---------...--. • = i < * = I e s = • e s • = s = * * 610,880, 00, 94 || 100,652.70 353,212.68
New Orleans, Baton Rouge -
S #. * * * * = moun.] ---do ----- Mar. 3, 1871 16579 Company 20 30 Mar. 3, 18761.-------------|--|---|-----------. 1,600,000.00. Nonel None.-----. None.
&IIłt LOUllS 3DO I'On MLOUln-
Hää * * * *e se d Öntonagon. Missouri...] July 4, 1866 || 14 83; State. ... 10 20 July 1, 1871.-------- . . . . * * * * * * * I e º 'º tº º E tº sº º ºs º as *100,000.00. Nonel None...... None.
Qughton and Untonagon, June 3, 1856 11] 21]...do ....| 6 || 15 June 3, 1866 June 18, 1864 || 13||137|June 3, 1871
§.º.º. #} ...do.....|{{####|##|::::::::: ; ; #######|###...}}#}552,515.00 20 | 76,800.00 487,885.00
Ngº X; #.§. l J 3, 1856 d J
aint Croix and Lake Sui- t * une 3, 11| 201- . . do - - - - || 6 15 June 3, 1866
§ sº Wisconsin. {{.. 5, 1864 || 13 66|...do .... 10 20 May 5, 1869 }May 5, 1864 || 13 66 May 5, 1869||1,408,455.69. Nonel None...... 843,497. 56
6
Wisconsin Central.......... ----do ----. May 5, 1864 13 66|---do ----| 10 20 May 5, 1869 April 9, 1874 18, 28 Dec. 31, 18761,800,000.00. 240 1,536,000.00 536,446.05
Oregon Central - - - - - - - - - - - -. Oregon . . . . May 4, 1870 | 16, 94 Company 20 25 May 4, 1876). --------...--|--|-|...|---- -------- 1, 200,000.00 * 608,000.00. None.
*Number of acres shown by examination of the official records actually subject to the operation of the grants. .*

tlºvidence of the construction of 60 miles of the North Wisconsin Railroad has been filed, but the Secretary declines to take action thereon.



286
LAND GRANTS FOR RAILROADS.
Rights of way granted to railway companies in certain States and Territories.

a;
º
States and Territories. |Date of laws. # § Name of company.
- # #
Arizona ------------------- Mar. 3, 1875 18 482 | Southern Pacific Railroad of Arizona.
California-----------------. Aug. 4, 1852 10 28 || California and Northern Railroad.
Do-------------------- June 20, # i. # §i: §§;i. Gange Railroad.
Do.------------------- Mar. 3, 1875 I * On Creek Railroad.
O Aug 4,182 10 2s ºlived
Do-------------------- Uig. 4, Southern Pacific Coast Railroad.
Colorado------------------- June 23, 1874 18 274 || Arkansas Valley Railway.
Do---4---------------- Mar. 3, 1875 18 || 482 Arkansas Valley and New Mexico Railway.
Do------------- ------- Mar. 3, 1875 18 482 Cañon City and San Juan Railway.
Do.------------------- Mar. 3, 1875 18 || 482 | Colorado and New Mexico Railroad.
Do.------------------- Mar. 3, 1875 18 || 482 Colorado Western Railroad.
Do-------------------- Mar. 3, 1875 | 18 482 | Denver and Middle Park Railway.
Do-------------------- June 8, 1872 17 | 339 || Denver and Rio Grande Railway.
Do-------------------- Mar. 3, 1875 18 || 482 || Denver, South Park and Leadville Railway.
Do.------------------- Mar. 3, 1875 18 482 || Denver, South Park and Pacific Railway.
Do-------------------- Mar. 3, 1875 18 482 Gº Peak, Snake River and Leadville Rail.
TO3.01.
Mount Carbon, Gunnison and Lake City Rail,
I’O8.01, d
Do-------------------- Mar. 3, 1875 18 || 482 Monarch, Paso, Gunnison and Dolores Rail.
way.
Do.------------------- Mar. 3, 1875 18 || 482 *. º Nº. Railroad.
Ulepio and Salt Lake Itallway.
Do-------------------- Mar. 3, 1875 | 18 || 482 : fºr Railway.
Saint Wrain Railroad. *
Do-------------------. Mar. 3, 1875 | 18 || 482 } Baker's Park and Lower Animas Railway.
Do-------------------- Mar. 3, 1875 18 482 || Spanish Range Railway.
Do.------------------- Mar. 3, 1375 18 || 482 Upº. Arkansas, San Juan and Pacific Rail.
t TO3Cl.
Do-------------------- Mar. 3, 1875 18 || 482 Y; º \º ºad.
e OIOT3010 U6:Intral Jºällroad.
Colorado and Wyoming ...] Mar. 3, 1875 18 482 : 3:...º. i. ; º:
w icago, Milwaukee and Saint Paul Railway.
Dakota -------------------. Mar. 3, 1875 18 || 482 { Bear Butte and Deadwood Railway. y
Do-------------------- Mar. 3, 1875 18 || 482 Dakota Central Railway.
Do-------------------- June 1, 1872 17 | 202 Dakota Grand Trunk Railway.
Do-------------------- May 27,1sº in is lººd
Sioux Falls Railroad. *
Do-------------------- Mar. 3, 1875 | 18 || 482 #: Paul, Minneapolis and Manitoba Rail-
way.
Sioux City and Pembina Railroad.
Do-------------------- Mar. 3, 1875 18 || 482 { Travare and Jamestown Railroad.
Florida. -------------------. Mar. 3, 1875 18 482 Alºis, Gulf and West India Transit Rail.
TO - .
Do-------------------- June 4, 1872 17 224 || Great Southern Railway.
Do-------------------- June 7, 1872 | 17 | 280 Jacksonville and Saint Augustine Railroad.
Do-------------------- Mar. 3, 1875 | 18 || 482 Jacksonville, Pensacola and Mobile Railroad.
Florida and Alabama ------ June § # # % £º. #. #. #.
0- - - - - - - - - - - - - - - - - - - - ar. 3, ©St Jº'IOTICla, and MLQ Oile Railroß.01.
Iowa----------------------. June 4, 1872 17 | 220 | Davenport and Saint Paul Railroad.
Ea . Southern Kansas and Western Railroad.
h988 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ; Louis, Wichita and Western Railroad.
Louisiana------------------ Mar. 3, 1875 | 18 || 482 3. Yº:
* . lcago and Dakota Railway.
Minnesota .... ------------. Mar. 3, 1875 18 || 482. { Saint §. and Lake Traverse Railway.
Minnesota and Dakota...: : ##| #| *; }Worthington and Sioux Falls Railroad.
p Qregon Central Railway,
Nevada and Oregon........ Feb. 5, 1875, 18 306 |{{...}}}.}}|...}.
Nevada Central Railway.
New Mexico ............... June 8, 1872 | 17 | 343 | New Mexico and Gulf Railway.
Do-------------------- Mar. 3, 1875 18 || 482 | New Mexico and Southern Pacific Railroad.
Oregon -------------------. Mar. 3, 1875 18 482 | Port Orford and Roseburg Railroad.
* * * * * * * * * * * * * * * * = e s = Mar. 3, 1875 18 482 | Blue Mountain and Columbia River Railroad.
Oregon and Utah Apr. 12, 1872 17 52 | Portland, Dalles and Salt Lake Railroad.
gon And Utah ........ ar. 3, 1873 17 | 612 Oregon Railway and Navigation §:
TſtahD * * * * * * * * * * * * * * * * * * * * * Mar. 3, # ; ; §. #. $º º Floyd Railroad.
9- - - - - - - - - - - - - - - - - - - - thſ. 3, fºLl tºe ey TO&Ol.
Do-------+------------ Mar. § 1875 18 || 482 Utah and Pleasant Valley Railroad.
#::::::::::::::::::::: ; :#| #| #|###$;
0- - - - - - - - - - - - - - - - - - - ar. 3, OUIt|10|IT). O3.01.
#:::::::::::::::::::: : #: ##| || : |Hºnºailroad.
s & © tº E ſº º 'º º ºs º º ſº, º ºs e º ſº e is ar. 3, 1875 18 ta. estern Railroad.
Do-------------------- Mar. 3, 1875 18 482 Wasatch and Jordan Valley Railroad.
Utah, Idaho, and Montana. June 1, 1872 | 17 | 212 || Utah, Idaho and Montana Railroad.
D Mar. 3, 1873 || 17 | 612 } Utah and Northern Railroad—Utah and North-
O- - - - - - - - - - - - - - - - - - June 20, 1878 20 241 ern Railway. -
& º 'º º ſº is sº tº sº * g º sº s º Mar. 3, 1875 18 482 Occidental and Oriental IRailroad.
LAND GRANTS FOR RAILROADS. 287
Rights of way granted to railway companies, &c.—Continued.

| dº
Gº
States and Territories. |Date of laws. B § Name of company.
cº
§ &
Washington ...............] Mar. 3, 1875 18 || 482 | Seattle and Walla Walla Railroad.
Mar. 3, 1869 || 15 325
Do------------------ } Mar. 3, 1873 17 | 613 | }. Walla Walla and Columbia River Railroad.
Mar. 3, 1875 18 || 482
Wisconsin ----------------- Mar. 3, 1875 18 || 482 | Black River Railroad.
Wisconsin Central Railroad.
Do-------------------- Mar. 3, 1875 18 || 482 Mºe Railway, and North Wisconsin
- - allway.
Wyoming------------------ Mar. 3, 1875 | 18 || 482 | Evanston and Montana Railroad.
Do-------------------- Mar. 3, 1875 18 482 Wyoming Central Railroad.
Grand total of railroad and military road grants patented since 1850 to June 30, 1880.
Acres,
Grants to States.--------------------------------------------------- 35,214,978.25
Grants to corporations and Pacific railroads - - - - - - - e º as se - e s sº se s - e. e s = * * * 10,435,048.08
- \ 45,650,026.33
Deduct lands forfeited by act of Congress ---------...----...---------. 607,741.76
Railroad, actual area in acres.-------------------------------------- 45,042,284. 57
Military Wagon-road grants----------------------------------------- 1,301,040.47
Grand total.------------------------------------------------. 46,348,325.04
Canal grants.-------------------. • * * * * * * * * * * * * * * * * * * * * * * = g º ºs e º sº us ºne º 'º - 4,424,073.06
Estimated area, including lands already patented, necessary to fill and
complete all grants to railroads under existing laws - - - - - - - - - - - - - - - 155,504,994.59
RECAPITULATION. -
Estimated area of the grants of land made by Congress to States and Territories and to cor-
porations from the year 1850 to June 30, 1880.
* Acres.
In Illinois------------------------------------------------------------- 2,595,053
In Mississippi --------------------------------------------------------- 1, 137,130
In Alabama ----------------------------------------------------------- 2,807,648
In Florida ------------------------------------------------------------ 1,760,467
In Louisiana --------------------------------------------------- * * * * * * * 1,256,430
In Arkansas-----------------------... e º is me as as as ºn e º ºs º ºr sº e º ºr sº º sº º me tº ºn tº º tº º is as º ºs e º sº º 2,613,631
In Missouri ----------------------------------------------------------- 2,605,251
In Iowa -------------------------------------------------------------- 4,181,929
In Michigan ---------------------------------------------------------- 3,355,943
In Wisconsin -------. -------------------------------------------------- 3,553,865
In Minnesota.--------------------------------------------------------- 9,830,450
In Kansas.------------------------------------ tº º ºs º gº tº gº tº dº tº º º ſº º tº º tº º º º sº º s º 8,223,380
In Nebraska ---------- * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ----------------- 6,409,376
In Colorado --------------------- -------------------------------------- 3,000,000
In Nevada ------------------------------------------------------------ 4,000,000
In California---------------------------------------------------------- 16,387,000
In Oregon ------------------------------------------------------------ 5,800,000
In Dakota ------------------------------------------------ • * * * * * * * * * * * 8,000,000
In Wyoming------------------- • * *-* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * = 4,500,000
In Montana. ---------- '• * * * * * * * * * * * * * * * * * * * * * * * * * * e o ºs • * * * * * * * * * * * * * * * * * 17,000,000
In Idaho-------------------------------------------------------------- 1,500,000
In Washington-------------------------------------------------------- 11,700,000
In Utah .... ---- * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1,850,000
In New Mexico.-------------------------------------------------------- 11,500,000
In Arizona ------------------------------------------------ • - - - - - - - - - - - 18,500,000
Total --------- * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 154,067,553
The above estimate is for the quantity of land which will be given by the United
States to the various roads if they are cºnstructed.
sº
x:
288 LAND GRANTS FOR RAILROADS.
FORM OF PATENT FOR RAILROAD GRANT LANDS.
The following is the general form of patent used to convey title to grants of lands
made to aid in the construction of railroads, but these are modified, of course, accord-
ing to the statute authorizing the same:
The United States of America, to all to whom these presents shall come, greeting:
Whereas, by the act of Congress approved July 1, 1862, as amended by the act of
July 2, 1864, “to aid in the construction of a railroad and telegraph line from the
Missouri River to the Pacific Ocean, and to secure to the Government the use of the
same for postal, military, and other purposes,” authority is given to , a corpora-
tion existing under the laws of the State, “to construct a railroad and telegraph line,”
under certain conditions and stipulations, as expressed in said acts; and provision is
made for granting to the said company “every alternate section of public land desig-
nated by odd numbers, to the amount of per mile on each side of the said rail-
road on the line thereof and within the limits of miles on each side of the said
road, not sold, reserved, or otherwise disposed of by the United States, and to which
a pre-emption or homestead claim may not have attached at the time the line of said
road is definitely fixed; ”
And whereas an official statement, bearing date y , from the Secretary
of the Interior has been filed in the General Land Office, showing that the commis-
sioners appointed by the President, under provisions of the sixth section of the said
act of Congress approved July 2, 1864, have reported to him that the portion of the
line of railroad and telegraph from 2 , has been constructed and fully com-
pleted and equipped in the manner prescribed by the acts of Congress relative to the
Pacific Railroad and Telegraph Line; and the vice-president of the said CODOl-
pany has applied for a conveyance of the title to the lands granted to said company
by the said acts of Congress of — ;
And whereas certain tracts have been selected under the acts aforesaid by
, the agent for the said company, as shown by his original lists of selec-
tions, dated 2 < , certified under dates of , by the register and
receiver at , the said tracts of land are particularly described as follows,
to wit: of base line, and of meridian, township
, range
The said tracts, as described in the foregoing, make the aggregate area ſº
Now know ye, that the United States of America, in consideration of the premises
and pursuant to the said acts of Congress, have given and granted and by these pres-
ents do give and grant unto the said company and to its assigns, the
tracts of lands selected as aforesaid and described in the foregoing; yet excluding and
excepting from the transfer by these presents “all mineral lands,” should any such be
found to exist in the tracts described in the foregoing, but this exclusion and excep-
tion, according to the terms of the statute, “shall not be construed to include coal
and iron lands.” - .
To have and to hold the said tracts, with the appurtenances, unto the said ——
company and to its assigns forever, with the exclusion and exception as aforesaid.
In testimony whereof, I, , President of the United States, have caused
. letters to be made patent and the seal of the General Land Office to be hereunto
affixed.
Given under my hand, at the city of Washington, this — day of , in the year
of our Lord one thousand eight hundred and , and of the Independence of the
United States the one hundred and iº
By the President: y
[SEAL.] By — y
Secretary.
y
Recorder of the General Land Office.
C H A P T E R X. XI.
To JUNE 30, 1882.
[See pages 949–962.]
To JUNE 30, 1883.
[See page 1276.]
S C R.I.P.
To JUNE 30, 1880.
for CONFIRMED PRIvaTE LAND CLAIMS, OR EQUITABLE LAND CLAIMS, INDIANS, ETC.
Congress, in 1806, began the practice of ordering the issuing of indemnity Scrip for
confirmed private land and other land claims, which had been left entirely or partially
unsatisfied as to location, by reason of non-location, conflict with other claims or
grants, entries, or reduced by deficient surveys. This practice continued to 1872.
Many of these acts of Congress were for separate cases, were local or temporary,
and were enacted from time to time, to meet reported cases. :
Congress, June 2, 1858 (3 Stats., pp. 294, 295), made provision for all claims previ- .
ously confirmed by Congress, and then remaining unsatisfied. -
This act placed the labor and responsibility of ascertaining and satisfying these
claims upon the executive officers of the Government. The scrip thus issued was
and is locatable upon the public lands, under certain conditions and regulations, issued
by the Commissioner of the General Land Office. ->
The following embraces the scrip issued by the General Land Office to June 30, 1880,
other than bounty-land scrip for military service, hereinbefore mentioned under the
head of “Bounty Lands”—in all 2,893,034.44 acres.
Chippewa half-breed Scrip.
Under and pursuant to the seventh clause of the second article of the treaty of Sep-
tember 30, 1854, with the Chippewa Indians of Lake Superior and the Mississippi (10
Stats., p. 1110), Chippewa half-breed scrip was issued as follows: 1,172 pieces for 80
acres each, making an aggregate of 93,760 acres.
Red Lake and Pembina Chippewa half-breed scrip.
Under article 7 of supplemental treaty of April 12, 1864 (13 Stats., p. 469), 464 pieces
of Red Lake and Pembina Chippewa half-breed scrip were issued for 160 acres each,
making an aggregate of 74,240 acres. - \
SIOUX HALF-BREED SCRIP.
Under act of July 17, 1854 (# Stats., p. 304), Sioux half-breed scrip was issued as
follows: To each one of 640 half-breeds, five pieces described as follows: 1 A, 40 acres;
1 B, 40 acres; 1 C, 80 acres; 1 D, 160 acres; and 1 E, 160 acres; making 480 acres
each, and an aggregate of 307,200 acres.
Under the same act, scrip was also issued as follows: To each one of 38 half-breeds,
one piece of scrip for 40 acres, and two pieces for 160 acres; making 360 acres to each,
and an aggregate of 13,680 acres. -
Acres.
Scrip issued by surveyor-general of Louisiana, under act of June 2, 1858. 206,633.664
Scrip issued by surveyor-general of Florida, under act of June 2, 1858. --- 3,750.000
Scrip issued by surveyor-general of Missouri, under acts of July 4, 1836,
and June 2, 1858----------------------------------------------------. 283,567, 400
19 L O—WOL III - º R89
290 SCRIP.
- - Acres.
Scrip issued by the Commissioner of the General Land Office, pursuant to
decrees of the United States Supreme Court, under act of June 22, 1860,
and supplemental legislation ------------...----. ---------------------. 606, 512.770
This issue relates to indemnity for private land claims in Louisiana.
No estimate can safely be made of the amount yet to be issued under this
decision. . -
Scrip issued in satisfaction of the claims of Israel Dodge, Walter Fen-
wick, and Mackey Wherry, under act of June 21, 1860. -- - - - - - - - - - - - - - 15,870. 610
Scrip issued in satisfaction of the claim of T. B. Valentine, under act of
April 5, 1872, nearly all in 40-acre pieces-- - - - - - - - - - - - - - - - - - - - - - - - - - - -. 1,516.000
Scrip issued in satisfaction of the claim of Pascal L. Cerre, under act of
January 26, 1857 ---------------------------------------------------- 3,004. 51
Scrip issued in satisfaction of the claim of Samuel Ware, under act of
December 28, 1876.-------------------------------------------------- 640. 000
Scrip issued in satisfaction of the claim of the heirs of Joseph Gerard,
under act of February 10, 1855 ---------. . . . . . --- - - - - -----...---------- 1,920.000
Scrip issued by surveyor-general of Florida, in satisfaction of the claim
of Fernando de la Maza. Arredondo, under act of May 23, 1828 - - - - - - - - - 38,000.000
Scrip issued in satisfaction of the claim of Coleman Fislier, under act of
May 14, 1834 -------------------------------------------------------- , 640, 000
Scrip issued by recorder of land titles for Missouri, under act of February
17, 1815 ------------------------------------------------------------- 174,910. 420
Scrip issued under fourteenth article of treaty of March 17, 1842, with
Wyandot Indians ---------------- * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 22,400.000
Scrip issued by surveyor-general of Louisiana, under act of June 29, 1854 - 2,671. 060
Choctaw Scrip issued under treaty of 1830, the greater portion of which has been located and
patented.
- Acres.
Heads of families ------------------------------------------------- 1, 159
Amount each (acres) ---------------------------------------------- 320
Total acreage ---------------------------------- e tº sº ºn tº º ºr º e - - - - e s is sº sº es e - - - - - 370,880
Children over 10 years ------------.... ---------------------------- 1, 460
Amount each (acres) -----. ---------------------------------------- 320
Total acreage ------------------------------------------ • * * * * * * * * * * * * * * * - 467, 200
Children under 10 years ---------------------------------- * * * * * * * * * 1, 192
Amount each (acres) -- - - - - - - - - - - - - - - ------------------------------ 100
Total acreage --------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 190, 720
Total ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - acres... 1,028, 800
In all, a grand total of 2,893,034.44 acres.
CHA PTE R XXII.
To JUNE 30, 1882.
{See page 962.]
To JUNE 30, 1883.
[See page 1277.]
G R A D UAT I O N A C T .
To JUNE 30, 1880.
The graduation act of August 4, 1854, and amendments, was to “cheapen the price of
lands long in market for the benefit of actual settlers and for adjoining farms.” It
graduated the price of public lands, which had been in market and remained unsold
for ten years and upward, to actual settlers, the prices varying from $1 to 12% cents
per acre, according to the length of time the tracts were in market, respectively. All
lands that had been in the market for ten years, and were unsold, were to be sold at
$1 per acre; for fifteen years or upward, and remaining unsold, were to be sold at 75
cents per acre; for twenty years or upward, and remaining unsold, were to be sold at
50 cents per acre; for twenty-five years or upward, and remaining unsold, were to be
sold at 25 cents per acre; for thirty years or more, and remaining unsold, were to be
sold at 12% cents per acre. Thousands of entries were made under the provisions of
this act, and in pursuance of regulations made by the Commissioner of the General
Land Office, the periods and principles of which were confirmed by act of Congress of
March 3, 1855. These entries were of two classes: The first, consisting of such as were
made by persons already residing upon and cultivating adjoining farms, and who en-
tered the lands for the use of such farms; and the second, consisting of such as were
made by parties who either already were settlers and cultivators of the entered tracts,
or who contemplated at once becoming such. In entries of the first class, if on exam-
ination at the General Land Office they were found regular in every respect, as re-
ported from the district land offices; if the preliminary affidavit of the person on
which the entry was allowed was found to designate the original farm tract, and this
to adjoin the tract entered for its use, according to law, the entries were patented and
the patents delivered in regular course, without further proof being required. -
In entries of the Second class, proof that settlement and cultivation of the entered
tract had been made as contemplated in the law was required to be produced before
the patents were delivered. Many entries of this class were made, the proof of settle-
ment and cultivation produced, and the patents delivered according to rule; but there
were many other cases in which the required proof was not forthcoming, and in these
the delivery of the patents was suspended to await its production. Under the confirm-
atory act of March 3, 1857, the patents were delivered, on application therefor, with-
out the proof being required in all such cases, where the entry was allowed prior to
the passage of that act, and where it was not found to have been fraudulently or eva-
sively made. Subsequent to the passage of that act, and prior to the 2d June, 1862,
when the graduation law was repealed, a large number of entries were allowed under
that law, and in the course of business there came to be many patents for entries so
allowed, the delivery of which was suspended for the reason that the required proof
of settlement and cultivation was not forthcoming.
To this class of cases the confirmatory principles of the act of March 3, 1857, were
made applicable by the act of February 17, 1873, and the issuing of patents has since
continued.
The quantity of land sold under the graduation law of August 4, 1854, as shown
from the General Land Office reports, is 25,696,419.73 acres.
Lands sold at graduation prices in the third quarter, ending September 30, 1862,
after the repeal of the graduation law, June 2, 1862, and before district officers were
aware of such repeal, are included in the above.
h
291
CHA PTE R xx III.
To JUNE 30, 1882.
[See page 962.]
To JUNE 30, 1883.
[See pages 1277, 1278.]
C 0 A L L A N D S.
To JUNE 30, 1880.
Prior to 1864 coal lands were not specifically noted for reservation or sale, but
were disposed of as other public lands under settlement or other laws, until the pas-
sage of the pre-cmption act of 1841. . -
The act of Congress of July 1, 1864, for the disposal of coal lands and town prop-
erty on the public domain, authorized the sale of the coal lands which had been
excluded from sale, as mines, by the pre-emption act of 1841. Under this act they
became subject to pre-emption at the minimum of $20 per acre, after offering, under
proclamation of the President, at public sale to the highest bidder, in suitable legal
subdivisions.
March 3, 1865, an act was passed by Congress supplemental to the act of July 1,
1864, giving citizens of the United States, who were engaged in coal mining for com-
merce, the right to enter, at the proper district land office, 100 acres of land, or less,
at $20 per acre.
The act of March 3, 1873, gave a pre-emption right of 160 acres of coal land to a
person, and 320 acres to an association, upon payment of not less than $10 per acre,
where the lands lie not more than 15 miles from a completed railroad, and $20 per acre
where the lands lie within 15 miles of such a road; and further provided that when
any association of not less than four persons have expended $5,000 in working and
improving any mine, located within limits as above, they may make an additional
entry of 640 acres at the several limit prices. (See secs. 2347–2352 R. S.; Regulations
of General Land Office, April 15, 1880.)
The rectangular system of surveys is extended over coal lands, and they are sold in
conformity with the legal subdivisions thereof. •
The method of designation or classification, by noting character of land in field
notes by deputy surveyor, and marking on plats, when known, or of proof at the
district land office prior to time of filing, is similar to the method of segregation un-
der the mineral act, and is given in detail in the Regulations of the General Land
Office, April 15, 1880. *--------------">~
ESTIMATE OF AIREA OF COAL MEASURE.
The estimated area of coal lands on the public domain, the property of the United
States, is as follows:
Acres. Acres.
Washington Territory:
Area---------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - 829, 440
Sold------------. ----------------------------------------. 3,350
- 826,090
Oregon - -
Area------------------------------------------------------ 414,720
Sold------------------------- * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 185
— 414,535
California : ... *
Area------------------------------------------------------ 247,820
Sold ------------------------------------------------------ 1,800
- — 246,020
COAL LANDS. 293
Colorado: - 'Acres. Acres.
€8-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------- 1, 128,225
Sold.----------------------------------------------------- 600
1, 127,625
Utah : -
Area----------------------- tº a s gº º se sº sº dº º ºs ºs º ºs º ºs sº sº tº º ºs º ºs º ºs as sº ºne e s sº 2,764,800
Sold ----------------------------------------------------- tº 2, 180
-— 2, 762, 620
Area------------------------------------------------------ 10,800
Sold ------------------------------------------------------ 720 g
- — 10,080
Wyoming, at least ------------------------------------------------------ 42,000
Dakota, at least -------------------------------------------------------- 50,000
Montana, at least ------------------------------------------------------ 50,000
Arizona, no coal yet discovered.
Nevada, no coal yet discovered. .
Nebraska, the coal-bearing rocks cover an area of 3,600 square miles, but on
account of the smallness of the veins—none exceeding one foot—the coal
is of no commercial value.
hº Territory, the coal-bearing rocks cover an area of 13,600 square
€8.
Arkansas, the coal-bearing rocks cover an area of 12,000 square miles.
Total acres------------------------------------------- - - - - - - - - - - - - - 5,528,970
New discoveries in Colorado, Utah, Wyoming, and Dakota will increase the amount
given above considerably.
FNTRIES UNDER THE COAL LAND ACTS.
Erom 1866 to June 30, 1880, under the coal land acts there have been 78 entries at
district land offices, containing 10,750.24 acres, for which the United States received
$146,999.25, as follows:

State or Territory. Entries. Acres. Amount.
California ---------------------------- -----------------------------. 18 2, 154, 79 || $32.972 75
£ºn * g g g tº gº tº s = * ** s sº s = e º sº sº sº sº as e as s s sº sº as sº tº as we tº sº e s is ºn e º e º ºs e º º is ºn tº º is a s m e º sº * * 2 185, 18 1, 851 80
tah -------------------------------------------------------------- 13 | 1, 815. 64 21, 524 00
Washington -------- - - --------------------------------------. -- 26 || 3, 556.92 45, 109 00
Wyoming ---------------------------------------------------------- 6 1,355.00 27, 100 00
New Mexico ---------------------------------- - - - - - - - - - - - - - - - - - - - , 5 721, 35 7, 220 10
Colorado. ---------------------------------------------------------. .8 961. 36 11, 221 60
Total.------------------------------------------------------. 78 || 10,750. 24 146, 999 25
Cash sales of coal lands by fiscal years to June 30, 1880.

1866. 1867. 1868.
States and Territo- | . . e +3 & 43 wº e
ries. § tº 5 3. tº 5 : 3. tº à
is & 3 || 3 | # 3 || 3 || 3 Q
º © 8 3. © E. g: G - :
º <! <! 5: <! <d ſº <!
California......----- 2 240.00 || $4,800 00 | 1 160.00 $3,200 00 | 1 160, 00 $3,200 00
Oregon -------------- ---|----------|------------ * * * * * * * * * * s tº e º 'º I º º ºs º 'º e º 'º e ºs e is s tº e s tº º ºs s e º is sº sº e a tº gº tº gº e º ºs º º sº º
Utah ---------------- as sº as sº I is º ºr e º º ºs e º tº 0 is a tº E tº nº e º gº sº gº º * º º is ; is sº º is º & sº a s sº y = * * * * e is a sº e º a as sº ºn tº $ tº gº ºs º ºs º e ºs e = | s e º º ºs º e s tº e º sº
Washington......... s e º e º sº tº e º 'º s is dº º ºs I º tº gº º sº * is sº gº e º gº * * * * : * * * * * * is s tº e i s º ºs as tº sº e º sº gº º & * * * * | * = e º ºs e e º 'º a sº as g g tº as tº E tº º
Wyoming. --...----- * * * * | * * * * * * * * * * tº e º º ºs e º ºs º º º ºr * * * * * * * > e º gº ºn tº º a e º 'º º sº dº is º ºs º is s tº e s : * * * * * * e º gº s e º ºs º gº º ºs º º 'º º º
New Mexico......... s is & sº º º ſº tº $ & © tº e º & e º º ºs º ºs e º 'º º sº. * * * * e º º ſº º º sº º ºs º tº e º gº º ºs º º ºs º º sº. * * * * * * * * * * * * *e is s e º º ºs º is º ºs = º º º
Colorado............. tº gº sº e I s ºs s as tº s º sº * * I tº º ſº tº gº º ºs ºse tº.- - - - - - - || " " " " " " s s m tº , s s is sº sº º ſº tº º tº º ſº s sº ºr , ; * * * * * * * = sº s as sº as tº tº º, º ºs & º ºs &
Total.... ...-----| 2 240.00 4,800 00 | 1 160.00 3, 200 00 1 * 160. 00 3, 200 00
294
COAL LANDS.
Cash sales of coal lands by fiscal years to June 30, 1880–Continued.

1869. 1870. 1871.
States and Territo- . -> º s +5 iº. - - . –
ries. # a # #| = 5 # 3 #
# # 3 || 5 || 3 © E | # ©
;: © 8 E. O 8 C. Q 8
ſº <! <! R <! <! R <! <!
California ----...---- 4 200.00 || $4,000 00 | 1 160.00 $3,200 00 2 274, 79 $3,772 75
Oregon. ------------- * - - - - - - - - - - tº tº º as - - - - - - - * * * * * * * * * : - - - - - - * * * = | * * - - - - - - - - e s s. • • - ? - - - - - - - - - - - - - - - - - - - - - -
Utah ----------------|. - - - I - - - - - - - - - - I - - - - - - - - - - - - I - * * * * * * * * * * * * * | * * * * * * * * * * * * : * * * * : * * * * * * * * * * * * * * * * * * * * * *
Washington - - -----|--|----------|------------ • ‘ I • * * * * * * * * * : * * * * * * * * * * * * i < * * - I - - - - - - - - - I e = e = * * * * * * * *
Wyoming.----------- * - - - - - - e s = • , as º - - - - - - - * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * r * * i • * * * * * * * * * : * * * * * * * * * * * *
Nów Mexico.. --...--. • * * : - - - - e º s sº e º I e º 'º - - - - - ºn sº * * I • * - - - - - - - - - - - as e i = - - - - - - - - - - - * * I • * - - - - e s is sº I e e s m - - - - - - * *
Colorado.------------ • * * - - - - ºn s e. me e s e i tº as e - - - - - - * * * : * * * * 1 - - * * * * * * * * I s sº - - - - - - * * * *s t s sº * * * * - - - - - s • * * • * * * * *
- Total.------------| 4 200, 00 4,000 00 | 1 160.00 3,200 00 2 274. T9 3,772 75
1872. 1873. 1874.
States and Territo- . +5 " . +5 • +5
rics. | # ad 5 # 3 5 3. o, 5
+: | 3 © 5 3 C # § 3
ſº © 3 g © E R. Q H
ſº <! <! ſº <! <d ſº <! <!
California. ---------- • * * : * - - - - tº e s = e tº se - - - - - as º ºs e º a * = e i - - - - a es sº a tº e i s m sº - - - - - - - as is e º ºs I - - - - - * * * * *s i as e e s m - - - - - -
Oregon --------------|. * * - I - - - 9 s tº e ºs º ºs I = - - - - - - - e s m e * * * r * * * * * * * * * * i s = * * * * * * * * * * 1 | 160.00 $1,600 00
Utah --------------- * * * : * - - - e º e ºs ºs s a - - - - - a tº e s is s * * * I a - - - m ºn as s tº ºne e nº e º e - * * * * * - • *.* - I - - - - - - - - - - - -
Washington. --------|. * * * : * - ºn s tº s sº º º º º ºs e º ºs e º ºs e s : * * - - - - - - , ºr sº º sº e as tº nº º sº - - - - - - - sº 3 484.00 4, 848 30
Wyoming-----------|--|--|----------|------------|- * - - - - - - - - - - tº sº tº a º ºs º - - - - - - is ºr it is sº - - I - - - - - - - - - - - - - - - - - - - - - -
New Mexico...... --. • * * * * * * * * * * * * * * : * * * * * * * * * * * * * * * - - - - - - - - - * * * * : * * - - - - - - - - * * * * * * - - - - - - - * * * * * * * * * - - - - - - -
Coloradô-...--------. e = * * : * * * * * * * * * * * * * * * * - - - e º ºs º is it ºn * - - - - - - - - - - - - - - as sº - - - - - - - - * = * = a - - - - - - - - - - sº º e º se - - - - - - - -
Total.----------- - - - - - - - - - - - - - - - - - - - - - - - - tº s • * * * 1 - - - - a s ºn a s e : * * * * * - - - * * * * 4 644.00 6,448 30
1875 1876, 1877
States and Territo- . º e - -- e
ries. § 3 à || 3 || 4 # #| 3 à
§ 3 © E | # © 5 || $: C
;: © f g: © 8 : R. © . 8
º <! ſº <! <! ſº <! <!
California......----. # 160.00 || $1,600 00 || 2 | 400.00 || $4,000 00 || 4 || 440.00 || $5,200 00
Oregon ------------- . 25, 18 251 80 |--|--|-----. ----|------------|. s = . . . * * * * * * * * * 1 s e º a • - - - - - * *
Utah ---------------. 4 576.76 7, 53520 I 122.40 1,224 00 4 480, 00 4, 800 00
Washington......... 10 | 1,399.77 | 13,997 70 || 3 || 480.00 6,400 00 || 3 || 400.00 4,000 00
Wyoming . . . . . .-----| 3 440.00 8,800 00 2 760. 00 15, 200 00 1. 155.00 3, 100 00
New Mexico ........ * * * : * * * * * * * * * * r * * * * * dº º ºs e º 'º º * - ºn s : - - - - - - - sº es e = * * - - - - - * * * : * sº º ºs • * * * * | * * * * * * * * * *
Colorado. --...-...--- e = * * | * * * * * * * * * * * * * * * * * * * * * * * • - - - I - - - - - - - - - I - - - - - - - - - - - - 1 80. 00 1,600 00
Total.----------- 19 2,601.71 | 32, 184 70 | 8 1,762.40 26,824 00 | 13 1,555.00 | 18, 700 90
1878. 1879. 1880.
States and Territo- . —— - º & +3
ries. .# a; # § a; # 3 wi 5
3 $2 C 5 § © É g 2
ſº © E. ;: Cº 8 F: © 3.
ſº <! <! º <! <! º <!
California. -----...--. * * * * * * * * * * * * * * * : * * * * * * * * * *, as e. e dº º sº ºr e º 'º - e s an as as s is sº * * * * * * * * * as at e º 'º - * * * * * * * * : * * * * * * * * * * * *
Oregon. ------------. is tº º º i - - - * * * * * * * * * * * * * * * * = { * * * * : * - - - - - as ºs e ºs I e ºs e º 'º - - - - * * * s e º sº I • * * * * * * * * * : * * * * * * * * * * * *
uſtº...III. 1 | 160.00 $3,200 00 |. ---|----------|------------ 3 || 476. 48 $4,764 80
Washington.--...--. 1 40.00 800 00 1----|----------|-----------. 6 753. 15 15,063 00
Wyoming ------...--. * * * * : - - - - º ºs º ºs ºs s is se mº e - - - e º ºs s se ----|----------|------------ se ºs e º - - - - - - - - - - tº º ºs º e - - - - - - -
New Mexico......... * * * * : * * * * * * * * * * * * * * * * * * * * * * • * * * : * ~ * * * * * * * = i e s as sº is e an º' - e º s 5 721. 35 7, 220 10
Colorado. ... ---. ... • * * * | * * * * * * * * * * f * * * * * * - - - - ºr s 2 200. 80 $2,416 00 5 680. 56 7, 205 60
Total.------------ 2 200.00 4,000 00 2 200, 80 2,416 00 | 19 || 2,631.54 34,253 59
CHA PTER XXIV.
To JUNE 30, 1882.
[See pages 969, 970.]
To JUNE 30, 1883.
[ ee page 1278.]
Do NATION ACTs.
To JUNE 30, 1880.
TERRITORY OF EAST FLORIDA, OREGON TERRITORY, WASIIINGTON TERRITORY, AND
TERIX ITORY OF NEW MEXICO.
August 4, 1842, in view of Indian difficulties therein, in “An act for the armed occu-
pation and settlement of the unsettled part of the peninsula of East l'lorida,” Con-
gress provided “that any person being the head of a family, or a single man over
eighteen years of age,” able to bear arms, who had made or should “within one year
from and after the passage of this act make an actual settlement within,” a certain
portion of the peninsula, should be entitled to one-quarter section of land for which he
should receive a permit. The whole donation was limited to 200,000 acres of land.
This was the first of the donation acts to induce settlements on the public domain in
dangerous or distant portions of the nation.
By an amendatory act of the 15th of June, 1844, settlers might erect their dwellings
and reside upon other than the quarter section described in their permit, provided the
lands upon which they erected their haloitation should be paid for; and authority was
given to certain settlers to perfect their title to the quarter sections described in their
permits, by paying for the same. And by an act approved July 1, 1848, all persons to
whom permits were granted, and who made settlement without having voluntarily
relinquished and abandoned the same, but continued to reside south of the line specified
in the act of 1842, were declared entitled “to a grant and patent for the land so occu-
pied or settled by him, the same as if all the conditions and stipulations of Said acts
* * * had been fully and strictly complied with.” O
This act also provided for an agent to take testimony, and required him, within five
months from the commencement of his duties, to transmit all proofs and report his
opinion to the Commissioner of the General Land Office for decision. Accordingly,
Hugh Archer, esq., of Florida, was appointed agent on the 18th of August, 1848.
His duties commenced on the 12th of October, 1848, and terminated on the 12th of
March, 1849. By a clause in the general appropriation act of June 3, 1849, the pro-
visions of the act of July 1, 1848, were extended until the 1st of October, 1849.
There were no entries made under the act of August 4, 1842, but it was amended
after 1843. This act resulted in the patenting of 1,317 claims, as follows:
Number of entries made under the armed-occupation act of August 4, 1842, with the approxi-
mate acreage, and number of entries made in each land district in Florida. t

is a tº - Number Approximate
Districts. Year of jes. acreage.
Acres.
Saint Augustine.----------------------------------------------------. 1842 10 1, 600
Do -------------- sº gº sº e º 'º º º e e º sº as s = º tº as as tº º ºs º º is sº º ºs º ºs e º ºs e s sº s º ºs e º sº gº tº s ºr * 1843. 358 57, 280
Newmansville ------------------------------ -------------------------- 1842 33 5, 280
Do . -----------------------------------------------------------. 1843 916 146, 560
Total.----------------------------------------------------------|-------- 1,317 210,720
295
296 - DONATION ACTS.
OREGON DONATION ACT.
The next donation act was passed for Oregon Territory September 27, 1830. The act
provided for making surveys and donations of public lands in Oregon, and related to
two classes of settlers. It granted to the first class of actual settlers of the public
lands there, who were such prior to the 1st September, 1850, a donation of the quan-
tity of a half section, or 320 acres, if a single man; and if married, the quantity of an
entire section, or 640 acres, one half to the husband and the other to the wife in her
own right; and to the second class, who were or should become settlers between the 1st
December, 1850, and the 1st December, 1853, it granted the quantity of a quarter sec-
tion, 160 acres, to a single man; and if married, the quantity of a half section, or 320
acres; one-half to the husband and the other to the wife, in her own right.
The first class of beneficiaries embraced white settlers or occupants, American half-
breed Indians included, above the age of eighteen years, who were citizens of the
United States residing in that Territory, and those not being citizens who should make
their declaration of intention to become such on or before the 1st December, 1851.
The second class embraced white male citizens of the United States above the age
of twenty-one years, or persons who had made a declaration of intention to become
citizens, emigrating and settling in that Territory between the 1st December, 1850,
and 1st December, 1853. -
The act of February 14, 1853, extended this time to December 1, 1855. Emigrants
becoming married within one year after arriving in the Territory, or within one year
after becoming twenty-one years of age, were entitled to the advantages accorded to
married men. Residence on and cultivation of the land for four consecutive years was
necessary to insure a patent from the Government. Mineral lands were excluded from
being located under the act.
The act of February 14, 1853, amendatory of the said act of 1850, provided that
in lieu of the term of four years' continued occupation after settlement, required by
said act, claimants should be permitted, after two years' continuous residence and
occupation, to pay for their lands at the rate of $1.25 per acre, and subsequent legis-
lation still further reduced this time to one year. The act expired by limitation De-
cember 1, 1855. It resulted as follows:
Number of donation certificates issued in Oregon, under the act of Sep-
tember 27, 1850, and supplemental legislation (9 Stats., p. 496). ... --. 7,317
Number of acres of land covered thereby......................... ----- 2,563,757.02
WASHINGTON TERRITORY DONATION ACT,
By the act of March 2, 1853, establishing the Territorial government of Washing-
ington, part of the then Territory of Oregon was detached and constituted the Terri-
tory of Washington, and by the sixth section of the act of July 17, 1854, all the pro-
visions of the donation law were extended to the latter Territory. The act expired
December 1, 1855. The following statement shows the entries under the same:
Number of donation certificates in Washington Territory, under act of
March 2, 1853, and supplemental legislation (10 Stats., p. 172) ..... ---- 985
Number of acres of land covered thereby - - - - - --------------------------- 290,215. 35
The year when the donees entered their respective claims, under the various acts of
Congress, in Oregon and Washington Territory cannot be determined in the General
Land Office, as some of the notifications are dated and some are not. These entries
should all have been made as directed by the sixth section of said act of September
27, 1850, amended by the third section of the act of July 17, 1854 (10 Stats., p. 305).
Those who failed to file their notifications as required by law, were relieved by the
act of June 25, 1864 (13 Stats., p. 184).
NEw MEXICO TERRITORY DONATION ACT.
Congress, July 22, 1854, in the “act to establish the offices of surveyors-general of
New Mexico, Kansas, and Nebraska,” provided in the second section for a grant of 160
DONATION ACTs.
297
acres of land to every white male citizen of the United States, or who had declared
his intention to become such, above the age of twenty-one years, who was residing in
the Territory of New Mexico prior to January 1, 1853, and at the date of the passage
of the act of July 22, 1854. The same grant was made to the same classes of persons
who removed or should remove to said Territory between January 1, 1853, and January
1, 1858. The applications were filed with the surveyor general, and afterward in the
district land office. Actual settlement and cultivation for four years were made con-
ditions of this grant, except where the grantee desire to pay cash, at $1.25 per acre,
which was permitted under the seventh section of the act. This law is still in force.
The following table shows entries by the year under this act:
New Mexico donations, under the act of July 22, 1854 (10 Stat., 308) reported to the General
Land Office up to June 30, 1880.

- - No. of cer- -
Year when notification was filed. tificate. Area.
Acres.
1870-------------------------------------------------------------------------- 7 1, 120.00
1873-------------------------------------------------------------------------- 29 4, 519. 15.
1874-------------------------------------------------------------------------- 6 960. 00.
1876-------------------------------------------------------------------------- 7 1, 120.00
1877-------------------------------------------------------------------------. 18 1, 520.00
1880-------------------------------------------------------------------------- 68 10, 865.84
Total ------------------------------------------------------ • * * * * * * * * * * 135 20, 104.99
C H A P T E R X. X W.
To JUNE 30, 1882.
[See pages 970–978.]
To JUNE 30, 1883.
[See pages 1278, 1279.]
TOW N-SITE AND COUNTY-SIE AT ACTS.
To JUNE 30, 1880.
Under the town-site acts there have been located on the public domain 420 towns,
with an acreage of 144,131.23 acres. -
Under the county-seat act eight counties have secured a total of 886.68 acres.
The benefit of the town-lot act has been taken by six towns, and a total of 643
blocks located thereunder, or 3,840 acres.
Under the law authorizing the President to reserve town sites, but one town has
leen reserved—the town of Sault Ste. Marie, Mich., containing 59 acres—was con-
firmed by the act of September 26, 1850. Under all acts, 148,916.91 acres.
TOWN SITES.–THE FIRST ACTS.
The acts of Congress of June 13, 1812, and May 26, 1824, and subsequent laws, con-
firmed to the inhabitants of certain towns and villages in the Territory of Missouri,
their holdings, which they had inhabited, cultivated, or possessed prior to December
20, 1803. This rule as established was uniformly followed in the approval of town
holdings in the portions of the Nation which were acquired by purchase or annexations
TOWN-SITE LAWS.
The laws of the United States providing for the reservation and sale of town sites
on the public lands are found in Title 32, Chapter VIII, of the Revised Statutes of the
United States, sections 2380 to 2390, inclusive. -:
These laws are very liberal in their provisions, and contemplate not only the entry
of land already settled upon for purposes of trade, for the benefit of the citizens
of the town, but provide for the selection and reservation of land, whether surveyed
or unsurveyed, for town sites “on the shores of harbors, at the junction of rivers,
important portages, or natural or prospective centers of population,” in advance of
the settlement thereof, or of the surrounding country.
In the pre-emption law of 1841 (sec. 10, 5 Stats., p. 455, and sec. 2258 R. S.), the fol-
lowing classes of lands were reserved from pre-emption settlement and entry, viz.: 1st.
“Lands included within the limits of any incorporated town, or selected, as the site
of a city or town”; and 2d. “Lands actually settled and occupied for purposes of trado
and business, and not for agriculture.” •
The same provisions apply to lands subject to entry under the homestead law. (Act
May 20, 1862, 12 Stats., p. 392; sec. 2289 R. S.) -
The same reservation is made in direct terms, or by implication, in nearly all the
acts of Congress providing for the various classes of scrip. (See cases of Seattle town
site; the City of Chicagovs. Valentine; Superior City vs. Scrip, Secretary's decision,
June 23, 1862.) - -
The objects and benefits to arise from this reservation from settlement and entry on
lands within the corporate limits of a town are, to a great extent, set forth in the de-
cision of Mr. Justice Miller, in Root w8. Shields. (1 Woolworth, C. C. Reports, 342.)
The act of March 3, 1877, entitled “An act respecting the limits of reservations for
town sites upon the public domain”, (19 Stats., p. 392), was passed to remedy the evil,
in certain cases, of the incorporation by the State or Territorial legislature of a town
with limits covering larger areas than the maximum quantity of 2,500 acres.
298
TOWN SITES AND COUNTY SEATS 299
The law provides three methods of acquiring title to town property:
First. Where the President of the United States has directed the reservation pro-
vided for by section 2380, IRevised Statutes.
Second. In cases where towns have already been established, or where parties de-
sire to found a town ; and
Third. Under section 2387 of the Revised Statutes, the entry of land, settled and
occupied as a town site, by the corporate authorities, if the town be incorporated, or,
if unincorporated, by the county judge, for the use and benefit of the several occu-
pants.
The manner in which these entries are to be made is fully prescribed by the statute,
and need not be mentioned liere in detail.
Under the provisions first mentioned, there is no limit prescribed by the law as to
the area that shall be disposed of for the benefit of the town or its inhabitants, or of
the quantity that may be purchased by any one person.
Under the second method the town is to be surveyed into lots and blocks, and a plat
, thereof constructed, the exterior limits of which shall not describe an area of exceed-
ing 640 acres.
Under the third method the area that may be entered for the benefit of the town
will depend upon the number of the occupants.
Where title is to be acquired under either the first or second method, the patent will
issue from the United States directly to the party purchasing or to his assignee.
Where an entry has been made under the third method, which is, probably, the least
expensive manner of acquiring title, the patent will be issued to the mayor or trustees
of the town, if incorporated, or to the judge if not incorporated, who receive the
title as trustees for the benefit of the several occupants of the town. This trust is to
be executed in accordance with the laws of the State or Territory in which the town
is located. - -
The statutes referred to are the only general laws providing for the establishment
and entry of town-sites upon the public domain.
The act of May 26, 1824 (sec. 2286, R. S.), provided for the pre-emption, at the
minimum price, of a quarter section of land in each county or parish, respectively,
for the establishment of seats of justice therein. Under these provisions several entries
for county seats have been made in recent years.
The act of August 11, 1876 (19 Stats., p. 227), providing for the disposal of the Osage
ceded lands in Kansas makes special provision for the disposal of lands for town sites
and to town companies. But two applications have been presented under this law,
Thamely, the towns of Parsons and Oswego, in the Independence land district.
Besides these, and prior to the enactment of the general laws, many towns upon the
public lands had been established by special laws of Congress.
The act of March 3, 1863 (sec. 2380, R. S.), was for increasing the revenue by res-
ervation and sale of town sites on public lands. The President was to reserve by
proclamation town sites at points where his judgment might dictate, and the Secre-
tary of the Interior was to cause the same to be surveyed into urban or suburban lots,
be appraised, vallie fixed, and sold at public outcry to highest bidder; after this, to
be held for private entry as Secretary should direct. Under this act, the register and
receiver directed sales and made returns for the same, and the United States issued
patent. (See Report Commissioner General Land Office, 1866.)
Under this act but one town has been established. t
Under Sec. 2382 of the Revised Statutes six towns have filed the required plats, and
the occupants have made entries as provided by law.
Under the act of 1867 (sec. 2387, R. S.), many of the most flourishing towns in the
West have been entered.
30()
Town SITES AND county SEATs.
List of town sites on the public lands, the date of entry, and area, and the act wnder which
the entries were made, as shown by the town-site docket, General Land Office, to June 30,
1880.
Date of entry. Town site. seaſºn A.Il Act.
October 25, 1859 ------ Onoeta ---------------------- Minnesota ... --. 320 May 23, 1844.
October 17, 1861 ..... Garnett. -------------------. Ransas --------. 320 Do.
January 26, 1872. ----. Prescott ------------------- Arizona - - - - - - -. 322.44 || March 2, 1867.
September 7, 1859 - || Ogden --------------*-------- Iºansas . . . . . --. 160 May 23, 1844.
June 9, 1857 --...--... Shelbyville ----------------. Minnesota ------ 80 Do.
November 12, 1861. ... Burlingame - - - - - - - - - - - - - - - - - Kansas --------. 320 Do.
April 22, 1858 - . . . . . . Charleston ------------------|--- -do ----------- 191. 30 Do.
June 20, 1859 - - - - - - - - Ashland --------------------|- ---do ----------- 320 Do.
July 19, 1861 - - - - - - - - Centralia . ------------------ ----do ----------- 320 Do.
August 30, 1858 ------ Le Sueur . . ----------------. Minnesota. ----- 120 Do.
November 3, 1860. ...| Le Sueur City -------------. -- do ----------- 280 Do.
August 4, 1860 - - - - - - - Irving --------------------- Kansas --------- 280 Do.
April 11, 1861 ........ Crescent City. ---------...-- California. -----. 266.75 Do.
March 2, 1859 - - - - - - - - Burlington.--------------- --| Kansas ---------| 320 Do.
June 24, 1859. -------- Derea . ------ • - - - - - - * * * * * * * * * ... --do ----------- 240 Do.
November 24, 1860 - - -] Belle Prairie. -- . . . . . . . . . . . . . Minnesota ... ---. 246.40 Do.
January 29, 1858...... Prairie City----------------- JS anSaS - - - - - - - - - 320 Do.
July 20, 1858 ... --...--. |------ do --------------------- ----do ----------- 320 Do.
February 25, 1859 - - - - Archer - - - - - - - - - - - - - - - - - - - -. Nebraska ------- 255.97 Do.
December 11, 1856 ---| Ashland --------------...--. Wisconsin -----. 280. 53 Do.
September 16, 1857 --- Americus : - - - - - - - - - . . . . . . . . . Ransas -------- 320 Do.
May 2, 1857 . . ... --. Dlack Jack ----...----------. . . --do ----------- 160 Do.
April 30, 1858 -- . . . . . . Brownville. --...--...-------- ----do ---------- 320 I}o.
August 12, 1859 ------| Beatrice - - - - - - - - - - - - - - - - - - - - Nebraska ------. 320 Do.
April 28, 1858 ..... -- Bloomington - - - - - ----------- Ransas --------- 320 Do.
July 12, 1859 -...--...- : Canton - ... --------------- ----do ----------- 160 Do.
July 23, 1858 - - - - - - - - - Cleveland City..... --------. Nebraska... ----- 289. 50 Do.
August 30, 1858 ... --- incinnati ------------------|- ---do ----------. 160 Do.
July 1, 1858 ----------| Clinton --------------------- Ransas --------- 320 Do.
April 21, 1858 --...--. De Soto-------------------- ---do ----------- 80 Do.
ATIgust 9, 1859 - - - - - - - Capioma --------------------|- ---do ----------. 320 Do.
November 29, 1860. --| Geneva. . . . . . . . . . . . . . . . . . . . . . -- do ----------- 320 Do.
July 20, 1858 - - - - - - - -. do --------------------. Nebraska. -----. 320 Do.
October 24, 1857 - - - - - - Eldorado. ------------------. ---do ----------- 320 Do.
November 27, 1860 ---| Eldoro - - - - - - - - - ----...----. Kansas --------- 160 Do.
January 24, 1872 - .... Elk City-------------------. --do ----------. 160 March 2, 1867-
April 11, 1859 - - - - ---|------ do ------------------- Minnesota ...... 297. 03 Mº, 23, 1844.
July 11, 1860 ......... Elizabethtown .............. Kansas --------- 80 O.
August 26, 1857 ------ Elk Horn ------------------- Nebraska ------- 400 Do.
February 4, 1858 . . . . . Elk Horn City - - - - - - -..:----|--|--do - - - - - - - - - - - 320 Do.
August 27, 1858 - - - - - - Glen Rock. ----------------- ----do ----------. 320 Do.
August 18, 1859 ..... Hampton ------------------- Kansas --------. 280 DO.
November 23, 1860 . . .] Iola. . . . . . . . . . . . . . . . . . . . . . ----do -----------| 320 Do.
July 23, 1858 - - - - - - - -. London --------------------. Nebraska ------- 160 Do.
September 12, 1857. --| Leroy ------------...--------. 3InSa S - - - - - - - - - 320 Do.
August 15, 1856 -...--- Irvington.-----------------. Iowa. ----------- 240 Do.
March 19, 1859 - - - - - - - Hiawatha. ----------------- Ransas . -------. 320 Do.
June 17, 1858 - .... --. Georgetown ---------------. Colorado...----. 396 March 2, 1867.
August 16, 1858 ....... Falls City -----------------. Nebraska. -----. 320 Mº, 23, 1844.
September 1, 1860. ...| Saint Joseph................ Minnesota ------ 160 O.
November 15, 1860 ...| Saint Cloud....... . . -------- do ----------- 176.77 Do.
May 22, 1858 . . . . . . . . . Salem ---------------------- Nobraska. ...... 200 Do.
October 30, 1860 - - - - - - Maple Lake. ---------------- Minnesota. ---.. 197. 28 Do.
May 5, 1859 ---------. Robinson . .----------------. Kansas --------. 20 Do.
November 3, 1860 - - - - Red Stone .... ------...------. Minnesota. ----- 320 Do.
January 11, 1859...... Toledo --------------------- Ransas ... ------ 320 Do.
January 19, 1859...... Tecumseh ------------------ Nebraska....... 320 Do.
August 11, 1859 -.... Topeka --------------------- Ransas --------. 62. 60 Do.
August 27, 1858 ..... Table Rock..... -----------| Nebraska....... 320 . Do.
July 2, 1859 ----------| Wilmington .......--------. Ransas --------. 320 Do.
June 25, 1858......... Waubaunsee ........ sº e s = * * * : * ---do ----------- 297.25 Do.
Qctober 6, 1860 -------| Young America ...... -----. Minnesota ...... 172. 40 Do.
June 22, 1859..... --- Ponca ---------------------- Nebraska ------. 320 Do.
May 29, 1860 ---------| Potosi ...................... Kansas --------. 320 Do.
August 12, 1859 ....... Padonia -------------------- ----do ----------- 320 Do.
August 3, 1859 - ...... Plymouth------------------- ----do -----------| 320 Do.
May 27, 1858 ......... Palmyra --------------------|- ---do ----------. 320 Do.
December 14, 1875 ...] Smith Centre ...............|. ---do ----------. 160 March 2, 1867-
January 14, 1858 . . . . . Pleasant View - - - - - - - - * * * * * * ----do ----------. 80 Me, 23, 1844.
September 1, 1858 ....| Pawnee City................ Nebraska....... 160 O.
June 10, 1857 - ........ Paris --------------------- Eansas . . . . . . -- . 160 Do.
July 12, 1859 - - - - - Pottawatomie ------ - - -...--.]. ---do ---------- 320 Do.
November 14, 1860 ...| Neosho Falls . . . . . . . ........ ---do ----------- 320 Do.
September 14, 1859 . . . Mound City ...... -------... --do ----------- 320 Do.
June 3, 1856. --------. New Ulm. ---...------------.] Minnesota ------ 314. 40 I}o.
June 23, 1858. -----. Nemaha Falls ---------...---. Nebraska....... 200. 55 I}o.
January 13, 1859 ----. Marion ----------------- tº º ºr SaS - - - - - - - -. 320 Do.
June 23, 1858. . ....... New Lexington. -----------. ----do ----------- 320 I}o.

TOWN SITES AND COUNTY SEATS:
301
List of town sites on the public lands, the date of entry, and area, &c.—Continued.
e State or Terri- || Area in .*
Date of entry. Town site. tory. 3.CreS. Act.
April 16, 1858 - - - - - - - Nemaha City ...------------. Nebraska. . .----. 320 Mº, 23, 1844.
# 17, 1858 - - - - - - - - - Olatho --------------------- Ransas . . . . . . . . . 320 Jo.
September 25, 1858 ... Palmetto . . . . . . . .----------. do ----------. 320 DO.
October 12, 1860 - - - - - - Tremont City. ---------...--. Minnesota -----. 200 Do.
June 8, 1860. -- - - - - - - - Columbus. ------------------ Nebraska. . .----. 313. 50 Do.
November 23, 1860. ---| Arlington. . . . . . . . ........ --. Minnesota - - - - - - 120 Do.
May 3, 1859 - - - - - - - - -. Ohio City. -----------------. Kansas . . . . . . . . . 320 Do.
April 14, 1856 . . . . . . . . Mazeppa-------------------. Minnesota ...... 320 Do.
July 3, 1856 - - - - - - - - - - Cannon City. --...-----. . . . . . . do ----------- 284. 80 Do.
October 9, 1858 - - - - -. Decatur ! ----------------. NGbraska. . . . . . . . 312.25 Do.
October 31, 1862. - - - - - Geary City ... --------------. Kansas . . . . . . . . 280 Do.
December 22, 1860. --. Cold Springs City . . . . . . . . . . Minnesota. . . . . . . 320 Do.
January 7 1860. . . . . . . Niobrara. ------...... --...--. Nebraska. ------ 340. 20 Do.
July 9, 1858 - - - - - - - - - - North Rock Bluffs ...... . . . . do . . . . . . . . . . 309. 30 I)o.
October 28, 1858 - - - - - - Tecumseh ------------------ Ransas . . . . . . . . . 175 Do.
September 18, 1858 ...| Ashuelot - - - - - -----. . . . . . . . . Iowa. . . . . . . . . . . 320 Do.
September 27, 1877 ---| Sun City. -----------. . . . . . . . Ransas . . . . . . . . . 163. 25 | March 2, 1867.
March 14, 1857 - - - - - - - Saint Clair. ----------------. Minnesota. . . . . . . 320 May 23, 1844.
June 11, 1858 . . . . . . . . Addison -------------------. Iowa. . . . . . . . . . 240 Do.
February 9, 1856 . . . . . Traverse--------------...-- Minnesota . . . . . . 320 Do. -
November 8, 1856 . . . . Harrisburg ................. --do - . . . . . . . . . . 40 Do.
August 16, 1855 -- - - - - Chasea---------------------. --do ----------- 264, 89 Do.
September 5, 1855 . . . . Oronoco . . . ...... ..........|.. --do ----------. 320 Do.
March 31, 1856 - - - - - - - Minneiska -----------------. --do ----------- 289. 15 Do.
August 5, 1856 ... ----. Vernon Springs..... -------. Iowa. ----------- 120 Do.
May 25, 1857 . . . . . . . . . Wyoming------------------. Nebraska. ------ 317. 08 Do.
June 8, 1858 . . . . . . . Ossawatamio ------------... JKansas . . --...-. 320 Do.
September 1, 1858 . . . . . Fontenelle. --...----...--...- .. Nebraska. . . . . . . 320 Do.
July 30, 1858 ---------| Holton...................... Iºansas --------. 344, 28 Do.
April 5, 1858. . . . . . . . . . Willow Springs....... -----. ----do ---------- 3:20 Do.
March 23, 1863. ... . . . . Moneka . . . . . . . * * * * * * * * * * * * * do ----------- 320 Do.
June —, 1859. . . . . . . . . Eureka ------------------. California. . . . . . . . 120 Do.
August 30, 1856. . . . . . . Forest City ---------------.. Iowa ------------ 240 Do.
October 18, 1858 . . . . . . Lexington -----------------. Iºansas.-----.... 320 Do.
June 29, 1864. . . . . . . . . Areata, or Union......... -- California ------ 120 Do.
April 22, 1858 . . . . . . . . Sumner -------------------- Ransas --------. 285. 50 Do.
March 17, 1857........] Omaha. ... ................. Nebraska - - - - - - - 298. 20 Do.
May 27, 1874. ..... --. Central City....... ........ Colorado . . . . . . . . 629. 28 March 2, 1867.
April 11, 1873 - ... . . . . Blick Hawk................ ---do------------ 400 Do.
June 29, 1869. . . . . . . Lehi ----------------------.. Utah. . . . . . . . . . . . 1, 280 Do.
April 20, 1861... . . . . . . Monticello. --...--........ -- Minnesota. -----. 267.72 | May 23, 1844.
April 18, 1861. .... . . . . Moritzious ----------------. ----do. ----------. 268.48 iDO.
September 1, 1858 . . . Ranosha . . . . . . . . ........... Nebraska - - - - - - - 304. 20 Do.
December 14, 1861. ...| Granada .................... Kansas.--------. 160 DO.
April 8, 1864 . . . . . . . . Middle Superior.... ------.. Wisconsin....... 53. 50 Do.
October 27, 1857 . . . . . . Stanton ----------.......... Ransas.--------. 134.38 Do.
October 14, 1857. ----. Greeley. . . ... -- * * * * * * * * * as as ºr º ----do. ----------- 320 Do.
June 3, 1859. . . . . . . . . . Twin Mounds...... . . . . • * *-* * * * ---do------------ 160 Do.
September 27, 1862 ... Jacksonville. ............... Oregon . . . . . . . . 114.69 Do.
July 17, 1865. . . . . . . . . . Walla Walla... . . . . . . . . . . . . . . Washington. . . . . 40 Do.
April 19, 1858. ... ----. Lafayette--------...--...---- Oregon... ------- 163.46 Do.
October 11, 1865 - - - - - - Red Bluff. ------------...--. California -----.. 297. 38 Do.
March 21, 1878... . . . . . Talles.---------------------- Oregon.--------. 38 Do.
January 18, 1864. -- - - - Golden City. ... --...-----.. Colorado - - - - - - -. 320 Do.
January 18, 1869 . . . . . Iºnight's Landing........... California ------- 208. 61 | March 2, 1867
June 10, 1870 - - - - - - - - Guadalupe --------...------. Colorado - - - - - - - - 160 Do. -
June 16, 1863 - - - - - - - - Salina -, ----------------... Ransas. --...----. 320 May 23, 1844.
August 16, 1855.... --. Winona. -----------------... Minnesota. -----. 217. 40 Do.
October 7, 1873 ... ---. Unionville ---------...------- Nevada.---------- 80 March 2, 1867.
December 18, 1874. ...| Pioche. .... --........... -- I -- do-----------. 400 Do.
May 6, 1865. . . ... ----- Denver -------------------- Colorado - - - - - - - - 960 May 28, 1864 (special
- aCt).
October 24, 1864 . . . . . Branciforte ------. . . . . . . . . . . California - - - - - - - 320 May 23, 1844.
November 19, 1873. ...] IPhoenix. ............. ------- rizona --------- 320 March 2, 1867.
October 26, 1860 -----. Clay Centre...--...--...----, -. Iºansas.--------. 320 Do.
June 25, 1873. .......] I)odge City .................]. ---do ----------- 87 Do.
July 1, 1865. -----. . . . . Empire City. ---------...----- Nevada. . . . . . . . . . 480 Do.
March 26, 1864........ Carson City ---. ----------- ----do-----------. 320 May 23, 1844.
July 7, 1875. ---...--.| Arizona City, or Yuma-...--. Arizona -------- 1, 208.37 March 2, 1867.
July 25, 1865. . . . . . . . . . La Plata.------. ----------- California - - - - - - - 120 May 23, 1844.
April 29, 1873. . . . . . . . Genoa. ------.. * * * * * * * * * * * * * * Nevada - - - - - - - - - 320 Do.
November 3, 1869. . . . . Silver City. ----------------. ----do------------ 332 March 2, 1867.
April 11, 1873 - .... ... Green City --...- . . . . . . . . . . . . Colorado - - - - - - - - 80 Do.
February 10, 1873..... Jenny Lind----------------- California. . . . . . . . 40 Do.
February 28, 1873.----| Republic...-----º- sº gº º E * = & Gº tº º is s Ransas.--------. 160 Do.
April 8, 1876. . . . . . . . . Belmont--------------------- Nevada. ---...--. 16() Do.
February 5, 1869 . . . . . Nevada City---------------- California -...----. 644. 68 Do.
November 4, 1872. . . . . Tularosa-------------------- New Mexico . . . . .320 Do.
February 29, 1876. . . . . Palomas -------------------- ----do------------ 733. 07 Do.
April 11, 1873......... Silver City------------------ ----do------------ 639. 60 Do.
302
Town SITES AND county seATs.
List of town sites on the pmblic lands, the date of entry, and area, &c.—Continued.

- & State or Terri- || Area in
Date of entry. Town site. . tory. £10.1:CS.
May 15, 1868. ---...--. Mendocino ----------------- California ------- 70. 70
July 10, 1869 - - - - - - - - - Deer Lodge. ------ - - - ------ Montanº - - - - - - - - 238.40
October 11, 1860 ...... Auburn (first entry)......... California - - - - - - - 640
May 27, 1871. -- .----. Trinidad. ------------------- . -- do. -----------| 111.09
December 26, 1873 - ... San Mateo. ----------------- --- do. ----------- 600, 70
August 10, 1873. ...----. Mount Vernon. . . . . . . . . . . . . . Colorado -------. 160
August 27, 1873. ... -- -] Walsenburg - - - - - - - - - - - ----|-- --do. ----------- 320
January 10, 1869 ----. Pueblo --------------------- ----do ----------- 320
June 19, 1873. -------- Sonora ------------------ California - - - - - - - 600
May 6, 1872 - - - - - - - - - - Wollington - - - - - - - - - - - - - - - Kansas.--------. 320
October 7, 1869 - ...... Daxter Springs. ------------- . . . do. ----------- 160
March 2, 1809 . . . . . . . Liclena -----------------. -- Montana -------. 1,880
November 21, 1871....| Salt Lako City - - - - - - - - - - - - - Utah ----------- 5,730.45
June 4, 1864. --...---. Iłockvillo ------------------- Minnesota. ------ 400
March 23, 1870........ Bozeman ... ----------------- Montana - - - - - - -. 40
July 10, 1872.--------| Radersburg. . . . . --- -...-----|- ...do-----------. 40
July 10, 1871 . . . . . . . . . infield. . . . . . . °- - - - - - - - - - - - - IXansas. ----...--. 160
July 20, 1871 . . . . . . . . Arkansas City-------------- ----do. ----------. 480
July 26, 1872. -- -----| Malvern . ----------------...}. ---do-----. ----. 480
December 18, 1874. ... Sebastopol.-----....... --... California... ---- 121.45
March 28, 1871........ Missoula. ------------------- Montana. ------. 40
April 11, 1872-...----. Green City----...----------- Ransas. . . . . . . . . . . 640
July 13, 1874 . . . . . . . . . Loma -------------------- Colorado. . . . . . . 160
January 13, 1868...... 13oisé City.---------...-------- Idaho. --, ------ 442
April 4, 1878. . . . . . . . . Coalville. ------------------- Utah ------- . . . . . . 720
June 5, 1869 ---------. Nephi City. -----------------|. --do ----------. 1, 280
October 9, 1869 ....... Brigham City--------------. ----do ----------- 1,000
May 1, 1871. ---------. Tooele City ------------- •---|----do ----------- 1, 280
May 10, 1871. --------- Hyrum City .---------------|. ---do ----------. 640
May 10, 1874---------. Ičichmond City ------------- ----do ----------- 840
Raysville ------------...-----|- ---do -----------|- * * * * * *
May 21, 1869.......... Provo City-----------------. ----do ...---------| 1,000
November 4, 1870. . . . . Tillmore City. -------------. ----do ----------- 1, 120
June 7, 1872 . . . . . . . ..] Indepentichco-...------------. Kansas . . . . . . . . . 520
February 10, 1873. . . . . . Del Norto. ------...--........ Colorado -------. 320
December 31, 1870. --. Beaver City. ------ - - - - - - - - || Utall . . . . . . . . . . . 1, 280
February 24, 1872..... Adamsville -----------------|- ---do ----------. 32
July 26, 1877 . . . . . . . . . Portago.--------------------|----do ----------- 160
August 1, 1872 - ...... Spanish Tork City - - - - - - - - - - ----do ----------. 840. 91
June 5, 1809 ... --- . . . . Ephraim City --------------|- ---do ----------- 64()
April 10, 1871......... Saint George City. -----...- --|--- do ---------- 1, 285. 26
June 7, 1869 . . . . . . . . . . Levan ---------------------|- ---do ----------- 240
April 15, 1871......... Cedar City-----------------. ----do ----------- 320
Juno 4, 1869. --...--.. Payson City ----------------|-- --do ----------- 840
June 4, 1869. --... . . Mºroni. --------------------- ----do ----------- 360
May 19, 1869 . . . . . . . . . . Alpine City. ---------------- ---do ------- 480
June 5, 1869 - - - - - - - - -. Mona ----------------------- -- do ---------- 160
May 31, 1869.......... Centervillo. ----------------. ----do ------- 640
May 31, 1869------ . . . . Bountiful ------------------- ----do ----. ----- 1, 280
March 7, 1869 . . . . . . . . Farmington . . . -----------. ---. do -------. . . . 320
August 12, 1870 ...... South Park City ------------ Colorado.------- 320
May 29, 1871.......... American Fork City - - - - - - - - Utah ----------- 1,020
July 9, 1872 - ......... Tucson --------------------. Arizona -------. 1, 280
September 28, 1876 ... Safford ..................... . . . . do -----------| 160
January 18, 1869...... Grass Valley. ------. -------. California. ------ 300
April 1, 1872. --------- South Grass Valley ..... . . . . ----do ----------. 160
May 30, 1872.------...] I’escadero ------------------|. ---do ----------- 87.80
Júly 12, 1869 - ... . . . . . Dayton ----------------- Nevada ......... 720
June 21, 1879. . . . . . . . . Stevensville -----------. -- Montana. . . . . . . . 40
November 25, 1870. ... Colfax ..... ---...-...-----. California. ------ 160
May 20, 1860.......... Springvillo.--------------- : - all -----. . . . . .] 800. 42
June 22, 1871 . . . . . . . . . Coffeyville ------...----------- Kansas ---. . . . . . 231. 23
July 2, 1872 -----...--. Springville------------------ Montana........ 80
December 14, 1871 - - || King City. --- - - - - - - - - - - - - - - - Ransas ---...--- 160
Juno 2, 1869 ------.... Santaquin.------------------ Utah ------...-- 480
June 2, 1869 - - - - - - - - - - Cedar Fort-------------- . . . ---do ----------. 590. 40
September 18, 1869 ...] I’airfield . . --..... . . . . . . . . ----do - - - ------ 440
April 28, 1873. . . . . . . . . I’llillipsburg ------ . . . . . . . . . Kansas --------- 160
March 8, 1872 - - - - - - -. Clarksvillo ----------------- California.------ 40
February 13, 1873 .... Angels----...------...--..... ----do ----------- 160
June 28, 1870. ..... --. Shasta ---------------------- ----do --------- 540
May 20, 1872. ----- . . . . Susanville -------...-...--... ----do ----------- 200
November 10, 1870. ... Ophir - - - - - - -...--...---------- ----do ---------- 120
June 1, 1871 ----...----. Lancha Plana. --...--------. ----do ----------- 100
April 8, 1873 --------. | FIornitas---------------. ----|--- do ... --------- 640
November 18, 1871 - ... San Rafael .................. ----do ----------- 165. 19
December 16, 1877....| Auburn (second entry) ----|---. do ...--...----- 200
March 4, 1872 ------.. San Juan -------------------|- ---do ---------- 303. 50
February 13, 1873 . . . . Altaville. ------------------. ----do ----------- 400
July 7, 1871 . . . . . ----. IPlacerville. ---------------------do ----------- 1, 160
Act.
March 2, 1867.
O.
Do.
May 23, 1844.
March 2, 1867.
Do.
TOWN SITES AND COUNTY SEATS.
303
List of town sites on the public lands, the date of entry, area, &c.—Continued.
e State or Torri- || Area in s
Date of entry. Town site. tory. a CI'é8. A “t.
May 31, 1871 . . . . . . . Oroville. --. --...-----------. California....... 281. C0 | March 2, 1867.
October 20, 1870 - - - - - Lakeport ------------------ ----do ----------- 143.00 Do.
November 29, 1870 --. ICelsey . . . . . . . . . . . . . . . . .-----|- ---do ---------- 160 Do.
January 28, 1871 - - - -. San Luis Obispo -----------. -- do ----------. 552. 65 Do.
November 10, 1874. ... Jamestown .......... ---....]. ---do ----------. 640 Do.
June 13, 1873 . . . . . . . . Rough and Ready----------- ----do ----------- 314 Do.
March 3, 1874 ...... Yreka ---------------------| do ---------- 511 IDo.
November 25, 1874. . . . Cheyenne . . . . . . . . . . . . . .----. Wyoming... ---. 637. 47 Do.
November 21, 1872. - - -] Winnemucca. --...-- - - - - - - - - Nevada ---. ---. 200 Do.
June 12, 1875 . . . . . . . . . Punocº. --- ----------------- --- do ---------- 360 IDo.
February 20, 1872. . . . . Corinno -------------------. Utah ------ 168 Do.
March 1, 1871 . . . . . . . . Jackson . . . . . . -------------- California. ...---- (;00 Do.
March 1, 1871 ........ l?ino Grove . . . . . . . . . . . . . . . . . ---do ----------- 80 Do.
March 1, 1871 . . . . . . . Fiddletown ----------------- ----do ---------- 160 Lo.
March 1, 1871 . . . . . . . . 1)rytown. ------------------- ----do ----------- 80 Do.
May 2, 1871. . . . . . . . . . . Volcano -------------------- -- do ----------- 80 Do.
May 30, 1871. - ........ Dl Dorado ------------------ ----do ----------. 440 Do.
May 30, 1871 ---------| Diamond Springs.---------- ----do ----------- 203. 20 Do.
July 5, 1871 - - -...----- Camp Seco- - - - - - - - - -* - - - - - - - ----do ----------- 160 Do.
July 8, 1871 . . . . . . . . . . Dutch Flat -----. ---...-----|- ---do ----. . . . . . 136, 79 l)0.
I'ebruary 27, 1873 ....| Mokelumne EIill ............|.. --do ----------. 591. 84 l)0.
August 24, 1872 ------ San Andreas. --------------. --- do ----------- 640 Do.
June 26, 1869 ..... --. I’leasant Grove .------------ Utah ------...-- 640 l}o.
Jrine 23, 1869. . . . . . . . . North Ogden.--------------. ----do -----------| 640 L}o.
June 23, 1869. . . . . . . . . Plain City ---...-------------|- ---do ----------- 800 Do.
Juno 24, 1860. . . . . . . . . Ogden . . . .------------------|-- - do ----------. 2,480 Do.
July 2, 1869 -----. . . . . I'ountain Green... ----------- -- do ----------- 310. 78 Do.
July 2, 1869 -----...-- Spring City ----------------- ----do ----------. .440 Do.
July 2, 1869 - - - - - - - - -. l'air View - - - - - ------------|- -- do ---------- 320 Do.
September 1, 1869 - - - - Mount Pleasant...---------- ----do - - - - - 1,279.84 Do.
April 27, 1870 . . . . . . . . Willard City. --------------- -- do ----------- 582.40 Do.
May 7, 1870. ......... Midway --------------------|- --do ----------- 120 DO.
.May 7, 1870. ... ... --. Hober City -----------------|- ---do ----------- 480. 54 Do.
May 7, 1870 . . . . . . . . . . Walesburg-----------------. ----do ----------- 40 IDo.
August 22, 1870 ... --. Groenville ------------------|- ---do ---------. 280 Do.
October 22, 1870 - - - - - - Minorsville ----------------- ----do ----------- 160 I)o.
November 1, 1870 ....] Holden ---------...-...-----|--.. do ----------- 120 Do.
November 4, 1870. . . . . Oak City.------------------- ----do ----------- 160. 13 Do.
May 10, 1871 . . . .-----| Smithfield ------------------|- ---do --...----- 800 Do.
December 5, 1871 . . . . . Ophir City-----------...----. ----do ---------- 75. 68 Do.
January 27, 1872. ----. I,incoln Centre ..... ----...-. Ransas ---...--. 160 Do.
September 6, 1872. ---| Great Bend.----...---------|... tio ------ 64() Do.
September 3, 1874 .... Columbia --------------. . . . . California. . . . . . . 640 Do.
June 6, 1872 ...... . . . . Lewiston ------------------- Idaho. ---------- 561.21 I)0.
July 10, 1871 . . . . . . . . . Wellsville .--...-...--------- Utah ---...----- 1, 160 Do.
May 11, 1871 . . . . . . . . Millville -- . . . . . . . . . . . . . . ---do ---------- 440 Do.
guly 11, 1871 . . . . . . --. IProvidence ----------------.l. ---do ----------. (540 Do.
May 11, 1871 . . . . . . . . . Hyde Park. ------. . . . . . . . . . . -do ----------. 640 I)0.
May 15, 1871 ... . . . . . . Manti - - - - - * * * * * * - - - - - - - - - - e. -- do ----------- 1, 280 l)o.
May 25, 1871 . . . . . . . . . Logan City -----------------|- ---do ----------. 2, 521.50 Do.
June 1, 1871. . . . . . . . . ICanara. ---------------. . . . . ---do - --------. 200 Do.
June 1, 1871. . . . . . . . . . Toqueville ------...---------- ----do - --------- 240 Do.
June 1, 1871 . . . . . . . . . New Harmony . . . . . . . . . . . . . . . -do ----------- 120 Do.
June 24, 1871 . . . . . . . . Mendon City. --...-----------|--|--do --------- 480 Do.
July 3, 1871 ....... . . . Tayette -------------------. ----do ----------- 321-62 Do.
July 17, 1871 . . . . . . . . Rockpºrt -------------------|- ---do --------- 120 Do.
January 12, 1872......] Summit ---...--...--...-----|. ---do ----------. 8() IDo.
January 12, 1872. ---. Paragonah ----------------. . . . . do ---------- 200 Do.
October 14, 1871 . . . . . Parowan. --------...--------. ----do ----------. 320 Do.
February 10, 1872 .... Harrisburg . . . . . . . . . ------. do ---------- 120 Do.
February 10, 1872 ....] Washington ........ ...-----|... (lo - ...-----. --- 160 Do.
January 13, 1872.----. Peoa ------------------------ . . . . do ----------- 280 Do.
Qctober 22, 1875 -----. Silver City.------. . . . . . . . . . . Montana-------- 40 Do.
October 7, 1873. ------ Arapahoe -------...--------. Nebraska. ------ 32ſ) Do.
December 6, 1871. . . . . Oxford . . . . . . . . . . . . . . . . .----- Ransas ----...-. 320 Do.
February 26, 1873 .... Jewell City . . . . . . . . . . . . . . . . . - do ---------. 160 Do.
July 25, 1871 . . . . . . . . . Noodesha ---...-------------. - do ------ . . . . 240 Do.
August 21, 1871 ...... Ellº I"alls . . . . . . . .-----. -- i.---do ---------. 320 Do.
April 19, 1872. -------. Howard City...----. -- . . . . . . . . . do ------ ---. 366. 24 Do.
April 19, 1872 -...----- Camanche ------------------ California. . . . . . 4() Do.
Qctober 19, 1872. ----- Copperopolis ----. ----------|--- -do ----------. 278. 40 IDo.
October 21, 1872 ---.. El Dorado - - - - -------------. 1. -do ----------. 120 IDO.
January 24, 1873. . . . . . Coloma ---------------------| -- do ----------- 400 Do.
January 24, 1873.----- Shingle Springs. . . . . . . . . . . . . ---do ----------- 40 JDo.
September 23, 1872 ...| Greenville --................|. ---do ------ . . . . . . . 160 Do.
February 26, 1873 ----| Greenwood ................ -- do ----------- 160 Do.
April 18, 1873......... Georgetown ------...---------|- ---do ----------- 240 Do.
Jnne 22, 1872 -...- - - - -] Draperville ----------------- Utah ------, ---. 280 Do.
July 3, 1872 ---------- Wales ----------------------. ---do ----------. 320 Do.
July 6, 1872. --------. Randolph ------------------- ----do ----------- * 80 I}o.
304
Town SITES AND COUNTY SEATs.
-
List of town sites on the public lands, the date of entry, and area, &c.—Continued,
Date of entry. Town site. satiºn *...* Act.
July 8, 1872 ---------- Goshen --------------------- Utah ----------. 160 March 2, 1867.
July 6, 1872 ---------. Ithica---------------------- ---do ----------- 160 Do.
July 9, 1872 ---------. Huntsville. ----------------- ----do ----------- 80 Do.
July 12, 1872 --------. Bear River City------------- ----do ----------- 339, 50 Do.
March 12, 1873-------. Morgan City----------------|-- --do ----------- 880 T}o.
January 21, 1873-...... West Wichita - - - - - - - - - - - - -. Kansas --------- 144 Do.
April 15, 1877 --...--. Parker City----------------- --- do ----------- 200 Do.
February 23, 1876 - - - -| Jewell Centre--------------- --- do ----------- 160 Do.
July 22, 1873 - - --...--. Caldwell ------------------ ----do ----------- 116.23 Do.
June 28, 1873 - - - -...-- *| Medicine Lodge. ------------ --do ----------. 160 Do.
February 26, 1874 .... Elgin . ----------------------|-- --do ----------- 137 Do.
August 20, 1873 ...... felle Plain .................I. -- do ----------- 319.99 || DO.
November 11, 1873. ---| Kirwin . -- - - - - - - - - - - - - - - - - - -|-- --do ----------- 640 Do.
November 21, 1873 - - -] Larned---------------------- --- do ----------. 160 Do.
March 22, 1873 - - - - - - - Woodbridge - - - - - - - - - - . . . . . California. ------ 72 I}o.
April 23, 1873... --...-- : Chinese Camp ----- • * * * * * * * * * ----do ----------. 160 Do.
April 28, 1873 ... . . . . . Point Arena ----------------|-- --do ----------- 240 Do.
July 10, 1873 - - - - - ---.] Windsor ------------------|-- --do ---------- 160 Do.
Jºelruary 11, 1874 - - - - || Springfield -----------------|-- --do ----------- 120 Do.
July 1, 1874 - - - - - - - - - Amador City ---------------|- -- do ----------. 190. 07 Do.
July 1, 1874 .----...--. Sutter Creek ----------------|-- --do ----------- 908. 31 Do.
April 10, 1873. ---. . . . . | Taylorsville. . . . . .----. • * - - - - ----do ----------- 160 Do.
July 14, 1873 - - - - - - - -. Quincy ---------------------|. -- do --------- 160 Do.
September 19, 1874 ---| French Corral -------------- ----do ---------- 480 Do.
August 1, 1873 ...----. Idaho Springs--------------- Colorado - - - - - - - - 105.43 Do.
April 16, 1877 ---...-. Trinidad. -------------------|-- --do ----------- 280 Do.
January 25, 1877. ----- Ouray. : :--------------------|--|--do ----------- 300 Do.
January 2, 1880 - - - - - - - Silver Cliff------ - -...------. ----do ---------- 320 Do.
July 13, 1872- - -, -----. Honeyville. -------------, --. Utah ----------. 319.98 Do.
June 24, 1873 - - - - - - - - - Milton ---------------------|- ---do ----------- 80 Do.
June 24, 1873 - - - -...--. Richville.------------------- ----do ----------- 160 Do.
June 24, 1873 - - - - - - - -. Peterson ------------------. ---do ----------- 200. 13 |Do.
June 24, 1873 - - - - - - - - - Enterprise ... ---------------- -- do ----------- 280 Do.
June 24, 1873 - - - - - - - - - Porterville. ----------------. ---do ----------- 160 Do.
April 9, 1873 . . . . . . . . . Scipio ----...--------------- --do ----------- 160 Do.
June 24, 1873 - - - - - - - -. Croyden ----. ------------- ---do ----------. 320 Do.
May 26, 1873 - - - - - - - - - alem ----------------------- ---do ----------. 640 Do.
February 17, 1874 ... --| Richfield.-----------...- . . . . . --do ----------. 540 • Do.
September 12, 1876 . --| Bismarck . . . ... -- - - - - - - - - - - - Dakota - - - - - - - - - 240 Do.
December 11, 1875- - - -] Osborne - - - - - - - - - - - - - - - - - - - - Kansas --------- 80 Do.
January 12, 1875- - - - - - McPherson -----------------|-- --do ----------. 320 Do.
April 16, 1874. --------| Coffeyville ----------------...--- --do ... -- - - - - - - 409. 18 Do.
§ º, - - - - - - - - Concordia (2 entries). . . . . . . . ----do ----------- 515.15 Do.
December 27, 1871....] North Peabody ...----...----- ----do ----------- 320 IDO.
January 13, 1875- - - - - - North San Juan. ----...--...--. California. -----. 400. 97 Do.
January 13, 1872. -- - - - Sebastapol.-----...-----------|-- --do ----------- 240 Do.
February 3, 1875- - - - - - Cherokee .----- • * * - - - - sº s = e - - - - ---do ------. -- 78.47 Do.
IMarch 9, 1875. - - - - - - North Bloomfield - - - - - - - - - - - ----do ----------- 40 Do.
November 11, 1875....| San Juan Capistrano . . . . . . . . . ---do ---------- 567 Do.
December 13, 1875. --. Vallicito -- - - - - - - - - - - - - - - - - -|. ---do ------- 109. 30 Do.
IDecember 15, 1875. - . . . Murphy - - - - - - - - - - - - - - - - - - -. ----do ---------- 640 Do.
April 25, 1876 - - - - - - - - Phillipsburg ---------------. Montana- - - - - - - - 35. 65 Do.
July 28, 1876 . . . . . . . . . Fort Benton ---------------. ----do ------- 185. 69 Do.
February 22, 1876 . . . . Weaverville ....... --- - - - - - - California- - - - - - - 516.94 Do.
September 9, 1876 ....] Smartsville --- - - - - - - - - - - - - - - - ---do ----------. 165 Do.
April 13, 1877 --...-. Bridgeport ---------...----- ----do ----------- 160 Do.
October 13, 1876 ------| Camptonville ...... . . . . . . ...}. ---do ----------. 160 Do.
January 27, 1877 --- - - - Confidence------------------ --- do ----------- 189. 23 T}o.
October 15, 1875 - - - - - - Lake City------------------- Colorado -------- 260 Do.
April 7, 1876. . . . . . . . . . Silverton -------------------|- ---do ----------- 320 Do.
November 10, 1871. - ..] Heneferville ------...... . . . . Utah ---------- 240 Do.
October 31, 1879 - - - - - - Schellbourne---------------- Nevada. . . . . . . . . . 160 Do.
July 25, 1876 . . . . . . . . . Butte ---------------------- Montana. -- . . . ... 183.83 Do.
June 30, 1877 - - - - - - - - Tybo ----------------------- Nevada - - - - - - - -. 120 Do.
October 23, 1877 - - - - - - Poney ------------------- ...] Montana. ------. 120 Do.
October 6, 1879 - ... --. Corvallis -------------------|- ---do ----------- 40 Do.
June 28, 1876 - - - - - - - - - Franklin -------------------- Idaho --------- 640 Do.
June 22, 1876 - - - - - - - -. Malad City ----------------. ----do ---------- 280 Do.
June 17, 1879 - - - - - - - - - Oxford.----------------...--l. ---do ----------. 200 Do.
April 9, 1880. --------- Tombstoné .... -----------. Arizona. -------- 320 Do.
May 12, 1877. - - - - - - - - - Gaylord.-------------------- Kansas --------- 80 Do.
June 12, 1878 .... - - - Anthony-------------------- ---do ----------- 320 Do.
January 30, 1880. ... --. Stockton.------------------. ---do ----------- 320 Do.
July 14, 1877 . . . . . --. La Grange ------------------ California. . . . . . . 50 Do.
December 11, 1878 - - -] West Point.---------------. ----do ----------- 120 Do.
August 26, 1879 -...--- Goodyear's Bar -------------|- ---do ----------- 80 Do.
Noyember 5, 1879 - - - - Sheep Ranch.... -----------. - do ----------- 137.59 Do.
December 5, 1877 - - - - - Coulterville. ---------------- -- do ----------- 225. 63 Do.
March 4, 1880 - - - - ...| Strawberry Valley.......... ----do ----------. 320 Do.
Town SITES AND COUNTY SEATs.
305
List of town sites on the public lands, the date of entry, and area, &c.—Continued.
Date of entry. Town site. statiºn *...* Act.
March 6, 1879 - - - - - - -. Glenwood------------------- Utah ----------- 520 March 2, 1867.
March 1, 1879 - - - - - - - - Monroe --------------------- ----do ----------. 560 Do.
October 16, 1879 - - - - - - Glendale -------------------. ----do ----------- 120 Do.
October 16, 1879.----. Rockville ------------------. ----do ----------- 320 Do.
October 16, 1879 - - - - - - Virgin City----------------. ---, do - - - - ------ 200 Do.
October 16, 1879 - - - - - - Grafton -------------------- ----do ------- - - - - 80 Do.
October 16, 1879 - - - - - - Kanab -----------. - - - - - - - - - ----do -------- - . . 640 Do.
October 16, 1879 - - - - - - Mount Carmel -------------. -do ----------- 40 Do.
October 16, 1879...... Duncan's Retreat-...------. & 2, do ---------- 120 Do.
March 22, 1876 ... --... Rosita ---------------------- Colorado. . . . . . . . 36t) . Do.
October 7, 1869 - - - - - - Virginia. City. -------------. Montana. . . . . . . . 569, 72 Do.
November 30, 1860....] Saint Lawrence .... -- - - - - - - - Minnesota. . . . . . . 166°40 | May 23, 1844.
December 22, 1856. ...| Saint Charles - - - - - - --...----. ----do ... --------- 120 Do.
October 20, 1855 - - - - - - Rome ----------------------- - - - -010 - - - - - - - - - - 284. 50 Do.
July 10, 1874 . . . . . --. Vancouver.----------------- Washington ... 129. 20 | March 2, 1867.
COUNTY SEATS.
The act of May 26, 1824 (see sec. 2286, R. S.), authorizes the pre-emption of quarter
sections of public land, at $1.25 per acre, for the establishment of seats of justice
(court-houses) in counties.
State or Terri- || Area in
Date of entry. County. tory 3.CI'êS. Act.
October 7, 1854. ... -- ..| Green County ...------------. Iowa-----------. 160 Mº, 26, 1824.
January 10, 1857 - - - - - Sibley County ...-------...--. Minnesota ------ 160 0.
June 26, 1863 - - - - - -. Polk County---------------. Oregon --------. 160 Do.
September 15, 1871 - - -] Merrick County ------------ Nebraska....... 80 Do.
October 26, 1872 - - - - - - Hamilton County ...--------. ----do - --------- 160 Do.
April 3, 1878 . . . . . . . . . San Juan County . . . . . . . . . . . Washington .... 153.45 Do.
July 30, 1857 ---...--. Washington County. ------. Oregon - - - - - - - - - 33. 23 Do.
ACT AUTHORIZING THE PRESIDENT TO RESERVE—SEC. 2380, R. S.

Town site. State or Territory. Act.
Port Angeles ----------------------------------------- Washington ------------- March 3, 1863.
Town Lot ACT-SEC. 2382, R. S.
Town State or Territory. No. of lots. Act.
Petaluma -------------------------------- California---------------|------------ July 1, 1864.
Virginia City.---------------------------- Nevada.--------------- 251 blocks. }.
Gold Hill--------------------------------. --do ------------------- 179 blocks. Do.
Le Grand -------------------------------- Oregon ----------------. 107 Do.
Baker City...... ------ - - - - - - - - - - - - - - - - - - - - - -010 - - - - - - - - - - - - - - - - - - - 80 Do.
Sparta = * as as as as a sm am as sº e º sº as as a e s sº sº º sº sº * * * * * * * * * * * tº gº tº .do * * *º e º & tº gº tº gº º ſº ſº º ºs º º º sº 32 Do.

20 L O—WOL III
CHAPTER XXVI.
To JUNE 30, 1882.
[See pages 978-1015.]
To JUNE 30, 1883.
[See pages 1279–1282.]
MINEs on THE PUBLIC DOMAIN.
To JUNE 30, 1880.
PRECIOUS METALS AND OTHER WALU ABLE DEPOSIT S.
The precious-metal bearing States and Territories of the public domain are California,
Colorado, Oregon, Nevada, Idaho, Montana, Wyoming, Utah, New Mexico, Arizona,
Dakota, and Washington. -
Lead and copper lands in Arkansas, Missouri, Iowa, Michigan, Minnesota, and Wis-
consin were soldunder special mining laws, the mineral being conveyed with the soil,
and are included in cash entries.
Under the acts of 1866 and 1872, and the placer act, there have been patented to
June 30, 1880, 3,978 lode or vein claims, containing 38,435.11 acres, at $5 per acre, real-
izing $197,778, and 1,303 placer claims, containing 110,186.03 acres, at $2.50 per acre,
realizing $288,767; total, 5,281 claims, containing 148,621.14 acres, and realizing
$486,545. - -
MINERAL RESERVATIONS IN NORTHWEST TERRITORY.
In the ordinance of May 20, 1785, for the disposal of lands in the “Western Terri-
tory,” it is ordered that there shall be reserved “one-third part of all gold, silver,
lead, and copper mines, to be sold, or otherwise disposed of as Congress shall hereafter
direct,” the deed to be given by the Commissioners of the Loan Office, with a clause of
reservation in the words of the act.
The mineral resources of the country at that time were but little known. Our pres-
ent Western precious metal regions, and the base-metal belt of the Mississippi, were
almost entirely within the domain of France and Spain. The copper regions of Lake
Superior had just come into possession of the United States by the definitive treaty
of peace with Great Britain. Some gold and lead had been found in the Southern
colonies—now States—but not on public domain, and economic minerals were but lit-
tle known or used. The reserving clause in the ordinance of 1785 suggests the reser-
vations as to minerals, by way of royalty or sovereign dues, in some of the crown
charters for colonization in America, and further shows the existing doubt as to the
policy of the Government in relation to holding, leasing, or selling mines and mineral
lands. .
CONGRESSIONAL ACTION.
By resolution of April 16, 1800, Congress authorized the President to employ an agent
to collect material information relative to the copper mines on the south side of Lake
Superior. This contained a clause “and to ascertain whether the Indian title to such
lands as might be required for the use of the United States in case they should deem
it expedient to work the said mines, had been extinguished.” Thus Congress at this
period seems to have had in mind the direct working and control of mines by the United
States. *
March 3, 1807, Congress, by section 5 of an act for the sale of certain lands now in
Ohio and Indiana, provided that lead mines in Indiana, with as many cºntiguous sec-
306 -
MINERAL LANDS OF THE PUBLIC DOMAIN. 307
tions of land to each as the President might deem necessary, should be reserved for
future disposal by the United States; and—
Any grant which may hereafter be made for a tract of land containing a lead mine
which has been discovered previous to the purchase of such tract from the United
States shall be considered fraudulent and null; and the President of the United States
shall be, and is hereby, authorized to lease any lead mine which has been or may here-
after be discovered in the Indiana Territory, for a term not exceeding five years.
This inaugurated the policy of the United States of leasing mineral lands.
It will be noted that this reserving clause contained a proviso for reserving lands
for mine easements. These reserved adjacent sections were afterwards used by the
lessees for dumpage-grounds, and the timber thereupon used for smelting. The leases
provided for this. -
Congress, March 25, 1816, in an act relating to settlers on the public lands of the
United States, provided—
That in all cases where the tract of land applied for includes either a lead mine or
salt spring, no permission to work the same shall be granted without the approbation
of the President of the United States. sº
This provision of law was continued by two separate acts until March 3, 1819.
The House of Representatives, February 8, 1823, by resolution, asked for informa-
tion in regard to the mining regions of the West. The President in reply transmitted
such information as he at that time had (see Ex. Doc. 128, first session Eighteenth
Congress). This Congressional inquiry and the reply related to lands containing base
metal and iron.
By act of March 3, 1829, Congress conferred authority on the President to expose to
sale as other public lands “the reserved lead mines and contiguous lands in the State
of Missouri,” with this qualification, that at least six months’ public notice should be
given, “with a brief description of the mineral region in Missouri and the lands to be
offered for sale, showing the number and the localities of the different mines (then)
known, the probability of discovering others, the quality of the ore, the facilities
for working it, the further facilities, if any, for manufactures of shot, sheet lead, and
paints, and the means and expense of transporting the whole to the principal mar-
kets of the United States.” . 3
February 6, 1839, the House of Representatives—
Resolved, That the President be requested to cause to be prepared a plan for disposal
of the public mineral lands, having reference as well to the amount of revenue to be
derived from them, and their value as public property, as to the equitable claims of
individuals upon them; and that he communicate to Congress all the information in
the possession of the Treasury Department relative to their location, value, productive-
ness, and occupancy, and that he cause such further information to be collected and
surveys to be made as may be necessary for this purpose.
Dr. David Dale Owen explored the Territories of Iowa and Wisconsin, by order of
the President, under this resolution. (See report Dr. Owen, Ex. Doc. No. 239, First
session Twenty-sixth Congress.) -
In the pre-emption act September 4, 1841, section 10 provided that “No lands on
which are situated any known salines or mines shall be liable to entry under and by
virtue of the provisions of this act.”
In United States v. Gear (3 How., 120), the Supreme Court of the United States, 1845,
held that the act of June 26, 1834, did not subject lead mines to ordinary sale or pre-
emption in certain districts thereby created.
EXECUTIVE ACTION AS TO MINES.
President Polk, December 2, 1845, in his first annual message said:
The present system of managing the mineral lands of the United States is believed
to be radically defective. More than a million acres of the public lands, supposed to
contain lead and other minerals, have been reserved from sale, and numerous leases upon
them have been granted to individuals upon a stipulated rent. The system of grant-
ing leases has proved to be not only unprofitable to the Government, but unsatisfactory
to the citizens who have gone upon the lands, and must, if continued, lay the founda-
tion of much future difficulty between the Government and the lessees. According to
308 MINERAL LANDS OF THE PUBLIC DOMAIN.
the official records, the amount of rents received by the Government for the years
1841, 1842, 1843, and 1844, was $6,354.74, while the expenses of the system during the
same period, including salaries of the Superintendents, agents, clerks, and incidental
expenses, were $26,111.11, the income being less than one-fourth of the expense. To
this pecuniary loss may be added the injury sustained by the public in consequence
of the destruction of timber, and the careless and wastful manner of working the
mines. The system has given rise to much litigation between the United States
and individual citizens, producing irritation and excitement in the mineral region,
and involving the Government in heavy additional expenditures. It is believed that
similar losses and embarrassments will continue to occur while the present system
of leasing these lands remains unchanged. These lands are now under the superin-
tendence and care of the War Department, with the ordinary duties of which they
have no proper or natural connection. I recommend the repeal of the present system,
and that these lands be placed under the Superintendence and management of the
General Land Office as other public lands, and be brought into market and sold
upon such terms as Congress in their wisdom may prescribe, reserving to the Govern-
ment an equitable percentage of the gross amount of mineral product, and that the
pre-emption principle be extended to resident miners, and settlers upon them, at the
minimum price which may be established by Congress.
April 18, 1876, the Attorney-General of the United States, in an opinion respecting
the mineral lands on Isle Royal, Lake Superior, held, that “salines, gold, silver, lead,
and copper mines” were reserved for “future disposal of Congress.”
CASH SALES OF MINERAL LANDS ORDERED.
By act approved 11th July, 1846, Congress ordered “the reserved lead mines and
contiguous lands in the States of Illinois and Arkansas and ”then “Territories of Wis-
consin and Iowa.” to be exposed to sale as other public lands, with the exception:
that six months' notice be given, with brief description of the mineral region, as re-
quired by the act of 1829 respecting Missouri; stipulating further that such lands
should not be subject to pre-emption until after public offering, and subject to private
entry; that upon proof to the register and receiver of any tract containing lead ore,
and of being so worked, no bid should be received at less than $2.50 per acre, but if
not sold at that price, nor entered at private sale within twelve months thereafter, to
be subject to sale as other public lands. (See D. D. Owen's survey.)
By an act of 1st March, 1847, Congress ordered the organization of the Lake Supe-
rior district in the upper peninsula of Michigan, directed that a geographical examin-
ation and survey be made of those lands, and conferred authority on the President for
the public sale, after six months' notice, of such land as contained “copper, lead, or
other valuable ores,” with description of locality of mines, &c., the minimum price
at public sale to be $5 per acre, and where not thus disposed of at public auction, to be
subject to private sale at that price. (See Foster and Whitney's survey.)
By the act of 3d March, 1847, the Chippewa land district in Wisconsin was organ-
ized, a geological examination and survey ordered, and the lands disposed of in like
manner to those in the Lake Superior district, in Michigan.
Congress March 3, 1849, created the Department (“Home Department”) of the
Interior, and thereafter the supervision of mineral lands was transferred to the General
Land Office in that Department.
MINERAL LANDS IN CHARGE OF THE WAR IDEPARTMENT.
The acts of July 11, 1846, and March 1 and 3, 1847, made a radical change in the
method of disposition of mineral lands on the public domain, abolished leases, and
substituted cash sales. The act of 1849 transferred the charge of these lands from the
War Department, where they had been since the ordinance of Congress of 1785, to the
Department of the Interlor.
August 28, 1850, the Attorney-General of the United States held that public lands
containing “iron ore merely” are not the “mineral lands” referred to in the second
section of the act of March 1, 1847 (act for the sale of copper, lead, or other valuable
ores in Lake Superior district).
The act of 26th September, 1850, ordered the mineral lands in the Lake Superior dis-
MINERAL LANDS OF THE PUBLIC DOMAIN. 309
trict in Michigan, and Chippewa district in Wisconsin, to be offered at public sale
in the same manner, at the minimum, and with same rights of pre-emption as other
public lands, but not to interfere with leased rights.
THE DISCOVERY OF GOLD IN CALIFORNIA.
The discovery of gold at Coloma, Cal., by John W. Marshall, January 19, 1848,
necessitated a change in the mineral laws of the United States. Copper, lead, and
iron had prior to this been the minerals for which the laws were made. In the ordi-
mance of 1785 gold and silver were reserved out of abundant caution, but now gold had
actually been discovered on the public domain, and legislation was necessary.
EXECUTIVE RECOMMENDATIONS.
*
5
President Fillmore, in his annual message of December 2, iš. said:
I also beg leave to call your attention to the propriety of extending at an early day
our system of land laws, with such modifications as may be necessary, over the State
of California and the Territories of Utah and New Mexico. The mineral lands of Cal-
ifornia will, of course, form an exception to any general system which may be adopted.
Various methods of disposing of them have been suggested. I was at first inclined to
favor the system of leasing, as it seemed to promise the largest revenue to the Govern-
ment and to afford the best security against monopolies, but further reflection and our
experience in leasing the lead mines and selling lands upon credit have brought my
mind to the conclusion that there would be great difficulty in collecting the rents, and
that the relation of debtor and creditor between the citizens and the Government
would be attended with many mischievous consequences. I therefore recommend
that instead of retaining the mineral lands under the permanent control of the Gov-
ernment, they be divided into small parcels and sold, under such restrictions as to
quantity and time as will insure the best price and guard most effectually against
combinations of capitalists to obtain monopolies. -
December 3, 1849, the Secretary of the Interior, Hon. Thomas Ewing, calling atten-
tion of Congress to the discovery of gold in California, said:
The right to the mines of precious metals, which, by the laws of Spain, remained
in the Crown, is believed to have been also retained by Mexico while she was sovereign
of the territory, and to have passed by her transfer to the United States. It is a right
of the Sovereign in the Soil as perfect as if it had been expressly reserved in the body
of the grant ; and it will rest with Congress to determine whether, in those cases
Where lands duly granted contain gold, this right shall be asserted or relinquished.
If relinquished, it will require an express law to effect the object, and if retained,
legislation will be necessary to provide a mode by which it shall be exercised. For it
is to be observed that the regulation permitting the acquisition of a right in the
mines by registry or by denouncement was simply a mode of exercising by the
sovereign the proprietary right which he had in the treasure as it lay in and was con-
nected with the soil. Consequently, whenever that right was transferred by the
transfer of the eminent domain, the mode adopted for its exercise ceased to be legal,
for the same reason that the Spanish mode of disposing of the public lands in the first
instance ceased to be legal after the transfer of the sovereignty.
Thus it appears that the deposits of gold, wherever found in the Territory, are the
property of the United States. Those, however, which are known to exist upon the
lands of individuals are of small comparative importance, by far the larger part being
upon unclaimed public lands. Still our information respecting them is yet extremely
limited; what we know in general is that they are of great extent and extraordinary
productiveness, even though rudely wrought.
* # % # 3& % 3&
No existing law puts it in the power of the Executive to regulate these mines, or
protect them from intrusion. Hence, in addition to our own citizens, thousands of
persons, of all nations and languages, flock in and gather gold, which they carry away
to enrich themselves, leaving the lands the less in value by what they have ab-
stracted, and they render for it no remuneration, direct or indirect, to the Government
or people of the United States. Our laws, so strict in the preservation of public
property that they punish our own citizens for cutting timber upon the public lands,
ought not to permit strangers, who are not and who never intend to become citizens,
to enter at pleasure on these lands, and take from them the gold which constitutes
nearly all their value.
Some legal provision is necessary for the protection and disposition of these mines,
and it is a matter worthy of much consideration how they should be disposed of so
as best to promote the public interest and encourage individual enterprise. In the
310 MINERAL LANDS OF THE PUBLIC DOMAIN.
division of these lands regard should be had to the convenience of working every part
of them containing gold, whether in the alluvion merely or in the fixed rocks. And,
that such division may be made in the best manner practicable to promote the general
interest and increase the value of the whole, a geological and mineralogical explora-
tion should be connected with the linear surveys, which should be made with the as-
sistance and under the supervision of a skillful engineer of mines.
The mining ordinances of Spain provide a mode of laying out the mines, which ap-
plies only to districts where veins of ore occur in the rocks, and where it is to be
mined by following the metaliferous dike or stratum in the direction of its dip, and
along its line of strike. But the gold which is found in the alluvion in California is
continuous over a great extent of country, and it may be wrought upon any lot having
surface earth and access to water. This district may be, therefore, divided into small
lots, with a narrow front on the margin of the streams, and extending back in the
form of a parallelogram. Where gold is found in the rocks in situ, the lots to embrace
it should be larger, and laid off according to the Spanish method with regard to dip
and strike. But so various are the conditions under which the precious metals may
be found by a careful geological exploration, that the mode of laying off the ground
cannot be safely anticipated, but must be left to the direction, on the spot, of a skillful
engineer, whose services will be indispensable.
The division, disposition, and management of these mines will require much detail;
but, if placed on a proper footing, they may be made a source of considerable revenue.
It is due to the Nation at large that this rich deposit of mineral wealth should be
made productive, so as to meet, in process of time, the heavy expense incurred in its
acquisition. It is also due to those who become the lessees or purchasers of the mines
that they should be furnished by the Government with such scientific aid and direc-
tions as may enable them to conduct their operations not only to the advantage of
the Treasury, but also with convenience and profit to themselves. This scientific aid
cannot be procured by individuals, as our people have little experience in mining,
and there is not, in the United States, a school of mines, or any in which mining is
taught as a separate science.
If the United States sell the mineral lands for cash, and transfer at once all title to
the gold which they contain, but a very small part of their value will probably be
realized. It would be better, in my opinion, to transfer them by sale or lease, re-
serving a part of the gold collected as rent or seignorage.
After mature reflection, I am satisfied that a mint at some convenient point will be
advantageous to the miner, and the best medium for the collection and transmission
of the gold reserved. Gamboa, a Spanish author of much science and practical ob-
servation, and at one time president of the Royal Academy of Mexico, strongly recom-
mended the establishment of a mint in their principal mining district, as a means of
collecting and transmitting the rents reserved by the Crown, and especially to give a
legitimate currency to the miners, that they might not be compelled from necessity to
barter their bullion in violation of law. The same reasons would apply here with
equal force. - -
When the land is properly divided, it will, in my opinion, be best to dispose of it,
whether by lease or sale, so as to create an estate to be held only on condition that
the gold collected from the mine shall be delivered into the custody of an officer of
the branch mint. Out of the gold so deposited, there should be retained for rent and
assay, or coinage, a fixed per cent., such as may be deemed reasonable, and the resi-
due passed to the credit of the miner, and paid to him at his option in coin or stamped
bullion, or its value in drafts on the Treasury or mint of the United States. The gold
in the mine, and after it is gathered, until brought into the mint, should be and re-
main the property of the United States. The barter, sale, gift, or exportation of any
portion of it before it shall have been delivered at the mint, and so coined, or assayed
and stamped, or its concealment with intent to avoid the payment of rent or seignor-
age, should involve a forfeiture of the gold itself, and also of the mine. The terms of
lease or sale should be favorable to the miner, and the law should be stringent to en-
force the payment of seignorage and rents. -
So far as the surface deposits extend, I am of opinion that leases will, for yet a
further reason, be preferable to the sales of lands. If sold, they will pass at once
into the hands of large capitalists; if leased, industrious men without capital may
become the proprietors, as they can work the mines and pay the rent out of the pro-
ceeds. But where gold is found in the rocks in place, the case is different. These
must necessarily fall at once into the hands of large capitalists or joint stock com-
panies, as they cannot be wrought without a heavy investment. -
Some persons, whose opinions are entitled to much weight, apprehend difficulty in
collecting the rents, if the mode of disposition which I suggest be adopted; but this,
I think, is without a full consideration of the condition of the country and the means
of enforcement. Gold, unless coined or stamped at the mint, could not circulate in
California against a legal provision, and subject to a penalty such as is suggested. It
could not be carried across the continent without risk of loss or detection, which
MINERAL LANDS OF THE PUBLIC DOMAIN. 311
would make the value of insurance equal to the rent. In any other direction it must
pass the ports of California, and be there liable to detection.
Since the discovery of the mines, gold in California has not ranged higher than $16
per ounce; its actual value is a fraction over $18. The difference between its true
value and the highest price at which it has sold, or would probably ever sell, except
to houses transacting an open, regular and legal business, is therefore one-ninth, being
more than half the amount that ought to be reserved as rent or seignorage.
If the penalty suggested above should be provided for an attempted evasion, and
the ordinary advantages given to the officer or other person who should detect the
fraud, as in case of smuggling, it would not be the interest of any one to become a
dealer in the prohibited article at a small profit and great risk; nor would the miner
risk a sale at a small advance of price, to be obtained at the hazard of a heavy for-
feiture. The absolute security of the lawful business, the safety of the fund when
deposited in the Treasury of the United States, and the small profit and great risk of
attempted frauds, would be reasonable security against them.
The property of the United States in the mines of quicksilver, derived from Spain
through Mexico, with the eminent domain, is, as I have shown, the same as that to
the gold, already considered. Indeed, the laws of Spain asserted more sternly and
guarded more strictly the rights of the Crown to that metal than to gold and silver.
This arose from the scarcity of quicksilver, it being found in sufficient quantities to
be worth mining in but few known places on the globe; while its necessary use in
separating silver from its matrix, makes it an essential ingredient in silver mining
operations.
CONGRESSIONAL ACTION AS TO THE PRECIOUS METALS ON THE PACIFIC SLOPE.
Congress, in the act of 27th September, 1850, creating the office of surveyor-general
of Oregon, and providing for surveys and making donations to settlers, directs that “no
mineral lands, nor lands reserved for salines, shall be liable to any claim under and
by virtue of the provisions” of that act. This embraces the present Washington Ter-
ritory. Then, in the 14th article of the treaty with Peru, concluded on 26th July,
1851, it is agreed upon that “Peruvian citizens shall enjoy the same privileges in fre-
quenting the mines, and in digging or working for gold upon the public lands situated
in the State of California, as are or may hereafter be accorded by the United States
of America to the citizens or subjects of the most friendly nations.”
Subsequently Congress, in providing by the act of 3d March, 1853, “for the survey
of public lands in California, the granting pre-emption rights therein, and for other
purposes,” directed that “none other than township lines shall be surveyed where
the lands are mineral or are deemed unfit for cultivation;” excluding in express
terms “mineral lands” from the pre-emption act of 4th September, 1841, and further
interdicting “any person’’ from obtaining “the benefits of this act by a settlement
or location on mineral lands.”
By the fourth section of the act of 22d July, 1854, to establish “the offices of sur-
Veyors-general of New Mexico, Kansas, and Nebraska, to grant donations to actual set-
tlers therein, and for other purposes,” it is directed that “none of the provisions of that
act shall extend to mineral or school lands, salines, military or other reservations, or
lands settled on and occupied for purposes of trade and commerce and not agricul-
ture.” **
The Attorney-General's opinion of February 14, 1860, states that Congress had not
then made any provision concerning mineral lands in California, except reserving
from pre-emption and donation. *
The act of July 4, 1866, giving authority for varying surveys in Nevada from “rect-
angular form to suit the circumstances of the country,” reserves from sale “in all
cases lands valuable for mines of gold, silver, quicksilver, or copper.” º
LOCAL MINING LAWS IN CALIFORNIA,
From the discovery of rich gold fields in California, January 19, 1848, to July 26,
1866, there was no mining law of the United States relating to the precious metals on
the public domain other than those above set out; and the mineral lands of the
United States, copper, lead, &c., had all been disposed of, under the above laws,
312 MINERAL LANDs of . THE PUBLIC DOMAIN.
in blocks conforming to legal subdivisions of the surveys, the soil carrying with it the
minerals.
In California the Spanish and Mexican law and miners' usage were the law. The
fee of the land was in the United States, but the occupancy or equitable title was
recognized by Congress, by resolution of February 27, 1865, which first called attention
thereto.
Local usage and regulations governed mining camps and towns and regulated the
size and conditions of working mining claims. These regulations first applied to
placer mining, and afterwards extended over and included quartz claims. The rush of
emigrants to California after Marshall's discovery was first from Oregon, Mexico, and
the Sandwich Islands. Then followed the emigrants from the older States of the
Union. The Mexican miner and Georgia gold-washer joined hands, and local usage,
consent, and mutual agreement made law. .
In 1847 the population of California was estimated at 15,000. In 1850 it was 100,000,
and the average increase annually for five or six years was 50,000 souls. There was no
Territorial or Congressional form of government. The military of the United States
were in control, enforcing the laws found in existence there when the country came to
the United States under the treaty of Guadalupe Hidalgo, in 1848, and thus continued
until December 20, 1849, the date of the organization of the State government.
The condition of the placer mining regions of California in 1848 is shown by the
following report made to the Adjutant-General United States Army, by Col. R. B.
Mason, First United States Dragoons.
REPORT OF COL. R. B. MASON ON THE GOLD-FIELDS OF CALIFORNIA.
HEADQUARTERS TENTH MILITARY DEPARTMENT,
Monterey, Cal., August 17, 1848.
SIR: I have the honor to inform you that, accompanied by Lieut. W. T. Sherman,
Third Artillery, acting Assistant Adjutant-General, I started on the 12th of June last
to make a tour through the northern part of California. My pºincipal purpose, how-
ever, was to visit the newly-discovered gold placer in the valley of the Sacramento.
I had proceeded about 40 miles when I was overtaken by an express, bringing me
intelligence of the arrival at Monterey of the United States storeship Southampton,
with important letters from Commodore Shubrick and Lieutenant-Colonel Burton.
I returned at once to Monterey, and dispatched what business was most important,
and on the 17th resumed my journey. We reached San Francisco on the 20th, and
found that all, or nearly all, its male population had gone to the mines. The town,
which a few months before was so busy and thriving, was then almost deserted. On
the evening of the 24th, the horses of the escort were crossed to Sansolito in a launch,
and on the following day we resumed the journey, by way of Bodega and Sonoma, to
Sutter's Fort, where we arrived on the morning of the 2d of July. Along the whole
route mills were lying idle, fields of wheat were open to cattle and horses, houses
vacant, and farms going to waste. At Sutter's there was more life and business.
Launches were discharging their cargoes at the river, and carts were hauling goods
to the fort, where already were established several stores, a hotel, &c. Captain
Sutter had only two mechanics in his employ—a wagon-maker and blacksmith—whom
he was then paying $10 per day. Merchants pay him a monthly rent of $100 per
room, and whilst I was there a two-story house in the fort was rented as a hotel for
$500 a month.
At the urgent solicitation of many gentlemen, I delayed there to participate in the
first public celebration of our national anniversary at that fort, but on the 5th re-
sumed the journey and proceeded 25 miles up the American Fork, to a point on it now
known as the lower mines, or Mormon diggings. The hillsides were thickly strewn
with canvas tents and bush arbors. A store was erected, and several boarding shanties
in operation. The day was intensely hot ; yet about 200 men were at work in the full
glare of the sun, washing for gold, some with tin pans, some with close-woven Indian
baskets, but the greater part had a rude machine known as the cradle. This is on
rockers 6 or 8 feet long, open at the foot, and at its head has a coarse grate and sieve;
the bottom is rounded, with small cleets nailed across. Four men are required to
work this machine; one digs the gravel in the bank close by the stream, another
carries it to the cradle and empties it on the grate, a third gives a violent rocking
motion to the machine, whilst a fourth dashes water on from the stream itself. The
sieve keeps the coarse stones from entering the cradle, the current of water washes
off the earthy matter, and the gravel is gradually carried out at the foot of the machine,
MINERAL LANDS OF THE PUBLIC DOMAIN. 313
leaving the gold mixed with fine heavy black sand above the first cleets. The sand
and gold, mixed together, are then drawn off through auger holes into a pan below,
are dried in the sun, and afterwards separated by blowing off the sand. A party of
four men thus employed at the lower mines averaged $100 a day. The Indians, and
those who have nothing but pans or willow baskets, gradually Wash out the earth
and separate the gravel by hand, leaving nothing but the gold mixed with sand,
which is separated in the manner before described. The gold in the lower mines is
in fine bright scales, of which I send several specimens.
As we ascended the south branch of the American Fork the country became more
broken and mountainous, and at the saw-mill, 25 miles above the lower washings, or
50 miles from Sutter's, the hills rise to about 1,000 feet above the level of the Sacramento
plain. Here a species of pine occurs, which led to the discovery of the gold. Captain
Sutter, feeling the great want of lumber, contracted, in September last, with a Mr. Mar-
shall to build a saw-mill at that place. It was erected in the course of the past winter
and spring—a dam and race constructed; but when the water was let on the wheel,
the tail race was found to be too narrow to permit the water to escape with sufficient
rapidity. Mr. Marshall, to save labor, let the water directly into the race, with a
strong current, so as to wash it wider and deeper. He effected bis purpose, and a large
bed of mud and gravel was carried to the foot of the race. One day Mr. Marshall
when walking down the race to this deposit of mud, observed some glittering
particles at its upper edge; he gathered a few, examined them, and became satisfied
of their value. He then went to the fort, told Captain Sutter of his discovery, and
they agreed to keep it secret until a certain grist-mill of Sutter's was finished. It
however got out and spread like magic. Remarkable success attended the labors of
the first explorers, and in a few weeks hundreds of men were drawn thither. At the
time of my visit, but little more than three months after its first discovery, it was
estimated that upwards of 4,000 people were employed. At the mill there is a fine
deposit, or bank of gravel, which the people respect as the property of Captain Sutter,
although he pretends to no right to it, and would be perfectly satisfied with the simple
promise of a pre-emption, on account of the mill which he has built there, at con-
siderable cost. Mr. Marshall was living near the mill, and informed me that many
persons were employed above and below him, that they used the same machines as at
the lower washings, and that their success was about the same, ranging from 1 to 3
ounces of gold per man daily. This gold too is in scales, a little coarser than those
of the lower mines. From the mills Mr. Marshall guided me up the mountain, on the
opposite or north bank of the South Fork, where, in the beds of small streams, or
ravines, now dry, a great deal of the coarse gold has been found. I there saw several .
parties at work, all of whom were doing very well. A great many specimens were
shown me, some as heavy as 4 or 5 ounces in Weight; and I send three pieces, labeled
No. 5, presented by a Mr. Spence. You will perceive that some of the specimens
accompanyif.g. this hold, mechanically, pieces of quartz, that the surface is rough, and
evidently molded in the crevice of a rock. This gold cannot have been carried far by
water, but must have remained Inear where it was deposited from the rock that once
bound it. I inquired of many people if they had encountered the metal in its matrix,
but in every instance they said they had not, but that the gold was invariably mixed
with washed gravel, or lodged in the crevices of other rocks. All bore testimony that
they had found gold in greater or less quantities in the numerous small gullies or
ravines that occur in that mountainous region. On the 7th of July I left the mill
and crossed to a small stream emptying into the American Fork, 3 or 4 miles below
the saw-mill. I struck this stream (now known as Weber's Creek) at the washings of
Suñal & Co. They had about 30 Jndians employed, whom they pay in merchandise.
They were getting gold of a character similar to that found in the main fork, and
doubtless in sufficient quantities to satisfy them. I send you a small specimen, pre-
sented by this company, of their gold. From this point we proceeded up the stream
about 8 miles, where we found a great many people and Indians; some engaged in
the bed of the stream, and others in the small side valleys that put into it. These
latter are exceedingly rich, and 2 ounces were considered an ordinary yield for a day's
work. A small gutter, not more than 100 yards long by 4 feet wide and 2 or 3 feet
deep, was pointed out to me as the one where two men, William Daly and Perry
McCoon, had, a short time before, obtained in seven days $17,000 worth of gold.
Captain Weber informed me that he knew that these two men had employed four
White men and about a hundred Indians, and that, at the end of one week's work,
they paid off their party and had left with $10,000 worth of this gold. Another small
ravine was shown me from which had been taken $12,000 worth of gold. Hundreds
of similar ravines, to all appearances, are as yet untouched. I could not have cred-
ited these reports had I not seen, in the abundance of the precious metal, evidence of
their truth. Mr. Neligh, an agent of Commodore Stockton, had been at work about
three weeks in the neighborhood, and showed me, in bags and bottles, over $2,000
worth of gold; and Mr. Lyman, a gentleman of education and worthy of every credit,
said he had been engaged, with four others, with a machine on the American Fork,
314 MINERAL LANDS OF THE PUBLIC DOMAIN.
just below Sutter's saw-mill, that they worked eight days, and that his share was
at the rate of $50 a day; but, hearing that others were doing better at Weber's place,
they had removed there, and were then on the point of resuming operations. *
I might tell of hundreds of similar instances; but, to illustrate how plentiful the
gold was in the pockets of common laborers, I will mention a simple occurrence which
took place in my presence when I was at Weber's store. This store was nothing but
an arbor of bushes, under which he had exposed for sale goods and groceries suited to
his customers. A man came in, picked up a box of Seidlitz powders, and asked its
price. Captain Weber told him it was not for sale. The man offered an ounce of
gold, but Captain Weber told him it only cost 50 cents, and he did not wish to sell it.
The man then offered an ounce and a half, when Captain Weber had to take it. The
prices of all things are high; and yet Indians, who before hardly knew what a breech-
cloth was, can now afford to buy the most gaudy dresses.
The country on either side of Weber's Creek is much broken up by hills, and is in-
tersected in every direction by Small streams or ravines, which contain more or less
gold. Those that have been worked are barely scratched, and, although thousands
of ounces have been carried away, I do not consider that a serious impression has
been made upon the whole. Every day was developing new and rich deposits, and
the only apprehension seemed to be that the metal would be found in such abundance
as seriously to depreciate in value.
On the 8th of July I returned to the lower mines, and on the following day to Sut-
ter's, where, on the 10th, I was making preparations for a visit to the Feather, Yubah,
and Bear Rivers, when I received a letter from Commodore A. R. Long, United States
Navy, who had just arrived at San Francisco from Mazatlan, with a crew for the sloop-
of-war Warren, and with orders to take that vessel to the squadron at La Paz. Cap-
tain Long wrote to me that the Mexican Congress had adjourned without ratifying
the treaty of peace, that he had letters for me from Commodore Jones, and that his
orders were to sail with the Warren on or before the 20th of July. In consequence of
these, I determined to return to Monterey, and accordingly arrived here on the 17th
of July. Before leaving Sutter's, I satisfied myself that gold exists in the bed of the
Feather River, in the Yubah and Bear, and in many of the small streams that lie be-
tween the latter and the American Fork; also that it had been found in the Cosumnes
to the south of the American Fork. In each of those streams the gold is found in small
Scales, whereas in the intervening mountains it occurs in coarse lumps.
Mr. Sinclair, whose rancho is 3 miles above Sutter's, on the north side of the Ameri-
can, employs about 50 Indians on the North Fork not far from its junction with the
main stream. He had been engaged about five weeks when I saw him, and up to that
time his Indians had used simply closely-woven willow baskets. His net proceeds
(which I saw) were about $16,000 worth of gold. He showed me the proceeds of his
last week’s work—fourteen pounds avoirdupois of clean washed gold. .
The principal store at Sutter's Fort, that of Brannant & Co., had received in pay-
ment for goods $36,000 worth of this gold from the 1st of May to the 10th of July;
other merchants had also made extensive sales. Large quantities of goods were daily
sent forward to the mines, as the Indians, heretofore so poor and degraded, have sud-
denly become consumers of the luxuries of life. I before mentioned that the greater
part of the farmers and rancheros had abandoned their fields to go to the mines; this
is not the case with Captain Sutter, who was carefully gathering his wheat, estimated
at 40,000 bushels. Flour is already worth at Sutter's $36 a barrel, and soon will be
$50. Unless large quantities of bread-stuffs reach the country, much suffering will
occur; but as each man is now able to pay a large price, it is believed the merchants
will bring from Chili and Oregon a plentiful supply for the coming winter.
The most moderate estimate I could obtain from men acquainted with the subject
was that upwards of 4,000 men were working in the gold district, of whom more than
half were Indians, and that from $30,000 to $50,000 worth of gold, if not more, was
daily obtained. The entire gold district, with very few exceptions of grants made
some years ago by the American authorities, is on land belonging to the United States.
It was a matter of serious reflection with me how I could secure to the Government
certain rents or fees for the privilege of procuring this gold; but, upon considering
the large extent of country, the character of the people engaged, and the small scat-
tered force at my command, I resolved not to interfere, but permit all to work freely,
unless broils and crimes should call for interference. I was surprised to learn that
crime of any kind was very unfrequent, and that no thefts or robberies had been com-
mitted in the gold district. All live in tents, in bush houses, or in the open ºir, and
men have frequently about their persons thousands of dollars’ worth of this gold:
and it was to me a matter of surprise that so peaceful and quiet a state of things
should continue to exist. Conflicting claims to particular spots of ground may cause
collisions, but they will be rare, as the extent of country is so great, and the gold so
abundant, that for the present there is room and enough for all; still the Government
is entitled to rents for this land, and immediate steps should be devised to collect
them, for the longer it is delayed the more difficult it will become. One plan I would
MINERAL LANDS OF THE PUBLIC DOMAIN. 315
suggest is to send out from the United States surveyors, with high salaries, bound to
serve specified periods; a superintendent to be appointed at Sutter's Fort, with power
to grant licenses to work a spot of ground, say 100 yards square, for one year at a
rent of from $100 to $1,000, at his discretion; the surveyors to measure the grounds and
place the renter in possession. A better plan, however, will be to have the district
surveyed and sold at public auction to the highest bidder, ir. Small parcels, say from
20 to 40 acres. In either case there will be many intruders, whom for years it will be
almost impossible to exclude.
The discovery of these vast deposits of gold has entirely changed the character of
Upper California. Its people, before engaged in cultivating their small patches of
ground and guarding their herds of cattle and horses, have all gone to the mines, or
are on their way thither; laborers of every trade have left their work-benches, and
tradesmen their shops; sailors desert their ships as fast as they arrive on the coast, and
Several vessels have gone to sea with hardly enough hands to spread a sail; two or
three are now at anchor in San Francisco with no crews on board. Many desertions,
too, have taken plage from the garrisons within the influence of the mines; 26 sol-
diers have deserted from the post of Sonoma, 24 from that of San Francisco, and 24
from Monterey. For a few days the evil appeared so threatening that great danger
existed that the garrisons would leave in a body; and I refer you to my orders of the
25th of July to show the steps adopted to meet this contingency. I shall spare no
exertions to apprehend and punish deserters; but I believe no time in the history of
our country has presented such temptations to desert as now exist in California. The
danger of apprehension is small, and the prospect of higher wages certain; pay and
bounties are trifles, as laboring men at the mines can now earn in one day more than
double a soldier's pay and allowances for a month, and even the pay of a lieutenant
or captain cannot hire a servant. A carpenter or mechanic would not listen to an
offer of less than $15 or $20 a day. Could any combination of affairs try a man's fidel-
ity more than this? And I really think some extraordinary mark of favor should be
given to those soldiers who remain faithful to their flag throughout this tempting
crisis. No officer can now live in California on his pay. Money has so little value,
the prices of necessary articles of clothing and subsistence are so exorbitant, and
labor so high, that to hire a cook or servant has become an impossibility, save to those
who are earning from $30 to $50 a day. This state of things cannot last forever; yet,
from the geographical position of California, and the new character it has assumed
as a mining country, prices of labor will always be high, and will hold out tempta-
tions to desert. I therefore have to report, if the Government wish to prevent deser-
tions here on the part of men, and to secure zeal on the part of officers, their pay must
be increased very materially. Soldiers both of the volunteer and regular service dis-
charged in this country should be permitted at once to locate their land warrants in
the gold district. Many private letters have gone to the United States giving accounts
of the vast quantity of gold recently discovered, and it may be a matter of surprise
why I have made no report on this subject at an earlier date. The reason is, that I
could not bring myself to believe the reports that I heard of the wealth of the gold
district until I visited it myself. I have no hesitation now in saying that there is
more gold in the country drained by the Sacramento and San Joaquin Rivers than
will pay the cost of the present war with Mexico a hundred times over. No capital
is required to obtain this gold, as the laboring man wants nothing but his pick,
shovel, and tin pan, with which to dig and wash the gravel; and many frequently
pick gold Öut of the crevices of rock with their butcher knives in pieces from one to
six ounces.
Mr. Dye, a gentleman residing in Monterey, and worthy of every credit, has just
returned from Feather River. He tells me that the company to which he belonged
worked seven weeks and two days, with an average of 50 Indians (washers), and
that their gross product was 273 pounds of gold. His share, one-seventh, after pay-
ing all expenses, is about 37 pounds, which he brought with him and exhibits in
Monterey. I see no laboring man from the mines who does not show his two, three,
and four pounds of gold. A soldier of the artillery company returned here a few days
ago from the mines, having been absent on furlough 20 days; he made by trading and
Working during that time $1,500. During these 20 days he was traveling 10 or 11 days,
leaving but a week, in which he made a sum of money greater than he receives in
pay, clothes, and rations during a whole enlistment of five years. These statements
appear incredible, but they are true.
Gold is believed also to exist on the eastern slopes of the Sierra Nevada, and when
at the mines, I was informed by an intelligent Mormon that it had been found near
the Great Salt Lake by some of his fraternity. Nearly all the Mormons are leaving
California to go to the Salt Lake, and this they surely would not do unless they
were sure of finding gold there in the same abundance as they now do on the Sac-
Tament.O. -
The gold “placer” near the mission of San Fernando has long been known, but has
been but little wrought for want of water. This is a spur that puts off from the
316 MINERAL LANDS OF THE PUBLIC DOMAIN.
Sierra Nevada (see Fremont's map), the same in which the present mines occur.
There is, therefore, every reason to believe that in the intervening space of 500 miles
(entirely unexplored) there must be many hidden and rich deposits.
The placer gold is now substituted as currency of this country; in trade it passes
freely at $16 per ounce; as an article of commerce its value is not yet fixed. The
only purchase I made was of the specimen No. 7, which I got of Mr. Neligh at $12 the
ounce. That is about the present cash value in the country, although it has been
sold for less. The great demand for goods and provisions made by this sudden devel-
opment of wealth has increased the amount of commerce at San Francisco very much,
and it will continue to increase.
I would recommend that a mint be established at some eligible point on the bay
of San Francisco, and that machinery, and all the apparatus and workmen, be sent
by sea. These workmen must be bound by high wages, and even bonds, to secure
their faithful services; else the whole plan may be frustrated by their going to the
mines as soon as they arrive in California. If this course be not adopted, gold to the
amount of many millions of dollars will pass yearly to other countries, to enrich their
merchants and capitalists. Before leaving the subject of mines, I will mention that
on my return from the Sacramento I touched at New Almoden, the quicksilver mine
of Mr. Alexander Forbes, consul of her Britannic Majesty at Tepic. This mine is in a
spur of mountains 1,000 feet above the level of the bay of San Francisco, and is dis-
tant in a southern direction from the Pueblo San Jose about 12 miles. The ore (cin-
nabar) occurs in a large vein dipping at a strong angle to the horizon. Mexican miners
are employed in working it, by driving shafts and galleries about 6 feet by 7, fol-
lowing the vein.
The fragments of rock and ore are removed on the backs of Indians in raw-hide
sacks. The ore is then hauled in an ox wagon from the mouth of the mine down to
a valley well supplied with wood and water, in which the furnaces are situated.
These furnaces are of the simplest construction, exactly like a common bake-oven, in
the crown of which is inserted a whaler's trying kettle; another inverted kettle forms
the lid. From a hole in the lid a small brick channel leads to an apartment or cham-
ber, in the bottom of which is inserted a small irou kettle. This chamber has a
chimney.
In the morning of each day the kettles are filled with mineral (broken in small
pieces), mixed with lime; fire is then applied, and kept up all day. The mercury,
volatilized, passes into the chamber, is condensed on the sides and bottom of the
chamber, and flows into the pot prepared for it. No water is used to condense the
mercury. '. -
During a visit I made last spring, four such ovens were in operation, and yielded in
the two days I was there 656 pounds of quicksilver, worth at Mazatlan $1.80 per pound.
Mr. Walkinshaw, the gentleman now in charge of this mine, tells me that the vein is
improving, and that he can afford to keep his people employed even in these extraordi-
nary times. This mine is very valuable of itself, and becomes the more so, as mercury
is extensively used in obtaining gold. It is not at present used in California for that
purpose, but will be at some future time. When I was at this mine last spring, other
parties were engaged in searching for veins; but none have been discovered that are
worth following up, although the earth in that whole range of hills is highly discol-
ored, indicating the presence of this ore. I send several beautiful specimens, properly
labeled. Th9 amount of quicksilver in Mr. Forbes's vats on the 15th of July was
about 25,000 pounds. *
I inclose you here with sketches of the country through which I passed, indicatin
* ºn of the mines, and the topography of the country in the vicinity of those
visited.
Somre of the specimens of gold accompanying this were presented for transmission
to the Department by the gentlemen named below; the numbers on the topographical
sketch, corresponding to the numbers on the labels of the respective specimens, show
from what part of the gold region they were obtained:
1. Capt. J. A. Sutter.
2. John Sinclair.
3. William Glover, R. C. Kirby, Ira Blanchard, Levi Fairfield, Franklin H. Ayer;
Mormon Diggings. .*
. Chas. Weber.
. Robert Spence.
. Sufial & Co.
. Robert D. Neligh.
. C. E. Picket, American Fork, Columa.
. E. C. Kemble.
. T. H. Green, from San Fernando, near Los Angeles.
Two ounces purchased from Mr. Neligh.
Sand found in washing gold, which contains small particles.
. Captain Frisbie, Dry Diggings, Weber's Creek.
1
MINERAL LAND'S OF THE PUBLIC DOMAIN. 31.7
12. Cosumnes.
13. Cosumnes, Hartnell's Ranch.
14. A small specimen, supposed to be platina, found mixed with the finer particles
of the gold.
I have the honor to be your obedient servant,
R. B. MASON,
Colonel First Dragoons, Commanding.
- General R. JONES,
Adjutant-General, U. S. A., Washington, D. C.
MINING DISTRICT UNDER LOCAL USAGE–HOW ORGANIZED.
As an illustration of how a miner's camp, and placer mining district as well, was or-
ganized in California in the early days and is at the present time, to a certain extent, in
many portions of the precious-metal mining States and Territories, the following laws
and regulations for the internal government of the encampment of Jacksonville, Cal.,
in 1850, are here with given. -
The residents of the camp or town, twenty or thirty in number, held a meeting in
front of Colonel Jackson's store on the 20th of January, 1850, and proceeded to organize
a placer mining district. This local law, it will be noticed, assumed both civil and
criminal jurisdiction, there being no legal tribunals of justice, and this course was
necessary for the maintenance of social order:
Mining Camp at Jacksonville, Cal.—Organization and Rules.
ARTICLE I. The officers of this district shall consist of an alcalde and sheriff, to be
elected in the usual manner by the people, and continue in office at the pleasure of the
electors.
ART. II. In case of the absence or disability of the sheriff the alcalde shall have
power to appoint a deputy. -
ART. III. Civil causes may be tried by the alcalde, if the parties desire it; otherwise
they shall be tried by a jury.
ART. IV. All criminal cases shall be tried by a jury of eight American citizens, un-
less the accused should desire a jury of twelve persons, who shall be regularly sum-
moned by the sheriff and sworn by the alcalde, and shall try the case according to
the evidence. *
ART. V. In the administration of law, both civil and criminal, the rule of practice
shall conform as near as possible to that of the United States, but the forms and cus-
toms of no particular State shall be required or adopted.
ART. VI. Each individual locating a lot for the purpose of mining shall be entitled
to twelve feet of ground in width, running back to the hill or mountain and forward
to the center of the river or creek, or across a gulch or ravine (except in cases herein-
after provided for), lots commencing in all cases at low-water mark and running at
right angles with the stream where they are located.
ART. VII. In cases where lots are located according to Article VI and the parties
holding them are prevented by the water from working the same, they may be repre-
sented by a pick, shovel, or bar, until in a condition to be worked; but should the tool
or tools aforesaid be stolem or removed, it shall not dispossess those who located it,
provided he or they can prove that they were left as required ; and said location shall
not remain unworked longer than one week, if in condition to be worked; otherwise
it shall be considered as abandoned by those who located it (except in cases of sick-
ness).
ART. VIII. No man or party of men shall be permitted to hold two locations, in a
Condition to be worked at the same time.
ART. IX. No party shall be permitted to throw dirt, stones, or other obstructions
upon located ground adjoining them. -
ART. X. Should a company of men desire to turn the course of a river or stream for
the purpose of mining they may do so (provided it does not interfere with those
working below them), and hold and work all the ground so drained, but lots located
Within said ground shall be permitted to be worked by their owners, so far as they could
have been worked without the turning of the river or stream; and this shall not be
construed to affect the rights and privileges heretofore guaranteed or prevent redress
by suit at law. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --. -- - - - - - - - - - -
ART. XI. No person coming direct from a foreign country shall be permitted to locate
or work any lot within the jurisdiction of this encampment.
ART, XII. Any person who shall steal a mule, or other animal of draught or burden,
or shall enter a tent or dwelling and steal therefrom gold dust, money, provisions,
318 MINERAL LANDS OF THE PUBLIC DOMAIN.
goods, or other articles amounting in value to one hundred dollars or over, shall, on
conviction thereof, be considered guilty of felony, and suffer death by hanging. Any
aider or abettor therein shall be punished in like manner.
ART. XIII. Should any person willfully, maliciously, and premeditatedly take the
life of another, on conviction of the murder, he shall suffer death by hanging.
ART. XIV. Any person convicted of stealing tools, clothing, or other articles, of less
value than one hundred dollars, shall be punished and disgraced by having his head
and eyebrows close shaved and shall leave the encampment within twenty-four hours.
ART. XV. The fee of the alcalde for issuing a writ or search-warrant, taking an
attestation, giving a certificate or any other instrument of writing shall be five dol-
lars; for each witness he may swear, two dollars; and one ounce of gold dust for each .
and every case tried before him.
The fee of the sheriff in each case shall be one ounce of gold dust and a like sum
for each succeeding day employed in the same case. The fee of the jury shall be half
an ounce in each case.
A witness shall be entitled to four dollarsin each case. -
ART. XVI. Whenever a criminal convict is unable to pay the costs of the case, the
alcalde, sheriff, jurors, and witnesses shall render their services free of remuneration.
ART. XVII. In case of the death of a resident of this encampment, the alcalde shall
take charge of his effects and dispose of them for the benefit of his relatives or
friends, unless the deceased otherwise desire it.
ART. XVIII. All former acts and laws are hereby repealed and made null and void,
except where they conflict with claims guaranteed under said laws.
ABNER PITTS, JR., Secretary.
JACKSON VILLE, January 20, 1850.
THE PRESENT METHOD OF ORGANIZING A MINING DISTRICT.
This, of course, was in the early days when there was neither State nor county organ-
ization. At this date the following system of organization of mining districts, quartz
or placer, obtains: Meetings of two or more miners or others are held. The metes
and bounds of the district, quartz or placer, are agreed upon. A code of rules and regu-
lations is made for location and size of claims, a compliance with which gives possessory
title to claims. A recorder is elected, who charges a fee for reëording, and the district
is organized. This proceeding is protected by State or Territorial law, and confirmed
by the United States mining laws, which require that claimants shall comply with
the local regulations of miners. Thus the titles to properties which may yield millions
are initiated. & - -
EXECUTIVE AND DEPARTMENTAL RECOMMENDATIONS.
The Secretary of the Interior, Hon. Caleb B. Smith, in his annual report for 1861
called the attention of Congress to the fact that—
The valuable and extensive mineral lands owned by the Government in California
and New Mexico have hitherto produced no revenue. All who chose to do so have
been permitted to work them without limitation. It is believed that no other govern-
ment owning valuable mineral lands has ever refused to avail itself of the opportu-
ity of deriving a revenue from the privilege of mining such lands. They are the
property of the whole people, and it would be obviously just and proper to require
whose who reap the advantages of mining them to pay a reasonable amount as a con-
sideration for the advantages enjoyed. -
And, again, in his report for 1862, he urged attention to this subject, and referred to
the report of the Commissioner of the General Land Office. The Secretary suggested two
systems of disposal. The Commissioner of the General Land Office, in his annual re-
port for 1862, after a review of the area of the precious-metal bearing territory and
the yield from the mines, gave the following opinion:
An immense revenue may readily be obtained by subjecting the public mines either
to lease under quarterly payments or quarterly tax as seigniorage upon the actual
product, under a well-regulated and efficient system, which would stimulate the en-
ergies of miners and capitalists by securing to such classes an undisputed interest in
localities so specified, and, when the conditions as to payment for the usufruct are
complied with, for unlimited periods, and while effecting this with beneficial results
to them would relieve the necessities of the Republic.
In 1863 the Commissioner of the General Land Office again called attention to the
mineral lands, recommending legislation for— • ‘
MINERAL LANDS OF THE PUBLIC DOMAIN. 319
Opening the mines and minerals of the public domain, the property of the nation,
to the occupancy of all loyal citizens, subject, as far as compatible with moderate
seigniorage, to existing customs and usages, conceding to the discoverer for a small
sum a right to one mine, placer, or lead (quartz), withºa pre-emptive right in the
same district to an additional claim, both to be held for the term of one year, for test-
ing the value.
Collectors of internal revenue were to be the collectors of royalty.
December 6, 1864, President Lincoln called the attention of Congress to the Imineral
lands, and also to the report of the Secretary of the Interior on the subject. The
Secretary of the Interior in his report asks for an appropriation to enable the Depart-
ment to have made a scientific examination of the principal mining localities, and of
the mineral regions generally. Former geological and mineralogical surveys of the
public domain had been done under the direction of the Commissioner of the General
Land Office and the Interior Department. -
The Commissioner of the General Land Office, in his report for 1864, entered at length
into a description of the precious-metal bearing regions. He repeated the recom-
mendation contained in his report for 1863 (see above), in regard to method of dis-
position of these lands. -
The Commissioner of the General Land Office, in his report for 1865, again showed
the necessity for Congressional action. -
The Secretary of the Interior, in his report for 1865, said:
The organization of a bureau of mining was recommended in the last annual report
of this Department. The attention of Congress is again invited to the subject. All
lands denominated mineral which do not bear the precious metals should be brought
into market, and thus placed under the guardianship of private owners. * * *
Individual proprietorship, it is conceded, would stimulate the development of coal
fields, petroleum, deposits of iron, lead, and of other gross metals, and mineral forma-
tions. There can, therefore, be no sufficient reason for withholding such mineral
lands from market. Congress has not legislated with a view to securing an income
from the product of the precious metals from the public domain. It is estimated that
two or three hundred thousand able-bodied men are engaged in such mining operations
on the public lands, without authority of law, who pay nothing to the Government
for the privilege, or for the permanent possession of property worth, in many instances,
millions to the claimants. -
The existing financial condition of the Nation obviously requires that all our na-
tional resources and the product of every industrial pursuit, should contribute to the
payment of the public debt. The wisdom of Congress must decide whether the public
interest would be better promoted by a sale in fee of these mineral lands, or by raising
a revenue from their annual product.
RETROSPECT OF MINING LEGISLATION PRIOR TO 1866.
The mining laws of the United States began with the reservation, in the ordinance
of May 20, 1785, of one-third part of all gold, silver, lead, and copper mined; next
came the Indiana act of March 3, 1807, authorizing the lease of lands containing
lead, with lease of adjoining land for easements, and forest lands for wood for smelting
purposes, for a term of not more than five years. The authority to make leases and
to collect rents from the same, was in charge of the War Department (until March
4, 1849), which had a corps of employés, headed by a superintendent, to overlook the
business, watch wastage, and receive rents; the act of March 25, 1816—the occupancy
and trespass act—provided that the working of lead mines on the public lands was
only to be granted after approval by the President.
The first sale of mineral lands was that of the reserved lead mines and contiguous
lands in the State of Missouri, under act of March 3, 1829. They were to be exposed
for sale as other public lands, at $2.50 per acre; but lead and other mineral lands on
the public domain, elsewhere than in Missouri, were still reserved from sale.
The act of July 1, 1846, ordered the reserved lead mines and contiguous lands in
Illinois, Arkansas, and the Territories of Wisconsin and Iowa, to be sold as other
public lands, after six months' public notice, following the Missouri act of 1829, with
the addition of the provision that the lands should be offered and held subject to pri-
320 MINERAL LANDS OF THE PUBLIC DOMAIN.
Vate entry before pre-emptions were allowed. The register and receiver were to take
proof as to character of lands, whether mineral (i. e., containing lead) or agricultural.
The act of March 1, 1847, epened for sale lands containing copper, lead, and other
Valuable ores after geographical examination and survey, and provided that there
should be public advertisement of six months, and then public sale at not less than
$5 per acre, those not disposed of at public auction to be subject to private sale at $5.
per acre. -
. The act of March 3, 1847, ordered sale of mineral lead lands in Chippewa District,
in Wisconsin, and the act of 1850 ordered sale of the remaining mineral lands in Lake
Superior District in Michigan, in the same manner, at the same minimum, and with
the same rights of pre-emption, as other public lands.
From the period of 1785 to the discovery of the great gold fields of California, in
1848, the legislation of the Congress of the United States as to survey, lease, and sale
of mineral lands, had been for lead, copper, and other base metals, and applied to
the territory in the region of the great lakes in the now States of Michigan, Wisconsin,
Minnesota, Iowa, and Illinois, embracing the lead mines at Galena and the point now
known as Dubuque (where a miner of that name in 1788 first worked lead mines, and
subsequently, under permit from Carondelet, the Spanish governor-general) and the
present State of Missouri. Under these various laws, the copper, lead, and iron lands
(also the silver lands since discovered) of the above-mentioned regions were sold.
Since the discovery of gold in paying quantities in California, in 1848, there has been
produced in the United States the sum of $1,980,463,792 in gold and silver. All but
about $1,000,000 of this sum (which would represent the gold and silver extracted in the
States other than public-land States) has been extracted from the lands of the public
domain.
The following estimate of the yearly production of gold and silver from 1848 to 1880,
is from the reports of the Director of the Mint:
Estimate of the production of the precious metals in the United States from 1848 to 1880, by
fiscal years.
[See page 980.]
ilva Total gold
Date Gold. Silver. and silver.
1848-------------------- tº sº s tº ºr * * * * * * * * * * * * tº sº sº sº sº ºn e s is ºn tº * is tº tº s sº $10,000, 000 | . . . . . . . . . . . . $10,000, 000.
* ------------------------------------------------------ 40,000, 000 $50,000 40,050, 000
*0------------------------------------------------------ 50, 000, 000 50, 000 5ſ), 0:50, 000
* ------------------------------------------------------ 55,000, 000 50,000 55, 050, 000
* -----------------------------------------------------. 60,000, 000 50,000 || 60,050, 000
1858 ---------------------- * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ~ * 65,000, 000 50, 000 65, 0.50, 000
* ------------------------------------------------------ 60,000, 000 50, 000 60,050, 000
180°------------------------------------------------------ 55,000, 000 50,000 55, 050, 000
* ------------------------------------------------------ 55,000, 000 50, 000 55,050, 000
1857 ------------------------------------------------------ 55,000, 000 50,000 55, 050, 000
1898------------------------------------------------------ 50,000, 000 50,000 50,050, 000
1859 ------------------------------------------------------ 50,000, 000 100, 000 50, 100,000
1860 ------------------------------- tº a se sº gº º sº as a sº sº sº e s = * * * * * * * * 46,000, 000 J50, 000 46, 150,000
1861 ------------------------------------------------------ 43,000, 000 2,000, 000 45,000,000
180°-----------------------------------------------------. 39, 200, 000 4, 500,000 43, 700, 000
1808------------------------------------------------------ 40,000, 000 8, 500,000 48,500,000
1864------------------------------------------------------ 46,000, 000 11, 000, 000 57, 000, 000
186?------------------------------------------------------ 53, 225,000 11, 250,000 64,475. 000
1866 ------------------------------------------------------ 53, 500,000 10,000, 003 63, 500,000
1867 ------------------------------------------------------ • 51,725,000 13, 500,000 || 65,225,000
1808------------------------------------------------------ 48,000, 000 12,000, 000 60,000, 000
1869------------------------------------------------------ 49, 500,000 12,000, 000 61, 500,000
1870------------------------------------------------------ 50,000, 000 16, 000, 000 66,000, 600
1871 ------------------------------------------------------ 43,000, 000 23, 000,000 66,000, 000
1872 ------------------------------------------------------ 36,000, 000 28,750, 000 64, 750,000
1878------------------------------------------------------ 36,000, 000 35, 750, 000 71, 750,000
1874------------------------------------------------------ 33,490,902 37, 324,594 70, 815, 496
1875 ------------------------------------------------------ 33,467, 856 31, 727, 560 65, 195,416
1876 ----------------------------------------------------- 39, 929, 166 38, 783, 016 78,712, 182
1877 ------------------------------------------------------ 46, 897, 390 39,793, 573 86,600, 963
1878------------------------------------------------------ 51, 206, 360 45,281,385 96,487,745
1879 ------------------------------------------------------ 38, 899, 858 40, 812, 132 79, 711, 990
1880 ------------------------------------------------------ 36,000,000 37, 700,000 73,700,000
Total.---------------------------------------------- 1, 520,041, 532 460, 422, 260 | 1,980, 463,792
MINERAL LANDs of THE PUBLIC DOMAIN. 321
The ordinance of 1785, for the sale of the Western Territory, reserved one-third part
of gold and silver from the public lands. The present gold and silver regions of the
West were then in the province of Spain. The laws of the United States, excepting
the comprehensive word “mineral,” as applied to reserved lands, and the pre-emption
act of September 4, 1841, the Oregon act of September 27, 1851, and other incidental
mention prior to that time, were silent as to gold, silver, and cinnabar.
The act of March 3, 1853, creating the office of surveyor-general of California, ex-
cepted, in express terms, mineral lands from lands subject to entry under the pre-
emption act of September 4, 1841, and no person was to have the benefit of the act
by settlement or location on mineral lands. -
The act of July 22, 1855, Relating to the surveyor general's office in New Mexico,
&c., provided by the fourth section for the exemption of mineral lands from the op-
erations of the acts named. This was the status at the period of the passage of the
first general mining law of the United States, July 26, 1866.
THE CONDITION OF THE PRECIOUS-METAL BEARING REGIONS PRIOR TO 1866.
In the precious-metal-bearing regions on the public domain in California, Oregon,
Nevada, Colorado, and the Territories, there had grown up a system of local regu-
lations governing the location, size, and possession of mining claims, with water rights
appurtenant thereto. These regulations were not uniform, but varied with different
localities, and at first related only to placer claims. Quartz mining was a secondary
stage, and regulations for this system were established as soon as required. Mineral
districts were organized by the miners of each particular locality at meetings held for
the purpose, and for each district an officer, known as the recorder, was elected, whose
duty it was to record, in a book kept for that purpose, all notices of mining locations
or claims filed with him. It was generally made essential to the validity of a claim.”
that it should be recorded. These regulations at first rested entirely upon the con-
sent of the miners; but they became recognized as customs by the courts, and were
held to be binding in all matters relating to the possessory title to mining claims. In
the civil codes enacted by the State or Territorial legislatures these local rules were
respected and generally specifically recognized. They sprung from the sterling good
sense of the American miner, and were adapted to the wants and necessities of a great
industry for which there would otherwise have been no protection. They protected
millions of property and aided in opening up a region of incalculable wealth. Pros-
pectors, under this code of laws, with pick, pan, and shovel, on mountain side, amidst
winter's rugged grasp, on the plains, under Sunny skies, in the quiet nooks and flowery
ravines of the lower slopes of the Sierras, lifted from the matrix of nature the golden
treasure, and toiled on as safely protected in their property as if in the midst of the
highest civilization.
These laws protected and controlled the possession, and provided for the distribution
of hundreds of millions of dollars of property, and affected the people of a half million
square miles of territory. (For a list of mining districts, deputy mineral surveyors,
&c., see Preliminary Report Land Commission, 1880, and Reports General Land Office
from 1866 to 1880.)
The Congress of the United States by the act of general mining, July 26, 1866, and
the supplemental act of May 10, 1872, confirmed these local usages.
THE MINING ACT OF JULY 26, 1866.
The act of July 26, 1866, ordered that “the mineral lands of the public domain,
both surveyed and unsurveyed,” were “to be free and open to exploration and occupa-
tion by all citizens of the United States, and those declaring their intention to become
citizens, subject to such regulations as may be prescribed by law,” and “subject also
to the local customs or rules of miners in the several mining districts, so far as the
same may not be in conflict with the laws of the United States.”
The second section of this act provided “that whenever any person or association
21 L O—WOL III
322 MINERAL LANDS OF THE PUBLIC DOMAIN.
of persons claim a vein or lode of quartz, or other rock in place, bearing gold, silver,
cinnabar, or copper, having previously occupied and improved the same according to
the local custom or rules of miners in the district where the same is situated, and
having expended in actual labor and improvements not less than $1,000," such claim-
ants, where there is no conflict, after filing in “the local land office a diagram of the
same,” according to local laws, customs, and miners' rules, can “enter such tract and
receive a patent therefor, granting such mine, together with the right to follow such
vein or lode, with its dips, angles, and variations, to any depth.”
The other sections of the law prescribed with specialty the mode of consummating
individual rights, surveys, &c.; also in reference to conflicts, rights of way, priority
“of possession,” right to the use of water for mining, agricultural, manufacturing, or
other purposes; to homesteads existing prior to the date of the act, which are used for
agriculture, on which valuable mines are not discovered, the law conferring authority
on the Secretary of the Interior for setting apart, after survey, the agricultural lands
So as to subject them to pre-emption and sale.
PLACER-MINING ACT, JULY 9, 1870.
July 9, 1870, Congress provided for a class of “placer” mining not recognized in
the lode act of July 26, 1866 (see Stats. at Large). This act provided for the survey
and sale of the placer-mining lands of the United States at $2.50 per acre.
THE MINING ACT OF MAY 10, 1872.
The mining act of May 10, 1872, amended the original mining act of 1866, and con-
stituted mineral lands a distinctive class subject to special conditions of sale and affixed
prices differing wholly from the requirements in these respects as to other lands. It
provided for the survey and sale of mineral lands, fixing the price of placer lands at
$2.50 per acre and $5 for lode claims, and repealed, in effect, the ditch and water
rights' act of July 26, 1866. The present laws for the disposition of of the mineral
lands of the United States are found in chapter 6, of the Revised Statutes, title “Min-
eral Lands and Mining Resources,” and in the Regulations of the General Land Office
of date April 1, 1879.
PROVISIONs of THE EXISTING MINING LAw.
Under section 2318, Revised Statutes, lands valuable for minerals are reserved from
sale except as otherwise expressly directed by law. Section 2319 provides for their
location by citizens of the United States or those who have declared their intention
to become such. The law covers claims for lands bearing gold, silver, cinnabar, lead,
tin, copper, or other valuable deposits, and for the above and other valuable and eco-
nomic minerals, found in lodes of quartz or other rock in place, titles can be obtained
from the United States under the existing laws at $5 per acre. -
Claims cannot exceed 1,500 feet in length along the vein or lode, and 300 feet on
each side of the middle of the vein at the surface, the end lines of the claims to be
parallel. *
No vein or lode claim located after May 10, 1872, can exceed a parallelogram 1,500
feet in length by 600 in width. The size below this maximum may be regulated by
State or Territorial laws or the rules of the several mining districts.
No local regulation or State or Territorial law can limit a vein or lode claim located
since May 10, 1872, to less than 1,500 feet along the vein or course thereof, whether the
location is made by one or more persons, nor can surface rights be limited to less than
50 feet in width, unless adverse rights existing on the 10th day of May, 1872, render
such lateral limitations necessary. This saving clause is essential from the fact that
in many of the mining States and Territories, the local rules did not permit the loca-
tion of surface ground. There are now three classes of location recognized—those
made prior to July 26, 1866; those between that date and May 10, 1872; and those
made since May 10, 1872. The variety in size and quantity of locations cannot here
MINERAL LANDS OF THE PUBLIC DOMAIN. 323
be detailed at length. Under the United States mining law, the maximum of a quartz -
lode or vein claim is 1,500 by 600 feet, and the minimum 1,500 by 50 feet, being about
20.66 acres maximum, or 1.72 acres minimum. Cost of surveys, &c., are paid by the
claimants, and the land is paid for at $5 for each acre or fraction of an acre.
Locations are made under regulations prescribed by law, and according to the local
customs or rules of miners in the several mining districts, so far as the same are ap-
plicable, and not inconsistent with the laws of the United States. The United States
has the authority and can provide a general and uniform system of location, areas,
&c., entirely superseding the various State, Territorial, and district laws. Some of
the mining States and Territories have adopted the United States mining law of May
10, 1872, as to area; others protect other forms and areas of location by law. (For a
full statement of the various methods of locations, holdings, miners' rules, &c., see
Preliminary Report of Public Land Commission and Testimony, 1880, which gives the
methods prevailing, and the legal status in California, Oregon, Nevada, Colorado,
Idaho, Dakota, Arizona, Montana, Utah, Washington, Wyoming, and New Mexico.)
COST OF PATENTS TO THE UNITED STATES AND CLAIMANTS.
It costs the United States on an average $20 to patent each mining claim. During
the year ending June 30, 1880, there were issued 886 patents to mining claims. All of
the work appertaining thereto, involving an examination of the evidence accompany-
ing the entry papers, including that relating to contests, was executed by the min-
eral division of the General Land Office, at a cost to the government for salaries of
$17,600, an average of about $20, in each casex. Where the survey and papers have
been properly prepared, and no controversy exists, the cost in a particular case will
not exceed $3.
The cost to the claimant is as problematical as that of a lawsuit. He is required
to pay the expense of survey, including platting and other office work of the surveyor-
general's office, which will average about $160; also, fees to the register and receiver,
$10, and expense of publication of notice, averaging $30; in all, $200. Practically,
however, it is estimated that the average cost to the claimant falls but little, if any,
short of $1,000 in each case.
PLACER CLAIMS–PATENTS THEREFOR.
The proceedings to obtain patent for placer claims, including all forms of deposit,
are essentially similar to the proceedings prescribed for obtaining patents for lode or
vein claims. But placer claims, when on surveyed lands and conforming to legal subdi-
visions, require no further plat or survey, and 40-acre subdivisions may be cut into 10-
acre lots and sold as placer claims. Where placer claims cannot be conformed to legal
subdivisions, survey and plat must be made as on unsurveyed lands; but where such
claims are located previous to the public surveys, and do not conform to legal subdi-
visions, survey, plat, and entry thereof may be made according to the boundaries
thereof, provided the location is in all respects legal.
These lands are sold at $2.50 for each acre or fraction of an acre.
No location of a placer claim made after July 9, 1870, can exceed 160 acres for any
one person or association of persons.
All placer-mining claims located after May 10, 1872, must conform as nearly as prac-
ticable with the United States system of public surveys and the subdivisions of such
surveys, and no such locations can include more than 20 acres for each individual
claimant. The act of July 9, 1870, absolutely required locations made after its pas-
Sage to conform to legal subdivisions, but the act of May 10, 1872, modified this require-
ment by making such conformation necessary only where practicable.
The foregoing provisions of law are construed to mean that after the 9th day of
July, 1870, no location of a placer claim can be made to exceed 160 acres, whatever
may be the number of locators associated together, or whatever the local regulations
of the district may allow; and that from and after May 10, 1872, no location made by
324 MINERAL LANDS OF THE PUBLIC DOMAIN.
an individual can exceed 20 acres, and no location made by an association can exceed
20 acres for each person. In order to locate 160 acres, eight bona-fide locators are
required. No local laws or mining regulations can restrict a placer location to less
than 20 acres, although the locator is not compelled to take so much.
Mill sites must be located on non-mineral lands not contiguous to the vein or lode,
and not exceed five acres, and may be included in the patent for a mine at $5 per acre.
(See sec. 2337 R. S.) -
Tunnel rights, in tunnels run for the development of a vein or lode or for the dis-
covery of mines, are provided. Proprietors of a mining tunnel, run in good faith, are
entitled to the possessory right of all blind lodes cut, discovered, or intersected by
such tunnel, which were not previously known to exist, within 3,000 feet of the face or
point of commencement of such tunnel, to the same extent as if such lodes had been
discovered on the surface, and other parties are prohibited, after the commencement
of the tunnel, from prospecting for and making location on the line thereof and within
said distance of 3,000 feet, unless such lodes appear upon the surface or were previously
known to exist. (See sec. 2323 R. S.) •
For requirements necessary to obtain the benefit of this law, see pages 16–17, “Reg-
ulations General Land Office, April 1, 1879.”
IRON HELD TO, BE A VALUABLE MINERAL.
Iron has been held, along with many other minerals when on the public domain, to
come within section 2325 of the Revised Statutes, under the denomination of valuable
deposits, and can be paid for at the rate of $2.50 or $5 per acre, depending upon
whether the deposit is in placer or lode form. -
THE POLICY OF THE UNITED STATES IN RELATION TO MINERAL LANDS.
The policy of the United States in relation to the sale and disposition of the mineral
lands of the public domain—beginning with its reservation of portions of the metal
therefrom, next occupancy rights, then leases, followed by public offering and private
entry and sale, thereafter culminating in the several mineral acts of 1866, 1870, and
1872—now permits their free exploration and development by citizens, or persons who
have declared their intention to become citizens; and a nominal price for the lands
(placer $2.50, and quartz, gold, silver, cinnabar, or other valuable deposits $5 per acre)
is charged should the owner of the possessory title desire to procure a fee-simple title.
This price barely covers expenses of making title on the part of the United States.
The material wealth added to the circulating medium by extraction from the earth
through individuals or corporations, together with costs of mining and extraction, and
the great and dangerous risks to fortune caused thereby, are considered equivalents
for the value of the land. The United States protects exploration and developments
by the miner on the public domain. As an evidence of the liberality of the Nation in
this respect, coal lands are sold at from $10 to $20 per acre. Twenty acres of coal land
at $20 per acre cost the purchaser $400, while 20 acres of lode mineral land on the Com-
stock lode at $5 per acre are sold for $100, and, as in the case of the Consolidated Vir-
ginia and California mines, may yield more than $60,000,000.
NUMBER OF LOCATIONS AND OF PATENTs.
In the twelve States and Territories containing the precious metals and forming part
of the public domain there are known to have been made more than 200,000 min-
ing locations, yet the total number to June 30, 1880, of lode, vein, or other valuable
deposit claims to which titles have been obtained by compliance with the mining laws
is but 3,978, containing 38,435.11 acres at $5 per acre, and for which the United States
has received $197,778. The total number of placer-mining claims patented in the same
region by the United States is 1,303, containing 110,186.03 acres, at $2.50 per acre, and
for which the United States has received $288,767. In all a total number of 5,281 lode
and placer claims have been patented to June 30, 1880, containing in all 148,621.14
acres, for which the Government received a total of $486,545.
MINERAL LANDS OF THE PUBLIC DOMAIN. 325
ESTIMATE OF AREA OF WESTERN PRECIOUS-METAL REGIONS.
The estimated area of the entire precious-metal bearing region of the public domain
is 65,000,000 acres, within which lie the veins, lodes, or deposits of precious and valu-
ble minerals. Deducting the 148,621.14 acres already patented, and the grand total
remaining, the property of the Nation exceeds 64,800,000 acres, all situated and lying
in the States and Territories named in the tables hereto attached, and being south of
the Dominion of Canada (British Possessions), west of the Missouri River, and north of
the boundary line between Mexico and this country. All of this is independent of the
unexplored area within the unorganized Territory of Alaska, which in the future may
form no unimportant portion of our precious-metal-bearing country. The above esti-
mate, however, includes a vast number of located claims held and worked under a posses-
sory title alone, there being no statute compelling the claimants to purchase the feefrom
the Government. For many of these claims applications for patent have been made,
but proceedings are suspended either on account of litigation in the courts, initiated
in the manner and within the time prescribed by the statute, or by reason of failure
of claimants to produce satisfactory evidence of compliance with law and right to
purchase and make entry. The difficulties of obtaining patent under existing laws
are so great, and the practice of levying blackmail is so extensive, that many mine
owners prefer to rely upon their possessory title rather than purchase the fee from the
Government. • -
PATENTS ISSUED.
Statement of the number of placer mining claims patented in the several precious metal-bear-
ing States and Territories of the public domain from 1867 to June 30, 1880, together with
the acreage and amount paid therefor, under the 8everal mining acts of July 26, 1866, July
9, 1870, and May 10, 1872. - .

1867 1870. 1871.
* g & --> g --> & <!-->
States and Territories. ‘5 # o: 5 ‘s # o: 5 ‘8 # wº 5
d 3 | g C 6 9 g C. & 9 3 ©
2. p- © # 2. º Q) f 24 .C. © 8
8, “. E|| “. E, “d <!
California ----------------. 1. 80.70 || $405 00 2 71. 16 || $185 00 || 36 385, 84 || $9,632 50
Qregon --------------------|----|----------|---------- 2 250. 00 625 00 || 6 || 446.47 | 1, 373 90
Nevada -------------------|----|----------|----------|-- e = e º ºs e º ºs s as s sº as sº sº * * * * * * * * * = s is e = * * * * * * * * I g º ºr gº se e s = &º tº
Idaho ---------------------|----|----------|----------|-- as sº I sº as s m º ºs ºs e is as H sº º is º ºs º sº º sº * [ s is s sº I tº dº tº gº sº sº gº sº as sº I gº º sº e º sº as sº º ºs
Montana ------------------|--|--|----------|---------- 1 26. 24 67 50 14 1,187. 37 2, 447 50
Wyoming-----------------|--|--|----------|----------|----|----------|----------|-- * * i º º – sº º ºs º º ſº s ºn º ºs º ºs ºº e º gº tº
ah ----------------------|----|----------|----------|- sº sº sº I as sº a g º me s = e º * * * * * * * * * * : * * * * 1 º ºs s sº tº e º sº es e i e º ºs e s is ºs ºs e º
Colorado ----------------------|----------|----------|----|----------|----------|----|----------|----------
Pakota.--------------------|----|----------|----------|----|----------|----------|- * * * * * * tº º ºs ºs s = e º e. g.--------
1872. 1873 1874.
& ſº º & -º-, & --> * +º .
States and Territories. ‘8 É a; 5 ‘5 # ań 5 3 É ad 5
d : g © c; 9 g à 33 g à
2.É| : # ##| # ż; .
E| <! E| <! <d 3, -4 <!
California ----------------- 79 || 8,680. 57 (£20,837 00 |130 10,748, 32 $26,973 50 104 || 9,562.67 $23,979 50
Oregon -------------------- 5 324. 06 814 50 || 4 147. 97 445 00 || 7 288.48 677 50
Nevada -------------------|----|----------|----------|- * * * : * = e = s = e s as a e º m e º an as s = e i < * * * | * * * * * * * * * * : * * * * * * * * * *
Idaho --------------------- & sº tº º tº as ºn tº me tº as w = s. is ºn sº e s º ºs e º ºs º * * * | * = a, as as s = e = e º ºs º ºs e s sº as ºr as sº i s = * * * * * * * * * * * * * | * * * * * * * * * *
Montana -----------------. 29 2, 566.27 6,479 50 | 66 3,822.08 || 9,671 50 || 42 2,714.91 6,842 50
Wyoming -----------------|- s is ºn as s us s = s. s m sº s ºn º ºs º sº tº sº tº e s : * * = • , s = < * * * = = = as tº me º ºs º as a sº e s | * * * * | * * * * * * * * * * * * * * * * * * * * *
Utah----------------------|-- * = | s as as as ºs º ºs e º sº I e º sº tº g º as sº e º 'º º * * * I as e = * * * * * * * * is sº º is tº tº * * * * | * * - - I - - - - - - - - - - I • - - - - - - - - -
Colorado ------------------ 4. 482.75 1,207 50 24 | 1,932.05 || 4,842 50 | 13 477.01 | 1, 200 00
Dakota.-------------------|-- * > . ºf sº tº Gº tº ſº gº tº º gº ... º º º ſº tº tº sº e º 'º & º, as a e º sº as sº s sº gº ºs e i e s º is as ºs sº º ºs e is sº * * | * * * * * * * * * * | * * * * * * * * * *




t
326
*
MINERAL LANDS of THE PUBLIC DOMAIN.
Statement of the number of placer mining claims patented, &c.—Continued.

1875. 1876. 1877.
e tº +s * +s * * 35
States and Territories. § : § 5 's # wi - 5. ‘5 É ad à
3 : 5 ă ş #| # à |&#| # à
2. gemst Ç 2. g-f © 2. .cº. ©
ſº <! <! E. , 4 <! ſº <! <d
California ----------------- 107 |12,439.51 $29,874 00 57 6,789.05 #16,982 00 | 67 || 6,371.49 $16,030 00
Oregon -------------------. 10 697. 39 1,745 50 | 8 468.94 | 1,276.00 || 7 386.59 987 5
i. * * * * * * * * * * * * * * * * * * * * 3 400.00 | 1,000 00 | 1 160.00 40000 || 1 | 1,280.00 3,200 00
O - - - - - - - - - - - - - - - - - - - - - - tº sº dº s º º sº tº sº º ºr ſº gº º ºs º º tº º gº º ſº º * * * * : * * * * * * is sº is a e º 'º e º is ºn tº * * * * * : * * * * * * * * * * : * * * * * * * * * *
Montana ------------------ 40 1,970. 15 4,904 50 17 875.47 2,20700 12 498.57 | 1,254 00
Wyoming -----------------|- gº as * | * * * * * * * * * * | * * * * * * * * * * 4 320.00 | 1,05000 ||--|--|----------|----------
tº dº º º tº dº º ºs & tº * * * * * * * * * & gº as - 8. 20 22 50 | 1 32. 28 8250 l----|----------|----------
Colorado ------------------ 12 | 1,248.16 || 3,272 00 || 17 | 1,038. 34 2,762 00 17 | 1,203.83 3,275 00
Dakota.-------------------. * * * * * * * * * * * * * * | * * * * * * * s e is * * g e i e g º ºs º ºs e º º sº I is tº º is tº º º ºs º º 5 25. 07 67 50
1878. 1879 1880.
e e +3 g +s g +:
States and Territories. ‘s ; a; 5 ‘s # ad 5 ‘s # §
sè # 3 || 3 || # 3 || 5 § { o
ź.3] : 5 §§ 3 5 § 3 #
E| < <! º, “. El “q
California ----------------- 95 |11,409. 17 §28,615 50 | 72 4,719.32 #14,14200 || 36 4,266 55 311,005 00
§ gº tº gº ºn tº º ºs º gº tº gº ºn sº º ºs e s ſº tºº & 7 414, 18 1,055 00 || 1 | . . 20.0 50 00 3 71.90 182 50
6V808-- - - - - - - - - - - - - - - - - - - - as as a we tº gº sº as s s as ºs e i s m s tº e s is as e & s sº s , s sº we as sº tº gº as ºn e º ºs ºs e º ºs ºs e º & & # e. * * * : * * * * * * * * * * * * * * * * * * * * *
Idaho --------------------- 1 19.86 50 00 2 36. 15 18500 ----|----------|----------
Montana ------------------ 15 907. 19 2,285 00 15 831. 16 2,132 50 | 17 | 1,268.09 3, 19750
Wyoming ----------------- s tº ſº sº I as tº sº tº gº tº tº gº sº º e º gº º ſº gº tº gº * * * | * * * * * * * * * * * * * * * * * * * * * * * * * * | * * * = i e s m is ºn as ºn as as a as sº sº e º ºs º is ºn as
tº gº tº ſº tº tº * * * sº gº tº s sº e s tº gº as a tº gº ----|----------|----------| 2 40.00 310 001. ---|----------|----------
Colorado------------------- 12 118.31 2,807 50 23 1,799.01 || 4,632 50 30 || 2, 593.80 6, 516 50
Dakota.------------------- 17 154.17 330 00 || 4 61. 8 172 00 || 1 1.66 5 00
RECAPITULATION.
States and Territories. º:3. Total acres. | Total amount.
California.------------------------------------------------- 786 79,620.00 $199, 661 00
Oregon.---------------------------------------------------- 59 3,561.08 9, 306 50
Mevada ---------------------------------------------------- 5 1,840.00 4,600 00
daho ------------------------------------------------------ 3 56.01 235 00
Montana --------------------------------------------------- 263 16,677.50 42,099 00
Wyoming -------------------------------------------------- 4 320.00 1,050 00
tah ------------------------------------------------------- 4 80. 48 725 00
Colorado --------------------------------------------------- 152 10,943.26 30, 515 50
Dakota.----------------------------------------------------- 27 242. 7 574 50
Total.------------------------------------------------ 1,303 110, 186.03 288,767 00

Statement of the number of quartz vein or lode, or other valuable deposit mining claims
patented in the 8everal precious metal bearing States and Territories of the public domain
from 1867 to June 30, 1880, tog
several mining acts of July 26, 1866, July 9, 1870, and May 10, 1872.
ether with the acreage and amount paid therefor, whder the

1867. 1868. 1869.
States and Territories. | . * # {º tº # * º #
tº dº p º dº º 3 p
- 3 g C 3 § © 3 $={ ©
C © 8 © © E. © º 8
H <! <! H <! <! H <! <!
3. * * * * * * * * * * * sº s is sº º ºs 4 138.68 $700 00 2 147.09 || $740 00 || 6 207.84 || $1,045 00
Teſº On- - - - - - - - - - - - - - - - - - - , e tº gº tº tº dº ſº tº gº tº gº tº gº & J & E et s º gº tº sº tº us - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I - - - - - - - - - -
; tº º sº dº º º ºs e º sº º ºs ºs e º gº e º ºs 3 16. 19 90 00 26 287.19 | 1,485 00 || 34 255.16 | 1, 320 00
O e sº es as sº us e º ºs e º ºs º ºs º ºs e º sm ºr sº * * * * * * * * * * * * * * * I e ºs º º gº tº gº as gº tº • - - - - - - - - - - - - - I - - - - - - - - - - I - * * * * * * * * * * * * * * * * * * se e s is sº sº º
Montana ------------------1- is ºs e º se is sº as º ºs ºn se e º sº º is e º 'º sº, º cº º 53.93 290 00 7 50. 52 280 00
Wyoming -------- tº ſº tº tº º e º ºs & & º & * * * * * * * * * * * * * * º ºs º gº tº dº tº sº e º ºs ºn sº º sº tº e s g º gº e º ºs e º ºs e º ºs ºs I e s = º e º sº sº * * * * * * * * * * * * * * * * *
Utah tº tº dº º ºs ºº tº • - - - - - - - - - - - - - iº tº ºn tº gº tº gº tº º tº tº º ºs I º sº tº º ºs ºs e º ºs tº gº ºg º ºs I º gº tº sº tº tº e º º ºs I & e º ºs as º is sº s sº I & gº gº ºs I = * * * * * * * * * 1 s ºn e tº * * tº
Colorado ----- tº s = e s sº m s m sº e º 'º * * * * | * * * * * * * * * * | * * * * * * * * * * 3.42 25 00 || 27 39.42 245 00
New Mexico --------------|- * * * | * * * * * * * * * * || $ sº gº tº gº tº e º a tº - - - - - - - - - - - - - - - - - - - - - - - - - as as sº I am tº sº e º ºs º ºs º ºs ºf s sº me • * g º ºs e =
Arizona----- gº tº gº ºs tº sº sº tº º sº m sº e º sº * * * * * * * * * * * * * * | * * * * * * * * * * sº º º sº º ºs º ºs ºs tº as tº dº ſº I & e º e º gº ſº tº ſº gº i º e = e ºn tº sº tº gº tº gº dº tº º i s an ºs e º e s sº as e
Dakota-------------------- * * * * * * * * tº º º ºs & º ºs º is e º & ºn is ºf as dº gº tº s = * * * * * * *s º e º ºs e e º ºs s e º I gº tº dº tº º º & tº gº tº G & & & & e º is sº sº e º ſº º
MINERAL LANDS OF THE PUBLIC DOMAIN.
327
;
}
Statement of the number of quartz vein or lode, or other valuable deposit, &c.—Continued.
1870. 1871. 1872.
States and Territories. | . & # * * º # & * #
3 || 3 3 || 3 || 3 5 || 3 || 3 5
rº; $4 r: †- rd $-w
© Q 3 Ç © 8 © Q 8
H <d <! H <! <! H <! <!
California ----------------- 6 348.15 $1,755 00 13 740.00 $3,725 00 54 1, 182.46 $6,020 00
Oregon--------------------|- is sº use I gº gº tº sº tº º m sº º s I am sº * is sº tº e º sº gº 1 13. 76 70 00 4 13. T6 70 00
i. * * * * * * sº sº gº is s ∈ & s is sº s tº ſº 44 249, 53 1, 295 00 23 115. 23 595 00 || 26 179. 93 925 00
0 - - - - - - - - - - - - - - - - - - - - - s tº gº is as sº º e s sº º sº tº e i s = * * * = * * * * as sº s I e s = e s = º ºs = • , as sº sº se sº º º sº * * | * e sº I as ºn tº e º ºs e s = s. 1 e s s as ºs º ºs e s e
Montana ------------------ 45. T0 240 00 || 2 13. 77 _75 00 | 16 73. 76 420 00
Wyoming ----------------- as sº as sº I s º ºs s as me tº as sº a tº dº sº tº e º me tº ºn tº e we we as we as sº is ºs º we sº sº s sº tº ºn tº º ºs & sº º s tº dº sº I is tº * * * * * * * tº as e º sº gº is tº º me as
Utah ----------------------|. sº as a is gº tº sº ſº * * * * * * * * * * * * * > * > 49.28 270 00 36 171.46 940 00
Colorado -----------------. 61 104.93 670 00 | 72 117. 32 775 00 |123 189.38 | 1,340 00
New Mexico ----...------- 1 20. 66 105 50 l. ---|----------|---------- s s is gº º º sº tº sº sº º ºs e e i s sº gº & tº gº º is tº sº
Arizona ------------------- * * * s it is º ºs º is tº º is a s | * * * * tº tº gº tº E = | * sº e s s tº sº tº gº tº tº ºs º ºs º º sº tº dº tº tº * * * 45. 63 248 00
Dakota.-------------------- - - - - I - - - - - - - - - - I - - - - - - - - - - - as ºs us i s gº º ºs ºs º ºs º ºs º sº gº tº gº is tº gº tº e s I & s sº e s sº sº tº sº tº e º is a sº we us ºr sº º is sº º tº
1873. 1874. 1875
tº ſº , , § +5 +s +3
States and Territories º a; 5 a; a; 5 tº ad 5
q) Qi.) © Q q} © © © O
sa rº 5 H rd § 8 red § E
© © Gº
H <! <! H <! <! H <! <!
3. tº º ſº tº E tº us tº gº gº sº tº gº ºs s. ſº º 84 1,950. 57 |$10,09000 || 81 || 2, 123.69 |$9,650 00 | 88 2,753.86 $14,040 00
Teg OIl- - - - - - - - - - - - - - - - - - - - e g = m g º ºs ºs e º ºs e º is I & E º ºs is ſº tº º ºs º s sº tº e º ºs e º gº tº gº tº º gº º e ºs º º tº tº e º sº º as * * = ... g º is gº tº dº sº a sº e º sº sº º e º sº º ºs &
evada.------------------- 63 459.27 2, 370.00 | 73 741.86 || 3,450 00 || 70 706.92 || 3,620 00
Iduho --------------------- 1 7.2 40 0 I 5. 50 30 5 68. 50 350 00
Montana ------------------ 20 85. 00 500 00 || 24 277.98 || 1,505 00 || 25 632.40 3,275 00
Wyoming ----------------- * * * * r * g e º is sº we us as e i e s sº * * * * * * * * * * * * : * * * * * * º ºs º ºs I & e º ſº tº gº tº gº is sº I sº e sº e tº e º ºs º gº tº º tº $ ºs º ºs e º e º sº * *
Utah ---------------------- 46 252.76 1, 365 00 34 84.16 460 0ſ) || 31 296.58 || 1,375 00
Colorado ------------------ 188 342.89 2, 145 00 |114 222.36 | 1,500 00 138 453.53 || 2,645 00
New Mexico -------------- sº se as e i s sº ºn e s m = m e s a tº sº as us ºn tº sº dº s 2 13. 77 70 00 | 1 20. 66 105 00
Arizona ------------------- 13 163. 49 845 00 || 6 116. 40 600 00 || 7 133. 59 680 00
Dakota.------------------- as ºs e s i s ſº e º ºs s º ºs s is ºr sº º sº tº a s gº tº sº sº as e º f is º is is g º ºs º ºs e i as sº ºn tº dº º is tº º ºr as ºs ºn s : º ºs º is ſº tº dº tº ſº ſº s as s as as º ºr as ºs s.
1876. 1877 1878.
States and Territories. § * > # - * # * s #
3 || 3 5 || 3 || 3 5 || 3 || 3 5
red 5 8 rº, 5 H rº-3 5-4 . 8
© © © Q
H <! * <! H <! <! H <q <!
3. as gº tº gº is ºs tº º tº gº tº e ... ... 61 | 1,701.45 |$8,320 00 76 | 1,696.60 $7,955 00 59 | 1,167.02 $5, 875 00
Tegon - - - - - - - - - - - - - - - - - - - - - * * * : * * * * * * * * * s : * * * * *s ºr s = e tº • sº as s sº g s as º g º as ºn tº sº tº sº tº º tº º'---|--|--|----------|----------
; s sº ºn tº as º ºs ºr sº º ºs e º 'º º tº & © & 872. 18 || 4,450 00 | 68 737.76 3,865 00 814.40 || 4, 180 00
aho - - - - - - - - - - - - - - - - - - - - - - as a sº I & e s m e º se as as a as sº s a º ºs s sº as tº it is • * * * is sº m is ºs me is is sº sº tº as tº * * * * * * * | * tº gº ºn i tº gº tº gº e º us & e º f is sº sº se tº gº gº tº tº º
Montana ------------------ 0 307.40 1,605 00 35 372.02 || 2,045 00 | 72 837.96 || 4, 365 00
Wyoming. ---------------- 1 8. 89 45 as sº sº sº I gº º ºs º gº tº as e ºs & sº sº sº º ºs º º & sº me * * * | * * * * * * * * * * * * * * * * * * * * *
Utah---------------------- 57 455.87 1,840 00 63 375.91 2,010 00 | 67 617. 94 || 3, 160 00
Colorado ------------------ 173 818. 37 || 4, 534 00 |139 676.88 3,755 00 242 | 1,403.79 7,570 00
New Mexico.------------- 1 20. 66 105 00 || -- |----------|------ ----| 2 31.01 | \ 160 00
Arizona ------------------- 10 169. 32 870 00 | 18 207. 23 | 1,065 00 7 97.26 : 500 00
Dakota.------------------- tº gº sº ºn º ºs º º sº tº as sº º sº I us tº ºn tº e º ſe e º as as gº ºs e i º º sº tº gº ºs ºs º is tº sº tº gº tº * * * * * * 3. 17. 90 92 00
1879 1880.
States and Territories. e sº # º º #
dº dº wº dº E;
Q Q © Q Q ©
r: 5–1 rº; $–
* Gº C) 8 © © F.
H <! <! H <! <!
California------------------------------- 73 1,427.41 $6,675 00 65 508, 97 $2,700 00
Tegon - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1 20. 25 105 ()0 1 20. 66 105 00
©Vada - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 81 855. 17 4, 350 00 33 407.28 2,075 00
Idaho.----------------------------------|------|------------|------------|------|------------|------------
Montada.------------------------------- 51 535.77 2,875 00 26 308, 9.4 1, 595 00
9. ** as-e as a as = w = ºr is sº-as ºs º ºs º ºs s as sº me. * * *-* *-* * * : * : * * * * * * * * * * * *-* * * * *-* a s = a, e --- e. e. s = -s. * = a T = m as is an º' s ºf ºr º. º.º. 1 se...sº sº we = sº sº e = * * *
Utah .................................. 72 675. 10 || 3,040 00 59 406.06 || 2, 117 00
Colorado.------------------------------- 185 1,149, 60 6,265 00 207 1,398.47 7, 535 00
Mew Mexico.--------------- gº tº gº º me as ºs s tº º tº sº 1 20, 66. 105 00 2 40, 88 210 00
izona -------------------------------- 12 203.92 | 1,050 00 9 180. 44 915 00
Dakota --------------------------------- 15 124.43 670 00 7 46, 59 245 00

328 MINERAL LANDs of THE PUBLIC DOMAIN.
RECAPITULATION.
Lode claims patented from 1867 to June 30, 1880.

& $ - Number of Received by
States and Territories. . patents. Acres. United States.
California -----------------------------------------------------. 672 | 16,094. 23 $79, 690 00
Oregon --------------------------------------------------------- 7 68.43 350 00
Nevada.-------------------------------------------------------- 704 6,596.07 34,070 00
Idaho ---------------------------------------------------------- 7 81.23 420 00
Montana ------------------------------------------------------- 322 3, 605. 54 18, 990 00
Wyoming ------------------------------------------------------ 1 8. 89 45 00
Utah ----------------- ------------------------------------------ 473 || 3,384.92 16,577 00
Colorado ------------------------------------------------------ 1,672 6,920.36 39,004 00
New Mexico.---------------------------------------------------- 10 168. 24 860 00
Arizona ---------------------------------------- *** * * * * * * * * * * * * * * 85 1, 318, 28 6,765 00
Dakota.------------------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 25 188.92 1, 007 00
Number of claims patented ------------------------------ - 3,978 || 38,435. 11 197,778 00
Number of placer claims patented from 1866 to June 30, 1880. --- 1,303 || 110, 186.03 288,767 00
Number of vein or lode claims patented from 1866 to June 30,
80---------------------------------------------------------. 3,978 || 38,435. 11 197,778 00
Total.------------------------------------- --------------. 5,281 || 148,621.14 || 486,545 00
Washington Territory, although having no mining claims patented, contains val-
uable deposits of the precious metals. - Q.
REFERENCES HEREUNDER.
For lists of patents issued for mining claims from July 26, 1866, to August 1, 1877,
see Copp's Hand Book of Mining Law; also, annual reports Commissioner General
Land Office, from 1868 to 1879.
United States Statutes at Large, vols. 1 to 18. S
Revised Statutes of the United States, chap. 6; title, “Mineral Lands and Mining
Resources.”
Annual reports General Land Office, 1812–1880. -
Public Lands, Laws, Instructions, and Opinions, 2 vols., 1838.
Mineral Resources of the United States, 1866–1867, 1868, United States Government.
J. Ross Browne and James W. Taylor, Commissioners.
Mineral Resources west of the Rocky Mountains, annual reports for 1869, 1870, 1871,
1872, 1873, 1874, 1875, 1876. Rossiter W. Raymond, United States Commissioner of
Mining Statistics. -
Preliminary Report and Testimony, United States Public Land Commission, Febru-
ary, 1880. .
The Land of Gold, Hinton R. Helper.
Sights in the Gold Mines, Wood, 1852.
Messages of the Presidents of the United States from 1829 to 1874.
Reports of the War Department of the United States to 1849, on lease of lead and
mineral lands. * -
Reports of the Secretary of the Interior, 1849 to 1880.
Message of the President of the United States, January 24, 1850, transmitting infor-
mation in answer to a resolution of the House of December 31, 1849, on the subject of
California and New Mexico. Ex. Doc., House, No. 17, Thirty-first Congress, first ses-
SIOIl,
Reports of Foster & Whitney, D. D. Owen, J. Evans.
Lester's Land Laws, Regulations, and Decisions, 2 vols.
Copp's Land Laws; Copp's Mining Decisions; Copp's Land Owner; Copp's Hand-
book of Mining Laws; Henry N. Copp, Washington, D.C.
Zabriskie's Land Laws. *-
Rockwell's Spanish and Mexican Laws.
Morrison's Mining Digest; Morrison's Mining Rights.
MINERAL LANDS OF THE PUBLIC DOMAIN. 329
Sickels' Mining Decisions, 1880, A. L. Bancroft & Co., San Francisco.
Blanchard and Weeks's leading cases in Mines, Minerals, and Mining Water Rights.
Weeks on Mineral Lands.
Skidmore's Mining Decisions.
De Fooz on the Laws of Mines.
Yates's Legal Titles to Mining Claims and Water Rights in California.
Land Laws in California, Oregon, Texas, &c.; Joseph M. White, 2 vols.
Land Laws and Decisions; J. Vance Lewis, 2 vols.
FORM OF PATENT FOR PLACER CLAIM.
General Land Office, No. 4,458, Mineral certificate No. 448.
The United States of America to all to whom these presents shall come, greeting:
Whereas, in pursuance of the provisions of the Revised Statutes of the United
States, chapter six, title thirty-two, there has been deposited in the General Land
Office of the United States the certificate of the register of the land office at
Helena, in the Territory of Montana, whereby it appears that, in pursuance of the
said Revised Statutes of the United States, James G. Hammond did, on the ninth day
of June, A. D. 1879, enter and pay for certain placer mining premises, being mineral
entry number four hundred and forty-eight (448) in the series of said office, embracing
the west half of the southeast quarter and the southeast quarter of the southwest
quarter of section twenty-three (23), and the northeast quarter of the northeast quar-
ter of section twenty-eight (28), in township ten (10) north, of range four (4) east of
the principal meridian, containing one hundred and sixty (160) acres of land, more
or less, as shown by the official survey and plat of said township; said placer mining
claim or lot of land being situate in the Summit Valley mining district, in the county
of Lewis and Clarke, and Territory of Montana, in the district of lands subject to
sale at Helena, and commonly known as the “Jennie Placer Mine.”
Now know ye, that the United States of America, in consideration of the premises
and in conformity with said Revised Statutes of the United States, have given and
granted, and by these presents do give and grant, unto the said James G. Hammond,
and to his heirs and assigns, the said placer mining premises above described as the
west half of the southeast quarter and the southeast quarter of the southwest quarter
of section twenty-three (23), and the northeast quarter of the northeast quarter of sec-
tion twenty-eight (28), in township ten (10) north, of range four (4) east of the prin-
cipal meridian.
To have and to hold said mining premises, together with all the rights, privileges,
immunities and appurtenances of whatsoever nature thereunto belonging, unto the
said James G. Hammond, and to bis heirs and assigns forever; subject, nevertheless,
to the following conditions and stipulations: - -
First. That the grant hereby made is restricted in its exterior limits to the bounda-
ries of the said legal subdivisions, as hereinbefore described, and to any veins or lodes
of quartz or other rock in place, bearing gold, silver, cinnabar, lead, tin, copper, or
other valuable deposits, which may hereafter be discovered within said limits, and
which are not claimed or known to exist at the date hereof. -
Second. That should any vein or lode of quartz or other rock in place, bearing gold,
silver, cinnabar, lead, tin, copper, or other valuable deposits, be claimed or known to
exist within the above-described premises at the date hereof, the same is expressly
excepted and excluded from these presents.
Third. That the premises hereby conveyed may be entered by the proprietor of any
Vein or lode of quartz or other rock in place, bearing gold, silver, cinnabar, lead, tin,
copper, or other valuable deposits, for the purpose of extracting and removing the ore
from such vein, lode, or deposit, should the same, or any part thereof, be found to pen-
: interest pass through, or dip into the mining ground or premises hereby
granted. - *.
Fourth. That the premises hereby conveyed shall be held subject to any vested and
accrued water rights for mining, agricultural, manufacturing, or other purposes, and
rights to ditches and reservoirs used in connection with such water rights as may be
recognized and acknowledged by the local laws, customs, and decisions of courts.
Fifth. That in the absence of necessary legislation by Congress, the legislature of
Montana may provide rules for working the mining claim or premises hereby granted,
involving easements, drainage, and other necessary means to the complete develop-
ment thereof.
In testimony whereof, I, Rutherford B. Hayes, President of the United States of
\
;
&
*
:
&
330 MINERAL LANDS OF THE PUBLIC DOMAIN.
wº-
America, have caused these letters to be made patent, and the seal of the General
Land Office to be hereunto affixed.
Given under my hand, at the city of Washington, the tenth day of December, in the
year of our Lord one thousand eight hundred and eighty, and of the Independence of
the United States the one hundred and fifth.
By the President: -
[SEAL. J R. B. HAYES,
- By W.M. H. CROOK,
Secretary.
S. W. CLARK, -
Recorder of the General Land Office.
Recorded, vol. 54, pages 41 and 42.
FORM OF PATENT FOR WEIN OR LODE CLAIM.
General Land Office No. 4398.-Mineral Certificate No. 419.
The United States of America, to all to whom these presents shall come, greeting:
Whereas, in pursuance of the provisions of the Revised Statutes of the United
States, chapter six, title thirty-two, there have been deposited in the General Land
Office of the United States the plat and field notes of survey of the claim of John W.
Roe upon the Brooklyn lode, accompanied by the certificate of the register of the
land-office at Salt Lake City, in the Territory of Utah, whereby it appears that, in
pursuance of the said Revised Statutes of the United States, John W. Roe did, on the
thirty-first day of December, A. D. 1879, enter and pay for said mining claim or prem-
ises, being mineral entry No. 419, in the series of said office, designated by the Sur-
veyor-General as lot No. 60, embraeing a portion of the unsurveyed public domain, in
the Ophir Mining District in the county of Tooele and Territory of Utah, in the dis-
trict of lands subject to sale at Salt Lake City, containing one (1) acre and eighty-four
hundredths (#6) of an acre of land, more or less, and, according to the returns on file
in the General Land Office, bounded, described, and platted as follows, with magnetic
variation at sixteen (16) degrees and thirty-five (35) minutes east, to wit:
Beginning at corner No. 1, a cottonwood post, four (4) inches in diameter, marked
“U. S. L. 60, No. 1”; thence north sixty-five (65) degrees thirty (30) minutes west,
fifty (50) feet to centre of southwesterly boundary of the claim, from which discovery
bears north twenty-six (26) degrees east, at the distance of four hundred (400) feet,
ninety-eight and seven-tenths (98%) feet to a point on easterly boundary of lot No.
63, made for the Noyes lode, from which corner No. 1 of lot No. 63 bears south fourteen
(14) degrees west at the distance of seventeen and seven-tenths (17.1%) feet, one hun-
dred (100) feet to corner No. 2, a cottonwood post four (4) inches in diameter, in
mound of stones, marked “U. S. L. 60, No. 2,” from which U. S. Mineral Monument
No. 6 bears south ten (10) degrees west at the distance of nine hundred and ninety-
eight (998) feet; thence from said corner No. 2 north twenty-six (26) degrees east,
six (6) feet, to a point on easterly boundary of said lot No. 63, from which corner
No. 1 of said lot No. 63 bears south fourteen (14) degrees west, at the distance of
twenty-three and eight-tenths (23%) feet, eight hundred (800) feet to corner No. 3,
a cottonwood post four (4) inches in diameter, marked “U. S. L. 60, No. 3”; thence
south sixty-five (65) degrees thirty (30) minutes east, one hundred (100) feet to cor-
ner No. 4, a cottonwood post four (4) inches in diameter, marked “U. S. L. 60, No. 4”;
thence south twenty-six (26) degrees west, eight hundred (800) feet to the place of
beginning, containing one (1) acre and eighty-four hundredths (#6) of an acre of land
more or less, and embracing eight hundred (800) linear feet of the Brooklyn lode, to
wit, four hundred (400) linear feet northeasterly and four hundred (400) linear feet
Southwesterly from discovery on said lode, as represented by yellow shading in the fol-
lowing plat : [Here follows diagram of claim, shaded in yellow.] &
Now know ye, That the United States of America, in consideration of the premises,
and in conformity with the said Revised Statutes of the United States, have given
and granted, and by these presents do give and grant unto the said John W. Roe and
to his heirs and assigns, the said mining premises hereinbefore described as lot No. 60,
embracing a portion of the unsurveyed public domain, with the exclusive right of
possession and enjoyment of all the land included within the exterior lines of said
survey not herein expressly excepted from these presents, and of eight hundred (800)
linear feet of the said Brooklyn vein, lode, ledge, or deposit for the length hereinbefore
described, throughout its entire depth, although it may enter the land adjoining, and
also of all other veins, lodes, ledges, or deposits throughout their entire depth, the
tops or apexes of which lie inside the exterior lines of said survey at the surface ex-
tended downward vertically, although such veins, loſles, ledges, or deposits in their
3.
:
:
MINERAL LANDS OF THE PUBLIC DOMAIN. 331

downward 'course may so far depart from a perpendicular as to extend outside the
vertical side lines of said survey: Provided, That the right of possession hereby granted
to such outside parts of said veins, lodes, ledges, or deposits shall be confined to such
portions thereof as lie between vertical planes drawn downward through the end lines
of said survey at the surface, so continued in their own direction that such vertical
planes will intersect such exterior parts of said veins, lodes, ledges, or deposits: And
provided further, That nothing in this conveyance shall authorize the grantee herein,
his heirs or assigns, to enter upon the surface of a mining claim owned or possessed
by another: To have and to hold said mining premises, together with all the rights,
privileges, immunities, and appurtenances of whatsoever nature thereunto belonging,
unto the said John W. Roe, and to his heirs and assigns forever, subject, nevertheless,
to the following conditions and stipulations:
Pirst. That the grant hereby made is restricted to the land hereinbefore described
as lot No. 60, with eight hundred (800) linear feet of the Brooklyn vein, lode, ledge,
or deposit for the length aforesaid throughout its entire depth as aforesaid, together
with all other veins, lodes, ledges, or deposits throughout their entire depths as afore-
said, the tops or apexes of which ife inside the exterior lines of said survey.
Second. That the premises hereby conveyed, with the exception of the surface, may
be entered by the proprietor of any other vein, lode, ledge, or deposit, the top or apex
of which lies outside the exterior limits of said survey, should the same in its down-
ward course be found to penetrate, intersect, extend into, or underlie the premises
hereby granted, for the purpose of extracting and removing the ore from such other
vein, lode, ledge, or deposit. . -
Third. That the premises hereby conveyed shall be held subject to any vested and
accrued water rights for mining, agricultural, manufacturing or other purposes, and
rights to ditches and reservoirs used in connection with such water rights as may be
recognized and acknowledged by the local laws, customs, and decisions of courts.
Fourth. That in the absence of necessary legislation by Congress, the legislature of
Utah may provide rules for working the mining claim or premises hereby granted,
involving easements, drainage, and other necessary means to its complete develop-
ment. -
In testimony whereof, I, Rutherford B. Hayes, President of the United States of
America, have caused these letters to be made patent, and the seal of the General
Land Office to be hereunto affixed.
Given under my hand, at the city of Washington, the tenth day of December, in the
year of our Lord one thousand eight hundred and eighty, and of the Independence of
the United States the one hundred and fifth.
By the President : -
[SEAL.] R. B. HAYES,
. . \ By W.M. H. CROOK,
- Secretary.
S. W. CLARK
"Recorder General Land Office.
Recorded, vol. 54, pages 43 to 45, inclusive.
CHAPTER XXVII.
To JUNE 30, 1882.
[See pages 1015–1047.]
To JUNE 30, 1883.
[See pages 1282–1284.]
HOME STEAD S.
To JUNE 30, 1880.
ACT of MAY 20, 1862, AND AMENDMENTS TO JUNE 30, 1880.
The general policy of Congress in the disposition of the public domain after 1783 is
traced in the first part of this work down to about the year 1841, concluding with
the pre-emption act. The homestead bill, or the granting of free homes from and on
the public domain, became a national question in 1852. The Free Soil Democracy, at
Pittsburg, Pa., August 11, 1852, in National Convention, nominated John P. Hale, of
New Hampshire, and George W. Julian, of Indiana, for President and Vice-President,
and adopted the following as the 12th plank or resolution in their platform:
That the public lands of the United States belong to the people, and should not be
sold to individuals, nor granted to corporations, but should be held as a sacred trust
for the benefit of the people, and should be granted in limited quantities, free of cost,
to landless settlers. -
Thereafter it became a national question until its passage in 1862, and was in the
platforms of political parties. It was petitioned for and against. Public sentiment
was aroused. It was a serious innovation and would cause an almost entire change
in the settlement laws. Instead of the public lands being sold for cash, for profit, or
being taken, first, under the pre-emption system, which eventuated in cash purchases,
they were to be given to actual settlers who would occupy, improve, and cultivate
them for a term of years, and then receive a patent free of acreage charges, with fees
paid by the homesteader sufficient to cover cost of survey and transfer of title.
It was the third and most important step in the history of the public land system.
Once adopted, no person could estimate its moral, social, and political effects.
The public land system for eighty years prior to 1862 had attracted the attention of
the ablest men in the Nation. The chairmen of committees in Congress charged with
its care were able and inquiring men. This third change and new system was the
result of experience and investigation by some of the profoundest men, of the age.
Philosophers rung the changes upon it. Political economists had foretold its failure,
or had dwelt upon the evil effects of large holdings. Prior to this time, large pur-
chases from the Government or States had usually resulted in the bankruptcy of the
holders. (For tables showing the decrease of the area of farms in the land States
and Territories, from decade to decade, see “Compendium of eighth and ninth cen-
suses.”)
The land system has had the benefit of the marvelous ability of Alexander Hamil-
ton, the experience of Mr. Jefferson, Mr. Madison, Albert Gallatin, the officers of the
Treasury Department, the Commissioners of the General Land Office after 1812—who
were, in many instances, men of great ability and practical sense—the Secretaries of the
Interior after 1849, Congressional committees by reports and investigations, the rulings
of Departments and courts, the aid of numerous able land attorneys, and finally the
complaints or commendations of settlers relative to existing laws, with their petitions
for or against measures—the most potent of all agencies with Congress,
The rich and fertile lands of the Mississippi Valley were fast filling up with set-
tlers. Agricultural lands in the Middle States, which, after the year 1824, were
bought for $1.25 per acre, now sold at from $50 to $80 per acre. Former purchasers
of these Government lands in the Middle, Western, and Southern States, were selling
their early purchases for this great advance, and moving west, to Iowa, Wisconsin,
332 -
HOMESTEAD ACTS. 333
Minnesota, and Missouri, and there again taking cheap Government lands under the
pre-emption laws. - -
The western emigration caused a rush—a migration of neighborhoods in many lo-
calities of the older Western States. Following the sun, their pillar of fire, these
State founders moved westward, a resistless army of agents of American civilization,
and there was a demand for homes on the public lands, and a strong pressure for the
enactment of a law which should confine locators to small tracts, and require actual
occupation, improvement, and cultivation. - *
CONGRESSIONAL ACTION ON THE HOMESTEAD LAW,
A fierce political battle now ensued, beginning in 1854, and continuing until 1862,
the year of the passage of the law. The demand of the settlers was incessant and
constant. January 20, 1859, in the House of Representatives, a bill relating to pre-
emption was pending. Mr. Galusha A. Grow, of Pennsylvania, moved to amend as
follows:
Be it further enacted, That from and after the passage of this act no public land shall
be exposed to sale by proclamation of the President, unless the same shall have been
surveyed, and the return of such survey duly filed in the Land Office, for ten years or
more before such sale.
A motion now followed to refer the bill and amendments to the Committee of the
Whole. Defeated. Yeas, 90; nays, 92. -
On the motion to incorporate the above clause with the pre-emption act, the yeas
were 98 and the nays 81, and it was so ordered.
The bill, as amended, was put upon its passage, and defeated. Yeas, 91; nays, 95.
February 1, 1859, the question before the House was House bill No. 72, a bill to se-
cure homesteads to actual settlers, being in the words following:
A BILL to secure homesteads to actual settlers on the public domain.
SEC. 1. Beit enacted by the Senate and House of Representatives of the United States of Amer-
ica in Congress assembled, That any person who is the head of a family, or who has ar-
rived at the age of twenty-one years, and is a citizen of the United States, or who shall
have filed his intention to become such, as required by the naturalization laws of the
United States, shall, from and after the passage of this act, be entitled to enter, free
of cost, one quarter-section of vacant and unappropriated public lands which may, at
the time the application is made, be subject to private entry, at $1.25 per acre, or a
quantity equal thereto, to be located in a body, in conformity with the legal subdivis-
ions of public lands, and after the same shall have been surveyed.
SEC. 2. And be it further enacted, That the person applying for the benefit of this act
shall, upon application to the register of the land-office in which he or she is about to
make such entry, make affidavit before the said register that he or she is the head of
a family, or is twenty-one years or more of age, and that such application is made for
his or her exclusive use and benefit, and those specially mentioned in this act, and not
either directly or indirectly for the use or benefit of any other person or persons whom-
soever; and upon making the affidavit as above required, and filing the affidavit with
the register, he or she shall thereupon be permitted to enter the quantity of land al-
ready specified: Provided, however, That no certificate shall be given or patent issued
therefor until the expiration of five years from the date of such entry; and if, at the
expiration of such time, or at any time thereafter, the person making such entry, or,
if he be dead, his widow, or, in case of her death, his heirs or devisee, or in case
of a widow making such entry, her heirs or devisee, in case of her death, shall prove
by two creditable witnesses that he, she, or they, have continued to reside upon and
cultivate such land, and still reside upon the same, and have not alienated the same,
or any part thereof, then, in such case, he, she, or they, if at that time a citizen of the
United States, shall, on payment of ten dollars, be entitled to a patent, as in other
cases provided for by law: And provided, further, In case of the death of both father.
and mother, leaving an infant child or children under twenty-one years of age, the
right and the fee shallinure to the benefit of said infant child or children, and the exec-
utor, administrator or guardian may, at any time within two years after the death
of the surviving parent, and in accordance with the laws of the State in which such
children for the time being have their domicil, sell said land for the benefit of said in-
fants, but for no other purpose; and the purchaser shall acquire the absolute title by
the purchase, and be entitled to a patent from the United States.
SEC. 3. And be it further enacted, That the register of the land-office shall note all
such applications on the tract-books and plats of his office, and keep a register of all
334 HOMESTEAD ACTS.
such entries, and make a return thereof to the General Land Office, together with the
proof upon which they have been founded.
SEC. 4. And be it further enacted, That all lands acquired under the provisions of this
act shall in no event become liable to the satisfaction of any debt or debts contracted
prior to the issuing the patent therefor.
Sec. 5. And be it further enacted, That if, at any time after the filing the affidavit, as
required in the second section of this act, and before the expiration of the five years
aforesaid, it shall be proven, after due notice to the settler, to the satisfaction of the
register of the land-office, that the person having filed such affidavitshall have actually.
changed his or her residence, or abandoned the said entry for more than six months at
any time, then, and in that event, the land so entered shall revert back to the Govern-
ment, and be disposed of as other public lands are now by law, subject to an appeal
to the General Land Office.
SEC. 6. And be it further enacted, That no individual shall be permitted to make more
than one entry under the provisions of this act; and that the Commissioner of the
General Land Office is hereby required to prepare and issue such rules and regulations,
consistent with this act, as shall be necessary and proper to carry its provisions into
effect; and that the registers and receivers of the several land-offices shall be entitled
to receive the same compensation for any lands entered under the provisions of this
act that they are now entitled to receive when the same quantity of land is entered
with money, one-half to be paid by the person making the application, at the time so
doing, and the other half on the issue of the certificate by the person to whom it may
be issued: Provided, That nothing in this act shall be so construed as to impair or
interfere in any manner whatever with existing pre-emption rights.
The previous question having been ordered, the House proceeded to vote upon the
bill without debate. ** * -
A motion to lay on the table was lost; yeas 77, nays 113; and the bill was then
... passed; yeas 120, nays 76.
Yeas.
Maine.—Abbott, Foster, Gilman, Morse, Washburn.
New Hampshire.—Cragin, Pike, Tappan.
Vermont.—Morrill, Royce, Walton.
Massachusetts.-Buffinton, Burlingame, Chaffee, Comins, Davis, Dawes, Gooch, Hall,
Knapp, Thayer.
Bhode Island.—Brayton, Durfee.
Connecticut.—Bishop, Clark, Dean. -
New York.—Andrews, Barr, Burroughs, C. B. Cochrane, John Cochrane, Corning,
Dodd, Fenton, Goodwin, Granger, Haskin, Hatch, Hoard, Kelsey, Maclay, Matteson,
Morgan, Morse, Murray, Olin, Palmer, Parker, Pottle, Russell, Spinner, Taylor, Ward.
New Jersey.—Adrian, Clawson, Robbins, Wortendyke.
Pennsylvania.-Covode, Dick, Florence, Grow, Hickman, Keim, Morris, Phillips,
Purviance, Reilly, Roberts, Stewart, Kunkel.
Tennessee.—Jones.
FCentucky.—Jewett. -
Ohio.—Bºngham, Bliss, Burns, Cockerill, Cox, Giddings, Groesbeck, Hall, Harlan,
Horton, Lawrence, Leiter, Miller, Pendleton, Sherman, Stanton, Tompkins, Wallan-
diº, Wade.
ndiana.-Case, Colfax, Davis, Foley, Gregg, Kilgore, Pettit, Wilson.
Illinois.—Farnsworth, Hodges, Kellogg, Lovejoy, Morris, Smith, Washburne.
Michigan.—Howard, Leach, Wallbridge, Waldron.
Wisconsin.—Billinghurst, Potter, Washburn.
Minnesota.-Cavanaugh, Phelps.
Iowa.-Curtis, Davis.
Missouri.—Craig.
California.—McKibbin, Scott.—Total, 120.

Nays.
Pennsylvania.-Leidy.
Delaware.—Whiteley.
Maryland.—Bowie, Davis, Harris, Kunkel, Ricaud, Stewart.
Virginia.-Bocock, Caskie, Edmundson, Faulkner, Garnett, Goode, Hopkins, Jen-
kins, Letcher, Millson, Smith. -
North Carolina.-Branch, Craige, Gilmer, Ruffin, Scales, Shaw, Wance, Winslow.
South Carolina.-Bonham, Boyce, Keitt, McQueen, Miles. |
Georgia.-Crawford, Gartrell, Hill, Jackson, Seward, Stephens, Trippe, Wright.
Alabama.—Cobb, Curry, Dowdell, Houston, Moore, Šhorter, Stallworth.
HOMESTEAD ACTS. - 335
Mississippi.--Barksdale, Lamar, McRae, Singleton.
Louisiana.-Eustis.
Texas.-Reagan.
Arkansas.-Greenwood.
Tennessee.—Atkins, Avery, Maynard, Ready, Smith, Watkins, Wright, Zollicoffer.
ICentucky.—Burnett, Marshall, Mason, Peyton, Underwood.
Ohio.—Nichols.
Indiana.-English, Hughes, Niblack.
Illinois.—Marshall, Shaw.
Missouri.-Anderson, Clark, Woodson.—Total, 76.
In the Senate, February 17, 1859, Mr. Wade, of Ohio, moved to postpone all prior
orders and take up the homestead bill, which had passed the House.
Mr. Wade's motion was adopted. -
YEAS.–Messrs. Bright, Broderick, Chandler, Collamer, Dixon, Doolittle, Fessenden,
Foot, Foster, Gwin, Hale, Hamlin, Harlan, Johnson of Tennessee, King, Pugh, Rice,
Seward, Shields, Simmons, Smith, Stuart, Trumbull, Wade, and Wilson—26.
NAYS.–Messrs. Allen, Bayard, Benjamin, Bigler, Brown, Chestnut, Clay, Clingman,
Davis, Fitch, Fitzpatrick, Green, Hammond, Hunter, Iverson, Lane, Mallory, Mason,
Pearce, Reid, Slidell, Toombs, and Ward—23.
Mr. Hunter, of Virginia, moved that the homestead bill be laid aside so as to take
up the diplomatic and consular appropriation bill.
Pending debate upon Mr. Hunter's motion, the hour of twelve o’clock arrived, and
the Vice-President decided that the Cuba bill, having been assigned for that hour,
was now before the Senate.
Mr. Wade moved to postpone the twelve o'clock order, and continue the considera-
tion of the homestead bill. It was adopted. -
YEAS.–Messrs. Bell, Bright, Broderick, Chandler, Clark, Collamer, Dixon, Doolit-
tle, Douglas, Durkee, Fessenden, Foot, Foster, Hale, Hamlin, Harlan, Johnson of Ten-
nessee, King, Pugh, Rice, Seward, Simmons, Smith, Stuart, Trumbull, Wade, and Wil-
son—27.
NAYS.–Messrs. Allen, Bates, Benjamin, Bigler, Brown, Clay, Clingman, Davis, Fitch,
Fitzpatrick, Green, Gwin, Hammond, Hunter, Iverson, Johnson of Arkansas, Lane,
Mallory, Mason, Pearce, lèeid, Sebastian, Slidell, Toombs, Ward, and Yulee—26.
The question, as stated by the Vice-President, was now upon Mr. Hunter's motion
to set it aside, and take up the consular and diplomatic appropriation bill.
The vote on Mr. Hunter's motion resulted as follows:
YEAS.–Messrs. Allen, Bates, Bayard, Benjamin, Bigler, Brown, Clay, Clingman,
Davis, Fitch, Fitzpatrick, Green, Gwin, Hammond, Hunter, Iverson, Johnson of Ar-
Kansas, Kennedy, Lane, Mallory, Mason, Pearce, Reid, Sebastian, Slidell, Toombs,
Ward, and Yulee—28. i
NAYS.–Messrs. Bell, Bright, Broderick, Chandler, Clark, Collamer, Dixon, Doolit-
tle, Douglas, Durkee, Fessenden, Foot, Foster, Hale, Hamlin, Harlan, Houston, John-
son of Tennessee, King, Pugh, Rice, Sewald, Simmons, Smith, Stuart, Trumbull, Wade,
and Wilson—28. J
The vote being a tie, the Vice-President, Mr. Breckinridge, voted in the affirmative,
and the homestead bill was laid aside. -
February 19 Mr. Wade moved to set aside all prior orders and take up the homestead
bill. This motion was negatived by the following vote :
YEAS.–Messrs. Broderick, Chandler, Clark, Collamer, Dixon, Doolittle, Durkee,
Fessenden, Foot, Hale, Hamlin, Harlan, Johnson of Tennessee, Jones, King, Pugh,
Rice, Seward, Shields, Simmons, Stuart, Trumbull, Wade, and Wilson—24.
NAYS.–Messrs. Allen, Bates, Bayard, Benjamin, Bigler, Bright, Brown, Chestnut,
Clay, Clingman, Crittenden, Davis, Fitch, Fitzpatrick, Green, #ammond, Houston,
Hunter, Iverson, Kennedy, Mallory, Mason, Pearce, Polk, Reid, Sebastian, Slidell,
Smith, Toombs, Ward, and Yulee—31.
February 25, upon the occasion of a motion by Mr. Slidell to postpone all prior orders
and take up the bill for the purchase of Cuba, Mr. Doolittle, of Wisconsin, resisted,
and called upon the friends of homesteads to vote it down, so that he himself might
submit a motion to take up the homestead bill. - -
The vote was then taken, and the motion to take up the Cuba bill was adopted:
YEAS.-Messrs. Allen, Bayard, Bell, Benjamin, Bigler, Brown, Chestnut, Clay, Cling-
man, Davis, Fitch, Fitzpatrick, Green, Gwin, Hammond, Houston, Hunter, Iverson,
*
336 HOMESTEAD ACTS.
Jones, Lane, Mallory, Mason, Polk, Pugh, Reid, Rice, Sebastian, Shields, Slidell, Smith,
Stuart, Toombs, Ward, Wright, and Yulee—35.
NAYS.–Messrs. Broderick, Cameron, Chandler, Clark, Collamer, Dixon, Doolittle,
Douglas, Durkee, Fessenden, Foot, Foster, Hale, Hamlin, Harlan, Johnson of Ten-
nessee, Kennedy, King, Pearce, Seward, Simmons, Trumbull, Wade, and Wilson—24.
Ten o’clock in the evening Mr. Doolittle moved to set aside the Cuba bill and take
up the homestead bill.
Mr. Doolittle's motion was lost. , %,
YEAS–Messrs. Broderick, Cameron, Clark, Chandler, Collamer, Doolittle, Fessenden,
Foot, Foster, Hale, Hamlin, Harlan, Johnson of Tennessee, King, Seward, Simmons,
Trumbull, Wade, and Wilson—19. -
NAYS—Messrs. Allen, Benjamin, Bayard, Bigler, Brown, Chestnut, Clay, Clingman,
Douglas, Fitch, Fitzpatrick, Green, Gwin, Hunter, Iverson, Johnson of Arkansas,
Lane, Mallory, Mason, Polk, Pugh, Reid, Rice, Sebastian, Shields, Slidell, Toombs,
Ward, and Wright—29. -
And this ended attempts at legislation on the subject at that session of Congress.
March 6, 1860, in the House of Representatives, Mr. Lovejoy, of Illinois, from the
Committee on Public Lands, reported the following bill (previously introduced by Mr.
. Grow), which was read twice and committed to the Committee of the Whole.
A BILL to secure homesteads to actual settlers on the public domain.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That any person who is the head of a family, or who has arrived
at the age of twenty-one years, and is a citizen of the United States, or who shall have
filed his intention to become such, as required by the naturalization laws of the United
States, shall, from and after the passage of this act, be entitled to enter, free of cost,
One hundred and sixty acres of unappropriated public lands, upon which said person
may havefiled a pre-emption claim, or which may, at the time the application is made,
be subject to pre-emption at one dollar and twenty-five cents, or less, per acre; or
eighty acres of such unappropriated lands, at two dollars and fifty cents per acre; to
be located in a body, in conformity to the legal subdivisions of the public lands, and
after the same shall have been surveyed. r
SEC. 2. And be it further enacted, That the person applying for the benefit of this act
shall, upon application to the register of the land office in which he or she is about to
make such entry, make affidavit before the said register or receiver that he or she is
the head of a family, or is twenty-one years or more of age, and that such application
is made for his or her exclusive use and benefit, and those specially mentioned in this
act, and not either directly or indirectly for the use or benefit of any other person or
persons whomsoever; and upon filing the affidavit with the register or receiver, he or
she shall thereupon be permitted to enter the quantity of land specified: Provided,
however, That no certificate shall be given or patent issued therefor until the expira-
tion of five years from the date of such entry; and if, at the expiration of such time,
or at any time within two years thereafter, the person making such entry—or if he be
dead, his widow; or in case of her death, his heirs or devisee; or in case of a widow
making such entry, her heirs or devisee, in case of her death—shall prove by two cred-
ible witnesses that he, she, or they have resided upon and cultivated the same for the
term of five years immediately succeeding the time of filing the affidavit aforesaid;
then, in such case, he, she, or they, if at that time a citizen of the United States,
shall, on payment of ten dollars, be entitled to a patent, as in other cases provided
for by law: And provided further, That in case of the death of both father and mother,
leaving an infant child, or children, under twenty-one years of age, the right and fee
shall inure to the benefit of said infant child, or children; and the executor, admin-
istrator, or guardian may, at any time within two years after the death of the surviv-
ing parent, and in accordance with the laws of the State in which such children for
the time being have their domicil, sell said land for the benefit of said infants, but for
no other purpose; and the purchaser shall acquire the absolute title by the purchase,
and be entitled to a patent from the United States, on payment of the office fees and
sum of money herein specified. --
SEC. 3...And be it further enacted, That the register of the land office shall note all
such applications on the tract-books and plats of his office, and keep a register of all
such entries, and make return thereof to the General Land Office, together with the
proof upon which they have been founded.
SEC. 4. And be it further enacted, That all lands acquired under the provisions of this
act shall in no event become liable to the satisfaction of any debt or debts contracted
prior to the issuing of the patent therefor.
SEC, 5. And be it further enacted, That if, at any time after the filing of the affidavit,
as required in the second section of this act, and before the expiration of the five years
t
HOMESTEAD ACTS. 337
aforesaid, it shall be proven, after due notice to the settler, to the satisfaction of the
register of the land office, that the person having filed such affidavit shall have actu-
ally changed his or her residence, or abandoned the said entry for more than six months
at any time, then, and in that event, the land so entered shall revert to the Govern-
ment.
SEC. 6. And be it further enacted, That no individual shall be permitted to make more
than one entry under the provisions of this act; and that the Commissioner of the
General Land Office is hereby required to prepare and issue such rules and regulations,
consistent with this act, as shall be necessary and proper to carry its provisions into
effect; and that the registers and receivers of the several land offices shall be entitled
to receive the same compensation for any lands entered under the provisions of this
act that they are now entitled to receive when the same quantity of land is entered
with money, one-half to be paid by the person making the application at the time of
so doing, and the other half on the issue of the certificate, by the person to whom it
may be issued: Provided, That nothing contained in this act shall be so construed
as to impair or interfere in any manner whatever with existing pre-emption rights:
And provided further, That all persons who may have filed their applications for a pre-
emption right prior to the passage of this act shall be entitled to all privileges of this
aCt.
Subsequently a motion was made by Mr. Lovejoy to reconsider the vote by which the
bill had been referred to the Committee of the Whole. On Monday, March 12, Mr.
Lovejoy called up this motion, and under the operation of the previous question it was
agreed to, 106 to 67, as follows:
YEAS–Messrs. Adrain, Aldrich, Ashley, Babbitt, Bingham, Blake, Buffinton, Bur-
lingame, Campbell, Carey, Carter, Case, John Cochrane, Colfax, Conkling, Cooper,
Corwin, Covode, Cox, James Craig, Curtis, John G. Davis, Dawes, Delano, Duell,
Dunn, Edgerton, Elliot, Fenton, Ferry, Florence, Foster, Fouke, Frank, French, Gooch,
Graham, Grow, Gurley, Hale, Hall, Haskin, Helmick, Hoard, Holman, Howard, Hutch-
ins, Junkin, Francis W. Kellogg, William Kellogg, Kilgore, Killinger, Larrabee, DeWitt
C. Leach, Lee, Logan, Loomis, Lovejoy, Maclay, Marston, Charles D. Martin, McCler-
mand, McKean, McKnight, Millward, Moorhead, Morrill, Edward Joy Morris, Morse,
Olin, Pendleton, Perry, Porter, Potter, Pottle, Rice, Riggs, Christopher Robinson, James
C. Robinson, Royce, Schwartz, Scott, Scranton, Sedgwick, Sherman, Somes, Spinner, .
Stanton, Stout, Stratton, Tappan, Thayer, Tompkins, Train, Trimble, Wallandigham,
Vandever, Verree, Waldron, Walton, Cadwalader C. Washburn, Ellihu B. Washburne,
Israel Washburn, Wells, Windom, and Woodruff—106.
NAYs—Messrs. Green Adams, Thomas L. Anderson, William C. Anderson, Avery,
Barksdale, Bocock, Bonham, Brabson, Branch, Bristow, Burch, Burnett, Clopton, Cobb,
Carry, Reuben Davis, De Jarnette, Edmundson, English, Etheridge, Garnett, Gartrell,
Gilmer, Hardeman, J. Morrison Harris, Hatton, Hill, Hindman, Houston, Hughes,
Jackson, Jenkins, Jones, Keitt, Lamar, Landrum, Leake, Love, Mallory, Elbert S.
Martin, Maynard, McQueen, McRae, Miles, Millson, Montgomery, Nelson, Niblack,
Noell, Peyton, Pryor, Pugh, Reagan, Ruffin, Sickles, Simms, Singleton, William
Smith, William N. H. Smith, Stevenson, Stokes, Underwood, Vance, Webster, White-
ley, Woodson, and Wright—67. -
So the motion was reconsidered, and the bill was before the House. Mr. Lovejoy
moved that the bill be engrossed and read a third time. Mr. Branch (N. C.) moved to
lay the bill on the table. Lost, 62 to 112.
The House refused to lay the bill on the table; and it was read a third time and
passed.
Yeas.
Maine.—Foster, French, Morse, Perry, Somes, Israel Washburn.
New Hampshire.—Marston, Tappan.
Vermont.—Morrill, Royce, Walton.
Massachusetts.-Buffinton, Dawes, Delano, Elliot, Gooch, Rice, Thayer, Train.
Oonnecticut.—Burnham, Ferry, Loomis, Woodruff.
Ithode Island.—Christopher Robinson.
New York.-Barr, Briggs, Carter, John Cochrane, Conkling, Duell, Fenton, Frank,
Graham, Haskin, Hoard, Humphrey, Lee, Maclay, McKean, Olin, Pottle, Sickles, Spin-
ner, Van Wyck, Wells. -
New Jersey.—Adrain, Riggs, Stratton.
Pennsylvania.--Babbitt, Campbell, Covode, Florence, Grow, Hale, Hall, Hickman,
3.unkin, Killinger, McKnight, McPherson, Millward, E. Joy Morris, Schwartz, Scranton,
€II'êe. ~, *
Ohio.—Ashley, Bingham, Blake, Carey, Corwin, Cox, Edgerton, Gurley, Helmick,
22 L O—VOL III
338 HOMESTEAD ACTS.
Howard, Hutchins, Charles D. Martin, Pendleton, Sherman, Stanton,Tompkins, Trim-
ble, Wallandigham. -
Michigan.—Cooper, Francis W. Kellogg, DeWitt C. Leach, Waldron.
Indiana.--Case, Colfax, John G. Davis, Dunn, English, Holman, Kilgore, Niblack,
Porter, Wilson.
Illinois.—Fouke, Wm. Kellogg, Logan, Lovejoy, McClernand, James C. Robinson,
E. B. Washburne.
Wisconsin.—Larrabee, Potter, C. C. Washburn.
Iowa.-Curtis, Wandever.
Minnesota.-Aldrich, Windom.
California.-Burch, Scott.
Oregon.—Stout.
Missouri.-James Craig. Total, 115.
Nays.
Pennsylvania.--Montgomery.
Delaware.—Whiteley. -
Maryland.—H. Winter Davis, J. M. Harris, Hughes, Webster.
Virginia.-Bocock, De Jarnette, Edmundson, Garnett, Jenkins, Leake, Elbert S.
Martin, Wilson, Pryor, William Smith.
North Carolina.-Branch, Gilmer, Ruffin, William N. H. Smith, Vance.
South Carolina.—Bonham, Keitt, McQueen, Miles.
Georgia.-Gartrell, Hardeman, Hill, Jackson, Jones, Love, Underwood.
Alabama.—Clopton, Cobb, Curry, Houston, Suydenham Moore, Pugh.
Mississippi.-Barksdale, Reuben Davis, Lamar, McRea, Singleton.
Louisiana.-Landrum.
Arkansas.-Hindman.
Teacas.-Hamilton, Reagan.
Missouri.—Thomas L. Anderson, Noell, Woodson.
Tennessee.—Avery, Etheridge, Hatton, Maynard, Nelson, Stokes, Wright.
Rentucky.—Green Adams, William C. Anderson, Bristow, Burnett, Mallory, Peyton,
Simms, Stevenson. Total, 65.
This bill was sent to the Senate, and referred to the Committee on Public Lands,
and on the 17th of April, Mr. Johnson, of Tennessee, the chairman of that committee,
reported a substitute for the House bill, granting homesteads to actual settlers, at 25
cents per acre, but not including pre-emptors then occupying the public lands. When
this bill came before the Senate for action, Mr. Wade, of Ohio, moved to amend, by
substituting the House bill, which was lost—
YEAS–Messrs. Anthony, Bingham, Cameron, Chandler, Clark, Collamer, Dixon,
Doolittle, Douglas, Durkee, Foot, Foster, Grimes, Hale, Hamlin, King, Rice, Seward,
Simmons, Sumner, Ten Eyck, Toombs, Trumbull, Wade, Wilkinson, and Wilson—26.
NAYS-Messrs. Bayard, Bigler, Bragg, Bright, Brown, Chestnut, Clay, Clingman,
Davis, Fitch, Fitzpatrick, Green, Gwin, Hammond, Hemphill, Hunter, Iverson, John-
son of Arkansas, Johnson of Tennessee, Lane, Latham, Mason, Nicholson, Polk,
Powell, Pugh, Saulsbury, Sebastian, Slidell, Wigfall, and Yulee—31.
The Senate, May 10, 1860, passed Mr. Johnson's bill, 44 to 8, the nays being Messrs.
Bragg, Clingman, Hamlin, Hunter, Mason, Pearce, Powell, and Toombs. The House
refused to concur; the Senate refused to recede, and the result was a protracted con-
ference on the part of the committees of the two Houses. They finally came to an
agreement on June 19th, by the House accepting the Senate bill with slight amend-
ments. On that day Mr. Schuyler Colfax reported to the House as follows:
Mr. COLFAX. I rise to a question of privilege. I am instructed by the committee
of conference on the disagreeing votes of the two Houses on the homestead bill, to
report that, after twelve meetings of the three different conferences that have been
appointed, they this morning finally agreed. I hold in my hand the report of the com-
mittee, which can be read if any gentleman desires it. But perhaps it would render
the report clearer and more intelligible if I should briefly state its leading features.
The Senate bill all the members of the House are familiar with. The conferees upon
the part of the House finding, after the most earnest efforts, that it would be utterly
impossible for them to induce the Senate to agree to the House bill, have been discuss
ing what changes could be made in the Senate bill, so as to render it acceptable enough
for the House to accept, rather than the whole should fail. They have finally agreed
upon a report as follows: In the first place, I will say that the bill, as it passed the
Senate, provided that the pre-emptors now upon the public lands might remain there
two years before they should be required to purchase their lands, but should then pay
HOMESTEAD ACTS. 339
for them at the rate of $1.25 per acre, thus removing them entirely from within the pur-
view of the benefits which would apply to the settlers hereafter upon the public lands.
This point the House conferees refused to accede to, and if persisted in, we should have
again reported a disagreement. Finally, however, a compromise was arranged on this
point, and to protect the pre-emptors now on the Government land, which was to
be advertised this fall for sale, we changed the Senate bill so as to protect them for
at least two years from land sales, and to allow them then to secure their homes at
one-half the Government price, namely, sixty-two-and-a-half cents per acre. I need
scarcely add, that, if the Senate could have been induced to give them the benefit of
their twenty-five-cent-per-acre provision, we should have insisted on it inflexibiy;
but what I have stated is the very lowest point that could be obtained. The Second
change we have made in the Senate bill is in relation to the scope of land coming under
the operations of the law. The House bill embraced all the Government land, offered
or unoffered, except such as was specially reserved. The Senate bill confined its pro-
visions to land subject to private entry, exclusively. As I have explained on a former
occasion, the expression “subject to private entry” means such as are left after the
lands have been once regularly brought into market, exposed to public sale, and the
speculators have taken such as they see fit to purchase. The difference between these
two bills seemed so radical as to be incapable of adjustment ; and the scope of farming
land covered by the Senate bill was so limited, there being but little, if any, in Min-
nesota, Kansas, Nebraska, California, Oregon, and Washington, that the House con-
ferees declined to accept it. But on this, too, we finally effected a compromise. By
our report, all the land subject to private entry is included, and, in addition, all the
odd-numbered sections of the surveyed public lands, which have not been opened to
public sale—a most material and beneficent enlargement of the Senate bill. We were
offered, after this agreement, whichever half of the unoffered lands we chose, and we
took the odd-numbered sections. The reason for this was, that the 16th section of
a township, being reserved for school purposes by our land laws, the four adjoining
sections to it, on the north, west, east, and south, are sections 9, 15, 17, and 21, all
odd-numbered sections, which are thus saved for homestead settlers, who have re-
served for them 18 out of the 35 disposable sections in each township of six miles
Square. -
On all these lands actual settlers, who are heads of families, are allowed, after hav-
ing occupied the land for five years, to purchase at 25 cents per acre, which is about the
average cost price of the public lands to the Government. We struggled, of course,
to include all young men over 21 who are not heads of families, and to adopt the free
homestead principle of the House bill; but on these points the Senate was inflexible,
and we took what we did because it was the very best we could get. The Senate bill
originally provided that the homestead settler might acquire title to his land at any
time by, paying full Government prices; but desiring to promote actual settlement, we
now provide that he cannot do this till after he has been on the land six months.
When he stays, or his family if he deceases, the full five years, he obtains it at 25 cents
per acre. The Senate have also agreed to strike out the eighth section of their bill,
which made it imperative upon the President to expose all public lands to sale within
two years after they shall have been surveyed, which we held would be peculiarly
oppressive upon the pioneers who had gone to the frontier to settle upon the public
lands, and to which we could never have consented. Now, Mr. Speaker, I desire to
state, in conclusion, that the compromise we have made upon the subject is not in
accordance with what I should desire to have passed, if I had the power to frame the
bill myself; but it is the very utmost we could obtain from the Senate, as now consti-
tuted. The Senators who served with us on the conference have been notified by
me, and also by my colleague (Mr. Windom, of Minnesota), that we regard this as but
a single step in advance toward a law which we shall demand from the American
Congress, enacting a comprehensive and liberal homestead policy. This we have
agreed to as merely an avant courrier. We shall demand it at the next session of Con-
gress, and until it is granted—until all the public lands shall be open to all the people
of the United States; and I state this publicly, that no one shall regard us as estopped
hereafter, because we accepted this half-way measure rather than to allow the whole
to fail. I should have added that all persons, whether citizens or those who have only
declared their intentions, are allowed to go on the lands under this bill, but are re-
quired to perfect their naturalization before the five years expire and the patent issues.
I now demand the previous question on concurring in the report of the committee,
and passing the bill as thus amended.
Mr. FARNSWORTH. I desire to ask the gentleman from Indiana whether this bill
confines its benefits to those who are heads of families.
Mr. COLFAX. It does, because we failed, despite our utmost efforts, in procuring its
extension to all; but we shall appeal to the young men to demand of those who make
and who execute the laws that the system inaugurated by this bill shall be widened
so as to admit them to its benefits; and I will join them in this demand.
340 HOMESTEAD ACTS.
Mr. GROW. I just desire to say that we have taken this bill, not because it is what
we want, but on the principle that “half a loaf is better than no bread.”
The House agreed to the report of the committee, 115 to 51, as follows:
YEAS—Messrs. Ashley, Babbitt, Barr, Bingham, Francis P. Blair, Samuel S. Blair,
Blake, Brayton, Briggs, Buffinton, Burch, Burlingame, Burnham, Butterfield, Camp-
Roell, Carey, Carter, Case, Horace F. Clark, Cobb, Colfax, Corwin, Covode, Cox, Cur-
tis, John G. Davis, Dawes, Delano, Duell, Dunn, Edgerton, Edwards, Elliot, Ely,
Ferry, Florence, Foster, Frank, French, Gooch, Graham, Grow, Gurley, Hale, Hall,
Haskin, Helmick, Hoard, Wm. Howard, Humphrey, Hutchins, Junkin, Francis W.
Kellogg, Wm. Kellogg, Kenyon, Killinger, DeWitt C. Leach, Lee, Longnecker,
Loomis, Maclay, Marston, McKean, McKnight, McPherson, Millward, Moorhead, Mor-
rill, Edward Joy Morris, Isaac N. Morris, Morse, Niblack, Nixon, Olin, Palmer, Pendle-
ton, Perry, Pettit, Phelps, Porter, Potter, Rice, Riggs, Christopher Robinson, Royce,
Sedgwick, Sherman, Somes, Spaulding, Spinner, Stanton, William Stewart, Stout, Tap-
pan, Taylor, Thayer, Theaker, Tompkins, Train, Trimble, Vandever, Van Wyck, Ver-
ree, Wade, Walton, Cadwalader C. Washburn, Elihu B. Washburne, Israel Washburn,
Wells, Windom, and Woodruff—115.
NAYS-Messrs. Green Adams, William C. Anderson, Ashmore, Avery, Barksdale,
Bocock, Bonham, Boyce, Brabson, Branch, Burnett, Clopton, Burton Craige, Craw-
ford, Curry, De Jarnette, Gilmer, Hardeman, J. Morrison Harris, John T. Harris, Hat-
ton, Houston, Jenkins, Jones, Keitt, Landrum, James M. Leach, Leake, Love, Mallory,
Maynard, McQueen, Miles, Millson, Suydenham Moore, Nelson, Peyton, Quarles, Rea-
gan, Ruffin, William Smith, William N. H. Smith, Stevenson, Stokes, Thomas, Under-
wood, Vance, Webster, Winslow, Woodson, and Wright—51.
The Senate agreed to the report of the conference committee, 36 to 2–Messrs. Bragg
and Pearce.
The following is the bill as it was finally reported by the conference committee and
passed both Houses: -
AN ACT to secure homesteads to actual settlers on the public domain, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That any person who is the head of a family and a citizen of the
United States shall, from and after the passage of this act, be entitled to enter one
4tuarter-section of vacant and unappropriated public lands, or any less quantity, to be
located in a body, in conformity with the legal subdivisions of the public lands, after
the same shall have been surveyed, upon the following conditions: That the person
applying for the benefit of this act shall, upon application to the register of the land
office in which he or she is about to make such entry, make affidavit before the said
register or receiver of said land office that he or she is the head of a family, and is
actually settled on the quarter-section, or other subdivision not exceeding a quarter-
section, proposed to be entered, and that such application is made for his or her use
and benefit, or for the use and benefit of those specially mentioned in this section, and
not either directly or indirectly for the use or benefit of any other person or persons
whomsoever, and that he or she has never at any previous time had the benefit of
this act; and upon making the affidavit as above required, and filing the same with
the register, he or she shall thereupon be permitted to enter the quantity of land al-
ready specified: Provided, however, That no final certificate shall be given, or patent
issued therefor, until the expiration of five years from the date of such entry; and if,
at the expiration of such time, the person making such entry, or, if he be dead, his
widow, or, in case of her death, his child or children, or in case of a widow making
such entry, her child or children, in case of her death, shall prove, by two credible
witnesses, that he, she, or they–that is to say, some member or members of the same
family—has or have erected a dwelling-house upon said land, and continued to reside
upon and cultivate the same for the term of five years, and still reside upon the same
(and that neither the said land or any part thereof has been alienated); then, in such
case, he, she, or they, upon the payment of 25 cents per acre for the quantity entered,
shall be entitled to a patent, as in other cases provided by law: And provided further,
In case of the death of both father and mother, leaving a minor child or children, the
right and the fee shall inure to the benefit of said minor child or children, and the
guardian shall be authorized to perfect the entry for the beneficiaries, as if there had
been a continued residence of the settler for five years: Provided, That nothing in this
section shall be so construed as to embrace or in any way include any quarter-section
or fractional quarter-section of land upon which any pre-emption right has been ac-
quired prior to the passage of this act : And provided further, That all entries made
under the provisions of this section, upon lands which have not been offered for public sale,
shall be confined to and upon sections designated by odd numbers.
SEC. 2. And be it further enacted, That the register of the land office shall note all such
HOMESTEAD ACTS. - 341
applications on the tract-books and plats of his office, and keep a register of all such
entries, and make return thereof to the General Land Office, together with the proof
upon which they have been founded.
SEC. 3. And be it further enacted, That no land acquired under the provisions of this
act shall in any event become liable to the satisfaction of any debt or debts until after
the issuing of the patent therefor.
SEC. 4. And be it further enacted, That if, at any time after filing the affidavit, as re-
quired in the first section of this act, and before the expiration of the five years afore-
said, it shall be proved, after due notice to the settler, to the satisfaction of the regis-
ter of the land office, that the person having filed such affidavit shall have sworn
falsely in any particular, or shall have voluntarily abandoned the possession and cul-
tivation of the said land for more than six months at any time, or sold his right under
the entry, then, and in either of those events, the register shall cancel the entry, and
the land so entered shall revert to the Government, and be disposed of as other public
lands are now by law, subject to an appeal to the Secretary of the Interior. And in
no case shall any land, the entry whereof shall have been canceled, again be subject
to occupation, or entry, or purchase, until the same shall have been reported to the
General Land Office, and, by the direction of the President of the United States, again
advertised and offered at public sale.
SEC. 5. And be it further enacted, That if any person, now or hereafter a resident of
any one of the States or Territories, and not a citizen of the United States, but who at
the time of making such application for the benefit of this act shall have filed a declara-
tion of intention, as required by the naturalization laws of the United States, and shall.
have become a citizen of the same before the issuing of the patent as provided for in
this act, such person shall be entitled to all the rights conferred by this act.
SEC. 6. And be it further enacted, That no individual shall be permitted to enter more
than one quarter-section or fractional quarter-section, and that in a compact body;
but entries may be made at different times, under the provisions of this act; and that
the Secretary of the Interior is hereby required to prepare and issue, from time to
time, such rules and regulations, consistent with this act, as shall be necessary and
proper to carry its provisions into effect; and that the registers and receivers of the
several land offices shall be entitled to receive, upon the filing of the first affidavit, the
sum of 50 cents each and a like sum upon the issuing of the final certificate. But this.
shall not be construed to enlarge the maximum of compensation now prescribed by
law for any register or receiver: Provided, That nothing in this act shall be so con-
strued as to impair the existing pre-emption, donation, or graduation laws, or to em-
brace lands which have been reserved to be sold or entered at the price of $2.50 per
acre; but no entry whder 8aid graduation act, shall be allowed until after proof of actual
settlement and cultivation or occupancy for at least three months, as provided for in sec. 3.
of the said act. **
SEC. 7. And be it further enacted, That each actual settler upon lands of the United.
States, which have not been offered at public sale, upon filing his declaration or claim,
as now required by law, shall be entitled to two years from the commencement of his.
occupation or settlement; or, if the lands have not been surveyed, two years from the
receipt of the approved plat of such lands at the district land office, within which to
complete the proofs of his said claim, and to enter and pay for the land so claimed, at
minimum price of such lands; and where such settlements have already been made
in good faith, the claimant shall he entitled to the said period of two years from and
after the date of this act: Provided, That no claim of pre-emption shall be allowed for
more than 160 acres, or one-quarter section of land, nor shall any such claim be ad-
mitted under the provisions of this act, unless there shall have been at least three
months of actual and continuous residence upon and cultivation of the land so claimed
from the date of settlement, and proof thereof made according to law: Provided fur-
ther, That any claimant under the pre-emption laws may take, less than 160 acres by
legal subdivisions: Provided further, That all persons who are pre-emptors, on the date
of this act, shall, upon the payment to the proper authority of 62% cents per acre, if paid
within two years from the passage of this act, be entitled to a patent from the Govern-
ment, as now provided by the existing pre-emption laws.
SEC. 8. And be it further enacted, That the 5th section of the act entitled “An act in
addition to an act more effectually to provide for the punishment of certain cri:::es.
against the United States, and for other purposes,” approved the 3d of March, in the
lº. , shall extend to all oaths, affirmations, and affidavits required or authorized:
by this act.
SEC. 9. And be it further enacted, That nothing in this act shall be so construed as to
prevent any person who has availed him or herself of the benefit of the first section of
this act from paying the minimum price, or the price to which the same may have grad-
uated, for the quantity of land so entered at any time after an actual settlement of six
months, and before the expiration of the five years, and olytaining a patent there ſor
from the Government, as in other cases provided by law. -
SEC. 10. And be it further enacted, That all lands lying within the limits of a State
342 HOMESTEAD ACTS.
which have been subject to Sale at privato entry, and which remain unsold after the
lapse of thirty years, shall be, and the same are bereby, ceded to the State in which
the same may be situated; Provided, These cessions shall in no way invalidate any in-
ceptive pre-emption right or location, or any entry under this act, nor any sale or sales
which may be made by the United States before the lands hereby ceded shall be certi-
fied to the State, as they are hereby required to be, under such regulations as may be
prescribed by the Secretary of the Interior: And provided further, That no cessions
shall take effect until after the States, by legislative act, shall have assented to the
Så Iſle.
VETO OF THE HOMESTEAD BILL.
June 23 the President Buchanan returned the bill to the Senate with his veto, as
follows:
To the Senate of the United States:
I return, with my objections, to the Senate, in which it originated, the bill entitled
“An act to secure homesteads to actual settlers on the public domain and for other
purposes,” presented to me on the 20th instant.
This bill gives to every citizen of the United States “who is the head of a family,” and
to every person of foreign birth residing in the country who has declared his intention
to become a citizen, though he may not be the head of a family, the privilege of ap-
propriating to himself one hundred and sixty acres of Government land, of settling and
residing upon it for five years; and should his residence continue until the end of
this period he shall then receive a patent on the payment of twenty-five cents per acre,
or one-fifth of the present Government price. During this period the land is protected
from all the debts of the settler.
This bill also contains a cession to the States of all the public lands within their re-
spective limits “which have been subject to sale at private entry, and which remain
unsold after the lapse of thirty years.” This provision embraces a present donation
to the States of twelve millions two hundred and twenty-nine thousand seven hundred
and thirty-one acres, and will, from time to time, transfer to them large bodies of such
lands which, from peculiar circumstances, may not be absorbed by private purchase
and settlement.
To the actual settler this bill does not make an absolute donation; but the price is
so Small that it can scarcely be called a sale. It is nominally twenty-five cents per
acre; but considering this is not to be paid until the end of five years, it is, in fact,
reduced to about eighteen cents per acre, or one-seventh of the present minimum price
of the public lands. In regard to the States, it is an absolute and unqualified gift.
I. This state of the facts raises the question whether Congress, under the Constitu-
tion, has the power to give away the public lands, either to States or individuals. On
this question I expressed a decided opinion in Emy message to the House of Repre-
sentatives, of the 24th February, 1859, returning the agricultural college bill. This
opinion remains unchanged. The argument then used applies, as a constitutional ob-
jection, with the greater force to the present bill. There it had the plea of considera-
tion, growing out of a specific beneficial purpose; here, it is an absolute gratuity to
the State without the pretext of consideration. I am compelled, for want of time, in
these last hours of the session, to quote largely from this message.
I presume the general proposition will be admitted, that Congress does not possess
the power to make donations of money, already in the Treasury, raised by taxes on
the people, either to States or individuals.
But it is contended that the public lands are placed upon a different footing from
money raised by taxation, and that the proceeds arising from their sale are not sub-
ject to the limitations of the Constitution, but may be appropriated or given away
by Congress, at its own discretion, to States, corporations, or individuals, for any pur-
pose they may deem expedient.
The advocates of this bill attempt to sustain their position upon the language of
the second clause of the third section of the fourth article of the Constitution, which
declares that “the Congress shall have power to dispose of, and make all needful
rules and regulations respecting, the territory or other property belonging to the
United States.” They contend that by a fair interpretation of the words “ dispose
of ” in this clause, Congress possesses the power to make this gift of public lands to
the States for purposes of education. .
It would require clear and strong evidence to induce the belief that the framers of
the Constitution, after having limited the powers of Congress to certain precise and
specific objects, intended, by employing the words “dispose of,” to give that body
unlimited power over the vast public domain. It would be a strange anomaly
indeed, to have created two funds, the one by taxation, confined to the execution of
the enumerated powers delegated to Congress, and the other from the public lands,
applicable to all subjects, foreign and domestic, which Congress might designate.
That this fund should be “disposed of,” not to pay the debts of the United States,
HOMESTEAD ACTS. 343
nor “to raise and support armies,” nor “to provide and maintain a navy,” nor to ac-
complish any one of the other great objects enumerated in the Constitution, but be
diverted from them to pay the debts of the States, to educate their people, and to
carry into effect any other measure of their domestic policy—this would be to confer
upon Congress a vast and irresponsible authority, utterly at war with the well-known
jealousy of the Federal power which prevailed at the formation of the Constitution.
The natural intendment would be that, as the Constitution confined Congress to well-
defined specific powers, the funds placed at their command, whether in land or money,
should be appropriated to the performance of the duties corresponding with these pow-
ers. If not, a Government has been created, with all its other powers carefully lim-
ited, but without any limitation in respect to the public lands.
But I cannot so read the words “disposed of ’’ as to make them embrace the idea of
“giving away.” The true meaning of words is always to be ascertained by the sub-
ject to which they are applied, and the known general intent of the law-giver. Con-
gress is trustee under the Constitution for the people of the United States to “dispose
of” their public lands, and I think I may venture to assert with confidence that no
case can be found in which a trustee in the position of Congress has been authorized
to “dispose.of” property by its owner, where it has ever been held that these words au-
thorized such trustee to give away the fund intrusted to his care. No trustee, when
called upon to account for the disposition of the property placed under his manage-
ment before any judicial tribunal, would venture to present such a plea in his defense.
The true meaning of these words is clearly stated by Chief-Justice Taney in deliver-
ing the opinion of the court (19 Howard, p. 436). He says, in reference to this clause
of the Constitution, “It begins its enumeration of powers by that of disposing; in
other words, making sale of the lands, or raising money from them, which, as we have
already said, was the main object of the cession (from the States), and which is the
first thing provided for in the article.” It is unnecessary to refer to the history of the
times to establish the known fact that this statement of the Chief-Justice is perfectly
well founded. That it never was intended by the framers of the Constitution that
these lands should be given away by Congress is manifest from the concluding portion
of the same clause. By it, Congress has power not only “to dispose of" the territory
but of the “other property of the United States.” In the language of the Chief-
Justice (p. 437): “And the same power of making needful rules respecting the terri-
tory is in precisely the same language applied to the other property of the United
States, associating the power over the territory, in this respect, with the power over
movable or personal property—that is, the ships, arms, or munitions of war, which
then belonged in common to the State sovereignties.”
The question is still clearer in regard to the public lands in the States and Territo-
ries within the Louisiana and Florida purchases. These lands were paid for out of the
public Treasury from money raised by taxation. Now, if Congress had no power to
appropriate the money with which these lands were purchased, is it not clear that the
power over the Jands is equally limited? The mere conversion of this money into
land could not confer upon Congress new power over the disposition of land which
they had not possessed over money. If it could, then a trustee, by changing the
“character of the fund intrusted to his care for special objects from money into land,
might give the land away, or devote it to any purpose he thought proper, however
foreign from the trust. The inference is irresistible that this land partakes of the very
same character with the money paid for it, and can be devoted to no objects different
from those to which the money could have been devoted. If this were not the case,
then, by the purchase of a new Territory from a foreign government out of the public
Treasury, Congress could enlarge their own powers, and appropriate the proceeds of
the sales of the land thus purchased, at their own discretion, to other and far differ-
. . ent objects from what they could have applied the purchase money which had been
raised by taxation.
H. It will prove unequal and unjust in its operation among the actual settlers them-
Sei VeS.
The first settlers of a new country are a most meritorious class. They brave the dan-
gers of savage warfare, suffer the privations of a frontier life, and, with the hand of
toil, bring the wilderness into cultivation. The “old settlers,” as they are everywhere
called, are public benefactors. This class lave all paid for their lands the Govern-
ment price, or $1.25 per acre. They have constructed roads, established Schools, and
1aid the foundation of prosperous Commonwealths. Is it just, is it equal, that,
after they have accomplished all this by their labor, new settlers should come in among
them and receive their farms at the price of twenty-five or eighteen cents per acre 3
Surely the old settlers, as a class, are entitled to at least equal benefits with the new.
If you give the new settlers their lands for a comparatively nominal price, upon every
principle of equality and justice, you will be obliged to refund out of the common
Treasury the difference which the old have paid above the new settlers for their land.
III. This bill will do great injustice to the old soldiers who have received land war-
rants for their services in fighting the battles of their country. It will greatly reduce
344 HOMESTEAD ACTS. ©
the market value of these warrants. Already their value has sunk, for one-hundled-
and-sixty-acre warrants, to sixty-seven cents per acre, under an apprehension that
such a measure as this might become a law. What price would they command, when
any head of a family may take possession of a quarter-section of land, and not pay for it
until the end of five years, and then at the rate of only twenty-five cents per acre? The
magnitude of the interest to be affected will appear in the fact that there are outstand-
ing unsatisfied land warrants, reaching back to the last War with Great Britain, and
even Revolutionary times, amounting in round numbers, to Seven and a half million
3,OTéS. - -
IV. This bill will prove unequal and unjust in its operation, because from its na-
ture, it is confined to one class of our people. It is a boon expressly conferred upon
the cultivators of the soil. While it is cheerfully admitted that these are the most
numerous and useful class of our fellow-citizens, and eminently deserve all the advan.
tages which our laws have already extended to them, yet there should be no new
legislation which would operate to the injury or embarassment of the large body of
respectable artisans and laborers. The mechanic who emigrates to the West, and
pursues his calling, must labor long before he can purchase a quarter-section of land;
while the tiller of the soil who accompanies him obtains a farm at once by the bounty
of the Government. The numerous body of mechanics in our large cities cannot,
even by emigrating to the West, take advantage of the provisions of this bill without
entering upon a new occupation, for which their habits of life have rendered them unfit.
V. This bill is unjust to the old States of the Union in many respects; and among
these States, so far as the public lands are concerned, we may enumerate every State
east of the Mississippi, with the exception of Wisconsin and a portion of Minnesota.
It is a common belief, within their limits, that the older States of the confederacy
do not derive their proportionate benefit from the public lands. This is not a just
opinion. It is doubtful whether they could be rendered more beneficial to these States
under any other system than that which at present exists. Their proceeds go into
the common Treasury to accomplish the objects of the Government, and in this man-
ner all the States are benefited in just proportion. But to give this common inher-
itance away would deprive the old States of their just proportion of this revenue,
without holding out any, the least, corresponding advantage. While it is our com-
mon glory that the new States have become so prosperous and populous, there is no
good reason why the old States should offer premiums to their own citizens to emigrate
from them to the West. That land of promise presents in itself sufficient allure-
ments to our young and enterprising citizens, without any adventitious aid. The
offer of free farms would probably have a powerful effect in encouraging emigration,
especially from States like Illinois, Tennessee, and Kentucky, to the west of the Mis-
sissippi, and could not fail to reduce the price of property within their limits. An in-
dividual in States thus situated would not pay its fair value for land when, by cross-
ing the Mississippi, he could go upon the public lands, and obtain a farm almost with-
out money and without price.
VI. This bili will open one vast field for speculation. Men will not pay $1.25 for
lands when they can purchase them for one-fifth of that price. Large numbers of actual
settlers will be carried out by capitalists upon agreements to give them half of the land
for the improvement of the other half. This cannot be avoided. Secret agreements.
of this kind will be numerous. In the entry of graduated lands the experience of the
Land Office justifies this objection. -
VII. We ought ever to maintain the most perfect equality between native and nat-
uralized citizens. They are equal, and ought always to remain equal, before the laws.
Our laws welcome foreigners to our shores, and their rights will ever be respected.
While these are the sentiments on which I have acted through life, it is not, in my
opinion, expedient to proclaim to all the nations of the earth that whoever shall ar-
rive in this country from a foreign shore, and declare his intention to become a citi-
zen, shall receive a farm of 160 acres, at a cost of 25 or 20 cents per acre, if he will
only reside on it and cultivate it. The invitation extends to all; and if this bill be-
comes a law, we may have numerous actual settlers from China, and other Eastern
mations, enjoying its benefits on the great Pacific slope. The bill makes a distinction
in favor of such persons over native and naturalized citizens. When applied to such
citizens, it is confined to such as are the heads of families; but when applicable to
persons of foreign birth recently arrived on our shores, there is no such restriction.
Such persons need not be the heads of families, provided they have filed a declaration
of intention to become citizens. Perhaps this distinction was an inadvertence; but
it is, nevertheless, a part of the bill.
VIII. The bill creates an unjust distinction between persons claiming the benefit of
the pre-emption laws. While it reduces the price of the land to existing pre-emptors.
to 62% cents per acre, and gives them a credit on this sum for two years from the present
date, no matter how long they may have hitherto enjoyed the land, future pre-emptors
will be compelled to pay double this price per acre. There is no reason or justice in
this discrimination.
HOMESTEAD ACTS. 345
IX. The effect of this bill on the public revenue must be apparent to all. Should
it become a law, the reduction of the price of lands to actual settlers to 25 cents per
acre with a credit of five years, and the reduction of its price to existing pre-emptors.
to 623 cents per acre, with a credit of two years will so diminish the sale of other
public lands as to render the expectation of future revenue from that source beyond
the expenses of Survey and management illusory. The Secretary of the Interior esti-
mated the revenue from the public lands for the next fiscal year at $4,000,000 on the
presumption that the present land system would remain unchanged. Should this bill
become a law, he does not believe that $1,000,000 will be derived from this source.
This bill lays the ax at the root of our present admirable land system. The public
land is an inheritance of vast value to us and to our descendants. It is a resource to
which we can resort in the hour of difficulty and danger. It has been managed hereto-
fore with the greatest wisdom under existing laws. In this management the rights.
of actual settlers have been conciliated with the interests of the Government. The
price to all has been reduced from $2 per ăcre to $1.25 for fresh lands, and the claims
of actual settlers have been secured by our pre-emption laws. Any man can now ac-
quire a title in fee simple to a homestead of 80 acres, at the minimum price of $1.25 per
acre for $100. Should the present system remain, we shall derive a revenue from the
public lands of $10,000,000 per annum, when the bounty land warrants are satisfied,
without oppression to any human being. In the time of war, when all other sources.
of revenue are seriously impaired, this will remain intact. It may become the best
security for public loans hereafter, in times of difficulty and danger, as it has been
heretofore. Why should we impair or destroy this system at the present moment?
What necessity exists for it 3
The people of the United States have advanced with steady but rapid strides to
their present condition of power and prosperity. They have been guided in their prog-
ress by the fixed principle of protecting the equal rights of all, whether they be rich
or poor. No agrarian sentiment has ever prevailed among them. The honest poor
man, by frugality and industry can, in any part of our country, acquire a competence
for himself and his family, and in doing this he feels that he eats the bread of inde-
pendence. He desires no charity, either from the Government or from his neighbors.
This bill, which proposes to give him land at an almost nominal price, out of the
property of the Government, will go far to demoralize the people, and repress this noble
Spirit of independence. It may introduce among us those pernicious social theories.
which have proved so disastrous in other countries.
JAMES BUCHANAN.
WASHINGTON, June 22, 1860.
In the Senate the question, Shall this bill pass notwithstanding the objections of
the President ? was lost :
YEAS—Messrs. Anthony, Brown, Chandler, Clark, Doolittle, Durkee, Fessenden,
Fitch, Foot, Foster, Gwin, Hale, Hamlin, Harlan, King, Lane, Latham, Nicholson,
§: Pugh, Rice, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, and
ilson—28.
NAYS-Messrs. Bragg, Chesnut, Crittenden, Davis, Fitzpatrick, Green, Hemphill,
Hunter, Iverson, Jolinson (Tenn.), Johnson (Ark.), Mallory, Mason, Pearce, Powell,
Sebastian, Wigfall, Yulee—18. *
So the bill failed, not having received the requisite two-thirds vote necessary to pass.
it over the Executive veto.
IN CONGRESS, JULY 8, 1861.
During the first session of the Thirty-seventh Congress, on July 8, 1861, Mr. Aldrich,
by unanimous consent, introduced a bill to secure homesteads to actual settlers upon.
the public domain ; which was read a first and second time and referred to the Com-
mittee on Agriculture. -
December 4, 1861, Mr. Lovejoy, chairman of the Committee on Agriculture, reported.
back bill of Mr. Aldrich and moved the previous question. Mr. Wallandigham desired
Mr. Lovejoy to withdraw his call for the previous question. Mr. Lovejoy refused.
Mr. Wallandigham then called for a division. The call for the previous question was.
Seconded—ayes 55, noes 38. Mr. Wallandigham demanded the yeas and nays on order-
ing the main question to be put. The yeas and nays were ordered. The question
was taken, and decided in the negative—yeas 58, nays 69—as follows:
YEAs—Messrs. Aldrich, Arnold, Babbitt, Baker, Baxter, Beaman, Bingham, Jacob
P. Blair, Samuel S. Blair, Blake, Buffington, Burnham, Chamberlin, Clark, Colfax,
Ered. A. Conkling, Conway, Davis, Delano, Diver, Duell, Edgerton, Fenton, Fessen-
346 HOMESTEAD ACTS.
Jen, Franchot, Hanchett, Hickman, Hooper, Loomis, Lovejoy, McPherson, Marston,
Mitchell, Moorhead, Ansón P. Morrill, Batton, T. G. Phelps, Pike, Alex. H. Rice, Jno.
H. Rice, Sargeant, Sedgewick, Sheffield, Sherman, Sloan, Spaulding, Stevens, Trow-
lºridge, Upton, Vandeyer, Van Horn, Van Valkenburg, Van Wyck, Wallace, Chas.
W. Walton, Wheeler, Albert S. White, and Wright—58.
NAYS-Messrs. Allen, Alley, Ancona, Ashley, Biddle, Campbell, Cobb, Roscoe Conk-
łing, Corning, Cox, Cravers, Crisfield, Daws, Dunlap, Dunn, Edwards, Elliot, English,
Gooch, Goodwin, Granger, Harding, Harrison, Holman, Horton, Hutchins, Julian, Kel-
ley, Wm. Kellogg, Law, Lazear, Leary, Lehman, McKnight, Maynard, Menzies, Justin
S. Morrill, Morris, Nixon, Noble, Noell, Norton, Odell, Olin, Perry, Potter, Richardson,
Riddle, Robinson, Edward H. Rollins, Shellabarger, Shiel, Smith, Jno. B. Steel, Wm.
G. Steel, Stratton, Benj. F. Thomas, Francis Thomas, Train, Trimble, Wallandigham,
Wºwº, Wall, E. P. Walton, Washburne, Chilton A. White, Woodruff, and Wor-
CeSter—69. -
Mr. Potter moved that the bill be referred to the Committee on Public Lands; Mr.
Wallandigham demanded the previous question. The bill was referred—ayes 91, noes
not counted. ..
February 22, 1862, the Speaker announced that the homestead bill was made a
special order, and that Mr. Holman, of Indiana, was entitled to the floor. Mr. Holman
moved to postpone consideration of the bill until the following day, which was
agreed to.
On February 28 the Speaker announced that the regular order of business was the
consideration of the bill (H. R. No. 125) to secure homesteads to actual settlers on the
public domain, reported from the Committee on Public Lands, the pending question
being the motion to recommit the bill with instructions to strike out the eighth sec-
tion and insert the following:
And be it further enacted, That the provisions of an act entitled “An act in addi-
tion to certain acts granting bounty land to certain -officers and soldiers who have
been engaged in the military service of the United States,” approved March 3, 1855,
shall extend to and be constructed to embrace the officers, soldiers, and seamen who
have been engaged in the military or naval service of the United States since the 12th
of April, 1861, or who shall be engaged in such service during the present war: Pro-
vided, however, That no officer, soldier, or seaman shall be entitled to the benefit of
said act unless he shall have been engaged in the service aforesaid for a period of not
less than sixty days, or been honorably discharged on account of wounds received or
sickness incurred while in the line of his duty in such service: Provided, That the
widows and children of officers, soldiers, and seamen who shall die from wounds
received or sickness incurred while in the service of the United States, as aforesaid,
shall be entitled to the benefits of said act.
It was further provided that the act, except the above section, should not go into
operation for the period of one year after the close of the war of the rebellion.
Mr. Potter moved to strike out the words in the first section, “passage of this act,”
and in lieu thereof to insert “1st January, 1863,” so that it should read—
That any person who is the head of a family, or who has arrived at the age of twenty-
one years, and is a citizen of the United States, or who shall have filed his declaration
of intention to become such, as required by the naturalization laws of the United
States, shall, from and after the 1st of January, 1863, be entitled to enter, free of cost, one
hundred and sixty acres of unappropriated public lands, upon which said person may
have filed a pre-emption claim, or which may, at the time the application is made, be
subject to pre-emption at $1.25 or less, &c.
This amendment was agreed to, and Mr. Potter demanded the previous question on
the passage of the bill. Mr. Washburne demanded the yeas and nays; upon whicl the
question, being taken, was decided in the affirmative—yeas 107, nays 16, as follows:
YEAS—Messrs. Aldrich, Alley, Arnold, Ashley, Baker, Baxter, Bingham, Samuel S.
Blair, Blake, Buffington, Campbell, Chamberlin, Clark, Clements, Cobb, Colfax, Fred.
A. Conkling, Roscoe Conkling, Conway, Covode, Cox, Cravens, Cutler, Davis, Dawes,
. Delano, Diven, Duell, Dunn, Edgerton, Edwards, Eliot, Ely, Fessenden, Frank, Good-
win, Granger, Gurley, Haight, Hale, Hanchett, Harrison, Holman, Hooper, Horton,
Hutchins, Julian, Kelley, Francis W. Kellogg, William Kellogg, Knapp, Lansing, Law,
Lazear, Lovejoy, McKnight, McPherson, Mitchell, Moorhead, Anson P. Morrill, Justin
S. Morrill, Nixon, Nugen, Olin, Patton, Pendleton, Perry, Timothy G. Phelps, Pike,
Pomeroy, Porter, Potter, Alexander H. Rice, John H. Rice, Richardson, Riddle, Robin-
son, Edward H. Rollins, Sargeant, Sedgewick, Shanks, Sheffield, Sloan, John B. Steele,
:Stevens, Stratton, Benjamin F. Thomas, Train, Trimble, Trowbridge, Wallandigham,
Van Walkenburg, Van Wyck, Werree, Woorhees, Wallace, E. P. Walton, Ward, Wash-
HOMESTEAD ACTS. 347
burne, Whaley, Albert S. White, Wilson, Windom, Woodruff, Worcester, and Wright—
107.
NAYs—Messrs. Joseph Bailey, Jacob P. Blair, George H. Brown, Wm. G. Brown,
Corning, Crittenden, Dunlap, Grider, Harding, Mallory, Maynard, Menzies, Norton,
Shiel, Wibbard, and Wickliffe—16. -
• And so the bill passed.
In the Senate, March 25, 1862, Mr. Harlan, of the Committee on Public Lands, to
whom was referred bill H. R. No. 125, known as the homestead bill, reported it with
amendments. On April 30 Senator Wade moved to take it up, and the motion was
agreed to; but Senator Harlan, of Iowa, being absent, Senator Wade suggested that
the bill be laid over until Senator IIarlan was present. It was so ordered. On the
2d of May Senator Wade again moved the consideration of the homestead bill, and
the motion being agreed to, the amendments offered by the committee were then
agreed to. Whereupon Senator Carlisle, of Virginia, offered a substitute for the
whole bill (see Congressional Globe, Part 2, 2d session, 37th Congress, page 1915).
On motion of Senator Pomeroy, the bill was made a special order for the succeeding
Monday, and on May 5, the Senate, as in Committee of the Whole, resumed consider-
ation of it, Mr. Pomeroy speaking on the bill until it was set aside by the special
order of the day, namely, the confiscation bill. Consideration of the homestead bill
was resumed on the following day, and Mr. Carlisle, of Virginia, offered a substitute
for the whole bill. The question being taken by yeas and nays resulted—yeas 11,
nays 28, as follows: *
YEAS–Messrs. Carlisle, Davis, Henderson, Kennedy, McDougal, Powell, Saulsbury,
Stark, Willey, Wilson of Missouri, and Wright—11.
NAYS—Messrs. Anthony, Bayard, Browning, Chandler, Clark, Collamer, Cowan,
Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Harris, King, Lane of In-
diana, Lane of Kansas, Morrill, Pomeroy, Sherman, Simmons, Sumner, Ten Eyck,
Trumbull, Wade, Wilkinson, and Wilson—28.
So Senator Carlisle's substitute was rejected. -
The bill was then reported to the Senate as amended, and the amendments of the
committee were concurred in. Mr. Powell called for the yeas and nays, with the fol-
lowing result—yeas 33, nays 7.
YEAS–Messrs. Anthony, Browning, Chandler, Clark, Collamer, Cowan, Dixon,
Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Harris, Henderson, Howe, Ken-
nedy, King, Lane of Indiana, Lane of Kansas, McDougal, Morrill, Pomeroy, Sher-
man, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Wilson of Massa-
chusetts, Wilson of Missouri, and Wright—33. -
NAYS-Messrs. Bayard, Carlisle, Davis, Powell, Saulsbury, Stark, and Willey—7.
And so the bill was passed.
On May 12, a message was received from the House of Representatives disagreeing
with the amendments of the Senate. The Senate insisted on its amendments and ap-
pointed Messrs. Harlan, Clark, and Wright as a Committee of Conference to meet a
similar committee from the House of Representatives, consisting of Messrs. John F.
Potter, of Wisconsin, Aldrich, of Minnesota, and Edwin H. Webster, of Indiana.
On May 15, Senator Harlan, from the committee on the disagreeing votes of the two
houses on the homestead bill, reported that the committee had agreed, the House of
Representatives having receded from all of its disagreements except one changing the
word “entry” to “land ” in one of the sections. The following day a message from the
House announced that it had agreed to the report of the committee of conference, and
on the 19th another message announced that the Speaker had signed the homestead
bill; which thereupon received the signature of the President of the Senate pro tempore.
Finally, on May 27, a message from the President of the United States, Abraham
Lincoln, announced that he had, on the 20th of May, 1862, approved and signed “An
act (H. R. No. 125) to secure homesteads to actual settlers on the public domain.”
The act approved is as follows: + *
AN ACT to secure homesteads to actual settlers on the public domain.
Be it enacted by the Senate and House of Representatives of the United States of America
én Congress assembled, That any person who is the head of a family, or who has arrived
348 HOMESTEAD ACTS
^.
at the age of twenty-one years, and is a citizen of the United States, or who shall
have filed his declaration of intention to become such, as required by the naturaliza-
tion laws of the United States, and who has never borne arms against the United
States Government or given aid and comfort to its enemies, shall, from and after the
first January, eighteen hundred and sixty-three, be entitled to enter one quarter-sec-
tion or a less quantity of unappropriated public lands, upon which said person may
have filed a pre-emption claim, or which may, at the time the application is made,
be subject to pre-emption at one dollar and twenty-five cents, or less, per acre; or
eighty acres or less of such unappropriated lands, at two dollars and fifty cents per
acre, to be located in a body, in conformity to the legal subdivisions of the public
lands, and after the same shall have been surveyed: Provided, That any person own-
ing or residing on land may, under the provisions of this act, enter other land lying
contiguous to his or her said land, which shall not, with the land so already owned
and occupied, exceed in the aggregate one hundred and sixty acres.
SEC. 2. And be it further enacted, That the person applying for the benefit of this act
shall, upon application to the register of the land office in which he or she is about to
make such entry, make affidavit before the said register or receiver that he or she is
the head of a family, or is twenty-one or more years of age, or shall have performed
service in the Army or Navy of the United States, and that he has never borne arms
against the Government of the United States or given aid and comfort to its enemies,
and that such application is made for his or her exclusive use and benefit, and that
said entry is made for the purpose of actual settlement and cultivation, and not, either
directly or indirectly, for the use or benefit of any other person or persons whomso-
ever; and upon filing the said affidavit with the register or receiver, and on pay-
ment of ten dollars, he or she shall thereupon be permitted to enter the quantity of
land specified: Provided, however, That no certificate shall be given or patent issued
therefor until the expiration of five years from the date of such entry; and if, at
the expiration of such time, or at any time within two years thereafter, the person
making such entry—or if he be dead, his widow; or in case of her death, his heirs or
devisee; or in case of a widow making such entry, her heirs or devisee, in case of
her death—shall prove by two credible witnesses that he, she, or they have resided
upon or cultivated the same for the term of five years immediately succeeding the
time of filing the affidavit aforesaid, and shall make affidavit that no part of said land
has been alienated, and that he has borne true allegiance to the Government of the
United States; then, in such case, he, she, or they, if at that time a citizen of the
United States, shall be entitled to a patent, as in other cases provided for by law : And
provided, further, That in case of the death of both father and mother, leaving an in-
fant child or children under twenty-one years of age, the right and fee shall inure to
the benefit of said infant child or children; and the executor, administrator, or guar-
dian may, at any time within two years after the death of the surviving parent, and
in accordance with the laws of the State in which such children for the time being
have their domicil, sell said land for the benefit of said infants, but for no other pur-
pose; and the purchaser shall acquire the absolute title by the purchase, and be enti-
tled to a patent from the United States, on payment of the office fees and sum of
money herein specified.
SEC. 3. And be it further enacted, That the register of the land office shall note all
such applications on the tract books and plats of his office, and keep a register of all
Such entries, and make return thereof to the General Land Office, together with the
proof upon which they have been founded.
SEC. 4. And be it further enacted, That no lands acquired under the provisions of this
act shall in any event become liable to the satisfaction of any debt or debts contracted
prior to the issuing of the patent therefor.
SEC. 5. And be it further enacted, That if, at any time after the filing of the affidavit,
as required in the second section of this act, and before the expiration of the five years
aforesaid, it shall be proven, after due notice to the settler, to the satisfaction of the
register of the land office, that the person having filed such affidavit shall have actu-
ally changed his or her residence, or abandoned the said land for more than six months
at any time, then and in that event the land so entered shall revert to the Govern-
ment.
SEC. 6. And be it further enacted, That no individual shall be permitted to acquire
title to more than one quarter-section under the provisions of this act ; and that the
Commissioner of the General Land Office is hereby required to prepare and issue such
rules and regulations, consistent with this act, as shall be necessary and proper to
carry its provisions into effect, and that the registers and receivers of the several land
offices shall be entitled to receive the same compensation for any lands entered under
the provisions of this act that they are now entitled to receive when the same quantity
of land is entered with money, one-half to be paid by the person making the appli-
cation at the time of so doing, and the other half on the issue of the certificate by the
person, to whom it may be issued; but this shall not be construed to enlarge the max-
imum of compensation now prescribed by law for any register or receiver: Provided,
HOMESTEAD ACTS. 349
That nothing contained in this act shall be so construed as to impair or interfere in
any manner whatever with existing pre-emption rights: And provided, further, That
all persons who may have filed their applications for a pre-emption right prior to the
passage of this act shall be entitled to all privileges of this act: Provided further, That
no person who has served, or may hereafter serve, for a period of not less than four-
teen days in the Army or Navy of the United States, either regular or volunteer, under
the laws thereof, during the existence of an actual war, domestic or foreign, shall be
deprived of the benefits of this act on account of not having attained the age of twen-
ty-one years.
SEC. 7. And be it further enacted, That the fifth section of the act entitled “An act in
addition to an act more effectually to provide for the punishment of certain crimes
against the United States, and for other purposes,” approved the third of March, in
the year eighteen hundred and fifty-seven, shall extend to all oaths, affirmations, and
affidavits required or authorized by this act.
SEC. 8. And be it further enacted, That nothing in this act shall be so construed as to
prevent any person who has availed him or herself of the benefits of the first section
of this act from paying the minimum price, or the price to which the same may have
graduated, for the quantity of land so entered at any time before the expiration of
the five years, and obtaining a patent therefor from the Government, as in other cases
provided by law, on making proof of settlement and cultivation as provided by exist-
ing laws granting pre-emption right. - -
PRESIDENT JOHNSON'S OPINION.
President J ohnson, one of the original promoters of the homestead act, in his annual
message for 1865, says of the act, after calling attention to its successful operation:
The homestead policy was established only after long and earnest resistance. Ex-
perience proves its wisdom. The lands in the hands of industrious settlers, whose
labor creates wealth and contributes to the public resources, are worth more to the
United States than if they had been reserved as a solitude for future purchasers.
EIOMESTEAD ACT AND AMENDMENTS.
This original homestead act has been amended several times. (See R. S., sections
2289—2317, inclusive, and session laws of Congress since 1878, for additions.)
The principal amendments were in the nature of extension of its privileges, and the
limit of 80 acres of land of the double minimum class, $2.50 per acre, within certain
road limits, has since been done away with by acts of March 3, 1879, July 1, 1879, and
June 15, 1880; there now being but one class of agricultural lands, so far as regards
the minimum quantity in homestead entries.
The act of June 8, 1872, was known as the soldiers' and sailors' homestead act. It
gave honorably discharged soldiers and sailors from the Army and Navy of the United
States lands under the homestead act in any locality, and deducted from the five
years' residence which was required to make title their term of service in the Army
and Navy during the war of the Rebellion. One year's residence and cultivation,
however, were necessary, and they have six months from the filing of application to
make entry and commence settlement and improvement, and actual service in the
Army or Navy is an equivalent to residence under certain conditions.
The soldiers' additional homestead provision was to give those soldiers who had
had the benefit of the homestead act, to the extent of a quantity under 160 acres, an
additional amount, so as to make their allowance 160 acres. The act of March 3, 1875,
gave homesteads and patents for the same to certain Indians. (See chapter XVI,
on “Indian Reservations,” as to Indian homesteads.) ' -
By act of March 3, 1879, additional rights were given to homestead settlers on the
public lands within railroad limits, and an act of the same tenor for the States of Mis-
souri and Arkansas was passed July 1, 1879. -
Special acts have frequently been passed favoring localities where crops have been
destroyed by drought or insects, and the time of settlers has been extended.
In making final proof of homestead entry, or in commuting under the eighth sec-
tion of the homestead act (section 2301, R. S.), upon lands situate in recognized min-
eral districts, a non-mineral affidavit, showing that there is no known minenal on the
tract to be entered, is required of all claimants.
350 HOMESTEAD ACTS.
©
THE ESSENCE OF THE HOMESTEAD LAW AND ITS BENEFITS.
The essence of the homestead law and the amendments is embodied in the conditions
of actual settlement, dwelling on, and cultivation of the soil embraced in an entry.
It gives for a nominal fee, equal to $34 on the Pacific coast and $26 in the other States,
to a settler—a man or woman over the age of twenty-one years, head of a family, or
a single person above the age of twenty-one years, a citizen of the United States or
having declared an intention of becoming such—the right to locate upon 160 acres of
unoccupied public land in any of the public-land States and Territories subject to
entry at a United States land office, to live upon the same for a period of five years,
and, upon proof of a compliance with the law, to receive a patent therefor free of cost
or charge for the land. Full citizenship is requisite to obtain final title.
The present homestead law contains all of the beneficial features of the pre-emption
act with the additions suggested by experience and the changed condition of national
life. The eighth section of the act contains the substance of the pre-emption act in
the matter of purchase. If the locator desires to buy his homestead outright at the
end of six months, he can, upon due proof, pay for his land at $1.25 or $2.50 per acre, as
the case may be, which is called commutation of a homestead. It contains one ſea-
ture as broad in its terms and as beneficial in its principle as the domain it covers. It
is as follows:
No lands acquired under the provisions of this act shall, in any event, become liable
to the satisfaction of any debt or debts contracted prior to the issuing of the patent
therefor.- -
t The homestead act is now the approved and preferred method of acquiring title to
the public lands. It has stood the test of eighteen years, and was the outgrowth of
a system extending through nearly eighty years, and now, within the circle of a hun-
dred yéars since the United States acquired the first of her pnblic lands, the home-
stead act stands as the concentrated wisdom of legislation for settlement of the public
lands. It protects the Government, it fills the States with homes, it builds up com-
munities, and lessens the chances of social and civil disorder by giving ownership of
the soil, in small tracts, to the occupants thereof. It was copied from no othernation's
system. It was originally and distinctively American, and remains a monument to its
originators. -
FINAL ENTRIES AND CASH COMMUTATIONS.
The total number of entries under this act from May, 1862, to June 30, 1880, was
469,782; the area embraced therein was 55,667,044.95 acres. The final entries during
the same period, for which patents have been issued, were 162,237; the area embraced
therein being 19,265,337.06 acres.
Under the eighth section of the cash or commutation clause, a homestead settler can
at the end of six months, upon proof of settlement and improvements, make cash pay-
ments, at the legal rate, but not more than four per cent. of the homestead settlers.
have made use of this privilege. They prefer to live upon their land the prescribed
five years. -
Commutations of homesteads are reported as part of the “Öash” sales of each year's.
business, and therefore cannot be stated. -
EIOMESTEAD ACTS.
351
we
Numler and area of entries under the homestead act, by States and Territories, from May 20,
1862, to June 30, 1880.

1863. 1864.
States and Terri- Homesteads. Final homesteads. Homesteads. Final homesteads.
tories.
ad ad a; a;
.3 a; ..? ad .3 a; .3 a;
H Cº) $–: q) º q} H ©
E 5 3 5 E 5 3 §
º <! º <d 53. <! ſº <!
Alabama- - - - ------|--------|------------|--------|------------|--------|------------|--------|------------
Arkansas ----------|--------|---- : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - tº
Arizona -----------|--------|------------|--------|------------|--------|-------* - - - - - I - - - - - - - - I - - - - - - - - - - - s
California. --------- 343 52,289.67 --------|------------ 494 || 75,919. 41 ||--------|----------- *.
Colorado ----------|--------|-----------|--------|------------ 304 || 45, 306. 90 ||---...-- |.----. ----- ſº,
Dakota. --...--- ---. 75 | 11,829. 23 ||--------|------------ 111 17, 669. 15 |--------|----------- Eºs
Florida.------------|--------|------------|-------|------------|--------|-----------|--------|------------
Indiana ------------|--------|------------|--------|------------|--------|------------|--------|----------- tºs
Illinois------------. 3 118. 16 ||--------|------------|- s & s : * * * * * * * * g e º ºn sº as tº a tº º is e i s s as ºs ºs s as sº tº as tº &n.
Iowa. -------------. 184 18,978. 31 ||--------|------------ 284 29,540. 82 |--------|------------
Idaho.-------------|--------|------------|--------|------------|--------|------------|--------|------------.
Kansas... --. ---...---- 1, 149 || 173, 725.70 |. -------|------------ 678 96,258.65 |- - - - - - --|- - - - - - - - - - - tº ,
Louisiana. ---------|--------|------------|--------|--------------------|------------|--------|-----------
Missouri----------. 20 1,400.00 - - - - - - - - - - - - - - - - - - - 216 22, 408. 96 |... . . . . . . . . . . g = * * * * * &
Michigan. ------. -- | 1, 531 195,939. 66 ||--------|------------ 1, 572 | 207, 879, 33 - - - - - - - - - - - - - - - - - - - -
Minnesota. . . . . . . . . . 2, 299 || 277, 526.45 ||--------|------------ 3, 258 428,487.79 - - - - - - --|----------. &
Mississippi. --------|--------|------------|--------|------------|-------|------------|--------|----------- &
Montana. ----------|--------|- * * * * * * * * * * * | * * * * * * * = | s as as sº e º s = s. s sº e l = * * * = * * * | * * * * * * * * * * * * : * * * * * * * * * * * * * * * * * * * * &.
Nevada ------------|--------|------------|--------|------------ 43 6,452.07 --------|----------- tº
New Mexico. ------|--------|------------|--------|------------|--------|--------------------|----------- ſº,
Nebraska. . . . . . . . . . . 349 || 50, 775. 13 |- - - - - - - - - - - - - - - - - - - - 769 || 114,649. 10 ||--------|----------- *.
Ohio --------------- 52 3,649.27 --------|-----------. 6 443. 55 |--------|------------
Oregon. -----------. 200 28,813. 54 ||--------|-----------. 144 21,092. 13 ||-------.]----------- tº
Utah. --------------|--------|------------|--------|-------------------|------------|--------|------------
Washington........ 341 53, 183, 55 |- - - - - - - - - - - - - - - - - - - - 447 | 69,998. 67 |- - - - - - - - - - - - - - - - - - - £º-
Wisconsin . --. 1, 677 | 164,643.07 ---...--|-- - - - - - - - - - - 1,079 111,058.23 --------|------------
Wyoming----------|--------|------------|--------|------------|--------|------------|--------|------------
Total.----- •----| 8,223 |1,032,871.74 ||--------|-----------. 9, 405 |1,247,170.76 ||----...--|----------- &
1865. 1866.
States and Terri- Homesteads. Final homesteads. Homesteads. Final homesteads.
tories.
§ a; § ad § a. § *
3 g # 3. # § # £
g: © g: © E. © g: º
º <! º <! ſº <! ſº <!
Alabama-----------|--------|--------------------|------------ 4 634.22 |-------- * * * * * * * * * * * *.
Arkansas----------|--------|------------|--------------------|--------|------------|-------|-----------.
Arizona------------|--------|--------------------|--------------------|------------|--------|----------- **,
California. .... ----- 279 || 41,823.49 |- - - - - - - - - - - - - - - - - - - - 449 || 65,231. 14 ||--------|------------
Colorado. --...----- 157 | 24, 284. 71 |--------|------------ 208 || 31, 259. 14 |- - - - - - -, ----------- $ºs
Dakota.------------ 64 || 10, 107.55 |- - - . . . . .2 - - - - - - - - - - - - 154 || 23, 676.34 - - - - ----|------------
orida.------------|--------|------------|--------|------------|--------|------------|--------|----------- &
Indiana-----------|--------|------------|--------|------------|--------|------------|--------|----------- **
inois.-----------. 2 74.25 -------------------- 2 79.62 |--------|------------
Iowa--------------. 578 || 64, 540.86 |..... --.]............ 995 || 106,355.85 |. -------|- - - - - - - - - - - -
Idaho--------------|--------|------------|--------|------------|--------|------------|--------|----------- *s
Ransas.------------ 383 51,544. 76 |--------|-----------. 1, 212 || 146,917.01 |. - - - - - - - - - - - - - - - - - - tº.
Louisiana.---------|--------|--- s sº sº sº tº e s as & 1 - - - - - - - - - - - - - - - - - - - - I - - - - - - - - I - - - - - - - - - - - - I - - - - - * * * * * * * * * * * * * * * *_
Missouri...... --... 786 | 66, 498.87 ||---. - - - - - - - - - - - - - - -. 3, 193 || 315, 363. 80 - - - - - - --|------------
Michigan.-------...- 741 94, 659. 03 - - - - - - - - - - - - - - - - - - - - 2, 133 || 263,597.23 - - - - - - --|-- - - - - - - - - - -
Minnesota...... ---. 3,972 531,707. 89 |........|......... --. 3,789 || 497,379. 77 - - - - - - - - - - - - - - - - - - - -.
Mississippi.--------|--------|------------|--------|------------|--------|------------|-------|----------- §s
Montana. ----------|--------|------------|--------|--------------------------- ---. I.------|------------
Nevada . . . . . . . . . ... 1 40.00 |... . . . . . tº gº • * * * * * * * * * 1 80.00 l. ------ l- - - - - - - - - - - *.
New Mexico.------|--------|------------|--------|--------------------|------ e - - - - - I - - - - - - - I - * * * * * * * * * * *
Nebraska --...----. 812 | 114,875. 28 ||---...----|------------ 1,456 | 203,980. 71 |- - - - - - - -]----------- *s
hio --------------- 78.91'ſ--------|------------ 15 883. 39 I--------|------------
§ On. - - - - - - - - - - - - 203 || 30,051. 67 |- - - - - - - - - - - - - - - - - - - - 482 | 70,972.09 --------|----------- ©s
*h --------------|--------|--- - - - - - - - - - - - - - - - - - - - - - - - - -----|- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Washington & a tº dº º is nº e 211 || 33,227. 16 ||--------|-- - - - - - - - - - - 208 || 32, 549.79 |- - - - - - - - - - - - - - - - - - *-
Wisconsin....... --. 733 77,929.94 | . . . . . . . . . . . . . . . -- - - - 1,054 || 131,887. 48 |. -------|----------- &
yoming----------|--------|------------|-------|------------|------- • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Total.---------- 8,924 |1,141,443.37 ---...----|------------ 15, 355 1,890,847.58 || --.....}.......... $º º
HOMESTEAD ACTS.
Number and area of entries under the homestead act, &c.—Continued.
1867. 1868.
States and Terri- Homesteads. * Final homesteads. Homesteads. Final homesteads.
ries.
a; a; ad td
.9 o, .3 ad .3 ad .S3 a;
g g # g 5 g g g
º: © g: C g: º g: Q)
R <! 53 <! º <! º <!
4labama----------- 616 || 47,224.87 --------|------------ 1,646 | 124,085. 15 --------|-- - - - - - - - - - -
Arkansas ---------- 835 | 50,418.72 |.... ---. -----------. 2,830 | 183,232.36 |....................
Arizona--------------------|------------|--------|--------------------|--------------------|-----------.
California.------- 310 || 44, 260.65 |.... ----|- - - - - - - - - - -. 527 | 75,674.67 79 12,285. 55
‘Colorado ----------. 129 | 18, 315. 86 |--------|------------ 59 5,915. 14 |--------|------------
Dakota E * * * * * * * * *s a º ºs 187 | 29, 545. 10 ||--------|---------... 614 || 06, 869. 14 29 4,602.36
Florida. ----------- 1, 505 | 111, 878. 15 |..... --. ...... -----. 1, 781 | 115,935.81 |- - - - - - - -|-----------.
*ndiana------------|--------|------------|--------|------------|--------|------------|--------|------------
Allinois---------------------|------------|--------|------------|--------|------------|--------|------------
Iowa--------------- 733 || 67, 710. 96 |........]. ---------.. 744 || 71, 148.30 80 8, 107. 12
Tdaho--------------|--------------------|--------|------------ 44 6, 187.37 --------|------------
Kansas tº we º sº tº sº º sº tº sº e g is 1, 326 155, 105, 37 - - - - - - - - - - - - - - - - - - - - 1,496 | 166,214. 37 456 68,602, 51
Louisiana ---------. 259 | 20, 164.63 |--------|------------|--|-- * * * * * | * * * * * * * * * * * * | . * * * * * * = i e s as a sm is a s = e º e
Missouri----------- 2,048 || 219,408.63 |- - - - - - - - - - - - - - - - - - - - 2,511 || 237, 965. 78 |- - - - - - - - - - - - - - - - - -** *
Michigan * * * * * * * * * = 1,687 203,901.96 |........]. - - - - - - - - - - - 1, 869 205, 438. 65 485 61, 402.42
Minnesota --------- 2,985 || 363, 934. 78 ||---...--...----------. 2,946 || 358,241.78 913 || 113,800. 16
Mississippi......... 555 || 31, 427.75 |- - - - - - - - - - - - - - - - - - - - 1, 602 || 102,824.45 - - - - - - - -|------------
*ontana-------------------|------------|--------|------------|--------|------------|--------|------------
Nevada ... -------... 5 440.00 |. -------|------------ 11 1, 348.15 --------|------------
New Mexico . . . . . . . . . . . . . . . * * * * * * * * * * * * : * * s is s e º a sº sº, sº as sº as s m = m. m. º. I s = e s ‘s s = • H = * * * * * * * * * * * } = s. m. s = • k = | s as a s = e = * = as ºr se
Nebraska.......... 1,628 225,856. 74 |..... ---|-- - - - - - - - - - - 2, 844 || 325,459. 52 139 20, 536. 27
*Ohio --------------. 3 315.00 l.-------|------------ 447. 45 3 200, 00
ºn * * * * * * * * * * * * * 490 | 72,424. 12 |- - - - - - - - - - - - - - -----. 549 || 78, 393.83 17 4,068. 22
* - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------ --------|------------
Washington.--..... 199 || 30, 213.83 |- - - - - - - -|- - - - - - -...--. 171 26, 222.00 59 9, 270.37
Wisconsin - - - - - - - - - 1, 457 || 141, 965.70 |........|....... ----. 1,495 || 150, 547. 26 512 52,211.06
Wyoming------------------|------------|--------|------------|--------|------------|--------|------------
Total.---------. 16, 957 1,834,512.82 |. -------|------...--. 23, 746 |2,332,151.18 2,772 || 355,086. 04
1869. 1870.
States and Terri- Homesteads. Final homesteads. Homesteads. Final homesteads.
tories.
ai º a; tº
..Sº ad .3 o, .# o: .# o,
.5 § 5 ? +: £ 3 §:
g: º gº © º: Q} g: Ç
º <! Ér. <! ſº <! ſº <!
Alabama----------. 2, 192 | 200, 004. 44 |- : - - - - - - - - - - - - - - - - - - 2, 565 243,833. 26 ||--------|------------
Arkansas ---------. 2, 214 | 196, 418.86 ||--------|------------ 4, 596 || 431,797. 51 |. -------|------------
Arizona------------|--------------------|--------|--------------------|------------|--------|------------
‘California- - - - - - - - - - 446 || 59,666. 26 246 38, 569.77 495 67,694. 31 171 26, 231.86
‘Colorado----------. 70 6, 609. 49 57 8,837.48 616 | 68,906. 59 77 11, 669, 12
Dakota ------------ 523 67,978.86 28 4, 391.95 576 90, 546.76 20 3, 200.00
Florida. ------------ 744 || 75, 269.47 |- - - - - - - - - - - - - - - - - - - - 678 || 69,778. 10 ||--------|------------
Indiana-----------. 2 120.00 -------|------------|--------|------------|--------|------------
Illinois ------------|--------|------------|--------|--------------------|------------ 78. 16
Iowa. -----.........] 1, 770 | 163,782. 26 115 12,765. 19 || 2,049 | 189,822. 70 248 29, 652. 12
Idaho-------------. 53 || 7, 171.52 --------|------------ 5 7, 207. 15 ||-------. * * * * * * * *
Ransas ------------ 1,900 225, 518.41 393 || 48, 571. 19 5,024 646, 609.96 252 37, 143.63
Louisiana.--------. - 582 | 63,003. 21 |. . . . . . . . ... - - - - - - - - - 7 90, 101.50 - - - - - - - - - - - - - - - - - -
Missouri. ---------- 2, 675 257,738.49 21 1, 974, 38 3,786 402, 269. 90 166 13, 743.67
Michigan ---------- 1, 525 154, 824.03 617 | 78,139.18 1, 163 | 120,825.35 351 43,081.96
Minnesota. --------. 3,389 365, 660.99 || 1, 344 164, 843.73 3,025 334,792.78 1,603 || 212,387. 78
Mississippi - - - - - - - - 935 | 78, 809. 51 |........|------...... 1, 109 || 100, 806. 53 - - - - - - - - - - - - - - - - - - -
Montana- - - - - - - - - - - 48 7,624.78 |--------|------------ 213 | 33,458. 79 |--------|------------
Nevada ------------ 16 2, 380.01 |. --.....]. ----------- 53 | 8, 161.96 10 1,440.00
New Mexico -------|--------|------------|--------|------------ 10 1, 578. 23 ||--------|------------
Nebraska ---------. 3, 596 || 376, 860. 42 277 || 41, 687.92 || 4, 583 509,062. 71 285 42, 134.42
Ohio --------------. 14 930. 81 13 1, 107. 19 439. 26 9 559. 11
Oregon ------------ 484 || 69,896. 90 63 || 9, 528. 57 642 91,881.01 103 || 15, 371. 17
Utah -------------- 661 96, 764. 65 |- - - - - - - -]. - - - - - - - - -] 233 29, 627.79 |--------|------------
Washington ------ 293 || 45, 488. 04 225 35, 127.30 398 || 61, 164.80 134 20, 960. 31
Wisconsin - - - - - - - - o 1,496 | 166,960.46 566 58, 758. 12 | 1,388 || 153,836. 26 610 62,074. 53
Wyoming----------|--------|------------|--------|--------------------|------------|--------|-------" * * * * *
Total -------. 25,628 º 698,481.87 3,965 504, 301.97 33,972 |3,754,203.21 4,041 || 519,727.84

HOMESTEAD ACTS. 353
Number and area of entries under the homestead act, &c.—Continued.
1871. 1872.
States and Terri- Homesteads Final homesteads. Homesteads. Final homesteads.
tories. - —es
§ - § ſº § º # º
- an sº •p- Oº dº
R <! º <! ſº <! ſº <!
Alabama-...--------- 1,388 129, 300. 95 |........]. ----------- 1,647 | 162,762. 36 20 1, 564.85
Arkansas ---------- 4, 571 || 367,021. 74 11 824. 55 3,716 || 366,623. 16 72 3,947. 10
Arizona------------|--------|------------|-------|------------ 8 1, 277.03 |--------|------------
California. --------- 1,228 169,701.43 212 30, 512.45 | 1,012 134, 196.75 146 21,399.94.
Colorado ----------- 761 | 98,783. 81 88 || 13, 222, 88 347 || 46, 588.45 70 10, 580.36
Dakota ------------ 861 | 134,642. 31 33 5, 199.05 | 1,009 || 157,237. 33 73 11,448.02
Florida ------------ 217 | 24, 969, 55 - - - - - - - -]. ----------- 697 80,783. 20 23 1, 288.12
Indiana ------------ 2 80.00 --------|------------|--------|------------|--------|------------
Illinois ------------|--------|------------|--------|------------ 28.94 2 80, 00
Iowa.-------------- 1,843 | 186,601. 79 348 || 39,891.49 2, 579 264,698.35 320 33, 505. 57
Idaho.------------. 146 22, 170.37 |. -------|------------ 5 7, 723. 88 |--------|------------
Ransas ------------ 9,456 (1,261,622.79 309 || 39, 346. 59 || 9,093 |1,224,830.83 532 65,086. 30
Louisiana. --------- 1,023 133,430.55 |. -------|------------ 1, 194 || 142, 172.94 9 703. 07
Missouri----------. 2,533 276,793. 12 716 65,490. 27 1,609 | 166,264.65 698 66, 988. 10
Michigan ---------- 1,662 | 187, 084.88 681 84,021.69 | 1, 175 131,342.80 836 | *95, 559. 55
Minnesota --------- 3, 899 || 461, 639. 56 || 1,453 | 189, 647.46 3,908 || 459,456. 18 1,493 | 181, 677.94
Mississippi - - - - - - - - 882 | 71, 177. 22 |. -------|------------ 1, 375 146,700. 68 538. 60
Montana ----------- 309 || 48, 338.78 |.. ------|------------ 265 41, 366. 26 |. ------ |------------
Nevada. ----------- 58 8,845. 47 1 160 00 57 7,863.78 3 440.00
New Mexico ....... 151 22,825.60 --------|------------ 10 1, 377. 58 |--------|------------
Nebraska ---------- 6,021 713, 306.63 437 61,465 88 5, 970 696, 620. 30 649 91, 446, 90
io --------------. 1 880. 00 5 261. 05 14 1,060. 74 256. 57
Ǻn * * * - - - - - - * = & 648 || 84,390.36 153 23,498. 89 795 || 101,023.00 183 26, 971.45
tah -------------- 292 || 38,498.51 |..... ---|------------ 877 |. 50,495.91 ||--------|------------
Washington ------- 618 84,356.67 101 || 15,896.03 458 || 49, 301.40 92 14,097.66
Wisconsin ---...--. 1, 177 | 130, 013. 37 539 59,723.97 1, 361 152,053.43 663 69, 829.73
Wyoming---------- 8 880.00 --------|------------ 13 1, 585. 34 |--------|------------
Total ---...--- 39,768-|4,657,355.46 || 5,087 | 629, 162.05 || 38,742 |4,595,435.27 | 5,917 | 707, 409.83
1873. 1874.
States and Terri- BIomesteads. Final homesteads. Homesteads. Final homesteads.
tories.
o, a; a; ai
.3 ad .3 o: .3 a; .3 a;
5 g 5 g 5 g 5 g
F. C g © ;: Ç ſº Q
ſº <! º <! º <! ſº <!
Alabama.---------- 1,653 | 167,763.56 62 4,593. 66 1,742 | 181, 730.66 150 13, 177.70
Arkansas ---------- 2,497 246, 253.45 211 || 14, 746.71 2, 308 || 239, 226.79 828 68, 655. 11
Arizona. ----------- 1 160.00 l. -------|------------ 7 1,036. 12 |--------|------------
California. --------- 1,301 || 171, 338. 67 265 39, 513. 58 1,363 179,043.43 194 27, 263.91
Colorado ----------- 477 65,641.03 104 || 15, 044. 53 581 82, 105.58 99 13, 572. 69
Dakota -----. ------ 1,297 || 205,920.68 160 27, 208. 00 1,778 288, 162. 19 371 54, 326.49
Florida ------------ 359 41, 136.18 32 2, 136.65 689 80, 521.68 443 32,053.13
Indiana ------------|--------|------------|--------|------------|--------|------------|--------|------------
Illinois ------------|--------|------------|--------|------------ 1 160.00 --------|------------
Iowa.-------------- 871 || 77,387.91 741 || 75,862, 88 574 46,765. 67 771 84, 596.87
Idaho.------------- 52 7, 853. 33 11 1, 582.68 122 18, 986. 18 18 2,759. 16
Ransas ------------ 5,956 || 806, 881.02 | 1,202 || 156,269. 57 | 6, 116 || 838, 511. 16 | 1,638 216, 673.76
Louisiana ---------- 1, 202 || 137, 363.74 5 402. 25 381 44, 957. 60 38 3,872.53
Missouri.---------- 1,098 || 120, 479. 27 | 1, 241 | 127,328. 89 671 67,963.88 941 95,005. 56
Michigan ---------- 1,553 176,965. 46 1, 103 || 132,773.49 | 1,275 | 139,140.26 991 108,666. 13
Minnesota --------. 3,299 || 357,473.31 2, 124 || 255,647.70 || 2,959 299,730. 22 2,871 318,318.85
Mississippi - - - - - - - - 841 || 87,379.98 162 | 8, 590. 56 548 || 52, 151. 64 162 | 12, 123. 15
Montana.---------- 49 5, 303. 61 1 154. 95 22 2,760. 00 3 480, 00
Nevada.----------- 119 || 17, 248. 40 2 320. 00 51 7, 593. 16 ||--------|------------
New Mexico -...----- 9 1,439.06 640, 00 19 2, 237.84 160.00
Nebraska --- - - - - - - - 6, 189 742,884. 18 1,658 220,420. 98 || 5, 165 615, 424, 31 2,818 321,743.77
hio ------. ------- ... 6 440.00 3 224.05 198. 73 12 772. 71
Oregon ------------ ° 587 71, 526.85 263 39, 542. 33 375 45, 502. 52 260 36,995. 81
iftºff I.I.I.I. 300 || 38, 790. 16 |.... - - - - - - - - - - • * * * * * 141 17,740.05 || 200 30, 175.60
Washington ------- 463 || 49,886. 40 104 || 15, 969. 18 396 || 41,440.63 94 14, 162.62
Wisconsin . . . . . . -- . 1,377 | 161,962.77 | 853 || 85,918.29 || 1,819 || 193,604.75 | 1,226 || 130,226.01
Wyoming---------. 5 720. 95 1. -------|------------ 21 2,875. 44 |--------|------------
Total -------. 31,561 |3,760,199.97 || 10, 311 1,224,890.93| 29, 126 |3,489,570.49 || 14, 129 |1, 585,781.56


23 L O—VOL. III
HOMESTEAD ACTS.
- wrº-urrºr-----. --
Number and area of entries under the homestead act, &c.—Continued.
1875. 1876.
g Homesteads. Final homesteads. Homesteads. Final homesteads.
States and Terri- *
tories.
§ * § * § a; § ad
º 3. ‘g É # § #: §
3 s B C ſº © º: Q
ſº <! ſº <! º <! F. <!
Alabama ---------. 1, 260 | 123,238.88 442 43,735. 16 1,575 | 157, 624.61 906 99, 292. 15
Arkansas ---------. 1,235 | 128, 230.45 1, 344 122, 299.46 1, 593 | 158,666. 70 1,963 188,617. 54
Arizona------------ 28 4, 244, 28 || -------|------------ 26 3,274.63 |. -------|------------
California.......... 2,080 266,707.01 575 63,282. 21 || 3, 584 || 381, 183.25 2,062 | 206,579. 74
Colorado. ---------- 435 63,343.45 197 24, 533. 36 435 57,008. 36 296 35,461. 81
akota -----------.] 812 || 119,306. 81 407 || 62, 342. 31 1,629 || 239, 179. 79 653 90,922. 64
Florida ------------ 956 115,430.50 336 31,661.00 2,049 252,492. 57 273 28, 387.77
Indiana ------------ 8 760, 00 8 760.00 |--------|------------ 2 120. 00
Illinois.----------- 6 440.00 4 360, 00 2 199.92 199. 92
Iowa -------------- 242 20, 137.88 1,328 137, 199.87 171 13, 507. 16 | 1,236 131,744, 29
Idaho-------------- 103 || 15, 965. 60 31 ; . 40 97 14, 560. 99 46 7, 113. 92
Iºansas ------------ 2,728 362,283.30 2, 578 || 344, 880. 30 3, 232 || 423,844. 70 3, 404 || 457, 593.31
Louisiana ---------. 474 50, 104.19 177 21, 093.86 626 66,983. 44 256 30, 355.72
Missouri.---------. 522 52, 882.43 1, 510 || 148,567.95 504 50,412.95 1, 286 128,689. 60
Michigan ---------. 1, 467 | 164, 531.97 906 98, 849. 57 1,435 | 166,063. 38 1,010 112, 501. 04
Minnesota ......... 2,463 229,835.44 3, 368 353,295. 59 2,664 267,437.62 3,203 363,074. 40
Mississippi........ 410 36,702.02 162 13,706. 69 540 50, 481.07 211 20, 002. 51
Montană. ---------. 38 5, 286. 28 54 8, 481.91 86 12, 179. 14 137 21, 806. 49
Nevada -----------. 66. 8, 462.97 10 1,437. 04 68 9, 024.08 16 1,990. 55
New Mexico.------ 41 6, 200.00 8 1, 284.19 27 2,824.52 37 5, 540. 97
Nebraska ---------- 2,281 265, 548.46 2,828 344, 345. 57 1,984 237,786.79 3, 590 418, 962. 30
Ohio --------------- 17 1,243. 07 1 1,433.81 440.00 14 1,080.00
* • * * * * * * * * * * = 514 62,372. 52 328 47,619.89 579 69, 589. 37 313 44, 795. 59
Utah -------------- 289 35,423. 83 194 26,907. 47 409 49, 716. 61 168 23, 165. 62
Washington * sº gº tº º ſº 305 34,759. 23 178 27,874, 59 465 51, 609.53 285 38,839.76
Wisconsin ......... 1,858 192,763.86 1, 300 | 137,694. 54 1, 282 | 127, 766.43 1, 148 132,235. 17
Wyoming & sº gº tº gº tº gº º ºs 3 3, 577.67 480. 00 36 3,956.13 13 1,480.00
Total -------. 20,668 (2,369,782.10 18, 293 (2,068,537.74 || 25, 104 |2,867,813.74 22,530 2,590, 552.81
1877. 1878.
º IIomesteads. Final homesteads. Bomesteads. Final homesteads.
States and Terri-
tories. * tº g
{º Öº dº tº
.3 a; .9 ad ..? a; .3 a;
# g 3 §: 5 g 5 g
§: º º º 3 º § Q
º <! Fº <! ſº <d ſº <!
Alabama ---------- 1,240 | 120,833. 24 610 59, 540. 64 1,695 169, 466.29 584 60,077. 87
Arkansas ---------- 1,619 || 151,731.62 | 1,735 | 177,853. 52 2, 293 225,915.97 1,808 || 185, 030.29
Arizona------------ 5 5,359.45 5 800. 00 37 4,903. 81 800, 00
California.--------. 1, 507 | 200, 373.96 605 80,276.84 1,987 246,334.99 1, 970 120,398. 17
Colorado----------. 289 38,066. 32 211 26,489.13 624 83, 994. 30 280 37, 478.91
Dakota ------------ 828 123,779.85 563 | 88, 003. 93 || 4, 885 739, 606. 63 845 122,153.24
Florida. ------------ 1,600 | 185,773.80 171 17,693.80 | 1, 348 150,413. 61 216 || 23, 856. 33
Indiana ------------ 272.28 3 272.28 80.00 2 120.00
Illinois --------------------|------------ 28.94 46 3, 882.42 47 4,006. 69
Iowa. -------------- 78 6, 272.79 | 1, 182 | 118, 182.83 101 8, 404. 21 979 92, 349.84
Idaho. ------------. 188 27,641.18 43 5,959. 07 250 37, 555. 10 54 7,424.88
Ransas ------------ 3,385 435, 857.48 || 4, 190 568, 158.48 || 7,915 1,103,203. 50 5,058 670,337.41
Louisiana ---------. 472 52,723.50 352 43,432.04 462 50, 544.38 406 51, 339. 52
Missouri...--------. 400 37,664.82 1,230 135, 142. 20 654 62, 894.62 999 104,943. 98
Michigan ---------- 947 | 104,173.21 772 90,094.54 1,082 | 120, 895.02 1,047 124,988. 17
Minnesota. ----...--. 1,678 | 183, 881.33 2,401 286,019. 27 4,986 592,724.52 2, 645 || 302, 651.21
lMississippi - - - - - - - - 391 | 40,489.16 192 20,446.84 508 52, 841.47 386 40, 193. 30
Montana. ---------- 52 6, 597.60 149 23, 323. 64 134 29, 494. 64 126 19, 344. 72
Nevada.------------ 40 5,220.75 29 3,984. 51 47 6,050. 52 35 4, 658. 38
New Mexico. ------ 21 2, 961. 87 7 1,039.82 31 4, 559.85 8 1, 159. 06
Nebraska ---------. 1, 345 | 163,312.43 3, 507 || 422, 147.76 3,015 | 407,949. 57 3,897 || 456,075. 41
Ohio --------------. 1. 40.00 1. 838.51 49. Z5 5 262. 25
Oregon ------ * gº gº & tº e 598 || 70,497. 60 412 58,289.64 750 87, 094.36 422 54, 749.09
fah--------------- 479 || 60,888. 90 236 29, 200. 93 654 82,828.95 236 31, 538. 12
Washington ------- 473 54,703. 31 270 36,820.61 968 || 111,710.49 330 37, 140.94
Wisconsin. ---...--. 965 93, 940. 56 1,005 || 112,913.42 1, 128 110, 178.09 963 108,943. 04
Wyoming----...-.. 25 3, 200.00 880. 00 . 26 3,277. 53 7 960. 00
Total ---...--. 18, 675 (2,176,257.01 || 19,900 |2,407,828.19 || 35,630 |4,496,854.59 22,460 |2, 662, 980. 82

HOMESTEAD ACTS.
355
Number and area of entries under the homestead act, &c.—Continued.
1879. 1880.
$ºs Fina. steads. Eſom £l0 S. inal h ads.
States and Terri- Homesteads Final homesteads omesteads Final homesteads
tories. g tº
a; a; dº aa
..? wº .3 a; .: a; .3 a;
C ſº- q) :- 9 *: Q}
# 5 3 5 E § *: 5
ſº <! R <! R <! R <!
Alabama. ---------- 1,622 || 158, 162.59 544 55,608. 97 3,013 || 310,885. 72 399 43,834. 21
Arkansas.--------- 2, 317 | 203,343. 70 987 | 103,675.27 5,372 372, 437. 52 986 110, 195. 14
Arizona----------- * 40 5,059.97 6 958. 53 50 7,636. 89 14 1,889.62
California. -- - - - - - - - 1,887 224,014. 29 | 1,001 || 110,423.29 1, 735 230,094. 18 854 || 111,065. 48
Colorado. ---------. 477 65, 362.42 317 42, 403.94 738 |,103, 538. 20 418 58,442. 36
Dakota ------------ 5, 688 |864, 855.65 | 1,136 | 162, 999. 27 | 8,613 |1,326,945. 66 | 1,147 159, 650.33
Florida. ------------ 529 57, 500. 58 214 22, 583. 72 820 86, 213.82 271 || 33,042.97
Indiana ------------ 2 53.85 --------|------------|--------|------------|--------|-- - - - - - -'w - - -
Illinois. -----, ------ 2 40, 71 1. 40.00 |..... ---|-- • sº sº, ºr * * * * * * * : * is as e º ºs ºs s I as sº as sº sº as as as we s ºf a
Iowa--------------- 42 3, 173.31 539 49,994.85 47 3,134.78 218 18, 116.35
Idaho -------------- 380 51, 132.47 91 9,784. 22 424 63,421. 12 200 27,399.27
Ransas ------------ 11, 337 |1,584,377.68 3,739 || 514,816. 57 7, 575 |1,059,047.00 3, 531 496, 713. 23
Louisiana. --------- 246 26, 451.90 334 41,045. 58 676 81,626.08 197 25, 280.00
Missouri.. --------- 434 39, 434.30 449 47,672.98 981 92,046.17 360 39, 502.90
Michigan ---------. 1, 268 156,098.54 622 71, 710.94 1,001 || 118, 388. 37 621 74,583.80
Minnesota - - - - - - - - 5, 669 648,221.88 2,485 262,967.94 5, 191 687,906.67 1,915 219,931.56
Mississippi . . . . . . . . 195 | 19, 338.52 309 || 35,709. 49 531 || 55,901.23 95 || 10,768.92
Montana. ---------- 140 18,093.43 72 10, 514. 72 282 39, 189.52 30 4,441. 39
Nevada -----------. 70 9, 710.82 41 5, 202.68 59 7,979.91 15 1,761.80.
New Mexico - - - - - -. 87 12,658. 82 9 1,258.98 69 10, 185.15 15 2,000. 00.
Nebraska - - - - - - - - - - 4,905 || 703,750.86 2,960 | 340, 373. 27 5,648 || 827, 112.06 || 2,559 315, 501.47
Ohio --------------. 1 80. 0 197. 91 40. 00 120. 00.
Oregon ------------ 653 74, 562.97 295 36,024.76 1,092 || 138, 814. 67 338 39,873. 50
Utah -------------- 548 71, 685. 69 99 12,746. 60 508 68, 603. 55 161 19,762.78
Washington ... ----- 1, 328 145, 680.84 409 38, 561. 58 1,762 240,631.36 322 35,795. 50
Wisconsin . . . . . . . . . 1, 104 || 119,649.68 725 83, 813. 24 1,048 || 114, 742. 14 758 86,484.63
Wyoming. -- - - - - - - - 34 4, 889.47 5 758. 09 57 8, 237.08 15 2,077.68
Total - ...| 41,005 |5,267,384.94 17, 391 |2,070,842.39 || 47,293 |6, 054,708.85 | 15,441 1,938,234.89
RECAPITULATION.
Aggregate of entries and acres.
- Homesteads. Final homesteads.
States and Territories. gł --
ad a;
.3 o, .3 a;
$4 <i> QP
5 § É §
º <! ſº <!
Alabama ------------------------------------------------ 23, 858 2,306,550.80 3,717 381,425.21
Arkansas ------------------------------------------------ 37, 996 || 3,321, 318, 55 9,945 975, 844.69
izona ------------------------------------------------- 248 32, 952. 18 30 y . 15
California------------------------------ gº tº º, º ºs e º º sº as as sº gº as º sº se is 21,027 2,685, 546. 56 || 7,480 887, 802. 79
Colorado.------------------------------------------------ 6,707 || 905, 0.29.75 2,214 297,736. 57
Dakota ---------------------------- * * * * * * * * * * * * * * * * * * * * * * 29,704 || 4, 547, 859.03 5,465 796,447.59
Tlorida -------------------------------------------------- 13,972 | 1,448,097.02 1,979 192,703. 49
Indiana -------------------------------------------------. 19 1,366.13 15 1,272.28
Illinois -------------------------------------------------- 65 5,024.02 59 4,793.71
Iowa ---------------------------------------------------- 13, 885 1,341,969.01 || 8, 105 831, 969. 27
Idaho---------------------------------------------------- , 964 287, 576. 26 494 66, 434.60
Kansas -------------------------------------------------- 79, 961 [10,762,353. 69 27, 282 3,684, 187.65
Louisiana-----------------------------------------------. , 308 959, 627. 66 1, 774 217, 524. 57
Missouri------------------------------------------------. 24,641 2,489,800. 64 9, 617 975, 050.48
Michigan.----------------------------------------------. 25,086 2,911,749. 13 10,062 1,186, 372.48
i esota ----------------------------------------------- 62,379 || 7,346,038.96 || 27,818 3, 224, 263. 59
Mississippi.--------------------------------------------. 10,422 927, 031.23 1,688 162,080. 06
Montana. ------------------------------------------------ 1,638 249,642.83 572 88, 547.82
Nevada.------------------------------------------------. 765 106,902.05 162 21,394.96
New Mexico.-------------------------------------------- 475 68, 848. 52 89 13,083.02
Nebraska-----------------------------------------------. 58, 560 7,295, 215.20 25, 604 3, 105, 841.92
Ohio----------------------------------------------------- 169 11,659.93 102 , 313. 16
Oregon -------------------------------------------------- 9,785 | 1,268,899.51 || 3, 150 |
Utah --------------------- - - - - - - - - - - - - ------------------- 4, 891 641,064. 60 | 1,294 173,497. 12
Washington.-------------------------------------------- 9, 504 || 1,216, 127.70 2, 603 340, 516.45
Wisconsin ----------------------------------------------- 23,498 2,495, 503. 48 10,868 1, 180,825.75
Yoming-----------------------------------------------. 255 33, 199.61 4 6,630.77
Total ---------------------------------------------. 469,782 |55,667,044.95 |162,237 | 19, 265, 337.06



437, 328.91
356 HOMESTEAD ACTS.
FoRM OF PATENT For HoMESTEAD.
Homestead certificate No. —. Application—.
The United States of America, to all to whom these presents shall come, greeting:
Whereas there has been deposited in the General Land Office of the United States a
certificate of the register of the land office at , whereby it appears that, pursul-
ant to the act of Congress approved 20th May, 1862, “to secure homesteads to actual
settlers on the public domain,” and the acts supplemental thereto, the claim of
has been established and duly consummated, in conformity to law, for the
according to the official plat of the survey of the said land, returned to
the General Land Office by the Surveyor-General.
Now know ye, that there is, therefore, granted by the United States unto the said
the tract of land above described, to have and to hold the said tract of
land, with the appurtenances thereof, unto the said and to —heirs and
assigns forever, subject to any vested and accrued water rights for mining, agricul-
tural, manufacturing, or other purposes, and rights to ditches and reservoirs used in
connection with such water rights as may be recognized, and acknowledged by the
local customs, laws, and decisions of courts, and also subject to the right of the pro-
prietor of a vein or lode to extract and remove his ore therefrom, should the same be
found to penetrate or intersect the premises hereby granted, as provided by law.
In testimony whereof, I, , President of the United States of America,
have caused these letters to be made patent, and the seal of the General Land Office
to be hereunto affixed. - r
Given under my hand, at the city of Washington, the L-day of , in the year
of our Lord one thousand eight hundred and —, and of the Independence of the
United States the –.
By the President:
[SEAL.T tº- 2
Secretary.
Recorder of the General Land Office.
Recorded, vol.—, page—.
CHA PTE R XXVIII.
To JUNE 30, 1882.
[See pages 1047–1088.]
To JUNE 30, 1883.
[See pages 1285–1289.]
TIMBER AND STONE ACTs.
To JUNE 30, 1880.
LEGAL PROCEDURE AND DECISIONS.
The protection of the timber on the public lands from fire and depredations has,
since the origin of the Government, been a serious problem.
The original public domain, or lands embraced in the cessions by States, contained
vast areas of forest lands, heavily timbered in the central and middle western portion.
The lands in Illinois were the first of the prairies, which beyond the Mississippi be-
came the plains. The first disposition and settlement laws were made for a humid
and wooded country, where the agricultural purchaser's first labor was to clear the
wood from the soil. The Louisiana purchase added the treeless plains between the
Mississippi River and the Rocky Mountains to the area of the public domain.
March 1, 1817 (amended May 15, 1820, and March 3, 1827, section 2458, R. S.), Con-
gress passed the first act for the preservation of live oak and red cedar forests, and
authorized the exploration and selection of such tracts as were necessary to furnish the
Navy with such timber. The authority of selection was placed in the Secretary of the
Navy, under the direction of the President.
February 23, 1822, Congress authorized the President to employ the Army and Navy
for the protection and preservation of the live-oak and red-cedar timber of the United
States in Florida. (See section 2460, R. S.)
March 2, 1831, Congress made it a felony, with penalty of fine and imprisonment,
for cutting or removing timber from the public lands without due permission. (See
sections 2461, 2462, 2463 and 4751, R. S.)
The Supreme Court of the United States, in United States v. E. Briggs (9 How.,
351), construed this statute to authorize the protection of all timber on public lands,
and punishment for trespass.
Mr. Attorney-General Nelson, August 11, 1843, also gave an opinion to the same effect.
July 16, 1845, Mr. Attorney-General Mason, in an opinion, considered it the pre-
emptor's privilege to destroy and use any trees on the tract claimed necessary to clear
and inclose with a view to cultivation and the making of a home.
Under the act of March 2, 1831, for the care and custody of the timber there was
established a system of agencies under the supervision of the Solicitor of the Treasury.
In 1855 the management of the timber interest was transferred to the General Land
Office, which employed the registers and receivers, without additional compensation,
to act as timber agents. (See circular of instructions, General Land Office, December
24, 1855.)
Where trespass was committed by timber dealers, stumpage was exacted, or the
timber was seized and sold, and the proceeds paid into the Treasury. Where there had
been trespass through ignorance, and with no purpose of spoliation, actual entry of
the land was required, with payment of costs; but, in all cases, pre-emptors and par-
ties entering under the homestead act were protected and secured in the privilege of
using trees on the land claimed, for clearing, fencing, cultivation, and construction of
a house to live in ; also for Ordinary domestic purposes; and, if sanctioned by the head
of the Department, it might be extended, under reasonable limitations, to interests
under act of July 26, 1866, which conferred the right of mining, where the extension
might not be beyond individual necessities, nor amount to waste or spoliation.
357
358 TIMBER AND STONE ACTS.
This continued under direction of the Commissioner of the General Land Office,
under his orders, and until April 5, 1877, when special agents were employed—either
detailed clerks or persons specially appointed.
Registers and receivers were instructed to seize and sell all timber found to have
been cut on the public lands contrary to law and deposit the proceeds in the Treasury
of the United States. They were also to report the cases to the proper district attor-
neys for the prosecution of the offenders under section 2461 Revised Statutes, except
where, with the previously obtained approval of the Commissioner of the General
Land Office, a compromise was effected in view of mitigating circumstances.
By act of April 30, 1878 (20 Stats., p. 46), an appropriation was made of $7,500 for the
actual expenses of clerks detailed to investigate fraudulent land entries, trespassers
on the public lands, and cases of official misconduct, with the provisos—
That all moneys heretofore, and that shall hereafter be, collected for depredations
upon the public lands, shall be covered into the Treasury of the United States as other
moneys received from the sale of public lands: And provided further, That where wood
and timbered lands in the Territories of the United States are not surveyed and
offered for sale in proper subdivisions, convenient of access, no money appropriated
shall be used to collect any charge for wood or timber cut on the public lands in the
Territories of the United States, for the use of actual settlers in the Territories, and not
for export from the Territories of the United States where the timber grew: And pro-
vided further, That if any timber cut on the public lands shall be exported from the
Territories of the United States, it shall be liable to seizure by United States author-
ity wherever found.
In the act of June 20, 1878 (20 Stats., p. 229), “to meet expenses of suppressing depre-
dations upon timber on the public lands,” an appropriation of twenty-five thousand
dollars was made. This was expended, under direction of the Secretary of the Inte-
rior, by the Commissioner of the Generalland Office, who appointed or detailed special
agents to investigate the depredations. For a full report of the operations of these
agents, and the measures taken to suppress violations of the timber acts, see reports
of the Commissioner of the General Land Office for 1878, pp. 122–124, 1879 and 1880.
The appropriation has been continued from year to year.
The appropriations for keeping these special agents in the field were, for the year
ending June 30, 1877, $12,500; for the year ending June 30, 1879, $25,000; and for the
year ending June 30, 1880, $40,000; making a total down to June 30, 1880, of $77,500
since the inauguration of the present system.
RESULTS OF SERVICES OF SPECIAL AGENTS.
During the twenty-two years from December 24, 1855, to the 5th of April, 1877,
while all action as to timber depredations took place under the circular of 1855 first
mentioned, the sums recovered and turned into the Treasury amounted in gross to
$248,795.68. During three years and three months from April 5, 1877, to the 30th of
June, 1880, the proceeds actually collected from the same source amounted to
$242,376.68. The amount for which judgment has been obtained—not yet collected—
is about as much more. The proceeds of the last three years and a half have been
much larger than those of the twenty-two years preceding.
CONDONING ACT.
Congress, June 15, 1880, passed a condoning act for trespassers on the public lands
for acts committed prior to March 1, 1879. Persons against whom suits were pending
prior to that date were to make entry of lands upon which trespass was committed,
and upon presentation of the evidence of such entry, and payment of costs accrued
to the proper officer, suits and proceedings to be discontinued. This act took effect
March 1, 1879. Trespassers since that date will await the action of the officers under
existing laws.
STONE AND TIMBER ACTS.
Jnne 3, 1878, Congress passed an act authorizing the sale of timber land unfit for
cultivation in California, Oregon, Nevada, and the Territory of Washington at $2.50
TIMBER AND STONE . ACTS. 359
per acre. This act confined its benefits to citizens, or those who may declare their
intentions to become such, no one person or association of persons to enter more than
160 acres. Proof must be shown of the non-mineral and non-agricultural character of
the land desired. . - -
This act also provided for the sale of lands valuable chiefly for stone in the same
quantity and on the same terms as timber lands. Application must be made to the
district land office, which is posted for sixty days and published in a newspaper for
sixty days. If no adverse testimony as to the character of the land is shown after sixty
days, then he or they can pay for and enter it. (See circular General Land Office,
August 15, 1878, and especially circular of May 1, 1880.
The fourth section of that act is a trespass act for the States and Territory named,
with a penalty of not less than $100 nor more than $1,000 for violation of the provi-
sions against removing, or causing to be removed, timber from public lands with intent
to export or dispose of the same.
By act of June 3, 1878, Congress provided that all persons, citizens and bona-fide
residents of Colorado or Nevada, or either of the Territories of New Mexico, Arizona,
Utah, Wyoming, Dakota, Idaho, or Montana, and all mineral districts of the United
States, shall be permitted to fell and remove for building, agriculture, mining, or other
domestic purposes, timber or other trees on the public lands which are mineral and
subject to mineral entry only. Railroad corporations are exempt. Registers and re-
ceivers are to ascertain as to the execution of the above from time to time. (See
circular Commissioner General Land Office, August 15, 1878.)
'RESULTS OF THE ACT.
The stone and timber act has not been of much practical value, and furnishes but
small relief to the settlers in the States and Territories named. •
Under it, from 1878 to June 30, 1880, there have been sold 20,782.77 acres at $2.50 per
& CEO,
The following exhibit shows the total entries, location, and areas of lands sold under
the timber and stone act of June 3, 1878, from June 30, 1878, to June 30, 1880, inclusive:
States and Territories. Year 1879. Year 1880. Aggregate.
- Acres. Acres. Acres.
California ---------------------------------------------------- 486. 49 10,402.79 10,889.28
9regon ------------------------------------------------------- 277.02 2, 568. 52 2,845. 54
Nevada-------------------------------------------------------|-------------. 2, 249.46 2, 249.46
Washington Territory----------------------------------------|-------------. 4,798. 49 4, 798. 49
Total.--------------------------------------------------- 763. 51 20, 019. 26 20,782.77
REFERENCES.
For details of depredations and trespasses on, and destruction by fire of, the timber
on the public domain in the West, together with recommendations as to sale and dis-
position of timber lands, with testimony of experts and persons practically engaged
in lumbering, see Preliminary Report, with Testimony, of the Public Land Commis-
Sion, Washington, D. C., 1880; Annual Reports of Secretary of the Interior, 1849 to
1880; Annual Reports of Commissioner of General Land Office, 1854 to 1880.
C H A P T E R XXIX.
To JUNE 30, 1882.
[See pages 1088–1103.]
To JUNE 30, 1883.
[See pages 1289, 1290.]
TIM BER C U L T U R E.
To JUNE 30, 1880.
LAND Bounties For CULTIVATION OF TIMBER.
The attention of Congress was early called to the necessity of legislation on the
subject of the treeless public domain of the West. Many of the Western States,
Kansas as an illustration, began, under authority of law, a system of bounties for
tree-planting. By local usage and consent of the people, a day was set apart upon
which a festival was held, and all planted trees; this became a holiday. Planting
groves of trees became the method of providing windbreaks against the fierce winds
of the plains. The lack of fuel was the principal inducement, coupled with the belief
that forests of trees cause an increased rainfall, and knowledge of the fact that wooded
countries retain moisture much longer than treeless plains and give a more equal and
beneficial distribution of water. Government aid was solicited; agricultural, horti-
cultural, and arboricultural societies petitioned; State legislatures took action; and
timber culture became a subject of general discussion in the West.
The reports of the geological surveys of Hayden and Powell, for 1870, and follow-
ing, called attention to the subject. -
It was and is conceded that where land can be irrigated (below the timber line) trees
can be grown. Irrigating ditches and canals are usually lined with trees; but trees
cannot be grown in the West or elsewhere without water. .
The first timber culture act was passed by Congress March 3, 1873, and amended March
13, 1874. It was for the promotion of the growth of timber on the Western plains—
meaning within the humid or subhumid region. This act provided a method of
acquiring title to public lands on condition that timber should be grown thereon, so
that persons might take “timber” farms as well as “agricultural” farms—the land to
be given them as a reward or bounty for raising trees. It is a timber bounty act,
with the additional clause (sec. 2,468) that land in cultivation for timber is not
liable for debt or debts contracted prior to the issuing of the patent therefor. Entry
of not more than 160 nor less than 40 acres can be made under this act. One-fourth part
of the tract entered must be devoted to timber for eight years; after eight years, on
proof of these facts at the district land office, certificate for patent will issue. The
fee at date of filing application is $10; the fee of the register and receiver is $2 each,
and the same at final proof and entry; in all, $18. The effects of this act cannot be
stated. The first filings under this law were made in the fall of 1873, but they were
few and of small area. The eight years' limit has as yet expired in but a few cases, and
no reports have been received as to the practical effects of the law. A person files an
application with the district land officers, and need not under the law take further
action until the expiration of the legal time to make final proof to obtain patent, viz,
eight years. & .
The act thus far is experimental so far as practical effects are officially known.
360
TIMBER CULTURE.
361
Statement showing the number of timber-culture entries, with areas, made in each State and
Territory under the timber-culture act of March 3, 1873, to June 30, 1880, inclusive.

1873. 1874. 1875. 1876. 1877.
States and Ter-
ritories.
No. Acres. No Acres. No Acres. No. Acres. INo Acres.
Arizona--------|--|--|----------- 2 196. 51 2 320. 00 10 | 1, 197. 15 21 2, 440 00
Arkansas ------ tº as is is as s = e º ºs ºs s as sº tº º º ºs ºf s ºf s = º ºs e s as e º s = & e s is s as tº º ſº tº ſº º sº tº gº tº º 3 231.92 l.-----|-----------
California ------ 2 329. Tº 59 8, 878.06 || 195 29,065.53 136 | 20, 524, 33 75 | 10, 586. 05
Colorado ------- tº sº tº as e º ºs us gº º ºs e e s s 17 | 2,272.24 27 | 3,453.82 45 6, 514, 22 28 3, 343. 33
Dakota - - - - - - -. $ 3,560.00 865 [124,997. 29 || 451 | 61,969.75 | 842 119,835.23 || 476 | 68,266.92
Idaho. ---------|. is sº sº gº tº tº sº º tº a sº & E * 2 180.83 21 2, 583.25 17 | 1,973. 89 52 7,035.91
Iowa. ---------. 1. 145.90 33 || 3,816.05 92 || 9, 127. 52 99 || 8, 563.42 59 4, 791.56
Ransas . . . . . . . . 60 || 9,642.17 1,954 |282,479.07 1,265 168,269.06 |1,354 185, 596.43 |1,666 || 238,020.44
Louisiana - - - - - * * * * * * * * * * * * * * * * r * * * * * * : * * * * * * * * * * * r * * * * * * * * * g º e º ºs e º sº a e º ºs e º a e s is sº e º s s s sº * : * * * * * * * * * * * * * * * * * *
Michigan ------ as a sº s : & nº was ºs º ºs ºº e º sº, sº I ºr s as ºs s ∈ I e < * * * * * * * * * | * * * * * * * * s sº ºne tº * * * * * I as sº as as as * gº ºs s as a tº s sº * * * * * * * * * * | * * * is tº sº a s = º ºs
Minnesota ..... 95 || 14, 710. 15 804 |113,131.63 499 || 63,673.73 |1,070 [140,126. 30 561 76,021. 53
Missouri....... * * * * * * * * * * * * * * * * * * * * * * * * is sº sº º sº sº * * * * * r s = * * * * * * * * * * * * * * * * r s sº as as a s a sº sº, s = s. s is sº * * : * * * * * * * * * sº as me sº as sº sº as s
Montana. ------ * * * * : * * * * * * * * * * * 1 s e e s is tº sº we s as e s = * * * * 1 s as s as me • i s = sº as as sº e s = as as i s as s as s a • gº º se sº sº m e º tº 398. 59
Nebraska....... 137 21, 858.07 2,164 |312, 712. 09 1,061 |130,894. 26 || 834 106,499.74 || 706 90, 812. 90
Nevada . . . . . . . . * * * * : * * * * * * * * * * * | * sº * * * * * * * * * * * * * * * * | * * * * * * | * * * * * * * * * * * I e º a s as s ] as as m is a s = * * * 240. 0
New Mexico ---|--|----------|------|-----------|------|----------. 7 | 1, 128.00 ------|----. -----
Oregon - - - - - - - - • * * * : * *e sº tº º is a e sº e º f s is e s is us i s sº e º is 4 s º ºs s s 7 882. 68 13 | 1,793. 18 19 2,509. 37
* * * * * * * *s es e i & • * | * * * * * * * g º ºs s I gº º sº tº º ºs I sº º sº e s is sº * * * * | * * * ºn ºn E e = e º sº as s º ºs e e 3 399.88 3 º
Washington ---|--|--|----------. 22 || 2,482. 22 31 || 3,324. 14 54 5,374.28 148 || 19, 746.75
Wyoming------ - * * * : * sº sº º gº º ºs º ºs 1 80.00 1 130. 47 1 160.00 l.---- I. - - - - - - - - - -
Total ... --. 319 || 50,246.04 |5,923 |851, 225.99 |3, 652 |473, 694. 21 |4,488 |599, 917. 97 |3,819 524, 551.85.
1878. 1879. 1880. Total.
States and Ter-
ritories.
No. Acres. No. Acres. No. Acres. No. Acres.
Arizona. ------. 11 1,600.00 21 3,280.00 6 719. 65 73 9, 753.31
Arkansas ------|-------|-------------|-------|-------------|--------|-------------- 3 231. 92.
California. . . . . . 60 8,029.42 112 14,458. 81 99 12, 120.31 738 103,992. 26.
Colorado. ------ 125 17, 436.73 121 16, 142.03 214 30, 302. 14 577 79,464. 51
Dakota - - - - - - -. 3,769 579, 804.04 || 4,675 | 728,687. 83 5,575 868,748.39 || 16,677 2, 555, 869.45
Idaho. --------. 158 22, 169. 53 162 22,013. 93 181 23,300.04 93 79,257. 38
Iowa. ---------- 89 7, 535.47 73 6, 577.67 57 4,714.05 503 45, 271. 64
Ransas ---...--. 4,031 || 593,295. 17 | 7,776 |1, 167, 582.77 | 2,891 || 408, 261.74 20,997 || 3,053, 146.85.
Louisiana ------|------|------------- ... 1 80. 43 1 40.00 120. 43
Michigan ------|-------|-------------|-------|-------------|--------|-------------|--------|------ * tº sº sº e º 'º -
#º * * * * * 2, 693 377,017.78 1,847 257,642. 50 909 123,735.36 8,478 1, 166,058.98
1880Ulrl - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - s & s & H sº we sº º is as * * : * is a se s = * * * * * * * *
Montana. . . . . . . 9 960. 00 2 , 134. 20 61 6, 835. 32 100 11, 328. 11
Nebraska . . . . . . 1,408 195, 306.68 3, 183 465, 968.94 3,202 475,275.87 | 12,695 1,799, 328. 55.
Nevada - ... . . 5 600, 00 1 160. 00 5 560. 00 13 1, 560.00
New Mexico . . . 2 320. 00 14 1. 891. 93 24 2,887.95 47 6, 227. 88
§ºn tº º ºs º º º º 130 18,446.21 117 17,046. 59 482 73,061.66 768 113,739.69.
tah ---------- 9 1,280.00 20 2,328.93 35 4,044.05 70 8,391.36
Washington . . . 562 78,237.00 479 68, 506,10 893 134,637.65 2, 189 312, 308. 14
Wyoming.-----|-------|-------------|-------|---...-...--. 240. 0 12 610. 47
Total ...... 13,061 1,902, 038.03 |18, 629 (2,775, 502.66 14,644 || 2, 169,484.18 |... . . . . . [- - - - - - - -...--.
Grand totall.------|-----...--- ---|-------|-------------|--------|-------------- 64,535 | 9,346, 660. 93.
CULTIVATION OF TREES ON HOMESTEAD TRACTS.
Revised Statutes, section 2317, in the chapter relating to homesteads, is as follows:
Every person having a homestead on the public domain, under the provisions of
this chapter, who at the end of the third year of his residence thereon, shall have had
under cultivation, for two years, one acre of timber, the trees thereon not being more
than twelve feet apart each way, and in a good, thrifty condition, for each and every
sixteen acres of such homestead, shall, upon due proof of the fact by two credible.
witnesses, receive his patent for such homestead.
This is also a bounty for planting timber.
362 * TIMBER CULTURE.
REFERENCES,
Regulations General Land Office. $
Public Land Commission, Preliminary Report, with Testimony, 1880.
Report on the Lands of the Arid Regions of the United States, Prof. J. W. Powell,
1878, Washington, D.C., as to water supply of the arid regions.
Report upon Forestry, vols. 1 and 2, prepared under direction of the Commissioner
of Agriculture, in pursuance of an act of Congress approved August 15, 1876, 1878,
Franklin B. Hough; containing statistics of lumbering, laws of States and Territories
on forestry, suggestions, and a vast amount of practical information on tree culture
in all lands. Also, Report of State Forestry Commissioners.
Report from Committee on Public Lands, first session Forty-third Congress (H. R.
259), on cultivation of timber and the preservation of forests, by Mr. Dunnell, of
Minnesota, in reference to the special message of President Grant of February 19,
1874, on the subject. -
C H A P T E R X X X.
To JUNE 30, 1882.
- (see pages 1103–1111.]
To JuxE 30, 1883.
[See page 1291.]
D E S E R T L A N D S ,
TO J U NE 30, 1880.
SPECIAL AND GENERAL LEGISLATION.
The act of March 3, 1875, providing for the sale of desert lands in Lassen County,
California, permitted the entry of 640 acres of land, and required that water be put
upon the same by claimants, and the land paid for at the rate of $1.25 per acre, within
two years.
March 3, 1877, Congress enacted the “Desert land act,” which applies to California,
Oregon, Nevada, and Washington, Idaho, Montana, Utah, Wyoming, Arizona, New
Mexico, and Dakota. It is for the reclamation of desert lands, an entry of 640 acres
being permitted, and three years are given from the date of filing in which to con-
duct water on the same. At time of filing application 25 cents per acre is to be paid at
the district land office, and on proof of compliance with the law, final payment of $1 ad-
ditional per acre can be made at any time within three years. All lands, exclusive of
timber and mineral lands, which will not, without irrigation, produce some agricul-
tural crop, are deemed and held to be desert land under this act. The determination
of what may be considered such desert lands is subject to the decision and regulation
of the Commissioner of the General Land Office. (See circulars of General Land Office
of June 25, 1878, and September 13, 1880. -- ºs-
Under this act, since March 3, 1877, to June 30, 1880, there have been made 2,855.
entries embracing 897,160.57 acres; the first payments received (25 cents per acre)
being $223,470.72. . -
For estimates of areas and conditions of desert lands, see “Report on the Lands of
the Arid Region of the United States,” by Prof. J. W. Powell, 1878; and for details of
irrigation and methods, see “Preliminary Report, with Testimony, of the United
States Public Land Commission,” 1880.
RESULTS OF THE ACT.
The following table gives full exhibit of totals of operations under this act:
Sales of desert lands under the act of March 3, 1877, to June 30, 1880.

1877. , 1878.
State or Territory. ºr
§: Area. Amount. : Area. | Amount.
Arizona:------------------------------ 74 39,653. 35 | $9,66525 72 29,982.75 $7,499 50
California. ---------------------------. 467 | 168,282.79 || 42,071 13 202 | 72,818.28 18, 204 56
Dakota. ------------------------------|--------|------------|------------ 5 1, 541. 00 385 25
Idaho---------------------------------|--------|--- • * * * * * * * | * * * s is ºs e = * * * * 32 || 17,916.45 || 4,479 16
Montana------------------------------ 3 361. 65 90 42 107 || 29,842.01 || 7,460 52
Nevada. ------------------------------ 54 18, 829.93 || 4,707 48 || 255 | 85,650.96 || 20,928 59
New Mexico.-------------------------- 1 80.00 20 17 | 6, 183.62 | 1, 545 91
Oregon ----------, - | 3 | 1,744.25 436 06 24 || 10,091.32 2,522 84
tah.as sº sº tº ſº º tº º ſº tº a tº e = * * * *s se as º ºs s is ºn sº tº º ºs º ºs = * 39 42,652.94 | 10, 664 35 162 25,827. 58 6,458 47
Washington --------------------------|--------|------------|------------ 6 540. 49 135 12
Wyoming-----------------------------|--------|------------|----------- 75 | 18, 191.61 4, 548 53
Total ---------------- * * * * * * * * * * * 741 271,604,91 || 67,654 69 957 298,586.07 || 74,168 45
*s
363
364
*
DESERT LANDS.
Sales of desert lands under the act of March 3, 1877, &c.—Continued.

1879. 1880.
State or Territory. *
: Area. Amount. ãº. Area. Amount.
:*: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 43 || 14, 136.28 $3,434 50 | 10 || 2,559.60 $640 00
California.---------------------------- 96 || 23,707.42 5,926 85 77 | 19, 321.60 4,831 29
Dakota ------------------------------- 2 720. 00 180 00 l. -------|----. ------|----------
Idaho--------------------------------- 18 4, 592.00 | 1, 148 28 32 || 10,150, 36 2, 537 63
Montana-----------------------------. 126 38,902.84 9,725 78 134 53,447.74 13,362 03
Nevada ------------------------------- 128 29, 316.82 7,329 74 77 16, 189.48 || 4,047 57
Mew Mexico.-------------------------- 16 || 6,570. 52 | 1,642 63 27 | 8,473.00 2, 118 25
Oregon ------- * † ºn s ſº tº º º sº º ºs tº e = * * * * * * * * * * 13 6, 115.82 1, 528 95 10 3,876.73 969 18
iftah...............................I. 74 | 12, 704. 78 3, 177 87 69 || 12,454.61 3, 114 21
Washington -------------------------- 6 1,000, 00 . 250 00 12 2,558. 11 639 54
Wyoming * - tº tº gº gº ºn e º 'º º ºr tº gº º sº tº º sº tº gº tº $º º sº ſº º º is 89 || 26, 601. 73 6, 650 35 98 || 33,570.06 || 8,392 93
Total --------------------------- 611 164, 368.30 | 40,994 95 546 162,601.29 |40, 652 63
RECAPITULATION BY FISCAL YEARS.
Years. IEntries. Acres. Amount.
1877 ---------------------------------------------------------------- 741 271,604.91 || $67,654 69
1878--------------------------------------------------------------- 957 || 298, 586. 07 74, 168 45
1879 --------------------------------------------------------------- 611 | 164,368.30 40,994 95
1880 ---------------------------------------------------------------- 546 162,601.29 40,652 63
Total.-------------------------------------------------------. 2,855 | 897, 160, 57 223,470 72

C H A P T E R X X XI.
To JUNE 30, 1883.
[See pages 1111–1157 and 1292.]
-----------------
--—---------,
PRIVATE LAN ID CLAIM S.
To JUNE 30, 1880.
ORIGIN AND NATURE.
Private land claims are a class of titles situated in different sections of country, now
constituting a part of the Union, having their origin under the governments preceding
the United States in sovereignty. - &
In virtue of the treaties of cession hereinbefore shown, the area of the public do-
main has been increased several times its original extent. This immense increase of
national territory embraced numerous individual foreign titles founded on written
grants or otherwise, in form extending even to nascent claims resting upon actual
settlement before change of government. The whole scope of Congressional legisla-
tion thereon shows how scrupulously this Government has made provision for fulfilling
treaty stipulations and the requirements of public law, so as to secure to individuals
their rights which originated under former governments. No nation has shown a
higher sense of justice in this respect or a more liberal spirit. We have acknowledged
and carried out the principle that, although sovereignty changes, private property is
unaffected by the change, and that all claims in this relation are to be maintained
Sacred, including those in contract, those executory, as well as those executed. Such
are the rulings of boards of commissioners for the examination of foreign titles, and
the decisions of the district courts and of the Supreme Court of the United States.
These courts in their rulings show how zealously private rights have been vindicated
and confirmed, while the records of our Government bear evidence of the fact that
multitudes of titles, derived under the former sovereignties of Great Britain, France,
Spain, and Mexico, depending for validity on their colonial laws (in some very few
instances they were direct from the Crown, although usually made through the in-
strumentality of the governors-general, intendants, subdelegates, and military com-
mandants), have been secured to the lawful owners. -
Turning to the national map it will be seen that these private claims or grants,
marking the progress of early explorations and settlements on this continent, begin
on the northern shores of the Michigan lower peninsula, come down to the old
French settlement at and near Detroit, pass over to Green Bay and Prairie du Chien
in Wisconsin, enter into Indiana at the old Vincennes post, down the eastern side of
the Mississippi, and in Illinois reach Peoria, Prairie du Rocher, and the Kaskaskias,
there resting on ancient British and French grants, and all within the limits of
the United States according to the treaty of limits in 1783. Thence such ancient
claims are found in descending the Mississippi under otherforms of grant and granting
officers, to the Gulf of Mexico, extending into the southern portions of Mississippi and
Alabama, and scattering all over both East and West Florida, crossing the Mississippi
and following the shores of the Gulf, they are found thickly scattered over Louisiana,
existing in Arkansas, and in great numbers in Missouri. & -
In those localities south of the thirty-first degree, east of the Mississippi, to the
Perdido, and those west of the Mississippi to the present State of Missouri, inclusive,
365
366 - PRIVATE LAND CLAIMS.
the claims are founded on Spanish and French titles, under treaty of 1803 and ancient
settlements; those east of the Perdido, in the Floridas, upon Spanish titles under the
treaty of 1819, and under old settlements.
In New Mexico, Colorado, Arizona, and California, as we advance westward, there
exist ancient Spanish titles, municipal and rural, claimed under the treaty of 1848
with Mexico, and what is known as the Gadsden purchase of December 30, 1853.
These claims are for irregular tracts, illy defined, bounded by streams or marked by
headlands, or natural objects in many cases since removed. They were made for
agricultural, mining, stock-raising, or colonization, in all sizes from a village lot to a
million-acre tract. The records kept by the granting authorities of Spain and Mexico
have been a serious hindrance in some cases toward a satisfactory solution, being fre-
quently of doubtful meaning.
These titles, in view of the obligations assumed by the United States to respect
private property where the same had legal inception under the former governments,
have passed under the examination of Congress, and, in other cases, the power of
confirmation has been delegated to the district courts, with a right of appeal to the
Supreme Court of the United States, by whose labors the edifice of provincial land
law has risen to its present complete proportions, but the greater number have been
confirmed by the judicial tribunals of the United States and others by direct legisla-
tive acts operating upon official reports submitted.
The United States, by the enlargement of the national domain, assumed obligations
under the public law, and by treaties, to recognize all titles which had lawful incep-
tion prior to the transfer of sovereignty and soil.
A primary and important duty required the separation of private from the public
property. t
There is no one branch of jurisprudence where greater research and extent of legal
erudition have been displayed than in the discussion and determination by the judicial
tribunals of the intricate questions which in this connection have arisen.
The rule of recognition of private land claims generally has been a broad one, and
they have been confirmed under the largest possible allowance of equity.
Ever since the province of Louisiana was acquired from France by the treaty of .
30th April, 1803, the United States have earnestly and patiently sought by every
proper expedient to induce persons claiming property in lands by virtue of grant,
concession, order of survey, permission to settle, or any other authority whatsoever
derived from former sovereigns, to make known their claims to the new Government,
in order that their lands might be distinguished from the mass of the vacant domain
which had vested in that new Government by the treaty, and which policy and neces-
sity demanded should be surveyed, brought into market, and speedily sold to reim-
burse the price paid by the United States for the province. In practically carrying
out this obvious and just design, many acts were passed, beginning with that of
March 2, 1805. They are very numerous, and for the most part have long since been
repealed, have expired by limitation, or have become obsolete; some of them applied
only to particular districts, others to the whole State; some were of short duration,
others were more extended, while others still revived, re-enacted, explained, or modified
those preceding; some provided boards of commissioners, with deputy commissioners,
before whom the claims were to be presented, while others, and the larger number,
made the registers and receivers for the established land districts ex-officio commis-
sioners for receiving and reporting on the claims; some conferred ample, others lim
ited, powers upon the commissioners, and all denounced severe penalties from time to
time against those who failed to present their claims.
DECISIONS OF THE SUPREME COURT OF THE UNITED STATES RELATING TO LOUISIANA
AND FLORIDA PURCHASES.
The decisions of the Supreme Court of the United States in cases relating to the
Louisiana purchase of 1803, and the Florida purchase of 1819, as to grants or private
PRIVATE LAND CLAIMS. - 367
land claims, are given below. The principles and law laid down therein fix the rule
of interpretation governing this class of claims, under the treaties applicable thereto.
The decisions of the Supreme Court, in cases arising under these treaties, have been:
By the treaty of St. Ildefonso, made on the first of October, 1800, Spain ceded Louis-
iana to France; and France, by the treaty of Paris, signed the 30th of April, 1803,
ceded it to the United States. Under this treaty the United States claimed the countries
between the Iberville and the Perdido. Spain contended that her cession to France
comprehended only that territory which, at the time of the cession, was denominated
Louisiana, consisting of the island of New Orleans, and the country which had been
originally ceded to her by France west of the Mississippi. The land claimed by the
plaintiffs in error, under a grant from the Crown of Spain, made after the treaty of
St. Ildefonso, lies within the disputed territory; and this case presents the question, to
whom did the country between the Iberville and Perdido belong after the treaty of
St. Ildefonso? Had France and Spain agreed upon the boundaries of the retroceded
territory before Louisiana was acquired by the United States, that agreement would
undoubtedly have ascertained its limits. But the declarations of France, made after
parting with the province, cannot be admitted as conclusive. In questions of this
character, political considerations have too much influence over the conduct of nations
to permit their declarations to decide the course of an independent government in a
matter vitally interesting to itself. (Foster et al. v. Neilson, 2 Peters, 306.) -
If a Spanish grantee had obtained possession of the land in dispute, so as to be the
defendant, would a court of the United States maintain his title under a Spanish grant,
made subsequent to the acquisition of Louisiana, singly on the principle that the
Spanish construction of the treaty of St., Ildefonso was right, and the American con-
struction wrong? Such a decision would subvert those principles which govern the
relations lºween the legislative and judicial departments, and mark the limits of each.
(Ibid., 309.)
The sound construction of the 8th article of the treaty between the United States
and Spain, of the 22d of February, 1819, will not enable the court to apply its pro-
visions to the case of the plaintiff. (Ibid., 314.)
The article does not declare that all the grants made by his catholic majesty before
the 24th of January, 1818, shall be valid to the same extent as if the ceded territories
had remained under his dominion. It does not say that those grants are hereby con-
firmed. Had such been its language, it would have acted directly on the subject, and
it would have repealed those acts of Congress which were repugnant to it; but its lan-
guage is that those grants shall be ratified and confirmed to the persons in possession,
&c. By whom shall they be ratified and confirmed? This seems to be the language
of contract ; and if it is, the ratification and confirmation which are promised must
be the act of the legislature. Until such acts shall be passed, the court is not at lib-
erty to disregard the existing laws on the subject. (Ibid.)
By the treaty by which Louisiana was acquired, the United States stipulated that
the inhabitants of the ceded territories should be protected in the free enjoyment of
their property. The United States, as a just nation, regard this stipulation as the
avowal of a principle which would have been held equally sacred, although it had not
been inserted in the treaty. (Soulard et al. v. The United States, 4 Peters, 511.)
The term property, as applied to lands, comprehends every species of title, inchoate
or complete. It is supposed to embrace those rights which lie in contract; those which
are executory, as well as those which are executed. In this respect the relations of the
inhabitants of Louisiana to their government is not changed. The new government
takes the place of that which has passed away. (Ibid.) -
The stipulations of the treaty ceding Louisiana to the United States, affording that
protection or security to claims under the French or Spanish government to which the
act of Congress refers, are in the first, second, and third articles. They extended to all
property, until Louisiana became a member of the Union; into which the inhabitants
were to beincorporated as soon as possible, “and admitted to all the rights, advantages,
and immunities of citizens of the United States.” The perfect inviolability and security
of property is among these rights. (Delassus v. The United States, 9 Peters, 117.)
The right of property is protected and secured by the treaty, and no principle is bet-
ter settled in this country than that an inchoate title to land is property. This right
would have been sacred, independent of the treaty. The sovereign who acquires an
inhabited country, acquires full dominion over it; but this dominion is never supposed
to divest the vested rights of individuals to property. The language of the treaty
ceding Louisiana excludes any idea of interfering with private property. (Ibid.)
After the acquisition of Florida by the United States, in virtue of, the treaty with
Spain of 22d of February, 1819, various acts of Congress were passed for the adjust-
368 > z PRIVATE LAND CLAIMS.
ment of private land claims within the ceded territory. The tribunals authorized to
decide on them were not authorized to settle any which exceedeº a league square; on
those exceeding that quantity they were directed to report, especially, their opinion
for the future action of Congress. The lands embraced in the larger claims were
defined by surveys, and plats retained. These were reserved from, sale, and remained
unsettled until some resolution should be adopted for a final adjudication of them,
Which was done by the passage of the law of the 22d May, 1828. By the sixth section
it was provided “that all claims to land within the Territory of Florida, embraced by
the treaty, which shall not be finally decided and settled under the provisions of the
same law, containing a greater quantity of land than the commissioners were author-
ized to decide, and above the amount confirmed by the act, and which have not been
reported as antedated or forged, shall be received and adjudicated by the judges of the
superior court of the district in which the land lies, upon the petition of the claimant,
according to the forms, rules and regulations, conditions, restrictions, and regulations
prescribed to the district judge, and to the claimants, by the act of 26th May, 1824.”
By a proviso, all claims annulled by the treaty, and all claims not presented to the
commissioners, &c., according to the acts of Congress, were excluded. (United States
v. Arredondo et al., 6 Peters, 706.)
The validity of concessions of land by the authorities of Spain in East Florida is
expressly recognized in the Florida treaty, and in the several acts of Congress. (Ibid.)
The eighth article allows the owners of land the same time for fulfilling the condi-
tions of their grants from the date of the treaty as is allowed in the grant from the
date of the instrument, and the act of the 8th of May, 1822, requires every person
claiming title to lands under any patent, grant, concession, or order of survey dated
previous to the 24th of January, 1818, to file his claim before the commissioners
appointed in pursuance of that act. All the subsequent acts on the subject observe
the same language; and the titles under these concessions have been uniformly con-
firmed when the tract did not exceed a league square. (Ibid.)
A claim to lands in East Florida, the title to which was derived from grants by the
Creek and Seminole Indians, ratified by the local authorities of Spain before the cession
of Florida by Spain to the United States was confirmed. It was objected to the title
claimed in this case, which had been presented to the superior court of Middle Florida,
under the provisions of the act of Congress for the settlement of land-claims in Florida,
that the grantees did not acquire, under the Indian grants, a legal title to the land:
Held, That the acts of Congress submit these claims to the adjudication of this court
as agourt of equity; and those acts, as often and uniformly construed in its repeated
decisions, confer the same jurisdiction over imperfect, inchoate, and inceptive titles,
as legal and perfect ones, and require the court to decide by the same rules on all
#. ºted to it, whether legal or equitable. (Mitchell etal. v. The United States,
eters, 711.)
Under the Florida treaty, grants of land made before the 24th January, 1818, by his
catholic majesty, or by his lawful authorities, stand ratified and confirmed to the same
extent that the same grants would be valid, if Florida had remained under the domin-
ion of Spain; and the owners of conditional grants, who have been prevented from
fulfilling all the conditions of their grants, have time by the treaty extended to them
to complete such conditions. That time, as was declared by the Supreme Court in
Arredondo's case, 6 Peters, 478, began to run in regard to individual rights from the
ratification of the treaty; and the treaty declares, if the conditions are not complied
with within the terms limited in the grant, that the grants shall be null and void.
(United States v. Kingsley, 12 Peters, 476.)
The treaty with Spain by which Florida was ceded to the United States, is the law
of the land, and admits the inhabitants of Florida to the enjoyment of the privileges,
rights, and immunities of the citizens of the United States. They do not, however,
participate in political power; they do not share in the Government until Florida
shall become a State. In the mean time Florida continues to be a Territory of the
United States, governed by virtue of that clause in the Constitution which empowers
“Congress to make all needful rules and regulations respecting the territory or other
property belonging to the United States.” (American Ins. Co. v. Three Hundred and
Fifty-six Bales of Cotton, 1 Peters, 542.)
The object of the treaty with Spain which ceded Florida to the United States, dated
22d February, 1819, was to invest the commissioners with full power and authority to
receive, examine, and decide upon the amount and validity of asserted claims upon
Spain, for damages and injuries. Their decision, within the scope of this authority, is
conclusive and final, and is not re-examinable. The parties must abide by it as a decree
of a competent tribunal of exclusive jurisdiction. A rejected claim cannot be brought
again under review, in any judicial tribunal. But it does not naturally follow that
this authority extends to adjust all conflicting rights of different citizens to the fund
PRIVATE LAND CLAIMS. 369.
so awarded. The c issioners are to look to the original claim for damages and
injuries against Späiſitself; and it is wholly immaterial who is the legal or equitable
owner of the claim, provided he is an American citizen. (Comegy's et al. v. Wasse, 1
Peters, 212.)
After the validity and amount of the claim has been ascertained by the award of
the commissioners, the rights of the claimant to the fund, which has passed into his
hands and those of others, are left to the ordinary course of judicial proceedings in the
established courts of justice. (Ibid.)
The treaty with Spain recognized an existing right in the aggrieved parties to com-
pensation, and did not, in the most remote degree, turn upon the notion of donation
or gratuity. It was demanded by our Government as matter of right, and as such was
granted by Spain. (Ibid, 217.)
The right to compensation from Spain, held under abandonment made to under-
writers, and accepted by them for damages and injuries, which were to be satisfied
under the treaty by the United States, passed to the assignees of the bankrupt, who
held such rights by the provisions of the bankrupt law of the United States, passed
April 4, 1800. (Ibid.)
The King of Spain was the grantor in the Florida treaty; the treaty was his deed;
the exception was made by him; and its nature and effect depended on his intention,
expressed by his words, in reference to the thing granted, and the thing reserved and
excepted in the grant. The Spanish version was in his words, and expressed his in-
tention; and although the American version showed the intention to be different, the
Supreme Court cannot adopt it as a rule to decide what was granted, what excepted,
and what reserved. (United States v. Arredondo ct al., 6 Peters, 741.)
Even in cases of conquest it is very unusual for the conqueror to do more than to
displace the sovereign and assume dominion over the country. The modern usage of
nations, which lias become law, would be violated; that sense of justice and of right,
which is acknowledged and felt by the whole civilized world, would be outraged if
private property should be generally confiscated, and private rights annulled, on a
change in the sovereignty of the country by the Florida treaty. The people change
their allegiance, their relation to their ancient sovereign is dissolved, but their rela-
tions to each other, and their rights of property remain undisturbed. Had Florida.
changed its sovereign by an act containing no stipulation respecting the property of
individuals, the right of property in all those who became subjects or citizens of the
new government would have been unaffected by the change. It would have remained
the same as under the ancient sovereign. (United States v. Percheman, 7 Peters, 51.)
The language of the second article of the treaty between the United States and
Spain, of 22d February, 1819, by which Florida was ceded to the United States, con-
forms to this general principle. (Ibid.)
The eighth article of the treaty must be intended to stipulate expressly for the se-
curity to private property, which the laws and usages of nations would, without ex-
press stipulation, have conferred. No construction which would impair that security,
further than its positive words require, would seem to be admissible. Without it, the
titles of individuals would remain as valid under the new government as they were
under the old. And those titles, so far at least as they were consummated, might be
asserted in the courts of the United States, independently of this article. (Ibid.)
The treaty was drawn up in the Spanish as well as in the English languages. Both
are original, and were unquestionably intended by the parties to be identical. The
Spanish has been translated; and it is now understood that the article expressed in
that language is, that “the grants shall remain ratified and confirmed to the persons
in possession of them, to the same extent,” &c., thus conforming exactly to the uni-
versally received law of nations. (Ibid.) -
If the English and Spanish part can, without violence, be made to agree, that con-
struction which establishes this conformity ought to prevail. (Ibid.)
No violence is done to the language of the treaty by a construction which conforms
the English and Spanish to each other. Although the words “shall be ratified and
confirmed” are properly words of contract, stipulating for some future legislation,
they are not necessarily so. They may import that “they shall be ratified and con-
firmed” by force of the instrument itself. When it is observed that in the counterpart
of the same treaty, executed at the same time, by the same parties, they are used in
this sense, the construction is proper, if not unavoidable. (Ibid.)
In the case of Foster v. Neilson, 2 Peters, 253, the Supreme Court considered those
Words importing a contract. The Spanish part of the treaty was not then brought
into view, and it was then supposed there was no variance between them. It was not
24 L O—VOL III
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l
370 - PRIVATE LAND CLAIMS.
supposed that there was even a formal difference of expression in the same instrument,
drawn up in the language of each party. Had this circumstance been known, it is be-
lieved it would have produced the construction which is now given to the article.
(Ibid.) e
PRIVATE LAND CLAIMS UNDER THE DEFINITIVE TREATY WITH GREAT BRITAIN, SEP-
TEMBER 3, 1783.
The first private land claims the United States had to consider were within the
national domain as settled by the definitive treaty of peace with Great Britain, Sep-
tember 3, 1783. They were in the Northwestern Territory, at Post Vincennes, now in
Indiana, and at Kaskaskia, now in Illinois, and up the Mississippi River. These
grants or concessions were made to French or British citizens, and others, for agricul-
tural lands, farms, town lots, &c. They were made by French and British military
commandants prior to the year 1783, but usually were written upon a small scrap of
paper. They were seldom, if ever, recorded in the notary’s office, and so were lost or
destroyed. One of the royal notaries, during the government of France, ran away
with all the records of Post Vincennes. These were mentioned and the lands embraced
in them reserved by the State of Virginia in her cession to the Nation of her western
lands. Gov. Arthur St. Clair issued a proclamation at Kaskaskia in March 1790, call-
ing upon all claimants to file evidence of their title.
Grants were attempted by John Todd, for Kaskaskia, sent by Virginia to regulate
the government of Post Vincennes and the country claimed by the State of Virginia,
in his proclamation of June 15, 1789. The British and French commandants of Post.
Vincennes delegated their authority to grant lands, which they assumed to have, be-
cause such usage was the rule with their respective governments, to a court of civil
and criminal jurisdiction, whose grants, before 1783, amounted to 26,000 acres, and
after that time and to 1787 to 22,000 acres, in parcels of 400 acres to heads of families
for house lots. (For details of these grants see American State Papers, vol. 1.) The
State of Virginia opened such a court in the year 1780. (See American State Papers,
vol. 1, Public Lands; also proclamations of General Gage, British commander, from
New York, December 30, 1764, and April 8, 1772.)
These grants were all equitably adjusted by the United States, by aid of a series of
commissions and commissioners, running through a space of more than forty years.
(See Stats. at Large.)
During the British government of the Northwestern Territory, now Ohio, Indiana,
Illinois, Michigan, &c., beginning in the Wabash country, numbers of persons organ-
ized themselves into companies for colonization and trading, holding lands, &c. They
were organized under different names, such as the Ohio, the Wabash, the Illinois,
the Mississippi, and Vandalia companies. These companies claimed a vast region of
country extending north of the Ohio, from the Muskingum to and beyond the Wabash
and north into Michigan. Some of them obtained permits on conditions which were
never fulfilled, and others were in Inegotiation when the definitive treaty of peace in
1783 ended British rule. Their titles were never confirmed by grants. The Illinois
and Wabash Companies claimed several millions of acres on those rivers on titles
derived solely from Indian purchases, made in 1773–75, by unauthorized individuals.
Such purchases were expressly forbidden by the King of England in his proclamation
of 1763, under which England assumed government of the country embraced within
the Northwestern Territory. A commission was appointed, under authority of Con-
gress, which reported against most of their claims.
Among claims of the character above set out was one known as the Captain Carver
claim for six or seven millions of acres of land on the east side of the Mississippi River,
between the falls of Saint Anthony and Lake Pepin, in Illinois Territory. The alleged
grantee claimed title on a deed of gift from the Naudowessie Indians, with whom he
passed the winter of 1766–67, being contrary to the King's proclamation of 1763, in rela- .
tion to lands held by Indians, which prohibited and forbid such transfers of titles to
PRIVATE LAND CLAIMS. - 3.71
lands or acceptance of the same. Shares were sold in this grant, and its limits can be
found marked on the map of the United States published by Melish in 1811–12. This
claim was not confirmed. For a list of land commissioners at various times, beginning
with Arthur St. Clair, December 10, 1794, and running through a series of more than
40 years, see Laws Relating to Public Lands, by Matthew St. Clair Clarke, Washington,
D. C., 1878.
There were also some large grants made by Col. John Wilkins, British commander
near Kaskaskia, Illinois, in favor of J. Edgar and J. M. St. Clair, at Fort Chaitres,
April 12, 1769. There was no evidence that these grants were ever confirmed by
the British Government. August 12, 1800, Gov. Arthur St. Clair, commissioner to ad-
just titles in the Illinois country and at Vincennes, on the Wabash, under acts of Con-
gress of June 20 and August 28, 1788, issued an act of confirmation, but this was void,
because his powers over that part of the territory had ceased July 4 preceding, by the
establishment of Indiana Territory. This tract contained about 30,000 acres. For
details of these grants and claims for grants, see American State Papers, vol. 1, Public
Lands, and “Laws of United States having operation and respect to the Public Lands,”
Albert Gallatin, Washington, D.C., 1817. -
The grants in what is now the State of Michigan were for agricultural lands adja-
cent to the town of Detroit. Some of these grants dated back to the French discovery
and occupation, and came from the French governor of Canada and Louisiana. About
the year 1700 they were issued by the commandant of the King, at Detroit; next by the
governor and intendant of New France and Louisiana, in the years 1735 and 1737, and
confirmed by the King. There were additional grants after this by the same power.
After 1763, by proclamation of the King of Great Britain, grants of land were made
by the governor of the province of Quebec (of which the present State of Michigan
formed a part), until after 1783. -
Commissioners were appointed by Congress, under the act of March 26, 1809, to coll-
sider and report upon all these claims. (See report of G. Hoffman and Fred. Bates;
also of Judge A. B. Woodward, vol. 1 Public Lands, American State Papers)
These claims, as reported, were confirmed upon equitable principles, and were for
small tracts of land, and affected a little more than 500 settlers. The largest grants.
made under the French governors seldom exceeded 360 American acres, but were
generally much less. Under British rule there were about 100 claimants for lands held
under grants. These are still pending in the General Land Office.
GRANTS IN WEST FLORIDA.
There were a series of grants in what is now the State of Mississippi, within the
jurisdiction of the United States, which had been made by the British governors of
the British province of West Florida prior to 1783. This province embraced so much
of the present States of Alabama angl Mississippi as lie north of the parallel 31° north
latitude (the present north boundary line of the State of Florida) to a line drawn east
across the two States from the mouth of the Yazoo River. -
The United States, by the act of Congress of March 3, 1803, provided for the confir-
lmation of these claims, requiring, in the first instance, actual settlement upon the
land. These claims have been settled and confirmed. They were few in number, and
the area small. (See American State Papers, Public Lands, vols. 1 and 2.)
PRIVATE LAND CLAIMS UNDER THE TREATY OF APRIL 30, 1803, witH FRANCE, FoR
THE PURCHASE OF THE PROVINCE OF LOUISIANA.
April 30, 1803, the United States purchased from France the province of Louisiana.
The area embraced within this purchase contained numerous grants and claims for
grants alleged to have been issued from under the hand of the agents of the two great
colonizing powers which preceded the United States in sovereignty.
The first man that crossed the Mississippi was undoubtedly De Soto, who reached it
by land more than two and a quarter centuries ago, taking a northwesterly direction
372 IPRIVATE LAND Cſ, Al MS.
from the country of the Appalachicolas in Florida, east of Flint River; and yet the
Spaniards had navigated the Gulf of Mexico for nearly two centuries without being
aware that the largest river on the globe discharged its waters into that American sea.
In 1672 the French, who had settled a century before in Canada, had learned from
the Indians that the sources of a great river running South existed in the vicinity or
the lakes. In the year following, Marquette and Joliet crossed the country from Lake
Michigan to the Mississippi, descending that river to the Arkansas. A few years later
(1679) La Salle set out on an exploration of the Mississippi Valley, and subsequently
descended the Illinois to its junction with the Mississippi, passing the mouth of the
Missouri, erecting the cross by the Arkansas, and planting the arms of France near the
Gulf, taking possession, on behalf of his nation, founding the Fort of Saint Louis, and
giving the country the name of Louisiana from his sovereign, Louis XIV. At a later
period. D'Iberville sailed from Rochelle, in France, reaching (1699) by sea the mouth of
the Mississippi. The French, when possessing a great portion of this continent, ap-
plied the general name of Louisiana to all the territories south and west of Canada.
More than half a century subsequent to the events just mentioned, D'Abbadie, di-
rector-general of Louisiana, granted to Pierre Lequiste La Clede, and company the
right to trade with the Indians. On the 15th of February, 1764, he established the
site of Saint Louis, the government of the country having been organized in 1765 by
Saint Ange, although three years prior to the latter date, by a special act, done at
Fontainbleau, November 3, 1762, France, by secret treaty, had ceded Louisiana to
Spain; yet it was not until the 21st of April, 1764, that Louis XV dispatched orders
from Versailles to the French director-general and commandant, D'Abbadie, in Louis-
iana, to acquaint the colony with the transfer, which, however, did not pass under
actual Spanish domination until 1768, when the captain-general, Don Antonio D'Ulloa,
assumed the chief provincial authority, yet was succeeded by the Spanish General
O'Reilly, who suppressed the French resistance to the transfer. The political and
land adruinistration in Upper Louisiana, thereafter passed under the jurisdiction of
Lieutenant-Governor Pedro Piernas, 1770; Francisco Cruzat, 1775; Fernando de Leyba,
1778; Francisco Cruzat, 1780; Manuel Pierez, 1787; Zenon Trudeau, 1792; Carlos De-
hault Delassus, 1799. g -
During the administration of these Spanish lieutenant-governors, the granting
power of the royal domain was freely exercised in Upper Louisiana, and the records
of these grants, which lie at the foundation of the early Missouri titles, are found in
the Livres Terreins.
By secret treaty of October 1, 1800, at St. Ildefonso, Spain ceded the province ac-
cording to its ancient limits to the French Republic, and by treaty of 1803, Napoleon,
as First Consul, transferred Louisiana to the United States, Laussat, the French com-
missioner, having announced this on the 30th of November, 1803, at New Orleans.
Thereupon the Spanish Marquis de la Casa Calvo delivered possession, absolving the
Spanish subjects who might remain from their oath of fidelity to the Catholic King,
the French authority having lasted only from the 30th of November to the 20th of
December, 1803, at which latter date the sovereighty was transferred to the United
States. -
In virtue of the treaties and public acts aforesaid, the United States succeeded to
the sovereignty and proprietary ownership of the public land in the vast territory to
which La Salle had given its name, and the duty thereupon devolved upon this
Government of carrying out the ultramarine land policy of France and Spain in regard
to grants valid under treaty, in connection with the American land system under
numerous laws which have since been passed by Congress.
The French and Spanish pioneers have left the evidences of their power and the
memorials of their peculiar agrarian systems in the diversified, irregular forms of
grants, from urban in-lots and out-lots, rural tracts of inconsiderable dimensions, from
100,200, 300, 800, 1,600, to 7,056 arpens, or a league square, and increasing in extent by
tens of thousands of arpens, the arpent of Paris being the standard of provincial meas-
urement.
£e
PRIVATE LAND CLAIMS. 373.
The grants made by these Spanish and French governors were within what is now
the States of Louisiana, Missouri, and Iowa, āºnd have been generally acted upon by
the United States, and confirmed or rejected, except in the State of Louisiana, where.
there are still some unadjudicated claims now filed for grants or pretended concessions
for millions of acres of land. Many of those filed ran through years of litigation.
Among these were several famous claims.
THE BASTROP GRANT.
º
Bastrop's claim was located on the river Washita, in the Territory of Orleans. This
was only a contract between the Spanish governor of Louisiana and Baron Bastrop, by
which a tract 12 leagues square was promised to him on condition of his settling thereon
500 families, to each of which 400 arpens of the land was to be allotted gratis. The
whole tract was claimed as a fee-simple estate, held under a complete title, but was
rejected by the Supreme Court of the United States.
In pursuance of the act of 3d March, 1851, certain claims were presented to the reg-
ister and receiver at Monroe, La., for confirmation, upon which those officers made a
report, 30th July, 1852, which was confirmed by the act of June 29, 1854. The par-
ties who presented said claims generally claimed title under de Bastrop. (10 Stats,
p.299.) -
THE MAISON ROUGE CLAIM.
The Maison Rouge claim, also on the river Washita, was of the same nature with the
preceding. But the contract was approved by the King of Spain, and a certificate was,
subsequent to the cession to the United States, obtained from the Spanish officers,
stating that the conditions had been fulfilled by the claimant. There was no patent
in either case; and the assent of the King, which, from its being obtained to the con-
tract with Maison Rouge, seems to have been requisite in large grants. It may be
generally observed that, the archives and documents relative to the domain of Louisi-
ana not having been left, in conformity with the treaty, in the possession of the United
States, the extent of the powers of the governors or intendants to grant land beyond
the usual concessions to settlers not being known it was difficult to decide on the
validity of many claims. This grant was also rejected by the Supreme Court of the
United States.
THE HOUMAS GRANT.
The Houmas claim was for land on the island of New Orleans. This claim was
originally for a tract about a league in length, on the left bank of the Mississippi, with
a depth of about half a league. The owner having no timber, asked and obtained from
the Spanish governor of Louisiana a back concession as far as the vacant lands extended.
The owners claimed all the land contained between the lines, protracted on onc hand
to Manchac at the mouth of the Iberville, and on the other to the lower extremity of
Lake Maurepas; which would include about 120,000 acres of the most valuable vacant
land on the island, but the grant has been decided by the Secretary of the Interior to
be valid only to the extent of 42 arpens from the Mississippi River.
LEAD MINES AT GENEVIEVE.
Two extensive claims, of a doubtful nature, were laid to some of the lead mines
near Genevieve and other settlements in Louisiana. The first derived from Philip
Renaut, to whom a grant had been made in 1723, by the local authorities, and who
returned to France in 1744, from which time his claim had lain dormant till the year
1807. The power of the officers who made the grant is doubted; and if the char-
ter of the French western or Mississippi company, was similar to that of Crozat, mines
on being abandoned for three years reverted to the Crown. The other rested on an ap-
plication of St. Vrain Lassus, to the governor of Louisiana, for 10,000 acres to be
located on lead mines, Salt springs, &c., where, and in as many tracts as, the applicant,
374 1 PRIVATE LAND CLAIMS.
might choose. The governor, in February, 1796, wrote at the bottom of the petition,
“granted.” But no warrant of survey was given, nor any attempt made to take up
any land during the continuance of the Spanish authorities: The present holder of
the supposed grant claims, by virtue of it, and efforts are now being made in Congress
to secure the confirmation of the same or its equivalent in certificates of location.
DUBUQUE LEAD MINES.
The claim to Dubuque's lead mines in Louisiana, about 500 miles above Saint
Louis, now in Iowa, and including 140,000 acres of land, was dérived from a ces-
'sion by the Indian tribe of Foxes, which appears to have been a mere personal per-
mission to Dubuque to occupy and work mines as long as he pleased. The confirma-
tion by the Spanish governor of Louisiana, only granted the petitioner's request to keep
peaceable possession, according to the tenor of the Indian permission. There was
neither order of survey nor patent, but the land was nevertheless claimed as if held
under a perfect title. -
Toward the close of the last century Julien Dubuque found his way up to this dis-
tant point, over 1,600 miles above New Orleans. On the 22d September, 1788, the
Renards, the Fox or Ontagami Indians, held a full council at Green Bay. They there
declared they had given permission to Julien Dubuque, whom they called Little Night,
to work the mines in that locality as long as he pleased, and that they had sold and
abandoned to him all the coast and contents of the mine discovered by Peosta's wife,
so that no one could make any claim without the consent of the Sieur Julien Dubuque.
Eight years afterward Dubuque petitioned the governor-general of Louisiana, the
Baron de Carondelet, at New Orleans, to grant him the peaceable possession of the
premises, which he had designated Spanish Mines, in honor of the country of his adop-
tion. The petition was referred to the merchant (Indian trader) Don Andres Todd.
In the information returned to the governor no objection was interposed to the grant,
with the condition that the grantee should observe the royal regulations relative to
the trade with the Indians. The concession was made accordingly at New Orleans on
the 10th December, 1796, by the governor-general, Carondelet, who was the fourth
successor of General O'Reilly, mentioned in the foregoing as having crushed out
French resistance to the transfer of Louisiana to Spain, Unzaga, Galvez and Miro hav-
ing been the intermediate governors. The Dubuque-Chouteau title (Chouteau having
become part purchaser) was drawn fully in review thirteen years ago by the Supreme
Court of the United States (Chouteau v. Molony, 16 Howard), in which it was ruled,
in substance, to be merely a privilege to search for mines, and so as a complete or valid
allodial title it fell to the ground, having no status against the proprietary rights of
the United States in virtue of the treaty of cession in 1803.
The colony established by Dubuque, whose remains lie buried in the blaff, was
driven away by the Indians; but white settlements were re-established in 1830; the
Indian title was extinguished in 1833. -
NEW ORLEANS BATTURE.
This claim rested on a supposed right of alluvion. This is the case in which Mr.
Jefferson and Mr. Edward Livingston had their famous contest. The batture was the
land made by accretion or deposit of the Mississippi River, in this instance in front of
the city of New Orleans. The lands embraced in it were surveyed into squares and
lots and sold at auction. The money was deposited to the credit of the Supreme Court
of the United States to await decision of the cause. That court decided in favor of .
... the city of New Orleans. One attorney in this cause received a fee of $100,000 (Mr.
Grymes). Mr. Webster, Mr. Jefferson, and Mr. Grymes were in this cause for the
Government and city, and Mr. Edward Livingston against them. It was claimed that
the batture was embraced within the lines of a plantation adjoining New Orleans,
purchased from the Crown forty years prior to the cession of Louisiana to the United
States. -
PRIVATE LAND CLAIMS. 375
REFERENCES.
For form of grafits, authorities to Spanish and French governors and intendants,
regulations as to use of grants, &c., in the Province of Louisiana, see “Laws Relating
to the Public Lands,” appendix, 1827.
Also, see U. S. Stats. at Large for the several acts of Congress after 1804, relating
to private land claims in the Province of Louisiana, i. e., in the States of Louisiana,
Missouri, &c.
Also, see Mr. Gallatin's instructions to the land commissioners in Louisiana and
Missouri, to J. B. C. Lucas, C. B. Penrose, and J. L. Donaldson, commissioners on
behalf of the United States, September 3, 1806, and November 14, 1806.
See American State Papers, vol. 2, Public Lands. ©
See “Laws, Charters, and Local Ordinances of Great Britain, France, and Spain,” re-
lating to concessions of land in their colonies, J. M. White, 2 vols., 1839.
METHODS OF CONFIRMATION.
Boards of commissioners were instituted by various acts of Congress, beginning on
March 2, 1805, for the purpose of investigating these claims, one for Louisiana, two
for the Mississippi, and two for the Orleans Territory. The rules prescribed by law
to the commissioners have varied according to the nature of the claims respectively
coming before them. But the object appears uniformly to have been to guard against
unfounded or fraudulent claims, to confirm all bona fide claims derived from a legiti-
mate authority, even when the title had not been completed, and to secure in their
possessions all the actual settlers who were found on the land when the United States
took actual possession of the country where it was situated, though they had only a
right of occupancy. In some cases, also, a right of pre-emption has been granted to
persons who had occupied lands in the Mississippi Territory subsequent to the time
when the United States had taken possession. The commissioners in that Territory
were authorized to decide finally on the claims; they completed their work, and the
boards were dissolved. The commissioners for the Territories of Michigan, Indiana,
and Illinois were only authorized to investigate the claims, and to report their opinion
to Congress. Their respective reports were made years ago, and their confirmations
ratified by Congress, and the whole business completed. In the Territories of Orleans
and Louisiana, the commissioners were authorized to decide finally on all claims not
exceeding one league square, and to report their opinion to Congress on those of a
greater extent, or for lead mines. -
June 22, 1860, Congress passed an act for the final adjudication of private land
claims in the States of Florida, Louisiana, and Missouri.
The act constituted the registers and receivers of the several land offices in Florida,
Louisiana, and the recorder of land titles at Saint Louis for the State of Missouri,
commissioners to hear and decide, under instructions from the General Land Office,
all matters respecting claims to land within their several districts. The law con-
ferred power upon them to receive only such claims as were founded on written grants,
and hence interdicted action upon any interest founded merely on ancient settlement,
when the same was unaccompanied by paper title from the authorities of the former
government. -
This act was continued in force for three years by act of Congress of March 2, 1867,
and was revived, amended, and extended, by the act of June 10, 1872, for three years
longer. These statutes authorized the reception and action upon such claims for
tracts within the several districts as emanated from any foreign government, bearing
date prior to the cession to the United States of the territory out of which the States
were formed, or during the period when any such government claimed sovereignty or
had the actual possession of the district or territory in which the lands so claimed
are situated. This warranted them in receiving and acting, not only upon claims
which originated under the former governments while the authorities exercised the
granting power de jure, before the cession of the country, but also allowed claims to
be received which were made by the Spanish authorities while they were in actual
occupancy of territory as the government de facto. Thus, for example, Spain parted
376 . PRIVATE LAND CLAIMs.
with authority over the province of Louisiana by the secret treaty of 1800 at San
Ildefonso, when that power ceded Louisiana to France. During the period that
elapsed from that time to the cession to the United States in 1803, by Napoleor, the
Spanish authorities exercised the granting power; and so, several years subsequent
to 1803, Spain, while in occupancy of the ancient province of Louisiana between the
Iberville or Manchac and the Perdido, continued to make land concessions; and dur-
ing this period the grants were, of course, those of the government de facto. Titles
of this class stood excluded by the ruling of the Supreme Court of the United States
in the case of Foster and Elam v. Neilson (2 Peters, 253), in which an elaborate de-
cision was rendered by the Chief Justice against their validity under the then existing
laws and treaties. By the force and effect of the said acts of 1860 and 1867, a status
was given to claims founded on titles from de facto governments after the authority
de jure had passed from them, a principle being thus legislatively recognized which
had not previously been admitted in the judicial rulings of the Supreme Court of the
United States.
The act of June 12, 1866, provided for the confirmation of outstanding titles in Saint
Louis, and so the private land claims and grants have all been adjusted, with ex-
ceptions noted, under the definitive treaty of peace with Great Britain in 1783, under
the Spanish purchase, and all under the Louisiana purchase of 1803, except in the
State of Louisiana. -
In the United States surveyor-general's office at New Orleans are filed 784 claims
for lands granted under authority of the sovereigns of France or Spain prior to the
acquisition of the territory by the United States under the treaty of purchase of 1803.
These claims have been located and surveyed. Many of them were surveyed by the
United States in 1830, fifty years ago. They aggregate about 80,000 acres, and in area
are from 0.34 of an acre to one of 2,792 acres. .
These are now awaiting an act of confirmation by Congress, the full details being
given in the report of the surveyor-general of Louisiana, together with a list of such
claims now pending. See, also, “Letter from the Secretary of the Interior,” of date
March 8; 1880, transmitting information as to these claims. (S. Ex. Doc. No. 111,
second session, Forty-sixth Congress.) .
Relative to private land claims in Louisiana, it would be impossible without a long
and tedious examination of the files, containing many thousands cases both patented
and unpatented, to approximate with any degree of certainty the number of claims
not patented, and for which patent certificates and special plats of Survey are on file
in the General Land Office.
The claims are disposed of as called up by the parties in interest, or their duly
authorized attorneys—e.g., an application being made for a patent in a specifie case, an
an examinationis first made of the files, of which there are alphabetical indexes showing
the name of the confirmee, and if the necessary papers are found constituting the basis
of patent, they are examined to ascertain that the confirmation is properly set forth
therein, which fact must also be carefully inquired into from the records, that the
claim is correctly surveyed, and, generally, that the papers are in all respects correct;
then, if the examination results satisfactorily, the patent is issued; while, on the other
hand, if the papers are not found the party is so advised, and they must be filed
before action is taken.
The foregoing statement has reference merely to such cases as are pending upon ap-
plications for patents. --
The claims, aggregating many thousands, which have been reported by the various
boards of commissioners, and confirmed by Congress from time to time, might be
properly termed cases in the General Land Office for action, although in numerous
instances the papers constituting the bases of patents are not on file there.
The reports are there, however, and as that office is repeatedly called upon to furnish
information upon questions of title, they afford ample facilities for that purpose.
This also applies to Alabama, Mississippi, Arkansas, Florida. Missouri, Illinois,
Indiana, and Michigan.
PRIVATE LAND CLAIMS. . 377
CLAIMS UNDER THE TREATY WITH spAIN OF FEBRUARY 22, 1819, FOR THE PROVINCES
OF EAST AND WEST FILORIDA.
By the eighth article of the treaty of cession with Spain the provinces of East and
West Florida were ceded to the United States, provision being made for the protec-
tion of the inhabitants in their real possessions.
Immediately after the United States took possession Congress acted upon this mat-
ter by passing an act, May 8, 1822, providing for the appointment of commissioners to
receive and file claims for cessions prior to January 24, 1818. By the supplemental
act of May 23, 1828, provision was made for the final adjudication of all private land
claims by the judges of the superior courts of the districts wherein the lands claimed
were situated. This act provided a mode of procedure in the courts and for an appeal,
in case of judgment against the United States, to the Supreme Court of the United
States. Numerous confirmations were made in pursuance of these laws, which were
subsequently surveyed by the United States.
The number of surveyed private land claims in Florida, as shown by the plats of the
same in the “History of Florida,” prepared by the surveyors-general of said State,
and on file in the General Land Office are 866, embracing a total area of 1,250,519.75
3,0TOS,
REFERENCES.
See reports of surveyors-general of Florida in annual reports of General Land Office
from 1830 to 1880; Laws, Charters, and Local Ordinances of the Governments of Great
Britain, France, and Spain “relating to the concessions of land in their respective
colonies,” by Joseph M. White; 2 vols. Philadelphia, Pa., 1839; and decisions of the
Supreme Court United States, cited on pages 367–370.
PRIVATE LAND CLAIMS UNDER THE TREATY WITH MEXICO OF GUADALUPE HIDALGO,
FEBRUARY 2, 1848, AND UNDER GADSDEN PURCHASE OF DECEMBER 30, 1853.
Private land claims and grants, under the authority of the Spanish and Mexican
Governments, which were made prior to February 2, 1848 (the date of the treaty of
Gaudalupe Hidalgo), in the now Territories of New Mexico and Arizona and States
of California and Colorado, were by the eighth article of the treaty with Mexico to be
confirmed. -
In 1849 J. Butterfield, Commissioner of the General Land Office, called the attention
of Congress to these grants—
It is, then, the obvious and indispensable duty of our Government to take decisive
measures for the recognition of good claims, for the extinction of fraudulent ones, and
for the selection and withdrawal from the mass of public property of all lands requi-
site for military fortifications, arsenals, depots, light-houses, or other public uses, so
that our system may be unimpeded and free from embarrassment in disposing of the
public lands.
July 11, 1849, Hon. Thomas Ewing, Secretary of the Interior, dispatched William
Carey Jones, esq., to California and the city of Mexico to examine into the character
and condition of land titles in California. His instructions were issued by the Com-
missioner of the General Land Office July 5, 1849, and were approved by the Secretary
of the Interior July 12, 1849. (See report of Agent Jones, Ex. Doc. No. 18, first ses-
sion Thirty-first Congress.) +.
March 1, 1849, Capt. H. W. Halleck submitted to Col. R. B. Mason, governor of
California, a report on the laws and regulations relative to grants or sales of public
lands in California.
This report details the land and land-grant systems which grew up under the auspices
of old Spain and Mexico. It showed that it did not rest upon loose, uncertain, unwrit-
ten data, but was founded upon written orders, regulations, and decrees, which, from
time to time, were promulgated; beginning, in 1773, with instructions from the viceroy
of Mexico to the military commandant of the new establishments of San Diego and
378 - PRIVATE LAND CLAIMS.
Monterey, authorizing him to grant lands to individuals in the vicinity of missions or
pueblos; then upon orders from the viceroy in 1774 to the commandant to assign lots
to soldiers marrying baptized Indian women; upon instructions from the viceroy in
1877, to establish two pueblos, and allot lands to the colonists, looking to the require-
ments of Spanish vessels touching from the East Indies, and to the furnishing supplies
to the garrison of the presidios; upon regulations prepared in 1779 by Governor Don
Felipe de Neve, and approved by the King in a royal order of 1781, in reference to
colonization, erecting pueblos, for distribution of house lots and farm lots (“solares y
suertes de tierras”), &c.; upon an order in 1791 to the governor, authorizing captains
of presidios to grant and distribute lots within a certain specified distance from the
center of presidio squares; and, after the Mexican revolution, upon a decree of the re-
public in 1824, as defined by regulations in 1828, empowering the political chiefs of
the territories to grant, with certain exceptions and under limitations, the vacant
lands, subject to the approval of the territorial deputation, or of the supreme govern-
ment of Mexico. Under these successive orders, regulations, decrees, &c., grants were
been made by the constituted authorities down to the 7th July, 1846, when the Ameri-
can flag was hoisted at Monterey, and possession taken in the name of the United
States.
It appears, further, that the mission establishments were 8ecularized, pursuant to a
decree of the Mexican Congress in 1833, and became national property. (See H. Ex.
Doc. No. 17, first session, Thirty-first Congress. This report also contains tables of
land measurements, &c.) 4.
The President urged action on Congress in 1850–51 in relation to those claims.
September 30, 1851, Samuel D. King, United States surveyor-general of California,
in reporting upon the lands in California, said: -
It must be remembered that until within a very few years, and as long as the coun-
try remained under the Spanish and Mexican jurisdiction, the lands in this extreme
and very sparsely settled portion of their territory were considered as being of very
little if any value, except as open ranges for numerous large herds of horses, or for
cattle raised solely upon account of their hides and tallow, the then almost only arti-
cles of export. -
Hence the lands were freely granted away to those desirous of establishing ranche
for this purpose, and in large sized tracts. But very few indeed, if any, of these grants
were ever actually surveyed under the former governments. The grants, generally,
after specifying the length and breadth of the tract, or its area, as being at a particu-
iarly designated place, describe it by some general and vague reference to other grants,
water-courses, or mountain ranges, or refer to a rough figurative plat or sketch accom-
panying the application or grant as defining the boundaries. - p
LEGISLATION BY THE CONGRESS OF THE UNITED STATES.–CALIFORNIA.
In pursuance of the provisions contained in the eighth article of the treaty of
3uadalupe Hidalgo, the Congress of the United States passed an act which was ap-
proved on the 3d of March, 1851 (9 Stats., p. 631), entitled “An act to ascertain and
settle the private land claims in the State of California,” which provided for the
appointment of a commission composed of three commissioners, to continue for three
years, with a secretary qualified to act as interpreter, and necessary clerks, and a law
agent to represent the United States. • Cº.
Claimants under Spain and Mexico were required to present their claims to the
Bommissioners, sitting as a board, with the evidence in support of the same.
The commissioners were authorized to issue subpoenas, administer oaths, take testi-
mony, and decide as to the validity of claims; and therein to be governed by the
treaty of Guadalupe Hidalgo, the law of nations, the usages and customs of the former
government, the principles of equity, and the decisions of the Supreme Court of the
TJnited States as far as applicable; and were required to report their decisions to the
United States district attorney of the district in which the decision should be made.
Appeal by the claimant and the district attorney was authorized to the United States
district court, with further appeal to the Supreme Court of the United States.
PRIVATE LAND CLAIMS. - 379
©
Lands claimed, but claim rejected by the commission or by the courts, or claimed,
but claim not presented within two years from date of the act, to be deemed public
lands of the United States; and for lands finally confirmed patents to issue, upon Sur-
veys thereof to be made by the surveyor general.
It also provided for contesting claims by outside parties, and that final decrees on
claims should be conclusive only as between the United States and the claimants.
The act of August 30, 1852 (10 Stats., p. 99), section 12, provided for the appointment
of an assistant law agent, and for the filing of transcripts which should operate as an
appeal for proceeding thereupon.
The act of January 18, 1854 (10 Stats., p. 265), extended the act of March 3, 1851, one
year for determining the claims presented under it, and authorized the board to ap-
point commissioners, not exceeding three, to take testimony.
By the act of February 23, 1854 (10 Stats., p. 268), certain persons named therein were
authorized to present their claims within six months thereafter.
By the act of January 10, 1855 (10 Stats., p. 603), the provisions of the act of March 3,
1851, and of the second section of the act of January 18, 1854, were continued in
force for one year from March 3, 1855, and the commissioners, or either of them, were
authorized to issue subpoenas.
By the sixth section of the act of March 2, 1855 (10 Stats., p. 632), the judge of the
United States circuit court was authorized to sit in the United States district court in
cases of appeal from the board of land commissioners.
By the act of May 11, 1858 (11 Stats., p. 287), the United States district court in one
district was authorized to issue subpoenas, or subpoenas duces tecum, into the other dis-
trict. 4. tº
The act of May 18, 1858 (11 Stats., p. 289), provided for the collection, arrarging, and
safe keeping of the Spanish and Mexican archives in Upper California in the office of
the surveyor-general, and prescribed punishment for the alteration, mutilation, con-
cealment, or interpolation of the same.
The second section of the act of May 18, 1858 (11 Stats., p. 290), prescribed punishment.
for all forms of fraud in titles to lands in California claimed under Mexican authority.
By the act of June 14, 1860 (12 Stats., p. 33), surveys of private land claims in Cali-
fornia to be made were required to be published in the manner prescribed ; and, on
application of any party interested, or of the district attorney on part of the United
States, to the United States district court, the survey might be ordered into court,
and, upon notice given, the court should hear proofs, &c., and might approve, reject,
or order the survey amended. If no order for return of survey into court should be pro-
cured, or on final approval of survey by the court, the survey was to be transmitted
by the surveyor-general to the Commissioner of the General Land Office, patent was
to be issued thereon, and a survey finally determined by publication, order, or decree,
was to have the same validity in law as if a patent for the land surveyed had been
issued. t -
All surveys made before this time and approved by the surveyor-general and returned
into the district court, or where proceedings were then pending in court for con-
testing or reforming the same, were made subject to the provisions of the act; and
all acts inconsistent were repealed.
By the act of August 6, 1861 (12 Stats., p. 320), the United States district attorneys in
California were authorized to certify records on appeal to the United States Supreme
Court in cases where the United States was a party. º
By the act of May 5, 1864 (13 Stats., p. 69), settlers upon lands within the exterior
boundaries of the Rancho San Ramon, confirmed for two leagues, were authorized to
contest the correctness of the location of the land confirmed; and if the United States
bad title to any of said lands, boma fide settlers thereon were to have right to enter and
receive patent for one hundred and sixty acres, on payment of one dollar and twenty-
five cents per acre. -
The act of July 1, 1864 (13 Stats., p. 332), repealed the act of June 14, 1860, and all
880 PRIVATE LAND CLAIMS.
inconsistent provisions of law, and provided that surveys of private land claims made
under the act of March 3, 1851, should be published by the surveyor-generalfour weeks,
and retained in his office ninety days after first publication; and if no objections were
made to the survey within the ninety days, by any party claiming interest, the sur-
veyor-general should transmit it to the Commissioner of the General Land Office for
examination and approval; but if objections were made, such objections and proofs
produced in support of the same, &c., with copy of the survey, were to be transmitted
to the Commissioner by the surveyor-general, with his opinion; and if he approved
the survey he should indorse his approval; if he disapproved it, he might require a
further report, or proofs to be taken, or might direct a new survey to be made. When
survey should be finally approved patent was to be issued thereon.
By section 2 the preceding provisions (section 1) are made to apply to all surveys
previously made by the surveyor-general of California which had not been approved
by the United States district courts, and were not pending in court for confirmation
or correction. - -
Appeals from decrees of district court lay to the circuit court, and not to the
Supreme Court of the United States. When a survey pending in court was ordered back
for resurvey, the latter was to be under the supervision of the Commissioner of the
General Land Office, and not of the courts.
When the district judge was interested, the district court might order the case trans-
ferred to the circuit court, and might also transfer cases affecting title to lands within
the corporate limits of any city or town.
Section 5 released right and title of the United States to lands in the city of San
Trancisco, except certain lands devoted to public use, the release not to affect private
rights. -
Section 6 made it the duty of the surveyor-general to cause all private land claims
finally confirmed, to be surveyed whenever requested by the claimants, on deposit
by claimant, in the district court, of a sufficient sum to pay the expenses of survey and
publication.
Section 7 made it the duty of the surveyor-general, in making surveys of private
land claims, to follow the decree of confirmation as closely as practicable, and of the
Commissioner of the General Land Office to require a substantial compliance with .
this requirement before approving a survey.
By the seventh section of the act of July 23, 1866 (14 Stats., p. 220), persons who, in
good faith, had purchased lands of claimants under Mexican grants, which grants had
Subsequently been rejected, or the lands so purchased excluded on final survey, and
had improved and continued in occupation, &c., and where no valid adverse rights
existed, were authorized to purchase the same at the minimum price established by law;
the right, however, not to extend to lands containing mines of gold, silver, copper, or ©
cinnabar. -
Section 8 provided for the survey of the public lands adjoining confirmed private land
claims under Spanish or Mexican grants, and the setting off by the surveyor-general of
lands in Satisfaction of such grants, where a survey was not requested within ten
months after the passage of the act, and in case of claims subsequently confirmed,
within ten months from the confirmation under the sixth and seventh sections of the
act of July 1, 1864.
Section 9 regulated the time for appeals from the United States district court to the
circuit court from decrees on Surveys of private land claims in California.
The act of June 19, 1878 (20 Stats., p. 172), authorized the claimants of the Mexican
grant, Las Cruces, to present their claim to the United States district court for con-
firmation, if found to be valid, confirmation not to exceed 8,888 acres, and not to affect
Valid homestead and pre-emption claims nor adverse rights. Claimants to execute
releases to parties in possession under valid claims, before confirmation. On rejection
of claim, right of appeal was given to Supreme Court. The confirmed claim was to
f
PRIVATE LAND CLAIMs. 381
be surveyed and, on approval of Survey by Commissioner of General Land Office,
patent was to issue.
The act of January 28, 1879 (20 Stats., p. 593), made similar provisions in favor of the
claimants of La Lolla Ralucho. * -
The act of June 15, 1880 (21 Stats., p. 234), contained an appropriation for translating,
copying, indexing, preserving, &c., the original Spanish archives in the office of the
surveyor-general. Ç
AREA OF CONFIRMED GRANTS IN CALIFORNIA.
Under these various acts the United States has confirmed in California 538 claims
having a total acreage of 8,332,431.924 acres, the smallest being for 1.770, and the
largest 133,440.780 acres. -
Patents have been issued for a number of these claims upon returns of Survey made
to the land department from time to time.
In the location of these claims and the proper adjustment of boundaries there has
been much difficulty, arising from the defective nature of the original Spanish and
Mexican grants and the maps upon which they are based, which in most cases must
be referred to in locating the confirmed claim, as the decrees of confirmation in but
few instances contain an exact description of the tract, referring to the general original
grant and map filed for description.
When the different condition of this country at the period of making those grants
and the present time is considered, the causes of difficulty, leading to frequent dis-
putes and contests about boundaries, will be readily understood. Under the former
governments lands were granted in large tracts of comparatively little value. There
was no scientific surveying system adopted in connection with these grants, their area
being given by rough estimate. When a boundary was not a water-course, a sierra,
range of hills, or a valley was accepted as a sufficiently definite designation of limits
where a few hundred acres were not worth contending for; and so long as the prop-
erty remained in the hands of the grantees or their descendants, under Mexican rule,
this system was sufficient for the purpose and was acquiesced in. But on the transfer
of sovereignty to the United States, and the emigration of our people from the Atlan-
tic side, a new state of things was inaugurated. These ranchos passed into other
hands; they were cut up and divided, and, under the enterprise and industry of the
new settlers, became in many instances valuable agricutltural farms. Our exact sur-
veying system was introduced, and possessions came to be estimated by acres instead
of leagues. It then became indispensable to those who had purchased portions of these
grants to know the precise limits of their claims. To this end every means in the
power of the land department have been employed.
The following claims are pending in the General Land Office, from California, July
1, 1880:
List of private land claim8 in California pending in General Land Office.
Acres.
Miramontes ----------------------------------------------------------- 4,424. 120
Posolmi -------------------------------------------------------------- 1,695,900
Corte de Madera del Presidio ------------------------------------------ 7,863. 680
Pueblo lands of San José ---------------------------------------------- 65, 132. 060
City lands of Monterey---------------------. -------------------------- 32,865. 550
Mission La Purisima--------------------------------------------------- 16,455. 540
San Rafael ------------------------------------------------------------ 36, 403. 320
Buena Vista ---------------------------------, ------------------------ 2,288,000
Alisal .... ------------------------------------------------------------ 2,971. 260
Las Virgines -----, ---------------------------------------------------- 8,885,040
San Jacinto Nuevo y Potrero -- - -----------------. -------- - - - - - - - - - - - - 48,823. 670
Los Vallecitos de San Marcos ------------------------------------------ 8,975, 170
Arroyo de la Laguna -------------------------------------------------- 4,431. 990
Tract of land near San Gabriel------------------------------------ ----- 50, 410
San Vicente y Santa Monica------------------------------------------- 58,409. 630
Boca de Santa Monica.---------------, -------------------------------- 6,658.906
Punta de Pinos...... ---...---------------------------------------------- 2,666. 510
382 PRIVATE LAND CLAIMS.
Agrº .
Cañada de los Nojales -----------------------------------------------. 1, 190. 560
Los Camaritos -------------------------------------------------------- 20. 469
Pueblo of San Francisco------...----------...-------------------------- 17,734. 770
Santiago de Santa Ana ----...---...---- --------------------------------- 62, 516. 570
Arroyo del Rodeo. ----------------- * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1,473.07.0
Part of Napa---------------------------------------------------------. 11,943. 140
Tract of land in Mission Dolores - - - - - - - - - - - - - - e is s sº ºne º sº tº º sº * * * * * * * * * * * * as sº 5. 8:30
Blšbbrante----------------------------------------------------------. 20, 565. 420
Cabeza de Santa Rosa ---------------------------. -------------------- 3.36. 190
San Ramon ---------------- ------------, ----------- ------------------ 4,450.940
Pasa de Bartolo ------------------------------------------------------- 207. 790
Pasa de Bartolo ------------------------------------------------------- 8,991. 220
Rincon de las Salinas.------------------------------------------------ 2,220. 020
San Pascual ------------------------ * * * s sº as ºs sº sº as a we s tº m = * * * * * * * * * * * * * * * * * * 70S. 57()
Total ----------------------------------------------------------- 421,394. 339
ICXAMPLE OF A SIPANISIL LAND GRANT IN CALIFORNIA.
The following case is given as an illustration of California grants as presented to
the board of land commissioners for adjudicationſ, including the decrees on title:
No. 497.
Claim of heirs of Juan Read to Corte de Madera del Presidio.
[Translation of Espediente.]
Stamp third. Two reales.
Provisionally authorized by the commissariat ad interim of the port of Monterey, of
Alta California, for the years 1831 and 1832.
Reauthorized for the years 1833 and 1834.
SENOR GOVERNOR AND SUPERIOR POLITICAL CHIEF :
Juan Read, a native of Ireland (of the Roman Catholic religion), and a resident of
this Territory for nine years, in the most proper form presents himself before your
excellency, and representation makes: * -
That possessing, by the favor of God, 400 head of neat cattle and 60 horses, and de-
siring a piece of land where I can, without prejudice to a third party, support and
increase them, and live quietly and tranquilly in a property under the protection of
this Mexican Republic, I ask of your excellency to be so good as to grant me the place
called “Sausalito.”
June 27, 1834. JUAN READ.
MONTEREY, July 8, 1834.
In conformity with the laws in the matter, the military commandant of San Fran-
cisco will report if the party interested in this proceeding has the necessary requisites
to be attended to in his petition; if the land which is asked for is comprehended in the
20 border leagues, or in the ten litteral, mentioned in the law of August 18th, 1824; if it
is irrigable, dependent on the seasons, or pasture land; if it belongs to the property
of any private person, corporation, mission, or pueblo ; if the petitioner has a letter
of naturalization in the United Mexican States; if there has been any other land
granted to him before, and whatever else it is believed will illustrate the matter.
This done, the espediente will be passed to the Rev. Father minister of the mission of
San Rafael, that he may report what occurs to him.
The Senor Don José Figueroa, general of brigade, commandant general inspector,
and superior political chief of Upper California, thus ordered, decreed, and signed, of
which I certify.
JOSE FIGUEROA,
- Senor Superior Political Chief.
AGUSTIN V. ZAMORANO,
Secretary.
The land which Don Juan Read, a resident of this jurisdiction, asks for, is included
in the 10 litteral leagues mentioned in the law of colonization of August 18th, 1824, and
not in the 20 border leagues spoken of in the same law. The lands are irrigable and
partly pasture lands in the cañadas formed by the mountains which compose the
same; it belongs to no private person, corporation, or pueblo ; the petitioner has no
letter of naturalization, although he has proved that he has asked one six years ago
in the city, and afterwards in this territory, the which, on account of the vicissitudes
or changes of the revolutions, he has not been able to procure. He has also proved
that he has served some years under the Mexican flag as 1st mate of a vessel, and
that he has been settled with his property on this frontier for three years. In the
*
PRIVATE LAND CLAIMS. 383
year 1831 there was given him as a loan, a piece of land which he afterwards aban-
doned. He has the requisites to entitle him to be attended to.
•San Francisco, August 1, 1834. NEARIANO G. WALLEJO.
SENOR SUPERIOR POLITICAL CHIEF: t -
The land asked for by Don Juan Read is not among those most important to the
mission, although it formerly occupied it with cattle; but in this your excellency will
do what you think proper. -
San Rafael, August 12, 1834. Friar JOSE LORENZO QUIJA.
MoxTEREY, September 23, 1834.
Join this to the foregoing.
FIGUEROA.
Sketch or plan of the grant of “El Corte de Madera del Presidio.”
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— Joyce's AAPOCATSs —
SENOR GENERAL OF THE TERRITORY OF UPPER CALIFORNIA:
Juan Read, of the Irish nation, before your excellency with due respect presents
himself and says: “That not having been able to obtain the place called “El Sausalito.”














384 PRIVATE LAND CLAIMS.
- - $
he prays you to be so good as to grant him the place of “El Corte de Madera del
Presidio,” to the Punta del Taburon,” as shown by the sketch or plan which your ex-
cellency has in your possession. Wherefore I pray your excellency to be so good as
to grant my petition, by which I shall receive favor and grace. Ç
JUAN READ.
PUEBLO DE SAN RAFAEL, September 4, 1834.
MONTEREY, September 23, 1834.
Pass this to the alcalde of this capital, before whom the party of Don Juan Read
will produce an examination of suitable witnesses, who will be interrogated on the
following points:
1. If the petitioner is a Mexican by birth; if he is married and has children, and if
he is of good conduct.
2. If the land asked for belongs to the property of any individual, mission, corpora-
tion, or pueblo; if it is irrigable, dependent on the seasons, or pasture land, and the
extent it has. - -
3. If he has stock to put on it, or the possibility of acquiring any. Having finished
these proceedings, return this expediente for its decision.
Señor Don José Figueroa, general of brigade, commandant general inspector, and
superior political chief of the Territory of Upper California, thus ordered, decreed,
and signed, of which I certify.
JOSE FIGUEROA.
AGUSTIN W. ZAMORANO, Secretary.
• MONTEREY, September 24, 1834.
Let testimony of three fit witnesses be taken as directed in the foregoing superior
decree of the senor superior political chief. Thus I, the constitutional alcalde, ordered,
decreed, and signed, with those of my assistance in the established form.
I certify.
MANUEL JIMENO CASARIN,
(Of assistance:)
JOSE AGUILA.
(Of assistance:)
JOSſ: JOAQUIN GOMEZ.
On this date present Don Juan Read was notified of the foregoing order, and, hav-
ing understood it, said he heard it and signed with me and the witnesses of my assist-
a ſlø0.
JUAN READ.
(Of assistance :)
JOSE AGUILA.
CASARIN.
(Of assistance:)
JOSE JOAQUIN GOMEZ.
On the same date present Don David Spence took the oath in due form, by which
he promised to tell the truth on what he knew, and was asked ; and being asked his
name, occupation, country, religion, said: his name was as aforesaid; that he was
married, 35 years old, a merchant, a native of Scotland, and a Roman Apostolic Cath-
olic.
Being interrogated on the three points mentioned in the superior decree of the
señor political chief of the 23d inst., he said that he knew Don Juan Read; that
he was a native of Ireland, but was naturalized in the Republic of Mexico; that he
was not married, and was of good conduct; that he also knows the land asked for;
that it belongs to the property of no individual, mission, corporation, or pueblo ; that
said land is not irrigable, but pasture lands, and dependent on the seasons; that the
extent is about a league in length and about half a league in width; that, lastly, the
said Don Juan Read has stock with which to stock it; that what he has said is the
truth under the oath he has taken, and, having read it, ratifies it as his declaration,
and signs with me and the assisting witnesses. 3.
DAVID SPENCE.
(Of assistance:)
JOSE AGUILA.
CASARIN. -
(Of assistance:)
JOSé JOAQUIN GOMEz.
On the same day present Don Juan Malarin. He was sworn in due form to tell the
truth in what he knew and was asked; and being asked his name, condition, age,
PRIVATE LAND CLAIMS. 385
occupation, country, and religion, said his name was as above; that he was married;
43 years of age; a merchant; and a native of Lima, ; and a Roman Apostolic Catholic.
Being interrogated on the three points mentioned in the superior decree of the
señor political chief of the 23d inst., he said that he has known Don Juan Read for
seven years; that he is a native of Ireland, but is naturalized in the Mexican Re-
public; that he is not married; and knows him to be of good conduct; that he also
knows the land asked for, and it belongs to the property of no individual mission,
pueblo, or any corporation; that it is dependent on the seasons and pasture land, and
not irrigable; and that in length it is about a league, and in width about half a
league; that, lastly, Don Juan Read has stock with which to stock it; that what he
has said is true, under the oath he has taken; and having read, he ratifies this as his
declaration, and signs with me and those of my assistance.
JUAN MALARIN.
(Of assistance:)
JOSE AGUILA.
CASARIN.
(Of assistance:)
JOSE JOAQUIN GOMEz.
On the same day present Don Guillermo Hartnell; he was duly sworn to tell the
truth in what he knew and was asked; and being asked his name, condition, age,
country, and religion, said his name was as above; that he was married; 36 years
of age; a native of England; and a Roman Apostolic Catholic.
Being interrogated on the three points mentioned in the superior decree of the
señor political chief of the 23dinst., he said that he knows Don Juan Read; he is a native
of Ireland, and naturalized in the Mexican Republic; is not married, and is of good
conduct; that he also knows the land asked for; it is within his knowledge that it
belongs to the property of no individual, mission, pueblo, or corporation ; that said
land is not irrigable, but is dependent on the seasons, and pasture land; that it is some
more than a league long, and about a half a league wide; and, lastly, that the said Don
Juan Read has stock with which to stock it; that what he has said is the truth under
the oath he has taken, and being read ratifies as his declaration, and signs with me
and the witnesses of my assistance.
GUILLERMO EDWARD HARTNELL,
(Of assistance:)
JOSE AGUILA.
CASARIN.
(Of assistance:)
JOSſ: JOAQUIN GOMEZ.
MONTEREY, October 2, 1834.
Having seen the petition with which is espediente begins the report of the only
military authority of the jurisdiction of San Francisco, that of the father minister of the
mission of San Rafael, the last exposition of the petitioner, the testimony of witnesses,
With all else presented and proper to be seen in conformity with what is directed in the
laws and regulations on the matter, Don Juan Read, naturalized in the United Mexican
States, is declared ownerin fee of the land known by the name of “Corte de Madera del
Presidio” to the point of Taburon, bounded by the mission of San Rafael and the port
of San Francisco, subject to the conditions stipulated. Let the corresponding dispatch
issue, record it in the proper book, and direct this espediente for the due approbation
to the most excellent deputation territorial, in which case the party interested, who
will be notified of this decree, will present his title anew to have it revalidated. The
Señor Don José Figueroa, general of brigade, commandant general inspector, and
superior political chief of the Territory of Upper California, thus ordered, decreed, and
signed, of which I certify.
JOSE FIGUEROA.
AGUSTIN W. ZAMARANO,
Secretary.
(Here follows copy of former title to the same as translated in document on page 386,
marked B.) -
- AUGUST 27th, 1835.
In session of this day the most excellent deputation passed this to the committee
on Vacant lands.
FIGUEROA.
JOSã MARIA MALDoNADo,
Secretary.
25 L O—WOL III
386 PRIVATE LAND CHLAIMS.
MOST EXCELLENT SENOR: The committee on vacant lands, charged with the espe-
diente, which was ordered formed on the petition of Citizen Juan Read for the place
called Sausalito, not finding any objection, and being in every respect conformable
to the law of August 18, 1824, and art. 5 of the regulation of November 21, 1828, offer
to the deliberation of your excellent body the following proposition:
Approved the grant made to Citizen Juan Read of the place called Sausalito on the
2d of October, 1834.
Monterey, August 28, 1835.
JOSE CASTRO.
AUGUST 29, 1835.
In session of this day, the most excellent deputation approved the foregoing report,
and directed the espediente to be passed to the superior political chief for his conclu-
Sion. As
JOSE CASTRO.
JOSſ. MARIA MALDONADO, Secretary.
B.
Translation of title and of juridical possession. Stamp first—Seal—six dollars. For the
years one thousand eight hundred thirty-two and one thousand eight hundred and
thirty-three.
CIVIL GOV’T OF UPPER CALIF’A.
José Figueroa, general of brigade of the Mexican Republic, commanding general,
inspector and superior political chief of Upper California.
Whereas Don Juan Read, naturalized in the United States of Mexico, has for his
own personal benefit, and that of his family, asked for the land known by the name
of “Corte de Madera del Presidio,” as far as “la Punta del Taburon,” bounded by the
mission of San Rafael and the port of San Francisco, the proper measures and exam-
inations being previously made, as required by laws and regulations, using the powers
which are conferred on me, in the name of the Mexican nation, I have by decree of
this day granted to the aforesaid Don Juan Read the above-mentioned land, declaring
to him the ownership of it by these presents; said grant being understood to be in
entire conformity with the laws, subject to the approval or disapproval of the most
excellent territorial deputation, and of the supreme government, and under the fol-
lowing conditions: -
1. That he will submit to these (conditions) which may be established by the regu-
lation which is to be formed for the distribution of vacant lands, and that in the
mean time neither the grantee nor his heirs can divide or alienate that which is granted
to them, subject it to any tax, entail, pledge, mortgage, or other incumbrance, even
for pious purposes, nor convey it in mortmain.
He may inclose it without prejudice to the crossings, roads, and servitudes; he
will enjoy it freely and exclusively, applying it to the use and cultivation which may
best suit him, but within one year, at farthest, he will build a house, and it will be
inhabited.
3. When the ownership is confirmed to him he will request the proper magistrate
to give him juridical possession in virtue of this patent, by whom the boundaries will
be marked out, in the limits of which he will place some fruit or forest trees of a use-
ful character.
4. The land of which donation is made is one square league, a little more or less, as
shown by the map which goes with the expediente. The magistrate who may give the
possession will cause it to be measured in conformity with the ordinance, in order to
mark out the boundaries, leaving the surplus which may result to the nation for its
convenient uses.
5. If he contravene these conditions he will lose his right to the land, and it will be
denounceable by another person.
In consequence, I order that this present serving him for a title, and being held as
firm and valid, note be made of it in the corresponding book, and it be delivered to
the person interested, for his security and other purposes.
Given at Monterey on the second of October, eighteen hundred and thirty-four.
(signed) josſ'ſ FićUEROA.
(Signed) AGUSTIN W. ZAMORANO, Secretary.
Note has been made of the title (in the book of entries) of grants of lands on folio
54, number 52, which exists in the secretaria in my charge. In Monterey, on the 2d of
October, 1834.
(Signed) ZAMORANO.
PRIVATE LAND CLAIMS, 387
Stamp third. Two reales.
Provisionally authorized by the maritime custom-house of the port of Monterey for
the years 1833 and 1834. (Signed) Figueroa. (Signed) José Rafael Gonzales.
To the Constitutional Alcalde:
Juan Read, naturalized in the United States of Mexico, and resident of the port of
San Francisco, owner of the rancho of Corte de Madera, as I may best proceed in law,
appear and say: That as appears by the title which P present with the necessary
solemnity and oath, I have in my said rancho one square league, within the bound-
aries expressed in said title; and as it is necessary for me that it should in all time
appear how far they reach, and if any of the neighbors prejudice me or I any of them,
you will be pleased to order that, after usual official acts of identity, view, and ex-
amination, and summoning the colindantes (the possession of my said lands be pro-
ceeded to), for which purpose I appoint now, and for when the time may arrive, as
measurer, José Antonio Galindo, resident of this port, skillful in these matters, and let
the others who may be interested appoint one on their part, and this being done, let
those whom they may appoint, and the said Galindo by me appointed, appear, accept,
swear, and in conformity proceed to said measurements.
Wherefore I pray you that, admitting this document, you will have the goodness
to order as I have asked, and, being finished, to return me said title, with the original
official acts, which may be made, for the security of my right, this petition, and what-
ever else may be necessary.
(Signed) JUAN READ.
In the port of San Francisco on the twenty-fifth of November, 1835, before me the
citizen constitutional alcalde, this petition was read, and having been seen it was
admitted, with the document it refers to, and I order that the neighbors being sum-
moned, information be taken of identity, view, and examination of said lands, at which
I, said alcalde, am ready to assist personally. I thus provided, ordered, and signed
with those of my assistance.
(Sg'd) FRANCISCO DE EIARO.
Assisting witnesses:
(Sg'd) EUSEBIo GALINDO.
( “ ) FRANCISCO SANCHEz.
In the aforesaid port of San Francisco, on the twenty-sixth day of the month of No-
vember, 1835, I, the aforesaid constitutional alcalde, with those of my assistance, in
order to proceed to the information of identity, caused to appear before me citizen
José de la Cruz Sanchez, resident of said port of San Francisco, by occupation a la-
borer, and married, of whom Ireceived oath, which he made by God and the sign of the
holy cross in form, under which he promised to speak the truth; and being asked for
the knowledge he has of the lands, places, terminations, and boundaries pertaining to
the rancho of Corte de Madera, he said: That for thirty-six years he has been a resi-
dent of this jurisdiction, and knows that the lands belonging to said rancho are of
citizen Juan Read, and that it has for boundaries, on the side of the port of San Fran-
cisco, to the south the bay formed by the Punta de Taburon and the Punta de Cabal-
los, which, running inland from east to west, ends in a short creek, and a cañada,
Which follows the same direction as far as a forest of redwood trees, which is called
“El Corte de Madera del Presidio,” on the part of the town of San Rafael; on the
north, the arroyo called “Holon’ and the forest of redwood trees called also “Corte
de Madera de San Pablo;” on the east by said Point Taburon, which is in front of
the island called Los Angeles, all which he has seen and examined various times, and
that since the said Don Juan Read has possessed them he has worked and cultivated
them, and his cattle have pastured on them; and, for the proof of the knowledge and
that which he has said, he is ready to go to said lands with the present alcalde, and
point out to him the places, lands, and boundaries—how far they reach, and that
what he has said is true by the oath which he has made, which he affirmed and rati-
fied. He declared that he was thirty-six years old, and that the legal exceptions do
not affect him; and he signed it with me.
JOSE DE LA CRUZ SANCHEZ.
FRANCISCO DE HARO.
Assisting witnesses:
EUSEBIO GALINDO.
FRANCISCO SANCHEZ.
On Said day, month, and year, I, the aforesaid alcalde, caused to appear before me
and those of my assistance, citizen Tomas Jeremias, by occupation a laborer, an
388 - PRIVATE LAND CLAIMS.
married, of whom I received oath, which he made by God and the sign of the holy
cross in form, under which he promised to speak the truth, and being asked for his
knowledge of the lands and places, limits and boundaries pertaining to the rancho of
“Corte de Madera” he said: That for fifteen years he had resided in this jurisdiction,
and knows that the lands pertaining to said rancho are of citizen Juan Read, and
they have for boundaries on the part towards the port of San Francisco, on the south
the bay formed by Point Caballos and Point Taburon on the east, which running
inland to the west ends in a small estero, and a Cañada which follows the same di-
rection to a thicket of redwood trees called “Corte de Madera del Presidio,” which
lies at the foot of the high peak of the same name; on the north and towards the
pueblo of San Rafael, the boundary with the latter is an arroyo called “Olon,” and
a forest of redwood trees called also “Corte de Madera de San Pablo”; and on the
east the aforesaid Point Taburon, all which he has seen and recognized many times, and
that since the aforesaid citizen Juan Read has possessed them, he has worked and
cultivated them, and pastured his cattle on them; and in proof of the description
which he has given, he is ready to go with the present, alcalde and point out to him
the limits, places, and bounds, how far they extend; and that what he has said is true
under the oath which he has made, which he affirmed and ratified. He declared
that he was thirty-one years old, and that the legal exceptions do not affect him, and
he signed it.
(Signed) TOMAS JEREMIAS JONES.
Assisting witnesses: -
(Sgd) EUSEBIO GALINDO.
( “ ) FRANCISCO SANCHEz.
In continuation, I, the aforesaid alcalde, caused to appear before me, also, and
those of my assistance, citizen Manuel Sanchez, by occupation a laborer, of whom I
received oath which he made by God, and the sign of the holy cross, in form, under
which he promised to speak the truth, and being asked for his knowledge of the lands,
Himits, and boundaries pertaining to the rancho of “Corte de Madera” he said that for
twenty-eight years he has been a resident of this jurisdiction and knows that the
lands of the aforesaid rancho are of citizen Juan Read, and they have for boundaries
on the part towards the port of San Francisco, on the south the bay formed by Points
Caballos and Taburon on the east, which running inland to the west terminates in an
estero, and a cañada which follows the same direction as far as a forest of redwood
trees, called “Corte de Madera del Presidio,” which lies at the foot of the high peak
of that name; on the north towards the pueblo of San Rafael, the boundary is an
arroyo called “Holon” and a forest of redwood trees, which is also called “Corte de
Madera de San Pablo”; and on the east they terminate in said Point Taburon; all
which he has seen and examined many times; and that since the aforesaid Don Juan
Read has possessed them, he has worked and cultivated them and pastured his cattle
on them; and in proof of the description which he has given, he is ready to go to said
lands with the present alcalde, and point out to him the places, limits and bounds
where they reach to, and that what he has said is true by the oath which he has made,
which he affirmed and ratified. He declared that he was twenty-eight years old, and
the legal exceptions do not affect him, and he signed it.
(Sgd) MANUEL SANCHEZ.
( “ ) - FRANCISCO DE HARO.
Assisting witnesses:
(Sgd.) EUSEBIO GALINDO.
( “ ) FRANCISCO SANCHEz.
Befng in the fields in the place named “Corte de Madera del Presidio de San Fran-
cisco” on the twenty-seventh day of the month of November, one thousand eight hun-
dred and thirty-five, I, the constitutional alcalde, acting in virtue of my office, with
two assisting witnesses, for want of a public notary, the witnesses by me examined,
present Citizen Juan Read, owner of said lands, and Citizen Fernando Feliz, on the
part of the pueblo of San Rafael, as mayor domo of said pueblo and community, the
only colindante on the north, I proceeded to see and examine the lands of said rancho,
and for greater clearness mounting on horseback, in company with both the parties
and witnesses referred to, I ordered the latter to point out to me the places, limits,
and boundaries of them according to the signs which they have declared in their depo-
sitions; and in conformity they led the way to the west to a cañada where they
showed me a forest of tall trees, which they call redwoods, in the cañada itself, and
some little valleys which form the base of the high peak called “Palmos,” which for-
est is called “Corte de Madera del Presidio”; a little brook with a willow thicket, and
the remains of a rancheria called “Animas”; thence continuing the examination and
view of said lands they led me north to another arroyo and forest of redwood trees
called also “Corte de Madera de San Pablo”; and they said it was the boundary with
PRIVATE LAND CLAIMS. 389
the pueblo of San Rafael; and thence continuing the examination south as far as Point
Taburon, which they said was the limit in that direction, we continued to the west to
the point of an estero which empties into the bight formed by said Point Taburon and
Point Caballos on the south, and which ends at the entrance of said cañada, where is
situated the home of the owner of said lands, Don Juan Read, the arroyo, Willow
thicket, and forest of redwood trees named “Corte de Madera del Presidio” aforesaid,
which they said was the last boundary of the said lands pertaining to the rancho re-
ferred to of “Corte de Madera” of Señor Read; which places, I, the constitutional
alcalde, saw and examined, with those of my assistance and said witnesses, and the
papers presented having been compared with said examination, the identification of
the aforesaid lands proved to be certain according to the declarations of the witnesses,
and in testimony I make official record of it and sign it with those of my assistance
and others who knew how, to which I certify.
(S'g'd) • HARO. -
{ { FERNANDO FELIZ.
{ % JOSE DE LA. C. SANCHEZ.
& 4 TOMAS JEREMIAS JONES.
& 4 MANUEL SANCHEZ.
Assisting witnesses:
(Signed) EUSEBIO GALINDO.
& 4 FRANCISCO SANCHEZ.
Immediately I, the constitutional alcalde, said that in order to proceed to the
measurements contained in these acts, I order that Citizen Juan Read be notified to
ratify the appointment of measurer, as, also, that the colindantes by common consent
appoint on their part another, in view of the scarcity of men (being too great) for
each one to appoint his own; both of those appointed being skilled in matters of
measurements; and that those who may be appointed, appear, accept, and take oath,
and this being done I am ready to designate a day for said measurements. I thus pro-
vided, ordered, and signed with those of my assistance. -
Assisting witnesses:
(Sg'd) HARO.
(Sg'd) EUSEBIO GALINDO.
4 & FRANCISCO SANCHEZ.
On the same day, month and year, I, the constitutional alcalde, read and made
known the act referring to them as herein contained, to Citizen Juan Read, and the
colindantes, in their persons which I know, and having heard and understood it,
they said that they heard it and the first, that he ratified his appointment of Citizen
José Antonio Galindo, and the second appointed the Indian Neri, both skillful and
fully competent, whom I notified to appear, accept, and swear, and this being done
proceed to said measurements, as is ordered; this they replied, and those who knew
how signed.
I certify.
(sgd) HARO.
( . FERNANDO FELIZ.
{ { MANUEL SANCIHEZ.
{{ TOMAS JEREMIAS JONES.
{{ JOSE DE LA. C. SANCHEZ.
Assisting witnesses:
EUSEBIO GALINDO.
FRANCISCO SANCHEZ.
In therancho named “Cortede Madera (delpresidio de San Francisco)” on the twenty-
fifth day of November, one thousand eight hundred and thirty-five, I, the constitu-
tional alcalde acting in virtue of my office with two assisting witnesses for want of a
notary public, read and made known the act referring to them, and their appointment
of measurers to Citizens José Antonio Galindo and the Indian Neri, the former resi-
dent of the port of San Francisco, and the second of the pueblo of San Rafael, in their
persons, which I know ; and having heard and understood it they said that they ac-
cept said charge of measurers and they made oath by God our Lord and the sign of
the cross, in form, that they would use said office well and faithfully to the best of
their knowledge and understanding; and that they will make said measurements
faithfully and legally, as is their obligation without deceit or fraud against any of
the parties; they thus replied, and did not sign, not knowing how,
FRANCISCO DE HARO.
Assisting witnesses:
EUSERIO GALINDO,
FRANCISCO SANCHEZ.
390 PRIVATE LAND CLAIMS.
. In continuation, having seen the acceptance and oath made by Citizen José
Antonio Galindo and the Indian Neri, appointed measurers for said measurements, I
said that in order to proceed to them I was designating and I did designate the
twenty-eight day of the present month at eight o'clock in the morning; and let the
party and the measurers be informed of it, the colindantes and neighbors being sum-
moned. I thus provided, ordered and signed with those of my assistance. HARO
Asst.g. witnesses:
EUSEBIO GALINDO,
FRANCISCO SANCHEZ.
Immediately the foregoing act was made known to the party interested, Don Juan
Read, to the measurers, Jose Antonio Galindo and the Indian Neri, and having heard
it they acknowledged notice, and (except the latter) the first signed it with the present
alcalde, and those of assistance. HARO
Asst.g. witnesses:
EUSEBIO GALINDO,
FRANCISCO SANCHEZ.
On the same day, month, and year written summons were issued to Citizen Fernando
Feliz, mayor domo of the pueblo of San Rafael, to appear, on the part of the pueblo
as only colindante the next twenty-eighth day, in the aforesaid rancho of “Corte de
Madera del Presidio,” at eight o'clock in the morning; and in testimony I signed it
with those of my assistance.
HARO.
Asst.g. witnesses:
EUSEBIO GALINDO,
FRANCISCO SANCHEZ.
In the rancho of “Corte de Madera,” on the twenty-eighth day of the month of
November, one thousand eight hundred and thirty-five, present Citizen Juan Read,
and the neighbors to said lands, I caused to appear before me and those of my assist-
ance, Citizens José Antonio Galindo and the Indian Neri, appointed measurers,
whom I ordered to take a rope and measure off fifty varas with a vara measure of four
Castilian palms, and in effect the aforesaid measurers, in my presence, measured on
a rope, twisted and well stretched, with a sealed Mexican vara measure, in due form,
as many as fifty varas, which measurement was made faithfully and legally in the
sight, knowledge and presence of the person interested and the neighbors; where-
fore I ordered that it be officially recorded, and that said measurements be proceeded
to as is ordered; and in testimony I certify and sign it with those of my *:::
Asst.g. witnesses: f
EUSEBIO GALINDO,
FRANCISCO SANCHEZ.
Being in the field and lands pertaining to the rancho of “Corte de Madera,” of Don
Juan Read, Saturday, the twenty-eighth of November, eighteen hundred and thirty-
five, I, the constitutional alcalde of the port of San Francisco, de assis, acting in virtue
of my office, with two assisting witnesses, for want of a notary public—present,
Citizens José Antonio Galindo and the Indian Neri, appointed measurers by the party
interested, and colindantes—I ordered them to proceed to the measurement of one
square league of land, which, a little more or less, pertains to therancho of “Corte de
Madera,” according to the title and map presented; in obedience to which, having
again measured and examined the rope, they commenced said measurements from the
solar, which faces west, and standing at the slope and foot of the hills which lie in
that direction, and on the edge of the forest of redwoods, called “Corte de Madera
del Presidio,” they commenced said measurements, and going from S. to N. they
measured to an arroyo called “Holon,” where, is another "forest of redwood, called
“Corte de Madera de San Pablo,” ninety cordels of fifty varas, and the person inter-
ested fixing there a known point as a mark, said that he would place a bound; from
this point, taking a direction from north to south, the measurement was continued to
Point Taburon; and they measured two hundred cordels, and said point serving as a
mark and limit, he promised to place there the corresponding bound; thence contin-
uing the measurement from east to west to the mouth of the cañada, and the point of
the “sausal,” which is near the estero, lying east of the house of the person inter-
ested, which is at present on the rancho, there were measured ninety-four cordels; and
from this last point continuing the measurement from east to west, along the last line,
to the place of beginning; they finished by measuring sixteen cordels, so that the
PRIVATE LAND CLAIMS, 391
square league of land which the rancho of “Corte de Madera” contains forms a square
of twenty thousand Castilian varas, which, being regulated by said measures, they
declared Citizen Juan Read to be informed of the lands which belonged to his rancho,
fºg to the title and map at the head of this expediente, so that no third party is
Injured.
Wherefore said Citizen Don Juan Read pulled up various herbs and stones and threw
them to the four winds, in ; of his legal and legitimate possession. And at this
period the constitutional alcalde ordered said Read, for the permanence and clearness
of the boundaries which have been mentioned, to make, at his own cost and expense,
bounds of masonry more than a vara high, that it may in all time appear, they be ob-
served and kept as limits and boundaries of his lands by the others, neighbors thereto.
And he prayed for a testimony that said measurements were made quietly and peacea-
bly, without contradiction by any person, and I, the constitutional alcalde of the port
of San Francisco, acting in virtue of my office, with two assisting witnesses for want
of a notary public, give it that everything was done as has been said, and that the
aforesaid measurements were executed to the best of the knowledge and understand-
ing of the measurers, as they deposed, without deceit or fraud against any person; and
for greater security and the ratification of the oath which they have made, they did
not sign, not knowing how, and the others who knew how, and were present, did so
before me and those of my assistants.
(Signed) FRANCISCO DE HARO.
é & MANUEL SANCHEZ. -
& 4 JOSE DE LA. C. SANCHEZ.
* { { FERNANDO FELIZ.
& 4 TOMAS JEREMIAS JONES.
Assisting witnesses:
(Sd.) EUSEBIO GALINDO.
“ FRANCISCO SANCHEZ.
To the honorable commissioners to settle private land claims in California:
The petitioners, Hilaria Sanchez de Read, widow, and Juan Read, Hilaria Read,
Ynez Read, and Ricardo Read, children of Juan Read, deceased, respectfully show:
That on the 2d day of October, 1834, José Figueroa, governor of California, by virtue
of authority in him vested, granted to the aforesaid Juan Read the tract of land called
“Corte de Maidera del Presidio,” situate in the present county of Marin, containing
one Square league of land, a little more or less, as described in the original grant and
map, which grant was duly proved.
That on the 28th day of November, A. D. 1835, the said tract of land was duly meas-
ured, and the juridicial possession of it given to the grantee in due form of law.
"In proof of which they submit here with the original grant, map, and record of jurid-
ical survey and possession, marked “A,” with a translation, marked “B;” and they
further represent that the original grantee and the petitioners, his widow and heirs,
have been for more than seventeen years, and the petitioners now are, in the quiet,
peaceful, and undisputed possession of said tract of land.
That the said Juan Read died on the 29th day of June, A. D. 1849, leaving the peti-
tioners, his widow and only children.
That they know of no conflicting claim.
That they rely for confirmation of title upon the original papers submitted here with,
upon therecords and notes in the archives of the former government, now in the charge
of the surveyor-general, and upon such other and further proofs as they may be ad-
vised are necessary. .
l Wherefore they pray the commissioners to confirm to them the aforesaid tract of
& DiCl,
By their attorneys,
HALLECK, PEACHY & BILLINGS.
Filed in office December 23, 1852.
GEO. FISHER, Sec'y.
e: Amended petition.
Honorable board of U. S. land commissioners to ascertain and settle private lands in
California.
By leave of the court, granted on this 13th June, 1854, by an order made on the
motion of A. C. Peachy, claimants' counsel, for the reasons set forth in said motion
and Order, the following amended petition is filed in this case:
The petitioners, Hilaria Sanchez de Read, widow of Juan Read, deceased, and mother
of Richard Read, deceased, who was an infant, heir of the said Juan and John Read,
Hilaria Read, and Ynez Read, children of the said Juan, respectfully show :
That on the 2d day of October, 1834, José Figueroa, governor of California, by virtue
392 PRIVATE LAND CLAIMS.
of authority in him vested, granted to the aforesaid Juan Read the tract of land
called Corte de Madera del Presidio, situated in the present county of Marin, containin
one square league of land, a little more or less, as described in the original grant an
map, which grant was duly approved.
That on the 28th day of November, A. D., 1835, the said tract of land was duly
measured, and the juridical possession of it given to the grantee in due form of law,
for proof of which they submit herewith the original grant, map, and record of jurid-
ical survey and possession, marked A, with a translation, marked B.
And they further represent that the original grantee, and the petitioners, his widow
and heirs, have been for more than seventeen years, and the petitioners now are, in
the quiet, peaceful, and undisturbed possession of the said tract of land.
That the said Juan Read died on the 29th day of June, A. D. 1849, leaving the
petitioners, his widow and children, and a child named Richard Read, who is herein-
after mentioned, his only heirs. -
That on or about the first of October, 1853, the said Richard Reed, aged about thir-
teen years, died, leaving the petitioners his only heirs.
That the petitioners knew of no conflicting claim. That they rely for confirmation
of title upon the original papers submitted iºn, upon the records and notes in
the archives of the former government, now in charge of the surveyor gen’l, and upon
such other and further proofs as they may be advised are necessary. Wherefore they
pray the commissioners to confirm to them the aforesaid tract of land.
HALLECK, PEACHY & BILLINGS,
Atty’8 for Claimants,
Af
GEO. FISHER, Sec'y.
JUNE 13, 1854.
Filed in office June 13, 1854.
HEIRS OF JUAN READ
QX8.
THE UNITED STATES.
For the place called Corte de Madera del Presidio, in Marin County, containing one
square league of land. *
The traced copy of the espediente which is filed in this case shows that Juan Read
petitioned the governor in 1834 for a grant of the place called Sausalito; that, not
being able to obtain the land solicited, he filed another petition, dated September 4,
1834, for the land claimed in this case, and after proceedings to obtain information on
the subject, the governor issued to him a grant, which is given in evidence, and bears
date October 2, 1834. In August following the Territorial deputation approved the
grant, and juridical possession was given under it, as appears by the documentary
proof thereof filed in the case on the 28th day of November, 1835. It appears from
the testimony in the case that said Juan Read had a house on the place as early as 1833,
in which he lived with his family; that he continued to reside there until his death,
and after his decease his family remained in possession, and the representatives of his
heirs still occupy the place. There is also proof of cultivation and improvements on
the premises.
By the testimony of Francisco Sanchez and J. J. Papy, the death of said Juan Read
and the right of the present claimants, as his widow and children, and his only heirs,
are proved. They are entitled to a decree of confirmation.
Confirmed.
Filed in office June 13, 1854.
GEO. FISHER, Sec'y.
HEIRS OF JUAN READ {
Q}8,
THE UNITED STATES.
In this case, on hearing the proofs and allegations, it is adjudged by the commission
that the said claim of the petitioners is valid, and it is therefore hereby decreed that
the same be confirmed.
The land of which confirmation is hereby made is the same on which said Juan
Read resided in his life-time; is known by the name of Corte de Madera del Presidio;
is situated in Marin County, and bounded as follows, to wit: Commencing from the
solar which faces west at a point at the slope and foot of the hills which lie in that
direction, and on the edge of the forest of red-woods called Corte de Madera del Pre-
sidio, and running from thence in a northwardly direction four thousand five hundred
varas to an arroyo called Holon, where is another forest of red-woods called Corte de
Madera de San Pablo; thence by the waters of said arroyo and the bay of San Fran-
cisco, ten thousand varas to the Point Taburon, said point serving as a mark and
limit; thence running along the borders of said bay and continuing in a westerly
direction along the shore of the bay formed by Point Caballos and Point Taburon,
PRIVATE LAND CLAIMS. - 393
four thousand seven hundred varas to the mouth of the cañada and the point of the
“Sausal” which is near the estero lying east of the house on said premises, which
was occupied by said Juan Read in November, 1835, and thence continuing the
measurement from east to west along the last line eight hundred varas to the place of
beginning; containing one square league of land, be the same more or less; being
the same land described in the testimonial of juridical possession on file in this case,
as having been measured to said Juan Read under a grant of the same to him; to
which testimonial and the map therein referred to, and constituting a part of the
espediente, a traced copy of which is filed in the case, reference is to be had:
- ALPHEUS FELCH,
R. AUG, THOMPSON,
q Commissioners.
Filed in office June 13, 1854.
GEO. FISHER, Sec'y.
In the United States district court for the northern district of California. Stated
term, January 14, 1856.
THE UNITED STATES, APPELLANTS, {- de Madera del Presidio.” Transcript
Q}S, -
HEIRS OF JOHN READ, APPELLEES. from board of coms., No. 497.
On appeal from the final decision of the board of commissioners to ascertain and
settle private land claims in the State of California.
Decree.
This cause came on to be heard at a stated term of the court, on appeal from the
final decision of the board of commissioners to ascertain and settle the private land
claims in the State of California, under the act of Congress approved on the 3d day
of March, A. D. 1851, upon the transcript of the proceedings and decision of the
board of commissioners, and the papers and evidence on which the said decision was
founded; and it appearing to the court that the said transcript has been duly filed,
according to law, and counsel for the respective parties having been heard, it is, by
the court, hereby ordered, adjudged, and decreed that the said decision be, and the
same is hereby, in all things affirmed; and it is likewise further ordered, adjudged,
and decreed, that the claim of the appellees is a good and valid claim, and that the
said claim be, and the same is hereby, confirmed to the extent and quantity of one
square league, being the same land described in the grant and of which the posses-
sion was proved to have been long enjoyed: Provided that the said quantity of one
square league, now confirmed to the claimants, be contained within the boundaries
called for in the said grant, and the map to which the grant refers; and if there be
less than that quantity within the said boundaries, then we confirm to the claimants
that less quantity. - OGDEN HOFFMAN, JR
* - U. S. Dist. judge.
Endorsed: Filed January 14, 1856.
W. H. CHEVERS,
Deputy Clerk.
At a stated term of the district court of the United States of America for the district
of California, held at the court-room, in the city of San Francisco, on Thursday, the
second day of April, in the year of our Lord one thousand eight hundred and fifty-
S6V6I1.
Present: The Honorable Ogden Hoffman, district judge.
THE UNITED STATES
Q)8. D.C., 183, L. C. 497.
HEIRS JUAN READ.
The Attorney-General of the United States having given notice that appeal will
not be prosecuted in this case, and a stipulation to that effect having been entered
into by the U. S. Attorney:
On motion by the district attorney it is—
Ordered, adjudged, and decreed that the claimants have leave to proceed under the
decree of this court heretofore rendered in their favor as under final decree.
OGDEN HOFFMAN,
U. S. Dist. Judge.
JOHN A. MONROE, Clerk.
By W. H. CHEVERS, Deputy.
Endorsed: Filed April 2, 1857.
e
394 PRIVATE LAND CLAIMS.
I, George E. Whitney, clerk of the circuit court of the United States for the district
of California, and ex officio clerk of the district court of the United States in and for
said district, hereby certify that the foregoing is a full and true copy of the decree
and order vacating appeal in the above-entitled action, filed in my office. -
Attest my hand and the seal of said district court this 25th of Nov., A. D. 1867.
[SEAL.] GEO. E. WHITNEY, Clerk. .
By A. D. SMITH, Deputy Clerk.
PRIVATE LAND GRANTS IN NEW MEXICO.
By the eighth section of the act of July 22, 1854 (10 Stats., p. 309), it was made the
duty of the surveyor-general, under instrućtions to be given by the Secretary of the
Interior, to ascertain the origin, nature, character, and extent of all claims to land
under the laws, usages, and customs of Spain and Mexico. He was authorized to
issue notices, summon witnesses, administer oaths, &c., and required to make full
reports to the Secretary of the Interior, to be laid before Congress for final action,
“with a view to confirm bona fide grants,” on all claims originating before the ces-
sion by the treaty of Guadalupe Hidalgo, denoting the various grades of title, with
his decision as to their validity or invalidity; also to report as to all pueblos, the
extent, locality, number of inhabitants and nature of title of each; and until final
action by Congress on such claims, all lands covered thereby to be reserved from sale
or other disposal by the Government, and not subject to donation clause in said act.
METHOD OF RECEIVING APPLICATIONS FOR AND SURVEYING AND DETERMINING PRIVATE
LAND CLAIMS IN NEW MEXICO, ARIZONA, AND COLORADO–DUTIES OF SURVEYORS-
GENERAL. .
The following instructions to the surveyor-general of New Mexico were issued for
his guidance under said law :
GENERAL LAND OFFICE,
August 21, 1854.
SIR: The eighth section of the act approved 22d July last, for the establishment of
the office of surveyor-general in New Mexico, declares as follows: .
“SEC. 8. And be it further enacted, That it shall be the duty of the surveyor-general,
under such instructions as may be given by the Secretary of the Interior, to ascertain
the origin, nature, character, and extent of all claims to lands under the laws, usages,
and customs of Spain and Mexico; and for this purpose may issue notices, summon
witnesses, administer oaths, and do and perform all other necessary acts in the prem-
1S6S.
“He shall make a full report on all such claims as originated before the cession of
the Territory to the United States by the treaty of Guadalupe Hidalgo, of eighteen
hundred and forty-eight, denoting the various grades of title, with his decision as to
the validity or invalidity of each of the same under the laws, usages, and customs of
the country before its cession to the United States; and shall also make a report in
regard to all pueblos existing in the Territory, showing the extent and locality of
each, stating the number of inhabitants in the said pueblos respectively, and the na-
ture of their titles to the land. Such report to be made according to the form which
may be prescribed by the Secretary of the Interior; which report shall be laid before
Congress for such action thereon as may be deemed just and proper, with a view to
confirm bona fide grants, and give full effect to the treaty of eighteen hundred and
forty-eight between the United States and Mexico; and until the final action of Con-
gress on such claims, all lands shall be reserved from sale or other disposal by the
Government, and shall not be subject to the donations granted by the previous pro-
visions of this act.”
The duty which this enactment devolves upon the surveyor-general is highly im-
portant and responsible. He has it in charge to prepare a faithful report of all the
land titles in New Mexico which had their origin before the United States succeeded
to the Sovereignty of the country, and the law contemplates such a report as will en-
able Congress to make a just and proper discrimination between such as are boma fide
and should be confirmed, and such as are fraudulent or otherwise destitute of merit,
and ought to be rejected. 2. “
The treaty of 1848 between the United States and Mexico (United States Statütes at
Large, volume 9, page 922) expressly stipulates in the 8th and 9th articles for the se-
curity and protection of private property. The terms there employed in this respect
are the same in substance as those used in the treaty of 1803, by which the French
Republic ceded the ancient province of Louisiana to the United States; and conse-
PRIVATE LAND CLAIMS. - 395
quently, in the examination of foreign titles in New Mexico, you will have the aid of
the enlightened decisions, and the principles therein developed, of the Supreme Court
of the United States, upon the titles that were based upon the treaty of cession and
the laws of Congress upon the subject.
The security to private property for which the treaty of Guadalupe Hidalgo stipu-
lates is in accordance with the principles of public law as universally acknowledged
by civilized nations. -
“The people change their allegiance; their relation to their ancient sovereign is
dissolved; but their relations to each other, and their rights of property, remain un-
disturbed.”—United States vs. Percheman, 7 Peters' Reports.
In the case of the United States vs. Arrédondo and others, 6th Peters' Reports, the
Supreme Court declare that Congress “have adopted, as the basis of all their acts, the
principle that the law of the province in which the land is situated is the law which
gives efficacy to the grant, and by which it is to be tested whether it was property at
the time the treaties took effect.”
Upon the same basis Congress has proceeded in the present act of legislation, which
requires the surveyor-general, under instructions from the Secretary of the Interior,
to ascertain the origin, nature, character, and extent of all claims to land “under the
laws, usages, and customs of Spain and Mexico;” and arms the surveyor-general with
power for the purpose, by authorizing him to “issue notices, summon witnesses, ad-
minister oaths, and do and perform all other necessary acts in the premises.”
The private land titles in New Mexico are derived from the authorities of Old Spain,
as well as of Mexico. C.
.# the “necessary acts” contemplated by the law and required of you, is, that
ou shall—
y 1st. Acquaint yourself with the land system of Spain as applied to her ultramarine
possessions, the general features of which are found—modified, of course, by local ré-
quirements and usages—in the former provinces and dependencies of that monarchy
on this continent. For this purpose you must examine the laws of Spain, the royal
ordinances, decrees, and regulations as collected in White's Recopilacion, 2 vols.
. By the acts of Congress approved 26th May, 1824, 23d May, 1828, and 17th June,
1844 (United States Statutes at Large, vol. 4, page 52, chap. 173; page 284, chap. 70;
and vol. 5, page 676, chap. 95), the United States district courts were opened for the
examination and adjudication of foreign titles. Numerous cases on appeal under
these laws, and other cases on writs of error, in which actions on ejectment in the
courts below had been instituted, were brought before the Supreme Court of the
United States, where the rights of property under inceptive and imperfect titles which
originated under the Spanish system have been thoroughly examined and discussed
with eminent ability.
For these decisions I refer you to Peters' and Howard’s Reports of the Decisions of
the Supreme Court of the United States. It is important that you should carefully
examine them in connection with the Spanish law, and the legislation of Congress on
the subject, in order that you may understand and be able to apply the principles of
the Spanish system as understood and expounded by the authorities of our Govern-
ment.
2d. Upon your arrival at Santa Fé you will make application to the governor of the
Territory for such of the archives as relate to grants of land by the former authorities
of the country. You will see that they are kept in a place of security from fire, or
other accidents, and that access is allowed only to land owners who may find it neces-
sary to refer to their title records, and such references must be made under your eye,
or that of a sworn employé of the Government. t
You will proceed at Once to arrange and classify the papers in the order of date,
and have them properly and Substantially bound. You will then have schedulcs
(marked 1) of them made out in duplicate, and will prepare abstracts (No. 2), also in
duplicate, of all the grants found in the records, showing the names of grantees, date,
area, locality, by whom conceded, and under what authority.
You will prepare, in duplicate, from the archives or authoritative sources, a docu-
ment (No. 3), exhibiting the names of all the officers of the Territory who held the
power of distributing lands from the earliest settlement of the Territory until the
change of government, indicating the several periods of their incumbency, the nature
and extent of their powers conceding lands; whether, and to what extent, and under
what conditions and limitations, authority existed in the governors or political chiefs
to distribute (repartir) the public domain; , whether in any class of cases they had the
power to make an absolute grant; and if so, for what maximum in area; or, whether
subject to the affirmance of the department or supreme government; whether the
Spanish surveying system was in operation, and since what period in the country,
and under what organization; also, with verified copies in the original, and transla-
tions, of the laws and decrees of the Mexican Republic, and regulations which may
have been adopted by the general government of that republic for the disposal of the
public lands in New Mexico. Herewith you will receive a table of land measures
adopted by the Mexican Government, translated from the “Ordemanzas de Tierras y
396 PRIVATE LAND CLAIMS.
Aguas,” by Marianas Galvan, edition of 1844, as printed in Ex. Doc. No. 17, 1st ses-
Sion 31st Congress, House of Representatives, containing much valuable information
On the subject of California and New Mexico, and of which document I would invite
your Special and careful examination.
In a report of the 14th November, 1851, from the surveyor-general of California, it
is stated that all the grants, &c., of lots or lands in California, made either by the
Spanish Government or that of Mexico, refer to the “vara’’ of Mexico as the measure
of length; that, by common consent in California, that measure is considered as ex-
actly equivalent to thirty-three American inches. That officer then enelosed to us copy
of a document he had obtained as being an extract of a treaty made by the Mexican
Government, from which it would seem that another length is given to the “vara; ”
and by J. H. Alexander's (of Baltimore), Dictionary of Weights and Measures, the
Mexican vara is stated to be equal to 92.741 of the American yard.
This office, however, has sanctioned the recognition, in California, of the Mexican
vara as being equivalent to thirty-three American inches.
You will carefully compare the data furnished in the table herewith, and in the fore-
going, with the Spanish measurements in use in New Mexico, and will report whether
they are identical; or if varied in any respect by law or usage, you will make a report
of all the particulars.
You should also add to “document No. 3” the forms used under the former govern-
ments to obtain grants, beginning, with the initiatory proceeding, viz, the petition,
and indicating the several successive acts until the title was completed. A copy of
the “schedule,” “abstract,” and “document,” required of you in the foregoing, duly
authenticated by you, should constitute a part of the permanent files of the surveyor-
eneral's office, and duplicates of them should be sent as soon as practicable to the
epartment of the Interior.
*The knowledge and experience you will acquire in arranging the archives, collect-
ing materials, and making out the documents called for by these instructions, will
enable you to enter understandingly upon the work of receiving and examining the
testimony which may be presented to you by land claimants, and prepare your report
thereon, for the action of Congress.
In the first instance, you will provide yourself with a journal, consisting of substan-
tially bound volume or volumes, which is to constitute a complete record of your
official proceedings in regard to land titles; and with a suitable docket, for the entry
therein of claims in the order of their presentation, and so arranged as to indicate at
a glance a brief statement of each case, its number, name of original and present
claimant, area, locality, from what authority derived, nature of title—whether com-
plete or incomplete, and your decision thereon.
Your first session should be held at Santa Fé, and your subsequent sessions at such
places and periods as public convenience may suggest, of which you will give timely
notice to the Department. -
You will commence your session by giving proper public notice of the same, in a
newspaper of the largest circulation in the English and Spanish languages—will
make known your readiness to receive notices and testimony in support of the land
claims of individuals, derived before the change of government.
You will require claimants in every case—and give public notice to that effect—to
file a written notice setting forth the name of “present claimant;” name of the
“Original claimant; ” nature of claim—whether inchoate or perfect; its date; from
what authority the original title was derived, with a reference to the evidence of the
power and authority under which the granting officer may have acted; quantity
claimed; locality, notice, and extent of conflicting claims, if any, with a reference to
the documentary evidence and testimony relied upon to establish the claim, and to
show a transfer of right from the “original grantee” to “present claimant.”
You will also require of every claimant an authenticated plat of survey, if a survey
has been executed, or other evidence, showing the precise locality and extent of the
tract claimed. -
This is indispensable, in order to avoid any doubt hereafter in reserving from sale,
as contemplated by law, the particular tract or parcel of land for which a claim may
be duly filed, or in communicating the title to the same hereafter, in the event of a
final confirmation.
The effect of this will be not only to save claimants from embarrassments and diffi-
culties, inseparable from the presentation and adjudication of claims with indefinite
limits, but will promote the welfare of the country generally, by furnishing the sur-
veyor-general with evidence of what is claimed as private property, under treaty and
the act of July 22, 1854, thus enabling him to ascertain what is undisputed public
land, and to proceed with the public surveys accordingly, without awaiting the final
action of Congress upon the subject.
You will take care to guard the public against fraudulent or antedated claims, and
will bring the title-papers to the test of the genuine signatures, which you should col-
lect of the granting officers, as well as to the test of the official registers or abstracts
which may exist of the titles issued by the granting officers. In all cases, of course,
PRIVATE LAND CLAIMS. 397
She original title-papers are to be produced, or loss accounted for; and where copies
are presented, they must be authenticated; and your report should also state the pre-
cise character of the papers acted upon by you, whether originals or otherwise. Where
the claim may be presented by a party as “present claimant’ in right of another, you
must be satisfied that the deraignment of title is complete; otherwise, the entry and
your decision should be in favor of the “legal representatives” of the original grantee.
Your journal should be prefaced by a record of the law under which you are required
to act, and of your commission and oath of office; and should contain a full record of
the notice and evidence in support of each claim, and of your decision, setting forth,
as succinctly and concisely as possible, all the leading facts, particulars, and the prin-
ciples applicable to the case, and upon which such decision may be founded. All the
original papers should, of course, be carefully numbered, filed, and preserved; and
upon each should be indorsed the volume and page of the record in which they are
entered, and such reference should be made on the journal and docket as will properly
connect them with each other.
Your docket should be a condensed exhibit of every case and of your decision. The
claims, both as to grade and dignity, may be classified by numerals or alphabetically,
accompanied by explanatory notes, in such a manner that it will show every case con-
firmed and every one rejected by you.
In the case of any town lot, farm lot, or pasture lots, held under a grant from any
corporation or town to which lands may be granted for the establishment of a town,
by the Spanish or Mexican Government, or the lawful authorities thereof, or in the
case of any city, town, or village lot, which city, town, or village existed at the time
possession was taken of New Mexico by the authorities of the United States, the claim
to the same may be presented by the corporate authorities; or where the land on which
the said city, town, or village was originally granted to an individual, the claim may
be presented by or in the name of such individual; and the fact being proved to you
of the existence of such city, town, or village at the period when the United States
took possession, may be considered by you as prima facie evidence of a grant to such
corporation, or to the individuals under whom the lot-holders claim ; and where any
city, town, or village shall be in existence at the passage of the act of 22d July, 1854,
the claim for the land embraced within the limits of the same may be made and proved
up before you by the corporate authority of the said city, town, or village. Such is
the principle sanctioned by the act of 3d March, 1851, for the adjudication of Spanish
and Mexican claims in California; and I think its application and adoption proper in
regard to claims in New Mexico.
In the month of March, 1849, there was published in the Atlantic States an extract
of a letter dated becember 12, 1848, at Santa Fé, New Mexico, purporting to be from
a young officer of the army, in which it was stated that “the prefect at El Paso del
Norte has for the last few months been very active in disposing (for his own benefit)
of all lands in that vicinity that are valuable, antedating the title to said purchases;”
that “these land titles” would “be made a source of profitable litigation,” &c. . It
will be your duty to subject all papers under suspicion of fraud to the severest scrutiny
and test, in order to settle the question of their genuineness.
You will also collect information, from authentic sources, in reference to the laws of
the country respecting minerals, and ascertain what conditions were attached to grants
embracing mines; whether or not the laws and policy of the former governments con-
ferred absolute title in granting lands of this class in New Mexico. It is proper, also,
and you are instructed in the case of every claim that may be filed, to ascertain from
the parties, and require testimony, as to whether the tracts claimed are mineral or
agricultural; and you will be careful to make the necessary discrimination in the record
of your proceedings and in your docket.
Your report should be divided into two parts. Part first should embrace individual
and municipal claims, and should be prepared in the manner contemplated by law,
and in accordance with the requirements in the foregoing instructions.
The law further requires you, also, to “make a report in regard to all pueblos ex-
isting in the Territory, showing the extent and locality of each, stating the number
º: hºlitants in the said pueblos respectively, and the nature of their titles to the
land.” te
Part second of your report should be devoted to this branch of your duty.
It will be your business to collect data from the records and other authentic sources
relative to these pueblos, so that you will enable Congress to understand the matter
fully, and legislate in such a manner as will do justice to all concerned.
In a report dated July 29, 1849, in camp near Santa Fé, from the Indian agent, James
S. Calhoun, to the Commissioner of Indian Affairs, he says: “The Pueblo Indians, it
is believed, are entitled to the early and especial consideration of the Government of
the United States; they are the only tribe in perfect amity with the Government, and
are an industrious, agricultural, and pastoral people, living principally in villages,
ranging north and west of Taos south, on both sides of the Rio Grande, more than 250
miles; ” that “by a Mexican statute these people,” as he had been informed by Judge
IIonghton, of Santa Fé, “were constituted citizens of the republic of Mexico, grant-
398 PRIVATE LAND CLAIMS.
ing to all of mature age, who could read and write, the privilege of voting;” but this
statute has no practical operation; that “since the occupancy of the Territory by the
Government of the United States, the Territorial legislature of 1847 passed the follow-
ing act, which at the date of the Indian agent's report was in force:
“SEC. 1. Be it enacted by the general assembly of the Territory of New Mexico, That the
inhabitants within the Territory of New Mexico known by the name of Pueblo Indians,
and living in towns or villages built on lands granted to such Indians by the laws of
Spain or Mexico, and conceding to such inhabitants certain land and privileges, to be
used for the common benefit, are severally hereby created and constituted bodies poli-
tic and corporate, and shall be known in law by the name of the “Pueblo,’ &c., (nam-
ing it;) and by that name they and their successors shall have perpetual succession—
Sue and be sued.” -
In a subsequent report, viz: of the 4th of October, 1849, the same officer reported,
from Santa Fé, that “the pueblos or civilized towns of Indians of the Territory of New
Mexico are the following:
In the county of Taos : Taos Picoris.----. ----------------. ------ 283 inhabitants.
In the county of Rio Ariba : San Juan, Santa Clara -- - - - - - - - - - - - - 500 & &
In the county of Santa Fé: San Ildefonso, Namba, Pojoaque, Te-
SUlque - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 590 & 4
In the county of Santa Ana: Cochite, Santa Domingo, San Felipe,
Santa Ana, Zia, Jenez---------------------------------------- 1,918 { {
In the county of Bernalillo: Sandia-Gleta. - - - - - - - - - - - - - - - - - - - - - - 883 & 4
In the county of Valencia : Leguna, Acona, Zunia--------------- 1,800 {{
Opposite El Paso: Socoro, Islettas.......... -------------------- 600 & 4
Recapitulation.—Pueblog of New Mexico.
County of Taos --------, ----------------------------- 283 over five years of age.
County of Rio ºiba -----------------...--------------- 500 é & {{
County of Santa Fé---------------------------------- 590 & & & 4
County of Santa Ana--------------------------------- 1,918 {{ & 4
County of Bernalillo. ----...------------------- * - - - - - - - 833 . & 4 & 4
County of Valencia----------------------------------. 1,800 & 4 & 4
District of Tontero, opposite El Paso del Norte.... ---- 600 & & & &
6,524.”
The above enumeration, it is stated by the officer mentioned, “was taken from cen- '
sus ordered by the legislature of New Mexico, convened December, 1847, which in-
cludes only those of five years of age and upwards;” and further, that “these pueblos
are located from ten to near a hundred miles apart, commencing north at Taos, and
running south to near El Paso, some four hundred miles or more, and running east
º west two hundred miles;” this statement having no reference to pueblos west of
UlDia,
In another despatch, dated the 15th October, 1849, at Santa Fé, the same agent re-
ports that “these pueblos are built with direct reference to defence, and their houses
are from one to six stories high,” &c.; that “the general character of their houses is
superior to those of Santa Fé; ” they “ have rich valleys to cultivate,” &c.; and they
“are a valuable and available people, and as firmly fixed in their homes as any one
can be in the United States;” that “their lands are held by Spanish and Mexican
ants—to what extent is unknown;” that Santa Ana, as Major Weightman had in-
ormed the agent, “decreed, in 1843, that one born in Mexico was a Mexican citizen,
and, as such, is a voter, and therefore all the Pueblo Indians are voters; ” but that
“the exercise of this privilege was not known prior to what is termed an election—
the last one in this Territory,” &c.
It is obligatory on the Government of the United States to deal with the private
land titles, and the “pueblos,” precisely as Mexico would have done had the sov-
ereignty not changed. We are bound to recognize all titles as she would have done—
to go that far, and no further. This is the principle which you will bear in mind in
acting upon these important concerns.
You will append to your report on the pueblos the best map of the country that can
be procured, on a large scale, and will indicate thereon the localities and extent of the
several pueblos as illustrative of that report; which you are desired to prepare and
transmit to the Department at as early a period as the nature of the duty will allow.
Very respectfully, your obedient servant,
JOHN WILSON, Commissioner.
WM. PELBAM, Esq.,
U. S. Surveyor-General of New Mexico.
The foregoing instructions are hereby approved. .
R. McCLELLAND, Secretary.
DEPARTMENT OF THE INTERIOR,
August 25, 1854.
PRIVATE LAND CLAIMS. 399
Extract of a treaty made with the Mexican Government, which accompanied a report dated
November 14, 1851, from the U. S. surveyor-general of California, respecting the ratio of
land measures between those employed under the Mexican Government and those in use in
the United States.
[From the Mexican ordinance for land and sea.]
Article 20th of the agreement entered into between the minister plenipotentiary of the
Mexican Republic and her agents in London, the 15th of September, 1837, with
the holders of Mexican bonds.
20th. In compliance of what is ordered by the seventh article of the preceding law,
and in order to carry into effect the stipulation in the preceding agreement in regard
to the holders of bonds deferred, it is declared that the act of which mention is made
in said agreement answers to 4840 English yards squared, equivalent to 5762.403 Mex-
ican varas Square; inasmuch that the sitio de ganado moyer contains 4338.464 acres,
the Mexican vara having been found by exact measures equal to 837 French millime-
tres, and consequently to *###### of the English imperial yard.
Reducing the ratio of 4840 square yards and 5762.403 square varas, the vara
Will be---------------------------------------------------------------- 32, 99319
Reducing the 4338.464 acres ------------------...----------. --------------- 32, 993.11
Reducing the fraction ###### -------------------. ------------------------ 32.992884
The fraction mentioned in note, ######-...----...-...----...--...----------- 32.96718
Table of land measures adopted in the Republic of Mexico.

"ord 4) ==
# | 3 | . . .#
3 # g ** §
º º, º, . ‘ ‘tº tº cº
Names of the measures. Figureºle meas. 's ââ É E. § 35
© rt º ºr +º t- s º
#3 & 'º dº 3
5 5.5 £ q) g
H ſº 3 <!
Sitio de ganado moyer--------------- Square------------- 5,000 5,000 25,000,000 41,023
Qriadero de ganado moyer.-----...--. ----do ------------ ... 2, 500 2,500 6,250,000 10, 255
Šitio de ganado menor...--...--...--. ----do --------------- 3,333} 3,333% 11, 111, 1113 | 18, 232
Qriadero de ganado menor.---------. ----do --------------- 1,6663 1,6663 2,777,777; 4, 558
Caballeria de tierra .............. --. Rººd paral- 1, 104 552 609, 408 1
elogram.
Media caballeria ---...... * * * * * * * * * * * Square.------------- 552 552 304, 704 ;
Cuarto caballeria 6 Suerte de tierra.. Rººd paral- 552 276 152,352
* elogram.
Fenega de Sembraduro de maiz ...... ----do --------------- 376 184 56,784 *
ala para casa.---------------------- Square-------------- 50 50 2,500 0.004
Fundo legal para pueblos............ ----do --------------- 1, 200 1,200 1,440,000 2. 036
The Mexican vara is the unit of all the measures of length, the pattern and size of
which are taken from the Castilian vara of the mark of Burgos, and is the legal vara
used in the Mexican republic. Fifty Mexican varas make a measure which is called
cordel, which instrument is used in measuring lands.
The legal league contains 100 cordels, or 5,000 varas, which is found by multiplying
by 100 the 50 varas contained in a cordel. The league is divided into two halves and
four quarters, this being the only division made of it. Half a league contains 2,500
Varas, and a quarter of a league 1,250 varas. Anciently, the Mexican league was di-
vided into three miles, the mile into a thousand paces of Solomon, and one of these
paces into five-thirds of a Mexican vara; consequently the league had 3,000 paces of
Solomon. This division is recognized in legal affairs, but has been a very long time
in disuse—the same as the pace of Solomon, which in those days was called vara, and
Was used for measuring lands. The mark was equivalent to two varas and seven-
eighths—that is, eight marks containing twenty-three varas—and was used for meas-
uring lands.
* Translation of a note at the foot of the page.
Without doubt, in this fraction there is an error of the press, since, considering the English yard 914
imillimetres, and the Mexican vara 837 millimetres, the vara will be ###### of a yard, the first figure, 6,
being the inverted 9.
400 PRIVATE LAND CLAIMS.
The surveyor-general of New Mexico, under the instructions recited, reported as
follows:
SURVEYOR-GENERAL's OFFICE,
Santa Fé, New Mexico, September 30, 1855.
SIR: I have the honor to submit the following as the report of the operations of this
office from the time of its establishment up to the present date.
I arrived at this place on the 28th day of December last, and immediately opened
the office of the surveyor-general for this Territory.
In accordance with your instructions I made application to his excellency David
Merriwether, governor of the Territory, for such of the archives as related to grants
of land by the former authorities of the country, which he declined delivering, giving
as his reason that their selection from the large amount of papers composing the pub-
lic archives of the Territory would involve an immense amount of labor and a heavy
expenditure, which he was not authorized to incur. He, however, allowed me to re-
move the packages containing such papers as related to the grants of land in the
country from their deposit, and examine them in my own office; whereupon I immedi-
ately assigned two of my clerks to separate them. On the last day of July this diffi-
cult duty was accomplished, and from one hundred and sixty-eight packages, averag-
ing one hundred and sixty-eight thousand papers, of every nature and description
imaginable, one thousand seven hundred and fifteen grants, conveyances of land, and
other documents referring to claims to lands, have been selected, and are now being
arranged and classified in a systematical form in, this office. It will, however, be im-
possible to have them properly and substantially bound, as required by your instruc-
tions, on account of the different shapes and forms in which they are to be found—some
existing on large sheets of foolscap paper, while others are to be found on half sheets,
and others again on scraps of paper, which can never be bound in any convenient
form. I respectfully suggest that they be copied in substantially bound books, prop-
erly certified and translated. w
There is no data to be found in the archives from which the names of the officers of
the Territory who held the power of distributing lands from the earliest settlement of
the Territory until the change of government can be obtained. Should Ibe enabled to
procure that information from any other authoritative source, I will embody it in my
next annual report.
I here with enclose a notice, marked A, which I issued upon my arrival at this place,
expressing my readiness to receive notices and testimony in support of the land
claims of individuals derived before the change of government, by virtue of which
notice fifteen claims have been filed for examination and adjudication. The difficul-
ties and expense to which parties filing claims in this office are subjected will account
for the limited number which has been filed; and I respectfully recommend further
legislation on the subject, as the present law has utterly failed to secure the object
for which it was intended.
My residence in this place has been so short and my duties so pressing that I have
not been able to procure sufficient information on which to base any report in refer-
ence to the mineral lands in the Territory.
There are many land titles and grants deposited in the archives of the several
county seats in this Territory, and I am informed that all the grants made between
the first conquest of this Territory, and its reconquest, in 1678, are deposited in the
archives of El Paso, the former capital of the Territory. The grants made to individ-
uals in the Mesilla Valley, and the Territory newly acquired from the Republic of
Mexico, are also deposited at El Paso, and provision should be made to have them all
selected, and permanently deposited in the archives of this office. #
& * - #.
WILLIAM PELHAM,
Surveyor-General, New Mexico.
The following “hotice to the Inhabitants of New Mexico’’ was issued by Surveyor-
General Pelham. It was published in Spanish and English.
The surveyor-general of New Mexico, by act of Congress approved on the 22d July,
1854, is required to “make a full report on all such claims as originated before the
cession of the Territory to the United States by the treaty of Guadalupe Hidalgo of
1848, denoting the various grades of title, with his decision thereon, as to the validity
or invalidity of each of the same, under the laws, usages, and customs of the country
before its cession to the United States.” And he is also required to “make a report
in regard to all pueblos existing in the Territory, showing the extent and locality of
each, stating the number of inhabitants in the said pueblos respectively, and the na-
ture of their titles to the land. Such report to be made according to the form pre-
scribed by the Secretary of the Interior, which report shall be laid before Congress
for such action thereon as may be deemed just and proper, with a view to confirm
PRIVATE LAND CLAIMS. 401
bona-fide grants, and give full effect to the treaty of 1848, between the United States
and Mexico.” -
Claimants in every case will be required to file a written notice, setting forth the
name of the “present claimant,” name of “original claimant;” nature of claim,
whether inchoate or perfect; its date; from what authority the original title was de-
rived, with a reference to the evidence of the power and authority under which the
granting officer may have acted; quantity claimed; locality; notice and extent of con-
flicting claims, if any, with a reference to the documentary evidence and testimony
relied upon to establish the claim, and to show transfer of right from the “original
grantee” to “present claimant.” 4. º
Every claimant will also be required to furnish an authenticated plat of survey, if
a survey has been executed, or other evidence, showing the precise locality and extent
of the tract claimed.
To enable the surveyor-general to execute the duty thus imposed upon him, by law,
he has to request all those individuals who claimed lands in New Mexico before the
treaty of 1848, to produce the evidences of such claims at this office at Santa Fé as
soon as possible. - * -
# * * * * *
Given under my hand at my office at Santa Fé, this 18th day of January, A. D. 1855.
WILLIAM PELHAM,
Surveyor-General of New Mexico.
The Commissioner of the General Land Office, in his report for 1856, says:
The selection from the archives of the Spanish and Mexican governments, which
were turned over to the surveyor-general’s office by the governor of New Mexico, re-
sulted in the collection of 1,014 grants and documents relating to land titles, of which
197 are private grants. These have all been classified, alphabetically arranged, and
constitute permanent official records.
From the advices received at this office from the surveyor-general of New Mexico
and other sources, it is evident individuals claiming lands under former governments
before the treaty of Guadalupe Hidalgo of 1848, are very averse to respond to the call
made on them by the surveyor-general’s notice of January 18, 1855, to produce the
evidences of their claims to his office at Santa Fé; some from fear of losing the evi-
dence of their titles, inspired, it is supposed, by designing individuals.
In many instances, the Pueblo Indians have been deterred from filing their title-
papers with the surveyor-general, in the apprehension they would never again get
possession of them.
Others, conscious of an indisputable possessory right of landed estates, feel perfect
security on the subject, and do not care to exhibit, much less file, their title-papers,
for the purpose of enabling the surveyor-general to report upon the claims to Con-
gress for confirmation under the act of July 22, 1854.
The report of the surveyor-general gives full lists of names of grantees and claim-
ants; also lists of Spanish and Mexican governors of New Mexico, who granted lands.
A PUEBLO (TOWN) GRANT.
As an illustration of the method of obtaining from the authorities of Spain a grant
or concession for lands (for agriculture, mining, or grazing), the following translation
of the original Spanish grant for the town of Tomé, will suffice:
Grant of the town of Tomé.
Year 1739.
New settlement of “Nuesta Señora de la Concepcion de Tomé Dominguez,” instituted
and established by Don Gaspar Domingo de Mendoza, governor and captain-general
of this kingdom of New Mexico, contained in four pages, including this.
SIR SENIOR JUSTICE: All the undersigned appear before you, and all and jointly,
and each one for himself, state, that in order that his excellency the governor may be
pleased to donate to them the land called Tomé Dominguez, granted to those who
first solicited the same, and who declined settling thereupon, wetherefore ask that the
land be granted to us; we therefore pray you to be pleased “[eaten by mice]* at that
time to "[eaten by mice]" said settlers, we being disposed to settle upon the same
within the time prescribed by law; we pray you to be pleased to give us the grant
which you have caused to be returned, as you are aware that our petition is founded
upon justice and necessity, our present condition being very limited, with scarcity of
wood, pasture for our stock, and unable to extend our cultivation and raising of stock
in this town of Albuquerque, on account of the many foot-paths encroaching upon us,
26 L O—WOL III
402 PRIVATE LAND CLAIMS.
and not allowed to reap the benefit of what we raise, and, in a measure, not even our
crops on account of the scarcity of water, and with most of us our lands are of little ex-
tent and much confined, &c. In view of all which we pray and request you to be
pleased to grant our petition, by doing which we will receive grace with justice; and
we swear in all form that it is not done in malice; We protest costs and whatever may
be necessary. º -
Juan Barela, Joseh Salas, Juan Ballejos, Manuel Carillo, Juan Montaño, Domingo
Cedillo, Matias Romero, Bernardo Ballejo, Gregorio Jamarillo, Francisco Sanchez,
Pedro Romero, Phelipe Barela, Lugardo Ballejos, Augustin Gallegos, Alonzo Perea,
Thomas Samora, Nicholas Garcia, Ignacio Baca, Salvador Manuel, Francisco Silva,
Francisco Rivera, Juan Antonio Zamora, Miguel Lucero, Joachim Sedillo, Simon
Samora, Xpritoval Gallegos, Juan Ballejos, grande, Jacinto Barela, Diego Gonzalez.
In this town of San Phelipe de Albuqurque, on the second day of the month of
July, in the year one thousand and seven hundred and thirty-nine, before me, Captain
Juan Gonzalez Baz, senior justice of said town and its jurisdiction, came the persons
contained in the above petition, which by me seen, I state: That I cannot deliver
to them the grant asked for, as it has been returned by order of my governor, until I
consult with his excellency, to whom this petition is referred, that seeing it, his excel-
lency may determine whatever may be proper. I have so ordered and signed, actin
by appointment, with two attending witnesses, in the absence of a public or roya
notary, there being none in this kingdom. Date, ut 8wpra.
JUAN GONZALEZ BAZ.
Witnesses:
B. S. R. ALEJANDRO GONZALEZ.
SALVADOR MARTINEZ.
Don Gaspar Domingo de Mendoza, governor and captain-general of this kingdom of
New Mexico, for his majesty, having seen the above, I considered it as presented, and
in view of the request of the individuals therein contained, grant to them, in the
name of his majesty, whom may God preserve, the land petitioned for, called the land
of Tomé Dominguez, for themselves, their successors, and whoever may have a right
thereto under the conditions and circumstances required in such cases, and which is
to be without prohibition to any one desiring to settle the same, holding and improv-
ing it during the time required by law. In view of which, I should order, and did
order, that said senior justice or his lieutenant, whose duty it is, shall place them in
the possession of the aforementioned lands, giving in all cases to each one the portion
he may be entitled to in order to avoid difficulties which may occur in the future. I
have so provided, ordered, and signed, acting by appointment, with attending wit-
nesses, in the absence of a royal or public notary, there being none in this kingdom,
and on common paper, there being none other.
DON GASPAR DOMINGO DE MENDOZA.
ANTONIO DE HERRERO. w
JOSEH TERRUS.
POSSESSION.—In the new settlement of “Nuestra Señora de la Concepcion de Thomi
Dominguez,” instituted and established by Don Gaspar Domingo de Mendoza, actual
governor and captain-general of this kingdom of New Mexico, on the thirtieth day of
the month of July, in the year one thousand seven hundred and thirty-nine, I, Cap-
tain Juan Gonzalez Baz, senior justice and war captain of the town of San Phelipe de
Albuquerque, and the districts within its jurisdiction, by virtue of the decree issued
and above provided by said governor, the royal possession ordered to be given being
published and promulgated, and the parties concerned being together, I proceeded to
the above-mentioned place, and all being present, I notified them of the decree; I
took them by the hand, walked with them over the land; they cried out, pulled up
weeds, threw stones, as required by law; and having placed the new settlers in pos-
Session of said lands, I gave them the title and vocacion they should have in the set-
tlement, which bears the name aforementioned, of “Nuestra Señora de la Concepcion
de Thomi Dominguez,” whose titular feast they promised to observe and celebrate
every year. And the first proceedings having been noted, I proceeded to establish the
boundaries as contained in the first petition, which are as follows: on the west the
Del Norte River, on the south the place commonly called “Los Tres Alamos,” on
the east the main ridge called Sandia, and on the north the point of the marsh at
the hill called Tomé Dominguez; at which principal boundaries I ordered them to
perpetuate their existence with permanent landmarks, pointing out to them also, as a
means of good economy, their common pastures, water, and watering places, and uses
and customs for all, to be used without any dispute, with the condition that each one
is to use the same without dispute, in equal portions, the richest as well as the poor-
est; and by virtue of what has been ordered, I pronounce this royal possession as suf-
ficient title for themselves, their children, heirs and successors, to hold their lands
PRIVATE LAND CLAIMS. | 403
now and forever at their will; directing them, as I do direct them, to settle the same
within the time prescribed by the royal ordinances; and for their greater quietude
peace, tranquillity and harmony, I proceeded to point out the land each family should
cultivate, each one receiving in length a sufficient quantity to plant one fanega of
corn, two of wheat, garden and house lot, as follows: To Francisco Sanchez, the gen-
eral boundary on the west, the Del Norte River and (torn) arroyo or dry branch run-
ning out from said river, (torn) bounded by lands of Matias Romero, (torn;) with them
the lands of Ygnacio Baca; with them Lugardo Ballejo; with these, the lands of (torn)
these are bounded by the lands of Bernardo Ballejo, (torn), lands of Juan Ballejo el
ande ; with these (torn) Gregorio Jaramillo; with these are bounded the lands of
'osefa Gutierrez; with these a body of the lands of her brother Gregorio Gutierriz,
(torn) the lands bounded by them; those of Miguel Lucero, (torn ;) with them those
of Francisco de Silva; with these are those of Juan Ballejo the youngest ; with these
are bounded the lands of Manuel Carrillo and his sister Jacinta Martin Carrillo, (torn)
a body of the lands of Juan Barela, (torn) Ventura Romero, Domingo Sedillo, (torn)
Salvador Manuel Marquez, Manuel Carrillo, (torn) Jacinto Barela and Augustin Gal-
lejo, (torn) on the east, (torn) Cristobal Gallegos, Felipe Barela, (torn) Simon Zamora
and Juan Montaio, (torn) which are distributed on uncultivated ground in order that
(torm) appear to be agreed upon (torn) possession was given, (torn) all having ex-
pressed themselves satisfied now and in the future, without failing to comply in one sin-
gle instance with what had been ordered, nor in which said settlers should observe.
And in order that it may so appear, I †. acting by appointment, with attending
witnesses, in the absence of a public and royal notary, there being none in this king-
dom, on said day ut 8.upra, &c., corrected. -
FRANSISCO SANCHEZ.
JUAN GONZALEZ BAZ.
Witnesses: -
ALEJANDRO GONZALEZ.
YSIDRO SANCHEZ.
SURVEYOR-GENERAL's OFFICE, TRANSLATOR'S DEPARTMENT,
Santa Fé, New Mexico, August 25, 1856.
The foregoing is a correct translation of the copy of the original grant to the set-
tlers of Tomé, filed by the claimants.
DAVID V. WHITING,
Thranslator.
SURVEYOR-GENERAL's OFFICE, *
i Santa Fé, New Mexico, September 30, 1856.
The foregoing is a true copy of the translation made in this office of the grant to the
settlers of Tomé, filed by the claimants.
WM. PELHAM,
Surveyor-General.
TERRITORY OF NEW MEXICO, :
Santa Fé Cownty.
To the Hon. William Pelham, surveyor-general of the Territory of New Mexico.
Your petitioners, the inhabitants of thesitio of Tomé, in the county of Valencia, New
Mexico, would respectfully state to you, that in the year 1739 one Juan Barela and .
others petitioned one Gaspar Domingo Mendoza, then captain-general and governor
of the province of New Mexico, under the crown of Spain, for a grant of the sitio
of Tomé Dominguez, Your petitioners would further state, that said petition was
duly presented, and being fully considered by said governor, a grant of land was made
to said petitioners on the 30th day of July, 1739, called the sitio of Tomé Dominguez,
situate now in the county of Valencia, and bounded on the west by the Rio del Norte;
on the south by the stopping place called the Three Trees; on the east with the Sierra
Madre, called Sandia; and on the north by la punta de los Esteros del Serro que llaman
de Tomé Dominguez; which said grant was made to said petitioners and their heirs in
fee, and was duly taken possession of by said grantees, in accordance with the forms of
law then in force, and has ever since that time been in the quiet and peaceable posses-
sion of said grantees, their heirs and assigns, without any adverse claim of any kind
from any source whatever. Your petitioners further state that the town of Tomé is
situated on said grant, and the residence and farms of your petitioners, who have in-
herited the same from the original grantees, or acquired them by purchase. Your pe-
titioners further state that they are not able to state the number of leagues contained
within the boundaries of said grant, as no survey of the same has as yet ever been
made, but the boundaries mentioned in said grant are well known and easily identified.
Your petitioners, the inhabitants of said sitio, to the end that their title may be
404 PRIVATE LAND CLAIMS.
recognized and perfected under the act of Congress, in such case made and provided,
here with present a copy of said grant for your consideration, and report marked with
the letter (W). All of which is respectfully submitted.
The inhabitants of Tomé:
By JOHN S. WATTS, Attorney.
SURVEYOR-GENERAL's OFFICE,
Santa Fé, New Mexico, September 30, 1856.
§s.
The foregoing is a true copy of the notice filed in this office by the attorney of the
inhabitants of the sitio of Tomé for a confirmation of their grant.
WM. PELHAM, .
Surveyor-General.
Town of Tomé.
SURVEYOR-GENERAL'S OFFICE,
Santa Fé, New Mexico, September 2, 1856.
The claim to this town was filed in this office on the 6th day of August, 1856.
In the year 1739 Juan Barela and others petitioned Juan Gonzalez Baz, the senior.
justice of the town of Albuquerque, to grant them a tract of land which had been pre-
viously granted to one Tomé Dominguez, and which grant had been revoked by the
governor and captain-general.
This petition was referred by the senior justice, on the 2d day of July, 1739, to Gas-
par Domingo de Mendoza, governor and captain-general of the Territory, who granted
them the lands in the name of his majesty; and on the 30th day of July, 1739, Juan
Gonzalez Baz, senior justice, and war-captain of the town of San Philipe de Albuquer-
que, and the districts under its jurisdiction, placed the said Barela and companions in
possession of the land so granted, with the following boundaries: on the west, the Del
Norte River; on the south, the place commonly called “Los Tres Alamos'; on the
east, the Sierra Madre, called Sandia; and on the north the point of the marsh of the
hill called Tomé Dominguez.
The original grant of the land embraced in this claim was selected from the archives
of the Territory found at this place, but in so dilapidated a condition, and so much
eaten by mice, that it is not legible. This office has, therefore, acted upon a certified
copy made in the year 1836, filed by the claimant.
The signature of the governor and captain-general on the original grant, on compar-
ison with others of the same officer in this office, appears to be genuine, and the bound-
aries on the original are complete, and correspond with those on the Čopy.
The heirs and successors of the parties to whom this grant was made have been in
the peaceable possession of the land for one hundred and seventeen years, without any
adverse claim from any person whatsoever.
The decrees and orders of the King of Spain, and the recapitulation of the Indians,
conferred upon the governors of territories under its jurisdiction the power of distrib-
uting the public lands, and this grant was made in pursuance of the power so vested;
and the grant to the said town of Tomé is therefore approved, and the Congress of the
United States respectfully recommended to confirm the same, causing a patent to issue
therefor by the proper department, and that the land embraced within the limits set
forth in the grant be surveyed.
- WM. PELEAM,
Surveyor-General of New Mexico.
SURVEYOR-GENERAL's OFFICE,
Santa Fé, New Mexico, September 30, 1856.
The foregoing is a true copy of the original on file in this office. -
- WM. PELHAM,
Surveyor-General of New Mexico.
Thereafter this claim was forwarded to the General Land Office, from whence it went
to Congress, was confirmed, and afterwards surveyed and patented.
INDIAN PUEBLOS IN NEW MEXICO.
The act of March 3, 1857 (11 Stats., p. 184), appropriated $3,750 for surveying and
marking the exterior boundaries of Indian pueblos in the Territory.
PRIVATE LAND CLAIMS. 405
List of patents issued for Indian pueblos in the Territory of New Mexico to June 30, 1880.
Name. Patentee. Area.
Acres.
Pueblo of Tesuque ------------------------- Pueblo of Tesuque. --...-----------------. 17,471. 12
ojoaque ------------------------ Pojoaque ----------------------- 13, 520.38
Nambe -------------------------- Nambe ------------------------- 13, 586.83
San Ildefonso.------------------- San Ildefonso.------------------ 17, 292. 64
Sonta Clara.--------------------- Santa Clara.-------------------- 17, 368, 52
San Juan -----------------------. San Juan ----------------------- 17, 544.77
Picuris -------------------------- Picuris ------------------------. 17,460.69
Taos----------------------------- Taos.--------------------------- 17, 360.55
Pecos.--------------------------. Pecos.-------------------------- 18, 763. 33
Zia ------------------------------ Zin. ----------------------------- 17, 514.63
Jemez --------- • * * * * * * * * * * * * * * * Jemez -------------------------- 17, 510.45
Cochiti -------------------------- Cochiti ------------------------- 24, 256.50
Isleta.--------------------------- Isleta--------------------------- 110,080.31
Sandia.------------------------- Sandia-------------------------- 24, 187. 29
Santo Domingo ------------------ Santo Domingo ----------------. 74,743.11
San Felipe----------------------- San Felipe. --------------------- 34, 766.86
Total acres ----------------------------------------------------------------------- 453,427.48
[See also page 1151.]
Further legislation for New Mexico.
The act of June 21, 1860 (12 Stats. p. 71), confirmed the private land claims recom-
mended for confirmation by the surveyor-general in his letter to the Commissioner of
the General Land Office of January 12, 1858, designated as Nos. 1,3,4,6,8,9, 10, 12, 14,
15, 16, 17, and 18, and the claim of E. W. Eaton, with the proviso that the claim of
John Scolly and others (No. 9) was not confirmed for more than five square leagues,
and the claim of Vigil and St. Vrain (No. 17) for not more than eleven square leagues
to each ; also prescribed the manner of locating the Scolly claim, and of distributing
the quantity confirmed to Vigil and St. Vrain to the derivative claimants under them
and of locating the remainder.
The same act also confirmed the claims recommended by the surveyor-general in his
report and abstract marked exhibit A, communicated to Congress by the Secretary of
the Interior, February 3, 1860, numbered from 20 to 38, both inclusive, except No. 26,
in the name of Juan B. Vigil, which was not confirmed; but it provided that Juan B.
Vigil might prosecute his claim against the United States, within two years, before
the supreme court of the Territory, with right of appeal to the Supreme Court of the
United States; and also that the heirs of Luis Maria Baca, who claimed the land con-
firmed to the town of Las Vegas (No. 20) might select and locate, in five parcels, the
Same quantity of vacant not mineral land—the confirmations by said act only to be
construed as relinquishments on the part of the United States, and not to affect ad-
verse rights.
By the act of March 1, 1861 (12 Stats., p. 887), the claim reported by the surveyor-
general to the Commissioner of the General Land Office November 24, 1860, as No. 43,
was confirmed, the confirmation only to have the effect of a quitclaim by the United
States, and not to affect adverse rights. t
The act of February 25, 1869 (15 Stats., p. 275), required the exterior lines of the Vigil
and St. Vrain claim to be adjusted according to the lines of the public surveys,
subject to the claims derived from said parties; and the claims of all actual settlers
upon the tracts before then claimed by Vigil and St. Vrain, holding possession under
them, who might establish their claims within one year to the satisfaction of the
register and receiver, should in like manner be adjusted; the areas of such claims to
be excluded from the adjusted limits of the claims of Vigil and St. Vrain, respectively;
and for pre-emption and homestead claims falling within the located limits of the
claims of Vigil and St. Vrain they (Vigil and St. Vrain) might locate a like quantity
of public land, not mineral, not exceeding 160 acres in any one section.
By section 2 it was made the duty of the surveyor-general to cause the lines of the
public surveys to be extended over the territory in question, and before the confirma-
406 - PRIVATE LAND CLAIMS.
tion should become effective, Vigil and St. Vrain were required to pay the cost of so
much of the surveys as inured to their benefit, respectively; and all settlers whose
claims may be adjusted as valid to have the right to enter their improvements by com-
pliance with the pre-emption and homestead laws.
By section 3 the surveyor-general was required, upon the adjustment of the claims
of Vigil and St. Vrain, to furnish proper approved plats to them and to the deriva-
tive claimants, which shall be evidence of title.
By section 4 the surveyor-general, upon the running of the lines, was to give notice
to Vigil and St. Vrain, who were to select and locate their claim within three months,
&c., and on failure to make such selection and location within the time prescribed,
they should be deemed to have abandoned their claims, &c.
Section 5 provides that if said claimants neglect or fail to accept the provisions of
the act and of that to which it is amendatory, no suit shall be brought to establish
their claims after six months from the passage of the act.
The act of March 3, 1869 (15 Stats. p. 342), confirms the claims designated as Nos. 41,
42, 44, 46, and 47, in the reports of the surveyor-general and the records of the Gen-
eral Land Office, the confirmation to be construed as a quitclaim only on the part of
the United States, and not to affect adverse rights. The claims confirmed by the act
to be surveyed at the expense of the claimants and patented; patents also to be issued
for lands before confirmed by Congress and surveyed, and plats filed in the General
Land Office. Surveys under the act to conform to, and be connected with, the public
surveys as far as practicable; and lands confirmed, surveyed, and patented, to be in
full satisfaction of all claim against the United States.
By the act of March 3, 1875 (18 Stats., p. 384), the provision of the third section of the
act of May 13, 1862, requiring the expense of survey, &c., to be paid by claimant be-
fore issue of patent, was repealed. (But see section 2400 Revised Statutes.)
NUMBER OF CILAIMS PENDING.
After a lapse of nearly thirty years, more than 1,000 claims have been filed with the
surveyors-general, of which less than 150 have been reported to Congress, and of the
number so reported Congress has finally acted upon only 71. The construction of
railroads through New Mexico and Arizona, and the consequent influx of population
in those Territories, render it imperatively necessary that these claims should be
finally settled with the least possible delay. I have, therefore, the honor to recom-
mend that the attention of Congress be called especially to this subject, with a view
to securing action upon the claims pending before it, and upon the pending bill pro-
viding for the settlement of the remaining claims. (Hon. Secretary of the Interior,
report 1880.) -
With no statute of limitation as to the time of filing these claims, with paper titles
of grant held by men and women, stored away in old boxes or carried about their
persons, no one can form any estimate of the area, yet claimed in New Mexico or Ari-
zona. The surveyors-general and Commissioners of the General Land Office, for years
past, have called upon Congress for the enactment of a statute of limitation as to the
time of filing these private land claims. There may yet be 1,000 or 5,000. As time
moves along the best evidence is fast passing away, which will necessitate more en-
ergy and expense on the part of the United States to head off the prospective modern
manufacture of ancient muniments of title. There have been patents issued by
the United States for 4,456,158.43 acres of private land claims, in New Mexico and Colo-
rado; the largest grant being for 1,714,764.94 acres, and the smallest for 1,720 acres.
[For correct area to June 30, 1883, see page 1151.]
There were, on the 30th of June, 1880, 46 claims for private land grants in New
Mexico and Colorado, containing an area of 4,675,173.57 acres, pending in the General
Land Office for patents, as follows: -
List of confirmed private land claims in New º and Colorado pending in the General
Land O
[See page 1152.]
.Acres.
Preston Beck--------------------------------------------------------- 318,699.72
Tierra Amarilla ------------------------------------------------------ 594,515. 55
Sangre de Cristo ----------------------------------------------------- 1,038, 195. 16
Town of Casa Colorada - - - - - - - - - - - - - - -- - ---------------. - 131, 779.87
*.
PRIVATE LAND CLAIMS. 407
| Acres.
Brazito --------------------------------- * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 10,612.57
Town of Tecolote.------------------------ --------- tº s as º ºs º º, º º sº tº gº tº º ºs º º 21,636.83.
Las Trigos ----------------------------------------------------------- 9,646. 56.
Junta de las Rios----------------------------------------------------- 108,507. 64
Town of Chilili ------------------------------------------------------ 23,626.22
Agua Negra------------------------------------------------- * * * * * * * * * * 17,361. 11
Las Animas, parts of.------------------------------------------------ 17,087.35
Cañon de Pecos ----------------------------- gº tº gº tº sº º ºs º e s as sº º ºs e º 'º - ºn tº sº sº tº sº a 574, 34
Rancho of the Pueblo of San Cristoval -------------------------------- 27,854.06
Las Vegas ----------------------------------------------------------- 496,446.96
Baca; location Nos. 1, 2, 3, 4, and 5----------------------------------- 496,446.96
Town of Tejique -------------------------------------. --------------- 7, 185. 55
Town of Torreon ----------------------------------------------------- 14, 146.11
Town of Manzano ---------------------------------------------------. 17,360. 97
Town of San Ysidro -------------------------------------------------- 11,476.68
Town of Caſion de San Diego.------------------------------- • * * * * > ... - 116,286.89
Town of Las Trampas ------------------------------------------------ 46,461.22
Sebastian Martin grant----------------------------------------------- 51,387.80
Anton Chico ------------------------------------ ſº e º sº e º ºs º ºs e s sº as e = s m is me • s 383,856.81
Indian Pueblo of Laguna-------------------------------- .* * * * - sº º E = º ºs º & 101,510.78
Vicente Duran Armijo grant------------------------------------------ 57. 18
Town of Chamito ----...----- s ºs e º ºs ºs s tº sº me es sº º sº tº s = * * * *e º ºs e s = * * * * * * * * * * * * * * 1,636.29
Town of Tejon.------------------------------------------------------- 12,801.46
Pedro Sanchez grant -------------------. * * * > * > * me a e º 'º - E tº dº e s sº tº sº tº gº tº º Gº tº gº ºn 31, 802.92
Ojo del Anil --------------------------------------------------------- 69,445. 55
Town of Cevolletta -------------------------------------------------- 200,843.25
Antoine Leroux grant. ----------------------------------------------. 126,024.50
Mesita de Juan Lopez------------------------------------------------ 42, 022.85
Ojo del Espirita Santo ----------------------------------------------- 127,875.86
- - - - - - 4,675, 173. 57
June 30, 1880, there were 60 private land claims in Colorado and New Mexico pend-
ing in Congress for confirmation, embracing an area, so far as the same have been
surveyed, of 4,294,672.473 acres. The largest contains 472,736.90 acres, and the small-
est 1,003.55 acres, as follows:
Total acres ----------------------------------------------
List of private land claims in New Mexico and Colorado reported to Congress, and now
awaiting action.
[See page 1153.]
Name Acres. Remarks.
B. M. Montana grant --------------------------------------. 151,056.97
Cañada de los Apaches.------------------------------------- 88,079.78
Nerio Antonio Montoya, Jr.--------------------------------- 3, 546.06
Roque Lovato grant----------------------------------------- 1,619.86
Cañada de los Alamos--------------------------------------. 13, 706.02
Tornardino de Sena -----------------------------------------|---------------- No survey.
J. B. Valdez grant ----------------------------------------- 6, 583.29
Juan de Dios Peña ------------------------------------------|---------------- No survey.
José F. Baca y Torrus -------. -----------------------------| 1, 589. 87
Tio Grande ------------------------------------------------ 109,043.80
Serrillos ------------------------------------------------ 2,287.41
Town of Galisteo.-------------------------------------------|---------------- No survey; jº by
#9 Survey Oº-ºſe 10
Cebolla tract ----------------------------------------------- 17, 159. 57 yor-g
Town of Cieneguilla----------------------------------------- 43,961.54
9950 del Rio. ----------------------------------------------- 62,343.01
Cajon del Rio de Tesuque...--------------------------------. 11,619.56
San Joaquin del Nacimiento...--------------------------. --. 131,725.87
San Clomente tract.----------------------------------------- 89,403.40
Grant to Luis de Armenta.--------------------------------|--------...----. No survey.
Grºnt to Juan Salas--------------------------------------- 436. 41
Grant to Antonio Sandoval.................. • * * * * * * * * * * * * - - - 415, 036. 56
9ängn.de Chama-------------------------------------------. 472,736.95
95° del Apache. --------------------------------------------|------.......... No survey; rejected by
tº Sūr‘WOWOT-ºCºolºi,
Piedra Lumbre ----------------------------------------...-- 48,336. 12 yor-g
Grant to Bartolome Marquez and Francisco Padilla ........ 637. 23
Sierra Mosca................ • * * * * * * * * * * * * * * * * * * * * * * * * * * e s - e. e. 33,250.39
Town of San Antonib del Colorado.......... * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * No survey.
Town *f Ojo Saliente-------------------- • - - - - - - - - - º º º º ºs ºs e - º e 38, 590. 20
San Miguel Spring tract -------------....................... 25, 176, 89

4.08 PRIVATE LAND CLAIMS.
List of private land claims in New Mexico and Colorado, &c.—Continued.
Name. Acres. Remarks.
Arroyo de San Lorenzo ------------------------------------- 130, 138.98
‘Grant of Juan de Mestas. ----------------------------------- 1,686.47 -
“Cuyamungue Pueblo tragt ----------------------------------|---------------- No survey.
Grant to Salvador Gonzales --------------------------------- 103,959.31
Town of Bernalillo ------...----------------------------------- 11, 674. 37
Angustura tract. -------------------------------------------- 2, 319.04
Dona Anna Bend-------------------------------------------- 19,323. 57
Mesilla Colony grant.-------------------------------------- 33,960.33
Grant to Gaspar Ortiz----------------------------, ----------|---------------- No survey on file in Gen-
eral Land Office.
Santa Fé City land claim. ----------------------------------- 17, 361.11
Talaya tract -----------------------------------------------. 1,003. 55
. Refugio º grant --------------------------------------- 26, 130. 19
Grant to F. M. Vigil --------------------------------------- 106,274.87
Ignacio de Roival and Jacinto Pelaez ....................... 46, 341.48
Grant to Antonio E. Armenta. ------------------------------ 42, 939.21
Town of Cevilleta.......... • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 224,770. 13
'Grant to Ignacio Chaves ------------------------------------ 243,036.43
Grant to Mestas Joaquin------------------------------------ 3, 632.94
Bernardo de Miera y Pacheco ... --...----------...------------ 148,862.945
Felipe Tafoya et al.----------------------------------------- 22, 578. 12
Miguel Montoya -------------------------------------------- 3,253.09
Antonio Baca ----------------------------------------------. 43,653. 03
Montano ---------------------------------------------------- 1,890.62
Luis Jaramillo ---------------------------------------------- 18,046.59
Baltazat Baca & Sons -------------------------------------- 12, 207. 408
Petaca grant------------------------------------------------ 186,977. 11
Ojo de la Cabra --------------------------------------------- 4, 340.26
Town of Socorro -------------------------------------------- 843,259.59
Vallicito grant ---------------------------------------------- 114,400. 54
Anaya Almazon.-------------------------------------------- 45,244. 73
Autonio Martinez grant------------------------------------. 67, 480. 20
Total --------------------------------------------- 4, 294, 672. 473
In General Land-Office, to be transmitted to Congress: Una de Gato grant, Reported to be fraudu-
lent by special agent Department of Justice and surveyor-general of New Mexico.
ARIZONA AND COLORADO.
The legislation of July 22, 1854, related to that part of New Mexico which was in-
cluded within the lines defined by the treaty of Guadalupe Hidalgo until the act of
August 4, 1854 (10 Stats., p. 575), which provided that, “until otherwise provided by
law, the territory acquired under the late treaty with Mexico, commonly known as
the Gadsden treaty, be, and the same is hereby, incorporated with the Territory of
New Mexico, subject to all the laws of said last-named Territory.”
Under this act the Secretary of the Interior, in his decision, dated February 17, 1872,
held that the laws therein referred to were United States laws, including the above act
of July 22, 1854, and hence that the jurisdiction of the surveyor-general of New Mex-
ico for the settlement of these claims extended over all the territory acquired by the
Gadsden treaty, unless, in the words of the act of August 4, 1854, some other mode
had been “provided by law.” Since the date of this act the settlement of a part of
these claims in the Gadsden purchase has been otherwise provided for by law.
The provisions of the eighth section of the said act of July 22, 1854, were extended
to Colorado by the seventeenth section of the act of February 28, 1861 (12'Stats.,
p. 176).
By the act of February 24, 1863 (12 Stats., p. 664), a part of the Gadsden purchase
was incorporated into the Territory of Arizona, and by the same act authority was
given for the appointment of a surveyor-general for that Territory. By the subsequent
act of July 15, 1870 (16 Stats., p. 304), the provisions of the eighth section of the act
of July 22, 1854, were extended to Arizona, and the surveyor-general thereof was
thereby clothed with as ample jurisdiction over grants therein as was vested in the
surveyor-general of New Mexico over like claims in the Territory of New Mexico.
On the 9th of January and 11th of April, 1877, this officer issued instructions to the
surveyors-general of Arizona and Colorado, approved by the Secretary of the Interior,
PRIVATE LAND CLAIMS. 409
respectively on the 11th of January and 1st of May, 1877, directing those officers to
proceed, in compliance with the requirements of said act of July 22, 1854, and supple-
mental legislation, to report to Congress the origin, nature, and extent of all private
land claims within their respective districts.
List of private land claims in Arizona reported to Congress.
} [See page 1154.]
ACTes.
San Rafael del Valle--------------------------------------------------- 17,360,760
San Ignacio del Babocomori.------------------------------------------- 34,722.028
San Ignacio de la Canoa ------- --------------------------------------- 17,208.333
Tamacacori and Calabazas--------------------------------------------- 52,007.950
Total ------------------------- 's sº is is ºn tº e is a m = e º e º ºs e e s as sº e º e º ºs e º ºs e e º º is 121,299.071
List of private land claims in Arizona in General Land Office to be reported to Congress.
\ Acres.
San José de Sanvita ---------------------------------------------------- 7,598,070
San Rafael de la Sanja-------------------------------------------------- 17,361. 108
Total ------------------------------------------------------------ 24,959. 178
As the law stands, there are two Territories, New Mexico and Arizona, and one
State, Colorado, in which there are no provisions of law for the settlement of Spanish
and Mexican titles, the protection of which is guaranteed by treaty stipulations.
See “Report with testimony of Public Land Commission, 1880,” for condition of
grants and recommendations.
See Reports Commissioner General Land Office, 1876, ’77–79. Title, “Private land
claims.”
MINERAL IN LANDS IFMBRACED IN PRIVATE LAND GRANTS,
The Commissioner of the General Land Office, in his annual report for 1876, says:
The owners of the grants which have been confirmed by Congress claim all the min-
erals embraced within their limits, upon the ground that the unqualified confirmation
by Congress, and subsequent issue of patents, operates as a quit-claim to the minerals
on the part of the United States Government.
The Spanish and Mexican Governments reserved the right to the minerals unless ex-
pressly granted; therefore, if the United States patents include the minerals, they
not only make good the grants made by Spain and Mexico, but convey additional
rights, and there is no inducement to prospectors to make discoveries. (See re-
port of special agent to investigate this subject in report of Public Land Commission,
February, 1880, pp. 4-12; also, see “Compilation of laws, regulations, usages and
conditions of Spain and Mexico, under which lands were granted and held, and mis-
sions, presidios, and pueblos established and governed,” by John Wasson, U. S. sur-
veyor-general for Arizona.)
The total estimated area of lands embraced within the limits of private land claims
on the public domain, patented and unpatented, is 80,000,000 acres.
UNDER THE THIRD ARTICLE OF THE TREATY witH GREAT BRITAIN OF JUNE 15, 1846,
there is another class of private land claims growing out of possessory rights to lands
held by and under the Hudson's Bay Company and by the Puget Sound Agricul-
tural Company, on the north side of the Columbia. The claim of the last-named
company was for 160,000 acres. These claims were for lands now in Washington Ter-
ritory and Oregon, and were all settled by the executive and legislative departments
many years ago. (See Statutes at Large, 1858, 1860, &c.)
UNDER TREATY WITH RUSSIA—TEEE ALASKA PURCHASE.
Under the third article of the treaty with Russia for the purchase of Alaska March 30,
1867, the United States agreed and guarantied that the inhabitants of Alaska should
be “maintained and protected in the free enjoyment of their liberty, property, and
religion.”
410 PRIVATE LAND CLAIMs.
The Russian and American commissioners, authorized to make and receive transfer
of the province of Alaska, at Sitka (New Archangel), October 18, 1867, signed invento-
ries of public and private property held by individuals under grant from Russia.
(For lists of these, see Ex. Doc. No. 125, second session Fortieth Congress.) -
There has as yet been no legislation in reference to private land claims in Alaska.
MANNER OF SURVEY OF PRIVATE LAND CLAIMS,
Private land claims are surveyed by deputy surveyors, who enter into a contract
with the surveyor-general for that purpose, which contract is approved by the Com-
missioner of the General Land Office. -
After the contract has been approved and the necessary bond filed by the deputy,
the surveyor-general issues special instructions for the survey, describing the boun-
daries of the claim as confirmed. These surveys are invariably of an irregular shape,
and therefore do not conform to the legal subdivisions of the public surveys,
C H A PTE R X X XII.
TO DECEMBER 1, 1883.
[See pages 1157–1179.]
EXISTING METHODS OF SALE AND DISPOSITION OF PUBLIC LANDS.
Af To JUNE 30, 1880.
The several existing laws for the sale and disposition of the public domain permit
entries and locations by individuals, associations, and corporations.
A single man, a married man, a single woman, or a married woman, if (legally) the
head of a family, citizens of the United States, or have declared their intentions to
become such, can have the benefits of the several settlement laws.
The theory of the settlement laws is that an individual, if he be not already the
owner of 320 acres of land, can purchase 160 acres under the pre-emption act after six
months' settlement, occupation, and improvement, and can acquire 160 acres under the
homestead act by residence, improvement, and cultivation for a term of five years,
with certain legal rebates as to time of settlement, or can purchase at the end of six
months by commutation.
Under the several settlement and occupancy laws, however, a person can legally
acquire 1,120 acres of the public domain.
CLASSIFICATION.
The existing laws recognize several classes of lands, as follows:
Mineral.—“In all cases “lands valuable for minerals’ shall be reserved from sale,
except as otherwise expressly directed by law.” (Section 2318, R. S.)
Timber and stone.—Lands valuable chiefly for timber and stone, unfit for cultivation.
Saline.—Salt springs.
Town-site lands.—Any unoccupied public lands. -
Desert.—Lands which will not, without irrigation, produce an agricultural crop.
Coal lands.—Lands containing coal. - -
And all others as agricultural. *
Special laws are provided for each of the seven classes named. Lands reserved or
withdrawn “are not subject to entry or location.”
AGRICULTURAL LANDS.
Agricultural lands can be taken in tracts of from 40 to 160 acres under the pre-emp-
tion, homestead, and timber-culture acts, or purchased at public sale or private entry.
Of agricultural public lands there are two classes: the one class at $1.25 per acre,
which is designated as minimum, and the other at $2.50 per acre, or double minimum.
The latter class consists of tracts embraced within the alternate sections of land re-
served to the United States in acts of Congress making grants within prescribed limits
of the lines ef railroads, or other works of internal improvements, to aid in the con-
struction thereof, such reserved sections being double in price. Congress, by an act
approved June 15, 1880, reduced to $1.25 per acre any lands then subject to entry
(meaning, in this connection, ordinary cash entry of offered lands), which were put in
market at the enhanced price prior to the 1st of January, 1861. Title may be acquired
by purchase at public sale, or by ordinary “private entry,” and in virtue of the pre
emption, homestead, timber-culture, and other laws.
All lands obtained under the homestead laws are exempt from liability for debts
contracted prior to the issuing of patent therefor.
411
412 EXISTING METHODS OF DISPOSITION.
FEES AND COMMISSIONS.
For homestead entries on lands in Michigan, Wisconsin, Iowa, Missouri, Minnesota,
Kansas, Nebraska, Dakota, Alabama, Mississippi, Louisiana, Arkansas, and Florida,
commissions and fees are to be paid according to the following table:

Commissions. Fee.
Acres. |Price Per Total of fee and
3CIT0 Payable when Payable when Payable when COIn IniSS10118.
entry is made. certificate issues. entry is made. -
160 $2 50 $800 $800 $10 00 $26 00
80 2 fºſ) 4 00 4 00 5 00 13 00
40 2 5ſ) 2 00 2 00 5 00 9 00
160 1 25 4 00 4 00 10 00 18 00
80 1 25 2 00 2 00 5 00 9 00
40 1 25 1 00 . 1 00 5 00 7 00
In addition to the States and Territories above named, the same rates will apply to
'Ohio, Indiana, and Illinois, if any vacant tracts can be found liable to entry in these
three States, where but very few isolated tracts of public land remain undisposed of.
In the Pacific and other political divisions, viz: On lands in California, Nevada,
Oregon, Colorado, New Mexico, and Washington, and in Arizona, Idaho, Utah, Wy-
oming, and Montana, the commissions and fees are to be paid according to the fol-
lowing table:

Commissions. Fee.
Acres. Price per Total of fee and
3CI'0, Payable when Payable when Payable when COIIll IllSSIOlš.
entry is made. certificate issues. entry is made.
160 $2 50 $12 00 $12 00 $10 00 $34 00
80 2 50 6 00 6 00 5 00 17.00
40 2 50 3 09 3 00 5 00 11 00
160 1 25 6 00 6 00 10 00 22 00
80 1 25 3 00 3 00 5 00 11 00
40 1 25 1 50 1 50 5 00 8 00
PRE-EMPTION ACTS.
Under the pre-emption acts (see Chapter X, p. 214,) settlers pay a fee of $1,50 in the
the Pacific division, and in all other localities $1, each, to the register and receiver of
the land office upon filing declaratory statement, and at the time of final proof and entry
pay an acreage of $1.25 per acre, or $2.50 per acre, as the case may be, for single or
double minimum land.
MINERAL LANDS.
Mineral lands are located and sold thereafter in the manner described in Chapter
XXVI. -
COAL LANDS.
The public lands of the United States containing coal are disposed of under the act
of Congress approved March 3, 1873.
The sale of coal lands is provided for by this act—
1. By ordinary private entry under section 1. -
2. By granting a preference right of purchase based on priority of possession and
improvement under section 2. - -
The land entered under either section must be by legal subdivisions, as made by the
regular United States survey. Entry is confined to surveyed lands; to such as are
ExISTING METHODS OF DISPOSITION. 413
vacant, not otherwise appropriated, reserved by competent authority, or containing
valuable minerals other than coal.
Individuals and associations may purchase. If an individual, he must be twenty-
one years of age and a citizen of the United States, or have declared his intention to
become such citizen.
If an association or persons, each must be qualified as above.
A person is not disqualified by the ownership of any quantity of other land, nor by
having removed from his own land in the same State or Territory.
Any individual may enter by legal subdivisions as aforesaid any area not exceeding
160 acres.
Any association may enter not to exceed 320 acres.
Any association of not less than four persons, duly qualified, who shall have ex-
pended not less than $5,000 in working and improving any coal mine or mines, may
enter under section 2 not exceeding 640 acres, including such mining improvements.
The price per acre is $10 where the land is situated more than fifteen miles from any
completed railroad, and $20 per acre where the land is within fifteen miles of such road.
Where the land lies partly within fifteen miles of such road and in part outside such
limit, the maximum price must be paid for all legal subdivisions the greater part of
which lies within fifteen miles of such road.
The term “completed railroad” is held to mean one which is actually constructed
on the face of the earth, and lands within fifteen miles of any point of a railroad so
constructed will be held and disposed of at $20 per acre,
One year from and after the expiration of the period allowed for filing the declara-
tory statement is given within which to make proof and payment, but no party will
be allowed to make final proof and payment, except on notice to all others who appear
on the records as claimants to the same tracts.
SALINE LANDS.
The act of Congress of January 12, 1877, provides that where tracts are found to be
saline in character, and therefore under pre-existing laws not subject to disposal,
they shall be offered at public sale at not less than $1.25 per acre, and if not then sold
shall be thereafter held subject to private entry at the same price, as other public
lands. The act provides for an investigation to ascertain by testimony the true char-
acter of public lands, where there shall be reason to suppose that they are saline.
This act is confined in its operations to States which have had grants of salines which
have been fully satisfied, or under which the right of selection has expired by efflux
of time. This act excepts from its operation the Territories and the States of Missis-
sippi, Louisiana, Florida, California, and Nevada.
TOWN SITES.
There are two methods of acquiring title to town sites on the public lands. By one
method, under sections 2382, 2383, 2384 and 2385 of the Revised Statutes of the United
States, the area of the city or town is limited to 640 acres. The founders are to lay it
off into lots. A map is to be made describing its exterior boundaries according to the
lines of the public surveys, where such lines are executed, giving the name of the
city or town, exhibiting the streets, squares, blocks, lots, &c., the lots not to exceed
4,200 square feet, with a statement of the extent and general character of the im-
provements, the map and statement to be verified under oath by the party acting for
and in behalf of the persons proposing to establish the city or town. The map and
statement must be filed with the recorder for the county in which the town is situ-
ated. When the town is situated in an organized land district a verified copy of such
map and statement must be filed with the register and receiver. A similar copy is to
be filed in the General Land Office within one month after the filing thereof in the re-
corder's office, as also the testimony of two witnesses that the city or town has been
414 EXISTING METHODS OF DISPOSITION.
established in good faith. The lots may then be offered at public sale to the highest
bidder, at a minimum of $10 for each lot. Any tracts not then sold are afterwards lia-
ble to private entry at said minimum, or at such reasonable price as the Secretary of
the Interior may order from time to time as the municipal property may increase or
decrease, after at least three months' notice. A privilege is allowed to any actual
settler upon any lot of pre-empting the same and any additional lot on which he may
have substantial improvements, at the minimum price at any time before the day fixed
for the public sale.
Where it is preferred, as it usuallyis, the sections 2387, 2388 and 2389 of the Revised
Statutes of the United States grant to the inhabitants of cities and towns on the pub-
lic lands the privilege of entering the lands occupied as town sites at the minimum
price of $1.25 per acre, through the corporate authorities of such towns and cities, or
the judges of the county courts acting as trustees for the occupants thereof. The maxi-
mum quantity liable to entry varies with the number of the inhabitants. If 100 and
less than 200, the maximum is 320 acres; if more than 200 and less than 1,000, it is 640
"acres; if 1,000 and over, it is 1,280 acres; and for each additional 1,000 inhabitants,
not exceeding 5,000 in all, a further quantity of 320 acres is allowed to be entered.
STONE AND TIMEER LANDS,
Surveyed lands in California, Oregon, Nevada, and the Territory of Washington, not
yet proclaimed and offered for sale, valuable chiefly for timber and stone, unfit for
cultivation, and consequently for disposition under the pre-emption and homestead
laws, may be entered under the first, second, and third sections of the act of Congress
of June 3, 1878. The quantity is limited to 160 acres to any one person, and the price
is fixed at $2.50 per acre. The applicant must be a citizen of the United States, or
must have declared his intention to become a citizen under the naturalization laws.
He must make affidavit that he is a citizen, and produce evidence of the fact; also a
sworn statement designating by legal subdivisions the particular tract of land he de-
sires to purchase, setting forth that it is unfit for cultivation and valuable chiefly for
its timber or stone; that it is uninhabited, contains no mining or other improvements
except for ditch or canal purposes, where any such do exist, save such as were made by
or belong to the applicant, nor, as deponent verily believes, any valuable deposit of
gold, silver, cinnabar, copper, or coal; that deponent has made no other application
under this act; that he does not apply to purchase the same on speculation, but in
good faith to appropriate it to his own exclusive use and benefit, and that he has not,
directly or indirectly, made any agreement or contract, in any way or manner, with
any person or persons whatsoever, by which the title which he might acquire from the
Government of the United States should inure in whole or in part to the benefit of any
person except himself. The statement must be verified by the oath of the applicant
before the register or receiver of the district land office,
A notice of the application, describing the land, shall be posted in the office of the
register for sixty days, and shall be published by the applicant in a newspaper pub-
lished nearest the location of the premises for the same period of time. At the ex-
piration of that time, proof of the publication of the notice and of the character and
condition of the land as set forth in the sworn statement must be made, after which,
if no objection appear, the entry will be allowed. The character and condition of
the land must be shown by the affidavits of disinterested witnesses taken before the
register or receiver, or any officer using a seal and authorized to administer oaths in
the land district in which the land lies. Entry will be allowed and return thereof
made to the General Land Office for the issue of the patent as in case of an ordinary
cash sale.
The register and receiver are entitled to a fee of $5 each for allowing an entry un-
der said act, and jointly at the rate of 224 cents per hundred words for testimony
reduced by them to writing for claimants.
ExISTING METHODS OF DISPOSITION. 415
DESERT LANDS.
The desert-land law of March, 3, 1877, is confined in its operation to the States of Cali-
fornia, Oregon, and Nevada, and the Territories of Washington, Idaho, Montana,
Utah, Wyoming, Arizona, New Mexico, and Dakota. Only one entry can be made by
any one person, and the maximum quantity which may be embraced therein is one
section or 640 acres. A person desiring to avail himself of this law must be a citizen
of the United States, or must have declared his intention to become a citizen. He
must first submit proof that the land is of a class which will not without irrigation
produce any agricultural crop, and, if it lies along streams or about bodies of water,
that it will not produce hay without irrigation. He must also file his sworn declara-
tion setting forth his qualification under the statute, and his intention to reclaim the
tract applied for by conducting water thereon within three years from date of his
declaration. If foreign-born, he must produce the record evidence of his naturaliza-
tion, or of his having declared his intention to apply therefor, as the case may be.
The land must be described in the declaration by legal subdivisions, if surveyed,
and if not surveyed, by reference to conspicuous landmarks, or the established lines
of survey. Thereupon the entry may be allowed, the party paying twenty-five cents .
per acre, the register and receiver issuing their joint certificate, and within three years
the applicant must produce satisfactory proof of having reclaimed the land applied for
by conducting water thereon, after which he may perfect his entry by paying the addi-
tional sum of one dollar per acre. This proof of reclamation must consist of the testi-
mony of at least two disinterested and credible witnesses who must appearin person
before the register and receiver of the proper district land office. The proof being
found satisfactory, and full payment made, the receiver issues his final receipt, and the
register his final certificate, on which the patent is issued.
No assignments are recognized under the desert-land law.
PUBLIC OFFERING AND PRIVATE ENTRY.
Lands are sold at public salé after offering in the manner indicated in prior pages
of this volume, but no lands can be entered at private sale unless they have first been
offered at public sale. The area of lands that can be so entered is small and they lie
in isolated tracts in various States and Territories, except the total area of surveyed
offered public lands in the five Southern States of Alabama, Arkansas, Florida,
Louisiana, and Mississippi, which can be purchased at any district land office in said
States in legal subdivisions, having been duly offered under the act of Congress of
June 22, 1876. f
C H A PTE R. XXXIII.
To DECEMBER 1, 1883.
{See pages 1179–1214.]
STATES AND TERRITO RIES, 1776 T 0 1880.
To JUNE 30, 1880.
By the terms of the Constitution of the United States any of the original thirteen
States were to become States in the Union upon ratification of that instrument, and
without further legislation than official information of ratification. After its adoption
by the ratification of eleven States (nine only being necessary), and going into effect
March 4, 1789, the two outstanding States, North Carolina and Rhode Island, upon mes-
sage from the President were admitted into the Union by the seating of their Senators
and Representatives in Congress, and the extension of the terms of the judiciary act
over them.
NEW STATES.
Under the third section of the fourth article of the Constitution, the United States,
through Congress, reserved to themselves the right to admit new States, by declaring
that “New States may be admitted by the Congress into this Union”; and, as the
fourth section of the same article requires that “The United States shall guarantee
to every State in this Union a republican form of government,” it has in practice been
deemed a prerequisite that the people proposing to form a new State shall be author-
ized by law to form a constitution, to be submitted to Congress, so as enable that
body to judge of its republican character, before admitting them to the rights,
privileges, and immunities secured through the organization of a State government,
and upon an equal footing with other States; still this has been varied in several cases
hereafter noted. -
The Constitution of the United States declares, that “New States may be admitted
by the Congress into this Union; but no new State shall be formed or erected within
the jurisdiction of any other State, nor any State be formed by the junction of two
or more States, or parts of States, without the consent of the legislatures of the States
concerned as well as of the Congress.”
The Constitution also declares that “the Congress shall have power to dispose of,
and make all needful rules and regulations respecting the territory or other property
belonging to the United States; and nothing in this Constitution shall be so construed
as to prejudice any claims of the United States, or of any particular State.”
Under this clause Congress exercises the power of creating Territorial governments,
which in process of time, by the increase of population, apply on behalf of the people for
authority to form constitutions and State governments, with a view to admission into
the Union, and it is for the Congress of the United States, in the exercise of their con-
stitutional powers, to judge of the expediency and the time of admitting them to all
the privileges and immunities of States in the American Union.
AS TO THE ADMISSION OF NEW STATES.
The power to expand the territory of the United States by the admission of new
States is plainly given, and in the construction of this power by all the departments
of the Government it has been held to authorize the acquisition of territory not fit
for admission at the time, but to be admitted as soon as its population and situation
would entitle it to admission. It is acquired to become a State, and not to be held as a
colony, and governed by Congress with absolute authority, and as the propriety of
admitting a new State is committed to the sound discretion of Congress, the power to
acquire territory for that purpose, to be held by the United States until it is in a.
416
STATES AND TERRIT ORIES. 417
suitable condition to become a State upon an equal footing with the other States,
must rest upon the same discretion. It is a question for the political department of
the Government, and not the judicial; and whatever the political department of the
Government shall recognize as within the limits of the United States, the judicial
department is also bound to recognize and to administer in it the laws of the United
States, so far as they apply. (Supreme Court United States, in Dred Scott v. Sandford,
19, How., 393.) - -
The entire subject of the admission of a State into the Union from a Territorial or
other condition, with a constitution and a complete State government in operation, as
in the case of California, or without a constitution, as in the case of Kentucky, is
wholly within the province of Congress.
TERRITORIES.
Under section 3, Article IV, of the Constitution, Congress governs the territory of
the United States. Congress can acquire territory by purchase or treaty, and then can
enact laws for its government.
The Supreme Court of the United States, in American Insurance Co. v. Canter
(1 Peters, 511), said: *
In legislating for the Territories Congress exercises the combined powers of the Gen-
eral and of a State government.
The right to govern the territory of the United States is the inevitable consequence
of the right to acquire territory. (Dred Scott v. Sandford, 19 How., 393; American
Insurance Co. v. Canter, 1 Pet., 511; U. S. v. Gratiot, 14 Pet., 526.)
Congress possesses the absolute power of governing and legislating for the Terri-
tories, and may give a Territorial court jurisdiction over a suit brought by or against
a citizen of a Territory. (Sere v. Pilot, 6 Cranch., 332.)
The power to govern the Territories subject to the Constitution is in Congress. It
may do it mediately or immediately, either by the creation of a Territorial govern-
ment with power to legislate for the Territory, subject to such restraints and limita-
tions as Congress may impose upon it, or by the passage of laws directly operating
upon the Territory, without the intervention of a subordinate government. (Edwards
v. Panama, 1 Oregon, 418.)
A Territorial government is the only mode by which the purchasers and occupants
of lands beyond the limits of any State can be protected in their rights of person and
property. Hence the implied power of Congress to establish such a government.
(U.S. v. Railroad Bridge Co., 6 McLean, 517; U. S. v. Gratiot, 14 Pet., 526; State v.
Navigation Co., 11 Mart., 309.)
The power to acquire necessarily carries with it the power to preserve and apply to
the purposes for which it was acquired. It is therefore the duty of Congress to estab-
lish a government over the people in a Territory. The form of government to be estab-
lished necessarily rests in the discretion of Congress. Some form of civil authority is
absolutely necessary to organize and preserve civilized society and prepare it to become
a State, and what is the best form must always depend on the condition of the Terri-
tory at the time, and the choice of the mode must depend upon the exercise of a dis-
cretionary power by Congress, acting within the scope of its constitutional authority.
(Dred Scott v. Sandford, 19 IIow., 393.)
REFERENCES TO EXISTING ORGANIC ACTS.
Territories are bodies politic, and have legal status under an organic act, but no
sovereignty. *
Organic acts have been passed from time to time from 1784 to 1868, viz: Ohio, ordi-
nance of 1787; Louisiana, March 3, 1805; Indiana, May 7, 1800; Mississippi, April 7,
1798; Illinois, February 3, 1809; Alabama, March 3, 1817; Missouri, June 4, 1812;
Arkansaw (Arkansas), March 2, 1819; Michigan, January 11, 1805; Florida, March 30,
1822; Iowa, June 12, 1838; Wisconsin, April 20, 1836; Minnesota, March 3, 1849; Oregon,
August 14, 1848; Kansas, May 30, 1854; Nevada, March 2, 1861; Nebraska, May 30,
1854; Colorado, February 28, 1861. All of the above are now States.
ExISTING TERRITORIES.
New Mexico, September 9, 1850; Utah, September 9, 1850; Washington, March 2,
1853; Dakota, March 2, 1861; Arizona, February 24, 1863; Idaho, March 3, 1863; Mont-
ana, May 26, 1864; Wyoming, July 25, 1868.
27 L O—WOL III
418 STATES AND TERRITORIES.
º Twº- +
GOVERNMENT OF THE TERRITORIES.
The territory northwest of the river Ohio (the one first created) was organized by the
ordinance of July 13, 1787. The form of government provided for the direct control of the
Territory by officers appointed by the United States, and consisted of a governor, secre-
tary, and three judges of the superior court. The legislative power was in the governor
and the judges of the court. All their laws were subject to disapproval by Congress,
and the United States paid all official salaries and the necessary expenses of govern-
ment. When the Territory should have 5,000 free male inhabitants of full age they
were to be entitled to a general assembly, consisting of a council and house of repre-
sentatives. The members of the house were to be elected by the people. The coun-
cil, consisting of 5 members, was nominated by the house, and appointed by Congress
from ten names thus selected. This form of government was extended over Indiana
by the act of May 7, 1800, but the feature of a council appointed by Congress was
changed to one elected by the people by the act of February 27, 1809. The organic
act for Mississippi, April 7, 1798, the Illinois act of 1809, the Alabama act of 1817,
Missouri act of 1812, Michigan act of 1805, and Arkansaw act of 1819, were gradual
enlargements of the rights and privileges of the Territories. In the Florida act of
March 30, 1822, the powers were much enlarged, and this was really the first organic
act. It set out and defined fully the powers and duties of a Territory and its people,
with the exception of the method of appointing the members of the council, fifteen in
all, to be appointed by the President of the United States. This feature was not en-
acted into the organic act for the Territory of Wisconsin, April 20, 1836, but the old
system of an elective assembly was restored. This act was in the form of all the pres-
ent organic acts, with slight alterations.
The usual method of organizing a Territory prior to the Florida act of 1822 was for
Congress to describe the metes and bounds of a certain portion of the public domain
and organize it into a Territory by name, re-enacting, with slight additions, an exist-
ing law relating to some other Territory, such as the ordinance of 1787, which was, in
terms or effect, with slight modifications, extended over or embraced in the organic
laws and acts for all of the Territories of the Union.
PRESENT FORM OF GOVERNMENT.
In each of the eight organized Territories the United States appoint and pay the
governor, secretary, chief justice, and 2 associate justices, the marshal, and district
attorney. In some of the Territories the judges create the judicial districts from the
several counties, and the justices are assigned to hold court therein; in others the
governor of the Territory performs this duty, and in some instances the matter is regu-
lated by the legislature. Dakota has 3 associate justices.
The legislature, council and house, are elected by the people. The legislative terma
and length of time of holding session are fixed by Congress, which pays the members
and expenses of holding sessions and for printing laws. Biennial sessions are the rule
under the act of March 3, 1869.
In all the Territories, except Utah, where his veto power is absolute, the governor
has a veto which may be overcome by a two-thirds vote.
Citizens of the Territories vote for local officers and Delegates to Congress, but not
for President and Vice-President.
The legislative power extends to all “rightful subjects of legislation”; all acts are
to be approved by Congress, to whom they are reported at once after each session of
the legislature. Acts stand approved until disapproved.
The Secrétary of the Interior now has charge, formerly exercised by the Department
of State, over the Territories.
The Territories contain counties and municipalities chartered under special laws
by the legislature, or under a general act. County and city officials are elected by the
people, and in some of the Territories there are Territorial officers, coutrollers, auditors,
º
STATES AND TERRITORIES. 419
or treasurers, &c., elected by the people, or appointed under laws of the legislature.
Taxes are levied and paid out for the common benefit. Loans are created and bonds
issued by the cities, counties, and Territories.
"The courts, supreme and district, held by the United States judges, have both a
United States and Territorial side, trying offenses and enforcing suits under the laws
of the United States, or the codes enacted by the legislatures of the respective Terri-
tories; courts of probaté and justices' courts are provided for under local laws. The
court expenses, on behalf of the United States, or while sitting as United States courts,
are paid by the United States. Expenses while sitting as Territorial courts are paid
by the several counties in which the district courts are sitting. Appeals are granted
and writs of error issued to the Supreme Court of the United States, where the amount
in controversy exceeds a given sum, varying in the several Territories.
Each Territory has a Delegate in Congress, elected for two years by the people, who
draws the same pay as a member of the House of Representatives and sits therein.
He may (and does on the Public Lands, Mines, and Indian) serve on committees, and
can speak, but cannot vote. -
These Territorial governments, under an act of incorporation, are custodians on be-
half of the United States of certain functions of government to be used for the benefit
of persons or citizens within certain definite geographical divisions. These govern-
ments are or can be altered, abolished, reduced, or the Territory transferred by the
United States at the pleasure of Congress. Territorial forms of government are re-
placed by the State governments, upon the entry of a Territory into the Union as a
State, usually (except in four instances) retaining the name under which it was
organized; the laws of the Territory governing until all functions are taken up by
the State government. (See secs. 1839 to 1895, Chap. I, and 1925 to 1976, Chap. II,
title The Territories, U. S. Revised Statutes.)
THE THIRTEEN ORIGINAL STATES.
The thirteen original States were admitted as follows:
. Delaware adopted and ratified Constitution December 7, 1787.
. Pennsylvania adopted and ratified Constitution December 12, 1787.
. New Jersey adopted and ratified Constitution December 18, 1787.
. Georgia adopted and ratified Constitution January 2, 1788.
Connecticut adopted and ratified Constitution January 9, 1788.
Massachusetts adopted and ratified Constitution February 6, 1788.
. Maryland adopted and ratified Constitution April 28, 1788.
. South Carolina adopted and ratified Constitution May 23, 1788.
. New Hampshire adopted and ratified Constitution June 21, 1788.
. Virginia adopted and ratified Constitution June 26, 1788.
11. New York adopted and ratified Constitution July 26, 1788.
12. North Carolina adopted and ratified Constitution November 21, 1789.
13. Rhode Island adopted and ratified Constitution May 29, 1790.
1
For derivation of names of the thirteen original States, see page 464.
For population and statistics see compendium Ninth and Tenth Censuses, and tables
Tenth Census. -
THE L E G IS LATIVE STATES.
The date of organization or admission of the several legislative States are given
below, with, population at periods. The public-domain States are noted, together
with their rapid increase of population. Many of the acts referred to under these sev-
eral States contain provisions general or special relating to the public lands therein.
420 STATES AND TERRITORIES.
ADMISSION OF STATES INTO THE UNION BY CONGRESSIONAL ENACTMENT, AND OR-
GANIZATION OF THE PUBLIC DOMAIN INTO TERRITORIES AND STATES.
The first State admitted by Congressional enactment into the Union after the adop-
tion of the Constitution of the United States and the organization of the government
thereunder was—
V E R M O N T. e
(From French words “verd,” green, and “mont,” mountain.)
Population.
1790 ---------------------------------------------------------------------- 85,425
1800 ---------------------------------------------------------------------- 154,465
1810 ---------------------------------------------------------------------- 217,895
1820 ---------------------------------------------------------------------- 235,966
1830 ---------------------------------------------------------------------- 280, 652
1840 -------------------------------------------------------------- * * * * * * * 291,948
1860 ---------------------------------------------------------------------- 314, 120
1860 ---------------------------------------------------------------------- 315,098
1870 ---------------------------------------------------------------------- 330,551
1889 ---------------------------------------------------------------------- 332,286
Area, 10,212 square miles, or 6,535,680 acres.
No Territorial condition under laws of United States. -
Act to admit approved February 18, 1791. It was formed from a part of the Terri-
tory of New York, its legislature consenting by act of March 6, 1790. (Journal Senate
of the United States, February 9, 1791, and appendix to Journal House of Representa-
tives, vol. 1, p. 412.)
See Chap. II, title “Vermont Colonization,” for Vermont during colonial period.
July 2, 1777, a convention met, framed a constitution at Windsor; adjourned July
8, 1777. It was adopted by the legislature of 1779 and 1782, and became a part of the
laws of the State.
July 4, 1786, Vermont, by convention, framed a second constitution, which was
adopted by the legislature, and became law in March, 1787. -
Application of the Commissioners of Vermont to Congress for admission into the
Union was received at Philadelphia February 9, 1791, a constitution having been formed.
Vermont contains no public domain.
Entitled to two Representatives by act of Congress February 25, 1791.
An act giving effect to laws of the United States in Vermont, after March 3, 1791,
approved March 2, 1791.
Admitted into the Union March 4, 1791.
K E N T U C KY
(Indian—At the head of river) was the second State admitted into the Union.
Population.
Years. Whito. Colored. Total
1790 -------------------------------------------------------------- 61,133 12, 544 73,677
1800 -------------------------------------------------------------- 179,873 41,082 220, 955
1810 -------------------------------------------------------------- 324, 237 82,274 406, 511
1820 -------------------------------------------------------------- 434,622 129,491 564,113
1830 ------------------------------- • * * * * * * * * * * * * * * * * * * * * * * * * * * * * ~ * 517,787 170, 130 687,917
1840 -------------------------------------------------------------- 590,253 189, 575 779, 828
1850 -------------------------------------------------------------- 761,413 220,992 982, 405
1860 -------------------------------------------------------------. 919,484 || 236,167 1,155,684
1870 -------------------------------------------------------------- 1,098,692 222, 210 1,321,011 .
1880 -------------------------------------------------------------. 1, 377, 179 271,451 | 1,648, 690

Area, 37,680 square miles, or 24,115,200 acres.
Act to admit approved February 4, 1791. Admitted into the Union June 1, 1792.
No Territorial condition under laws of United States. -
STATES AND TERRITORIES.
421
Formed from the territory of Virginia with the consent of its legislature by act of
December 18, 1789 (Journal Senate of the United States, December 9, 1790; Laws of
the United States; and message of President to Congress, December 8, 1790). Ten
conventions were held by the people, and four enabling acts were passed by Virginia
prior to admission of Kentucky. Application of the convention of Kentucky received
December 9, 1790 (See Journal House of Representatives, vol. 1, p. 411, appendix).
(Its constitution not then formed.) Act of Congress for its reception and admission
on June 1, 1792, approved on February 4, 1791.
Entitled to two Representatives, by act of Congress February 25, 1791.
No act giving effect to the laws of the United States in Kentucky.
A copy of the constitution formed for the State of Kentucky, by a convention which
met at Danville, April 2 to 19, 1792, but which was not submitted to the people for
ratification, laid before Congress by the President of the United States on November
7, 1792.
Kentucky was nominally in the territory south of the river Ohio, but contained no
public domain.
e
>
T E N N E S S E E
(Indian—River of big bend) was the third State admitted.
Population.
Years. - White. Colored. | Total
1790 - - - - - - • E is s ºs ºs º $ tº º sº sº tº e º ºs º & º & we º ºs º º º sº e s tº sº sº e º º ºs s = e º ºs s a tº sº ºr e º ºs º e s as * * * * g is as sº a 31,913 3,778 35, 691
1800 -------------------------------------------------------------------- 91, 709 13,893 105, 602
1810 -------------------------------------------------------------------- 215,875 45,852 261,727
1820 --------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 339,927 82,844 422,771
1830 -------------------------------------------------------------------. 535,746 || 146, 158 | 681, 904
1840 -------------------------------------------------------------------- 640, 627 | 188, 583 || 829, 210
1850 -------------------------------------------------------------------- 756,836 245,881 | 1,002, 717
1860 -------------------------------------------------------------------- 826,722 || 283,019 || 1, 109,801
1870 -------------------------------------------------------------------- 936, 119 322,331 1,258, 520
1880 ------------------------------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1, 138,831 403, 151 | 1, 542, 359

Area, 45,600 square miles, or 29,184,000 acres.
No organic act. Act to admit approved June 1, 1796; admitted into the Union
same date.
Part of the territory of the United States south of the river Ohio.
Formed of territory ceded to the United States by the State of North Carolina. Once
ealled by the inhabitants, prior to 1784, the “Watauga," government. After 1784 the
people organized a government known as the State of “Frankland.” The Watauga
constitution was the first west of the Alleghanies.
An act for the government of the territory of the United States south of the river
Ohio was approved May 26, 1790. See also act of May 8, 1792. The people of that
territory formed a convention, which met at Knoxville January 11, 1796, adopted a
constitution on February 6, 1796, and applied for admission (see Journal of the House
of Representatives April 8, and Senate Journal April 11, 1796, and folio State Papers,
“Miscellaneous,” vol. 1, pp. 146–7, 150); upon which “an act for the admission of the
State of Tennessee into the Union” was passed and approved June 1, 1796, by which
the laws of the United States were extended to that State, and it was allowed one
Representative in Congress.
The said laws were again extended to the State of Tennessee by an act approved
January 31, 1797, and by an act approved February 19, 1799. This last act divided
the State into eastern and western districts.
The entire area of Tennessee was public domain, but the United States gave the
422 STATES AND TERRITORIES.
same to the State, after deducting the lands necessary to fill the obligations in the
deed of cession of North Carolina. (See Chapter III, title “Reservations in cessions
by States.”)
O HIO
(Indian—Beautiful) was the fourth State admitted.
Population.
Years. White. Colored. | Total.
1800 ------------------------------------------------------------------ 45,028 337 45, 365
1810 ------------------------------------------------------------------ 228,861 1, 899 || 230,760
1820 ------------------------------------------------------------------ 576, 572 4,723 581,295
1830 ------------------------------------------------------------------ 928, 329 9, 574 || 937,903
1840 ------------------------------------------------------------------ 1,502,122 17, 345 1,519,467
1850 ------------------------------------------------------------------ 1,955, 050 25, 279 1,980, 329
1860 ------------------------------------------------------------------ 2, 302, 808 || 36, 673 2,339, 511
1870 ------------------------------------------------------------------ 2, 601,946 63,213 2,665,260
1880 ------------------------------------------------------------------ 3, 117,920 79,900 3, 198,062
Area, 39,964 square miles, or 25, 576,960 acres.
No Territorial-condition as Ohio Territory. Act to admit April 30, 1802. Admitted
November 29, 1802. - -
Under ordinance of 1787, territory northwest of the river Ohio ceded by Virginia.
Formed out of a part of the territory northwest of the river Ohio and part of Mich-
igan Territory. An act to provide for the government of the territory northwest of
the river Ohio was approved on July 13, 1787. This territory was divided into two
separate governments by act of Congress of May 7, 1800.
For the entire history of the territory out of which this State and the States of Indi-
ana, Illinois, Michigan, and Wisconsin, were formed, and its immediate connection
with the formation of our “more perfect union,” see chapter W.
The census of the territory, and petitions from the people thereof, referred to com-
mittee of the House of Representatives. (See Journal January 29, 1802. See report
March 4, 1802, folio State Papers, Miscellaneous,” vol. 1, p. 325.)
The State of Ohio.
An act to enable the people of the eastern division of said territory to form a con-
stitution and State government was passed and approved April 30, 1802, by which
that State was allowed one Representative in Congress. A constitution was accord-
ingly formed by a convention which met at Chillicothe November 1 to 29, 1802, and
presented to Congress. (See Journal Senate January 7, 1803.) This was not sub-
mitted to the people.
The said people having, on November 29, 1802, complied with the act of Congress
of April 30, 1802, whereby the said State became one of the United States, an act
was passed and approved on February 19, 1803, for the due execution of the laws of
the United States within that State.
An act in addition to, and in modification of, the propositions contained in the act
of April 30, 1802, was passed and approved on March 3, 1803.
All of the area of Ohio, except the Western Reserve and other reservations, was
public domain, and was surveyed and disposed of under laws of the United States.
By act of July 31, 1876, the land-offices in Ohio, Indiana, and Illinois were abol-
ished; and by act of March 3, 1877, the vacant tracts of public land in Ohio, Indiana,
and Illinois were made subject to entry and location at the General Land Office, Wash-
ington, D.C. (See Regulations of General Land Office.)
STATES AND TERRITORIES. 423
L O U IS I.A. N. A.
(after Louis XIV. of France) was the fifth State admitted.
Population.
Years. White. Colored. | Total.
1810 -------------------------------------------------------------------- 34, 311 42, 245 76, 556
1820 -------------------------------------------------------------------- 73,383 || 79, 540 | 152, 923
1830 -------------------------------------------------------------------. 89, 441 | 126, 298 215,739
1840 -------------------------------------------------------------------- 158,457 193, 954 352,411.
1850 -------------------------------------------------------------------- 255,491 262,271 517,762
1860 -------------------------------------------------------------------. 357,456 350, 373 708, 002
1870 -------------------------------------------------------------------- 362,065 || 364,210 || 726,915
1880 -------------------------------------------------------------------- 454,954 || 483, 655 | 939,946

Area, 41,346 square miles, or 26,461,440 acres. - -
A Territorial condition. Act organizing, March 3, 1805. Admitted April 30, 1812.
Formed out of part of the territory ceded to the United States by France.
The Territory of Louisiana.
On October 31, 1803, an act to enable the President of the United States to take
possession of the territories ceded by France to the United States, by the treaty con-
cluded at Paris on the 30th of April last, and for the temporary government thereof,
was passed and approved. -
Louisiana was erected into two Territories by act of Congress, approved March 26,
1804; one called the Territory of Orleans, and the other called the District of Lou-
isiana, which became the State of Missouri.
The Territory of Orleans.
An act further providing for the government of the Orleans Territory was approved
March 2, 1805, which authorized the people to form a constitution and State govern-
ment when their number should amount to 60,000. .
A memorial of the legislature of the Territory of Orleans, on behalf of the inhabit-
ants (see folio State Papers, “Miscellaneous,” vol. 2, p. 51) was presented in Senate
United States. (See Journal, March 12, 1810.)
An act to enable the people of the Territory of Orleans to form a constitution and
State government, &c., by which that State was allowed one Representative until the
next census, was passed and approved February 20, 1811.
The State of Louisiana formed from the Territory of Orleans.
The people having, on January 22, 1812, formed a constitution (which was framed
by a convention which met at New Orleans, November, 1811, and adjourned June 22,
1812) and State government, and given the State the name of Louisiana, in pursuance
of the said act, an act for the admission of the State of Louisiana into the Union, and
to extend the laws of the United States to the said State, was passed and approved
April 8, 1812.
On May 22, 1812, an act supplemental to the act of April 8, 1812, was approved.
Excepting certain grants made by former sovereigns and other owners of the soil,
all of the State of Louisiana was public domain, and was and is surveyed and disposed
of by the United States.
424 STATES AND TERRITORIES.
INDIAN A
(from Indian) was the sixth State admitted.
* Population.
Years. White. Colored. | Total.
1800 ----------------------------------------------- ------------------- 5,343 298 5,641
1810 ------------------------------------------------------------------ 23,890 630 || 24, 520
1820 ---------------------------------------------------- - - - - - - - - - - - - - - 145,758 1,420 147,178
1830 ------------------------------------------------------------------ 339,399 || 3,632 343,031
1840 ----------------------------------------------------------------- 678,698 || 7, 168 | 685, 866
1850 ------------------------------------------------------------------ 977, 154 || 11,262 988,416
1860 ------------------------------------------------------------------ 1,338,710 | 11,428 1,350,428
1870 -----------------------------------------------------------------. 1,655,837 24, 560 | 1,680,637
1880 ------------------------------------------------------------------ 1,938, 798 || 39,228 1,978, 301

Area, 33,809 square miles, or 21,637,760 acres. ,
A Territorial condition. Act organizing, May 7, 1800. Admitted December 11, 1816.
Formed out of a part of the Northwestern Territory. (See “Ohio.”)
The Indiana Territory.
The Territory established by act of May 7, 1800.
The Territory divided into two separate governments, and that of Michigan created
by;act of January 11, 1805.
The Territory again divided into two separate governments, and that of Illinois
created by act of February 3, 1809.
The legislature of the Territory, on behalf of the people, applied to be enabled to
form a constitution, &c. (See Journal of House of Representatives, December 28, 1815,
and January 5, 1816; also folio State Papers, “Miscellaneous,” vol. 2, p. 277.)
The State of Indiana.
An act to enable the people of the Indiana Territory to form a constitution and State
government, &c., by which that State was allowed one Representative, was passed
April 19, 1816. -
The said people having, on June 29, 1816 (through a convention at Corydon), formed
a constitution, &c., a joint resolution for admitting the State of Indiana into the
Union was passed and approved December 11, 1816.
The laws of the United States extended to the State of Indiana, by act of March 3,
1817.
All of the area of Indiana was public domain, except certain grants made by foreign
sovereigns, former owners of the soil, and was surveyed and disposed of under laws of
the United States. (See note under “Ohio,” as to law placing the remainder of the
public domain in Indiana under the General Land Office, directly in charge of the
Commissioner, through whom entries must be made.)
MISSISSIPPI
(Indian—Great long river) was the seventh State admitted.
Population.
Years. White. Colored. | Total.
1890 ------------------------------------------------------------ .e. as e ºs º ºs. º ºs 5,179 || 3,671 8, 850
1810 -------------------------------------------------------------------- 23,024 17,328 40,352
1830 -------------------------------------------------------------------- 42, 176 33,272 75,448
1889 -------------------------------------------------------------------- 70,443 | 66,178 || 136,621
1840 -------------------------------------------------------------------- 179,074 196,577 375,651
1890 -------------------------------------------------------------------- 295, 718 310, 808 606, 526
1859 -------------------------------------------------------------------- 353,899 || 437,404 791, 305
1870 -------------------------------------------------------------------- 382,896 ,201 || 827, 922
880 -------------------------------------------------------------------- 479,398 || 650,291 1, 131, 597

Area, 47,156 square miles, er 30,179,840 acres.
STATES AND TERRITORIES. 425
A Territorial condition. Act organizing, April 7, 1798. Admitted December 10, 1817.
Portion of the State once in the Territory south of the river Ohio. Part of the
British province of West Florida. -**
Formed out of a part of the territory ceded to the United States by the State of
South Carolina, and out of territory ceded by the State of Georgia and France.
- The Mississippi Territory.
The government of the Territory established by act of Congress of April 7, 1798.
Limits settled and government established by act of Congress of May 10, 1800.
Territory on the north added to the Mississippi Territory, by act of Congress of
March 27, 1804. -
The boundaries enlarged on the south, by act of Congress of May 14, 1812.
A joint resolution of Congress “requesting the State of Georgia to assent to the
formation of two States from the Mississippi Territory” was passed and approved June
17, 1812, and the Territory of Alabama was formed from Mississippi.
A motion was made in House of Representatives of the United States to inquire into
the expediency of admitting Mississippi into the Union, December 28, 1810. Reported
on by committee, January 9, 1811. (See folio State Papers, “Miscellaneous,” vol. 2,
p. 129.)
A petition from the inhabitants of Mississippi, that it be made a State, &c., pre-
sented in House of Representatives, November 13, 1811. Reported on by committee
of House of Representatives, December 17, 1811. (See same book, p. 163.) -
Bill passed House of Representatives. Report adverse in Senate, April 17, 1812, and
bill postponed. (See same book, p. 182.)
A memorial presented in House of Representatives, January 21, 1815. Reported on
February 23, 1815. (See same book, p. 274.)
A memorial presented in House of Representatives, December 6, 1815. Reported on
December 29, 1815. (See same book, p. 276.)
A memorial presented in House of Representatives, December 9, 1816. Reported on
December 23, 1816. (See same book, p. 407.) Reported on January 17, 1817. (See
same book, p. 416.)
The State of Mississippi.
An act to enable the people of the western part of the Mississippi Territory to form
a constitution and State government, &c., was passed and approved on March 1, 1817,
by which the State was to have one Representative until the next census. -
The said people having (through a convention which met at the town of Washing-
ton, July 7 to August 15, 1817) formed a constitution, and which was ratified by the
people at a special election, a joint resolution for the admission of the State of Missis-
sippi into the Union was passed and approved December 10, 1817.
On April 3, 1818, an act to provide for the due execution of the laws of the United.
States within the State of Mississippi was approved.
All of the area of the State of Mississippi was public domain and was surveyed,
and was and is now disposed of by the United States.
II, LIN O IS
(Indian, “Illini,” men, and French, “ois,” tribe of men) was the eighth State admitted.
Population.
Years. White. Colored. | Total.
1810 ------------------------------------------------------------------. 11, 501 781 12,282.
1830 -------------------------------------- ----------------------------- 53,788 1,374 55, 162
1830 ------------------------------------------------------------------. 155,061 2,384 || 157,445.
1840 ------------------------------------------------------------------- 472,254 3,929 || 476, 183
1850 -----------------------------------------------------------------. 846, 0.34 5,436 851,470.
1860 ------------------------------------------------------------------- 1,704, 291 7,628 1,711, 951
1870 ------------------------------------------------------------------- 2, 511,096 28,762 2, 539, 89%
1880 ------------------------------------------------------------------- 3,031, 151 || 46,368 3,077,871

426 STATES AND TERRITORIES.
Area, 55,414 square miles, or 35,465,093 acres.
A Territorial condition. Act organizing, February 3, 1809. Admitted December 3,
i818.
Formed out of a part of the Northwestern Territory. (For proclamation of General
Gage, respecting the country of Illinois, made December 30, 1764, see Bioren and
Duane's edit. Laws, vol. 1, p. 506.) -
Illinois Territory.
An act for dividing the Indiana Territory into two separate governments, and organ-
izing the Illinois Territory, was passed and approved February 3, 1809.
An act to amend the act of April 16, 1814, extending the western boundary of Illi-
nois to the middle of the Mississippi, to include the islands between the middle and
eastern margin of that river, was passed and approved February 27, 1815.
A memorial of the legislative council, to be allowed to form a State government, &c.,
presented in House of Representatives, January 16, 1818.
The State of Illinois.
An act to enable the people of the Illinois Territory to form a constitution and State
government, and authorizing one Representative in Congress, &c., was passed and
approved April 18, 1818. By this act a part of the Territory of Illinois was attached
to the Territory of Michigan.
The people having, on August 26, 1818 (through a convention at Kaskaskia), formed
a constitution, &c., a joint resolution declaring the admission of the State of Illinois
into the Union was passed and approved December 3, 1818.
An act to provide for the due execution of the laws of the United States within the
$tate of Illinois was passed and approved March 3, 1819.
The entire area of Illinois, excepting certain grants made by foreign sovereigns
prior to 1783, was public domain, and was surveyed, and was and is disposed of by the
united States. (See note under Ohio in relation to entries of public domain in Illinois
through the Commissioner of the General Land Office.)
ALA BAMA
(Indian—Here we rest) was the ninth State admitted
Population.
Years. White. Colored. | Total.
1820 -------------------------------------------------------------------- 85,451 42, 450 127,901
1830 -------------------------------------------------------------------. 190,406 || 119, 121 309, 527
1840 -------------------------------------------------------------------. 335, 185 255, 571 590,756
1880 -------------------------------------------------------------------- 426, 514 || 345, 109 771,623
1860 -------------------------------------------------------------------. 526, 271 || 437,710 964, 201
1870 -------------------------------------------------------------------. 521, 384 || 475, 510 996, 992
1880 ------------------------------------------------------------------- 662, 185 600, 103 | 1, 262, 505

Area, 50,722 square miles, or 32,462,115 acres.
A Territorial condition. Act organizing, March 3, 1817. Admitted December 14,
1819.
Part of the British province of West Florida, and part of the Territory south of the
Tiver Ohio. Formed out of a part of the territory ceded to the United States by
France and by the States of South Carolina and Georgia.
Alabama Territory.
The eastern part of Mississippi territory made a separate territory, and called “Ala-
bama,” by act of Congress approved March 3, 1817.
STATES AND TERRITORIES. 427
A petition of the legislative council of Alabama on behalf of the people, praying to
be allowed to form a constitution, &c., was presented in the House of Representatives
December 7, 1818. •
- The State of Alabama.
An act to enable the people of the Alabama Territory to form a constitution and
$tate government, &c., authorizing one Representative in Congress, was passed and
approved March 2, 1819. -
The people having, on August 2, 1819, through a convention which met at Hunts-
ville, formed a constitution, &c., a joint resolution declaring the admission of the
State of Alabama into the Union was passed and approved December 14, 1819.
The laws of the United States were extended to the State of Alabama by act of
April 21, 1820, establishing a district court, &c. -
All of the area of the State of Alabama was public domain, was surveyed, and was
and is now disposed of under the laws of the United States.
MA. IN E
(Maenus) was the tenth State admitted.
Population.
Years. White. Colored. | Total.
1790 -------------------------------- s sº tº gº & tº º sº tº dº gº & e º º sº e º sº dº º sº tº e = * * * * * * * * * * * 96,002 538 96, 540
1800 -------------------------------------------------------------------- 150,901 818 151,719
1810 -------------------------------------------------------------------- 227,736 969 228,705
1820 ------------------------------------------------------------- ------ 297, 340 929 298,269
1830 -------------------------------------------------------------------- 398,263 1, 192 399, 455
1840 -------------------------------------------------------------------- 500, 438 1, 135 501,793
1850 -------------------------------------------------------------------- 581, 813 1, 356 583, 169
1860 -------------------------------------------------------------------. 626, 947 1, 327 628,279
1870 -------------------------------------------------------------------- 624, 809 | 1,606 626, 915
1880 -------------------------------------------------------------------- 646, 852 1,451 648,936
Area, 35,000 square miles, or 22,400,000 acres.
No organic act. No Territorial condition under laws of United States. Act to ad-
mit, March 3, 1820. Admitted March, 15, 1820.
Formed out of a part of the territory of Massachusetts (see Chapter II, “Maine”),
and from territory ceded to United States by Great Britain by the definitive treaty of
September 4, 1783.
The legislature of Massachusetts, June 10, 1819, submitted the question of separation
to the people of Maine, who, on July 19, 1819, voted 17,091 votes for, to 7,132 votes
against a separate and independent State. A convention met at Portland October 11,
1819, to form a constitution. Adjourned from October 29 to January 5, 1820, to re-
ceive the results of the special election upon the adoption or rejection of the constitu-
tion, which received 9,040 votes for to 796 against. The illegal or unseasonable vote
was 985 votes for to 77 against.
A petition of a convention on behalf of the people of the district of Maine, praying
to be permitted to form a separate State, was presented in the House of Representa-
tives of the United States December 8, 1819.
Cession of Maine by Massachusetts, approved by the governor February 25, 1820.
An act for the admission of the State of Maine into the Union was passed and
approved March 3, 1820, in the following words:
Whereas, by an act of the State of Massachusetts, passed on the 19th day of June,
in the year 1819, entitled “An act relating to the separation of the district of Mainé
from Massachusetts proper, and forming the same into a separate and independent
State,” the people of that part of Massachusetts heretofore known as the district of
Maine, did, with the consent of the legislature of said State of Massachusetts, form
428 STATES AND TERRITORIES.
themselves into an independent State, and did establish a constitution for the govern-
ment of the same, agreeably to the provisions of the said act; therefore,
Be it enacted by the Senate and House of Representatives of the United States of America.
in Congress assembled, That, from and after the 15th day of March, in the year 1820,
the State of Maine is hereby declared to be one of the United States of America, and
*. into the Union on an equal footing with the original States, in all respects
WIla,00Ver, -
On the 7th of April, 1820, the following act was passed and approved:
AN ACT for apportioning the Representatives in the seventeenth Congress, to be elected in the State
of Massachusetts and Maine, and for other purposes. -
Be it enacted by the Senate and House of IRepresentatives of the United States of America
in Congress assembled, That, in the election of Representatives in the seventeenth Con-
gress, the State of Massachusetts shall be entitled to choose thirteen Representatives
only; and the State of Maine shall be entitled to choose seven Representatives, ac-
cording to the consent of the legislature of said State of Massachusetts, for this pur-
pose given, by their resolve passed on the 25th day of January last, and prior to the
admission of the State of Maine into the Union.
SEC. 2. And be it further enacted, That, if the seat of any of the Representatives in
the present Congress, who were elected in and under the authority of the State of
Massachusetts, and who are now inhabitants of the State of Maine, shall be vacated
by death, resignation, or otherwise, such vacancy shall be supplied by a successor who
shall, at the time of his election, be an inhabitant of the State of Maine.
The United States held no public lands in Maine.
MISS O U R I
(Indian—Muddy) was the eleventh State admitted.
Population.
Years. White. Colored. Total.
1810 -------------------------------------------------------------- 17,227 3,618 20,845
1820 --------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 55, 988 10, 569 66,557
1830 -------------------------------------------------------------- 114,795 25,660 140,455
1840 -------------------------------------------------------------- 323,888 59,814 383,702
1850 -------------------------------------------------------------- 592, 004 90,040 682, 044
1860 -------------------------------------------------------------- 1,063, 489 118, 503 | 1, 182,012
1870 -------------------------------------------------------------- 1, 603, 146 118,071 1,721, 295
1880 -------------------------------------------------------------- 2, 022,826 145,350 2, 168,380

Area 65,350 square miles, or 41,824,000 acres.
A Territorial condition. Act organizing, June 4, 1812. Admitted August 10, 1821.
Formed out of part of the territory ceded by France.
The District of Louisiana.
Missouri was created under the name of the District of Louisiana by the “Act
erecting Louisiana into two Territories, and providing for the temporary government
thereof,” which was approved March 26, 1804. By this act the government of this
District was placed under the direction of the governor and judges of the Indiana Ter-
ritory.
gºal. 3d of March, 1805, an act further providing for the government of the District
of Louisiana was approved.
The Territory of Louisiana.
By this act a separate government was formed under the title of the Territory of
Louisiana. - -
STATES AND TERRITORIES. 429
Missouri Territory.
An act providing for the government of the Territory of Missouri was passed and
approved June 4, 1812, by which it was provided “That the Territory heretofore called
Louisiana shall hereafter be called Missouri,” &c.
An act to alter certain parts of the act providing for the government of the Territory
of Missouri was passed and approved April 29, 1816.
An act establishing a separate Territorial government in the southern part of the
Territory of Missouri, to be called Arkansas Territory, was passed the 2d March, 1819.
A memorial of the legislative council and house of representatives of the Territory
of Missouri, in the name and on behalf of the people, for admission into the Union as
a State, was presented in the Senate on December 29, 1819.
The State of Missouri.
An act to authorize the people of the Missouri Territory to form a constitution and
State government, and for the admission of such State into the Union on an equal foot-
ing with the original States, and to prohibit slavery in certain Territories, was passed
March 6, 1820. - - -
The people having, on July 19, 1820, through a convention which met at Saint Louis
June 12 to July 19, 1820, and whose act was confirmed by the people at the ensuing
election, formed a constitution in pursuance of said act, the same was laid before Con-
gress on November 16, 1820. Mr. Lowndes, from the committee to which it was re-
ferred, made a report to the House of Representatives November 23, 1820, accompanied
by a “Resolution declaring the admission of the State of Missouri into the Union.”
(See folio State Papers, “Miscellaneous,” vol. 2, p. 625.) -
The Senate passed a joint “Resolution declaring the admission of the State of Mis-
souri into the Union,” on December 12, 1820, which was referred to a select committee
in the House of Representatives, and on February 10, 1821, Mr. Clay made a report.
(See folio State Papers as above, p. 655.) The House rejected the resolution of the
Senate on February 14, 1821. On February 22, on motion of Mr. Clay, a committee
on the part of the House was appointed to join a committee on the part of the Senate
on the subject of the admission of Missouri.
On February 26, Mr. Clay, from the joint committee, reported a “Resolution pro-
viding for the admission of the State of Missouri into the Union on a certain condition,”
which resolution was passed and approved March 2, 1821. The said condition was
accepted by the legislature of Missouri by “A solemn public act, declaring the assent
of this State” to “the fundamental condition” contained in a resolution passed by the
Congress of the United States providing for the admission of the State of Missouri
into the Union on a certain condition, which was approved by the governor on June
26, 1821. -
. On August 10, 1821, the President of the United States issued his proclamation de-
claring the admission of Missouri complete according to law.
On March 16, 1822, an act to provide for the due execution of the laws of the United
$tates within the State of Missouri, &c., was passed and approved.
The entire area of Missouri, excepting certain grants made by foreign sovereigns,
former owners of the soil, was public domain and was surveyed, and was and now is
disposed of under laws of the United States.
430 STATES AND TERRITORIES.
A R K.A.N S.A. S
(Arc, a bow—prefixed to Kansas) was the twelfth State admitted.
- Population.
Years. "White Colored. Total
1820 -------------------------------------------------------------- 12, 579 1,676 14, 255,
1830 -------------------------------------------------------------- 25, 671 4,717 30, 388
1840 -------------------------------------------------------------- 77,174 20, 400 97, 374
1850 -------------------------------------------------------------- 162, 189 47,708 209,897
1800 -------------------------------------------------------------- 324, 143 111, 259 435,450.
1870 -------------------------------------------------------------- 362,115 122, 169 484, 471
1880 -------------------------------------------------------------- 591, 531 210, 666 802, 525.
|

Area 52,202 square miles, or 33,410,063 acres.
A Territorial organization. Act organizing, March 2, 1819. Admitted June 15, 1836.
Formed out of part of the territory ceded to the United States by France.
The Arkansaw Territory.
An act establishing a separate Territorial government in the southern part of the
Territory of Missouri was passed March 2, 1819, by which it was named Arkansaw.
Arkansas Territory.
An act relative to the Arkansas Territory, declaring that the act of June 4, 1812,
for the government of Missouri, as modified by the act of April 29, 1816, should be in
force in Arkansas, was passed April 21, 1820.
An act to fix the western boundary line of the Territory of Arkansas, and for other
purposes, was passed May 26, 1824. - - -
An act to run and mark a line dividing Arkansas from Louisiana was passed and
approved May 19, 1828.
A memorial of the inhabitants, by a convention which met at Little Rock January 4
to 30, 1836, praying that Arkansas might be admitted into the Union, accompanied by
a constitution formed by said convention, was presented in the House of Representa-
tives on March 1, 1836. (See printed documents, House of Representatives, 1st session,
24th Congress, vol. 4, Nos. 133, 144–95.) The proceedings of said convention were also
communicated to the House of Representatives through the President of the United
States on March 10, 1836. (See said printed documents, vol. 4, No. 164.)
The State of Arkansas.
“An act for the admission of the State of Arkansas into the Union, and to provide
for the due execution of the laws of the United States within the same, and for other
purposes,” was passed June 15, 1836, containing the following preamble, viz:
Whereas the people of the Territory of Arkansas did, on the 30th day of January, in
the present year, by a convention of delegates called and assembled for that purpose,
form for themselves a constitution and State government, which constitution and State
government, so formed, is republican: And whereas, the number of inhabitants within
the said Territory exceeds forty-seven thousand seven hundred persons, computed
according to the rule prescribed by the Constitution of the United States; and the
said convention have, in their behalf, asked the Congress of the United States to admit
§: said Territory into the Union as a State, on an equal footing with the original
tates.
By this act Arkansas was allowed one Representative until the next census, and the
laws of the United States were extended over the same.
On June 23, 1836, an act supplemental to the foregoing act was passed and approved.
All of the area of the State of Arkansas was public domain, and was surveyed and
was and now is disposed of under the laws of the United States. -
STATES AND TERRITORIES. 431
MIC H IG AN
(Indian—A weir for fish) was the thirteenth State admitted.
Population.
Years. White. || Colored. Total.
1810 -------------------------------------------------------------- 4,618 144 4,762
1820 -------------------------------------------------------------- 8,591 174 8,765.
1830 -------------------------------------------------------------. 31,346 293 31,639.
1840 -------------------------------------------------------------- 211,560 707 212, 267
1850 -------------- * * * * * * * * * * * * * * * * * as as e = * * * * * * * * * * * * * * * * * * * * * * * * * * * 395,071 2,583 307, 654
1860 -----------------------------------------------, -------------- 736, 142 6, 799 749, 113
1870 -------------------------------------------------------------- 1, 167,282 11, 849 1, 184, ſ)59.
1880 -------------------------------------------------------------- 1,614, 560 15, 100 1,636,937

Area, 56,451 square miles, or 36,128,640 acres.
A Territorial condition. Act organizing, January 11, 1805. Admitted January 26,
1837.
Formed out of part of the “Territory northwest of the river Ohio.”
The Territory of Michigan.
An act to divide the Indiana Territory into two separate governments, and establish-
ing that of the territory of Michigan, was passed and approved January 11, 1805.
An act to authorize the President of the United States to ascertain and designate.
certain boundaries, was passed and approved May 20, 1812, by which the boundary
between Ohio and Michigan was directed to be ascertained and marked.
By the act of April 18, 1818, to enable the people of Illinois to form a constitution and
State government, &c., a part of that territory was attached to the Territory of
Michigan.
An act to amend the ordinance and acts of Congress for the government of the Terri-
tory of Michigan, and for other purposes, was passed and approved March 3, 1823.
An act in addition to the above act, passed and approved February 5, 1825.
An act to provide for the taking of certain observations preparatory to the adjust-
ment of the northern boundary line of the State of Ohio was passed and approved
July 14, 1832.
A memorial of the legislative council, praying that Michigan be admitted into the
Union, was presented in the Senate January 25, 1833. (See Senate documents second
session Twenty-second Congress, vol. 1, No. 54.) A bill for that object was reported
in the House of Representatives on February 26, 1833.
A memorial for admission was presented in the House of Representatives December
11, 1833, and in the Senate February 28, 1834. (See documents House of Representa-
tives, first session Twenty-third Congress, vol. 3, No. 168, vol. 4, Nos. 245, 302.)
A report was made by a select committee of the House of Representatives on the
subject of boundary, &c., on March 11, 1834. (See reports of committees of IHouse
of Representatives, first session Twenty-third Congress, vol 3, No. 334.) This re-
port was accompanied by a bill to provide for taking a census or enumeration of the
inhabitants of the eastern division of the Territory of Michigan, and of the Territory
of Arkansas.
And on April 12, 1834, the same committee reported a bill establishing the Territo-
rial government of Huron.
An act to attach the territory of the United States west of the Mississippi River,
and north of the State of Missouri, to the Territory of Michigan, was passed and ap-
proved June 28, 1834.
A memorial was presented in the Senate December 23, and House of Representatives
December 29, 1834, for the erection of “Wisconsin” into a separate government. (See
documents House Representative, second session Twenty-third Congress, vol. 2, Nos.
34, 47.)
432 STATES AND TERRITORIES.
Resolutions of the legislative council of Michigan, relative to boundary with Ohio,
gresented in House of Representatives January 3, 1835. (See said vol. 2, No. 53.)
A memorial of legislative council of Michigan, relative to southern boundary thereof,
presented in the House of Representatives March 2, 1835. (See said documents, vol.
5, No. 183.)
Two maps prepared under resolution House of Representatives of June 11, 1834.
(See said documents, vol. 5, No. 199.)
The constitution of Michigan was framed by a convention, called by the legislative
council of the Territory, which met at Detroit May 11 to June 29, 1835. It was ratified
by the people November 2, 1835, and transmitted to Congress by the President Decem-
ber 10, 1835. (See below.)
Two messages to Congress by the President of the United States, with documents
relating to the boundaries and the admission of Michigan into the Union, were re-
ceived on December 10, 1835. (See Senate documents, first session Twenty-fourth
Congress, vol. 1. Nos. 5 and 6.)
A message from the President to Congress with documents and map relating to the
boundary between Ohio and Michigan was received January 12, 1836. (See Senate
documents as above, vol. 2, No. 51.)
A report was made by a committee of the Senate on the subject of the boundary
line, accompanied by a map, on March 1, 1836. (See Senate documents as above, vol.
3, No. 211.)
A report was made by a committee of the House of Representatives, on March 2,
1836, on the subject of admission, boundary, &c. (communicating a large collection
of documents relating to the entire subject). (See reports of committees, House of
Representatives, first session Twenty-fourth Congress, vol. 2, No. 380.)
The State of Michigan.
“An act to establish the northern boundary line of the State of Ohio, and to provide
for the admission of the State of Michigan into the Union, upon the conditions therein
expressed,” was passed June 15, 1836. By this act Michigan was authorized to send
one Representative to Congress until the next census. An act supplementary to the
said act was passed June 23, 1836. -
An act to provide for the due execution of the laws of the United States within the
State of Michigan was passed July 1, 1836. -
An act to admit the State of Michigan into the Union upon an equal footing with
the original States was passed January 26, 1837, containing the following preamble,
viz:
Whereas, in pursuance of the act of Congress of June 15, 1836, entitled “An act to
establish the northern boundary of the State of Ohio, and to provide for the admis-
sion of the State of Michigan into the Union upon the conditions therein expressed,”
a convention of delegates, elected by the people of the said State of Michigan, for
the sole purpose of giving their assent to the boundaries of the said State of Michigan
as described, declared, and established in and by the said act, did, on December 15,
1836, assent to the provisions of said act; therefore,
Be it enacted, &c., That the State of Michigan shall be one, and is hereby declared
to be one, of the United States of America, and admitted into the Union on an equal
footing with the original States, in all respects whatever.
An act to ascertain and designate the boundary line between the State of Michigan
and the Territory of Wisconsin was passed and approved June 12, 1838.
All of the area of Michigan was public domain, excepting certain grants made by
foreign sovereigns, former owners of the soil, and was and now is surveyed and dis-
posed of under laws of the United States. - -
º
*
f
STATES AND TERRITORIES. 433
FLORIDA
(after Easter Sunday; Spanish, Paescua–Florida) was the fourteenth State admitted.
Population.
Years. - White. Colored. Total.
1830 -------------------------------------------------------------- 18, 385 16, 345 34,730
1840 -------------------------------------------------------------- 27, 943 26, 534 54,477
1850 -------------------------------------------------------- • & º º º 47, 203 40, 242 87, 445
1800 -------------------------------------------------------------- 77,746 62, 677 140, 424
1870 -------------------------------------------------------------- 96,057 91, 689 187, 748
1880 -------------------------------------------------------------- 142, 605 126, 690 269, 493
Area, 59,268 square miles, or 37,931,520 acres.
A territorial organization. Organic act, March 30, 1822; admitted March 3, 1845.
Formed out of the territory ceded by Spain to the United States.
The treaty of cession and boundaries.
The boundaries of East and West Florida, in the hands of the British Government
October 7, 1763. (See vol. 1, Laws United States, Bioren and Duane's edition, p. 444.)
The boundaries of West Florida, as changed by the British Government June 6,
1764. (See same volume, p. 450.)
A resolution and several acts of Congress were passed to enable the President of
the United States to take possession of the Floridas under certain contingencies at
the following dates, viz:
A resolution January 15, 1811. (Laws United States, Bioren and Duane's edition,
vol. 6, p. 592.)
An act January 15, 1811. (Same vol., p. 592.)
An act March 3, 1811. (Same vol., p. 593.)
An act February 12, 1813. (Same vol., p. 593.) -
An act to authorize the President of the United States to take possession of East
and West Florida and establish a temporary government therein was passed March
3, 1819. . - - - -
An act for carrying into execution the treaty between the United States and Spain,
concluded at Washington on February 22, 1819, was passed March 3, 1821. -
Ratification of the treaty and exchange of ratification February 22, 1821. (Laws
United States, Bioren and Duane's edition, vol. 6, p. 631.)
Copies of grants of lands annulled by said treaty. (Same vol., p. 632–637.)
Articles of surrender of East Florida to the United States on July 10, 1821. (Same
vol., p. 638.) - .
Article of surrender of West Florida to the United States on July 17, 1821. (Same
vol., p. 639.) -
Proclamation of General Jackson, as governor, assuming authority over the said
Territories in the name of the United States, July 17, 1821. (Same vol., p. 641.)
The Territory of Florida.
An act for the establishment of a Territorial government in Florida was passed
March 30, 1822. -
An act to amend “An act for the establishment of a Territorial government in
Florida, and for other purposes,” was passed March 3, 1823. By this act East and
West Florida were constituted one Territory.
An act to amend the act of March 3, 1823, was passed and approved May 26, 1824.
An act to authorize the President of the United States to run and mark a line
dividing the Territory of Florida from the State of Georgia was passed and approved
May 4, 1826. . . .
28 L O—WOL III tº
434 STATES AND TERRITORIES.
An act to amend the several acts for the establishment of the Territorial government
in Florida approved May 15, 1826. #
An act relating to the Territorial government of Florida approved April 28, 1828.
An act to ascertain and mark a line between the State of Alabama and the Territory
of Florida and the northern boundary of the State of Illinois, and for other purposes,
was passed March 2, 1831. tº
. A convention to form a constitution met in pursuance of an act of the governor and
council of Florida of date February 2, 1838, at the city of Saint Joseph December 3,
1838, and adopted a constitution.
A memorial of the people of Florida, proceedings of a convention, constitution, &c.,
presented to House of Representatives February 20, 1839. (See documents House of
Representatives, third session Twenty-fifth Congress, vol. 4, No. 208.)
A memorial of the inhabitants of Saint Augustine, in Florida, that a law be passed
to organize a separate Territorial government for that part of Florida east of the
Suwanee River, was presented in Senate January 10, 1840. (See Senate Documents,
first session Twenty-sixth Congress, vol. 3, No. 67.)
A memorial of the people of Florida, praying admission into the Union, was pre-
sented in Senate February 12, 1840.
A bill to authorize the people of Middle and West Florida to form a constitution
and State government, and to provide for the admission of said State into the Union,
was reported in House of Representatives March 5, 1840. -
Resolutions by the senate of Florida, adverse to the division of that Territory, were
presented in the Senate of the United States on March 6, 1840.
Resolutions of the legislature of Florida, for admission and against division, were
presented in Senate of United States March 11, and in House of Representatives
March 16, 1840.
A bill for the admission of Florida into the Union on certain conditions, and a bill
for the division of Florida and the future admission of the States of East and West
Florida, on certain conditions, were reported in Senate July 2, 1840.
The memorial for admission and the constitution again presented in House of Rep-
resentatives May 9, 1842. (See documents House of Representatives, second session
Twenty-seventh Congress, vol. 4, No. 206.)
Memorials of citizens of Florida for the admission of that Territory into the Union
presented in the Senate July 15 and 21, August 10, 13, 15, 17, and 30, 1842.
Resolutions of the legislative council of Florida for a division of that Territory and
the formation of two Territorial governments were presented to Congress March 26,
1844.
On June 17, 1844, the following resolution was reported in the Senate: Resolved, That
the prayer of the memorialists ought not to be granted.
On same day a report adverse to a division of the Territory was made. (See reports
of committee, House of Representatives, first session Twenty-eighth Congress, vol. 3,
p. 557.) .
Resolutions of the legislative council for dividing the Territory again presented in
House of Representatives December 30, 1844. ---
The State of Florida.
A bill for the admission of the States of Iowa and Florida into the Union was re-
ported January 7, 1845. .
Resolutions of the legislative council of Florida for the admission of Florida at the
same time with Iowa were presented in House of Representatives February 11, 1845.
(See documents House of Representatives, second session Twenty-eighth Congress,
vol. 3, No. 111.)
An act for the admission of the States of Iowa and Florida into the Union was
passed on March 3, 1845, contained the following preamble, viz: &
Whereas the people of the Territory of Iowa did, on the seventh day of October,
1844, by a convention of delegates called and assembled for that purpose, form for
STATES AND TERRITORIES. 435
themselyes, a constitution and State government; and whereas the people of the Ter.
ritory of Florida did, in like manner, by their delegates on the 11th day of January,
1839, form for themselves a constitution and State government, both of which said
constitutions are republican; and said conventions having asked the admission of
ºtive Territories into the Union as States, on equal footing with the Orig-
inal States: -
Be it enacted, &c., That the States of Iowa and Florida be, and the same are hereby,
declared to be States of the United States of America, and are hereby admitted into
the Union on equal footing with the original States, in all respects whatsoever, &c.
SEC. 5. And be it further enacted, That the said State of Florida shall embrace the
Territories of East and West Florida which, by treaty of amity, settlement, and limits,
between the United States and Spain, on the 22d day of February, 1819, were ceded
to the United States. -
One Representative in Congress was allowed to Florida until the next census.
An act supplemental to the act for the admission of Florida and Iowa into the
Union, and for other purposes, was passed March 3, 1845.
By this act grants of land were made to Florida, and the laws of the United States
were extended to that State.
Resolutions of the legislature of Florida, in relation to the disputed boundaries be-
tween that State and Georgia and Alabama, were presented in the Senate February
2, 1846. (See Senate documents, first session Twenty-ninth Congress, vol. 4, Nos. 96
and 133.)
On March 4, 1846, a bill respecting the settlement of the boundary line between the
State of Florida and the State of Georgia was reported from the committee.
All of the area of Florida was public domain, except certain grants made by for-
eign sovereigns, former owners of the soil, and was and now is surveyed and disposed
of under laws of the United States. * . &
T EXA S
(Indian—Friends) was the fifteenth State in order of admission.
Population.
Years White. Colored. Total.
1850 -------------------------------------------------------------. 154,034 58, 558 212, 592
1800 -------------------------------------------------------------- 420, 891 182,921 604, 215
1870 -------------------------------------------------------------. 564, 700 253,475 818, 579
1880 -------------------------------------------------------------- 1, 197,237 393, 384 1, 591, 749

Area, 274,356 square miles, or 175,587,840 acres. \
No organic act. No Territorial condition under laws of United States.
Annexed (former Republic of Texas), December 29, 1845, and admitted on that date.
A republic, formerly belonging to the Republic of Mexico and a portion of the Mexi-
can States of Coahuila and Texas, admitted into the Union by joint resolutions and act
of Congress.
The joint resolution for annexing Texas to the United States, approved March 1, 1845,
was as follows: -
JOINT RESOLUTION for annexing Texas to the United States.
Itesolved by the Senate and House of Representatives of the United States of America in Con-
gress assembled, That Congress doth consent that the territory properly included within
and rightfully belonging to the Republic of Texas may be erected into a new State, to be
called the State of Texas, with a republican form of government, to be adopted by
the people of said republic, by deputies in convention assembled, with the consent of
the existing government, in order that the same may be admitted as one of the States
of this Union. .
436 STATES AND TERRITORIES.
SEC. 2. And be it further resolved, That the foregoing consent of Congress is given
upon the following conditions, and with the following guarantees, to wit:
First. Said State to be formed, subject to the adjustment by this Government of all
questions of boundary that may arise with other governments; and the constitution
thereof, with the proper evidence of its adoption by the people of said Republic of
Texas, shall be transmitted to the President of the United States, to be laid before
Congress for its final action, on or before the first day of January, one thousand eight
hundred and forty-six. -
Second. Said State, when admitted into the Union, after ceding to the United States
all public edifices, fortifications, barracks, ports, and harbors, navy and navy-yards,
docks, magazines, arms, armaments, and all other property and means pertaining to
the public defence belonging to said Republic of Texas, shall retain all the public
funds, debts, taxes, and dues of every kind, which may belong to or be due and owing
said republic; and shall also retain all the vacant and unappropriated lands lying
within its limits, to be applied to the payment of the debts and liabilities of said Re-
public of Texas; and the residue of said lands, after discharging said debts and lia-
bilities, to be disposed of as said State may direct, but in no event are said debts and
liabilities to become a charge upon the Government of the United States.
Third. New States, of convenient size, not exceeding four in Inumber, in addition to
said State of Texas, and having sufficient population, may hereafter by the consent
of said State, be formed out of the territory thereof, which shall be entitled to admis-
sion under the provisions of the Federal Constitution. And such States as may be
formed out of that portion of said territory lying South of thirty-six degrees thirty
minutes north latitude, commonly known as the Missouri compromise line, shall be
admitted into the Union with or without slavery, as the people of each State asking
admission may desire. And in such State or States as shall be formed out of said ter-
ritory north of said Missouri compromise line, slavery, or involuntary servitude (ex-
cept for crime), shall be prohibited.
SEC. 3. And be it further resolved, That if the President of the United States shall, in
his judgment and discretion, deem it most advisable, instead of proceeding to submit
the foregoing resolution to the Republic of Texas, as an overture on the part of the
United States, for admission, to negotiate with that republic; then,
Be it resolved, That a State, to be formed out of the present Republic of Texas, with
suitable extent and boundaries, and with two Representatives in Congress, until the
next apportionment of representation, shall be admitted into the Union, by virtue of
this act, on an equal footing with the existing States, as soon as the terms and condi-
tions of such admission, and the cession of the remaining Texan territory to the United
States, shall be agreed upon by the Governments of Texas and the United States:
That the sum of one hundred thousand dollars be, and the same is hereby, appropri-
ated to defray the expenses of missions and negotiations, to agree upon the terms of
said admission and cession, either by treaty to be submitted to the Senate, or by arti-
cles to be submitted to the two houses of Congress, as the President may direct. -
The joint resolution for the admission of the State of Texas into the Union, was
approved December 29, 1845.
JOINT RESOLUTION for the admission of the State of Texas into the Union.
Whereas the Congress of the United States, by a joint resolution approved March
the first, eighteen hundred and forty-five, did consent that the territory properly in-
cluded within and rightfully belonging to the Republic of Texas might be erected
into a new State, to be called the State of Texas, with a republican form of govern-
ment, to be adopted by the people of said republic, by deputies in convention assem-
bled, with the consent of the existing government, in order that the same might be
admitted as one of the States of the Union; which consent of Congress was given upon
certain conditions specified in the first and second sections of said joint resolution;
and whereas the people of the said Republic of Texas, by deputies in convention as-
sembled, with the consent of the existing government, did adopt a constitution, and
erect a new State, with a republican form of government, and, in the name of the peo-
ple of Texas, and by their authority, did ordain and declare that they assented to and
accepted the proposals, conditions, and guarantees contained in said first and second
Sections of said resolution; and whereas the said constitution, and the proper evidence
of its adoption by the people of the Republic of Texas, have been transmitted to the
President of the United States, and laid before Congress, in conformity to the provis-
ions of said joint resolution : Therefore,
Itesolved by the Senate and House of Iłepresentatives of the United States of America in
Congress assembled, That the State of Texas shall be one, and is hereby declared to be
one of the United States of America, and admitted into the Union on an equal footing
with the original States in all respects whatever.
SEC. 2. And be it further enacted, That until the Representatives in Congress shall be
apportioned according to an actual enumeration of the inhabitants of the United
States, the State of Texas shall be entitled to choose two Representatives.
STATES AND TERRITORIES. 437
An act to extend the laws of the United States over the State of Texas, and for other
purposes, was approved December 29, 1845, viz: -
AN ACT to extend the laws of the United States over the State of Texas, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That all the laws of the United States are hereby declared to
extend to and over, and to have full force and effect within, the State of Texas, ad-
mitted at the present session of Congress into the confederacy and Union of the United
States. --
The United States owned no public lands in Texas. The State retained title to the
soil on her admission to the Union, and has since disposed of them under her own
laws.
Iow A
(Franco-Indian—“Drowsy,” applied to a tribe of Indians) was the sixteenth State
admitted.
Population.
Years. * White, Colored. | Total.
1840 -------------------------------------------------------------------. 42,924 188 43, 112
1850 -------------------------------------------------------------------- 191,881 333 192, 214
1860 -------------------------------------------------------------------- 673,779 1,069 || 674,913
1870 -------------------------------------------------------------------. 1, 188,207 5,762 | 1, 194,020
1880 -------------------------------------------------------------------- 1,614, 600 9, 516 1,624, 615

Area, 55,045 square miles, or 35,228,800 acres.
A Territorial organization. Organic act, June 12, 1838. Admitted December 28,
1846.
Formed from territory purchased from France.
On December 19, 1836, a resolution directing the Committee on Territories to in-
quire into the expediency of establishing the Iowa Territory out of part of Wisconsin
passed the House of Representatives. .
On December 14, 1837, a resolution of same tenor passed House of Representatives.
On December 13 and 20, 1837, memorials of the people of Iowa for a division or sep-
aration from Wisconsin were presented in the Senate.
On December 14, 1837, same presented in House of Representatives.
On December 13, 1837, a memorial of the people of Iowa for settlement of boundary
with Missouri was presented in the Senate.
On January 2, 1838, proceedings of legislature of Wisconsin relative to boundary
line between Iowa and Missouri were presented in the Senate. (See Senate docu-
ments, second session Twenty-fifth Congress, vol. 1, No. 63.)
On February 6, 1838, a report was made by committee of House of Representatives
on expediency of establishing a separate Territorial government for Iowa, accompa-
nied by a bill.
The Territory of Iowa.
On June 12, 1838, an act to divide the Territory of Wisconsin and to establish the
Territorial government of Iowa was approved. -
On June 18, 1838, an act to authorize the President of the United States to cause the
southern boundary line of..the Territory of Iowa to be ascertained and marked was
approved. -
On January 30, 1839, a report of the Secretary of State, with maps, made in compli-
ance with resolutions of the Senate and House of Representatives, in relation to the
southern boundary of the Territory of Iowa, were received. (See documents, House
of Representatives, third session Twenty-fifth Congress, vol. 4, No. 128.),
On March 3, 1839, an appropriation was made for the survey of the southern bound-
ary of the Territory of Iowa, of $969.05.
438 STATES AND TERRITORIES.
On March 3, 1830, an act to define and establish the eastern boundary line of the
Territory of Iowa was approved. -
On March 3, 1839, an act to alter and amend the organic law of the Territories of
Wisconsin and Iowa was approved.
On December 24, 1839, a message from the President, with documents relating to
the disputed boundary between Missouri and Iowa, was received in the Senate, and in
the House of Representatives on December 27. (See Senate documents, first session
Twenty-sixth Congress, vol. 1, No. 4. House of Representatives, vol. 1, No. 5.)
On December 30, 1839, additional documents on same subject communicated to
House of Representatives, and to the Senate on January 3, 1840. (See Senate docu-
ments, first session Twenty-sixth Congress, vol. 2, No. 35. House of Representatives,
vol. 2, No. 36.) -
On January 9, 1840, additional documents on same subject communicated to the
Senate.
On January 31, 1840, additional documents on same subject were communicated to
the Senate, in compliance with two resolutions of the Senate of December 30, 1839.
(See Senate documents, first session Twenty-sixth Congress, vol. 4, No. 138.)
On January 8, 1840, a memorial of the legislative council of Iowa, praying the set-
tlement of the disputed boundary with Missouri, was presented in Senate. (See Sen-
ate documents, first session Twenty-sixth Congress, vol. 2, No. 53.)
On January 9, 1840, a document relating to the Šame subject presented in Senate
by Mr. Benton.
On January 10, 1840, a representation by Delegate from Iowa, on same subject, pre-
sented in Senate.
On February 4, 1840, report made in House of Representatives, by a committee, on
boundary between Missouri and Iowa, with a bill to establish and define the northern
boundary line of the State of Missouri. (See reports of committees of House of Rep-
resentatives, first session Twenty-sixth Congress, vol. 1, No. 2.)
On February 12, 1840, a message from the President, with additional documents, re-
lating to disputed boundary between Missouri and Iowa. (See documents, House of
Representatives, first session Twenty-sixth Congress, vol. 3, No. 97.)
On March 5, 1840, a bill, reported by the Committee on Territories of the House of
Representatives, “to enable the people of Iowa to form a constitution and State gov-
ernment, and for the admission of such State into the Union.”
On February 11, 1841, a bill for ascertaining and settling the southern boundary line
of the Territory of Iowa reported in Senate.
On March 9, 1841, a resolution of legislative council of Iowa, relative to southern
boundary line of said Territory, was presented in House of Representatives.
On March 19, 1841, a message from the President, relative to boundary line between
Missouri and Iowa, received in House of Representatives. (See documents, House of
Representatives, second session Twenty-seventh Congress, vol. 3, No. 141.)
. On May 26, 1841, the Committee on Territories of the House of Representatives made
a report, with a bill fixing the boundary line between Missouri and Iowa, which passed
the House of Representatives only. (For report, see reports, House of Representa-
tives, second session Twenty-seventh Congress, vol. 4, No. 791.)
On January 21, 1843, a report made in House of Representatives, from Committee
on Territories, accompanied by a bill fixing the boundary between Missouri and Iowa.
(For report, see reports committees, House of Representatives, third session Twenty-
seventh Congress, vol. 1, No. 86.) *
On Deccmber 31, 1842, a resolution that report of Albert. M. Lea, in reference to
the northern boundary of Missouri; the report of Captain Guion and Lieutenant
Frémont, in reference to the Des Moines River, and the evidence in reference to the
northern boundary of Missouri, be referred and printed, was passed. (See documents,
House of Representatives, third session Twenty-seventh Congress, vol. 3, No. 38.)
On December 22, 1843, an act of the legislature of Missouri, respecting the boundary
STATES AND TERRITORIES. 439
line with Iowa Territory, was presented in House of Representatives. (See docu-
ments, House of Representatives, first session Twenty-eighth Congress, vol. 1, No. 26.)
On February 12, 1844, a message from the President, with a memorial from the leg-
islative assembly of Iowa for admission into the Union, was received in Senate.
On April 2, 1844, the Committee on Territories of House of Representatives reported
a bill to enable the people of Iowa to form a constitution and State government, and
for the admission of such State into the Union.
On December 9, 1844, a memorial of a convention, with a copy of constitution
adopted for the people of Iowa, asking admission into the Union, was received in
Senate, and on December 12 in House of Representatives. (See Senate documents,
second session Twenty-eighth Congress, vol. 1, No. 3, and documents House of Repre-
sentatives, vol. 1, No. 5, and vol. 3, No. 77.)
On January 7, 1845, a bill for the admission of the States of Iowa and Florida into
the Union was reported in the House of Representatives.
On February 19, 1845, a memorial of the general assembly of Missouri, praying that.
the southern boundary line of Iowa be made to conform to the northern boundary line
of Missouri, &c., was presented in Senate. (See Senate documents, second session
Twenty-eighth Congress, vol. 7, No. 110.)
On June 17, 1844, an act respecting the northern boundary of the State of Missouri
was approved.
The State of Iowa.
On March 3, 1845, an act for the admission of the States of Iowa and Florida into the
Union was passed and approved. To this act the assent of the people of Iowa was to be
given, to be announced by proclamation by the President, and the State then admitted
without further proceedings on the part of Congress. The State to be entitled to one
Representative in Congress until the next census.
The boundaries of Iowa as fixed by this act were not agreed to by the people, who
refused their consent, by a vote of 7,235 for and 7,656 against them. This vote was
provided for in the act. - .
On March 3, 1845, an act supplemental to the act for the admission of the States of
Iowa and Florida into the Union was approved. This act extended the laws of the
United States to the State of Iowa.
On December 19, 1845, a bill to define the boundaries of the State of Iowa and to
repeal so much of the act of March 3, 1845, as relates to the boundaries of said State,
was introduced, on leave, in House of Representatives, and referred to a Committee on
Territories. - * -
On March 27, 1846, an amendatory bill reported by said committee.
On January 9, 1846, a joint resolution of the legislative council of the Territory of
Iowa, relative to boundaries of the future State of Iowa, was presented in House of
Representatives.
On February 5, 1846, a memorial of a convention of the people of Missouri on sub- .
ject of the northern boundary of that State and the admission of Iowa into the Union
was presented in House of Representatives. (See documents, House of Representa-
tives, first session Twenty-ninth Congress, vol. 4, No. 104.)
On February 17, 1846, a memorial of the legislature of the Territory of Iowa rela-
tive to boundary between Iowa and Missouri was presented in House of Representa-
ives. (See same documents, vol. 4, No. 126.) -
On June 10, in Senate, and July 6, 1846, in House of Representatives, copies of the
constitution of Iowa were presented. (See documents, House of Representatives, first
session Twenty-ninth Congress, vol. 7, No. 217, and documents of Senate, vol. 8, No.
384.)
On August 4, 1846, an act to define the boundaries of the State of Iowa and to re-
peal so much of the act of March 3, 1845, as relates to boundaries of Iowa, was ap-
proved. This act was to amend the boundaries of the State as defined in the act of
March 3, 1845, which had been rejected by a vote of the people.
440 STATES AND TERRITORIES.
On December 15, 1846, a copy of the constitution adopted by the people of Iowa,
with a proclamation of the governor, &c., were presented in House of Representatives.
(See documents, House of Representatives, second session Twenty-ninth Congress, vol.
2, No. 16.)
On December 28, 1846, an act for the admission of the State of Iowa into the Union
was approved.
All of the State of Iowa was public domain, and was surveyed and was and now is
disposed of under laws of the United States.
WIS CONS IN
(Indian—Wild rushing channel) was the seventeenth State admitted.
Population.
Years. White. Colored. Total
1840 ---------------- ~~~~ 30,749 196 30,945
1850 -------------------------------------------------------------- 304,756 635 305,391
1860 -------------------------------------------------------------- 773,693 1, 171 775,881
1870 -------------------------------------------------------------- 1,051,351 2,113 | 1,054,670
1880 ---------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1, 309,618 2,702 | 1,315,479
Area 53,924 square miles, or 34,511,360 acres.
A Territorial organization. Organic act, April 20, 1836. Admitted May 29, 1848.
Formed from territory ceded to the United States and from part of the territory
northwest of the river Ohio,
On December 12, 1832, a resolution passed in House of Representatives directing a
committee to inquire into the expediency of creating a Territorial government for
Wisconsin out of part of Michigan.
On December 6, 1832, the committee made a report accompanied by a bill. (See
reports of committees House of Representatives, first session Twenty-second Congress,
vol. 1, No. 145.)
A memorial of the legislative council of Michigan for the division of that Territory,
and that the Territory of Wisconsin be established, was presented in Senate of the
United States December 23, 1834. (See Senate documents, second session Twenty-
third Congress, vol. 2, No. 24.)
On February 11, 1836, a bill establishing the Territorial government of Wisconsin
reported in House of Representatives.
On March 1, 1836, a memorial of legislative council of Michigan for same presented
in House of Representatives. (See documents House of Representatives, first session
Twenty-fourth Congress, vol.4, No. 153.) -
The Territory of Wisconsin.
On April 20, 1836, an act establishing the Territorial government of Wisconsin was
passed and approved. *... . "
On March 5, 1838, a resolution directing a committee to inquire into the expediency
of authorizing the Territory of Wisconsin to take a census and adopt a constitution,
preparatory to being admitted into the Union, was passed.
On May 11, 1838, the said committee reported a bill to enable the people of East
Wisconsin to form a constitution and State government, and for the admission of such
State into the Union.
On June 12, 1838, an act to divide the Territory of Wisconsin, and to establish the
Territorial government of Iowa, was approved.
On June 12, 1838, an act to ascertain and designate the boundary line between the
State of Michigan and the Territory of Wisconsin, was approved. -
STATES AND TERRITORIES. 441
On January 28, 1839, a memorial of the legislative assembly of Wisconsin, praying
an alteration in the southern boundary of that Territory, was presented in the Senate.
(See Senate documents, third session Twenty-fifth Congress, vol. 3, No. 149.)
On March 3, 1839, an act to alter and amend the organic law of the Territories of
Wisconsin and Iowa was approved.
On May 25, 1840, the proceedings of a public meeting at Galena in relation to the
southern boundary of Wisconsin Territory, was presented in the House of Represen-
tives. (See documents House of Representatives, first session Twenty-sixth Congress,
vol. 6, No. 226. For “An ordinance for the government of the territory of the United
States, northwest of the River Ohio,” passed by the Congress of the Confederation,
July 13, 1787, see the same under the head “Ohio.”)
On February 3, 1841, a message was received in Senate from the President, com-
municating the reports, maps, &c., relating to boundary line between Michigan and
Wisconsin. (See Senate documents, second session Twenty-six Congress, vol. 4, No.
151.)
On February 8, 1841, a memorial of the legislative assembly of Wisconsin, that a
law defining the western boundary line of said Territory be passed, was presented in
Senate. (See Senate documents as above, vol. 4, No. 171.)
On February 15, 1841, resolutions of the general assembly of Michigan in relation to
the boundary line between that State and the Territory of Wisconsin, were presented
in the Senate. (See Senate documents, second session Twenty-sixth Congress, vol. 4,
No. 186.)
On March 19, 1841, resolutions of the legislative assembly of Wisconsin Territory in
relation to the boundary between Michigan and Wisconsin, were presented in House
of Representatives. (See documents House of Representatives, second session Twenty-
seventh Congress, vol. 3, No. 147.)
On March 20, 1845, a resolution of the legislative council of Wisconsin asking that
provision be made for taking a census and holding a convention to form a State con-
stitution, was presented in the Senate. -
On January 13, 1846, a bill to enable the people of Wisconsin to form a constitution
and State government, was introduced on leave in House of Representatives.
The State of Wisconsin.
On August 6, 1846, an act to enable the people of Wisconsin Territory to form a con-
stitution and State government, and for the admission of such State into the Union,
Was approved. To be entitled to two Representatives until the next census, and the
laws of the United States extended to the same when admitted.
A constitution was formed under this act, which was rejected by the people of the
State.
On January 21, 1847, the constitution adopted by the people of Wisconsin, the census,
and other documents were presented in House of Representatives. (See documents
House of Representatives, second session Twenty-ninth Congress, vol. 3, No. 49.)
On March 3, 1847, an act for the admission of the State of Wisconsin into the Union
was approved. To be admitted on condition that the constitution adopted on De-
cember 16, 1846, shall be assented to by the qualified electors of the State, and as soon
as such assent shall be given, the President of the United States shall announce the
Saine by proclamation, and therefrom the admission of Wisconsin shall be considered
as complete. This act was rendered null by the refusal of the people of the State to
accept the constitution of 1846.
A new constitutional convertion was called, which met at Madison December 15,
1847, and on February 1, 1848, adjourned after forming a constitution. It was ratified
by the people by a vote of 16,442 for to 6,149 votes against it.
By act 29th May, 1848, the State of Wisconsin was admitted into the Union. En-
titled to three Representatives in Congress after 3d March, 1849.
All of the area of Wisconsin was public domain and was and is surveyed and dis-
posed of under the laws of the United States.
442 STATES AND TERRITORIES.
C AL IF OR NIA
(supposed to be Arabic—Khalafa, to succeed) was the eighteenth State admitted.
Population.
Years. White. Colored. | Chinese. Total.
sº
1850. ------------------------------------------------- 91, 635 926 ------------ . 92,597
1860.------------------------------------------------- 323, 177 4,086 34,933 379,994
1870-------------------------------------------------- 499, 424 4, 272 49,277 560, 247
1880. --------------------------------- --------------- 767, 181 6,018 75,132 864, 694

Area, 157,801 square miles, or 100,992,640 acres. -
No organic act. No Territorial organization under laws of United States. Admitted
September 9, 1850.
Governed by the United States military until December 20, 1849, when the govern-
ment was transferred to the State government, by General Riley, military governor.
Formed from territory acquired from Mexico by treaty of Guadalupe Hidalgo, 1848.
Bill (S. 324) reported in Senate by Hon. John M. Clayton from select committee “to
establish the Territorial governments of Oregon, California, and New Mexico,” July 18,
1848. (Senate Journal, first session Thirtieth Congress, pp. 477, 490, 492, 495, 498.)
Passed Senate July 26, 1848. Laid on the table House of Representatives, July 28,
1848.
Bill (S. 350) introduced by Hon. Stephen A. Douglas, “for the admission of Cali-
fornia into the Union as a State,” December 11, 1848, and referred. Reported from
committee and not again taken up.
Bill (H. R. 685) reported in House of Representatives by Hon. Caleb B. Smith, “to
establish the Territorial government of Upper California,” December 20, 1848, passed
February 27, 1849. In Senate referred February 28; committee discharged March 3,
1849, and Senate refused to consider the bill.
The “Bill (H. R. 692) making appropriations for the civil and diplomatic expenses
of the government for the year ending the 30th June, 1850, and for other purposes,”
being under consideration in the Senate, the Hon. Isaac P. Walker, of Wisconsin, on
February 21, 1849, submitted an amendment for the regulation and government of all
the territory acquired from the Mexican Republic by the treaty of February 2, 1848.
(See Senate Journal, second session Thirtieth Congress, pp. 241,255,257,262,264,277.)
Agreed to in Senate February 28, 1849. The House of Representatives agreed to
said amendment with an amendment. The Senate disagreed to said amendment of
the IIouse of Representatives, and receded from said amendment submitted by Mr.
Walker, March 3, 1849. (For proceedings of House of Representatives on this amend-
ment, see Journal House of Representatives, second session Thirtieth Congress, pp.
600, 601, 637-647, 670.)
Constitutional convention of California and organization of State.
A convention to frame a constitution for California called by General Benet Riley,
military governor, met in Monterey, Cal., September 1 to October 13, 1849. The con-
stitution then adopted was ratified by the people November 13, 1849, by a vote of
12,061 for to 811 against. State officers were elected and a government organized, to
which General Riley, December 20, 1849, turned over complete control of the Territory
of California. This was nearly a year before the admission of the State.
The “Bill (S. 55) to provide for the organization of the Territorial governments of
California, Deseret, and New Mexico, and to enable the people of Jacinto, with the
consent of the State of Texas, to form a constitution and State government, and for
the admission of such State into the Union upon an equal footing with the original
States in all respects whatever,” was introduced, on leave, by Hon. Henry S. Foote,
STATES AND TERRITORIES. 443
January 16, and on January 22, 1850, referred to the Committee on Territories. Not
reported.
Resolutions submitted by Hon. Henry Clay, relative to California, &c., January 29,
1850. (See Senate Journal, 1850, pp. 118, 299.) -
Resolutions submitted by Hon. John Bell, relative to California, &c., February 28,
1850. (See Senate Journal, 1850, pp. 184, 299.)
Resolutions submitted by Hon. Thomas H. Benton, relative to California, &c., April
18, 1850. (See Senate Journal, 1850, pp. 293, 299.)
“Abill (S. 225) to admit California as a State into the Union, to establish Territorial
governments for Utah and New Mexico, and making proposals to Texas for the estab-
lishment of her western and northern boundaries,” together with a special report from
the select committee, was submitted by Hon. Henry Clay, May 8, 1850. (See Senate
Journal, first session Thirty-first Congress, 1850, pp. 327, 374, 379, 382, 392, 396, 405,
408, 410, 414, 428,449, 455, 460, 462, 468, 471, 474, 479, 485, 491, 494.) -
Amendment of Mr. Pearce, 495 (518); passed Senate as amended, August 1, 1850,
being reduced to “An act to establish a Territorial government for Utah.”
“A bill (S. 169) for the admission of the State of California into the Union,” was
reported by Hon. Stephen A. Douglas from Committee on Territories, March 25, 1850
(see Senate Journal, first session Thirty-first Congress, 1850, pp. 234, 292, 301, 517, 520,
522, 530, 533, 546, 553, 557), which bill passed the Senate August 14, 1850. Considered
in the House of Representatives (see Journal, first session Thirty-first Congress, 1850,
pp. 1415 to 1424) and passed September 7, and became a law September 9, 1850.
The act of September 28, 1856, provided “that all the laws of the United States
which are not locally inapplicable shall have the same force and effect within Said
State of California, as elsewhere within the United States.”
All of the area of California became public domain, except certain grants made by
sovereigns and governments, former owners of the soil, and was and is surveyed and
disposed of under laws of the United States.
MIN N E SOTA
(Indian—Cloudy water) was the nineteenth State admitted.
Population.
Years. White. Colored. Total.
1830 -------------------------------------------------------------- 6,038 39 6,077
1860 -------------------------------------------------------------- 169,395 259 172,023
1870 -------------------------------------------------------------- 438,257 759 439,706
1880 -------------------------------------------------------------- 776,884 1, 564 780, 773

Area, 83,531 square miles, or 53,459,840 acres.
A territorial organization. Organic act, March 3, 1849; admitted May 11, 1858.
Formed out of part of territory ceded to the United States by France and from the
territory northwest of the river Ohio.
A bill (H. R. 568) “establishing the Territorial government of Minnesota,” was
passed by the House of Representatives February 17, and laid upon the table in the
Senate March 3, 1847.
A bill (S. 152) “to establish the Territorial government of Minnesota,” was introduced.
on leave by Hon. Stephen A. Douglas, February 23, 1848. Reported and recommitted,
and, on August 8, 1848, reported with amendments. Not further acted on at first session
Thirtieth Congress. -
The Territory of Minnesota.
Resumed December 20, 1848, second session Thirtieth Congress; passed the Senate
January 19, 1849; passed IIouse of Representatives with amendments February 28, and
became a law March 3, 1849.
444 STATES AND TERRITORIES.
The State of Minnesota.
A bill (H.R. 642) “to authorize the people of the Territory of Minnesota to form
a constitution and State government, preparatory to their admission into the Union
on an equal footing with the original States,” was introduced, on leave, in the House
of Representatives by Hon. Henry H. Sibley, December 30, 1850, and passed that
House January 31, 1851. In Senate, referred to Committee on Territories, February
2; reported February 18; passed the Senate February 25, and became a law February
26, 1857. -
The constitution for Minnesota under this law was framed by two separate conven-
tions; each met July 13 to August 29, 1857, and mutually agreed to submit the same
constitution to the people. It was ratified by 36,240 votes for to 700 against. In
1858, prior to the admission of the State, the legislature passed certain amendments,
which were ratified by the people. -
A bill (S. 86) “for the admission of the State of Minnesota into the Union,” was,
on January 26, 1858, reported in Senate by Hon. Stephen A. Douglas from Committee
on Territories; passed the Senate April 7, 1858, passed the House of Representatives
May 11, and became a law May 11, 1858. -
All of the area of Minnesota was public domain, and was and is surveyed and dis-
posed of under the laws of the United States.
f
. OR E G ON
(Spanish—Oregano) was the twentieth State admitted.
- Population.
Year. White. Colored. | Chinese. Total.
1850 ------------------------------------------------ 13,087 207 |------------ 13,294
1800 ------------------------------------------------. 52, 160 128 l------------ 52,465
1870 ------------------------------------------------. 86,929 346 3,330 99,923
1880------ -----------------------------------------. 163,075 487 9, 510 174,768

Area, 95,274 square miles, or 60,975,360 acres. -
A Territorial organization. Organic act, August 14, 1848; admitted February 14,
1859.
Formed from territory ceded by France.
A bill (H. R. 533) “to establish a Territorial government in Oregon” was reported
by Hon. Stephen A. Douglas, House of Representatives, August 6, 1846, passed that
House same day. In Senate referred August 7; reported August 8, 1846, with special
report, but not further acted on.
A bill (S. 41) “to organize a Territorial government in the Oregon Territory, and
for other purposes,” was introduced on leave in Senate by Hon. Sidney Breese, Decem-
ber 23, 1846, and referred to Committee on the Judiciary, but not reported there-
from.
A bill (H. R. 571) “to establish the Territorial government of Oregon” was reported
by Hon. Stephen A. Douglas, House of Representatives, December 23, 1846; passed
that House January 16, 1847. In Senate referred to Committee on Judiciary, January
18; reported with amendments January 25; recommitted January 29; reported with
amendments February 10; ordered, That it lie on the table, March 3, 1847.
A bill (S. 59) “to establish the Territorial government of Oregon” was introduced
on leave in the Senate by Hon. Stephen A. Douglas, on January 10, 1848, and after
consideration by the Senate until July 13, 1848, was, on motion of Hon. John M.
Clayton, referred to a select committee. On July 18, Mr. Clayton from said committee
reported it without amendment, and reported bill (S. 324) “to establish the Territo-
STATES AND TERRITORIES. 445
rial governments of Oregon, California and New Mexico,” which bill passed the Senate
July 26, 1848, and was laid on the table in the House of Representatives July 28, 1848.
Not further acted upon.
The Territory of Oregon. •
A bill (H. R. 201) “to establish the Territorial government of Oregon” was reported
from Committee on Territories, House of Representatives, February 8, 1848, by Hon.
Caleb B. Smith; passed the House of Representatives August 2; passed the Senate
with amendments August 10, 1848, and became a law on the 14th August, 1848.
A bill (H. R. 260) “to amend an act entitled “An act to establish the Territorial
government of Oregon,’ approved August 14, 1848,” was reported in the House of
Representatives by Hon. Wm. A. Richardson from Committee on Territories on 17th
May, 1852; passed that House June 22, 1852; passed the Senate January 3, 1853, and
became a law January 7, 1853.
A constitution was framed by a convention held under the laws of the Territory,
which met at Salem, August 17 to September 18, 1857. It was submitted to the people
and ratified November 9, 1857, by a vote of 7,195 for to 3,145 against. The State
was admitted under this constitution.
The State of Oregon.
A bill (S. 239) “for the admission of Oregon into the Union” was, on the 5th April,
1858, reported in Senate by Hon. Stephen A. Douglas from Committee on Territories;
passed the Senate May 18, 1858; passed the House of Representatives February 12,
1859, and became a law February 14, 1859.
All of the area of Oregon became public domain except grants made by former
owners of the soil; and was and now is surveyed and disposed of under the laws of
the United States.
K A N S A S
(Indian—Smoky water) was the twenty-first State admitted.
Population.
Years. "White. Colored. Total.
1880 -------------------------------------------------------------- 106,890. 627 107,206.
1870 -------------------------------------------------------------- 346, 877 17, 108 364, 399.
1880 -------------------------------------------------------------. 952, 155 43,107 996,096

Area, 80,891 square miles, or 51,776,240 acres.
A Territorial organization. Organic act, May 30, 1854; admitted January 29, 1861.
Formed partly from territory included in the cession by France, and partly from
that ceded by the State of Texas.
A bill (S. 22) “to organize the Territory of Nebraska” was introduced on leave in
Senate by Hon. Augustus C. Dodge, on the 15th December, 1853, and passed the Sen-
ate March 3, 1854, under the title “An act to organize the Territories of Nebraska and
Kansas.” Not further acted upon.
The Territory of Kansas, Topeka constitution.
A bill (H. R. 236) “to organize the Territories of Nebraska and Kansas” was, on
the 31st January, 1854, reported in the House of Representatives by Hon. Wm. A.
Richardson from Committee on Territories; passed that House May 22, passed the
Senate May 25, and became a law May 30, 1854. A constitution was adopted by a con-
vention at Topeka October 23 to November 2, 1855. It was claimed that it was sub-
mitted to the people of the Territory, and ratified December 15, 1855, by a vote of
1,731 for to 46 against it.
446 STATES AND TERRITORIES.
A bill (S. 172) “to authorize the people of the Territory of Kansas to form a consti-
tution and State government, preparatory to their admission into the Union, whenever
they have the requisite population,” was reported in the Senate by Hon. Stephen A.
Douglas, from Committee on Territories, March 17, 1856, and recommitted June 25,
1856. -
On April 7, 1856, a memorial of certain individuals, representing themselves as sen-
ators and representatives in the general assembly of the “State of Kansas,” praying
the admission of Kansas into the Union as a State upon an equal footing with the
other States, was presented in the Senate by Hon. Lewis Cass, and referred to the
Committee on Territories.
A bill (H. R. 411) “authorizing the people of the Territory of Kansas to form a con-
stitution and State government, preparatory to their admission into the Union on an
equal footing with the original States,” was reported from the Committee on Territo-
ries, House of Representatives, by Hon. Galusha A. Grow, May 29, 1856, and passed
that House July 3, 1856. In Senate referred July 7, reported with amendment July 8,
amended and passed Senate July 8, 1856, under same title as the preceding bill (S.
356). The House of Representatives took no action on the amended bill, and it there-
fore failed to become a law. -
A bill (S. 343) “supplementary to an act to organize the Territories of Nebraska.
and Kansas” was introduced on leave in the Senate by Hon. John M. Clayton June 16,
1856, and referred to Committee on Territories June 24, 1856.
A bill (S. 351) “supplementary to an act to organize the Territories of Nebraska and
Kansas, and to provide for the faithful execution of said act in the Territory of Kan-
sas according to the true intent and meaning thereof,” was introduced on leave in
Senate by Hon. Henry S. Geyer June 24, 1856, and referred to Committee on Territories
on same day.
A bill (S. 356) “to authorize the people of the Territory of Kansas to form a consti-
tution and State government, preparatory to their admission into the Union on an
equal footing with the original States,” was reported to the Senate from Committee
on Territories by Hon. Stephen A. Douglas June 30, 1856, and passed the Senate July
2, 1856. Not acted upon by House of Representatives.
A bill (H. R. 75) “to reorganize the Territory of Kansas, and for other purposes,”
was passed by the House of Representatives July 29, and laid upon the table in the
Senate August 11, 1856. .
A bill (S. 464) “amendatory of an act passed May 30, 1854, entitled ‘An act to orga-
nize the Territories of Nebraska and Kansas,” was, on the 26th August, 1856, intro-
duced on leave in Senate by Hon. John B. Weller, and on the 27th August, 1856, ordered
to lie on the table. &
A bill (S. 466) “to alter and amend the act of Congress entitled ‘An act to orga-
nize the Territories of Nebraska and Kansas” was introduced on leave in Senate
by Hon. John J. Crittenden August 28, 1856, and ordered to lie on the table August
30, 1856.
A bill (S. 476) “amendatory of an act passed May 30, 1854, entitled ‘An act to orga-
nize the Territories of Nebraska and Kansas” was, on 16th December, 1856, intro-
duced on leave in Senate by Hon. Henry Wilson, and passed the Senate January 21,
1857. Not acted upon by House of Representatives.
Lecompton constitution. ,
A convention met at Lecompton September 5, 1857, took a recess for a month, and
finished a constitution November 7, 1857. It was at once sent to the President. The
clause sanctioning slavery was submitted to the people, and ratified December 31, 1857,
by a vote of 6,226 to 589 votes against it. The entire constitution was submitted to the
people, and its friends and opponents both claimed a majority. It was claimed that on
December 21, 1858, the constitution with slavery was ratified by 6,143 votes, against
589 received by the constitution without slavery. It was also claimed that January
STATES AND TERRITORIES. 447
4, 1859, the constitution was rejected, there being 138 votes for it with slavery, 24 for
it without slavery, and 10,126 votes against it.
A bill (H. R. 7) “to authorize the people of the Territory of Kansas to form a con-
stitution and State government, preparatory to their admission into the Union with
all the rights of the original States,” was introduced on leave in the House of Repre-
sentatives by Hon. Nathaniel P. Banks, December 18, 1857, and referred to Committee
on Territories. Not further acted upon.
A bill (S. 15) “to authorize the people of the Territory of Kansas to form a consti-
tution and State government, preparatory to their admission into the Union on an
equal footing with the original States,” was introduced on leave in the Senate by Hon.
Stephen A. Douglas, December 18, 1857, and referred to Committee on Territories. No
further action was had.
A bill (S. 37) “to provide for the admission of Kansas into the Union” was intro-
duced on leave in the Senate by Hon. George E. Pugh, January 4, 1858, and referred
to Committee on Territories. Not further acted upon.
On February 1, 1858, a preamble and joint resolution of the legislative assembly of
•the Territory of Kansas “in relation to the constitution framed at Lecompton, Kansas
Territory, on the 7th November, 1857,” and concurrent resolutions “reaffirming the
Topeka constitution of October, 23, 1855,” were presented in the House of Repre-
sentatives by Hon. Marcus J. Parrot, and were laid on the table and ordered to be
printed.
Mineola and Leavenworth constitution.
. A constitution was adopted by a convention which met at Mineola March 23, 1858,
and adjourned to Leavenworth March 25, 1858, and finished its work April 3, 1859. It
was claimed that it was submitted to the people the third Tuesday in May, 1858, and
ratified by a vote of 4,346 for it to 1,257 against it.
A bill (S. 161) “for the admission of Kansas into the Union” was reported frouſ
Committee on Territories, Senate, by Hon. James S. Green, February 18, 1858; passed
the Senate March 23, passed the House of Representatives with an amendment April
1, 1858. On April 2, said amendment was disagreed to by the Senate, and a confer-
ence committee was appointed. The report of the conference committee was agreed
to by both Houses April 30, and the bill became a law May 4, 1858. By this act, the
ordinance—adopted on the 7th day of November, 1857, by a convention assembled at
Lecompton for the purpose of forming a constitution and State government—which
asserted the right of Kansas, when admitted into the Union, to tax the lands within
her borders belonging to the United States, but proposed to relinquish such right on
certain conditions, was declared to be unacceptable to Congress, and certain changes
in said ordinance were submitted for acceptance or rejection by the people of Kansas.
A bill (S. 194) “for the admission of Kansas into the Union” was introduced on
leave in Senate by Hon. William H. Seward, and referred to Committee on Territories.
Not reported on.
The Wyandotte constitution.
This constitution, under which the State was admitted (after some amendments),
was adopted by a convention which met at Wyandotte July 5–29, 1859. October 4,
1859, it was ratified by the people by a vote of 10,421 for, to 5,530 against.
The State of Kansas.
A bill (H. R. 23) “for the admission of Kansas into the Union” was introduced on
leave in the House of Representatives by Hon. Galusha A. Grow February 15, 1860,
passed that House April 11, 1860, and passed the Senate January 21, 1861, with an
amendment to which the House of Representatives agreed January 28, 1861. This act
declared the State of Kansas admitted into the Union on an equal footing with the
original States, a constitution and State government republican in form, which was
formed by the convention which assembled for that purpose at Wyandotte on July 29,
448 & STATES AND TERRITORIES.
1859, having been duly ratified by the people of said State. The bill became a law
January 29, 1861.
All of the area of the State of Kansas became public domain, was surveyed, and was
and now is disposed of under laws of the United States.
west VIRGINIA
(formed from a portion of Virginia, named in honor of Queen Elizabeth) was the
twenty-second State admitted.
Population.
Year. White. Colored. | Total.
1870 ----------------------------------------------------- * gº e º ºs e º 'º º sº e º sº º gº 424, 033 17,980 442,014
1880 -------------------------------------------------------------------- 592,537 || 25,886 618, 457

Area 23,000 square miles, or 14,720,000 acres. -
No organic act. No Territorial organization. Admitted June 19, 1863.
Formed from a portion of the State of Virginia lying west of the Allegheny Moun-
tains. The name first proposed was “Kanawha.”
A convention, assembled at Wheeling on the 26th day of November, 1861, to Febru-
ary 18, 1862, to form a constitution. It was submitted to the people April 3, 1862, and
ratified by a vote of 28,321 for to 572 against. A certified copy of said constitution
and schedule was presented in the Senate, May 29, 1862, by Hon. Waitman T. Willey,
and referred to the Committee on Territories.
The memorial of the commissioners, appointed by the convention of the State of
West Virginia, praying the admission of that State into the Union, was presented in
the Senate, May 31, 1862, by Hon. Benjamin F. Wade, and referred to Committee on
Territories. - -
A bill (S. 365) “for the admission of the State of West Virginia into the Union, and
for other purposes,” was reported from Committee on Territories, Senate, by Hon. Ben-
jamin F. Wade, June 23, 1862; passed that House July 14, and passed the House of
Representatives December 10, 1862. This act sets forth that the people of that section
of the State of Virginia known as West Virginia, having, by a convention assembled
at Wheeling on November 26, 1861, framed a constitution with a view of becoming a
separate and independent State; that said constitution having been adopted by the
duly qualified voters of the proposed State; that the legislature of Virginia, having,
|by an act passed May 13, 1862, given the consent of said State to the formation within its
borders of the proposed State of West Virginia; that said convention and said legisla-
ture having requested the admission of the proposed State into the Union, and that
Congress having consented thereto, the State of West Virginia is thereupon admitted
into the Union on an equal footing with the original States.
The bill became a law December 31, 1862.
The United States owned no public domain in West Virginia.
N E V A. D. A
(Spanish—White with snow) was the twenty-third State admitted.
- Population.
Years. g White. Colored. | Chinese. | Total.
1860---------------------------------------------------------- 6,812 45 ---------- 6, 857
1879.--------------------------------------------------------. 38,959 357 3, 152 42,491
*---------------------------------------------------------. 53, 556 488 5,416 62,266

STATES AND TERRITORIES. 449
Area 112,090 square miles, or 71,737,600 acres.
A Territorial organization. Organic act, March 2, 1861. Admitted October 31, 1864.
Formed from territory included in the cession from Mexico of 1848.
A bill (H. R. 567) “to organize the Territory of Nevada’’ was reported from Com-
mittee on Territories, House of Representatives, by Hon. William Smith, May 12, 1858,
and ordered to be printed. No further action thereon.
A bill (S. 44) “to organize the Territory of Nevada” was introduced on leave in
Senate by Hon. William M. Gwin, January 9, 1860, and referred to Committee on Ter-
ritories. Not further acted upon.
The Territory of Nevada.
A bill (S. 563) “to organize the Territory of Nevada,” was reported from Committee
on Territories, Senate, by Hon. James S. Green, February 14, 1861; passed the Senate
February 26; passed the House of Representatives March 1, and became a law March
2, 1861.
A bill (H. R. 437) “to extend the territorial limits of the Territory of Nevada,” was
reported from Committee on Territories, House of Representatives, by Hon. James M.
Ashley, April 28, 1862; passed that House May 8; passed the Senate July 12, and be-
came a law July 14, 1862. *
A bill (S. 524) “to enable the people of Nevada to form a constitution and State gov-
ernment, and for the admission of such State into the Union on an equal footing with
the original States,” was introduced on leave in Senate by Hon. James H. Lane, Feb-
ruary 12, 1863, and referred to Committee on Territories. The bill was reported Feb-
ruary 23, and passed the Senate March 3, 1863. Not acted upon by House of Repre-
sentatives.
A bill (S. 96) “to enable the people of Nevada to form a constitution and State gov-
ernment, and for the admission of such State into the Union on an equal footing with
the original States,” was introduced on leave in Senate by Hon. James R. Doolittle,
February 8, 1864; passed the Senate February 24; passed the House of Representa-
tives March 17, and became a law March 21, 1864.
Under this act a convention to form a constitution met at Carson City, and framed
and adopted one, adjoivrning July 28, 1864.
The State of Nevada.
A bill (S. 267) “to amend the act entitled ‘An act to enable the people of Nevada
to form a constitution and State government, and for the admission of such State into
the Union on an equal footing with the original States,” was reported from Committee
on Territories, Senate, by Hon. Benjamin F. Wade, May 5, 1864, and on the same day
passed the Senate; passed the House of Representatives May 19, and became a law
May 21, 1864
A proclamation, declaring the State of Nevada admitted into the Union, was issued
by the President of the United States October 31, 1864.
All of the area of the State of Nevada became public domain, is surveyed, and
Was and now is disposed of under laws of the United States.
N E B R A S K A
(Indian—Water valley) was the twenty-fourth State admitted.
Population. *
Yoars. White. Colored. Total.
* -------------------------------------------------------------- 28,696 82 28, 841
* -------------------------------------------------------------. 122, 117 789 122,993
* -------------------------------------- s sº e s s a = * * * * * * * * * * * • - - - - - 449,764 2,385 452, 402

29 L O—WOL III
450 STATES AND TERRITORIES.
Area, 75,995 square miles, or 48,636,800 acres. -
A Territorial organization. Organic act, May 30, 1854. Admitted March 1, 1867.
Formed out of part of the territory ceded to the United States by France.
A bill (H.R. 444) “to establish the Territory of Nebraska” was introduced on leave
by Hon. Stephen A. Douglas, December 17, 1844, and referred. An amendatory bill
was reported January 7, 1845, but no further action thereon.
A bill (S. 170) “to establish the Territory of Nebraska” was introduced on leave by
Hon. Stephen A. Douglas March 15, and referred. Reported without amendment April
20, 1848. Recommitted December 20, 1848. Not reported.
A bill (S. 22) “to organize the Territory of Nebraska’’ was introduced on leave in
Senate by Hon. Augustus C. Dodge December 15, 1853, and passed the Senate March
3, 1854, under amended title, viz.: “An act to organize the Territories of Nebraska
and Kansas.” No action thereon by the House of Representatives.
The Territory of Nebraska.
A bill (H. R. 236) “to organize the Territories of Nebraska and Kansas" was re-
ported from Committee on Territories, House of Representatives, by Hon. William A.
Richardson, January 31, 1854; passed that House May 22, passed the Senate May 25,
and became a law May 30, 1854.
(For statement of propositions, supplementary to or amendatory of the act last re-
ferred to, entitled “An act to organize the Territories of Nebraska and Kansas,” see,
under head of Kansas, S. 343, S. 351, S. 464, S. 466, and S. 476.)
A bill (S. 522) “to enable the people of Nebraska to form a constitution and State
government, and for the admission of such State into the Union on an equal footing
with the original States,” was introduced on leave in Senate by Hon. James H. Lane
February 12, 1863; referred to Committee on Territories same day; reported and fur-
ther consideration postponed March 3, 1863.
A bill (H. R. 143) “to enable the people of Nebraska to form a constitution and
State government, and for the admission of such State into the Union on an equal
footing with the original States,” was introduced on leave in the House of Repre-
sentatives by Hon. James M. Ashley December 14, 1863; passed that House March 17,
1864; passed the Senate April 14, and became a law April 19, 1864. This act, when
first submitted to the people of Nebraska, was rejected by them ; but, subsequently,
the legislature of the Territory instituted proceedings and framed a constitution Feb-
ruary 9, 1866. It was submitted to the people June 21, 1866, and ratified by a vote of
3,938 for to 3,838 against it. This constitution was presented to Congress, with a re-
quest by the legislature for the admission of Nebraska into the Union as a State.
A bill (S. 447) “for the admission of the State of Nebraska into the Union ” was
introduced on leave in Senate by Hon. Benjamin F. Wade July 23, 1866; passed that
house July 27, and, on the same day, passed the House of Representatives. The bill
was presented to the President on the day of its passage, but was not signed by him,
and, as Congress adjourned on the following day (July 28, 1866), the bill failed to be-
come a law.
The State of Nebraska.
A bill (S. 456) “for the admission of the State of Nebraska into the Union ” was
introduced on leave in Senate by Hon. Benjamin F. Wade December 5, 1866; passed
that house January 9, 1867, and passed the House of Representatives January 15,
with an amendment to which the Senate agreed January 16, 1867. The bill was re-
tnrned to the Senate, with a veto message, by the President January 30, but was
passed over the veto—by the Senate February 8, and by the House of Representatives
February 9, 1867. This act provided, as a condition precedent to the admission of said
State, that its constitution should be amended by striking out the word “white”
wherever it occurred therein, and upon such amendment being properly certified to
the President of the United States, he was authorized to issue his proclamation de-
claring the State admitted into the Union upon an equal footing with the other
States.
STATES AND TERRITORIES. 451
In accordance with this authority, the condition having been complied with by the
legislature of Nebraska February 20, 1867, the President issued his proclamation,
declaring the State to be admitted into the Union, March 1, 1867.
All of the area of Nebraska became public domain, and was and is surveyed and
disposed of under laws of the United States. .
C O L OR ADO
(Spanish—Red, or colored) was the twenty-fifth State admitted.
Population.
Years. White. Colored. | Chinese. Total.
1860----------------------------------------------------------| 84,231 46 7 34,277
1870---------------------------------------------------------- 39,221 456 7 39, 864
1880.--------------------------------------------------------- 191,126 2, 435 612 || 194,327

Area, 104,500 square miles, or 66,880,000 acres. g
A Territorial organization. Organic act, February 28, 1861. Admitted August 1,
1876. .
Formed from portions of the territory ceded by France and that ceded by Mexico
by the treaty of Guadalupe Hidalgo, in 1848.
The Territory of Colorado.
A bill (S. 366) “to provide a temporary government for the Territory of Colorado”
was reported from Committee on Territories, Senate, by Hon. James S. Green, April
3, 1860; passed that house February 4, 1861; passed the House of Representatives with
an amendment February 18; said amendment agreed to by Senate February 26; and
became a law February 28, 1861
A bill (S. 311) “to amend the act entitled ‘An act to provide a temporary govern-
ment for the Territory of Colorado,” was reported from Committee on Territories,
Senate, by Hon. Morton S. Wilkinson, May 15, 1862; passed that house same day;
passed the House of Representatives February 11, 1863, with amendments which
were agreed to by the Senate February 28, and became a law March 2, 1863.
A bill (S. 523) “to enable the people of Colorado to form a constitution and State
government, and for the admission of such State into the Union on an equal footing
with the original States,” was introduced on leave in the Senate, by Hon. James H.
Lano, February 12, 1863, and passed that house March 3, 1863. Not acted upon by
the House of Representatives.
A bill (S. 97) “to enable the people of Colorado to form a constitution and State
government, and for the admission of such State into the Union on an equal footing
with the original States,” was introduced on leave in Senate, by Hon. James R.
Doolittle, February 8, 1864; passed that house February 24; passed the House of Rep-
resentatives March 17; and became a law March 21, 1864. sº
A constitution formed by a convention under this act was submitted to the people
of Colorado, and rejected; in August, 1865, a convention formed a constitution, which
was submitted to the people September 5, 1865, and ratified by a majority of 105 votes.
A bill (S. 291) “to amend an act entitled ‘An act to enable the people of Colorado
to form a constitution and State government, and for the admission of such State into
the Union on an equal footing with the original States,’” was reported from Committee
on Territories, Senate, by Hon. Benjamin F. Wade, May 25, 1864; passed that house
May 27; passed the House of Representatives June 15, and became a law June 18, 1864.
In 1865, however, action was taken in Colorado upon those acts, and a constitution
was formed which was, in December of that year, submitted to Congress, with a
Tequest for the admission of the State into the Union.
452 STATES AND TERRITORIES.
‘A bill (S. 74) “for the admission of the State of Colorado into the Union” was
introduced on leave in Senate, by Hon. William M. Stewart, January 12, 1866; passed
that house April 25, and passed the House of Representatives May 3, 1866. The bill
was returned to the Senate with a veto message by the President May 15, 1866, and, on
May 16, 1866, was ordered by the Senate to lie on the table. The bill was never acted
upon after the veto message was received. &
A bill (S. 462) “to admit the State of Colorado into the Union” was introduced on
leave in Senate, by Hon. Benjamin F. Wade, December 10, 1866; passed that house
January 9, 1867, and passed the House of Representatives January 15, 1867. The bill
was returned to the Senate with a veto message by the President, January 28, 1867,
and failed to pass that body over the veto March 1, 1867.
The State of Colorado.
A bill (H. R. 435) “to enable the people of Colorado to form a constitution and
State government, and for the admission of said State into the Union on an equal
footing with the original States,” was introduced on leave in House of Representatives,
by Hon. J. B. Chaffee, December 8, 1873; referred to Committee on Territories and
reported May 28, 1874; same day ordered to be printed and recommitted; passed that
House June 8, 1874; passed the Senate February 24, 1875, with an amendment which
was agreed to by the House of Representatives March 3, and became a law March 3,
1875. A constitution was adopted under this act by a convention which met at
Denver, December 20, 1875, to March 14, 1876. It was ratified by the people July 1,
1876. This law contains a provision authorizing the President of the United States—
upon being notified by the proper anthority that the terms of the law had been com-
plied with—to issue his proclamation declaring the State to be admitted into the
Union. In accordance with this provision a proclamation was issued by the President
August 1, 1876, declaring the State of Colorado admitted into the Union.
All of the area of Colorado became public domain, except certain grants located
therein made by sovereigns or governments, former owners of the soil; was and is
surveyed and disposed of under laws of the United States.
THE T E R R H TO RIES.
Existing laws relating to the several Territories of the United States are to be
found under Title XXIII, “The Territories,” chap. I, secs. 1839 to 1895, Revised
Statutes, and session laws of Congress since 1878.
Chapter II of the above title relates to provisions concerning particular organized
Territories; secs. 1896 to 1953, and see session laws of Congress since 1878. Chapter
III of the above title relates to Alaska; secs. 1954 to 1976, and session laws of Congress
since 1878.
NEW MEXICO .
(Aztec-‘‘Mexitli,” the Aztec god of war.)
[See also page 1182.] e
Population.
Years White. Colored. | Total
1850 -------------------------------------------------------------------- 61, 525 22 61,574
1860 -------------------------------------------------------------------. 82,924 85 93,516
1870 -------------------------------------------------------------------- 90, 393 172 91. 874
1880 ------------------------------------------------------------------. 108,721 1,015 119, 563

Area, 121,201 square miles, or 77,568,640 acres.
Organic act passed September 9, 1850.
Formed from part of the territory ceded to the United States by Mexico in 1848.
For statement of propositions for forming a Territorial government for New Mexico,
see under head of “California.”
STATES AND TERRITORIES. 453
A bill (S. 170) “to establish the governments of Utah and New Mexico, and for
other purposes,” was reported by Hon. Stephen A. Douglas March 25, and passed the
Senate August 15, 1850, amended to “An act to establish a Territorial government for
New Mexico.” This bill, with the addition of a new section, was engrafted on bill
(S. 307) in House of Representatives. See following statement:
In House of Representatives, August 28, 1850, the bill (S. 307) entitled “An act
proposing to the State of Texas the establishment of her northern and western
boundaries, the relinquishment by the said State of all territory claimed by her
exterior to said boundaries, and of all her claims upon the United States,” having
been under consideration until September 5, 1850, was then amended by providing a
Territorial government for New Mexico, and on the 6th of September was passed, and
the title amended by adding, “and to establish a Territorial government for New
Mexico.” The Senate concurred in the amendments, and the bill became a law on the
9th of September, 1850.
August 4, 1854 (10 Stats., p. 575), the territory acquired from Mexico under the
Gadsden purchase, so called, incorporated with the Territory of New Mexico.
February 24, 1863 (12 Stats., p. 664), the Territory of Arizona was erected from part
of New Mexico.
July 27, 1868 (15 Stats., p. 239), the veto power of the governor made subject to two-
thirds vote of legislature; biennial sessions of legislature ordered; secretary of Terri-
tory made ex officio superintendent of public buildings and grounds. (Salary as such
superintendent abolished May 18, 1872; 17 Stats., p. 127.) -
March 2, 1867 (14 Stats., p. 546), peonage abolished and forever prohibited in the
Territory of New Mexico, or in any other Territory of the United States.
All of the area of the Territory of New Mexico is public domain, except certain
grants made by sovereigns or governments, owners of the soil, and is surveyed and
disposed of under laws of the United States.
U T A H .
(Named after a tribe of Indians.)
{See also page 1183.]
Population.
Years. White. Colored. | Chinese. | Total.
1850. --------------------------------------------------------- 11, 330 50 |.--------. 11, 380
1860. --------------------------------------------------------- 40, 125 59 --------- 40,273
1870. -------------------------------------- - ----------------- 86,044 118 445 86,786
1880. --------------------------------------------------------- 142,423 232 501 || 143,963
Area, 84,476 square miles, or 54,064,640 acres.
Organic act passed September 9, 1850. *
Formed from part of the territory ceded to the United States by Mexico in 1848.
For statement of propositions for forming a Territorial government for Utah, see
under head of California and New Mexico.
The bill (S. 225) “to admit California as a State into the Union, to establish Terri-
rial governments for Utah and New Mexico, and making proposals to Texas for the
establishment of her western and northern boundaries,” was reported by Hon. Henry
Clay, May 8, 1850, and was amended and passed the Senate August 1; beiug reduced
to a provision for, and the title having been amended to, “An act to establish a Ter-
ritorial government for Utah,” which bill passed the House of Representatives Sep-
tember 7, and became a law on the 9th of September, 1850.
February 21, 1855 (10 Stats., p. 611), “An act to establish the office of surveyor-
general of Utah, and to grant land for school and university purposes.”
March 2, 1861 (12 Stats., p. 244) part of Territory of Utah north of the forty-first
454 STATES AND TERRITORIES.
degree of north latitude and east of the thirty-third meridian of longitude west from
Washington, incorporated with and made a part of Territory of Nebraska.
March 14, 1862 (12 Stats., p. 369), the Territories of Utah and Colorado were made
one surveying district, the duties of surveyor-general to be performed by the surveyor-
general of Colorado.
May 30, 1862 (12 stats., p.409), the Territories of Utah and Colorado to constitute one
surveying district when so ordered by the President on the recommendation of the
General Land Office, approved by the Secretary of the Interior. -
July 16, 1868 (15 Stats., p. 91), “An act to create the office of surveyor-general in
the Territory of Utah and establish a land office in said Territory, and extend the home-
stead and pre-emption laws over the same.”
July 1, 1862 (12 Stats., p. 501), was passed “An act to punish and prevent the prac-
tice of polygamy in the Territories of the United States and other places, and disap-
proving and annulling certain acts of the legislative assembly of Utah.” e
June 23, 1874 (18 Stats., p. 253), “An act in relation to courts and judicial officers in
the Territory of Utah.” -
All of the area of Utah is public domain, and is surveyed and disposed of under
laws of the United States.
W.A.S. HIN GT ON .
[See also page 1184.]
Population.
Years. White. Colored. | Chinese. Total.
1860. --------------------------------------------------------- 11, 138 30 I---------- 11,594
1870---------------------------------------------------------- 22, 195 207 234 23.955
1880------------------------------------------------ --------- 67,199 325 3, 186 || 75,116

Area, 69,994 square miles, or 44,796,160 acres.
Organic act passed March 2, 1853.
Formed from the territory purchased from France ; but the northern boundary was
settled by the treaty with Great Britain known as the Oregon treaty, of June 15, 1846,
establishing the boundary between the United States and the British Possessions, as
at present defined, viz, the forty-ninth degree of north latitude.
A bill (H.R. 348) “to establish the Territorial government of Columbia,” was re-
ported from Committee on Territories, House of Representatives, by Hon. Charles E.
Stuart, January 25, 1853; passed that House February 10, 1853, under amended title,
viz, “An act to establish the Territorial government of Washington; ” passed the Sen-
ate March 2, and became a law March 2, 1853.
February 14, 1859 (11 Stats., p. 384), part of Territory of Oregon incorporated with
Washington Territory. *
March 2, 1861 (12 Stats., p. 244) part of Territory of Washington added to Nebraska.
June 17, 1864 (13 Stats., p. 135), veto power of governor regulated.
June 29, 1866 (14 Stats., p. 77), sessions of legislative assembly to be biennial; mem-
bers of council to be elected for four years, and members of house for two years.
March 3, 1869 (15 Stats., p. 300), members of both branches to be chosen for two
years.
July 27, 1868 (15 Stats., p. 241), laws of United States extended over Alaska, and
district court of Washington Territory to have original jurisdiction in cases arising
in said Territory of Alaska. -
June 20, 1874 (18 Stats., p. 129), “An act relating to the possessory rights of the
Hudson's Bay Company and other British subjects. -
All of the area of Washington is public domain excepting possessory rights given by
sovereigns or governments, former owners of the soil, and is surveyed and disposed of
under the laws of the United States.
STATES AND TERRITORIES. 455.
D A KOTA.
(Indian—Leagued.)
{See also page 1184.]
Population.
Years. White. Colored. | Total.
1860 -------------------------------------------------------------------- 2, 576 |---------- 4, 837
1879.- ... -- ------------------------------------------------------------- 12, 887 94 11,481
1880 -------------------------------------------------------------------. | 133,147 |. 401 || 135, 177

Area, 150,932 square miles, or 96,596,480 acres.
Organic act passed March 2, 1861.
Formed from territory ceded by France.
A bill (S. 475) “to organize the Territory of Dakota, and for other purposes,” was
introduced, on leave, in Senate by Hon. Graham N. Fitch, December 20, 1858, and re-
ferred to the Committee on Territories. Said committee was, on February 8, 1859,
discharged from further consideration of the bill. -
A bill (S. 555) “to provide temporary governments for the Territories of Dakota and
Arizona, and to create the office of surveyor-general in the Territory of Arizona,” was
reported from Committee on Territories, Senate, by Hon. James S. Green, February 4,
1859. No action thereon was taken by the Senate.
A bill (S. 562) “to provide a temporary government for the Territory of Dakota, and
to create the office of surveyor-general therein,” was reported from Committee on Ter-
ritories, Senate, by Hon. James S. Green, February 14, 1861; passed that house Feb-
ruary 26; passed the House of Representatives March 1, and became a law March 2,
1861. -
March 2, 1863 (12 Stats., p. 701), qualifications and powers of governor prescribed,
and veto power regulated. * *
May 26, 1864 (13 Stats., p. 92), part of Territory of Idaho temporarily incorporated
with and made part of Dakota Territory.
April 28, 1870 (14 Stats., p. 93), boundary line between Dakota Territory and State
of Nebraska redefined.
February 17, 1873 (17 Stats., p. 464), western boundary of Dakota Territory read-
justed, and detached portion of Territory, under former erroneous definition, attached
to Territory of Montana.
All of the area of Dakota is public domain, and is surveyed and disposed of under
the laws of the United States.
ARIZON A.
(Sand hills.)
[See also page 1186.]
Population.
Years. - White. Colored. | Chinese. Total.
1870--------------------------------------------------------- 9, 581 26 20 9, 658
1880---------------------------------------------------------- 35, 160 155 1,630 40, 440

Area, 113,916 square miles, or 72,906,304 acres.
Organic act passed February 24, 1863.
Formed from territory ceded by Mexico by the treaty of Guadalupe Hidalgo in 1848,
and part by the “Gadsden purchase,” in 1853.
A bill (S. 8) “to organize the Territory of Arizona, and to create the office of sur-
veyor-general therein, to provide for the examination of private land claims, to grant
donations to actual settlers, to survey the public and private lands, and for other pur-
poses,” was introduced on leave in Senate by Hon. William M. Gwin, and referred to
456 STATES AND TERRITORIES.
Committee on Territories, December 17, 1857. The committee was discharged from
further consideration of the bill February 8, 1859.
(For a statement of bill S. 555, introduced in the Senate February 4, 1859, see Da-
kota.)
A bill (S. 365) “to provide a temporary government for the Territory of Arizuma,”
was reported from Committee on Territories, Senate, by Hon. James S. Green, April 3,
1860; considered and amended December 27, and further consideration thereof post-
poned December 31, 1860.
A bill (H.R. 357) “to provide a temporary government for the Territory of Arizona,”
was reported from Committee on Territories, House of Representatives, by Hon. James
M. Ashley, March 13, 1862; passed that house May 8, 1862; passed the Senate Febru-
ary 20, 1863, and became a law February 24, 1863.
March : -867 (14 Stats., p. 542), attached to surveying district of California; made
a land district; register and receiver authorized to be appointed.
July 11, 1870 (16 Stats., p. 230), made a separate surveying district; surveyor-gen-
eral authorized.
July 19, 1876 (19 Stats., p. 91), veto power of governor regulated.
All of the area of Arizona is public domain, except certain grants made by sovereigns
or governments, former owners of the soil, and is surveyed and disposed of under the
laws of the United States. •
IID A H O.
(Indian—Gem of the mountains.)
[See also page 1187.]
Population.
Years White. Colored. Chinese. Total.
1870------------------------------------------------- 10, 618 60 4, 274 14, 999
1880------------------------------------------------- 29,013 53 3, 379 32, 610

Area, 86,294 square miles, or 55,228,160 acres.
Organic act passed March 3, 1863.
Formed from the purchase from France.
A bill (H. R. 738) “to provide a temporary government for the Territory of Mon-
tana” was reported from Committee on Territories, House of Representatives, by Hon.
James M. Ashley, February 11, 1863; passed that House February 12, 1863; passed
the Senate March 3 under title amended so as to read “An act to provide a temporary
government for the Territory of Idaho,” to which amendment the House of Representa-
tives agreed March 3; and became a law March 3, 1863.
May 26, 1864 (13 Stats., p. 92), part of Idaho transferred to Dakota.
July 2, 1864 (13 Stats., p. 353), made one surveying district with Montana.
June 27, 1866 (14 Stats., p. 77), made a land district; register and receiver author-
ized to be appointed.
June 29, 1866 (14 Stats., p. 77), made a separate surveying district; surveyor-gene-
ral authorized to be appointed.
All of the area of Idaho is public domain, and is surveyed and disposed of under the
laws of the United States.
M O N TA N A.
(Spanish—Mountain.)
Population.
Years. White. Colored. | Chinese. Total.
1870-------------------------------------------------- 18,306 183 1, 949 20, 505
1880-------------------------------------------------- 35, 385 346 1,765 39, 159

STATES AND TERRITORIES. 457
Area, 143,776 square miles, or 92,016,640 acres.
Organic act passed May 26, 1864.
Formed from part of the French purchase.
A bill (S. 521) “to provide a temporary government for the Territory of Montana”
was introduced on leave in Senate by Hon. James H. Lane, February 12, 1863, and
referred to Committee on Territories. Not reported. -
(For a statement of bill H. R. 738, introduced in the House of Representatives Feb-
ruary 11, 1863, see Idaho.) 2.
A bill (H.R. 15) “to provide a temporary government for the Territory of Montana.”
was introduced on leave in the House of Representatives by Hon. James M. Ashley
December 14, 1863; passed that House March 17, 1864, and passed the Senate, with
amendments, March 31, 1864. Said amendments were disagreed to by the House of
Representatives May 31, and, on April 1, the Senate was requested to return the bill,
which it did the same day. On the 4th of April the bill was returned to the Senate
and considered by that body, but its amendments to the bill were insisted upon, and
a committee of conference was requested. The report of the conference committee
was agreed to by the Senate April 14, but disagreed to by the House of Representa-
tives April 15, the latter asking a further conference. The Senate refused a further
conference, April 15, on the terms proposed by the House of Representatives, where-
upon the latter house, insisting upon its disagreement to the Senate amendments,
asked a “further free conference,” to which the Senate agreed April 29. The report
of the conference committee was agreed to by the Senate May 19 and by the House of
Representatives May 20, and the bill became a law May 26, 1864.
July 2, 1864 (13 Stats., p. 353), made one surveying district with Dakota.
March 2, 1867 (14 Stats., p. 542), appointment of surveyor-general authorized; made
a land district; register and receiver authorized.
All the area of Montana is public domain, and is surveyed and disposed of under the
laws of the United States.
W Y O M IN G.
(Indian—The large plains.)
Population.
Years. White. Colored. | Chinese. Total.
1870-------------------------------------------------- 8,726 183 143 9, 118
1880 ------------------------------------------ ----- 19, 437 293 914 20,789

Area, 97,833 square miles, or 62,645,120 acres.
Organic act passed July 25, 1868.
Formed from a part of the French purchase and the Mexican acquisition of 1848.
A bill (S. 357) “to provide a temporary government for the Territory of Wyoming”
was introduced on leave in Senate by Hon. Richard Yates February 13, 1868; passed
that house June 3; passed the House of Representatives July 22; and became a law
July 25, 1868. -
February 5, 1870 (16 Stats., p. 64), made a land district; appointment of register
and receiver and surveyor-general authorized. - -
All the area of Wyoming is public domain, and is surveyed and disposed of under
the laws of the United States. -
R U S SIAN PUR CHA S E — A L.A. S. K.A.
(Indian, Alakshak—Great country.)
[See also page 1187.]
Area, 577,390 square miles, or 369,529,600 acres.
This is unorganized territory, being the country purchased from Russia by treaty of
30th March, 1867.
458 - STATES AND TERRITORIES.
A bill (S. 619) “to extend the laws of the United States relating to customs, com-
merce, and navigation over the territory ceded to the United States by Russia, to
establish collection districts therein, and for other purposes” passed the Senate July
16, 1868; passed the House of Representatives July 25; and became a law July 27, 1868.
This act gave one of the United States district courts of Washington Territory original
jurisdiction in causes arising in Alaska. *
A bill (S. 239), “Joint resolution more efficiently to protect the fur seal in Alaska,”
was introduced on leave in Senate by Hon. James W. Patterson February 26, 1869;
passed that house March 2; passed the House of Representatives March 3; and became
a law March 3, 1869.
A bill (S. 32) “to prevent the extermination of fur-bearing animals in Alaska” was
introduced on leave in Senate by Hon. Thomas W. Ferry March 6, 1869; passed that
house March 9, 1869; passed nº. of Representatives June 28, 1870, with amend-
ment, to which the Senate agreed June 30; and became a law July 1, 1870.
A bill (H.R. 2944) “to provide a temporary civil organization for the Territory of
Alaska’’ was reported from Committee on Territories, House of Representatives, by
Hon. Shelby M. Cullom February 4, 1871, and passed by that house the same day. In
Senate, referred February 6, reported adversely, and further consideration indefinitely
postponed February 17, 1871.
All the area of Alaska is public domain. The laws of the United States relating to
survey and disposition have not as yet been extended over Alaska.
INDIAN T E R RITO RY
[See also page 1187, and also see map to December 1, 1883, facing page 462.]
Not an organized Territory.
Population in 1870, 68,152. t
Area,” 63,253 square miles, or 40,481,600 acres.
Set aside for Indians by act of June 30, 1834.
Unsurveyed lands in the Territory, estimated, 13,477,610 acres; unoccupied lands,
9,991,167 acres.
Attached for judicial purposes to the western district of the State of Arkansas.
That portion of the United States called “Indian country” is described in the act
of March 30, 1802. (2 Stats., p. 139.) -
After the Louisiana purchase in 1803, Congress, by the fifteenth section of the act of
March 26, 1804 (2 Stat., p. 283), provided for the removal of the Indians on the east to
the west side of the Mississippi River; and in May 28, 1830 (4 id., p. 411), the laying off
of these lands west of said river was provided for, &c. - -
In June 30, 1834 (4 id., p. 729), what was to be known as Indian country was again
described in the first section of that act. *
By article II of the treaty of May 6, 1828 (7 id., p. 311), the Cherokee nation were
granted lands by metes and bounds as therein described. See supplementary treaty of
February 14, 1833 (7 id., p.414), and also the treaty of December 29, 1835. (7 id., p. 748.)
By article II, treaty of October 18, 1820 (7 id., p. 210), the United States cedes to the
Choctaw nation lands to the south of those granted the Cherokees in said “Indian
Country.” Boundary line between Choctaws and the United States fixed by first article
treaty of January 20, 1825. (7 id., p. 234.) - \
Boundaries of Choctaw grant made more specific by second article treaty of Septem-
ber 27, 1830. (7 id., p.333.)
By the first article treaty of February 12, 1825, the Creek Nation were ceded by the
United States lands in said “Indian country.” (7 id., p. 237.)
For boundaries of Creek grant see article II, treaty February 14, 1833 (7 id., p. 417.
By this treaty (fourth article) Seminole Indians made part of said Creek nation.
The land granted the Cherokee Nation in the said Indian country west of Missis-
sippi River was patented to them as a nation December 31, 1838, pursuant to said
treaty stipulations. -
*Actual to June 30, 1883.
STATES AND TERRITORIES. 459
The Choctaws as a nation received a patent for the lands ceded them in said Indian
country, March 23, 1842.
The Creek Indians as a nation received patent for their lands in Said Indian Country
August 11, 1852.
These three patents included all the lands in what is now called Indian Territory,
and some of the lands now included in the State of Kansas, except those lands lying
in the northeast corner of said Territory, claimed by the Senecas and other tribes.
These lands in Kansas have been relinquished.
For change of boundaries of said patented lands, see 11 Stats., p. 611; 14 id., pp. 785,
799.
After the lands were ceded to said Indian nations they were called “Indian country,”
“Indian nation,” and lastly “Indian Territory”; this latter name has been accepted
and recognized by the Executive in issuing orders, &c., and by Congress in establish-
ing post-routes, &c., as the proper name to apply to this region of country.
In pursuance of treaty stipulations, &c., a portion of the lands known as Indian
Territory have been surveyed. -
For Executive orders and treaties relative thereto, see the report of the Hon. Com-
missioner of Indian Affairs for 1879, pp. 220, 221. • *
The survey and patenting of the lands in this Territory are done by the Commis-
sioner of the General Land Office upon the recommendation of the Commissioner of
Indian Affairs, approved by the Secretary of the Interior.
No part of said Territory has been brought under the operation of general laws so as
to make them subject to settlement as public lands. -
The various treaties and acts of Congress relative to lands in this Territory have, as
far as is known, been construed to reserve them for Indian purposes.
The maps and plats of the surveys of said Territory are on file in the General Land
Office, and also in the office of the Commissioner of Indian Affairs.
INTERNAL CONDITION.—SURVEYS-LAND-HOLDING RATEs.
The following tracts of country in Indian Territory have been surveyed:
Survey8 of reservations and tracts.
Acres
Quapaw reservation------------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 56,685
Peoria, &c., reservation ------------------------------------------------- 50, 301
Modoc reservation------------------------------------------------------- 4,040
Shawnee reservation-...------------ * * * * * * * * * * * * ~ * * * * sº e * E - - - - e º sº º sº * * * * * * * * * 13,048
Wyandot reservation---------------------------------------------------- 21, 406
Seneca reservation ------------------------------------------------------ 51, 958
Osage reservation ------------------------------------------------------- 1,466, 167
Kansas reservation -- - - - -------------------------------------------------- 100, 141
Pawnee reservation ----------------------------------------------------- 283,026
Unoccupied Cherokee lands west of 969, east of Pawnee reserve. ---------- 105,456
Unoccupied Cherokee lands west of 969, west of Pawnee reserve- - - - - - - - - - - 6,239, 106
Unoccupied Creek lands north of Cimarron River and west of Pawnee
TeSeTVe - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - • * * * * * * * * * * * 683, 139
Sac and Fox reservation ------------------------------------------------- 479, 667
Pottawatomie “30-mile Square” tract.----------------------------------. 575, 877
Chickasaw reservation :------------------------------------------------- 4,650,935
Kiowa and Comanche reservation.------------------- * -------------------- 2,968,893
Wichita reservation ----------------------------------------------------- 743,610
Cheyenne and Arapahoe reservation-------------------------------------- 4,297,771
Unoccupied Creek and Seminole ceded lands ----------------...-- --------- 1,645,890
Unoccupied Choctaw and Chickasaw leased lands ----------------- * * * º ºs º º 1, 511, 576
Total area surveyed------------------------------- ---------------- 25,948, 692
Of these the Sac and Fox Reservation and the Pottawatomie “30-mile square” tract,
the Quapaw, Peoria, Modoc, Shawnée, Seneca, and Wyandot reservations have
been surveyed and subdivided into 40-acre tracts; the remainder into sections, as the
public surveys are made. **
460 STATES AND TERRITORIES.
The object of these surveys was the fulfillment of treaty stipulations, and to enable
the Department to ascertain the exact location, quality, and quantity of these several
tracts, with a view to the settlement of friendly Indians upon the unoccupied lands,
and to aid the various tribes of Indians already settled upon reservations in the adop-
tion of habits of civilized life and their permanent settlement upon individual allot-
ments of farms.
The following tracts remain unsurveyed:
Acres.
The Cherokee Reservation, estimated.------------...----------------------- 5,031, 351
The Creek Reservation, estimated.------------------------------------- 3,215,495
The Choctaw Reservation, estimated.-----...----------------------------. 6,688,000
The Ottawa Reservation, estimated.-----------------------------------. 14, 860
The Seminole Reservation, estimated.----------------------------------- 200,000
Total estimated area unsurveyed.--------------------------------- 15, 149, 706
Previous to the treaties of 1866– -
t Acres.
The Quapaws owned------------...------. '- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 75, 167
The Mixed Senecas and Shawnees------...------------------------------- 63, 767
The Senecas of Sandusky.---------------------------------------------- 73, 364
The Cherokees--------------------------------------------------------- 13, 172,235
The Creeks------------------------------------------------------------ 6,998, 808
The Seminoles.-----------------------------------------------. E* *-* - ſº tº º tº gº tº 1,682,883
The Choctaws and Chickasaws. .--------------------------------------- 19,032, 174
Total area of Indian Territory------------------------------------ 41,098, 398
By the fourth article of the Omnibus treaty of February 23, 1867 (15 Stats., p. 514),
the Quapaws ceded to the United States 18,482 acres of their lands, at the rate of $1.15
per acre, and the United States, by the twenty-second article of the same treaty, sold
the same to the Peorias, &c., at the same rate, leaving a reservation of 56,685 acres to
the Quapaws, which they still hold. -
By the Second article of said treaty the Mixed Senecas and Shawnees ceded to the
United States the north half of their reserve, estimated to contain 30,000 acres, for the
sum of $24,000, which land, by the twenty-second article of the same treaty, was sold
by the United States to the Peorias, &c., at the same price. This tract, by survey,
contains 31,819 acres, which, with 18,482 acres of Quapaw lands, constitutes the pres-
ent Peoria, &c., reservation of 50,301 acres.
By the third article the Mixed Senecas and Shawnees ceded to the United States
that portion of their remaining lands west of Spring River, supposed to contain 12,000
acres, at $1 per acre, which land, by the sixteenth article, was sold to the Ottawa In-
dians by the United States, at $1 per acre, and constitutes the present Ottawa reserve,
and contains, by survey, 14,860 acres. Of the remainder of their lands, 17,088 acres,
the Shawnees, by an agreement with the Modoc Indians, made June 23, 1874, and con-
firmed by Congress March 3, 1875 (18 Stat., p. 447), sold to the United States 4,040
acres for $8,000 as a permanent reservation for the Modoc Indians, which is still held
by them, leaving 13,048 acres, which the Shawnees hold and occupy as their reserve.
By the first article of the same treaty, the Senecas of Sandusky ceded to the United
States a strip of land on the north side of their reservation, containing 20,000 acres, for
$20,000, which land, by the thirteenth article, the United States set apart as a future
home for the Wyandots. By the fourteenth article provision is made for the reim-
bursement to the United States of the cost of the land. This tract, the present Wyan-
dot reserve, contains 21,406 acres. The Senecas hold the remainder, 51,958 acres, as
their present reservation. -
The Cherokees. by the sixteenth article of the treaty of July 19, 1866 (14 Stats., p. 799),
ceded to the United States the authority to settle friendly Indians on any part of their
lands west of 96°. These lands (8,140,884 acres), when so occupied by friendly Indians,
are to be paid for to the Cherokees, at such price as may be agreed upon, as stipulated
in said sixteenth article. *
STATES AND TERRITORIES. 461
In accordance with this stipulation and an act of Congress approved June 5, 1872
(17 Stats., p. 228), the Kansas and Osage tribes of Indians were settled upon the tract
of country lying between the Arkansas River and 969, the Kaws occupying a tract of
100,141 acres and the Osages a tract of 1,466,167 acres. The price paid for these two
tracts was 70 cents per acre. tº -
By the fourth section of an act of Congress approved April 10, 1876 (19 Stats., p. 28),
there was set apart, for the use and occupation of the Pawnee Indians, a tract of
country comprising 230,014 acres, out of the lands named in the sixteenth article of
said Cherokee treaty, the price not to exceed 70 cents per acre. The Pawnees have
been in possession of this reserve for several years, but no payment has been made to
the Cherokees. The lands were appraised last year by a commission appointed under
the 5th section of an act of Congress approved May 29, 1872 (17 Stats., p. 190), at an
average valuation of 59.9 cents per acre. The remainder of the Cherokee lands west
of 969 (6,344,562 acres) is unoccupied, the United States not having as yet settled
thereon any other tribes.
By the third article of the treaty concluded June 14, 1866 (14 Stats., p. 786), the Creek .
Indians ceded to the United States, to be sold to and used as homes for such other civ-
ilized Indians as the United States may choose to settle thereon, the west half of their
entire domain, at 30 cents per acre. Of this cession there were sold to the Sac and Fox
Indians, at the price paid the Creeks, 479,667 acres, and to the Seminoles, at 50 cents
per acre, 200,000 acres.
There are included in the Pottawatomie “30-mile square” tract 222,668 acres, from
which, by an act of Congress approved May 23, 1872 (17 Stats., p. 159), allotments were
authorized to be made to the Pottawatomie citizen band, and the absentee Shawnee
Indians, the cost thereof to the United States (viz, 30 cents) to be paid by said In-
dians. No money, however, has yet been paid, though a number of allotments have
been made. Of the remainder, a portion is occupied by the Cheyenne and Arapahoe
Indians, by authority from the President, dated August 10, 1869, and the remaining
portion is unoccupied.
By the third article of the treaty of March 2, 1866 (14 Stats., p. 755), the Seminoles
ceded to the United States their entire domain at 15 cents per acre, being the land
ceded by the Creeks for the Seminoles in the treaty of August 7, 1856 (11 Stats., p. 699).
Of this cession, 353,209 acres are included in the Pottawatomie “30-mile square” tract
for the settlement of the Pottawatomie citizen band of the absentee Shawnee Indians
as recited in the Creek cession. Of the remainder, a portion is occupied by Cheyennes
and Arapahoes, by authority from the President, dated August 10, 1869, and the bal-
ance is unoccupied by any tribe.
By the ninth article of the treaty of June 22, 1855 (11 Stats., p. 613), the Choctaws
and Chickasaws leased to the United States all their lands west of 989, viz, 7,713,239
acres, for the permanent settlement of the Wichita and other Indians, the United States
paying therefor the sum of $800,000, and by the first article of the treaty of April 28,
1866 (14 Stats., p. 769), in consideration of the sum of $300,000, the Choctaw and Chicka-
saw Indians ceded all of the lands west of 98° named in the treaty of June 22, 1855, and
known as the “leased lands,” to the United States.
By the second article of the treaty of October 21, 1867 (15 Stats., p. 582), the United
States set apart out of these leased lands a tract of country containing 2,968,893 acres
as a permanent home for the Kiowa and Comanche Indians, the consideration therefor
being a relinquishment of all their right to occupy permanently the territory outside
of this tract, including their old reservation, as defined in the treaty of 1865. By an
unratified agreement, made October 19, 1872, the Wichitas were assigned another tract
of country out of these leased lands, embracing an area of 743,610 acres. The Chey-
enne and Arapahoe Indians, by authority from the President, dated August 10, 1869,
occupy 2,489,160 acres, and the reſhainder of these leased lands (1,511,576 acres) are
unoccupied by any tribes.
The above was the condition February 15, 1878. Since that date the Poncas and
462 STATES AND TERRITORIES.
Nez Percés have been moved to and now occupy a portion of the Cheyenne and Ara-
pahoe lands, being a portion of the Cherokee lands west of the Arkansas River, the
former 101,894 acres, and the latter 90,135 acres.
The unoccupied lands in the Indian Territory are held by the United States. Under
date of May 23, 1879, the Commissioner of Indian Affairs reports as to these lands as
follows: - -
In reply to the last inquiry contained in said resolution [viz, resolution of United
States Senate May 14, 1879], “whether it is the intention of the Government to use
such unoccupied lands for the settlement of Indians and freedmen; and if the Govern-
ment has such intention, what Indians and freedmen are to be located on such lands,”
I have to state that it is the intention of the Indian Department, whenever the policy
of the Department and the best interests of the Indians demand it, to appropriate
Such unoccupied lands for the use of any Indians, where their removal to the Indian
Territory is not prohibited by existing treaty stipulations or laws. -
For a map of the Indian Territory, showing all the reservations and unoccupied
land therein, see S. Ex. Doc. No. 124, second session Forty-sixth Congress, March 18,
1880, which is a report from the Commissioner of the General Land. Office in response
to Senate resolution of March 11, 1880, and exemplifications of land patents issued to
Indian tribes in Indian Territory, and copies of applications of railway corporations
and action thereon, with map. -
See S. Ex. Doc. No. 26, first session Forty-sixth Congress, and S. Ex. Doc. No. 32,
second session Forty-fifth Congress. -
Pl] BLIC LAND STRIP.
f [See pages 1167–1187.]
The “Public Land Strip,” or unoccupied public lands west of Indian Territory and
South of Kansas, is a part of the territory ceded to the United States by the State of
Texas in 1850. -
The area of the Public Land Strip is estimated at 5,740 square miles, equal to
3,673,600 acres. It is not attached to any judicial district. -
The only legislative action in regard to it is some incomplete measures, one of which
was bill S. No 1648, Forty-fifth Congress, third session, providing for the survey and sale
of said lands; also bill S. No. 1783, Forty-sixth Congress, second session, granting to
the Commissioner of the General Land Office general authority to survey public lands
of the United States, islands, &c., neither of which measures have resulted in law.
This territory remains unsurveyed and unoccupied. It is public domain, but the
land laws have not as yet been extended over it for survey, sale, or disposition.
THE DISTRICT OF COL U M BIA.
Population.
Year. White. Colored. | Total.
1800 -------------------------------------------------------------------- 10,066 4,027 14,093
1810 -------------------------------------------------------------------- 16, 079 7, 944 24, 023
1820 -------------------------------------------------------------------- 22, 614 10,425 33,039
1830 -------------------------------------------------------------------. 27, 563 12, 271 39, 834
1840 -------------------------------------------------------------------- 30, 657 | 13,055 43,712
1850 -------------------------------------------------------------------- 37,941 || 13,746 51, 687
1860 -------------------------------------------------------------------- 60,763 14, 316 75,080
1870 -------------------------------------------------------------------- 88, 278 43, 404 131,700
1880 -------------------------------------------------------------------- 118,236 |. 59,378 177,638

Area 60 square miles, or 38,400 acres.) -
During the Revolution and afterwards Congress held its sessions in Philadelphia,
Baltimore, New York, Lancaster, York, Princeton, Annapolis, and Trenton. Having
been interrupted at Philadelphia the sessions were removed to the halls of the college
at Princeton. In 1784 commissioners were appointed to procure a site for the Capital,
* This map, correct, in fact, to December 1, 1883, is inserted facing this page.
DEPARTMENT OF THE INTERIOR
GENERAL LAND OFFICE
N. C. Mº FARLAND, COMMIS SIONER.
IN DIAN TE R RITORY
scale 12 Miles to 1 inclu
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1883
compiled from the official Records of the General Landomice and other sources
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% accompany "A/e/oºn " Av. Zomas Zoraſa'oz.
See Pages 458–462.
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- REFERENCES
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STATES AND TERRITORIES. 463
between two or three miles square, upon the Delaware River, and erect suitable build-
ings, but nothing was done by them. In 1789 a bill passed one House of Congress in
favor of a location upon the banks of the Susquehanna. The present seat of govern-
ment (District of Columbia) was selected by virtue of acts passed in 1788–89 by Vir-
ginia and Maryland ceding ten miles square upon the Potomac under the name of
Connogocheague. The first session of Congress was held in the District November,
1800. ~ *
Washington City, in the District, is the political capital of the United States. It is
situated on the left bank of the Potomac River between two small tributaries—the one
on the east called the Eastern Branch and the one on the west called Rock Creek, the
latter separating it from Georgetown, which is also embraced within the limits of the
District of Columbia and under the direct control of Congress, as was the city of Alex-
andria at one time.
The seventeenth clause, eighth section, first article of the Constitution of the United
States says: .
“Congress shall have power to exercise exclusive legislation in all cases whatsoever
over such district (not exceeding ten miles square) as may, by cession of particular
States, and the acceptance of Congress, become the seat of the Government of the
United States,” &c. -
In pursuance of this provision the State of Maryland, on December 23, 1788, passed
“An act to cede to Congress a district of ten miles square in this State for the seat of
Government of the United States.”
And the State of Virginia, on December 3, 1789, passed “An act for the cession of
ten miles square, or any lesser quantity of territory within this State, to the United
States in Congress assembled for the permanent seat of the General Government.”
These cessions were accepted by Congress, as required by the Constitution, and the
permanent seat of government established by the “act for establishing the temporary
and permanent seat of the Government of the United States,” approved July 16, 1790,
and the act to amend the same, approved March 3, 1791.
The district of ten miles square was accordingly located, and its lines and bounda-
ries particularly established by a proclamation of George Washington, President of the
United States, on March 30, 1791, and by the “act concerning the District of Columbia,”
approved February 27, 1801, Congress assumed complete jurisdiction over the said
district, as contemplated by the framers of the Constitution.
The legislature of Virginia passed an act on February 3, 1846, providing for the ac-
ceptance by the State of Virginia of the county of Alexandria, in the District of
Columbia, whenever the same shall have been receded by Congress; and on July 9,
1846, an act was passed by Congress, entitled “An act to retrocede the county of Alex-
andria, in the District of Columbia, to the State of Virginia.”
The county of Alexandria, thus receded to the State of Virginia, comprised all that
portion of the original district of ten miles square which lies south of the Potomac
River, so that by the act of retrocession the District of Columbia was reduced to the
county of Washington, comprising all that part of the original district which lies
north of said river, and including within its limits the cities of Washington and George-
town.
Until 1871 the Government of the District of Columbia was of the ordinary muni-
cipal character, resting upon charters granted by Congress, from time to time, to the
cities of Washington and Georgetown. These charters continued in force until June
1, 1871, when they were repealed by an act of Congress, entitled “An act to provide
a government for the District of Columbia,” approved February 21, 1871. This act
created a territorial government for the District, vesting the executive power and
authority in a governor and secretary (appointed by the President by and with the
advice and consent of the Senate), and a legislative assembly, consisting of a council
and house of delegates; providing for the appointment of a board of public works;
and authorizing the election of a Delegate to represent the District in Congress.
464 - STATES AND TERRITORIES.
The Territorial government thus established was in its turn abolished by the pro-
visions of an act of Congress, entitled “An act for the government of the District of
Columbia, and for other purposes,” approved June 20, 1874. This act provided for the
appointment by the President, by and with the advice and consent of the Senate, of a
Board of Commissioners, three in number; that such board should “exercise all the
power and authority now lawfully vested in the governor and board of public works”
of the District of Columbia, with certain unimportant limitations; and limited th
representation in Congress to the term of the then incumbent. -
Since June 20, 1874, the Government of the District of Columbia has accordingly
been administered by a Board of Commissioners, appointed by the President, in pur-
suance of the act of Congress of that date.
DERIVATION OF NAMES OF THE THIRTEEN ORIGINAL STATES.
Delaware (after Lord de la War); Pennsylvania (Penn’s “Sylva”—woods); New
Jersey (after the Isle of Jersey); Georgia (after George II. of England); Connecticut
(Indian, Qunni-tuk-ut—Upon the long river); Massachusetts (Indian—About the great
hills); Maryland (after Henrietta Maria, Queen of Charles I. of England); South Car-
olina (after Charles I. of England); New Hampshire (after the county of Hampshire,
England); Virginia (in honor of Queen Elizabeth of England, Virgin Queen); New
York (after Duke of York—afterwards James II. of England); North Carolina (after
Charles I. of England); Rhode Island (after the Island of Rhodes).
FRONTIER AND COAST LINE of THE UNITED STATEs.
The United States has a frontier of about 10,000 miles; 3,500 of which is sea coast,
1,600 Gulf coast, and 1,500 lake coast, or, more distinctly, as follows:
Miles
Length of the Atlantic coast, from the mouth of the St. Croix to the St. Mary's River............ 1,450
Length of the Atlantic coast, from St. Mary's River to Cape of Florida -------------------------- 450
Length of Gulf coast from Cape of Florida to the mouth of the Sabine River ... --- - - - - - - - - - - - - - - - - 1,200
Length of Gulf coast acquired by annexation of Texas, from the Sabine to the Rio Grande ------- 400
Length of Pacific coast—in California, 970; in Oregon, 500; Straits of Juan de Fuca, 150---------. 1, 620
Total -------------------------------------------------------------------------------------- 5, 120
Leaving a land frontier line of about 4,880 miles.
POPULATION OF THE COLONIES.
In 1624 there was an immigration of 9,000; in 1649 the colonies numbered 15,000; in
1689 the colonies numbered 200,000; in 1715 the colonies numbered 434,000; in 1733
the colonies numbered 750,000; in 1776 population of the United States was 2,243,000.
POPULATION OF THE UNITED STATES.
The population of the United States in 1790 was 3,929,214; in 1800, 5,308,483; in
1810, 7,239,881; in 1820, 9,633,822; in 1830, 12,866,020; in 1840, 17,069,453; in 1850,
23,191,876; in 1860, 31,443,321; in 1870,38,900,898; in 1880, 50,155,783.
REFERENCES.
Bancroft's History of the United States.
Hilliard's History of the United States.
Congressional Annals Debates, Globe and Record, 1789 to 1880.
Charters and Constitutions. 2 vols. Ben: Pèrley Poore.
Constitution of the United States. Hickey; Alexander Cummings' Revision.
Journals of the Senate and House of Representatives of the United States, 1789 to
1880.
Statutes at Large United States. Little, Brown & Co.
Reports of Commissioner Indian Affairs to 1880.
Areas of political divisions of the United States. J. W. Stocking. Ninth Census.
Reports Supreme Court United States.
C EIA PTE R X X XIV.
TENURES IN THE AMERICAN coloniEs.
TO DECEMBER 1, 1883.
FoRM OF GOVERNMENT AND LAND TENURES IN THE AMERICAN COLONIES, WITH Ex-
AMPLES OF WARRANTS, MANNER OF LOCATION, AND METHODS OF SURVEYs.
At the period of the Revolutionary War, although the thirteen colonies were under
the sovereignty of Great Britain, many of their institutions and customs were of
their own selection and adoption. Distance from the home government, and differ-
ence in charters or grants and forms, aided independence.
There were three forms of colonial government: The provincial, the proprietary,
and the charter.
The provincial government had no fixed constitution, but was governed by commis-
sions created at pleasure by the King. A governor and council were appointed, who
were invested with general executive powers. They were authorized to call a general
assembly consisting of two houses (the assembly being the lower and the council the
upper house) of the representatives of the freeholders and planters of the province.
The governor had an absolute veto, and could prorogue and dissolve them. tº
The general assembly had power to make all local laws and ordinances for the gov-
ernment of the colony and its people not inconsistent with the laws of England.
At the beginning of 1776, New Hampshire, New York, Virginia, North Carolina, South
Carolina, and Georgia were provinces as above defined.
The proprietary governments were grants by patents for special territory to one or
more persons, from the Crown, giving them rights as proprietary or proprietaries over
the soil, with general powers of government, in the nature of feudatory principalities
or dependent royalties; subject, however, to control of the King.
The governors were appointed by the proprietary or proprietaries, and the legisla-
tures were organized and called at his or their pleasure. Executive authority was
performed by him or them or by the governor for the time being. -
Pennsylvania and Delaware, with William Penn as proprietary, and Maryland, with
Lord Baltimore as proprietary, were the three colonies with this form of government
at the beginning of 1776.
Charter governments were corporations (political) created by letters patent, which
gave to the grantees and their associates the soil within their territorial limits and
powers of legislative government. Their charters provided a fundamental constitu-
tion for them, dividing the powers of government into three functions or heads, viz,
legislative, executive, and judicial, and providing for the mode of exercising these
powers, vesting them in proper officials.
Massachusetts, Rhode Island and Providence Plantation, and Connecticut, were the
colonies possessing this form of government at the breaking out of the Revolutionary
War of 1776.
All the colonies enjoyed generally the same rights and privileges.”
* See Story on the Constitution.
465
30 L O—WOL III
466. LANDS IN THE COLONIES.
RETROSPECT OF LAWS OF THE COLONIES AS TO LANDS.
The colonial legislatures, with the restrictions necessarily arising from their depend-
ency on Great Britain, were sovereign within the limits of their respective territories.
But there was this difference among them: that in Maryland, Connecticut, and Rhode
Island the laws were not required to be sent to the King for his approval, whereas
in all the other colonies the King possessed the power of abrogating them, and they
were not final until they had passed under his review. In respect to the mode of en-
acting laws there were some differences in the organization of the colonial govern-
ments. In Connecticut and Rhode Island the governor had no negative upon the
laws; in Pennsylvania the council had no negative, but was merely advisory to the
executive; in Massachusetts the council was chosen by the legislature, and not by the
Crown, but the governor had a negative on the choice.
In all the colonies the lands within their limits were, by the very terms of their
original grants and charters, to be holden of the Crown in free and common socage,
and not in capite, or by knight's service. They were all holden either as of the manor of
East Greenwich, in Kent, or of the castle of Windsor, in Berkshire. All the slavish and
military part of the ancient feudal tenures was thus effectually prevented from taking
root in the American soil, and the colonists escaped from the oppressive burdens which
for a long time affected the parent country and were not abolished until after the res-
toration of Charles II. Our tenures thus acquired a universal simplicity, and it is
believed that none but freehold tenures in socage were ever in use among us. No
traces are to be found of copyhold or gavelkind or burgage tenures. In short, for
most purposes our lands may be deemed to be perfectly allodial, or held of no superior
at all, though many of the distinctions of the feudal law have necessarily insinuated
themselves into the modes of acquiring, transferring, and transmitting real estates.
One of the most remarkable circumstances in our colonial history is the almost total
absence of leasehold estates. The erection of manors, with all their attendant privi-
leges, was indeed provided for in some of the charters. But it was so little congenial
with the feelings, the wants, or the interests of the people, that after their erection
they gradually fell into desuetude, and the few remaining in our day are but shadows
of the past, the relics of faded grandeur in the last steps of decay, enjoying no privi-
leges and conferring no power.
In fact, partly from the cheapness of land and partly from an innate love of inde-
pendence, few agricultural estates in the whole country have at any time been held on
lease for a stipulated rent. The tenants and occupiers are almost universally the pro-
prietors of the soil in fee simple.
The estates of a more limited duration are principally those arising from the acts
of the law, such as estates in dower and in courtesy. Strictly speaking, therefore,
there has never been in this country a dependent peasantry. The yeomanry are abso-
lute owners of the soil on which they tread, and their character has, from this circum-
stance, been marked by a more jealous watchfulness of their rights, and by a more
steady spirit of resistance against every encroachment, than can be found among any
other people whose habits and pursuits are less homogeneous and independent, less
influenced by personal choice and more controlled by political circumstances.
Connected with this state of things, and, indeed, as a natural consequence flowing
from it, is the simplicity of the system of conveyances by which the titles to estates
are passed and the notoriety of the transfers made.
From a very early period of their settlement the colonists adopted an almost uniform
mode of conveyance of land at once simple and practical and safe. The differences
are so slight that they become almost evanescent. All lands were conveyed by a deed
commonly in the form of a feoffment or a bargain and sale, or a lease and release, at-
tested by one or more witnesses, acknowledged or proved before some court or mag-
istrate, and then registered in some public registry. When so executed, acknowledged,
and recorded, it has full effect to convey the estate without any livery of seizin, or
any other act or ceremony whatsoever. This mode of conveyance prevailed, if not in all,
in nearly all the colonies from a very early period, and it has now become absolutely
universal. It is hardly possible to measure the beneficial influences upon our titles
arising from this source, in point of security, facility of transfer, and marketable
value.-(Story on the Constitution, volume 1.)
SURVEYS, PRICE OF LANDS, AND GRANTS IN THE COLONIES.
The land systems of the several colonies were the germs and basis of the land sys-
tem of the United States. The Congresses of the early period of the Confederation
and Union were composed of members from the various colonies or States who were
familiar with the systems therein. From their varied experiences the most practical
method was reached for the disposition of the public domain.
LANDS IN THE COLONIES. 467
In all the colonies there prevailed a system of irregular allotment or sale and sur-
vey of tracts of land. This system produced confusion and litigation. The adoption
of the rectangular system of surveys of the public domain grew out of the knowledge
of the disputes occasioned by the crude methods which had theretofore prevailed.
In all the colonies lands were cheap, and the actual occupant or settler was pre-
ferred and protected.
In the New England colonies, Crown lands rated at from sixty cents to $1 per acre.
In New York and New Jersey, Crown or grant lands were very cheap, ranging from
6fty cents to $1 per acre; and grants of large tracts were freely made. The great
Patroon grants in New York, along the Hudson River, are evidences of personal land
liberality hardly equaled in latter days.
In Maine, charter lands were from fifty cents upward per acre.
In the proprietary colonies, lands were very cheap, and quit rents were of small
amount.
In Pennsylvania, lands ranged from sixty cents upward per acre. Quit rents were
inserted in the deeds.
In Delaware, under the proprietary, and prior to this under the Swedes and Dutch,
lands were allotted in irregular tracts for settlement. The prices of proprietary lands
in Delaware did not vary much from those in Pennsylvania.
Pennsylvania, by reason of her liberal laws and inducements to colonists, was one of
the most popular and prosperous of all the colonies up to the time of the Revolution.
In Virginia, charter and Crown lands were held at from sixty cents per acre and
upward; and after 1610, were sold to colonists in tracts of one hundred acres and up-
ward at $60 per one hundred acres.
Every immigrant, or person who sent an immigrant, received an allowance of one hun-
dred acres of land, and one hundred acres additional when the first allowance had been
actually occupied and cultivated. This was afterward reduced to fifty-acre lots, the
second lot being made assignable at pleasure. After 1619, female immigrants were
allowed the same privileges as males. . º
In the Carolinas, prior to the separation, charter and grant lands were held at nom-
inal rates, actual settlement being the principal consideration.
Lands were granted and located in irregular tracts. Under the John Locke “Grand
Model,” or “fundamental constitution,” lands were granted to such male persons over
seventeen years of age, as had first declared themselves and been recorded as members
of some church or religious profession.
Lands were granted in tracts of 10,000 acres for each one hundred planters.
According to the “Grand Model,” the vast territory of Carolina, embracing the
present States of North and South Carolina, Georgia, Tennessee, Alabama, and Missis-
sippi, was to be divided into counties, each containing 480,000 acres. For each county
a landgrave, and two caciques or barons, were to be created, who were to possess one-
fifth of the land as inalienable property. Another fifth was to belong to the proprie-
taries, and the remaining three-fifths were reserved for the colonists, and might be
held by lords of manors, with peculiar privileges. These landgraves and caciques
were an hereditary nobility, and, together with the deputies of the proprietaries and
the representatives chosen by freemen, were to constitute the parliament of the prov-
ince, which was to assemble biennially. No man was eligible to any office unless he
possessed property in land, and every freeman was allowed to possess absolute author-
ity over his negro slaves, who had been early introduced and found necessary to till
the soil. A man was required to own fifty acres in order to possess the elective fran-
chise, and five hundred acres before he was eligible to parliament. Those who were
merely tenants of the land were subject to perpetual degradation, “adscript to the
soil,” “under the jurisdiction of their lord, without appeal,” “leet men or tenants to
all generations.”
All executive power, and even judicial, in the last resort, was vested in the proprie-
taries themselves, the oldest of whom received the title of Palatine, and presided in
468 LAND SYSTEM OF COLONY OF PENNSYLVANIA.
their meetings. Each proprietary was chief of a subordinate court. A complicated
series of perplexing regulations enforced the duties and limited the rights of the free-
holder. The Church of England became the established religion. This constitution
Was Soon abandoned.
After the separation, lands were granted by the Crown authorities for plantations
and settlements at from forty cents to $1 per acre.
The oldest land title in North Carolina is a grant from the king of the Yeokim Indi-
ans to George Durant for the neck that bears his name in Perquimans County, North
Carolina, on the north side of Albemarle Sound.
The trustees of Georgia allowed immigrants fifty acres of land each. No grant could
be made for more than five hundred acres to any individual. Women could not inherit
lands, which were granted in tail male. In default of male heirs estates reverted to
the trustees.
After 1733, eleven townships of 20,000 acres each were laid out on the Savannah,
Altamaha, and Santee rivers for immigrants, who were given lots of fifty acres each.
The trustees paid to the Crown four shillings (about $1) for every one hundred acres
thus disposed of.
LAND LAWS AND SYSTEM OF THE COLONY OF PENN SYLVANIA.
The Congress of the United States, during the periods of forming the government
of the Confederation and afterward, sat principally at Philadelphia, Pa. The land
system of the colony of Pennsylvania was perhaps the best organized and systema-
tized of any of the colonies. Its records were at hand and were no doubt frequently
referred to before the ordinance to provide for the sale of western territory was for-
mulated. Penn's idea of surveying, set out in the warrants of survey, was to have the
survey of purchased tracts made within certain townships, containing five and ten
thousand acres of land. This form of township may have had some influence in the
adoption of the square form of survey of townships now the mode in the rectangu-
lar system. The irregular and uncertain marking upon the ground, consequent upon
surveying irregular tracts of land, and the prevalence of litigation in the colonies aris-
ing from removals of stones, and decay or felling of trees used as markings, were known
to the various delegates in the Continental Congress and aided in the adoption of a
uniform method of surveying and marking lands in the public domain.
PENN’S AUTHORITY OVER THE SOIL OF THE COLONY.
[Extract from the charter for the province of Pennsylvania, March 4, 1681.J
Wee do also give and grant unto the said William Penn, his heires and assignes, the
free and undisturbed use and continuance in and passage into and out of all and sin-
gular ports, harbours, bays, waters, rivers, isles and inletts belonging unto or leading
to and from the countrey or islands aforesaid; and all the soyle, lands, fields, woods,
underwoods, mountains, hills, fenns, isles, lakes, rivers, waters, rivuletts, bays and
inletts, scituate or being within or belonging unto the limitts and bounds aforesaid,
togeather with the fishing of all sorts of fish, whales, sturgeons and all royall and
other fishes, in the sea, bayes, inletts, waters or rivers within the premisses and the
fish therein taken; and also all veins, mines and quarries, as well discovered as not
discovered, of gold, silver, gemms, and pretious stones, and all other whatsoever, be
it stones, mettals, or of any other thing or matter whatsoever, found or to bee found
within the countrey, isles or limitts aforesaid. And him, the said William Penn, his heires
or assignes, wee doe by this our royal charter for us, our heires and successors, make,
create, and constitute the true and absolute proprietarie of the countrey aforesaid
and of all other the premisses, saving alwayes to us, our heires and successors, the
faith and allegience of the said William Penn, his heires and assignes, and of all other
proprietaries, tenants and inhabitants that are or shall be within the territories and
precincts aforesaid; and saving also unto us, our heires and successors the sovereignty
of the aforesaid countrey, to have, hold, possess and enjoy the said tract of land, coun-
trey, isles, inletts and other premisses unto the said William Penn, his heires and
assignes, to the only proper use and behoofe of the said William Penn, his heires and
assignes forever, to be holden of us, our heirs and successors, Kings of England, as
of our castle of Windsor in our county of Berks, in free and common socage, by fealty
only for all services and not in capite or by knight's service, yealding and paying there-
for to us, our heires and successors, two beaver skins, to bee delivered at our the said
LAND SYSTEM OF COLONY OF PENNSYLVANIA. 469
castle of Windsor on the first day of January in every year and also the fifth part of
all gold and silver oare which shall from time to time happen to bee found within
the limitts aforesaid cleare of all charges.
And by the seventeenth section of the charter, William Penn, his heirs and assigns
Were—
Empowered to assign, alien, grant, demise, or enfeoff of the premises so many and
such parts and parcels to him or them that shall be willing to purchase the same as
they shall see fit, to have and to hold them, the said person or persons willing to take
and purchase their heirs or assigns, in fee simple or fee tail, or for the term of life
lives, or years, to be held of the said William Penn, his heirs or assigns, as of the said
seigniory of Windsor, by such services, customs, or rents as shall seem meet to the said
William Penn, his heirs and assigns, and not immediately of us, our heirs or succes-
sors, the statute made in the Parliament of Edward, the son of King Henry, late king
of England, our predecessor (commonly called the statuto of quia emptores terrarum)
lately published in our kingdom of England, in anywise not withstanding.
And further, by section nineteen, license was granted unto Penn and his heirs, and like-
wise to all and every such person or persons to whom the said Penn or his heirs shall at
any time hereafter grant any estate or inheritance as aforesaid, to erect any parcels
of land within the province aforesaid into manors, by and with the license to be first
had and obtained for that purpose under the hand and seal of the said William Penn
or his heirs; and in every of the said manors to have and to hold a court baron, with
all things whatsoever which to a court baron do belong. And that every such person
or persons who shall erect any such manor or manors aforesaid shall or may grant all
or any part of his said land to any person or persons in fee simple or any other estate
respectively, so as no further tenure shall be created, but that upon all further or other
alienation thereafter to be made the said lands so aliened shall be held of the same
landlord or his heirs.
Thus, by express provisions, the province was a feudal seigniory, of which Penn and
his heirs were the lords proprietaries with the power of subinfeudation in fee, which
had been taken away in England by the statute of quia emptores. The king was the
lord paramount, the proprietary the mesne, and his grantees tenants par avail.
THE LAND SYSTEM OF PENNSYIVANIA—METHOD OF GRANTING LANDS.
The proprietaries of Pennsylvania were authorized by the charter to convey and re-
ceive lands in fee. From the arrival of Penn to 1776 the proprietaries granted in person
or through agents. William Markham, April 10, 1681, was authorized by Penn “to
survey, set out, and sell lands.” Markham issued warrants in pursuance of this au-
thority. Penn while in Pennsylvania at various times signed warrants and patents
in person; while absent he lodged this power in commissions of from three to four per-
sons, called commissioners of property, who superintended the granting of lands within
the province and signed warrants and patents therefor.
These several commissioners occupied a land office. The land officers consisted of the
persons who were in any wise connected with the disposition of lands in the province.
The several divisions were in charge of the secretary of the land office, the surveyor
and receiver general. The commissioners of property were ex-officio members. All
the officials were appointed by the proprietaries. Prior to about 1740, land warrants
bore the seal of the province. After that period they have the seal of the land office.
The board of property was an important branch of the land service in the province.
It consisted of all the officers of the land office, and had jurisdiction over all disputes
concerning original land titles. It was not a court, nor were their decisions binding
upon the judiciary. They were experts well versed in land laws. The system was
continued in many features by the State after 1776.
Penn’s first deeds of conveyance of lands in Pennsylvania were by deeds of lease and
release, and were executed in England. “They conveyed acres of land to be
allotted and set out in such place or parts of the said tract, and at such time or times,
and in such manner as by certain conditions and concessions are limited and appointed.”
These deeds reserved quit-rents and contained covenants by Penn agreeing to extinguish
470 LAND SYSTEM OF COLONY OF PENNSYLVANIA.
the Indian title. The purchasers were to record their deeds within six months after
the establishment of a rolls-office in the province.
Thomas Holmes was the first surveyor-general. He laid out tracts for the first set-
tlers. They were irregular in form and marked by natural objects. First settlers
applied in writing to the proprietary or commissioners of property, who thereupon
issued a warrant to the surveyor-general in form running as follows:
PROPRIETARY WARRANT, PENNSYLVANIA.
PENNSYLVANIA, 88 :
By the Proprietaries:
[SEAL.] Whereas William Davison, of the county of Cumberland, hath requested
that we would grant him to take up two hundred acres of land, including his dwelling
plantation, late Richard Venable's, adjoining William Wilson & Henry Dinsmore, in
Pennsboro Township, in the said county of Cumberland, for which he agrees to pay to
our use fifteen pounds ten shillings, current money of this province, for each hundred
acres, with lawful interest for the same, and the yearly quit-rent of one halfpenny ster-
ling for every acre thereof, both to commence from the time of settlement. T These are
therefore to authorize and require you to survey, or cause to be surveyed, unto the said
William Davison, at the place aforesaid, according to the method of townships ap-
pointed and the said quantity of acres, if not already surveyed or appropriated ;
and make return thereof into the secretary’s office, in order for further confirmation ;
for which this shall be your sufficient warrant : which survey, in case the said William
Davison fulfil the above agreement within six months from the date hereof, shall be
valid; otherwise void. -
Given under my hand and seal of the land office by virtue of certain powers from
the said proprietaries, at Philadelphia, this twenty-seventh day of July, anno Domini
one thousand seven hundred and fifty-one.
- JAMES HAMILTON.
To NICHOLAs SCULL,
Surveyor-General.
Persons who desired to purchase lands applied in writing to the land office, giving
data as to acres and location desired. This was entered upon the records of the com-
missioners of property; a warrant was then issued. This warrant (above given) was
an order to the surveyor-general to lay out land to the person named and make return
of the same to the secretary of the land office. Before the mortgage to Gouldney and
others to secure £6,600 borrowed moneys in 1708, the stipulation of payment was to
William Penn or his heirs; after that time, to pay to the use of William Penn. After
Penn's death and during the minority of his children by his second wife, payment was
to be made to the proprietaries' trustees. These warrants were of several characters,
classified as–
1. Descriptive warrants, wherein the marks or boundaries of the land to be surveyed
were laid down with certainty, either precise or to a common intent. In these instances
the title commenced from the date of the warrant, provided it was followed up with
reasonable attention. But if a warrantee did not settlé upon the land and occupy it,
or abandoned his claim and failed to procure a survey or a proper return thereof within a
reasonable time, he was liable to be postponed to a subsequent and more diligent claim-
ant, without notice. *
2. Indescriptive or vague warrants, which did not describe the plat to be surveyed
with accuracy, and which might therefore be laid out on any portion of a larger tract
of country. The title in these instances dated only from the survey, and, as in the case
of descriptive warrants, laches in occupying the land or in having a return of survey
made might postpone the negligent warrantee. -
3. Shifted warrants, where the lands actually surveyed were different from those
described in the warrant. These gave a good title as against all warrantees having
notice of them, and when once returned into the surveyor-general's office, and there
accepted, were binding as against all claimants under warrants issued subsequent to
that return.
4. Vacating warrants, which recited a former warrant, whose terms had not been
complied with, and which had therefore become void, and directed a laying out of the
same plat for some new claimant. These were sometimes also called special warrants
LAND SYSTEM OF COLONY OF PENNSYLVANIA. 47 fº
5. Warrants of resurvey. The ignorance or haste of the early surveyors of this,
province, together with the great difficulties of the ground, led to the commission of
many errors in the original survey of lands. It became, therefore, the custom to issue
warrants of resurvey, either at the instigation of the land officers or of a purchaser who,
suspected that he had obtained less than the amount of land to which he was originally.
entitled by the requirements of his original warrant. -
After July 4, 1776, the Commonwealth of Pennsylvania, as successor to the proprie-
tary, issued warrants for vacant lands, as follows: -
The vesting act of November 27, 1779, “An act for vesting the estates of the late pro-
prietaries of Pennsylvania in this commonwealth,” confirmed the State as proprietary.
STATE WARRANT FOR LANDS.
THE COMMONWEALTH OF PENNSYLVANIA, 88:
Whereas Daniel Leet, of the county of ——, hath requested to take up fifty acres
[L. S.] of land on the south side of the Ohio River, joining Austin's settlement, sold
‘ ‘’” to s'd Leet at public auction for tax in the county of Washington (provided
the land is not within the last purchase made of the Indians), for which he agrees
to pay immediately into the office of the receiver-general for the use of this State at
the rate of 10 pounds per hundred acres in gold, silver, paper money of this State, or
certificates agreeable to an act of assembly passed the first day of April, 1784, interest
to commence from the date hereof. These are therefore to authorize and require you
to survey or cause to be surveyed unto the said Daniel Leet, at the place aforesaid, ac-
cording to the method of townships appointed, the said quantity of acres, if not al-
ready surveyed or appropriated, and to make return thereof in the secretary’s office,
in order for confirmation, for which this shall be your warrant.
In witness whereof, his excell’y, Benja. Franklin, esq’r, president of the supreme
executive council, hath hereunto set his hand and caused the less seal of the said
Commonwealth to be affixed, the twenty-fifth day of October, in the year 1787. s
To JoHN LUKENs, Esq’r, Surveyer-General.
SURVEY OF LANDS GRANTED.
These warrants were assignable. - 40
Warrants, first original, afterwards copies, were sent by the survey&r-general, who
received them from the secretary of the land office, to a deputy Surveyor, who per-
formed the actual work. The purchaser and the deputy went upon the ground and the
outlines of the land desired were fairly and visibly marked.
The purchaser paid the deputy surveyor's fees, who then returned the record of the
same to the surveyor-general's office. A survey duly returned and accepted bound
the owner of the tract to the actual limits.
The claim for the purchase money was a lien upon the land until paid, and no patent,
would issue until final payment was made. t
Patent was issued by the secretary of the land office, containing a quit-rent clause,
upon certificate from the surveyor-general, giving details as to quantity and survey.
The patent was signed and sealed by the proper commissioners, and upon payment
of fees to the receiver-general was delivered to the claimant, -
These patents could be afterwards attacked in court as to validity of their title to
the land patented.
An attempt was made in the earliest days of the province to subdivide it into town-
ships of five or ten thousand acres each, and the surveys ordered by the warrants for
a long time contained the clause “according to the methods of townships appointed
by the proprietaries.”
This, however, was soon abandoned, and irregular tracts were surveyed.
The influence of these various forms of warrants, equities and rights of settlers, lo-
cations and methods of location, manner of selling, and disposing of proprietary lands
in this colony, can be seen in the present system of disposition of the public domain of
the United States." -
472 LAND SYSTEM OF COLONY OF PENNSYLVANIA.
DEPUTY SURVEYoR's RETURN TO A WARRANT.
The following is a diagram as returned to the surveyor-general of the province of a
deputy surveyor's return to a warrant, after location and survey, showing the usual
method of marking upon the ground:
WACANT
Hºlºp.
E 114 84.
UV5 VAGF HILLS
Courses and distances on the creek.
Surveyed to John Salter, on the 22d May, 1776, the above-described tract of three
hundred & twenty-seven acres & allowance of six p. ct, situate on both sides of
Crooked Creek, about half a mile above land granted to William Sykes, in West-
moreland County, by war’t of the 14th day of February, 1776.
JOHN LUKENS, Esq.R., S. Gen’l.
JOSHUA ELDER, D. S. .
In testimony that the above is a true copy of the original remaining in my office, I
have hereunto set my hand & seal of office, at Lancaster, this 21st day of April, 1800.
ISEAL] DANIEL BROADHEAD, S. G.
The State of Pennsylvania after 1776 reorganized the land office, and the president
of the supreme executive council issued the warrant. The price of land was reduced
#15 108, per hundred acres, in current money of the province, and a half-penny ster-
ling yearly; quit rent per acre to £10 per hundred acres, in gold, silver, paper money
of this State; or certificates of the stock. * -*
The quit-rent clause was dropped after 1776. -
In 1765 lands were sold at £5 per hundred acres and one penny sterling per acre quit
rent. In 1732 was devised the scheme for a lottery of lands. One hundred thousand
acres were set aside for this—£15 108, current money for one hundred acres, amounting
to £15,500. The tickets were issued at forty shillings each, and in sufficient numbers

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LOCATION OF A WARRANT IN VIRGINIA. 473
to make the gross sum. The prizes were five lots from twenty-five acres to three thou-
sand acres in area. Certain stipulationswere made as to where the grants should be lo-
cated. The lottery was never filled. Still, purchasers of tickets used them for loca-
tion, and they became in many instances the primary titles to lands. These lottery
tickets contained a quit-rent clause of one shilling per acre, with a reservation of one-
fifth of all gold and silver, deliverable at the pit's mouth.
William Penn, of his motion, made grants with peculiar rentals and considerations.
He gave to Andrew Hamilton a grant—
in consideration of sundry good services by him done to our family, two several pieces
of land, part of our manor of Springettsburg, in the County of Philadelphia, to be
holden of us, our heirs and successors, proprietaries of Pennsylvania, * * * yeald-
ing and paying therefor, yearly, to us, our beins and successors, at the city of Phila-
delphia, at or upon the first day of March in every year from the survey thereof, one
beaver skin to such person or persons as shall from time to time be appointed to re-
ceive the same. - - .
He granted the city of Philadelphia a potter's field—now Washington Square—on
payment of one ear of corn; and the land upon which the city of Easton now stands
on payment of a red rose (as of the manor of Northampton) to the head of the family
at Christmas.
For much curious learning and exact information relating to lands under the colo-
nial proprietaryship see Sergeant's “Land Laws of Pennsylvania;” “Law of Ground
Rents in Pennsylvania,” by Richard M. Cadwalader, and “Land Titles in Philadel-
phia,” by Lawrence Lewis, jr.
LOCATION OF A GRANT IN vLRGINIA UNDER THE KING's PROCLAMATION OF 1763.
The following survey of a grant of land in Virginia, with a form of deed usual at
that date, is herewith given. It was a land bounty for military services. The plat of
survey and location returned by the deputy surveyor shows the manner of marking
upon the ground and location of a warrant.
Land on Salt Lick Creek emptying into the Ohio River in Virginia.
[See diagram of method of location facing this page.]
In pursuance of His Majestie's proclamation of 1763, on the 24th day of July, 1773,
for Edward Biddle, esq’r, who was a captain & quartermaster in the Pennsylv’ā
regiment, the above-described tract of land, situate on the waters of Salt Lick Creek,
the waters of the Ohio, in the Colony of Virginia, containing five thousand one hun.
dred & twenty acres.
F. W.M. THOMPSON.
Deed of conveyance.
To all persons to whom these presents shall come :
Edward Biddle, of Reading, in the county of Berks, the person above named, sends
greeting. Know ye that the said Edward Biddle, for and in consideration of one
hundred pounds, lawful money of Pennsylv’a, to him in hand paid by the Rever’nd
Thomas Barton, hath granted, bargained, and sold, and by these presents he, the said
Edward Biddle, doth grant, bargain, and sell all his, the said Edward Biddle, right,
title, claim, interest, and demand of, in, and to the said tract of five thousand one hun-
dred and twenty acres as the same is laid down and before described. To have and
to hold all his, the said Edward Biddle's, estate, right, and title of, in, and to the
same unto the said Thomas Barton, his heirs, and assigns forever.
In witness whereof the said Edward Biddle hath hereunto set his hand & seal the
24th November, anno Domini 1773.
EDWD. BIDDLE. [SIAL.]
Sealed and delivered in the presence of us:
JAMES SMITH,
ROBERT McKENZ). F.
The foregoing is a true copy of the original draught & certificate from William
..º. & grant thereunder, written from Edward Biddle to me, now remaining in
my hands.
Witness my hand the 17th December, 1773.
THO. BARTON.
474 PROPRIETARY GRANTS IN MARYLAND.
ForMs of WARRANTS FOR LANDS IN MARYLAND.
The two following examples of warrants for lands in Maryland under the proprietary
are given. The charter of Maryland to Lord Baltimore and his heirs in succession, for
the province of Maryland, and by which they became lords proprietary, was in con-
sideration of the province being held of the Crown of England; the proprietary for-
ever rendering annually to the Crown “two Indian arrows for the same.”
A grant of date September 30, 1724, by Benedict Leonard Calvert, Lord Proprietary.
MARYLAND, 8’t :
Charles, absolute lord and proprietary of the provinces of Maryland, and Avalon, iord
baron of Baltimore, &c., to all persons to whom these presents shall come, greeting in
our Lord God Everlasting:
Know yethat for and in consideration that Arthur Nelson, of Prince George's County,
in our said province of Maryland, hath due unto him three hundred and fifty-six acres
of land within our said province by virtue of a warrant for that quantity granted him
the twentieth day of August, seventeen hundred and twenty-four, as appears in our land
office, and upon such conditions & termes as are expressed in our conditions of planta-
tion of our said province, bearing date the fifth day of Aprill, sixteen hundred & eighty-
four, and remaining upon recordin our said province, together with such alterations as
in them is made by our further conditions bearing date the fourth day of December, six-
teen hundred and ninety-six, together also with the alterations made by our instructions
bearing date at London the twelfth day of September, seventeen hundred & twelve, and
registered in our land office of our said province: We do therefore hereby grant unto
him, the said Arthur Nelson, all that tract of land called Nelson's Island, lying in Prince
George's County, beginning at a bounded ash standing on the north side of Coynoy
. Island, in Potomock River, above Monococy, & running thence south thirty-seven
degrs., east sixty p’ches; then South twenty degrs., east twenty ps.; then south forty
degrs., east sixty pehes; then south thirty-two degrs., east twenty pehes.; then southeast :
sixty-four perches; then north sixty-nine & a half degrs., west one hundred and one
perches; then north seventy-five degrs., west fifty perches; then north sixty-seven degrs.,
west sixty perches; then north sixty degrs., west forty ps. ; then northforty-eight degrs.,
west fifty-one perches; then north thirty-four degrs., west thirty-two ps. ; then north
twenty-seven degrs., west twenty ps. ; then north fourteen degrs., west fourteen pches.;
then north twenty-three degrs., west eighteen p'ches; then north eighteen p’ches; then
north eighty degrs.; east fourteen ps. ; then east thirty-two ps. ; then south seventy-
three degrs., east sixty p’ches; then south sixty-six degrs., east sixty-six ps. ; then north
forty-nine degrs. east forty-eight p’ches; then north forty-two degrs. west twenty-one
p'ches; then north sixty-two degrs. west ten p'ches; then north fifty-five degrees
west twenty p’ches; then north sev’ty degrs west sixty p’ches; then north seventy-
eight degrs. west twenty-four p’ches; then north seventy degrees west fifty p’ches; then
north sixty-three degrs. west seventy-one p’ches; then north fifty-three degrees east
forty-two perches; then east thirty-four perches; then south seventy degrees east
eighty perches; then north twenty-five degrees east forty perches; then south seventy-
seven degrees east fifty perches; then north thirty-seven degrees east one hundred and
thirty perches; then south twenty-five degrees east one hundred fifty-six perches; then
south seventy degrees west one hundred twenty-two perches; then south thirty-three
degrs. east fifty perches; then with a straight line to the beginning tree, containing
and now laid out for three hundred fifty-six acres of land more or less, according to
the certificate of survey thereof taken & returned into our land office, bearing date
the eighteenth day of February, seventeen hundred and twenty-four, & there re-
maining, together with all rights, profits, benefits, and priviledges thereanto belonging
(royall mines excepted), to have and to hold the same unto him the said Arthur Nel-
son, his heirs and assigns forever, to be holden of us and of our heirs as of our man-
nor of Calverton in free and common soccage by fealty only for all manner of
services yeilding & paying therefore yearly unto us and our heirs at our receipt at
the city of S., maried at the two most usuall feasts in the year, viz: the feast of the
annunciation of the Blessed Virgin Mary and S. Michaell, the archangell by even
and equall portions the rent of fourteen shillings and three pence sterling in silver
or gold ; and for a fine upon every alienation of the said land or any part or parcell
thereof one whole year's rent in silver or gold or the full value thereof in such
commodities as we and our heirs or such officer or officers as shall be appointed by
us and our heirs from time to time to collect & receive the same shall accept in dis-
charge thereof at the choice of us & our heirs or such officer or officers afores'd : Pro-
PROPRIETARY GRANTS IN MARYLAND. 475
ºided, that if the said sum for a fine for alienation shall not be paid unto us & our
heirs or such officer or officers afores'd before such alienation and the s'd alienation.
entered upon record either in the prov'll court or county court where the same par-
cell of land lyeth, within one month next after such alienation, then the said aliena-
tion shall be void and of no effect. Given under our great seal at armes this thir-
teenth day of September, seventeen hundred and twenty-eight.
Witness our Dear Brother Benedict Leonard Calvert, esq., governor and commander-
in-chief in and over our said province of Maryland, chancellour and keeper of the
great seale thereof.
BEN’DT LEON’D CALVERT, [HAND..]
(Heavy wax seal attached by tape.) *
(Endorsed.)
PRINCE GEORGE'S COUNTY.
Mr. Arthur Nelson, 356 acres of land.
Passed Nelson's Ísland.
Recorded in the land records of Maryland, Lib. P. L. N. No. 7, page 450.
Examined.
J. LAWSON, Ea’r.
The following is a warrant issued in Maryland, in 1761, by Horatio Sharpe, lieuten-
ant-general and chief governor of the province of Maryland:
MARYLAND, 88 :
FREDERICK, absolute lord and proprietary of the provinces of Maryland and Avalon,
lord baron of Baltimore, &c, to all persons to whom these presents shall come greeting
in our Lord GOD everlasting -
KNow YE, that for and in consideration that Arthur Nelson of Frederick County in
our said province of Maryland hath due unto him thirty acres of land within our said
province by virtue of a warrant for that quantity granted him by renewment the
twenty-second day of September, seventeen hundred and sixty-one, as appears in our
land office, and upon such conditions and terms as are expressed in our conditions of plan-
tation of our said province, bearing date the fifth day of April, sixteen hundred and
eighty-four, and remaining upon record in our said province; together with such alter-
ations as in them are made by our further conditions bearing date the fourth day of
December, sixteen hundred and ninety-six; together also with the alterations made by
our instructions bearing date at London, the twelfth day of September, seventeen hun-
dred and twelve, and registered in our secretary’s office of our said province; together
with a paragraph of our instructions bearing date at London, the fifteenth day of De-
cember, seventeen hundred and thirty-eight, and registered in our land office. WE DO.
therefore hereby grant unto him the said Arthur Nelson all that tract or parcell of land
called the Point of Rocks, lying in the aforesaid county, beginning at the end of the
twenty-eighth line of a tract of land called Nelson's Island, the line being north fifty-
three degrees east, running thence north eighty-six degrees west eighteen perches;
north fifty-two degrees west twenty-four perches; south sixty-nine degrees east eight-
een perches; north seventy-five and an half degrees east twenty-two perches; north
thirty degrees east fifty-four perches; north eight degrees east eighteen perches; north
seventy-eight degrees east twenty perches; south fifty-three degrees east seventy-seven
perches, then by a straight line to the beginning, containing and now laid out for thirty
acres of land, according to the certificate of survey thereof, taken and returned into.
our land office, bearing date the seventh day of October, seventeen hundred and sixty-
one, and there remaining, together with all rights, profits, benefits, and privileges,
thereunto belonging, royal mines excepted, TO HAVE AND TO HOLD the same, unto him
the said Arthur Nelson, his heirs and assigns, foreyer, to be holden of us and our heirs,
as of our manor of Conegocheege infree and common soccage, by fealty only for all man-
ner of services, YIELDING AND PAYING therefore, yearly, unto us, and our heirs, at our
receipt at our city of St. Mary's at two most usual feasts in the year, viz., the feast of
the annunciation of the Blessed Virgin Mary and St. Michael, the archangel, by even
and equal portions, the rent of one shilling and two pence half-penny sterling, in sil-
ver or gold; and for a fine upon every alienation of the said land, or any part or par-
cel thereof, one whole year's rent, in silver or gold, or the full value thereof, in such
commodities as we and our heirs, or such officer or officers as shall be appointed by us.
and our heirs from time to time, to collect and receive the same, shall.accept in dis-
charge thereof, at the choice of us and our heirs, or such officer or officers aforesaid:
PROVIDED, that if the said sum for a fine for alienation shall not be paid unto us and
our heirs, or such officer or officers aforesaid, before such alienation, and the said alien-
ation entered upon record, either in the provincial court, or county court, where the
476 PROPRIETARY GRANTS IN MARYLAND.
same parcel of land lieth, within one month next after such alienation, then the said
alienation shall be void and of no affect. GIVEN under our great seal of our said
:::::: of Maryland, this seventh day of October, anno Domini seventeen hundred
and sixty-one.
WITNESS our trusty and well-beloved HoRATIO SHARPE, Esq., lieutenant-general
and chief governor of our said province of Maryland, and chancellor and keeper of the
great seal thereof. -
§: wax seal attached by tape.) HORO. SHARPE.
Endorsed:)
Mr. Arthur Nelson's patent 30 acres.
The Point of Rocks. .
Recorded in records of lands, S. No. 15, pg. 597. g
- WM. STEWART, Rd.
C EIA P T E R X X X W .
METHODS OF SURVEY AND DISPOSITION OF PUBLIC OR GROWN
LANDS IN CANADA, AUSTRALIA, BRAZIL, AND MEXICO.
TO DECEMBER 1, 1883.
Q
The following several sections will show the methods of survey and disposition of
public or Crown domain in the several countries named:
TEHE DOMINION OF CAN AIDA.
Area, 3,483,952 square miles, or 2,229,729,280 acres.
The commissioner of lands of the Dominion of Canada, Lindsey Russell, esq., is ap-
pointed by and subject to the minister of the interior, and resides at Ottawa.
The Crown domains of the several provinces are disposed of under special laws, but
the vast area of Dominion lands (corresponding with the public domain of the United
States) is disposed of under the provisions of the statute known as the 42d Victoria,
May 15, 1879.
Agents, known as agents of Dominion lands, are appointed in the several Territories,
viz, Manitoba, Kerwatin, and Northwest Territories. These agents give notice, by
publication, of the filing of maps of survey and that the lands are open to cash sale
or settlement.
Surveyed townships are grouped into “districts,” which are numbered from No. 1.
These districts each have an agent at a local office. They are subordinate to the agent
of the Territory, who is subordinate to the commissioner of the land office at Ottawa.
The Dominion does not control public lands in some of the provinces. A surveyor-
general of the Dominion is also appointed, under whom the surveys are made. His
office is at Ottawa, in the department of the interior. The law relating to the Do-
minion lands is here given entire. It will be noticed that this statute gives the execu-
tive charged with the control and disposition of the public domain large discretionary
authority.
The body of this act is based upon the best features of the land system of the United
States, with beneficial additions. Many features of this statute could be engrafted
upon our system with profit.
LAW RELATING TO PUBLIC LANDS IN CANADA.
42 Victoria, Chap. 31.
..[AN ACT to amend and consolidate the several acts respecting the public lands of the Dominion.—
Assented to 15th May, 1879.]
Whereas it is expedient with a view to the proper and efficient administration
and management of certain of the public lands of the Dominion, that the same should
be regulated by statute, and divers acts have been passed for that purpose which it
is expedient to amend and consolidate: Therefore Her Majesty, by and with the advice
and consent of the Senate and House of Commons of Canada, enacts as follows:
PRELIMINARY-INTERPRETATION.
1. This act shall apply exclusively to the lands included in Manitoba and the several
territories of the Dominion, which lands shall be styled and known as Dominion lands;
and this act shall be known and may be cited as the “Dominion lands act 1879," and
the following terms and expressions therein shall be held to have the meaning here-
inafter assigned them, unless such meaning be repugnant to the subject or inconsistent
with the context; that is to say:
1. The term Minister of the Interior means the Minister of the Interior of Canada.
477
478 LAND SYSTEM OF CANADA.

2. The term surveyor-general means the said officer, or, in his absence, the chief
<clerk performing his duties for the time being.
3. The term agent or officer means any person or officer employed in connection with
the administration and management, sale or settlement of Dominion lands; and the
term local agent means the agent for Dominion lands employed as aforesaid, with re-
‘spect to the lands in question; and the term land office means the office of any such
agent.
g4. The term Dominion land surveyor means a surveyor duly authorized under the
provisions of this act to survey Dominion lands.
5. The term Crown timber agent means the local officer appointed to collect dues and
to perform such other duties as may be assigned to such officer, in respect to the tim-
ber on Dominion lands.
6. The term island, as used in connection with timber, means an isolated grove or
clump of timber in prairie.
7. The term belt, as used in connection with timber, means a strip of timber along
the shore of a lake, river, or water course.
8. The term section means a section of this act distinguished by a separate number
and the term subsection means a subdivision of any clause distinguished by a sepa-
rate number or letter, in smaller type.
9. The term Canada Gazette means the official gazette of the government, published
at Ottawa. -
DOMINION LANDS OFFICE.
2. The department of the Minister of the Interior of Canada shall be charged with
the administration and management of the Dominion lands.
1. Such administration and management shall be effected through a branch of the
said department, to be known and designated as “The Dominion lands office.”
2. Copies of any records, documents, plans, books, or papers belonging to or depos-
ited in the said office, attested under the signature of the Minister of the Interior or
the surveyor-general, and of plans or documents in any Dominion lands or surveys
office in Manitoba or the Northwest Territories, attested under the signature of the
agent or inspector of surveys, as the case may be, in charge of such office, shall be
competent evidence in all cases in which the original records, documents, books, plans,
or papers could be evidence. -
3. No person employed in or under the Dominion lands office shall purchase any of
such lands, except under authority of an order in council, or shall locate military or
jºy land warrants, or land scrip, or act as agent of any other persons in such be-
ºflābli.
SYSTEM OF SURVEY.
3. Subject always to the provisions hereinafter made with respect to special cases—
1. The Dominion lands shall be laid offin quadrilateral townships, containing thirty-
six sections of one mile square in each (except in the case of those sections rendered
irregular by the convergence or divergence of meridians as hereinafter mentioned),
together with road allowances of one chain and fifty links in width, between all town-
ships and sections.
2. The sections shall be bounded and numbered as shewn by the following diagram:
N.


31 32 33 34 35 36
30 29 28 27 26 25
19 20 21 22 23 24
18 17 16 15 14 13
S.
3. The township therefore will, subject to deficiency or surplus from converging or
diverging meridians, as the case may be, measure on each side, from centre to centre
LAND SYSTEM OF CANADA. 479
of the road allowances bounding the same, four hundred and eighty-nine chains: Pro-
vided that the Governor in council may hereafter, should the same be deemed expedi-
ent, reduce the width of the road allowances on township and section lines in that
part of the territory lying north of the line between townships eighteen and nineteen,
and east of the tenth range east of the principal meridian, and west of the fourteenth
range west of the said meridian.
4. The lines bounding townships on the east and west sides shall, in all cases, be
true meridians, and those on the north and south sides shall be cords intersecting cir-
cles of latitude passing through the angles of the townships.
5. The townships shall be numbered in regular order northerly from the interna-
tional boundary or forty-ninth parallel of latitude, and shall lie in ranges numbered,
in Manitoba, east and west from a certain meridian line run in the year 1869, styled
the “Principal meridian,” drawn northerly from the said forty-ninth parallel at a point
ten miles or thereabouts westwardly from Pembina.
6. In the territories east and west of Manitoba such other governing or guide me-
ridians may be adopted and confirmed by the governor in council as may, from time to
time, become expedient.
7. The townships shall be laid out the precise width of four hundred and eighty-
nine chains, as aforesaid, on the base lines hereinafter mentioned, and the meridians
between townships shall be drawn from such bases, north or south to the depth of two
townships, that is to say, to the correction lines hereinafter mentioned.
S. The said forty-ninth parallel or international boundary shall be the first base
Hine, or that for townships one and two. The second base line shall be between town-
ships four and five, the third between townships eight and nine, the fourth between
townships twelve and thirteen, the fifth between townships sixteen and seventeen,
and so on northerly in regular succession.
9. The correction lines, or those upon which the “jog" resulting from the want of
parallelism of meridians shall be allowed, will be as follows, that is to say, on the line
|between townships two and three, on that between six and seven, on that between ten
and eleven, and so on. In other words, they will be those township lines running east
and west which are equi-distant from the bases at the depth of two townships.
10. Each section shall be divided into quarter sections of one hundred and sixty
acres, more or less, subject to the provisions hereinafter made.
11. In the survey of any and every township, the deficiency or surplus, as the case
may be, resulting from convergence or divergence of meridians shall be allowed in the
range of quarter sections adjoining the west boundary of the township, and the north
and south error in closing on the correction lines from the north or south shall be al-
lowed in the ranges of quarter sections adjoining, and north or south respectively of
the said correction lines. - -
12. The dimensions and area of the irregular quarter sections resulting from the
provision in the next preceding clause, whether the same be deficient or in excess,
shall, in all cases, be returned by the surveyor at their actual measurements and con-
tents. - A.
13. Preliminary to the subdivision into townships and sections of any given portion
of country proposed to be laid out for settlement, the same shall be laid out into
blocks of four townships each, by projecting the base and correction lines, and east
and west meridian boundaries of each block: -
1. On these lines, at the time of the survey, all township, section, and quarter section
corners shall be marked, which corners shall govern, respectively, in the subsequent
subdivision of the block.
2. Only a single row of posts or monuments to indicate the corners of townships, or
sections (except as hereinafter provided), shall be placed on any survey line. These
posts or monuments, as an invariable rule (with the exception above referred to),
shall be placed in the west limit of the road allowances, on north and south lines, and
in the south limit of road allowances, on east and west lines; and in all cases shall fix
and govern the position of the boundary corner between the two adjoining townships,
sections, or quarter sections on the opposite side of the road allowance
3. Provided that in the case of the township, section, and quarter section corners on
correction lines, posts or monuments shall in all cases be planted and marked inde-
pendently for the townships on either side; those for the townships north of the line,
in the north limit of the road allowance; and those for the townships south, in the
south limit. -
14. The township subdivision surveys of the Dominion lands, according to the sys-
tem above described, shall be carried out and shall be performed by contract at a cer-
tain rate per mile or per acre, fixed from time to time by the governor in council.
15. Legal subdivisions as applicable to the survey, sale, and granting of the Do-
minion lands, shall be as follows: and it shall be sufficient that such legal subdivis-
ions be severally, as the case may require, designated and described by such names or
numbers and areas for letters patent, that is to say:
1. A section or 640 acres;
A half section or 320 acres;
480 LAND SYSTEM OF CANADA.
A quarter section of 160 acres;
A half quarter section or 80 acres;
A quarter quarter section or 40 acres
2. To facilitate the descriptions for letters patent of less than a half quarter section,
the quarter sections composing every section in accordance with the boundaries of the
same as planted or placed in the original survey, shall be supposed to be divided into
quarter quarter sections, or forty acres, and such quarter quarter sections shall be
numbered as shewn in the following diagram, which is intended to shew the above
proposed subdivisions of a section.
N.

13 14 12 16
12 11 10 9
S.
3. The area of any legal subdivision as above set forth, in letters patent, shall be
held to be more or less, and shall in each case be represented by the exact quantity as
given to such subdivision in the original survey.
16. Provided that nothing in this act shall be construed to prevent the lands upon
the Red and Assineboine rivers surrendered by the Indians to the late Earl of Selkirk,
from being laid out in such manner as may be necessary in order to carry out section
thirty-two of the act thirty-third Victoria, chapter three, or to prevent fractional sec-
tions or lands bordering on any river, lake, or other water course or public road, from
being divided ; or such lands from being laid out in lots of any certain frontage and
depth, in such manner as may appear desirable; or to prevent the subdivision of sec-
tions or other legal subdivisions into wood lots as hereinafter provided; or from de-
scribing the said lands upon the Red and Assineboine rivers, or such subdivisions of
fractional sections, or other lots, or wood lots, for patent, by numbers according to a
plan of record, or by metes and bounds, or by both, as may seem expedient.
DISPOSAL OF THE DOMINION LANDS.
LANDS RESERVED BY THE HUDSON'S BAY COMPANY.
I7. Whereas by article five of the terms and conditions in the deed of surrender
from the Hudson's Bay Company to the crown, the said company is entitled to one-
twentieth of the lands surveyed into townships in a certain portion of the territory
surrendered, described and designated as the “Fertile Belt”:
And whereas by the terms of the said deed, the right to claim the said one-twentieth .
is extended over the period of fifty years, and it is provided that the lands comprising
the same shall be determined by lot ; and whereas the said company and the govern-
ment of the Dominion have mutually agreed that with a view to an equitable distri-
bution throughout the territory described, of the said one-twentieth of the lands, and
in order further to simplify the setting apart thereof, certain sections or parts of sec-
tions, alike in numbers and position in each township throughout the said territory,
shall, as the townships are surveyed, be set apart and designated to meet and cover
such one-twentieth:
And whereas it is found by computation that the said one-twentieth will be exactly
met, by allotting in every fifth township two whole sections of six hundred and forty
acres each, and in all other townships one section and three quarters of a section each,
therefore—
In every fifth township in the said territory; that is to say: in those townships num-
bered 5, 10, 15, 20, 25, 30, 35, 40, 45, 50, and so on in regular succession northerly from
the international boundary, the whole of sections Nos. 8 and 26, and in each and every
of the other townships, the whole of section No. 8, and the south half and northwest
quarter of section 26 (except in the cases hereinafter provided for), shall be known and
designated as the lands of the said company.
LAND SYSTEM OF CANAE) A. 481
HS. Provided that the company's one twentieth of the lands in fractional townships
shall be satisfied out of one, or other, or both, as the case may be, of the sections num-
bers eight and twenty-six as above, in such fractional townships—the allotment thereof
to be effected by the minister of the interior and the said company, or some person
duly authorized by them respectively.
19. Provided further, that on the survey of a township being effected, should the
sections so allotted, or any of them, or any portion of them, be found to have been boma
fide settled on under the authority of any order in council, or of this act, then if the com-
pany forego their right to the sections settled upon as aforesaid, or any one or more of
such sections, they shall have the right to select a quantity of land equal to that so
settled on, and in lieu thereof, from any lands then unoccupied.
20. Provided also, as regards the sections and parts of sections as mentioned in clause
seventeen, that where the same may be situate in any township withdrawn from Set-
tlement and sale, and held as timber lands under the provisions hereinafter contained,
the same shall form no part of the timber limit or limits included in such townships,
but shall be held to be the property of the company.
2. Provided further, that one-twentieth of the revenue derived from timber limits
which may be granted in unsurveyed territory within the fertile belt, as hereinafter
provided, shall be annually, so long as the townships comprised in the same remain
unsurveyed, paid and accounted for to the company, such one-twentieth to cease or
to be diminished in proportion as the townships comprised in such limits, or any of
them, may be surveyed, in which event the company shall receive their one-twentieth
interest in the lands in such townships in sections eight and twenty-six as hereinbe-
fore enacted: Provided, nevertheless, that on such sections being surveyed as afore-
said, should the same or either of them prove to have been denuded of timber by the
lessee, to the extent of one-half or more, then, in such case the company shall not be
bound to accept such section or sections so denuded, and shall have the right to select
a section or sections to an equal extent in lieu thereof from any unoccupied lands in
such township.
21. As townships are surveyed and the respective surveys therefore confirmed, or as
townships or parts of townships are set apart and reserved from sale as timber lands,
the governor of the said company shall be duly notified thereof by the surveyor-gen-
eral, and thereupon this act shall operate to pass the title in fee-simple in the sections
or three-quarter parts of sections to which the company will be entitled under clause
seventeen, as aforesaid, and to vest the same in the said company, without requiring
a patent to issue for such lands; and as regards the lands set apart by lot, and those
selected to satisfy the one-twentieth in townships other than the above, as provided
in clauses eighteen and nineteen, returns thereof shall be made in due course by the
local agent or agents to the dominion lands office, and patents shall issue for the same
accordingly.
EDUCATIONAL ENDOWMENT.
22. And whereas it is expedient to make provision in aid of education in Manitoba'
and the Northwest Territories, therefore sections eleven and twenty-nine in each and
every surveyed township throughout the extent of the Dominion lands, shall be and
are hereby set apart as an endowment for purposes of education.
1. The sections so dedicated shall be designated “school lands,” and shall be dealt
with in manner as hereinafter provided, and the same are hereby withdrawn from the
operation of the clauses in this act relating to purchase by private entry and to home-
stead right, and it is hereby declared that no such right of purchase by private entry
or homestead right shall be recognized in connection with the said sections or any
part or parts thereof:
2. Provided, that on a township being surveyed, should such sections, or either of
them, or any part of either, be found to have been settled on and improved, then and
in such case the occupant or occupants conforming to the requirements of this act,
shall be confirmed in such possession and the Minister of the Interior shall Select a
quantity equal to that found to have been so settled on from the unclaimed lands in
such township, and shall withdraw the land so selected from sale and settlement, and
shall set apart and publish the same as school lands, by notice in the Canada Gazette.
3. Provided further, that the land found to have been settled upon and improved
as above is not embraced within the class of lands reserved from the operation of the
homestead provisions of this act by subsection eighteen of section thirty-four thereof.
DISPOSAL OF SCHOOL LANDS.
23. The school lands shall be administered by the governor in council, through
the minister of the interior: «»
1. Provided that all sales of school lands shall be at public auction, and that in no
case shall such lands be put up at an upset price less than the fair value of corre-
sponding unoccupied lands in the township in which such lands may be situate.
2. Provided, also, that the terms of sale of School lands shall be one-fifth in cash at the
31 L O—WOL III
482 LAND SYSTEM OF CANADA.
time of sale, and the remainder in nine equal successive annual instalments, with in-
terest at the rate of six per cent. per annum, to be paid with each instalment on the
balance of purchase-money from time to time remaining unpaid.
3. Provided, also, that all moneys from time to time realized from the sale of school
lands shall be invested in Dominion securities, and the interest arising therefrom,
after deducting the cost of management, shall be paid annually to the government of
the province or territory within which such lands are situated towards the support
of public schools therein—the moneys so paid to be distributed with such view by the
ºnent of such province or territory in such manner as may be deemed most ex-
pedient.
MILITARY BOUNTY LAND CLAIMS.
21. In all cases in which land has heretofore been or shall hereafter be given by
the Dominion for military services, warrants shall be granted in favor of the parties
entitled to such land by the minister of militia and defence, and such warrants shall
be recorded in the Dominion lands office in books to be kept for the purpose, and shall
be located as hereinafter provided, and patents for the lands so located shall be is-
sued accordingly.
1. Such warrants may be located by the owners thereof, in any of the Dominion
lands open for sale, or may be received in payment for a homestead claim for the
same number of acres, or in payment in part or in full, as the case may be, for the pur-
chase at public or private sale of Dominion lands, at the value shewn upon their face,
estimating the number of acres in the warrant at the price mentioned therein : Pro-,
vided always, that no greater area than twenty per cent, of the land, exclusive of
School and Hudson Bay Company lands, in any township, shall be open for entry by
military bounty warrants issued after the passing of this act.
2. In accepting warrants as so much purchase-money, any deficiency shall be pay-
able in cash; but should any payment by warrant or by amount in warrants, be in
excess, the government will not return any such excess.
3. In locating a warrant, should the same be for any aliquot part of a section, it
must be located in a legal subdivision of corresponding extent; for instance, a war-
rant calling for one hundred and sixty acres must be located in a certain quarter sec-
tion intact. &
25. Assignments of military bounty-land warrants duly made and attested before
any person entitled by law to take affidavits shall be recognized as conveying the
beneficial interest therein, but no assignment of the interest of the original owner
(except in the case of Red River soldiers' warrants as hereinafter mentioned) will
be held as transferring such interest, unless the assignment be endorsed on the back
of the warrant; and in subsequent assignments the warrant, unless the same has been
lost (as hereinafter mentioned), must be attached to and form part of the claimant's
or locatee's papers. -
26. In all cases where an officer or soldier entitled to military bounty land dies be-
fore the issue of the warrant, or between the issue of the warrant and the location
thereof, the warrant or the patent, or both, as the case may be, shall issue in favor
of the legal representatives of such deceased officer or soldier, according to the law
of the province or territory where the lands in question lie, who shall be ascertained
in such manner and by such court, commissioners or other tribunal, as the legisla-
ture of such province shall prescribe by any act passed for that purpose, and shall be
certified to the governor under such act, or if the lands be in any territory in which
there is then no legislature, then in such manner and by such commissioners as the
governor in council may, from time to time, direct, and any order in council in that
behalf may vest in any commissioners under it power to summon witnesses and ex-
amine them on oath and to compel the production of documents, and generally may
Yest in them all such powers, and impose upon all other persons all such obligations as
the Governor in council may deem necessary in order to ascertain and certify to the
Governor the person or persons to whom the patent ought to issue, and on any such
certificate under this clause the patent shall issue in accordance there with.
. 2. Provided that in the absence of any court, commissioners, or other tribunal estab-
lished by the legislature of the province or territory within which the lands in ques-
tion lie, to determine the legal representatives of such deceased officer or soldier, the
minister of the interior may refer any case arising under the provisions of this section
to the court authorized to be established under the act passed in the thirty-sixth year
of Her Majesty's reign, chapter six, entituled “An act respecting claims to lands in Mani-
toba for which no patents have issued; and the provisions thereof shall be and are
hereby declared to be in this respect applicable to cases arising under this section.
27. Whenever any warrant for military bounty land, issued in pursuance of this act,
is lost or destroyed, whether the same may or may not have been sold and assigned by
the original owner, the minister of militia and defence (such loss or destruction hav-
ing been proved to his satisfaction) may, and he is hereby required to cause a new war-
Tant of like tenor to be issued in lieu thereof, in favor of the person to whom the war-
LAND SYSTEM OF CANADA, 483
rant belonged at the time of its loss or destruction, if he be still living, or his legal
representatives as aforesaid, if he be no longer living, which new warrant may be
assigned, located, and patented, and shall be of like value in every respect, with the
original warrant; and in any and all such cases of re-issue, the original warrant, in
whosesoever hands it may be, shall be null and void. º
28. And whereas by order of the Governor in Council, dated the 25th of April,
1871, it is declared that, -
The officers and soldiers of the 1st or Ontario and the 2nd or Quebec Battalion of
Rifles, then stationed in Manitoba, whether in the service or depôt companies, and
not having been dismissed therefrom, should be entitled to a free grant of land, with-
out actual residence, of one quarter section,-such grant is hereby confirmed, and the
minister of militia and defence is hereby authorized and required to issue the neces-
sary warrants therefor accordingly.
29. And whereas effect could not be given to the above-mentioned order in coun-
cil, until the lands in Manitoba had been surveyed, and in the mean time many of the
said men so entitled as above have assigned their interest in such free grants, such
assigments duly made and attested, and having the certificate of discharge in the case
of non-commissioned officers or private soldiers attached thereto, and filed in the Do-
minion lands office before the issue of the warrant, shall be held to transfer in each
case the interest of the man so entitled in the warrant when issued, which latter, in
every such case, shall be attached, after registry, to the assignment on file, and held
for delivery to the party entitled thereto, or for location.
ORDINARY PURCHASE AND SALE OF LANDS.
30. Unappropriated dominion lands, the surveys of which may have been duly made
and confirmed, shall, except as otherwise hereinafter provided, be open for purchase
at the rate of one dollar per acre; but no such purchase of more than a section, or six
hundred and forty acres, shall be made by the same person : Provided that whenever
so ordered by the Minister of the Interior such unoccupied lands as may be deemed
by him expedient from time to time may be withdrawn from ordinary sale or settle-
ment, and offered at public sale (of which sale due and sufficient notice shall be given)
at the upset price of one dollar per acre, and sold to the highest bidder:
2. Provided further, that any legal subdivision or other portion of unappropriated
dominion land which may include a water power, harbour, or stone-quarry, shall not be
open for purchase at the rate of one dollar per acre, but the same shall be reserved from
ordinary sale, to be disposed of in such manner, and on such terms and conditions, as
may be fixed by the Governor in council on the report of the minister of the interior.
PAYMENTS FOR LANDS.
31. Payments for lands, purchased in the ordinary manner, shall be made in cash,
except in the case of payment by scrip or in military bounty warrants as hereinbefore
provided. o
TOWN PLOTS, &C.
32. The minister of the interior shall have power, from time to time, to set apart and
withdraw from purchase and from the homestead clauses of this act, any tract or
tracts of land which it may be considered by him expedient to lay out into town or
village plots, and to cause the same to be surveyed and laid out, and the lots so laid
* be sold, either by private sale and for such price as he may see fit, or at public
all CU10Il.
33. The Governor in Council may also set apart and appropriate such dominion
lands as he may deem expedient, for the sites of market places, gaols, court houses,
places of public worship, burying grounds, schools, benevolent institutions, squares
and for other like public purposes, and at any time before the issue of letters patent
therefor, may alter or revoke such appropriation, as he deems expedient, and he may
make free grants for the purposes aforesaid of the lands so appropriated,—the trusts
and uses to which they are to be subject being expressed in the letters patent.
HOMESTEAD RIGHTS OR FREE GRANT LANDS.
34. Any person, male or female, who is the sele head of a family, or any male who
has attained the age of eighteen years, shall be entitled to be entered for one hundred
and sixty acres, or for a less quantity, of unappropriated dominion lands, for the pur-
pose of securing a homestead right in respect thereof. (Form A.)
But a person Öbtaining such homestead entry shall be liable to the forfeiture thereof
should he not become a bona-fide occupant of the land so entered within two months
484 LAND SYSTEM OF CANADA.
of the date of entry, and thenceforth continue to occupy and cultivate the same as
hereinafter provided.
1. The entry of a person as aforesaid for a homestead right shall entitle him, on
payment of a fee equal in amount to that hereinafter prescribed for such homestead
entry, to receive at the same time there with an entry for any adjoining one hundred
and sixty acres, or less quantity, of Dominion land then unclaimed, and such entry
shall entitle such person to take and hold possession of and cultivate such land so en-
tered in addition to his homestead, but not to cut wood thereon for sale or barter, and,
at the expiration of the period of three years, or upon the Sooner obtaining a patent
for the homestead under the fifteenth subsection of this section, shall entitle him to
a pre-emption of the said land so entered at the government price of one dollar per
acre; but the right to claim such pre-emption shall cease and be forfeited, together
with all improvements on such land, upon any forfeiture of the homestead right under
this act :
2. When two or more persons have settled on and seek to obtain a title to the same
land, the homestead right shall be in him who made the first settlement.
3. Provided, that in cases where both parties may have made valuable improve-
ments, the Minister of the Interior may order a division of such land, in legal subdi-
visions, in such manner as may preserve to the said parties, as far as practicable, their
several improvements, and further, may direct that what the land of each of such
parties, as so divided, may be deficient of a quarter-section, shall be severally made
up to them in legal subdivisions from unoccupied quarter-sections adjoining.
4. Questions as to the homestead right arising between different settlers shall be
investigated by the local agent of the division in which the land is situated, whose
report and recommendation, together with the evidence taken, shall be referred to the
Minister of the Interior for decision.
5. Every person claiming a homestead right on surveyed land must, previously to
settlement on such land, be duly entered therefor with the local agent within whose
district such land may be situate; but in case of a claim from actual settlement in then
unsurveyed lands, the claimant must file such application within three months after
due notice has been received at the local office of such land having been surveyed and
the survey thereof confirmed, and proof of settlement and improvement shall be made
to the local agent at the time of filing such application, whereupon such claimant
shall be allowed to enter, to the extent of one hundred and sixty acres, as a homestead,
the land as the same may have been surveyed and laid out, upon which he may be
resident, in such manner as to cover his most valuable improvements: Provided that
on the survey of a township being made, the government shall not be bound to pro-
tect any person found to have settled on land which, by law or by allotment duly
made, may be claimed by the Hudson's Bay Company.
6. Persons owning and occupying Dominion lands may be entered for other land
lying contiguous to their lands, but the whole extent of land, including that previously
owned and occupied, must not exceed one hundred and sixty acres, and must be in
legal subdivisions. - &
7. In entries of contiguous lands, the settler must describe in his affidavit the tract
he owns and is settled upon as his original farm. Actual residence on the contiguous
land entered is not required, but bona-fide improvement and cultivation of it must be
thereafter shewn for the period required by the provisions of this act.
8. A person applying for leave to be entered for lands with a view of securing a
homestead right therein, shall make affidavit before the local agent according to form
B in the schedule of this act. -
9. Upon making this affidavit, and filing it with the local agent, and on payment
to him of an office fee of ten dollars for which he shall receive a receipt from the
agent, he shall be permitted to enter the land specified in the application.
10. No patent shall be granted for the land until the expiration of three years from
the time of entering into possession of it, except as hereinafter provided.
11. At the expiration of three years the settler or his widow, her heirs or devisees,
or if the settler leaves no widow, his heirs or devisees, upon proof to the satisfaction
of the local agent, that he or his widow or his or her representatives as aforesaid, or
some of them, have (except in the case of entry upon contiguous lands as hereinbefore
provided) resided upon and cultivated the land for the three years next after the filing
of the affidavit for entry, or in the case of a settler on unsurveyed land, who may,
upon the same being surveyed, have filed his application as provided in sub-section
five, upon proof, as aforesaid, that he or his widow, or his or their representatives, as
aforesaid, or some of them, have resided upon and cultivated the land for the three
years next preceding the application for patent, shall be entitled to a patent for the
land, provided such claimant is then a subject of Her Majesty by birth or naturaliza-
tion: -
Provided always, that the right of the claimant to obtain a patent under the said
sub-section as amended, shall be subject to the provisions of section fifteen of this act :
Provided further that, in the case of settlements being formed of immigrants in
LAND SYSTEM OF CANADA. - 485
communities, (such for instance as those of Mennonites or Icelanders,) the Minister of
the Interior may vary or waive, in his discretion, the foregoing requirements as to
residence and cultivation on each separate quarter-section entered as a homestead.
12. When both parents die, without having devised the land, and leaving a child or
children under age, it shall be lawful for the executors (if any) of the last surviving
parent, or the guardian or guardians of such child or children, with the approval of a
judge of a superior court of the province or territory in which the lands lie, to sell
the lands for the benefit of the infant or infants, but for no other purpose ; and the
purchaser, in such case, shall receive a patent for the land so purchased.
13. The title to lands shall remain in the Crown until the issue of the patent there-
for, and such lands shall not be liable to be taken in execution before the issue of the
a tent.
p 14. In case if is proved to the satisfaction of the Minister of the Interior that the
settler has voluntarily relinquished his claim, or has been absent from the land en-
tered by him for more than six months in any one year without leave of absence from
the Minister of the Interior, then the right to such land shall be liable to forfeiture,
and may be cancelled by the said Minister, and the settler so relinquishing or aban-
doning his claim shall not be permitted to make more than a second entry.
15. Any person who has availed himself of the foregoing provisions may, before the
expiration of the three years, obtain a patent for the land entered upon by him, in-
cluding the wood lot, if any, appertaining to the same, as hereinafter provided, on
paying the government price thereof at the date of entry, and making proof of set-
tlement and cultivation for not less than twelve months from the date of entry.
16. Proof of actual settlement and cultivation shall be made by affidavit of the
claimant before the local agent, corroborated on oath by two credible witnesses.
The Minister of the Interior may at any time order an inspection of any homestead
or homesteads in reference to which there may be reason to believe the foregoing pro-
visions, as regards settlement and cultivation, have not been or are not being carried
Out, ºd may, on a report of the facts, cancel the entry of such homestead or home-
SteadS.
And in the case of a cancelled homestead, with or without improvements thereon,
the same shall not be considered as of right open for fresh entry, but may be held for
sale of the land and of the improvements, or of the improvements thereon, in connec-
tion with a fresh homestead entry thereof, at the discretion of the minister of the in-
terior.
17. All assignments and transfers of homestead rights before the issue of the patent,
except as hereinafter mentioned, shall be null and void, but shall be deemed evidence
of abandonment of the right; and the person so assigning or transferring stad got be
permitted to make a second entry:
Provided that a person whose homestead may have been recommended for patent
by the local agent, the conditions in connection there with having been duly fulfilled,
may legally dispose of and convey, assign, or transfer his right and title therein.
Any person who may have obtained a homestead entry, shall be considered, unless
and until such entry be cancelled, as having an exclusive right to the land so entered
as against any other person or persons whomsoever, and may bring and maintain
actions for trespass committed on the said land or any part thereof. -
18. The above provisions relating to homesteads shall only apply to agricultural
lands; that is to say, they shall not be held to apply to lands set apart as timber limits,
or as hay lands, or to those lands on which coal or other valuable mineral is, at the
time, known to exist, or to lands valuable for stone or marble quarries, or to those
having water power thereon which may be useful for driving machinery.
GRAZING LANDS.
35. The governor in council may, from time to time, grant leases of unoccupied
Dominion lands for grazing purposes to any person or persons whomsoever, for such
term of years and at such rent in each case as may be deemed expedient ; but every
such lease shall, among other things, contain a condition by which, if it should there-
after be thought expedient by the Minister of the Interior to offer the land covered
thereby for settlement, the said Minister may, on giving the lessee two years' notice,
cancel the lease at any time during the term.
HAY LANDS,
36. Leases of unoccupied Dominion lands, not exceeding in any case a legal sub-
division of forty acres, may be granted, for the purpose of cutting hay thereon, to any
É." or persons whomsoever being bona-fide settlers in the vicinity of such hay
nds, for such term and at such rent, fixed by public auction or otherwise, as the
minister of the interior may deem expedient; but such lease, except as may be other-
wise specially agreed upon, shall not operate to prevent, at any time during the term
thereof, the sale or settlement of the lands described therein under the provisions of
*
486 - LAND systEM OF CANADA.
this act—the lessee being paid in such case by the purchaser or settler, for fencing
or other improvements made on such land, such sum as shall be fixed by the local
agent, and allowed to remove any hay he may have made.
MINING LANDS.
37. No reservation of gold, silver, iron, copper, or other mines or minerals, shall be
inserted in any patent from the Crown granting any portion of the Dominion lands.
3 *, Any person or persons may explore for mines or minerals on any of the Domin-
ion lands, surveyed or unsurveyed, and not then marked or staked out and claimed or
occupied, and may, subject to the provisions hereinafter contained, purchase the same.
39, Mining lands, if in surveyed townships, may be acquired under the provisions
herein contained, and shall be sold in legal subdivisions. When situate in unsurveyed
territory and without the limits of the fertile belt, such lands shall be sold in blocks
to be called mining locations; and every such mining location, except as hereinafter
provided, shall be bounded by lines due north and South and due east and west,
astronomically; and each such location shall correspond with one of the following
dimensions, namely, eighty chains in length by forty in width, containing three hundred
and twenty acres, or forty chains square, containing one hundred and sixty acres, or
forty chains in length by twenty in width, containing eighty acres:
1. Provided further, that in case of certain lands proving to be rich in minerals, the
Minister of the Interior shall have the power to withdraw such lands from sale, and
in lieu thereof institute a system of lease. -
2. The rent payable to the Crown under any such lease shall be a royalty, not to
exceed two and a half per cent. on the net profits of working.
3. Provided further, that when there are two or more applicants for the same tract,
and a prior right in either or any of the applicants is not established to the satisfaction
of the Minister of the Interior, the same may be tendered for by the claimants on
stated terms of lease, and sold to the highest bidder.
4. Provided also, that in territory supposed to contain minerals the minister of the
interior may in his discretion reserve from sale alternate locations, or quarter-sections,
or other legal subdivisions, with the view of subsequently offering the same either for
sale or lease at public competition.
40. Mining locations in unsurveyed territory shall be surveyed by a Dominion land
surveyor, and shall be connected with some known point in previous surveys, or with
some other known point or boundary (so that the tract may be laid down on the maps
of the territory in the Dominion lands office) at the cost of the applicants, who shall
be required to furnish, with their application, the surveyor's plan, field notes and de-
scription thereof.
41. No distinction in price shall be made between lands supposed to contain mines
or minerals and farming lands, but both classes shall be sold at the uniform price of
one dollar per acre; provided that section thirty of this act as regards offering lands
at public sale shall apply to coal and mineral lands also, when the same are in Sur-
veyed townships.
42. It shall also be lawful for the Minister of the Interior to exempt from the pre-
ceding provisions of this act such of the Dominion lands upon or adjoining the banks
of rivers or other waters as may be supposed to contain valuable “bar,” “bench,” or
“dry” “diggings” for gold or other precious metals; and the governor in council
shall regulate, from time to time, as the same may become necessary and expedient,
the nature and size of the claims containing such diggings, and shall fix the terms and
conditions upon which the same shall be held and worked, and the royalty paya-
ble in respect thereof, and shall appoint and prescribe the duties of such officers as
may be necessary to carry out such regulations.
INDIAN TITLE.
43. None of the provisions of this act respecting the settlement of agricultural lands,
or the lease of timber lands, or the purchase and sale of mineral lands, shall be held to
apply to territory the Indian title to which shall not at the time have been extin-
guished.
COAL LANDS.
44. Coal lands designated by the government as such are hereby withdrawn from
the operation of this act as regards the rights of squatters to homesteads on the Do-
minion lands in advance of the surveys.
45. The minister of the interior shall have power to protect any person or persons
desiring to carry on coal mining in unsurveyed territory, in the possession of the lands
on which such mining may be carried on : Provided, that before entering on the work-
ing of such mines, such person or persons make written application to the local agent
to purchase such land; such application must be accompanied by a description by a
Dominion land surveyor setting forth generally the situation and the dimensions of
LAND SYSTEM OF CANADA. 487
such land, and shall also be accompanied by payment of the price thereof, estimating
the number of acres (which shall be in the discretion of the Minister, but shall in no
case exceed three hundred and twenty) at the rate of one dollar per acre. Such appli-
cation shall be filed by the agent receiving the same; and on the survey of the town-
ship containing the land applied for being effected, the claimant or claimants shall be
entitled to a patent for such number of acres, in legal subdivisions, including and cov-
.#. mine worked, as shall correspond to the application and to the extent of land
aid for:
p Provided that all operations under this section shall be subject to the rights of the
Hudson's Bay Company to sections 8 and 26 as herein before enacted : Provided further,
that the survey of the township within which such land may be situate, shall not be
delayed beyond a period of five years after the date of the purchase of such land, with-
out the consent of the Hudson's Bay Company thereto first had and obtained :
Provided further, that such mine shall have been continuously worked, to the satis-
faction of the Minister of the Interior, during the interim between the applicaſion and
the survey; but if the same should at any time during such interim cease to be worked
for twelve consecutive months, unless the lands in question be no longer valuable for
mining purposes, then the claim of the parties to the land shall lapse, and the mine
shall be forfeited to the Crown, together with any and all purchase-money which may
have been paid to the Government on account thereof.
46. The Minister of the Interior, with the view of preventing undue monopoly in
coal lands, may in his discretion, on a township being surveyed, exempt from the sale
and settlement provisions of this act, the sections or other legal subdivisions of land
which may be said to contain coal, except those on which mining may have been car-
ried on under the next preceding clause; and the same shall be subsequently sold or
gº dealt with in such manner as may be deemed expedient by the Governor in
OUIIlCll,
TIMBER AND TIMBER LANDS.
TIMEER IN TOWNSHIPS SURVEYED FOR SETTLEMENT.
47. And whereas it is expedient that the timber forming islands or belts in town-
ships thrown open for settlement, should be so disposed of as to benefit the greatest
possible number of settlers and to prevent petty monopoly, it is therefore enacted as
follows:—
1. The Minister of the Interior may direct that in the subdivision of townships which
may consist partly of prairie and partly of timber land, such of the sections or subdi-
visions of sections containing islands, belts, or other tracts of timber, shall be subdi-
vided into such number of wood lots of not less than ten, and not more than twenty
acres in each lot, as will afford, so far as the extent of wood land in the township may
permit, one such wood lot to each quarter-section prairie farm in such township :
2. Provided, that neither the sections and parts of sections in each township vested
in the Hudson's Bay Company by this act nor those sections set apart herein for schools,
shall be subject in any way to the operation of the next preceding sub-clause:
3. The division of such wood lots shall be by squared posts, numbered from one up-
wards, marked with a marking iron, and planted in the section lines bounding the
timber tract so laid out ; and each wood lot shall front on a section road allowance:
• 4. Provided, that in case an island or belt of timber be found in the survey of any
township to lie in a quarter-section or several quarter-sections, but in such manner
that no single quarter-section shall have more of such timber than twenty-five acres,
such timber shall be taken to be appurtenant to such quarter-section or quarter-sec-
tions, and shall not be further divided into wood lots.
5. The local agent, as settlers shall apply for homestead rights in the township, and
in the same order as such applications shall be made, shall, if so requested, apportion
a wood lot to each quarter-section so applied for not having thereon more than ten
acres of timber, and such wood lot shall be paid for by the applicant at the rate of one
dollar per acre, and shall be entered on the local agent's books and be returned by him
as in connection with the homestead so entered ; and on such homestead claimant ful-
filling all the requirements of this act in that behalf, but not otherwise, a patent shall
issue to him for such wood lot. Provided always, that any person to whom a wood
lot was apportioned in connection with a homestead under the provisions of sub-sec-
tion five of section forty-six of The Dominiqn Lands Act of 1872, having duly fulfilled
the conditions of such homestead grant required by the said act, shall receive a pat-
ent for such wood lot as a free grant, as provided in the said sub-section, notwithstand-
ing the repeal of the said sub-section by the act of 1874: Provided further, that the
cancellation of a bomestead shall carry with it the cancellation of the wood lot which
. "... apportioned thereto, and also the forfeiture of the purchase money of
Such WOOd lot :
488 LAND systEM OF CANADA.
6. Provided, that any homestead claimant, who, previous to the issue of the patent,
shall sell any of the timber on his claim or on the wood lot appertaining to his claim,
to saw-mill proprietors or to any other than settlers for their own private use, without
having previously obtained permission so to do from the Minister of the Interior, shall
be guilty of a trespass, and may be prosecuted therefor before a justice of the peace,
and upon conviction thereof, shall be subject to a fine or imprisonment, or both; and
further, such person shall forfeit his claim absolutely.
TIMBER AND TIMBER LANDS.
48. Any tract of land covered by forest timber may be set apart as timber lands,
and reserved from sale and settlement.
49. Except where it may be thought expedient by the Minister of the Interior to
divide a township into two or more timber limits, the several townships composing
any such tract shall each form a limit.
50. In the enactments and provisions under the present heading, Timber and Timber
Lands, the word “timber” includes all lumber, and all products of timber hereinafter
mentioned, or of any other kind whatever, including firewood or bark.
51. The right of cutting timber on such limits shall be put up at a bonus per square
mile, varying according to the situation and value of the limit, and sold to the highest
bidder by competition, either by tender or at public auction.
52. The purchaser shall receive a lease granting the right of cutting timber on the
iand for twenty-one years, and containing the following conditions, with such others
as shall have been embodied in the notice of sale, that is to say:
1. The lessee to erect a sawmill or mills in connection with such limit and lease, and
subject to any special conditions which may be agreed upon and stated in the lease,
such mill or mills to be of capacity to cut at the rate of a thousand feet, board meas-
ure, in twenty-four hours, for every two and a half square miles of limits in the lease,
or shall establish such other manufactory of wood goods as may be agreed upon as
the equivalent of such mill or mills, and the lessee to work the limit, in the manner
and to the extent provided in the lease, within two years from the date thereof, and
during each succeeding year of the term ;
2. To take from every tree he cuts down all the timber fit for use, and manufacture
the same into sawn lumber or some other such saleable product as may be provided in
the lease or by any regulations made under this act;
3. To prevent all unnecessary destruction of growing timber on the part of his men,
and to exercise strict and constant supervision to prevent the origin or spread of fires;
4. To make returns to the government monthly, or at such other periods as may be
required by the Minister of the Interior, or by regulations under this act, sworn to by
him or by his agent or employé, cognizant of the facts, declaring the quantities sold
or disposed of as aforesaid, of all sawn lumber, timber, railway-car stuff, ship timbers
and knees, shingles, laths, cordwood or bark, or any other product of timber from the
limit, in whatever form the same may be, sold or otherwise disposed of by him during
such month or other period, and the price or value thereof;
5. To pay, in addition to the bonus, an annual ground-rent of two dollars per square
mile, and further a royalty of five per cent. On his monthly account ;
6. To keep correct books of such kind and in such form as may be provided by his
lease or by regulation under this act, and to submit the same for the inspection of the
collector of dues whenever required, for the purpose of verifying his returns aforesaid.
7. The lease shall describe the lands upon which the timber may be cut, and shall
West in the lessee during its continuance the right to take and keep exclusive posses-
sion of the lands so described, subject to the conditions hereinbefore provided or re-
ferred to ; and such lease shall vest in the holder thereof all right of property whatso-
ever in all trees, timber, lumber, and other products of timber cut within the limits of
the lease during the continuance thereof, whether such trees, timber and lumber or pro-
ducts be cut by authority of the holder of such lease or by any other person, with or
without his consent ; and such lease shall entitle the lessee to seize in replevin, reven-
dication or otherwise, as his property, such timber where the same is found in the pos-
session of any unauthorized person, and also to bring any action or suit, at law or in
equity, against any party unlawfully in possession of any such timber, or of any land
So leased, and to prosecute all trespassers thereon and other such offenders as aforesaid,
to conviction and punishment, and to recover damages, if any : and all proceedings
pending at the expiration of any such lease may be continued and completed as if the
lease had not expired.
8. Such lease shall be subject to forfeiture for infraction of any one of the condi-
tions to which it is subject, or for any fraudulent return ; and in such case the Minis-
ter of the Interior shall have the right, without any suit or other proceeding at law or
in equity, or compensation to the lessee, to cancel the same, and to make a new lease
or disposition of the limit described therein, to any other party, at any time during
the term of the lease so cancelled : Provided, that the Minister of the Interior, if he
LAND SYSTEM OF CANADA. - 489
sees fit, may refrain from forfeiting such lease for non-payment of dues, and may en-
force payment of such dues in the manner hereinafter provided.
9. The lessee who faithfully carries out the above conditions shall have the refusal
of the same limits, if not required for settlement, for a further term not exceeding
twenty-one years, on payment of the same amount of bonus per square mile as was .
paid originally, and on such lessee agreeing to such conditions, and to pay such other
rates as may be determined on for such second term. -
10. Provided, that in cases where application may be made for limits on which to
cut timber in unsurveyed territory, the Governor in Council may, on the recommen-
dation of the Minister of the Interior, authorize the same to be leased for such bonus
as may be deemed fair and reasonable—such leases to be subject nevertheless to the
foregoing conditions of this section, except as to that part of sub-section one, which
provides for the erection of mills, which provision, in respect to limits in unsurveyed
territory may, if considered expedient by the Minister of the Interior, be dispensed
with. -
Provided also, that territory in which the block outlines only of townships may
have been run and marked, shall be considered surveyed territory for the purposes of
this section ; and provided further, that the Governor in Council may, on the recom-
mendation of the Minister of the Interior, in special cases where the same may be
deemed expedient, grant licenses in either surveyed or unsurveyed territory, as the
case may be, to cut timber for one year, and renewable from year to year, in the dis-
cretion of the Minister of the Interior, at such ground rent as the minister may deem
fair and reasonable; such license to be subject in all respects to the other provisions
of this section, except where the same may be inconsistent here with,
53. If, in consequence of any incorrectness in survey, or other error or cause what-
soever, a lease is found to comprise lands included in one of prior date, or any lands
sold, granted, leased or lawfully set apart for any other purpose under this act, the
lease first mentioned shall be void in so far as it interferes with any such previous
lease, Sale, grant or setting apart.
{} FURTHER OBLIGATIONS OF PARTIES OBTAINING LICENSES.
54. Any ground-rent, royalty or other dues to the Crown, on timber cut within any
such limit, which are not paid at the time when they become due and payable, shall
bear interest at the rate of six per cent. per annum, until paid, and shall be a lien on
any timber cut within such limits. And whenever the ground-rent on any limit, or any
royalty on any timber is not paid within three months after it becomes due under the
lease or regulations in that behalf, the Crown timber agent may, with the sanction
of the Minister of the Interior, seize so much of the timber cut on such limits
and in the possession of the lessee or on his premises, whether sold or unsold, as
will in his opinion be sufficient to secure the payment of such rent and royalty on
the timber seized, and all interest and expenses of seizure and sale, and may detain
the same as security for the payment thereof; and if such payment be not made within
three months after such seizure, the Crown timber agent may, with such sanction as
aforesaid, sell such timber by public auction, and after deducting the sum due to the
Crown, the interest thereon and expenses aforesaid, he shall pay over the balance, if
ally, to the lessee or owner of the timber.
55. All timber cut under lease shall be liable for the payment of the Crown dues
thereon, so long as and wheresoever the said timber or any part of it may be found
(whether it be or be not manufactured into deals, boards or any other products); and
all officers or agents employed in the collection of such dues may follow all such tim-
ber and may seize and detain the same wherever they are found until the dues thereon
are paid or secured, and if payment be not made or secured within three months after
such seizure, the timber may be sold by the Crown agent, and the proceeds disposed of
as provided by the next preceding section.
56. And in case the payment of the Crown dues on any timber has been evaded by
any lessee or other party, by the removal of such timber or products out of Canada, or
otherwise, the amount of dues so evaded, and any expenses incurred by such officer or
the government in enforcing payment of the said dues under this act, may be added
to the dues remaining to be collected on any other timber cut on Dominion lands by
the same lessee or by his authority, and be levied and collected or secured, on such
timber, together with such last-mentioned dues, in the manner provided by section
fifty-four; or the amount due to the Crown, of which payment has been evaded, may
be recovered by action at law, in the name of the Minister of the Interior or his resi-
dent agent, in any court having jurisdiction in civil cases to the amount.
57. The Minister of the Interior may, in his discretion, take or authorize the taking
of bonds or promissory notes for any money due to the Crown, interest and costs, as
aforesaid, or for double the amount of all dues, fines and penalties and costs, incurred
9r to be incurred, and may then release any timber upon which the same would be
leviable, whether under seizure or not; but the taking of such bonds or notes shall not
490 LAND SYSTEM OF CANADA.
affect the lien and right of the Crown to enforce payment of such money on-any other
timber cut on the same limit, if the sums for which such bonds or notes are given are
not paid when due.
LIABILITY OF PERSONS CUTTING WITHOUT AUTHORITY.
58. If any person without authority cuts, or employs or induces any other person
to cut or assist in cutting, any timber of any kind, on any Dominion lands whereso-
ever situate, or removes or carries away, or employs or induces, or assists any other
person to remove or carry away any timber of any kind, so cut from any Dominion
lands as aforesaid, he shall not acquire any right to the timber so cut, or any claim
for remuneration for cutting the same, preparing the same for market, or conveying
the same to or towards market ; and when the timber has been removed out of the
reach of the Crown timber officers, or it is otherwise found impossible to seize the
same, he shall, in addition to the loss of his labour and disbursements, forfeit a sum
not exceeding three dollars for each tree, which, or any part of which he is proved to
have cut or carried away; and such sum shall be recoverable with costs, at the suit
and in the name of the Crown, in any court having jurisdiction in civil matters to the
amount of the penalty, -and in all such cases the burden of proof of his authority to
cut and take the timber shall lie on the party charged, and the averment of the party
seizing or prosecuting, that he is duly employed under the authority of this act, shall
be sufficient proof thereof, unless the defendant proves the contrary.
1. Whenever satisfactory information, supported by affidavit made before a justice
of the peace, or before any other competent officer or person, is received by any
Crown timber officer or agent, that any timber has been cut without authority on
Dominion lands, and describing where the same can be found,-or if any Crown tim-
ber officer or agent, from other sources of information, or his own knowledge, is aware
that any timber has been cut without authority on such lands, the said agent, or officer,
or either of them, may seize or cause to be seized in Her Majesty's name, the timber so
reported or known to be cut, wherever it is found, and place the same under proper
custody, until a decision can be had in the matter by competent authority:
2. And where the timber so reported or known to have been cut without authority,
has been made up with other timber into a crib, dram, or raft, or any other man-
ner has been so mixed up at any mill or elsewhere, as to render it impossible or very
difficult to distinguish the timber so cut without authority from other timber with
which it is mixed up, the whole of the timber so mixed shall be held to have been cut
without authority, and shall be liable to seizure and forfeiture accordingly, until satis-
factorily separated by the holder.
3. In case any timber cut without authority on Dominion lands, or any product
thereof, is seized under the provisions of this act, by any Crown timber agent or
officer, he may allow such timber or product thereof to be removed and disposed of,
on receiving sufficient Security, by bond or otherwise, to his satisfaction for the full
value thereof, or for payment of double the amount of all dues, fines, penalties and
costs incurred or imposed thereon, as the case may be.
RESISTING SEIZURE—REMOVING TIMBER SEIZED–coxDEMNATION OF SUCH TIMBER.
59. An officer or person seizing timber in the discharge of his duty under this act,
may, in the name of the Crown, call in any assistance necessary for securing and pro-
tecting the timber so seized; and if any person under any pretence, either by assault,
force or violence, or by threat of such force or violence, in any way resists or obstructs
any officer or person acting in his aid, in the discharge of his duty under this act, such
person shall be guilty of felony, and being convicted thereof, shall be punishable
accordingly.
60. If any person, whether pretending to be the owner or not, either secretly or
openly, and whether with or without force or violence, takes or carries away, or causes
to be taken and carried away without permission of the officer or person who seized
the same or of some competent authority, any timber seized and detained for any law-
ful cause under this act, before the same has been declared by competent authority to
have been seized without due cause, such person shall be deemed to have stolen such
timber, being the property of the Crown, and to be guilty of felony, and being con-
victed thereof, shall be punishable accordingly.
61. All timber seized under this act on behalf of the Crown as being forfeited, shall
be deemed to be condemned, unless the person from Whom it was seized, or the owner
thereof, within one month from the day of the seizure, gives notice to the seizing officer,
or to the Crown timber agent or officer, under whose authority the seizure was made,
that he claims or intends to claim the same; pending which the officer or agent seizing
shall report the facts to the Minister of the Interior, who may order the sale of the said
timber, by said officer or agent, after a notice on the spot, or at the residence or office of
the person from whom it was seized, of at least thirty days; or if, within fifteen days
h
LAND SYSTEM OF CANADA. * 491
after the claim has been put in, the claimant shall not have instituted proceedings be-
fore a court of competent jurisdiction to contest the seizure; or if the decision of the
court be against him; or should the claimant fail duly to prosecute such proceedings
in the opinion of the judge before whom such case may be tried (and who may for
that cause dismiss the suit on the expiration of three months from the date of which
it was instituted,—anything to the contrary hereinbefore enacted notwithstanding),
the timber may be confiscated and sold for the benefit of the Crown, by order of the
Minister of the Interior, after a notice on the spot of at least thirty days: Provided, nev-
ertheless, that in certain cases of timber being ascertained to have been cut without
authority on any of the Dominion lands, or admitted to have been so cut by the holder
thereof, the Minister of the Interior, shoud he see the cause for doing so, may impose
and receive for the Crown a fine or penalty, to be levied on such timber, in addition
to all costs incurred, and in default of such fine or penalty and costs being paid forth-
with, may sell such timber by public sale after a notice of fifteen days, and may retain
the whole proceeds of such sale, or the amount of the penalty and costs only, at the
discretion of the Minister of the Interior.
GENERAL PROVISIONS.
62. Whenever any Crown timber agent or other officer or agent of the Minister of the
Interior is in doubt as to whether any timber has, or has not, been cut without authority,
or is or is not, liable to Crown dues on the whole or any part thereof, he may enquire
of the person or persons in possession or in charge of such timber, as to when and
where the same was cut ; and if no satifactory explanation, on oath or otherwise, as
he may require, be given to him, he may seize and detain such timber until proof be
made to the satisfaction of the Minister of the Interior, or of such Crown timber agent
or officer, that such timber has not been cut without authority, and is not liable, either
in whole or in part, to Crown dues of any kind; and if such proof be not made within
thirty days after such seizure, such timber may be dealt with as timber cut without
authority, or on which the Crown dues have not been paid according to the circum-
stances of the case, and the dues thereon may be recovered as provided in the fifty-
fourth section.
63. And whenever any timber is seized for non-payment of Crown dues, or for any
cause of forfeiture, or any prosecution is brought for any penalty or forfeiture under
this act, and any question arises whether the said dues have been paid on such timber,
or whether the said timber was cut on other than any of the Dominion lands aforesaid,
the burden of proving payment, or on what land the said timber was cut, shall lie on
the owner or claimant of such timber, and not on the officer who seizes the same, or
the party bringing such prosecution.
SLIDES, &C.
64. No sale or grant of any Dominion lands shall give or convey any right or title
to any slide, dam, pier or boom, or other work, for the purpose of facilitating the
descent of timber or saw-logs, previously constructed on such land, or on any stream
passing through or along such land, unless it be expressly mentioned in the letters pat-
ent or other documents establishing such sale or grant, that such slide, dam, pier or
boom, or other work, is intended to be thereby sold or granted.
1. The free use of slides, dams, piers, booms or other works on streams, to facilitate
the descent of lumber and saw-logs, and the right of access thereto for the purpose of
using the same and keeping them in repair, shall not in any way be interrupted or
obstructed by or in virtue of any sale or grant of Dominion lands made subsequent to
the construction of such works.
65. The free use, for the floating of saw-logs and other timber rafts and drams, of
all streams and lakes that may be necessary for the descent of timber from Dominion
lands, and the right of access to such streams and lakes, and of passing and repassing
on or along the land on either side thereof, and wherever necessary for such use thereof,
and over all existing or necessary portage roads past any rapids or falls, or connect-
ing such streams or lakes, and over such roads, other than road allowances, as owing
to natural obstacles, may be necessary for the taking out of timber or saw-logs from
Dominion lands, and the right of constructing slides where necessary, shall continue
uninterrupted, and shall not be affected or obstructed by, or in virtue of, any sale or
grant of such lands.
FOREST TREE CULTURE.
66. Any person, male or female, being a subject of Her Majesty by birth or natural-
ization, and having attained the age of eighteen years, shall be entitled to be entered
for one legal sub-division, not in any case, however, exceeding one hundred and sixt
acres, of unappropriated Dominion lands as a claim for forest tree planting. -
67. Application for such entry shall be made in Form F in the schedule hereto, and
the person so applying shall make an affidavit before the local agent according to Form
492 LAND systEM OF CANADA.
G in the schedule hereto, and shall pay at the time of applying an office fee of ten dol-
lars, in case such legal sub-division is one of one hundred and sixty acres, or of five
dollars, in case such legal sub-division is one of eighty acres, or of two and a half dol-
lars, in case such legal sub-division is one of forty acres, for which fee he or she shall
receive a receipt and also a certificate of entry, and shall thereupon be entitled to enter
into possession of the land.
68. No patent shall issue for the land so entered until the expiration of eight years
from the date of entering into possession thereof, and any assignment of such land
shall be null and void unless permission to make the same shall have been previously
obtained from the minister of the interior. -
69. At the expiration of eight years or at any time within five years after the expi-
ration of the said term, as hereinafter provided, the person who obtained the entry,
or, if not living, his or her legal representative or assigns, shall receive a patent for
the land so entered on proof to the satisfaction of the local agent as follows:
1. That five acres of the land so entered, in case the same consists of a legal sub-
division of one hundred and sixty acres, shall be broken or ploughed the first year after
entry, and an equal quantity during the second year after entry;
2. That the five acres of the land entered, which have been broken or ploughed during
the first year, shall be cultivated to crop during the second year, and the five acres
broken or ploughed during the second year shall be cultivated to crop during the third
ear;
3. That the five acres broken or ploughed during the first year, and cultivated to
crop during the second year as above provided, shall be planted in trees, tree-seeds or
cuttings during the third year, and the five acres broken or ploughed during the second
year, and cultivated to crop during the third year as above provided, shall be planted
in trees, tree-seeds or cuttings during the fourth year:
Provided that in cases where the land entered consists of a legal sub-division less
than one hundred and sixty acres, then the respective areas requiring to be broken or
ploughed, cultivated to crop and planted, under this sub-section and the two sub-sec-
tions next preceding, shall be proportionately less in extent :
Provided also, that the Minister of the Interior, in his discretion, and on his being
satisfied that any trees, tree-seeds, or cuttings, may have been destroyed from any
cause not within the control of the person holding the tree-claim, may grant an exten-
sion of time for carrying out the provisions of the three sub-sections next preceding:
Provided also, that at the expiration of the said term of eight years, or at any time
within five years thereafter, the person obtaining such tree-claim, on proving to the
satisfaction of the minister of the interior that he or she has planted not less than
two thousand seven hundred trees on each acre of the portion broken or ploughed and
cultivated to crop as hereinbefore provided, and that at the time of applying for a pat-
ent for the tree-claim, there are then growing thereon at least six hundred and seventy-
five living and thrifty trees to each acre, the claimant shall receive a patent for the
legal sub-division entered.
70. If at any time the claimant fails to do the breaking up or planting or either, as
required by this act, or any part thereof, or fails to cultivate, protect and keep in good
condition, such timber, then and upon such event the land entered shall be liable to
forfeiture in the discretion of the minister of the interior, and may be dealt with in
the same manner as homesteads which may have been cancelled for non-compliance
with the law as set forth in sub-section sixteen of section thirty-three of this act.
71. Provided that no person who may have obtained pre-emption entry of a quarter-
section of land in addition to his homestead entry under the provisions of sub-section
one, of section thirty-four of this act, shall have the right to enter a third quarter-sec-
tion as a tree-planting claim ; but such person, if resident upon his homestead, may
have the option of changing the pre-elmption entry of the quarter-section, or of a less
quantity of such quarter-section, for one under the foregoing provisions, and on ful-
filling the preliminary conditions as to affidavit and fee, may receive a certificate for
such quarter-section, or for such quantity thereof as may have been embraced in the
application; and thereupon the land included in such change of entry shall become
subject in all respects to the provisions of this act relating to tree planting.
72. Any person who may have been entered for a tree-planting claim under the
foregoing provisions, and whose right may not have been forfeited for non-compliance
with the conditions thereof, shall have the same rights of possession, and to eject tres-
passers from the land entered by him as are given to persons on homesteads under sub-
section seventeen of section thirty-four of this act, and the title to land entered for a
tree-planting claim shall remain in the government until the issue of a patent therefor,
and such land shall not be liable to be taken in execution before the issue of the
a tent.
p 73. Persons who may have been entered under the provisions of the act thirty-
nine Victoria, chapter nineteen, for land as a claim for tree-planting, māy, if they
choose to do so, avail themselves of the provisions of this act in that behalf.
LAND SYSTEM OF CANADA. 493
PATENTS,
74. A deputy governor may be appointed by the Governor-General, who shall have
the power in the absence or under instructions of the Governor-General to sign letters-
patent of Dominion lands; and the signature of such deputy governor to such patents
shall have the same force and virtue as if such patents were signed by the governor-
eneral. -
g 75. Whenever a patent has been issued to or in the name of a wrong party or Con-
tains any clerical error, misnomer or wrong or defective description of the land thereby
intended to be granted, or there is in such patent an omission of the conditions of the
grant, the Minister of the Interior may (there being no adverse claim) direct the defect-
ive patent to be cancelled and a correct one to be issued in its stead, which corrected
patent shall relate back to the date of the one so cancelled and have the same effect
as if issued at the date of such cancelled patent. -
76. In all cases in which grants or letters patent have issued for the same land, in-
consistent with each other, through error, and in all cases of sales or appropriations of
the same land inconsistent with each other, the minister of the interior may order a
new grant equivalent in value to the land of which any grantee or purchaser is there-
by deprived, at the time the same was granted; or may, in cases of sale, cause repay-
ment to be made of the purchase-money with interest; or when the land has passed
from the original purchaser, or has been improved before the discovery of the error,
or when the original grant was a free grant, the Minister of the Interior may assign
land or grant a certificate entitling the party to purchase Dominion lands of such
value as to him, the minister of the interior, may seem just and equitable under the
circumstances; but no claim under this clause shall be entertained unless it is pre-
ferred within five years after the discovery of the error.
77. Whenever, by reason of false survey, or error in the books or plans of the Do-
minion lands office, any grant, sale or appropriation of land is found to be deficient,
the Minister of the Interior may order a free grant equal in value to the ascertained
deficiency at the time such land was granted or sold; or in case any parcel of land
contains less than the quantity of land mentioned in the patent therefor, the minister
of the interior may order the purchase-money of so much land as is deficient, with in-
terest thereon at the rate of six per centum per annum, from the time of the applica-
tion therefor, to be paid back to the purchaser; or if the land has passed from the
original purchaser, then the purchase-money which the claimant (provided he was
ignorant of the deficiency at the time of his purchase) has paid for so much of the
land as is deficient, with interest thereon, from the time of the application therefor, to
be paid to him in land or in money, as he, thre minister of the interior, may direct; or
in case of a free grant, he may order a grant of other land, equal in value to the land
so intended as a free grant, at the time such grant was made; but no such claim shall
be entertained unless application has been made within five years from the date of the
patent, nor unless the deficiency is equal to one-tenth of the whole quantity described
as being contained in the particular lot or parcel of land granted. *
78. In all cases wherein patents for lands have issued through fraud, or in error, or
improvidence, any court having competent jurisdiction in cases respecting real property
in the province or place where such lands are situate, may, upon action, bill or plaint
respecting such lands and upon hearing of the parties interested, or upon default of the
said parties after such notice of proceeding as the said court shall order, decree such
patent to be void; and upon the registry of such decree in the office of the registrar-
general of the Dominion, such patent shall be void to all intents.
79. When any settler, purchaser or other person refuses or neglects to deliver up
possession of any land after forfeiture of the same under the provisions of this act, or
whenever any person is wrongfully in possession of Dominion land, and refuses to vacate
or abandon possession of the same, the minister of the interior may apply to a judge of
any court having competent jurisdiction in cases respecting real property in the prov-
ince or place in which the land lies, for an order in the form of a writ of ejectment or
of habere facias p088essionem, and the said judge, upon proof to his satisfaction that such
land was so forfeited, and should properly revert to the crown, shall grant an order
upon the settler or person or persons in possession, to deliver up the same to the Min-
ister of the Interior or person by him authorized to receive such possession; and such
order shall have the same force as a writ of habere facias possessionem, and the sheriff
shall execute the same in like manner as he would execute the said writ in an action
of ejectment or petitory action.
80. The Minister of the Interior shall keep a book for registering, at the option of
the parties interested, any assignment of rights to Dominion lands which are assigna-
ble under this act, upon proof to his satisfaction that such assignment is in conformity
with this act; and every assignment so registered shall be valid against any other
previously made but subsequently registered, or unregistered; but any assignment to
be registered must be unconditional, and all conditions on which the right depends
must have been performed, or dispensed with by the Minister of the Interior before the
assignment is registered. *
494 LAND SYSTEM OF CANADA.
S1. On any application for a patent by the heir, assignee, devisee or legal represent-
ative of a party dying entitled to such patent, the Minister of the Interior may receive
proof of the facts in such manner as he may see fit to require, and upon being satisfied
that the claim has been justly established may allow the same and cause a patent to be
issued accordingly; but nothing in this section shall limit the right of the party claim-
ing a patent to make his application as provided for in section twenty-six of this act.
S2. Every entry, receipt or certificate issued by an agent of Dominion lands shall,
unless such entry shall have been revoked or cancelled by the minister of the interior,
entitle the person to whom the same was granted to maintain suits at law or in equity
against any wrong doer or trespasser on the lands so entered, as effectually as he could
do under a patent of such land from the Crown.
SURVEY'S AND SURVEYORS.
WHO SHALL BE COMPETENT TO SURVEY THE DOMINION LANDS.
S3, No person shall act as surveyor of Dominion lands unless he shall, before the
fourteenth day of April, 1872, have been duly qualified by certificate, diploma or com-
mission, to survey the Crown lands in some one on the provinces of the Dominion, or
shall have become qualified under the provisions hereinafter set forth.
[NOTE.-Subdivision of the lands and the interior surveys of blocks of four townships
are done by contract surveyors, the exterior lines of these blocks being run and fixed by
the corps of surveyors.]
1. Persons qualified under the said provisions shall be styled “Dominion land sur-
veyors,” or “ Dominion topographical surveyors,” as the case may be.
|BOARD OF EXAMINERS.
S4. There shall be a board of examiners for the examination of candidates for com-
missions as Dominion land surveyors, or as articled pupils, to consist of the surveyor
general and eight other competent persons to be appointed from time to time by order
in council, and the meetings of the board shall commence on the second Monday in the
months of May and November in each year, and may be adjourned from time to time;
and the place of Imeeting shall be at Ottawa, or at some place in Manitoba or the
Northwest Territories, as the same shall, from time to time, be fixed, and made public
by notice in the Canada Gazette.
1. Each member of the said board shall take an oath of office according to Form C,
to be administered by a judge of any one-of the superior courts in any province in the
Dominion, who is hereby authorized and required to administer such oath; and any
three of the said members shall form a quorum.
2. The said board shall, from time to time, appoint a fit and proper person to be
secretary thereof, who shall keep a record of its proceedings.
. S5. No person shall be admitted as an articled pupil with any Dominion land sur-
veyor unless he has previously passed an examination before the board of examiners,
or before one of the members thereof, or before some surveyor deputed by the board
for the purpose, as to his ability to write English correctly, and also as to his knowl-
edge of vulgar and decimal fractions, the extraction of the square and cube roots, of
the first three books of Euclid, the rules of plane trigonometry, the mensuration of
superficies and use of logarithms, and has obtained a certificate of such examination
and of his proficiency from such board.
S6. Applicants for such examination, previous to being articled, shall give notice to
the Secretary of the board of their desire to present themselves for examination ;
whereupon such officer shall instruct them accordingly as to the mode in which they
must proceed. -
87. Any Dominion land surveyor may, by an instrument in writing, transfer a pupil,
with his own consent, to any other Dominion land surveyor, with whom such pupil
may serve the remainder of his term. tº
88. If any Dominion land surveyor dies or leaves the Dominion, or is suspended or
disulissed, his pupil may complete his term under articles, as aforesaid, with any other
Dominion land surveyor.
89. Articled pupils must transmit to the secretary of the board, within three months
of the date of their articles, a duplicate thereof, together with a fee of two dollars for
receiving and filing the same ; and the said secretary shall acknowledge the receipt
of such papers, and shall carefully file and keep the same with the records of the board.
90. No pupil shall be entitled to be examined before such board unless he shall have
previously served regularly and faithfully for and during the period of three successive
years, under articles in writing, in the form D, duly executed before two witnesses,
as pupils to a Dominion land surveyor, nor unless he shall produce a certificate from
such surveyor of his having so served during the said period, and shall also produce
satisfactory testimony as to his character for probity and sobriety.
91. Any person who, subsequently to the fourteenth day of April, one thousand eight
hundred and seventy-two, shall have been duly qualified by certificate, diploma or

LAND SYSTEM OF CANADA. 495
commission, to survey lands in any province of the Dominion, in which, in order to
be so qualified, a course of study, including the subjects prescribed by section ninety-
five, is required by the law of such province, shall be entitled to obtain, without being
subjected to any examination other than as regards the system of survey of Dominion
lands, a commission as dominion land surveyor: Provided that it shall rest with the
board of examiners to decide whether the qualifications required of a surveyor of
Crown lands in such province are sufficiently similar to those set forth in the said sec-
tion ninety-five of this act, to entitle him, under the foregoing provisions, to such
commission : And provided further, that it must be shown that such province has
reciprocated the privilege hereby granted, by granting to Dominion land surveyors,
on their application, and without subjecting them to an examination except as regards
a knowledge of the survey laws of such province, diplomas, certificates or commissions,
as the case may be, as surveyors of lands within such province.
Land Surveyors holding diplomas, certificates or commissions for provinces of the
Dominion in which the qualifications required by law for surveyors are not similar to
those prescribed by this act, must undergo examination by the board, and satisfac-
torily pass the same, in order to obtain commissions as Dominion land surveyors.
92. Any person who may have been duly admitted as a surveyor of lands in any
part of Her Majesty's dominions other than Canada, shall be entitled to an examina-
tion by the said board, and to a commission, if found qualified, on his producing a
written certificate of a Dominion land surveyor, that such person has within the pre-
vious two years served for one year with him continuously engaged in surveying the
Dominion lands, and that he considers such person as in every way qualified to pass
an examination for a commission as a Dominion land surveyor. -
93. Any person who shall have followed a regular course of study in all the branches
of education required by this act for admission as a Dominion land surveyor through
the regular sessions for at least two years, in any college or university where there
may be organized a complete course of such instruction, and who has thereupon re-
ceived from such college or university a certificate, diploma or degree, vouching
therefor, shall not be obliged to serve three years as aforesaid, but shall be entitled
to examination after one year's service under articles with a Dominion land surveyor.
941. Every person desiring to be examined before the said board shall give due notice
thereof in Writing to the secretary at least one month previous to the meeting of the
board, enclosing with such notice the fee hereinafter prescribed.
95. No person shall receive a commission from the said board authorizing him to prac-
tice as a Dominion land surveyor until he has attained the full age of twenty-one years
and has passed a satisfactory examination before the said board on the following sub-
jects; that is to say: Euclid, first four books, and propositions first to twenty-first of
the sixth book; plane trigonometry, sofar as it includes solution of triangles; the use of
logarithms, mensuration of superficies, including the calculation of the area of right-
lined figures by latitude and departure, and the dividing or laying off land; a knowledge
of the rules for the solution of spherical triangles, and of their use in the application to
surveying of the following elementary problems of practical astronomy:
1. To ascertain the latitude of a place from an observation of a meridian altitude of
the sun or of a star;
: To obtain the local time and the azimuth, from an observed altitude of the sun or
a star;
3. From an observed azimuth of a circumpolar star, when at its greatest elongation
from the meridian, to ascertain the direction of the latter.
He must be practically familiar with surveying operations and capable of intelli-
gently reporting thereon, and be conversant with the keeping of field notes, their plot-
ſing and representation on plans of survey, the describing of land by metes and bounds
for title, and with the adjustments and methods of use of ordinary surveying instru-
ments, and must also be perfectly conversant with the system of survey as embodied
in the “Dominion Lands Acts,” and with the manual of standing instructions and regu-
Jations published from time to time for the guidance of Dominion land surveyors,
96. The board may examine any candidate on oath (which oath may be administered
by any one of the examiners) as to his actual practice in the field and with regard to
his instruments.
97. Each person passing the examination prescribed by this act shall receive a com-
mission from the board in accordance with Form E in the schedule to this act constitut-
ing him a Dominion land surveyor, and shall jointly and severally, with two sufficient
Sureties to the satisfaction of the board, enter into a bond in the sum of one thousand dol-
lars to Her Majesty, her heirs and successors, conditioned for the due and faithful per-
formance of the duties of his office, and shall take and subscribe the oath of allegiance,
and the following oath, before the board of examiners, any one of whom is hereby em-
powered to administer the same: $
“I, , do solemnly swear (or affirm, as the cage may be) that I will
faithfully discharge the duties of a Dominion land surveyor according to law, without
favour, affection, or partiality. So help me God.”
496 LAND SYSTEM OF CANADA.
1. Until the above formalities shall have been gone through, the said commission of
Dominion land surveyor shall have no effect.
2. The said oaths of allegiance and of office shall be deposited in the Dominion lands
office. tº
3. The said bond shall be deposited and kept in the manner prescribed by law with
regard to the bonds given for the like purposes by other public officers of the Domin-
ion, and shall be subject to the same provisions, and shall enure to the benefit of any
party sustaining damage by breach of any condition thereof; and the commission shall
be registered in the office of the registrar-general of the Dominion.
98. Any person entitled to receive or already possessing a comuission as Dominion
land surveyor and having previously given the notice prescribed in section ninety-four
of this act, may be examined as to the knowledge he may possess of the following sub-
jects relating to the higher surveying, qualifying him for the prosecution of extensive
governing or topographic surveys or those of geographic exploration, that is to say:
1. Algebra, including quadratic equations, series, and calculation of logarithms;
2. The analytic deduction of the formulas of plane and spherical trigonometry;
3. The plane co-ordinate geometry of the point, straight line, the circle and ellipse,
transformation of co-ordinates, and the determination either geometrically or analyti-
cally of the radius of curvature at any point in an eclipse;
4. Projections—the theory of those usually employed in the delineation of spheric
surface : g
5. Method of trigonometric surveying, of observing the angles and calculating the
sides of large triangles on the earth's surface, and of obtaining the differences of lati-
tude and longitude of points in a series of such triangles, having a regard to the effect
of the figure of the earth;
6. The portion of the theory of practical astronomy relating to the determination of
the geographic position of points on the earth's surface, and the directions of lines on
the same, that is to say:
Methods of determining latitude—
a. By circum-meridian altitudes,
b. By differences of meridional zenith distance (Talcott's method),
c. By transits across prime vertical;
Determination of azimuth—
a. By extra meridional observations,
b. By meridian transits;
Determination of time—
a. By equal altitudes,
b. By meridian transits;
Determination of differences of longitude—
a. By electric telegraph,
b. By moon culminations; -
7. The theory of the instruments used in connection with the foregoing—that is to
say, the sextant or reflecting circle, altitude and azimuth instrument, astronomic
transit, Zenith telescope and the management of chronometers; also of the ordinary
meteorological instruments, barometer, mercury and aneroid, thermometers, ordinary
and self-registering, anemometer, and rain gauges—and on their knowledge of the
use of the same;
8. Elementary mineralogy and geology, so far as respects a knowledge of the more
common characters by which the mineral bodies that enter largely into the composi-
tion of rocks are distinguished, with their general properties and conditions of occur-
rence; the ores of the common metals and the classification of rocks; and the geology
of North America so far as to be able to give an intelligent outline of the leading geo-
logical features of the Dominion.
99. Persons who pass the above-mentioned examination in the higher branches of
surveying, shall have the fact certified by the board, and shall be designated Domin-
ion topographical surveyors.
100. The following fees shall be paid under the provisions of this act:
1. To the secretary of the board, by each pupil, on giving notice of his desire for
examination preliminary to being articled, one dollar;
2. To the secretary of the board, as the fee due on such examination, ten dollars, and
a further sum of two dollars for certificate;
3. To the secretary of the board, by each pupil, at the time of transmitting to such
secretary the indentures or articles of such pupil, two dollars;
4. To the secretary of the board, by each candidate for either the ordinary or the
higher examination for a commission, with his notice thereof, two dollars;
5. To the secretary of the board, by each applicant obtaining a commission, as his
fee thereon, two dollars;
6. To the secretary of the board, as an admission fee by any candidate receiving a
vommission, twenty dollars, which sum shall also cover the certificate by the board in
the case of a candidate passing the higher examination; but such amount, as also the
LAND SYSTEM OF CANADA. - 497
ten dollars required to be paid under sub-section two of this section, shall be paid to
the receiver-general to the credit of Dominion lands. -
101. Each of the members in attendance at the said board during examinations
and the secretary shall receive five dollars for each day's sitting, and the actual travel-
ling and living expenses incurred by such member, and consequent upon such attend-
ance; and the Minister of the Interior is hereby authorized and required to pay Sugh
sums: Provided, that no member of the board, if at the time of the meeting he be
over one hundred miles distant from the place of meeting, shall receive any allowange
for being present at such meeting, unless such member shall have been previously
specially notified to attend the same by the secretary; and in the case of the exam-
ination of a pupil previous to being articled, by a member of the board, or by a Sur-
veyor deputed by the board for such purpose, such member or such surveyor shall be
paid five dollars for such examination. *
102. The said board may, in their discretion, suspend or dismiss from the practice
of his profession any Dominion land surveyor whom they may find guilty of gross neg:
ligence or corruption in the execution of the duties of his office; but the board shall
not suspend or dismiss such Dominion land surveyor without having previously sum-
moned him to appear in order to be heard in his defence, nor without having heard the
evidence offered both in support of the complaint, and on behalf of such surveyor.
STANDARD OF MEASURE.
103. The measure of length used in the surveys of Dominion lands shall be the
English measure of length, and every Dominion land surveyor shall be in possession
of a subsidiary standard thereof, which subsidiary standard, tested and stamped as
correct by the department of inland revenue, shall be furnished him by the said
department, on payment of a fee of three dollars therefor; and all Dominion land sur-
veyors shall, from time to time, regulate and verify by such standard the length of their
chains and other instruments of measuring.
HOW TO RENEW LOST CORNERS AND OBLITERATED LINES.
104. In all cases when any Dominion land surveyor is employed to run any divid-
ing line or limit between sections, or other legal subdivisions, or wood lots, and the
mound, post or monument, erected, marked or planted in the original survey to define
the corner of such section, or other legal subdivisions, or wood lot, cannot be found,
he shall obtain the best evidence that the nature of the case may admit of respecting
such corner mound, post or monument ; but if the same cannot be satisfactorily ascer-
tained, then he shall measure the true distance between the nearest undisputed corner
mounds, posts or monuments and divide such distance into such number of sections or
other legal subdivisions, or wood lots (as the case may be) as the same contained in the
original survey, giving to each a breadth proportionate to that intended in such orig-
inal survey, as shewn on the plan and field notes thereof of record in the Dominion
lands office; and if any portion of the township or section line (as the case may be)
on which such corner mound, post or monument was or should have been planted in
the original survey, should be obliterated and lost, then the surveyor shall renew such
township or section line (as the case may be) and shall draw and define the same on
the ground, in such manner as to leave each and every of the adjoining sections or other
legal subdivisions (as the case may be) of a width and depth proportionate to that
severally returned for such section or legal subdivision in the original survey, and shall
erect, plant or place such intermediate mounds, posts or monuments as he may be re-
quired to reect, plant or place, in the line so ascertained, having due respect to any al-
lowance for a road or roads, and the corner, or division, or limit so found shall be the
true corner or division or limit of such section or other legal subdivision, or wood lot.
HOW LEGAL SUBDIVISIONS ARE TO BE SURVEYED AND LAID OUT.
105. In all cases when a Dominion land surveyor is employed to lay out a given half-
section or quarter-section, he shall effect the same by connecting the opposite orig-
inal quarter-section corners (should the same be existing, or if the same be not exist-
ing, by connecting the several points in lieu thereof found in accordance with the pre-
ceding clause) by straight lines; and in laying out other and minor legal subdivisions,
in any quarter-section, or any wood lof, he shall give such legal subdivision or wood
lot, as the case may be, its proportionate share of the frontage and interior breadth of
such quarter-section, and connect the points so found by a straight line ; and the lines
or limits so drawn as above on the ground, shall in the respective cases be the true lines
or limits of such half-section or quarter-section, or other legal subdivision, or wood lot,
Whether the same shall or shall not correspond with the area expressed in the respect-
ive patents for such lands.
TO DRAW DIVISION LINES IN FRACTIONAL SECTIONS.
106. The dividing lines or limits between legal subdivisions or wood lots infractional
sections shall be drawn from the original corners (or the points representing such cor-
32 L O—WOL III
498 LAND SYSTEM OF CANADA.
ners, as defined on the ground in accordance with the provisions of the act) in the
section line intended as the front of such subdivision or wood lot, at right angles to such
section line.
ORIGINAL BOUNDARY LINES.
107. All boundary lines of townships, sections or legal subdivisions, towns or vil-
lages, and all boundary lines of blocks, gores and commons, all section lines and gov-
erning points, all limits of lots surveyed, and all mounds posts or monuments, run and
marked, erected, placed or planted at the angles of any townships, towns, villages,
Sections or other legal subdivisions, blocks, gores, commons and lots or parcels of land,
under the authority of this act or of any order of the governor in council, shall be the
true and unalterable boundaries of such townships, towns and villages, sections or
other legal subdivisions, blocks, gores, commons and lots or parcels of land respectively,
whether the same upon admeasurement be or be not found to contain the exact area
or dimensions mentioned or expressed in any patent, grant or other instrument in re-
spect of any such township, town, village, section or other legal subdivision, block,
gore, common, lot or parcel of land.
108. Every township, section or other legal subdivision, town, village, block, gore,
common, lot or parcel of land, shall consist of the whole width included between the
Several mounds, posts, monuments or boundaries respectively, so erected, marked,
placed or planted as aforesaid, at the several angles thereof, and no more or less, any
Quantity or measure expressed in the original grant or patent thereof notwithstand-
Ing.
109. Every patent, grant or instrument purporting to be for any aliquot part of any
section, or other legal subdivision, block, gore, common, lot or parcel of land, shall be
construed to be a grant of such aliquot part of the quantity the same may contain on
the ground, whether such quantity be more or less than that expressed in such patent,
grant or instrument. -
110. In every town and village in Manitoba or the Northwest Territories, which
may be surveyed and laid out under the provisions of this act, all allowances for any
road, street, lane, lot or common, laid out in the original survey of such town or vil-
lage, shall be public highways and commons; and all mounds, posts or monuments,
placed or planted in the original survey of such town or village, to designate or define
any allowance for a road, street, lane, lot or common, shall be the true and unalter-
able boundaries of such road, street, lane, lot or common ; and all Dominion land sur-
veyors employed to make surveys in such town or village shall follow and pursue the
same rules and regulations in respect of such surveys as are by law required of thems
when employed to make surveys in townships.
111. For better ascertaining the original corner or limits of any township, section,
or other legal subdivision, lot or tract of land, every Dominion land surveyor acting
in that capacity may administer an oath or oaths to each and every person whom be
may examine concerning any corner mound, post, monument or other boundary, or
any original landmark, line, limit or angle, of any township, section or other lega}
subdivision, lot or tract of land which such Dominion land surveyor is employed to
survey.
EVIDENCE BEFORE SURVEYORS.
112. When any Dominion land surveyor is in doubt as to the true corner, bound-
ary or limit of any township, section, lot or tract of land which he is employed to sur-
vey, and has reason to believe that any person is possessed of any important informa-
tion touching such corner, boundary or limit, or of any writing, plan or document
tending to establish the true position of such corner, boundary or limit, then if such
person does not willingly appear before and be examined by such surveyor, or does
not willingly produce to him such writing, plan or document, such surveyor may apply
to any justice of the peace for an ordinary subpasna as witness, or a subpagna duces tecum,
as the case may require, accompanying such application by an affidavit, or Solemn
declaration to be made before such justice of the peace, of the facts on which the ap-
plication is founded, and such justice may issue a subpasna accordingly, commanding
such person to appear before the surveyor at a time and place to be mentioned in the
&ubpagna, and (if the case require it) to bring with him any writing, plan or document
mentioned or referred to therein.
1. Such gubpoena shall be served on the person named therein by delivering a copy
thereof to him or by Reaving the same for him with some grown person of his family
at his residence, exhibiting to him or such grown person the original.
2. If the person commanded to appear by such subpoena after being paid his reason-
able expenses, or having the same tendered to him, refuses or neglects to appear be-
fore the surveyor at the place and time appointed in the subpasna, or to produce the
writing, plan or document (if any) therein mentioned or referred to, or to give such.
evidence and information as he may possess touching the boundary or limit in question,
a warrant by the justice for the arrest of such person may be issued, and he may be
*
LAND SYSTEM OF CANADA. 499
punished accordingly by fine not exceeding one hundred dollars, or imprisonment not
exceeding ninety days, or both, in the discretion of such justice.
113. All evidence taken by any Dominion land surveyor as aforesaid shall be re-
duced to writing, and shall be read over to the person giving the same, and be signed
by such person, or, if he cannot write, he shall acknowledge the same as correct before
two witnesses, who shall sign the same, as also the Dominion land surveyor; and such
evidence shall, and any document or plan prepared and sworn to as correct before a
justice of the peace, by any Dominion land surveyor, with reference to any survey by
him performed, may be filed and kept at the registry office of the place in which the
lands to which the same relates are situate, subject to be produced thereafter in evi-
dence in court.
114. Any Dominion land surveyor, when engaged in the performance of his duties
as such, may pass over, measure along, and ascertain the bearings of any township or
section line, or other government line, and for such purposes may pass over the lands
of any person whomsoever, doing no actual damage to the property of such person.
PROTECTION TO SURVEYORS.
115. If any person in any part of the Dominion lands interrupts, molests, or hinders
any Dominion land surveyor, while in the discharge of his duty as a surveyor, such
person shall be guilty of a misdemeanour, and being thereof lawfully convicted in any
court of competent jurisdiction, shall be punished either by fine or imprisonment, or
both, in the discretion of such court—such imprisonment being for a period not exceed-
ing two months, and such fine not exceeding twenty dollars, without prejudice to any
civil remedy which such Dominion land surveyor or any other party may have against
such offender for damages occasioned by such offence.
116. If any person knowingly and wilfully pulls down, defaces, alters, or removes
any mound, post or monument erected, planted or placed in any original survey under
the provisions of this act, or under the authority of any order in council, such per-
son shall be deemed guilty of felony; and if any person knowingly and wilfully de-
faces, alters, or removes any other mound or landmark, post or monument placed by
any Dominion land surveyor to mark any limit, boundary or angle of any township,
section or other legal subdivision, lot or parcel of land in Manitoba, or the Northwest.
Territories, such person shall be deemed guilty of a misdemeanour; and being convicted
thereof before any competent court, shall be liable to be punished by fine or imprison-
ment, or both, at the discretion of such court—such fine not to exceed one hundred
dollars, and such imprisonment not to be for a longer period than three months, with-
out any prejudice to any civil remedy which any party may have against such offender
or offenders for damages occasioned by reason of such offence: Provided, that nothing
in this act shall extend to prevent Dominion land suryeyors, in their operations, from
taking up posts or other boundary marks when necessary, after which they shall care-
fully replace them as they were before.
117. Every Dominion land surveyor shall keep exact and regular journals and
field notes of all his surveys of Dominion lands, and file them in the order of time in
which the surveys shall have been performed, and shall give copies thereof to the par-
ties concerned when so required; for which he is hereby allowed the sum of one dollar
for each copy, if the number of words therein do not exceed four hundred, but if the
number of words therein exceed four hundred, he is allowed ten cents additional for
every hundred words over and above four hundred words.
118. There shall be allowed to every Dominion land surveyor summoned to attend
any court, civil or criminal, for the purpose of giving evidence in his professional
capacity as a Surveyor, for each day he so attends (in addition to his reasonable trav-
elling and living expenses), and to be taxed and paid in the manner by law provided,
With regard to the payment of witnesses attending such court, five dollars.
ASSIGNMENTS.
119. The surveyor-general shall keep a book for registering, at the option of the
parties interested, the particulars of any assignment made, as well by the original
nominee, purchaser, or locatee or lessee of Dominion lands, or his heir or legal repre-
Sentative, as by any subsequent assignee; and upon such assignment being produced
With the affidavit of due execution thereof, and of the time and place of such execu-
tion, and the names, residences and occupations of the witnesses, the said surveyor-
general shall cause the material particulars of every such assignment to be registered
in Sºgh book of registry, and shall cause to be endorsed on every such assignment a
certificate of such registration; and every such assignment so registered shall be valid
against any one previously executed, and subsequently registered or unregistered, but
all assignments to be registered must be unconditional, and all the conditions of sale,
grant or location, must have been complied with, or if dispensed with, then so dis-
pensed with by the Minister of the Interior, before such registration is made.
120. If any subscribing witness to any such assignment is deceased or cannot be
º
~'.' ...—--º
$500 LAND SYSTEM OF CANADA.
found, the said surveyor general may register such assignment on the production of
an affidavit proving the death or the absence of such witness and the hand-writing of
the party making such assignment.
TARIFF OF FEES.
121. The governor in council may establish a tariff of fees to be charged for all
copies of maps, township plans, field notes and other records; also for registering as-
signments; and all fees received under such tariff shall be accounted for by the sur-
veyor-general, and shall form part of the revenue from Dominion lands.
TOWNSHIP PLANS AND PATENT LISTS.
122, The surveyor-general shall transmit to the registrar of every county, and
ºregistration district, and division in Manitoba and the Northwest Territories, a copy
of the plan of each township or parish within such county, district or division which
has been previously surveyed, and the survey of which has been confirmed, and shall
aiso at the same time transmit a list of all Dominion lands, within such county, dis-
trict or division, for which patents may have previously issued; and further, shall,
as early as possible in each year thereafter, transmit to such registrar a copy of the
map of each township in such county, district or division, surveyed in the year next
preceding, together with a list of the lands in such county, district or division, patented
during such year. All of such copies of plans, maps and lists of lands patented, shall
be certified by the surveyor-general.
LAND SCRIP.
123. Whereas by the fifth sub-section of the thirty-second section of the act passed
in the thirty-third year of Her Majesty's reign, chapter three, it is provided that the
rights of common and of cutting hay held and enjoyed by the settlers in the province
of Manitoba, may be commuted by grants of land from the Crown; and whereas the
method of commuting the said rights by an issue of scrip redeemable only in land, is
most convenient and expedient ; and whereas it is also expedient to affirm the prin-
ciple that rights to Dominion land may be satisfied by an issue of scrip; therefore, the
orders of the governor in council, dated respectively the sixth day of September, one
thousand eight hundred and seventy-three, and the seventeenth day of April, one
thousand eight hundred and seventy-four, providing for the issue of Scrip in commu-
£ation of the rights of common and of cutting hay in Manitoba, are hereby confirmed.
H 24. The governor in council may, if deemed by him expedient, satisfy any claim
which may hereafter arise to grants of Dominion lands, by an issue of scrip redeem-
able only by its receipt in payment for such land.
"GENERAL PROvISIONs.
125. The following powers are hereby delegated to the governor in council:—
a. To withdraw from the operation of the said act, subject to their existing rights
as defined or created under the same, such lands as have been reserved for Indians, or
such as may be required to satisfy the half-breed claims created under section thirty-
one of the act thirty-three Victoria, chapter three;
b. To reserve from general sale and settlement Dominion lands to such extent as
may be required to aid in the construction of railways in Manitoba or in the Territo-
ries owned by the Dominion, and to provide for the disposal of such lands, notwith-
standing anything contained in the said act, in such manner and on such terms as may
be deemed expedient;
c. To encourage works undertaken with a view of draining and reclaiming swamp
lands by granting to the promoters of such works remuneration in the way of grants
of such portions of the lands so reclaimed as may be deemed fair and reasonable;
4. To grant land—in no case, however, to exceed in extent, nine hundred and sixty
acres—to any person or persons who will establish and keep in operation thereon for
a term of not less than five years, a school of instruction in practical farming and all
matters pertaining thereto, adapted for thirty pupils, with the approval and to the
satisfaction of the minister of the interior;
e. To satisfy any claims existing in connection with the extinguishment of the
Indian title, preferred by half-breeds resident in the Northwest Territories outside
of the limits of Manitoba, on the fifteenth day of July, one thousand eight hundred
and seventy, by granting land to such persons, to such extent and on such terms and
conditions, as may be deemed expedient;
f. To investigate and adjust claims preferred to Dominion land situate outside of
the province of Manitoba, alleged to have been taken up and settled on previous to
the fifteenth day of July, eighteen hundred and seventy, and to grant to persons sat-
isfactorily establishing undisturbed occupation of any such lands, prior to, and, being
by themselves or their servants, tenants or agents, or those through whom they claim,
in actual peaceable possession thereof at the said date, so much land in connection
with and in satisfaction of such claims, as may be considered fair and reasonable;
LAND SYSTEM OF CANADA. 50}
g. To make such orders as may be deemed necessary from time to time to carry out,
the provisions of the said act according to their true intent, or to meet any cases which
may arise and for which no provision is made in the said act; and further to make and
declare any regulations which may be considered necessary to give the provisions in this,
section contained full effect; and from time to time to alter or revoke any order or
orders or any regulations made in respect of the said provisions, and make others in
their stead; and such orders or regulations shall be published in the Canada Gazette
and in such newspapers as the minister of the interior may direct, and shall be laid
before Parliament within the first ten days of the session next after the date thereof.
126. All affidavits, oaths, solemn declarations or affirmations required to be taken
or made under this act may be taken before the judge or clerk of any county or cir-
cuit court, or any justice of the peace, or any commissioner for taking affidavits, or
any dominion lands agent or officer, or any person specially authorized to take such,
affidavits by the minister of the interior.
127. In any case where an affidavit or oath is required by this act, a solemn affirma-
tion may be administered and made instead of an oath, by any person who is by lawſ
permitted in civil cases to make a solemn affirmation instead of taking an oath.
PREVIOUS ORDERS IN COUNCIL.
128. All proceedings properly taken under the respective orders in council, on the
subject of the Public Lands in the Province of Manitoba, dated the twenty-fifth of April,
one thousand eight hundred and seventy-one, and the twenty-sixth of May, following:
the said date, are hereby confirmed, and the said respective orders, except the provis–
ion therein respecting pre-emption rights, which is hereby repealed and done away.
with, (and except such of the provisions thereof as may be inconsistent with the pro-
visions of this act, and which are hereby revoked), shall be and remain in force: Pro-
vided that this enactment shall in no way affect the provisions of the act passed irº,
the thirty-sixth year of Her Majesty's reign, chapter thirty-eight.
129. Subject to the provisions hereinafter made, the act passed in the thirty-fifth
year of Her Majesty’s reign and intituled “An act respecting the public lands of the
Dominion,” and the act passed in the thirty-seventh year of Her Majesty’s reign, and
intituled “An act to amend the Dominion lands act,” and the act passed in the thirty-
ninth year of Her Majesty's reign, and intituled “An act to amend the Dominion lands.
acts,” are hereby repealed, and this act is substituted for them : Provided always,
that all enactments repealed by any of the said acts shall remain repealed, and that.
all things lawfully done and all rights acquired or liabilities incurred under them or
any of them shall remain valid and may be enforced, and all proceedings and things.
lawfully commenced under them or any of them may be continued and completed,
under this act, which shall not be construed as a new law, but as a consolidation and
continuation of the said repealed acts subject to the amendments hereby made and
incorporated with them; and anything heretofore done under any provision in any of
the said repealed acts which is repeated without alteration in this act, may be alleged
or referred to as having been done under the act in which such provision was made,
or under this act.
SCHED ULE.
FORM A.—See Section 34.
APPLICATION FOR A HOMESTEAD RIGHT. e.
I, Of do hereby apply to be entered, under the provisions of the “Domin-
ion lands act, 1878,” for quarter quarter-sections, numbers and forming part,
of section number of the township of containing acres, for the purpose
of securing a homestead right in respect thereof.
e
FORM B.—See Section 34, Sub-section 8.
AFFIDAVIT IN SUPPORT OF CLAIM FOR HOMESTEAD RIGHT.
I, A. B., do solemnly swear (or affirm as the case may be) that I am over eighteen,
years of age, that I have not previously obtained a homestead under the provisions of
the Dominion lands act, that the land in question belongs to the class open for home-
stea', entry; that there is no person residing or having improvements thereon, and that
the application is made for my exclusive use and benefit, with intention to reside upon
and cultivate the said land. So help me God.
502 LAND SYSTEM OF CANADA.
FORM C.—See Section 84, Sub-section 1.
OATH OF MEMBERS OF BOARD OF EXAMINERS.
I, A. B., do solemnly swear (or affirm as the case may be) that I will faithfully dis-
charge the duty of an examiner of candidates for commissions as dominion land or
topographical surveyors, according to law, without favour, affection or partiality. So
help me God.
FORM D. —See Section 90.
ARTICLES OF PUPIL TO DOMINION LAND SURVEYOR.
These articles of agreement, made the day of one thousand eight hundred
and between A. B., of of Dominion land surveyor of the one part, and
C. D., of and E. F., son of the said C. D. of the other part, witness:
That the said E. F., of his own free will, and by and with the consent and approba-
tion of the said C. D., doth, by these presents, place and bind himself pupil to the
said A. B. to serve him as such from the day of the date hereof, for and during and
until the fnll end and term of three years from hence next ensuing, and fully to be
completed and ended.
And the said C. D. doth hereby, for himself, his heirs, executors and administrators,
covenant with the said A. B., his executors, administrators and assigns, that the said
E. F. shall well, and faithfully, and diligently according to the best and utmost of
his power serve the said A. B. as his pupil in the practice or profession of a Dominion
land surveyor, which he the said A. B. now followeth, and shall abide and continue
with him from the day of the date hereof, for and during and unto the full end of the
said term of three years.
And that he the said E. F. shall not, at any time during such term, cancel, obliter-
ate, injure, spoil, destroy, waste, embezzle, spend or make away with any of the books,
papers, writings, documents, maps, plans, drawings, field-notes, moneys, chattels, or
other property of the said A. B., his executors, administrators or assigns, or of any of
his employers; and that in case the said E. F. shall act contrary to the last-mentioned
covenant, or, if the said A. B., his executors, administrators or assigns, shall sustain or
suffer any loss or damage by the misbehaviour, neglect, or improper conduct of the said
E. F., the said C. D., his heirs, executors, or administrators, will indemnify the said A.
B., his executors, administrators or assigns, and make good and reimburse him or them.
the amount or value thereof. *
And further, that the said E. F. shall at all times keep the secrets of the said A. B.
in all matters relating to the said business and profession, and will, at all times during
the said term, be just, true and faithful to the said A. B. in all matters and things,
and from time to time to pay all moneys which he shall receive of or belonging to or
by order of the said A. B. into his hands, and make and give true and fair accounts
of all his acts and doings whatsoever in the said business and profession, without fraud
or delay, when and so often as he shall thereto be required; and will readily and
cheerfully obey and execute his lawful and reasonable commands, and shall not depart
or absent himself from the service or employ of the said A. B. at any time during the
said term without his consent first had and obtained, and shall, from time to time, and
at all times during the said term, conduct himself with all due diligence, and with
honesty and sobriety.
And the said E. F. "doth hereby, for himself, covenant with the said A. B., his ex-
ecutors, administrators and assigns, that he the said E. F. will truly, honestly and
diligently serve the said A. B. at all times, for and during the said term, as a faithful
pupil ought to do in all things whatsoever in the manner above specified.
In consideration whereof, and of of lawful money by the said C. D. to the
said A. B., paid at or before the sealing and delivery of these presents (the receipt
whereof is hereby acknowledged), the said A. B. for himself, his heirs, executors and
administrators, doth covenant with the said C. D., his heirs, executors and adminis-
trators, that the said A. B. will accept and take the said E. F. as his pupil, and that
he the said A. B. will, by the best ways and means he may or can, and to the utmost
of his skill and knowledge, teach and instruct, or cause to be taught and instructed,
the said E. F. in the course of study prescribed by section ninety-five of the “Domin-
ion Lands Act, 1879,” in practical surveying operations and in the use of instruments,
and generally in the art, practice and profession of a Dominion land Surveyor, which
be the said A. B. now doth, and shall at all times during the said term, use and prac-
tice, and also will provide the said E. F. with all the necessary and reasonable expen-
ses incurred in transacting or performing the business of the said A. B., and also will,
at the expiration of the said term, give to the said E. F. a certificate of servitude and
use his best means and endeavours, at the request, cost and charges of the said C. D.
LAND SYSTEM OF CANADA 503
and E. F., or either of them, to cause and procure him the said E. F. to be examined
before the board of examiners of candidates for commissions as of Dominion land
surveyors: Provided the said E. F. shall have well, faithfully and diligently served
his said intended pupilage.
And for the true performance of all and every the covenants and agreements afore-
said, according to the true intent and meaning thereof, each of them the said A.B.
and C. D., doth bind himself, his heirs, executors and administrators, unto the other,
his heirs, executors, administrators and assigns, in the penal sum of five hundred
dollars, firmly by these presents.
In witness whereof the parties aforesaid have hereunto set their hands and seals,
the day and year first above written.
A. B. (SEAL.)
C. D. (SEAL.)
E. F. (SEAL.)
Signed, sealed and delivered
in the presence of
G. H.
J. K.
FORM. E.-See Section 97.
COMMISSION AS DOMINION LAND SURVEYOR,
This is to certify to all whom it may concern that A. B., of hath duly
passed his examination before the board of examiners, and hath been found duly quali-
fied to fill the office and perform the duties of Dominion land surveyor, he having
complied with all the requirements of the law in that behalf: Wherefore he the said A.
B. is hereby duly admitted to the said office, and commissioned for the discharge of
ºnties thereof, and is by law authorized to practice as a surveyor of Dominion
3,101C.S.
In witness whereof we, the president and secretary of the said board, have signed
this commission, at , on this day of , one thousand eight hun-
dred and - -
C. D.,
Surveyor-General.
Secretary.
FORM F.—See Section, 67.
APPLICATION FOR LAND FOR FOREST-TREE CULTURE.
I, A. B., do hereby apply to be entered under the provisions respecting forest-tree
culture of “The Dominion Lands Act 1879,” for the section in township number
in the range of the meridian, for the purpose of cultivating forest
trees thereon.
FORM G.-See Section 67.
AFFIDAVIT IN SUPPORT OF CLAIM FOR FOREST-TREE CULTURE.
I, A. B., do solemnly swear (or affirm, as the case may be,) that I am over eighteen
years of age; that I have not previously obtained an entry of land for forest-tree
culture, the extent of which, added to that now applied for, will exceed in all one
bundred and sixty acres; that the land now in question is open prairie and without
timber, and is unoccupied and unclaimed, and belongs to the class open for entry for
tree culture (or, instead of the above, after the word “question,” as the case may be, 8ay,
consists of the quarter-section heretofore entered by me as a pre-emption right, under
the provisions of sub-section one of section thirty-three of the “Dominion Lands
Act,”) and that the application is made for my exclusive benefit. So help me God.
[NOTE.-Attention is called to the testimony of registers and receivers in the “Report
of Public Land Commission, February, 1880,” as to the numerous and perplexing papers
and forms required in the land service of the United States, to make entries or settle-
ment.]
... --~~~
504 LAND SYSTEM OF AUSTRALIA.
ATJSTRALIA.
Australia is estimated to contain 2,983,264 square miles, or 1,909,288,960 acres.
COLONY OF VICTORIA, AUSTRALIA. .
[From Official Report of Colony for 1876.]
There are four kinds of tenure in this colony: freehold lands, purchasedlands, Crowly
lands selected, leased Crown lands under pastoral license.
CROWN LANDS AND HOW DISPOSED OF.
The mode of disposing of Crown lands in Victoria has undergone numerous changes.
At first it was necessary that all land should be offered at auction before passing
into the hands of private individuals, an upset price, according to its value, being placed
upon it by the government. Until 1840 the minimum upset price was 128. per acre ; it
was then raised to 208. Land which had passed the auctioneer's hammer without be-
ing bid for was open to be bought by any one at the upset price. Large blocks of
land called special surveys, and a block of a square mile in extent upon each squat-
ting run, were, under certain orders in council, exempted from auction, and were per-
mitted to be purchased at £1 per acre.
In 1860 the system was changed, and a law was passed permitting surveyed coun-
try lands to be selected at a uniform upset price of £1 per acre, the only exception
being where two or more selectors applied simultaneously for one block, in which
case a limited auction, confined only to such applicants, was to take place. The suc-
cessful selector had the option of either paying for the whole of his block in cash or
only for half; in the latter case, renting the other half at 18. per acre per annum, with
the right to purchase at the same rate per acre as he paid for the first moiety. This
act imposed no conditions as to residence, cultivation, or improvement.
Another change was made in 1862. Large agricultural areas were proclaiuled open
for selection, within which land could be selected at a uniform price of £1 per acre,
lot being substituted for limited auction, in the event of there being more than one
applicant for an allotment. For one-half of the allotinent it was necessary to pay
at once ; but for the remainder the purchase-money was allowed to be paid by instal-
ments of 28. 6d. each, extending over eight years. No more than 640 acres could be
selected by one person in twelve months. Three conditions, to be complied with within
twelve months of the date of selection, were imposed upon selectors under this act ;
the first being that the selections be enclosed with a substantial fence ; the second,
that a habitable dwelling be erected on the land; and the third, that 1 acre out of
every 10 selected be cultivated.
The next change was made in 1865, when an act was passed providing that agri-
cultural land could be acquired by payment of 28, per acre per annum during three
years, and by effecting improvements to the extent of 208. per acre within two years
of the commencement of the lease. These conditions having been complied with, the
lessee might, at the expiration of three years, if he resided upon the land, purchase
his holding at £1 per acre; or, if not, he could require his leasehold to be offered at
auction at the uniform price of 208. per acre, with the value of improvements added
in his favor. There was also a clause” in this act whereby land adjacent to gold fields
could be occupied in blocks of 20 acres each without having been previously surveyed.
The operation of the last-mentioned clause was so successful in leading to the oc-
cupation of the land that free selection before survey was the main principle of the
next land act, which is the one at present in force. This statute was passed in 1869,
and came into operation on the 1st of February, 1870. Under it 320 acres is the largest
amount allowed to be selected by one person. The selection is held under license during
three years, within which period the licensee must reside on his selection at least two
and a half years, must enclose it, cultivate 1 acre out of every 10, and generally effect
substantial improvements to the value of 208. per acre. The rent payable during this.
period is 28. per acre per annum, which is credited to the selector as part payment of
the principal. At the expiration of the three years' license, the selector, if he obtain a
certificate from the board of land and works that he has complied with these conditions,
may either purchase his holding by paying up the balance of 148. per acre, or may con-
vert his license into a lease extending over seven years, at an annual rental of 28. per
acre, which is also credited to the selector as part payment of the fee-simple. On the
;. of this lease, and due payment of the rent, the land becomes the freehold of
the SelectOr.
* The forty-second clause. It was framed to meet the demand for the occupation of land adjacent
to gold fields. Its operation was gradually extended by regulation to a circuit of thirty miles around
gold fields, and the same individual was allowed to hold several 20-acre licenses for the occupation of
adjacent land to the total extent of 160 acres. The licensee was bound either to reside on his holding
or to fence and cultivate a certain portion.
LAND SYSTEM OF AUSTRALIA. 505.
The Crown land sold in 1874 amounted to 531,538 acres, and the extent granted
without purchase to 44 acres. Of the former, 49,656 acres were sold by auction ; the
remainder was selected under the various land acts.
The total extent sold, from the first settlement of the colony to the end of 1874, was.
9,929,388 acres, and the extent granted without purchase was 3,245 acres, making a
total of 9,932,633 acres.
The fee-simple of the whole of this land had passed to the purchaser. A further
extent of land, amounting, at the end of 1874, to about 5,650,000 acres, was in process.
of alienation under the system of deferred payments, and this, too, should the legal
conditions be duly complied with, will pass away from the Crown in the course of a
few years. Then there is land occupied by roads, the sites of towns, state forests,
auriferous, pastoral, and timber reserves, and land which is at present useless owing
to its mountainous character or to its being covered with mallee scrub, lakes, or lagoons.
Deducting the whole of these lands from the area of the colony, estimated at 56,446,720.
acres, the area available for selection at the end of 1874, is found to have amounted to
nearly 15,000,000 acres. This will be better seen by the following table, which shows
the condition of the public estate at that period :
Public estate of Victoria on 31st December, 1874.
Condition of land. No. of acres.
Land alienated in fee-simple.------------------------------------------------------------. 9,932, 633.
Land in process of alienation under deferred payments ---------...--...----------------. 5, 650, 395.
Roads in connection with the above. . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 779, 157
Land included in cities, towns, &c. . . . . . . . . . . . . . . . . .----. ----...----...-...--------------. 231,040
Reserves in connection with pastoral occupation, about . . . . . . . . ..........--...---...----- 350, 000.
Auriferous lands, about . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s sº se s sº s = sº ºr e º 'º - 1, 000, 000
State forests not included in unavailable mountain ranges ----...----...-----.............. 215, 100.
Timber reserves $ $ ” -------------------------------- 306,976
Mallee scrub, unavailable mountain ranges, lakes, lagoons, &c., about ... . . . . . . . . . . .----. 23,000, 000
Area available for selection at end of 1874. . . . . ........... ................................ 14, 981, 419.
Total area of Victoria.-----...... • * * * * * * * * * * * * * * *s as ºs e as s s as as sº º ºs s e ºs º ºs ºs ºg ºs º ºs ºs ºs º ºs º is as s as s as a s 56, 446, 720.
The amount realized for lands sold during the year was £579,051, or an average
of £1 18.9d. per acre. Of this sum, only £206,897 was paid during the year, the re-
mainder having been paid in former years under the deferred payment system. The
land sold by auction included in the above realised £92,696, or an average of £1 178.
4d. per acre, and the land sold otherwise than by auction realised £486,355, or an aver-
age of £108. 2d. per acre.
From the first settlement of the colony to the end of 1874 the amount realized by
the sale of land has been £16,786,146, or at the rate of £1 13s. 10d. per acre.
Subjoined is the number of squatting runs [cattle farms] temporarily occupied at
Will of officials, and the area of Crown lands embraced therein in the year under re-
View and in the first year of each of the two previous quinquennial periods:
Number of Approximate.
I’IIIlS. area.
- - Acres.
*---------------------------------------------------------------- * = • = • * = 1, 177 30,463,999.
1869.-----.... . . . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1,067 27, 703,314
1874----------------- -------------------------------------------------------- 864 24, 230, 128.
The effect of the disposal of Crown lands by sale and selection is shown in the
diminution of the number of runs, and of their contained area. The falling off of the
former was 110, and of the latter 2,760,000 acres in the first quinquenniad, and the
fallingoff of the runs was 203, and of the area 3,470,000 acres in the second quinquenniad.
The average size of runs [cattle farms, or ranches], was 25,884 acres at the first period,
25,964 acres at the second period, and 28,044 acres at the third period.
The rent paid for runs is fixed in accordance with the grazing capabilities of the
land upon the following scale : Four shillings yearly for each head of cattle and
horses the run can depasture, and 8d. for each sheep. In the year under review, the
amount of rent received was £125,938, or at the rate of 1.247d. per acre. In the pre-
vious year, the amount received was £140,786, or at the rate of 1.308d. per acre.
The number of runs with purchased land attached was 482 in 1873, and 455 in
1874. The land so attached was 1,959,394 acres in the former and 1,740,911 acres in.
p06 LAND SYSTEM OF AUSTRALIA.
the latter year, the proportion to each holder at the two periods respectively being
4,065 acres and 3,826 acres. In explanation of the falling off in the purchased land
held in connection with runs, it is to be observed that as soon as the Crown lands at-
tached to a run are altogether purchased it drops out of the list of runs and is consid-
ered as a farm. -
The term run is applied to such holdings only as are occupied under pastoral licenses.
COLONY OF NEW ZEALAND, AUSTRALIA.
[From Official Colonial Report, 1876.] -
LAWS FOR DISPOSAL OF CROWN LANDS.
§
All the waste lands of the Crown within each provincial district are managed by a
board consisting of the waste-lands commissioner, chairman, and five other commis-
sioners, appointed by the governor. The homestead system, as amended in the session
of 1879, is as follows:
HOMESTEAD SYSTEM.–FREE GRANTS,
Provision is made under the act for free selection of homestead grants. Blocks are
specially set apart for the purpose. The lands so dealt with are divided into first-
class lands and second-class lands, according to quality, and are so marked upon the
government plans. The area allowed each person of the age of eighteen years or
upwards is, of first-class lands 50 acres, or of second-class 75 acres; for persons under
eighteen years of age, of first-classlands 20 acres, or of second-lands 36 acres. For each
block a district surveyer or other duly authorized officer is appointed, and intending
settlers must lodge a written application with him between the hours of 10 a.m. and
4 p.m., such application to state names and ages of the applicants, and describe the
situation, class of land, and number of acres they have taken possession of, together
with the date whereon they took possession ; also to whom it is intended that a grant
or grants shall issue upon fulfillment of the conditions of selections; and no applica-
tion shall be received for a less area than 20 acres, and not more than 200 acres of first- .
class or 300 acres of second-class lands can be held or occupied by any number of per-
sons living together in one household. The land will be allotted according to priority,
of application ; but when two or more applications are received at the same time, the
ownership must be decided by lot Every selection must, so far as the features of the
country will permit, be of a rectangular form, and when fronting on a road, river, lake,
or coast, be of a depth not less than three times the length of the frontage—no selec-
tion to monopolize the wood or water or landing-place in any particular locality.
Under special circumstances the waste-lands commissioner may permit occupants to
complete their selections by the purchase of, adjoining lands in blocks of irregular
shape and small extent. Every selector of land shall have the same surveyed at his
own expense by a duly authorized surveyor, and deliver at the waste-lands office,
within six months after taking possession, a correct certified plan. Only the sanction
of the commissioner is necessary until the conditions on which the selection is made
have been finally completed. At the end of the period of five years a grant or grants
shall issue for the lands selected, provided the selector has not forfeited his right
thereto. The conditions to entitle to Crown grant or conveyance are: Continuous
residence on the land for five years; the erection of a permanent dwelling-house,
value £50, within twelve months from the commencement of such residence; annual
cultivation of one-fifteenth of area selected, if open land, or one-twenty-fifth if bush
land, together with the fulfillment of conditions imposed by the act and regulations.
Survey8.—All surveys shall be made by surveyors authorized by the surveyor-gen-
eral, and in accordance with instructions to settlement surveyors issued, not exceed-
ing 30 acres, £5; exceeding .30 and up to 50 acres, 38. per acre; exceeding 50 and up
to 100 acres, 28. 6d. per acre; exceeding 100 and up to 200 acres, 28. per acre, but not
: "; £12 108.; exceeding 200 and up to 300 acres, 18. 8d. per acre, but not less
than £20. -
Whenever two or more sections are surveyed together by the same surveyor, one-
third of the above rates shall be deducted from all areas above 50 acres, and whenever
all or more than one-half the length of the boundary lines shall run through vegeta-
tion less than six feet high, one-third of the schedule rates shall be deducted.
LICENSES FOR CUTTING TIMBER, FLAX, AND OTHER PURPOSES.
Licenses to occupy Crown lands for any period not exceeding seven years may, upon
application to the board, be obtained for cutting timber or flax, raising coal, removal
of clay, Sand, gravel, or stone, digging kauri gum, sites for saw-mills, flour-mills, tan-
neries, fellmongers' yards, slaughter-yards, brick kilns, potteries, ferries, jetties, sites
in thinly inhabited districts for inns and accommodation houses. Area of land and
fee to be fixed by board. ...A -
LAND SYSTEM OF AUSTRALIA. 507
SPECIAL SETTLEMENTS.
The governor sets apart blocks of rural land, and declares the same open for special
settlement, but the total quantity of land so set apart in the colony is not allowed to
exceed 100,000 acres in any one one year. Lands so set apart are sold at a price to be
fixed by competent valuators, not being less than one pound per acre. A deposit of
one-tenth of the price of the block is payable, in manner directed by the governor,
within three months after deposit of survey plan with chief surveyor. Conditions of
improvements to be defined by regulations are necessary to be performed before issue
of Crown grant. Special settlement lands cannot be set aside as such for a longer
period than seven years, and if not taken up within that time may be declared open
to all purchasers as ordinary Crown lands. The governor is empowered to contract
with persons or companies agreeing to promote the settlement of persons upon Such
lands, and the person or companies so contracted with are bound to perform and ob-
serve the terms agreed upon. Rebate in the prices of land is allowed in respect of
adult persons introduced from the United Kingdom, but the total rebate is not to
exceed twenty pounds for each statute adult, and no rebate is made until the gov-
ernor is Satisfied that a number of adults have settled on the land and improved the
same in conformity with the regulations.
COLONY OF NEW SOUTH WALES, AUSTRALIA.
[From work by Charles Robinson, Esq.)
CROWN LANDS—HOW DISPOSED OF.
In 1861 the Parliament passed an act for regulating the alienation of crown lands.
That act is still law, and it offers very great facilities for the acquirement of land by
men of Small means. Anybody is at liberty to take up any quantity of the best land
he can discover, between 40 acres and 320 acres, at £1 an acre; and, on payment of
one-fourth of the puchase money he obtains undisturbed possession. He is not de-
pendent upon the caprice of any official; and he need not wait to have his land sur-
veyed, although, as a matter of fact, the surveyor will speedily follow him, and defin-
itely determine the boundaries of his estate. If the land corterminous to his own has
not been alienated from the Crown, the conditional purchaser is entitled by law to
depasture his stock over an area three times the size of his purchase. This “grazing
right,” as it is called, cannot, however, be relied on with any degree of certainty, for,
in the progress of settlement, these grazing areas are speedily converted into freehold
homesteads by successive conditional purchasers. As soon as the whole of the pur-
chase money has been paid, the government issues the title, which is indefeasible; for
it must be remembered that Torrens' act is in force in this colony, and titles to land
Once registered under it can never be called in question. The interest (5 per cent.)
payable on the unpaid balance of three-fourths of the purchase money is equivalent
to a yearly rental of one shilling for every acre conditionally purchased. The follow-
ing are the words of the act which provide for the conditional sale of unimproved
lands without competition:
“On and from the first day of January, one thousand eight hundred and sixty-two,
Crown lands other than town lands or suburban lands and not being within a pro-
claimed gold field nor under lease for mining purposes to any person other than the
applicant for purchase and not being within areas bounded by lines bearing north,
east, South, and west and distant ten miles from the outside boundary of any city or
town containing according to the then last census ten thousand inhabitants or five
miles to the outside boundary of any town containing according to the then last cen-
sus five thousand inhabitants or three miles from the outside boundary of any town
Containing according to the then last census one thousand inhabitants or two miles
from the outside boundary of any town or village containing according to the then
last census one hundred inhabitants and not reserved for the site of any town or vil-
lage or for the supply of water or from sale for any public purpose and not containing
improvements and not excepted from sale under section seven of this act shall be
Open for conditional sale by selection in the manner following (that is to say) Any
person may upon any land-office day tender to the land agent for the district a
Written application for the conditional purchase of any such lands not less than forty
acres nor more than three hundred and twenty acres at the price of twenty shillings
per acre and may pay to such land agent a deposit of twenty-five per centum of the
purchase money thereof And if no other like application and deposit for the same
land be tendered at the same time such person shall be declared the conditional pur-
chaser thereof at the price aforesaid Provided that if more than one such application
and deposit for the same land or any part thereof shall be tendered at the same time
to such land agent he shall unless all such applications but one be immediately with-
drawn forthwith proceed to determine by lot in such manner as may be prescribed
508 LAND SYSTEM IN BRAZIL.
. regulations made under this act which of the applicants shall become the pur-
CI13 SOT,
It will be seen that the only restrictions upon choice are those which are absclutely
necessary for the protection of the public interests. In consideration, however, of the
liberal terms upon which land may thus be obtained, other sections of the act require
that the conditional purchaser shall reside upon his land for a period of five years,
and during that time make improvements to the value of £1 an acre—conditions im-
plying no practical hardship upon the boma fide settler, and which are fully satisfied
by the exercise of his own labor. The act came into operation on the 1st of January,
1862, and from that date to the 31st December, 1871, 2,849,391 acres were conditionally
purchased by 37,216 applicants.
Twenty-five pounds ($125,00) thus enables a man to acquire a bomestead of 100
a CTOS,
BIRAZIL.
Area, 3,275,326 square miles, or 2,096,208,540 acres.
LAWS RELATING TO THE DISPOSITION OF THE CROWN LANDS OF BRAZIL.
[From the work of Dr. N. Joaquim Moreira. I
IMMIGRANTS.
With a view to attract intelligent immigrants, in order to expand the several
branches of industry, and especially agriculture, government has employed every
effort proportionate to the means at their disposal, not only directly promoting immi-
gration and colonization, but also protecting private enterprise, and propagating in
Europe the knowledge of the economical, social, and political condition of Brazil, and
.# measures tending to improve the condition of immigrants and the welfare of
colonists.
An official colonization agency has been established in the city of Rio de Janeiro
with a view to guide the first steps of the newly arrived, assisting them in those affairs
which they, owing to their ignorance of the language and customs of the country,
are unable themselves to manage, to advise and give them any information required,
to hear their complaints, and when just present them to government. It also reports
on projects for introducing immigrants, makes the respective contracts, and dispatches
the immigrants to their destination.
In the provinces, by order of the minister of agriculture, committees are named to
assist the presidents in the reception of immigrants, and they employ means to obtain
for them a friendly reception and means of livelihood by agricultural work or by the
exercise of other trades.
Every immigrant that arrives at Rio de Janeiro, whether spontaneously or for gov-
ernment account, has a right to board and lodging—those who remain in the city of
Rio de Janeiro during eight days, and the others till an opportunity occurs for them
to proceed to their destination.
At present, no sooner do the immigrants reach the capital than they are sent into
the interior to the high lands, there to be acclimatized.
With the laudable intent to create a uniform régime for state colonies, and to guar-
antee the welfare of their inhabitants, the following regulations were approved by
decree No. 13,784, of January 19, 1867, and signed by Councillor Manoel Pinto de Souza.
Dantas, at that time minister of agriculture:
REGULATIONS FOR THE STATE COLONIES.
CHAPTER I.--THE ESTABLISHMENT OF THE coloniES, THE DISTRIBUTION OF LANDs,
AND THE CONDITIONS FOR THE GRANTS AND TITLE DEEDS.
ARTICLE 1. State colonies shall be established by decree of the imperial government
the respective names being indicated, and the colonial district having been previously
chosen, measured, and marked out by a government engineer.
ART. 2. Every colonial district shall contain in its peremiter an area equivalent to
at least a territory of four square leagues or 174,240:000 square metres, divided into
urban and rural lots, the most convenient position for the township having been pre-
viously chosen.
ART. 3. The engineers in charge of the works belonging to the colonial establish-
ments shall draw up a general plan, which shall contain not only the designation of
the lots measured andmarked out, the direction of projected roads, bridges, rivers, and
LAND SYSTEM IN BRAZIL. - 509
large streams, and every other topographical indication, but also the lands reserved
for the township, and which, with the assent of the director of the colony, shall have
been allotted to streets, squares, commons, churches, schools, cemetery, administrator's
house, jail, and other colonial buildings. Three copies shall be made of these plans,
one for the archives of the colony, another for the presidency of the province, and a
third for the directory of public lands and colonization.
ART. 4. The rural lots shall be divided into three classes: Those of the first class
shall contain an area of 125,000 square bracas or 605,000 square metres, those of the
second, 65,000 square bracas or 302,500 square metres, and those of the third, 31,250
square braças or 151,250 square metres, equivalent to #, +, and # of the lots of 250,000
square braças or 1,210,000 square metres, mentioned in article 14, section 1, of the law
of September 18, 1850.
The urban lots may be divided into different classes, and the frontage may vary from
10 to 20 braças or from 22 to 44 metres and the depth from 20 to 50 braças or from 44
to 110 metres, according to the position of the land reserved for the township. All the
above-mentioned lots shall be indicated on the plan of the colony by a number.
ART. 5. The price of the square braga (4.48 square metres), both of the rural and the
urban lots shall be arbitrated by the director of the colony, the fertility, the situation,
and other circumstances of the land being considered, according to the descriptive
memorial of the engineer, and in proportion as the clearing of the colonial lands shall
proceed. -
This arbitrament may vary between the limits of 2 and 8 reis for the rural and of 10
and 80 reis for the urban lots; after the approbation of the president of the province,
these shall also be indicated on the plan. '
ART. 6. Colonists may on arrival freely choose their lots, paying in cash the price
fixed according to the respective classification.
An additional 20 per cent. on the price marked shall be charged to those who buy on
credit, and this payment shall be made in five equal instalments to count from the end
of the second year of their establishment.
If, however, the colonist pay before the instalments are due, an abatement of 6 per
cent. shall be made on the whole of the instalment or instalments anticipated.
ART. 7. The sons of colonists over eighteen years of age shall have the right to choose
lots on the same conditions, and to settle separately if so willing.
ART. 8. The rural lots shall be delivered with the respective frontage and depth
measured and marked out, and with a path of from 10 to 20 braças or from 22 to 24
Huetres in length, at both the lateral boundaries, indicated by three posts.
These lots shall contain an area of 1,000 square braças or 4,840 square metres cleared,
and a temporary building large enough for a family. -
ART, 9. There shall be two kinds of title deeds for the colonists, namely: provis-
ional deeds, or those which indicate the lots, and definitive deeds of the property,
passed according to the annexed models Nos. 1 and 2, -
The former, signed by the director of the colony, shall be delivered to the colonists
who may buy on credit; the latter, signed by the president of the province, shall be
given to those who shall have paid their debit to the public treasury. Both the pro-
visional and the definitive deeds shall be given gratuitously to the colonists within
three months from the day on which they shall take possession of their lots.
ART, 10. When the colonist buys on credit, he shall not be allowed to subject either
the lands or the improvements on them to any real encumbrance, as one and the other
are mortgaged to the public treasury as a guarantee of his debts to the State and of
the fines he may incur. .
It is understood that the foregoing clause does not comprehend legitimate or testa-
mentary inheritance or legacy, in which cases the property shall pass to the heir or
legatee with the encumbrance.
The provisional title deed, mentioned in Article 9, shall be registered in a special
book, each page of which shall be signed by the director.
ART, 11. The definitive title deeds shall contain : 1st, an exact description of the
boundaries of the lot ; 2d, the extent and direction of the divisionary lines with the
«leclaration of the declination of the needle ; 3d, the area and the name of the adjoin-
ing proprietors; 4th, the conditions and encumbrance to which, in accordance with
these regulations, the purchasing colonists are subject.
When the lot shall be of an irregular form, the engineer shall design and sign a small
map of the same on the title deed.
ART, 12. Every colonist who, within two years from the date of taking possession of
the lot purchased, shall not have established on it his habitual dwelling and an effect-
ive culture, shall lose his right to the same, and, after the necessary advertisements,
it shall be sold by public auction.
From the proceeds of the sale there shall be deducted : first, the amount which the
negligent colonist may be owing the State; and secondly the amount of any other
proved debts which he may be owing; and if any sum remain it shall be delivered to the
said colonist, or, in his absence, immediately paid into the provincial treasury
510 LAND SYSTEM IN BRAZIL.
The same steps shall be taken, at any time, with respect to rural or urban lots of land
whose owners shall abandon them for more than two years. -
CHAPTER II.—THE ADMINISTRATION OF THE COLONIES.
ART. 13. In the state colonies, there shall be a board composed of eight members,
namely: the director, who shall preside, the medical assistant, and six others, chosen
from among the colonists who shall have paid their debts to the State.
ART. 14. Those colonists who shall be soonest free from their debt, shall be members
of the first board; and when more than six individuals are in the same position the
president of the province shall choose from among the names proposed by the directors,
those colonists which he may consider most fitting. -
The duration of this provisional board shall be for only one year.
ART. 15. At the expiration of this period the director shall send to the president of
the province a list of the names of twelve colonists who, to the condition above men-
tioned, shall join intelligence and good conduct; to the list there shall be annexed such
information as may guide the president in the choice of the six members of the per-
manent board. -
ART. 16. This board shall be triennial, and the director, three months before the ex-
piration of that time, shall make the necessary proposal for the new board, which shall
be installed on the first day of the following year.
ART. 17. The board may pass resolutions when the president and four other members
be present.
ART, 18. In urgent cases, when meetings of the board may be difficult, and through
delay the decisions become prejudicial to the interests of the colony, the director may
resolve alone, explaining his reasons for so doing at the first meeting of the board to be
noted in the respective book of the proceedings of the board.
ART. 19. If from the continuance of the meetings of the board, any detriment arise
to the colony, the director may adjourn them.
ART. 20. The director may also suspend the execution of the measures resolved on
by the board if contrary to law or to the clauses of these regulations, or if detrimental
to the colony. -
In this case, as also those mentioned in the two foregoing articles, he shall immedi-
ately inform the president of the province of the steps taken by him.
ART. 21. If the president of the province approve his act, then the president, if he
think proper, may dissolve the board, and order a new proposal to be made for the
nomination of another, after consulting the imperial government.
ART. 22. So long as the colony shall not contain a sufficient number of colonists in
the above-mentioned condition to form the board the director shall exercise all its
functions. -
ART. 23. The colonial board may decide with respect to the distribution of the colo-
nial revenue, which shall be applied only to the following objects:
1st. The construction and repairs of buildings destined for public worship, schools,
and the administration of roads and bridges.
2d. Opening colonial roads, building temporary bridges and houses for the reception
and establishment of colonists, measuring lots, and clearing lands.
3d. Giving ordinary assistance and making advances to the colonists in accordance
with these regulations and the orders of the government.
4th. The acquisition of good breeds of cattle, of plants and seeds, as also making
experiments on the culture of certain plants which may best thrive on the lands of
the colony.
ART. 24. The board may also:
1st. Decide respecting the annual revenue and the expenditure for the objects and
service mentioned in the foregoing article, taking into account the expenses of admin-
istration and others ordered by the government.
2d. Resolve, in accordance with these regulations, on the sale of lots of land belong-
ing to those colonists who may leave them uncultured or abandoned.
3d. Resolve, in like manner, with respect to those cases, in which the colonists ought.
to be warned, deprived of the favors guaranteed or excluded from the colonial dis-
trict. - -
ART. 25. The revenue of the colony comprises:
1st. Those sums which the imperial government may contribute towards its ex-
penses.
2d. The proceeds of the sales of the lots.
3d. The advances made to the colonists and the fines that may be imposed on them.
4th. The discount up to 5 per cent. which may be made on the wages of the work-
men, according to Article 35.
b ART. 26. Besides the before-mentioned duties and obligations of the director, he ie.
ound :
1st. To superintend and manage all the business and service of the colony.
2d. To receive all the revenue and apply it in the manner indicated by the board.
LAND SYSTEM IN BRAZIL. 511:
3d. To see that newly-arrived colonists are well received and established.
4th. To distribute the lots of lands, deliver the title deeds, make the advances, and
offer the assistance and favors guaranteed by these regulations.
5th. To give employment in the colony, on wages, to those who may require this as-
sistance, preference being given to the newly arrived.
6th. To watch over the execution of these regulations and to impose on his subor-
dinates the penalties they may incur.
7th. To carry into effect the decisions of the board.
8th. To present in due time the accounts of the colony and the reports under his
charge.
ART. 27. In the state colonies, parties may authorize their arbitrators to decide, by
equity, civil-rights questions which may arise independently of the rules and forms,
established by law.
CHAPTER III.-RECEPTION AND ESTABLISHMENT OF COLONISTS.
ART. 28. Every colony shall have a special building, in which recently arrived colo-
nists shall be received provisionally until their respective lots are distributed.
ART. 29. During the first ten days after arrival, those colonists who may demand it
shall be maintained out of the funds of the colony, the amount of the advances just
made being passed to their debit, to be reimbursed as stated in Article 6.
ART. 30. On the day that the colonist takes possession of his lot, the director shall
give him, as gratuitous assistance for his first establishment, the sum of 203000; and
to a head of a family an equal sum shall be given for every person over 10 and under
50 years of age.
ART. 31. The colonists shall have the right to receive on the same occasion, the
seed for the crops necessary for their maintenance, and also the agricultural imple-
ments which they may require, the amount of which, as also the cost of the clearing,
of the temporary house and of all advances made, joined to the price of the lands, are
to be reimbursed in the manner herein provided.
ART. 32. If there be work to be done in the colony, those colonists who may desire
it shall be employed thereon for the first six months.
ART. 33. The director shall so distribute the work, that each adult of a family shalk
receive at least 15 days wages per month or 90 days in the half year.
For the execution of this clause two minors shall be counted as one adult.
ART. 34. The work for the newly arrived colonists shall, as much as possible, con-
sist in the preparation of the road in continuation of their frontage, in clearing and in
building their provisional dwellings, so that there shall always be from 20 to 50 lots
ready for the establishment of new colonists.
ART. 35. In the colonies where the inhabitants shall number more than 500, the
wages of the colonists shall suffer a discount of not more than 5 per cent., which shall
be paid into the respective treasury, after approval by the president of the province.
CHAPTER IV.-SUNDRY CLAUSES.
ART. 36. Every colonist who shall not work assiduously on his farm or at his trade,
shall be warned by the director, or, if the board so order it, deprived of colonial work
and favors if he do not mend. - -
ART. 37. The colonist who, through laziness or bad habits, shall be deemed incorrigi-
ble, shall be excluded from the colonial régime, and expelled from the respective dis-
trict by the president of the province, if he judge it convenient to do so for the wel-
fare and interest of the colony; his lot and property being disposed of according to
Article 12.
ART. 38, Colonists who may desire to make a remittance to a foreign country may
deliver the amount to the director, who shall pass a receipt, mentioning the sort of
money received.
ART. 39. The director shall immediately pay the amount into the treasury, with
every particular relating to its destination, in order that the remittance may be made
by government at the exchange of the day, free of expense to the colonists.
ART. 40. No slaves will be allowed, under any pretext whatever, to dwell in the
colonies which may be established henceforward.
Neither shall any persons who take slaves with them be allowed to establish in the
existing colonies.
ART, 41. The director shall present to the president of the province every six months
a detailed report on the state and progress of the colony during the half year, in con-
formity with model No. 3, and annually a statement of the revenue and expenditure,
for the following financial year, organized by the colonial board.
ART. 42. The director shall also send quarterly to the treasury an account of all
amounts paid.
ART. 43. Whenever government may deem it convenient, colonial agricultural asy-
lums shall be founded for those minors under eighteen years of age who may be
orphans or whose parents may have abandoned them.
512 COLONIZATION LAWS OF MEXICO.
In these asylums government will board, clothe, and furnish medical attendance to
the inmates, and will have them instructed, according to age and strength, in those
mechanical works and trades which have an immediate relation to agriculture.
ART, 44. The clauses of these regulations, where applicable, shall be extended to
the existing colonies.
ART. 45. The special instructions with regard to the execution of these regulations
shall be promulgated by the minister of agriculture, commerce, and public works.
Palace of Rio de Janeiro, January 9, 1867.
• MANOEL PINTO DE SOUZA DANTAS.
Sundry general, provincial, and private colonies have been created in various prov-
inces of the empire. -
Some, already emancipated, are progressing, strengthened by those branches of in-
dustry which they cultivate; others, more or less prosperous, are still under the ré-
gime and toiling to attain the end to which others have arrived; and if there be sta-
tionary or decaying colonial nuclei, the fact ought not to be attributed to the country,
but to the laziness of the immigrants. As a proof, we may adduce the fact that
wealth and prosperity are enjoyed by about 130,000 Germans and descendants of Ger-
man immigrants scattered over the provinces of Rio Grande do Sul, Santa Catharina,
Paraná, &c. *
Finally, the measures which the government of the country intend to carry out, in
order to improve this branch of the public service, are indicated in the following words
of the minister of agriculture:
“We must adopt an aggregate of measures perfectly adequate to satisfy the differ-
ent requirements of the service; some relative to civil legislation, others directly con-
cerning the means for receiving and establishing immigrants and regarding the régime
and inspection of the colonies. Among the former is the law which regulates the
Thire both of native and foreign laborers. The latter includes the creation of an office
specially devoted to the management of immigration and colonization, to the selec-
tion of government lands, the sale of them in lots at low prices, the establishment of
sanitary measures for vessels carrying immigrants, the creation of colonial nuclei on
fertile lands near large markets, the improvement of means of communication for the
existing nuclei and for those that may be established, the creation of a territorial tax
which may contribute to the utilization of lands, hitherto uncultivated, in the neigh-
borhood of cities and important towns.
“Improve the colonial nuclei at present in existence, giving them easy means of
communication with the nearest markets, and other necessary advantages to enable
them to become attractive ; prepare lots of land in the neighborhood of railroads and
not far from markets and towns where the immigrant may meet with easy sale for the
product of his labor; substitute the official colonial agency, created by decree of April
20, 1864, by an inspector general with more ample powers, which should comprise the
introduction, reception, and establishing of immigrants; attaching to the same an
auxiliary board composed of natives and foreigners, to be consulted in matters refer-
ring to colonization and which should co-operate in the reception and establishing of
immigrants.” -
And so it ought to be, because if, as Ribeyrolles says, in Europe the problem of pro-
duction depends on the means of giving to a too numerous population the land which
it lacks; in Brazil, on the contrary, the problem is how to give to the richest Soil in the
world the population which it needs.-(Dr. N. Joaquin Moreira.) -
HIEE’UELIC OF MEXICO.
Area, 743,948 square miles, or 476,126,720 acres. The following are the laws for col-
onization and grants of public lands to immigrants:
DEPARTMENT OF COLONIZATION, INDUSTRY, AND COMMERCE.
*
SECTION 1.
The President of the Republic has sent me the following decree:
Sebastian Lerdo de Tejada, constitutional President of the United Mexican States
to the inhabitants therein, know :
That Congress has issued the following decree:
Congress resolves:
ARTICLE 1. Until a law shall be enacted that shall definitely determine and regulate
everything concerning colonization, the Executive is hereby authorized to enforce this
law either by direct action or by means of contracts carried out by private organiza-
tions under the following bases: -
I. To grant each organization—a subsidy for each family that shall settle, or a
COLONIZATION LAWS OF MEXICO. 515
smaller subsidy for each family that shall land, in some place in the Republic; an ad-
vanced portion, not exceeding 50 per cent, of said subsidy at reasonable rate per cent.
interests; lands capable of being colonized, after measurement, survey, and valuation
at a moderate price payable on ample time in annual installments; a premium for each
immigrating family; an exemption from duties to every vessel that shall bring to the
Republic ten or more families; a premium for each native family that shall settle in
.." colonies; a premium for each Mexican family that shall settle in frontier
COMOn 108.
II. To require from said organizations: a sufficient guarantee for the fulfillment of
their contracts, stating the cause of forfeiting and of fine; a security that the colonists
shall enjoy, as far as it may depend on the contractors, the privileges granted by this
law. -
III. To grant the settlers: Mexican naturalization and citizenship in the proper
cases; an advanced payment of transportation expenses; a living for one year after
they have settled; farming tools and building materials for the construction of their
houses; an acquisition of a determined tract of land, for tillage and building purposes,
at a low price, payable on ample time, in annual installments, commencing from the
second year after the settlement ; exemption from military service and all kinds of
imposts, excepting municipal taxes; exemption from all kind of importation and inte-
rior duties on everything destined for the Colonies, such as farming and shop tools,
machines, chattels, building materials, domestic furniture, working and breeding ani-
mals; exemption also, personal and not transferable, from export duties on their crops,
and free letter postage, through the department of foreign affairs or by means of
especial postage stamps, over their native country or former residence; premiums and
especial protection for the introduction of a new culture or industry.
IV. To demand from the settlers the fulfillment of their contracts in accordance
with the common laws of the country. r
W. To appoint and send to the field the reconnoitering commissions authorized by
the twenty-sixth section of the present budget, to select the lands capable of being
colonized, with the due requisites of measurements, demarcation, valuation, and de-
scription.
VI. That any person occupying a tract of public lands in obedience to the requisites
demanded by the previous fraction, shall have one-third of said land or its value, pro-
wided said person be duly authorized.
VII. This power of authorization shall belong exclusively to the Executive, who
shall not deny the same to any State that may demand it for the lands within its bound-
aries. The authorization granted, as above, to the States or private citizens, shall be
void if for three months from the granting thereof the corresponding operations (stated
in section V) have not been commenced. -
VIII. To acquire, if deemed expedient, by purchase or any contract in accordance
with the rules already fixed in fraction VI, lands capable of being colonized, owned
by private citizens.
IX. To locate upon the lands of private citizens, when the owners of the same desire
it, colonists that, by virtue of the immigrating contracts already made, may be at the
disposal of the Executive. - -
X. Said colonies shall be considered as such, and shall enjoy the peculiar privileges
above related for ten years, at the expiration of which said privileges shall cease.
ART. 2. The Executive is likewise authorized to dispose, in the next fiscal year, of
the amount of $250,000 to defray the expenses required by this law, including the sur-
veying commissions. -
Legislative Palace, Mexico, May, 1876. -
JULIO ZARATE,
Presiding Representative.
ANTONIO GOMEZ,
Secretary Representative.
J. N. WILLADA
Secretary Representative.
i.gder, therefore, the above law to be printed, published, circulated, and complied.
With.
Executive Palace, Mexico, May 31, 1876. -
SEBASTIAN LERDO DE TEJADA.
To BLAS BALCARCEL,
Minister of Colonization, Industry, and Commerce.
I communicate the same to you for your own knowledge and proper uses.
Independence and Liberty, May 31, 1876.
BALCARCEL.
33 L O—WOL III
514 - MINING LAWS OF PORTUGAL.
MINING LAws OF SEVERAL COUNTRIES.
For a review of the mining laws of Mexico and Spain, see Report of the Public Land
Commission and Testimony, February 24, 1880.
P ORT U G A L.
The most ancient document that is known relative to mines is of the year 1210, dur-
ing the reign of King D. Sancho I, and it had for its object the making of a donation
of a tithe of the gold of Adiga to the Order of Santiago.
There did not exist any general law. The mines belonged exclusively to the Crown,
and they were worked by the King, or by private parties to whom by a special diploma
permission was granted to mine. The concesssions thus made to private parties were
always regarded as a privilege and a grace, which the King bestowed on his favorites.
The privilege was always temporary, and the miners paid a royalty to the Crown,
which generally was at the rate of the “fifth part " of the produce.
Ring Duarte's Law (1433–1488.)—The above regimen lasted until the reign of King D.
Duarte (1433–1488), the period in which the first mining law of Portugal was promul-
ated.
g By this law every one was allowed to work mines in ally place. The miner paid a
royalty of “two tithes” of the produce of the mine, whenever the same was located on
lands belonging to the Crown; but if it was located on private property, the said im-
post was equally divided between the proprietor and the King. The miners paid
besides that a certain entrance fee in order to obtain the grant, and a fixed annual tax.
This law was not, however, rigorously observed, and the conditions imposed on the
concessions were very changeable.
The period of the concession was sometimes fixed, and again its terms were not
defined. It seems that the new principle of the proprietor's participation in the profits
of the mines was always preserved.
Ring D. Manoel's Law, 1516.—The law of the King D. Duarte remained in force until
1516, the date at which the second decree on mines, known under the title of “Regi-
mento de Ayres do Quental” was promulgated by King D. Manoel. The fundamental
principle of King D. Duarte's decree was done away with entirely in this second law ;
the proprietor remained without any rights at all over the miner's interest; the min-
ing prerogatives did remain with as much plenitude as in the time of the kings before
D. Duarte. The proprietor had the right to demand indemnity for the damages caused
to his cultivated fields, but was obliged to allow the cutting down of wood for the
foundries, without any redress whatever.
The impost continued to be a “fifth,” but the miner was obliged to sell his metals
to the King's stores at a fixed price, which was below the market price. Therefore,
the imposts paid by the miner were far in excess of 20 per cent. of the production.
This law retarded very much the development of mines. ‘x.
In the year 1557 a new decree was promulgated, which, without altering the funda-
mental basis of King D. Manoel's law, had the advantage of permitting the free sale
of the metals; but later enactments restrained this faculty in regard to certain
metals, the others remaining subject to forced sales. The tax continued to be a
“fifth,” but the fisc invented a new way to raise that impost; whenever a mine was
bringing in profits the King could take a fourth himself, contributing towards its
workings with proportioned expenses; so that the miner, besides paying an impost of
20 per cent. On the produce, found himself obliged to give to the King 25 per cent. of
the net proceeds. Under such a regimen the mining interests got into such a deplora-
ble state that further regulations promised premiums to any one who should discover
any mines, but the demands of the fisc continued so severe that the premium, by itself,
was not enough to promote the development of mines.
With the purpose of reanimating this industry, almost extinct, “A General Super-
intendence of Mines and Metals of the Kingdom” was created in 1801, under whose
immediate control the mines were explored, the government defraying all expenses.
This new method was by no means productive of any better results, which was a de-
fect of the system. At the end of this regimen there were to be found hardly four
mines in operation—two of coal, one of antimony, and one of lead—of which only the
coal mine of “S. Pedro da Cova” was able to realize any net profits, which were em-
ployed in assisting in the outlay of the others.
The “General Superintendence of Mines and Metals of the Kingdom” did but prove
once more how impossible it is for any industry to prosper under the management of
any government. -
By an ordinance (potraria) of the 6th of August, 1836, a grant was given to the lead
mine of Braçal, and the decree of the 25th of November of the same year, reaffirming
MINING LAWS OF NEW SOUTH WALES. 515
said ordinance, put an end to the privilege which the State since the year 1801 had
arrogated to itself of working the mines on its own account.
But the decree of the 25th of November granted only the temporary use of the mines,
the State reserving to itself the right of possession; the industry not finding, there-
fore, in the law sufficient guarantee for its own free development.
The above law was kept in force till the year 1850, and during that period of 14 years
only 35 mines had received concessions. -
The decree of the 25th of July, 1850, came to promote the creation of the mining
property, consecrating the principle of concession for an unlimited period.
The decree of 1836, to a certain extent, became completed by that of 1850; the former,
by abolishing the privilege of the State, created the right to the mines; the latter
created the mining proprietorship. This law lasted until 1852, and during this period
no new grants were made.
The decree of the 31st of December, 1852, adopting the fecund principle of the for-
mer and improving some of its regulations, opened a new era of prosperity to the min-
ing industry. -
By accepting the basis of the French law of the 21st of April, 1810, this decree regu-
lated the separation of the superficial and subterranean property, circumscribed the
rights of the proprietors and of the grantees, and the discovery of mines found, in the
decided advantages conceded to the discoverer, a very powerful incentive for its pro-
gressive development.
The fundamental principles of the present law are the following:
Every one who should discover a mine has the right to its grant, whether it be
located in his soil or not.
The proprietor of the soil is obliged to consent to the working of the mine.
The miner is obliged to give the owner of the soil previous security for the indemni-
Zation of the damages he may cause.
All grants are made for an unlimited period. -
The general conditions under which a grant is made, are: To keep the mine in active
operation, carry on the labors with safety, and pay the imposts to the government.
The impost is of 5 per cent. of the net product of the work.
The owner of the land receives half the quantity paid to the government.
The grant may be set aside, should not the grantee satisfy the conditions under
which it was made. In such a case the property remains belonging to the State, and
the government can grant it anew at auction.
The objects of concessions are the deposits of metallic substances and the saline and
combustible deposits.
The area granted to the metallic mines is about 500,000 square meters, and for the
combustible ones of 100,000.
The law of the 31st of December, 1852, did evidently contribute very much toward
the mining progress in Portugal; with all, this law could not fulfill the present require-
ments of the industry, and placed real impediments in its development.
The mining industry of France is, as yet, being regulated chiefly by the law of the
21st of April, 1810; and in spite of the administrative regulations that followed in
succession, and the laws that have successively improved the original one, the French
operators never cease demanding new legislative reforms.
Prussia, which adopted the law of 1810, forced by the pressing demands of the in-
dustry, substituted it with the one of June 24, 1865.
England, which has successively reformed several times its law of the 10th of Aug-
ust, 1842, again, on the 10th of August, 1872, promulgated its last law, revoking all
former legislation, and introducing all the requirements that the short experience of
ten years, counting from the time of the last law, deemed necessary.
Amongst us the experience of twenty years has shown us the defects of the law of
1852, and the necessity of its being reformed.
A simplification of the process for obtaining the concessions; a more complete and
much better defined creation of the mining property than at present; a clearer deter-
mination of the mutual relations between the concessionists and the land-owners; the
organization of safeguards of the mines, clearly defining the administrative power
and the relations between the administration and the grantees; the organization, so
often asked for, of a new system of imposts, are many reasons for the reformation of
the actual law. *
July, 1876. LAWRENCE MALHERO, M. E.
A U S T R A L I A.
[From the work by Charles Robinson, Esq.]
MINING LAWS AND HOLDINGS IN NEW SOUTH WALES.
Under the Crown Lands occupation Act leases are granted to all who apply for
them of land not exceeding 320 acres, nor less than 40 acres, for coal mining lots, and
not exceding 80 nor less than 20 acres for other mineral lots, for the purpose of mining
516 MINING LAWS OF NEW SouTH WALEs.
for any mineral excepting gold, at a yearly rental of 58, per acre, the leases not to exceed
fourteen years, but to be renewable at the end of that time for fourteen years more.
Lessees have to spend at the rate of £5 an acre during the first three years of their
Heases. They can throw up their leases at any time by giving three months notice to
the minister of lands; or can convert them into mineral purchases on payment of £2
per acre, and making improvement to the value of £5 per acre.
GoLD LANDS, HOW TAKEN.
The regulations of the government are conceived in the most liberal spirit, and .
while they protect the miner to the fullest possible extent, they at the same time
insure the freest scope to his industry. . The gold in the soil is the property of the
Crown; and before any man can take it he must get what is called a “miner's
right.” This authority to dig or mine for gold is given to all who apply for it. It
costs ten shillings a year, and entitles its possessor to take up ground upon any gold
field to the extent of from 60 feet by 60 feet to 114 feet by 114 feet, according to the
class of mining pursued upon the particular field. If a man wants to open a quartz
mine he can take up fifty feet along the line of reef (vein), with a breadth of 100
yards on each side. His miner's right also entitles him to occupy half an acre of land
for his dwelling upon any proclaimed gold field, and to vote for the election of a member
of Parliament. All these privileges any man may enjoy in New South Wales for 108, a
year. The miner is not restricted to one claim; he can take up a hundred if he likes, by
virtue of his right; but then he must keep men at work upon them, and every man
he so employs must also have the “right.” This is not all. The miner can take up
sluicing (placer) claims to the extent of ten acres; and if this be too circumscribed an
area he may by the payment of £1 per acre per annum take out a lease of alluvial
or quartz ground for any number of acres not exceeding twenty-five in one block (and
as many twenty-five acre blocks as he pleases), or of river beds to the extent of 1,000
yards, on payment of a yearly rental of £1 for every 100 yards, so taken up. To pre-
vent monopoly, however, and to protect the interests of the miners as a body as well
as of the State, the regulations provide that the miner shall forfeit his claim or his
lease if he fail to work it. There is an export duty on gold of 18. 3d. per ounce.
THE PUBLIC DOMAIN.
ITs HISTO ERY,
WITH STATISTICS.
ADDENI) A.
PREPARED IN PURSUANCE OF A JOINT RESOLUTION OF CONGRESS
APPROVED AUGUST 7, 1882,
FROM JUNE 30, 1880, TO JUNE 30, 1882.
PAGES 517 TO 1217.
FROM JUNE 30, 1882, TO JUNE 30, 1883.
PAGES 1217 To 1293.
EXISTING METHODS OF CLASSIFICATION, SALE, AND DISPOSITION
* TO DECEMBER 1, 1883.
PAGES 1157 TO 1179.
REGULATIONS, INSTRUCTIONS, FORMS, AND BLANKS, AND CHAPTER
ON “EXISTING METHODS OF SALE AND DISPOSITION,” WITH
OFFICIAL SUGGESTIONS AS TO CHANGES THEREIN, AND
OTHER INFORMATION, TO DECEMBER 1, 1883.
INTRODUCTORY CHAPTER, GIVING STATISTICAL RESULTS OF ENTIRE
LAND SYSTEM FROM 1784 TO JUNE 30, 1883, WITH RECOMMENDA-
TIONS AND STATEMENTS OF NECESSITY FOR CHANGES
IN EXISTING LAND LAWS, TO DECEMBER 1, 1883.
PAGES 517 TO 552.
BY
THOMAS DONALDSON.
WASHINGTON: .
GOVER NIMIENT PRINT IN G OFFICE,
1884.
A D D E N ID A.
FROM CHAPTERs 1 to 33, INCLUSIVE, FROM JUNE 30, 1880, To JUNE 30, 1882; CHAP-
TER 36, FROM JUNE 30, 1882, To JUNE 30, 1883, AND, IN MANY INSTANCEs, DATA, REGU-
LATIONS, AND FORMS TO DECEMBER 1, 1883.
REGULATIONS, INSTRUCTIONS, BLANKS, AND FORMS ARE IN EFFECT
DECEMBER 1, 1883.
AREA OF THE NATIONAL DOMAIN, WHICH INCLUDES THE PUBLIC DOMAIN, WITH STA-
TISTICS, AND RECOMMENDATIONS AS TO CHANGES IN EXISTING LAND LAWS.
(See Chapter 1–pages 1 to 29, inclusive.)
The matter on pages 1 to 13 of this book, prepared in 1880, is correct to December 1,
1883. -
The statistics of the land service from pages 1 to 27, from 1784 to June 30, 1880,
are brought down to June 30, 1883, and where possible to December 1, 1883. The
General Land Office statistics and tables are prepared only to June 30 of each year,
so it is impossible to bring the official tables and statistics down to December 1, 1883.
GROSS CASH RECEIPTS FROM SALES OF PUBLIC LANDS TO JUNE 30, 1883.
(See pages 17 and 25.)
The United States received from sales for cash, fees, and commis-
sions, under all laws, since the passage of the ordinance of May 20,
1785, to June 30, 1880, the gross sum of .----. --------------...----. $208,059, 657 14
From June 30, 1880 to june 3, 1883, the gross sum received from like
SOULI'CeS Was—
During the year 1881------------------------------------------ 5,408,804 16
During the year 1882 ----------------------------------------- 8,394,516 04
During the year 1883------------------------------------------ 11,713,883 70
In all a grand total from 1785 to June 30, 1883 of.----. -------- ... 233, 576,861 04
CASH RECEIPTS FROM SALES OF PUBLIC LANDS FOR THE FISCAL YEARS 1881, 1882,
AND 1883.
Cash receipts during the year ending June 30, 1881.
From sales of public lands ------------------------------------------ $3,534, 550 98
From sales of Indian lands ------------------------------------------ 1,006,691 63
Homestead fees and commissions ------------------------------------ 556,766 16
Timber-culture fees and commissions--------. -----------------------. 154,739 35
Fees on military bounty land-warrant locations. -----....... --------- 1,484 00
Fees on locations with different classes of scrip -----..... ...-----.... 17 00
Fees in pre-emption and other filings -- -----------------------------. 59,366 00
Fees in mining applications and protests ----------------------------- 28,310 00
Fees on timber-land entries------------------------------------------ 3,330 00
Fees for reducing testimony to writing, by local officers -------....... 47,625 24
Fees on railroad selections------------------------------------------- 3,581 27
Fees on State selections --------------------------------------------- 4, 19963
Fees on donation claims --------------------------------------------- 1,415 00
Fees for transcripts, furnished by the General Land Office, during the
fiscal year of 1881------------------------------------------------- 6,727 90
Total --------------------------------------------------------- 5,408,804 16
During the fiscal year 1881 a grand total of 10,893,397.05 acres were disposed of.
The amount realized per acre was about 50 cents. &
517
518 RECEIPTS FOR PUBLIC LANDS TO JUNE 30, 1883.
cash receipts during the year ending June 30, 1882.
From sales of public lands------------------------------------------ $6,628,775 02
From sales of Indian lands ------------------------------------------ 634,617 22
From homestead fees and commissions ------------------------------. 697,968 59
From timber-culture fees and commissions --------------------------- 232,534 00
From fees on military bounty land-warrant locations ----------------- 1, 166 00
From fees on locations with different classes of scrip.... -------------- 116 00
From fees on pre-emption and other filings--------------------------- 128, 123 00
From fees for reducing testimony to writing -- - - - - - - - - - - - - - - - - - - - - - - - 56,897 06
From fees on railroad selections-------------------------------------- 4,695 50
From fees on State selections ---------------------------------------- 2, 436 00
From fees on donation claims.--------------------------------------- 595 00
From fees for issuing patent certificates------------------------------ 3 00
From fees for transcripts from records furnished by the General Land
Office------------------------------------------------------------- 6,588 75
Total --------------------------------------------------------- 8,394,516 04
During the fiscal year 1882 a grand total of 14,309,166.40 acres were disposed of
The amount realized per acre was about 57% cents.
Cash receipts during the year ending June 30, 1883.
From cash sales ----------------------------------------------------- $9,657,032 28
From homestead fees and commissions.----------...----- sº e s sº º ºs º ºs º sº sº º 'º me 881, 467 01
From timber-culture fees and commissions - - - - - - - - - - - - - - - - - - - - - - - - - - - 282,262 00
From fees on military bounty land-warrant locations - - - - - - - - - - - - - - - - gº 1, 185 00
From fees on scrip locations ----------------------------------------- 143 00
From fees on pre-emption and other filings.-------------------------- 182,039 00
From fees for reducing testimony to writing -----...----------...------ 48,875 09
From fees on donation claims ---------------------------------------- 125 00
From fees on State selections-----------------------------------. ---- 3,229 00
From fees on railroad selections------------------------------...------- 24,004 00
From fees for transcript of records furnished by General Land Office. -- 8, 118 05
Total receipts from public lands - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 11,088,479 43
Receipts from sales of Indian lands (trust funds) -------...----...------ 625,404 27
Total.--------------------------------------------------------- 11,713,883 70
During the fiscal year 1883 a grand total of 19,430,032.80 acres were disposed of.
The amount realized per acre was about 60% cents.
SALES OF INDIAN LANDS SHOULD NOT BE IN FACT INCLUDEL). ABOVE.
The items of $1,006,691.63 in 1881, $634,617.22 in 1882, and $625,404.27 realized from
sales of Indian lands (trust funds), as reported by the Commissioner of the General
Land Office in his annual report for these years are not, in fact, receipts from public
lands. They are sold by authority of Congress, under special laws by the General
Land Office, and the money received for them is deposited by the receivers of public
moneys in the United States Treasury to the credit of the several Indian funds, for
the benefit of the Indians ‘ander treaty stipulations.
DISPOSITION OF PUBLIC LANDS TO JUNE 30, 1883.
519
ESTIMATED DISPOSITION OF THE PUBLIC DOMAIN To JUNE 30, 1880, JUNE
30, 1882, AND JUNE 30, 1883.
(See pages 22 and 23.)
The disposition of the public domain from its origin to June 30, 1883, is estimated
at about 620,000,000 acres, partially accounted for under the following items:

Lstimated disposition under various laws to—
Details as to disposition. -
June 30, 1880. June 30, 1882. June 30, 1883.
Acres. Acres. Alcres.
547, 754,483.88 572,957, 047.33 || 591,987,814, 22
Cash sales, which include pre-emptions, &c., and
probably 30,000,000 or more acres accounted for
under other acts, and commutation of homesteads,
from establishment of land system, to June 30, 1880. 169,832, 564.61 || 173,000,000.00 175,000, 00
Donation acts, Florida, Oregon, Washington, and
New Mexico
Land bounties, military and naval service...---------
State selections (act of 1841) for internal improve-
* * * * * * * * * * * * * * * * w w as * * * * * * *s ºr e ºs e º 'º - * * * * * *
ments ---------------- • * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
sº (Salt springs and lands adjacent) granted to
tates----------------------------------------------
Town sites and county seats............... -----...--.
Railroad land grants patented...........--------...--.
Canal grants ----------------------------------------.
Military wagon-road grants................... . . . . . .
Mineral lands sold since 1866.........................
Homesteads, 3,000,000 (estimated) acres of which
have been commuted and carried into cash sales
above
Scrips, enumerated
Coal lands.-----------------------------------------.
Stone and timber acts of 1878
Swamp and overflowed lands to States, selected or
patented
Graduation act of 1854............. * * * * * * * * * * - - - - - - e. e.
Schools, seminaries, and agricultural colleges:
Sixteenth and thirty-sixth sections,
for schools 67, 893, 919
Seminaries and universities . . . . .----- 1, 165,520
Agricultural colleges, land in place ... 1,770,000
Agricultural colleges, land scrip..... 7, 830,000
• * * * * we e s tº º ſº a • * * * * * * * * * * * * * * * * * * * * *
* - - - - - - º ºs º ºs s s = - - - - - - - - - -
Withdrawn or patented.------...-...----------.
Area held under timber-culture act
Desert land act
* * * * * * * * * * * * ~ * * * * *
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
3,084, 797.36 3, 117,401.73 3, 121, 534.52
61,028,430.00 | 61,028, 430.00 61,064, 150.00
7, 806, 554.67 7, 806. 554.67 7,806, 554.67
559, 965.00 559, 965. 00 559, 965.00
148,916.91 *62,794. 41 167,871. 39
45, 650,026. 33 || 46, 526, 823.06 47, 004, 043.96
4,424,073.06 4,424, 073.06 4,424,073. 06
1, 301,040.47 1,301,040, 47 1,741, 897.59
148, 621. 14 194, 970. 60 |... -- 224,483.54
55,667,044. 95 67,043, 189.79 | *75,215, 164. 17
2,893, 034.44 2,778, 622.45 2, 949, 113,664
10,750. 24 24, 560. 15 40, 172.97
20,782.77 159,008. 41 456,743.91
69,206, 522.06 || 70,006, 769.41 70,445,957. 58
25, 696,419.73 25, 696,419.73 ||---------.......
78,659,439.00 78,659, 439.00 f"8,889,839.00
9,346, 660. 93 13, 657, 146.47 16,768,076.70
897, 160. 57 1, 170,675. 53 1,607, 310.22
And various amounts disposed of under special acts, to be found in the Statutes at Large.
The above does not include lands embraced in Indian or military reservations.
tº RAPID DISPOSITION OF THE PUBLIC DOMAIN.
To JUNE 30, 1883.
(See pages 23 and 26.)
SALES OF PUBLIC AND INDIAN LANDS DURING THE FISCAL YEAR 1881.
During the year ending June 30, 1881, the disposal of public lands under all acts
of Congress was 10,128,175.25 acres. The sales of Indian lands to the same period was
765,221.80 acres; a grand total of 10,893,397.05 acres. -
*Probably 5,000,000 of acres of this has been commuted into cash payments.
fgrants for universities in Dakota, Montana, Arizona. Idaho, and Wyoming, 230,400 acres, added.
©
520 DISPOSITION OF PUBLIC LANDS TO JUNE 30, 1883.
The sales of public and Indian lands, during the fiscal year 1881, were in detail as
follows: -
Cash sales: Acres.
Private entries-------------------------------------------------- 666,229. 11
Public sales----------------------------------------------------- 2,279.40
Timber and stone lands -------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 42,987.92
Pre-emption entries --------------------------------------------- 721, 146,26
Desert lands ------------------------------------------------- --- . 108,560.02
Mineral lands-------------------------------------------------- tº- 27, 189.68
Coal lands ------------------------------------------------------ 4,975.58
Excesses--------------------------------------------- • ---------- 12,339.06
Abandoned military reservations -------------------------------- 1,910.21
Total --------------------------------------------------------- 1,587,617.24
Homestead entries ------------------------------ - * * * * * * * * * * * * * * * * * * * * 5,028, 100.69
Timber culture entries ---------------------------------------------- 1,763,799.35
Locations with military bounty land-warrants issued under acts of
1847, 1850, 1852, and 1855------------------------------------------- 55,662. 36
Agricultural college scrip locations ------------------ - - - - - - - - - - - - - - - - 360, 00
Supreme court scrip locations -----. * gº as ºn tº me º 'º - º ºr e º ºs ºs º ºs º ºs º dº º 'º -> * * * * * * * * tº e 28,253.74
Valentine scrip locations -------------------------------------------- 392. 15
Sioux half-breed scrip locations-------------------------------------- 2,519.27
Chippewa half-breed scrip locations---------------------------------- 800, 00
Locations with Porterfield scrip ------------------------------------- 16.86
Lands certified or patented for railroad purposes to States:
Alabama-------------------------------------------------------- 383.23
Iowa ----------------------------------------------------------- 73, 321.58
Minnesota ------------------------------------------------------ 483,466.63
Kansas --------------------------------------------------------- 281,277.28
To corporations:
Pacific railroads ------------------------------------------------ 211,992.04
State selections, approved for— &
- School indemnity - - - - - s • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 15,880.00
Internal improvements ------------------------------------------ 1,760.00
Agricultural colleges.------------------------------------------- 1,370.45
Seminaries------------------------------------------------------ 3,964. 14
Donation claims ---------------------------------------------------- 18,237.06
Approved to States as swamp -----------------------------. ---------- 569,001. 18
Total ---------------------------- * * * * * * * * * * e s = * * * * * * * * * * e s an us s = 10, 128, 175.25
Indian lands, sales of, during the fiscal year of 1881: Acres.
- Osage ceded ---------------------------------------- 4,622.21
Osage trust and diminished reserve.----...----...----- 613,951.05
Kansas trust ---------------------------------------- 25,736.53
Kansas trust and diminished reserve.---------------- 18,971.86
Pawnee -------------------------------------------- 15,219.56
Sioux ------------- .* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 50,299.64
Sao and Fox ---------------------------------------- • 57. 40
Cherokee strip -------------------------------------- 20,086. 12
Otoe and Missouria --------------------------------- 16,036.87
Cherokee school------------------------------------- 240. 57
— 765,221.80
º-sºº ammºsºmsº
Which added to the sales of public lands makes a grand total of.----- 10,893,397.05
SALES OF PUBLIC AND INDIAN LANDS DURING THE FISCAL YEAR 1882.
(See tabular statement of total dispositions of pubtic lands for the fiscal year 1882 facing
page 521.)
Under all acts of Congress during the fiscal year ending June 30, 1882, the disposal
of public lands was 13,998,780.27 acres, and of Indian lands 310,386.13 acres, making
a total of 14,309,166.50 acres—greater by 3,415,769.35 acres than in the year 1881, and
embracing an area almost equal to the total area of the States of New Hampshire,
Massachusetts, and Connecticut.
i *- º #.
© ſ
! ſº - --- * - . * Recapitulation by States and Territories of the disposal of the public and Indian lands and abandoned military reservations during the fiscal year ending June 30, 1882, showing the number of entries made, the area disposed of, amount received therefront, and expenses connected therewith.
gº - ^s. - ----- . . . - - - - - - t º k ū -
ſ - - - • f - | *** *
- * Pºpº and [Fees t | º I A mount
i - g * g - - i rv. •: * * ºval "s" is s • * Lands entered i Lands entered - State other hºgs, received - inéilidii. received in
- * e * & wº • Ti"; nº r 'i sac * Excess payments on home- || Homestead entries commu- || Homestead entries commu- te g Final entries under Lands entered with Lands entered with ... JLands entered * = n. * * * , - * | Lands entered Lands selected un- and applica- for Aggregate of all cl f entri "º triplicate
* * e Sales of lands at public | Sales of lands subject to pre- Sales of timber and stone | Original entries, under Final entries ºndºr the Sales of mineral lands Sales of coal land stead, ti :- cul 3d to cash under secti d :* | Sales of abandoned mil- tº e x º' ºr ſº s: Nº ºn r, i. * t lan, 4 km to +; * { h a tim later-ſº g $ i t . . . . . r v--lar, al a or vic, ... "...' Lands entered with “. Y. l. with Sioux with Chip- : 4- Y. ºn +3 $ºv, c. * †º º $ ºn & Swamp- g *p, g ggregate of aſ classes of entries, ! salaries' ' tºpligate .
g - § S ate entry. e e & ve * it. : . "U-18)]{l & Cl3. $3 tº Ożll lºt I (1S. stead, timber-culture ted to cash under section ted to cash under section e g - Original homestead entries. . Timal homestead entries. Lands entered under the timber-culture act. the timber-culture military bounty-land agricultural col- •ivy • , , , ; c. , , , , ; with Valen- ** if - lyn's, a ſl 3. e with Porter- Donation claims. der grants to rail- | State selections. tions to pul’- reducing area of 1: dispos I , º, So lac a 4' * , , , , , , s . * ; Côrtifi-
Sales of lands subject to private entry auction. emption entry. lands. the desert-land act. desert-land act and other entries. " 2301 Revised Statutes. 2, act June 15, 1880. itary reservations. - t. - | act. : warrants. iège scrip. private land scrip. ºscrip. ºp breed !. sº field scrip. roads. lan. *| chase minº, testimony º ts #.º.º. and Sales of Indian lands. .. : *. of'
- : • * * * coal, timber, to - ſº loſſºs deposits on
| - * andstonelands. writing. !” ‘’. ‘’’ account
States and Terri- * - : * - | receivers. of surveys.
tories. - Aº *. ——--> ------ |- -- : - ...' *... *-* A * * . . sº a
e * e ~. e 4. * & e * * a . . . . Tw & * } ! i . g ; : ; : ! • g * e * ! | ---------- ~ *----------- ~ : - - - - ----------------- - - -- . .
3. $.3 §.E. # § £ 35 3 g 3. 3 £ 3 3 3 3 £ 3 É 3 º |É # 3 | 3 £ 3 | g g 3 £ |
• F-4 *— 2-4 "T" : epist ‘E ‘ā; º ‘F. 2- ‘E º º: ‘g º: ‘E º º: 2- ‘; ; 'g ; : ": ‘;I, . ‘E ; ; ; ‘. . ... . |
8-4 r: . r: Ç 5. --> 5 sº + 2 & +-2 e -j-> e --> g <!--> g --> º *}º & •º --> .3 ~$–3 $ <!--se .2 + ..Sº tº +: → - ~ 3 - - |
º: --> * += Gº 3. g +3 § +: : + 5 º s + g †: 3. * E § : 5 E ă --> 5 +: à % +: 5 § g; % # à % 5 5 5 3 * 3 5 5 : H +: +: : - •
d) e : P • B. P. F. cº cº-º: tº B Cº- g > &- o: 3 C+- Jº : &#–4 o: º tº- 2. c Cº- & Fº &#-4 a; º Sł- a; F: &- a; s &#- ar, £ &H ad •p- : & 4 •r. s &- * •- 5 | *- : 3 "F | *- d; i < r *- : 5. * ſº * of *~ | tº *: ; 3. tº o: of - * s £ e ~ .* - | E E E
*:: 3 gº? #3% Tº: Ç § 5 Ç É ă © 9 E • : à e g º: • : à e § 3. Ç 9 à e g 2 O g O C sº 3 C g ă 3 # C £ § C g ă o: c c : ; = | c. 9 tº . ~ 9 £ # g; # £ £ 3 || 3 | # 3 É § E q} 3 § g 35 a. g T- a. 5 2. g : + 2. ; g | g :
* º- 3 o ż *** & 3. º QP * es 3 * C $2 c C 2: C © - O Q : es 5 C Q AE c C 5 c § F. es C Q c § c 5 $º 3 | < | 3. 3. c 3 g c 3. 3. c 5 : < º <> c 5 3 s C c 5 & t- 3. S : 3 § s £ º F + t > & * | 2- t 2- 2
Ž 3 àes | #2 * à # 3 3 || 3 <! <! Z, <! < || 2 | <! <d z <! < 24 < < | | 2 | <! <! 2, <! 3 || 2 | * <! 2. <! <d 24 <! <! 2. <! 5 H -q 2. <! $ 24 <! 5 É 3 Ž 2. CŞ 24 | <! ă ă |_|_i ſã ž - || 5 || 2 || 3 || 3 || 3 | < | < | 3 || 3 |# Ž 4 || 3 || 3 || - à -: É -: := -: 2. ë. <! à i ≤ j : ; 3. * : * 2 £
------------ + -- | —---- ------------------------- l ------------------- ... -------, ----- —--—-— —' — — — —— ------- * —-------> I ------------- W ------~~~~~ : * *-* - * t ! ; w * *
| | | | - . - * . - ; - . * - | --- -- . . . ;-- . . . . - —--
Alabama...........] 301 || 49,284.37 $61,406 40 $99.29 $61,505 69 |----|---------|---------- 66 8, 154, 83 || $10, 193,06 ||-----|----------|------------ = s = * : * * * * * * * * * * * * * * * * * * * * * * s sº sº s º e º is tº º ºs we sº - I - - - - - - - - - - 2 : 139.63 || $400 00 - - - - - - - - - - -...---...----- 322 429.07 $547 20 | 40 4,650. 97 $5,813 76 || 250 21,666. 20 $24,210 25 |....................... 3.338 20129.4|sº as a sº on ºn 21 ss, 96.8% of $240 & .................................................... … * * * * * * * * * * * * * * * * * * 2 | 200.00 $500 | . . . . . --------------|--|-- !---------|----- -----------|------ ---------------|--|-------|--|--|-------|------|--|------------------|93,997.78 #1,002 00 -----------|-------- - - - - - - - - - - - 344 #704 00 B1,429 30 4,547 418,329.07 $131.934 30 7 298.05 $875 31 gig, ºr 15 ............
\rizona. ... --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------------------. - - - - - - - - - - - - - - - - - - - - - - - 26 3,606. 34 5,086 37 -----|----------|--- - - - - - - - - - 12 || 5,926. 59 $1,481 90 11 3,867.00 ($3,867 00 110 1,807.28 9, 275 00 |........................ 2 1. ()3 180 ------|-------------------------------------------------- • * is s : * * * * * * * as a º ºs e is a sº sº sº a wº 56 8,462.84 424 50 540 00 964 50 34 5, 314, 71 || 256 50 9 1,352.77 $36 00 $85 00 - $121 00 . . . . .----...-- ------- • * * | * * * * * * * * * * * * * * * * * * * * a s ºn a # s = * * * * * * * * * * * * * * -------------------------------|---------- | * * * ~ * > . . . . . . . . . . . . * * * * * * ~ : * * * * } - - - - ---------------------------------------------- '* * * * * * * * * * | * * * * * * * * * * * | * * * * * * * * = } = a, as a s = e s = e, , 288 2,000 00 1,234 35 | 548 21,150.81 24,335 (2 ...... | 1,78, sº $200 00
. * . Lºu RJº as a sº, sº sº me • * * * * * * * * * * * * * * * * *.. . * * * . …” & . * Fº & N g’ :* Art & s gº . * ....- - i . i | : -- ~~~~........... !----------. (, , , tº ſº,
Arkansas ---------- 517 55, 308. 28 69, 622 57 |.--------- 69,622 57 14 772.36 $1,059 53 30 1,864. 29. 2, 330 36 °799 |.. -------- *$34,066 25 .... --------------------- ----|-------------------- 3 43. 12 330 00 . . . . . . . . . . . . . - - - - - - - - - - - 161 656. 12 942 29 27 2, 133.45 2,666 81 64 : 5, 143. 14 i. 6,402 53 |----|---------|---------- 3,264 365,913. 98 || 9,473 13 25,000 00 34,538 13 755 77, 243.76 2, 15) 48 . . . . . . . i.------------|------ . . . . .--------------------- s = e s " - as º gº as a sº * * * ------- 3 400, 00 1000 - - - - - - - - - - - - - - - - - - - - - - - i-------------------- * * * * * * * * * * * * * * : * * * * • * * * * * * * * * * * : s as a tº . * * * * - - - - - - - - - - , * * * * * * * : * * * * * * * * * * * |- - - - - - - - - - - - - - - - - - 1,789.66 22 00 --------------------|----------- 715 1,430 00 1,536 52 6,352 426,747.81 157,002 47 ...... * * * * * * * * * * * * * * * * * * * * * * 26,003 48 . . . . . . . . . . . .
California.--------. 44 8, 385. 23 10, 715 11 ---------. 10,715 11 || 1 || 40.00 100 00 694 | 96,981.55 135,965 82 324 39,891.57 99,729 04 55 11,694. 15 2,923 49 18 2,105.93 2, 105 93 171 i 8, 513. 19 25, 180 00 || 2 || 320.00 $3,200 00 198 1,975.75 7,027 42 93 13,279.92 18,887 03 198 26, 246.74 35, 107 63 .............i.......... 1,988 285,651.98 || 14, 889 53 18,030 00 || 32,919 53 | 1,354 185,223.90 || 9, 232 99 306 39, 882.99 1, 224 00 2,655 00 i 3, 879 00 |. -...----------------- 6 || 880.00 22 00 || 1 || 80.00 $400 3 160.00 $6 00 2 80.00 $200 |...................|........... ---------------|--|--------------- 13,243.87 168 50 520.00 $800 21,423. 15 3,069 13212 00 | 8,560 06 8,527 529,723.43 | 408,955 55 ...... | - * * * * * * * - - - * * * * * * * * * = e 56,624. 59 66, 266 71
{}olorado 52 6, 704, 26 8, 380 86 ||---------- 8, 380 86 -------------------- ... 480 65,527.06 88,315 28 [.......--------|------------ e s = * º º º º ºs e < * * * * * * * * * * * * * * * = e = e I sº ºn as sº as a sº as sº e i e is ºn s e º sm º ºs sº 1,024 17,050, 73 63,722 50 | 11 1,439.94 18, 798 80 69 334.61 619 39 || 45 6,390. 21 10,616 81 || 44 5,815.75 8, 134 34 16 || 655. 76 $913 92 | 934 136,408.88 6, 155 26 8,695 00 14,850 26 543 78,574. 52 3,364 50 329 47, 436.05 | 1, 316 00 3,040 00 4,356 00 | 1 | 160.00 $400 | 5 || 480.00 12 00 . . . . . . . . . . . . . ------ 1 40.00 .-----|---. … --~~~ …l…!-------|--|-- ...................................h65,544.49 1,919 00 152,535.24 988 00 ........... 4,975 29037 00 2,686 80 | 8,529 534,257.02 256 is 96 | 42, 542 58 56, 232 67
.../ glū.v. i.v. a = * * * * * * * * * y ſº 5 .* * * * - r - | r | | | . ! - . y | - ; y + 3 * * * * * * * * * * * - - - - - - - - - - - - - ---------. 4- ) r & e-A t . ; “º 4
Dakota - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4,344 || 673,383.17 | 977,242 12 |.....].-----. s & sº a º sº e º me sº e s is tº º a s = e i s as * * * * * * * * * : * * * * s = s. sº as s as e. g., e i = * * * * * * * * * * * * * * * * * * * * 24 | 181. 67 897 50 -----------..!----------- 1,026 || 6,672.83 9,805 59 |1, 559 (245, 287. 98 362, 428 59 1, 941. 301, 574. 11 394, 984 02 . . . . . . . . . . . . . . . . . . ... ... 14, 156 2, 208,268, 64 63,803 82 139,085 00 202,888 82 | 1,430 210,087.15 5, 96; 27 9, 368 1,466, 532. 34 37,394 00 92,565 00 129,959 00 || 4 || 521.68 16 00 24 2,680.00 85 00 || 3 || 480.00 12 00 || 5 | 639.88 10 00: 16 613. 28 16 00 4 440.00 - ... 1 160.00 . . . . 2 80.00 ($300 |..............}. --------------------------------------. -------------------. 15,762 31,934 00 13,800 03 || 49,669 4,300, 131 sl 2, 130,045 94 200 25,250. 51 34,328 57 59,849 so 1,027,670 76
. . . . . . . . . . . . . . * * * * ~ * : * ~ * * * * ~ * ~ * * * * : * * * * * * * * * * * = • * * * * * * * * * * * * * * * * s sº º gº i º wº º - . ! - } i - 3. i 3. y 3. a. ? ------ ~ * & W º * -".” -'7, r. •2.1 ºr, o.o. º. sys), ; U – 4 ;
Florida. ------------ 970 125, 305.83 156,636 06 |---------. 156,636 06 18 1, 174.37 1,552 55 33. 3, 567. 59 1, 461 28 |. ----|---------------------- & sº sº º I s at e º 'º º sº º ºs ºº e I is is is ºr ºn tº sº º sº e s = s. s. e s is sº as e a as sº as : * * * * * * * * * * * * * * * * * : * * * * * * * * * * * * * * * * * * * ºn s = * * * * * * * * * * * * * * I e º sº gº as sº sº sº gº tº e 100 || 512.77 | 668 28 31 4,419.06 5, 607 17 496 57, 593. 48 63,431 04 |...}................... 1, 548 191, 033. 22 || 5, 391 94 | 12, 795 00 | 18, 186 94 762 91,726.66 2, 340 40 ....... . . . . . . . . . . . . . . . . . . . . . . . |- - - - - - - - - - - - - - - - - - - - - - s º ºs e I e º ºs e a s = * * * : * * tº sº e º ºs 14 1,349.89 400 ................... 30 1,200.00 8000 40.1° 100 ----------|--|--|------|--|--|------------|......…......... 65, 623. 62 ---------- 26, 194. 16 225 00 . . . ... ---.. 226 452 00 1,368 79 || 4, 229 || 416,001. 64 255, 004 51 . . . . . . !----------. ----------. 10,081 00 .....
Idaho - - - - - ) • * * * * * * * * * * * * | * * * * * * * * * * * * * * * * *~ as º ºs º º sº sº º º º ſº ..l.......... 206 28,083.41 85,959 02 -----|---------------------. 78 23,647.39 5, 911 99 || 5 | 1,398.94 1,398 94 20 392. 56 2,000 00 |........................ 49 227.05 279 93 17 2, 672. 02 3, 338 52 54 8, 243.72 9, 437 93 . . . . . . . . . . . . . . . ........ 528 80,632.00 3, 153 30 5, 110 00 8, 263 30 115 17, 548. 74 || 679 73 272 33,965. 61 | 1,084 00 2, 270 00 || 3, 354 00 |.........-----|-----...}.....-----............. a s e º ' - sº º e º is sº e s : * * * * * * * * * * * ---------- ..... I tº 00 100 ........... s = * * : * * = a, ; * * * * * * * | * * * * : * * * * | * * * * * * * * * * * is as s , s = < * * * * * * * * * * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 908 3, 156 00 1, 339 64 2, 253 166, 988. 02 || 75, 120 00 . . . . . . . . . . . . . 14, 450 90 18, 121 87
.* A tº Li U - - - - - - - - - - - - - - | * * * * * * - I - - - - - * * * * * * * * : * * * * * * * * * * * * * - - -- - - - - - : i y -- * * * * * * * * * * * * * : * * * * * * * * * * * | * * * * * * ~ * - - - y ; L -
Illinois. ... ---------------|--------------------------|----------------------- • * * * * * * * * * * * * * | * * * * tº tº gº ºn tº as 2. 97. 18 19011 |-----|---------------------. s as a s | * is sº as e s = * * * * : * * * * * * * * = • s as as a [ s sº e is a sº e º is tº * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - as as sº gº | * * * * * * * * s -----------| 1 ||---------- 4500 ------|-----------|-----------|----- sº i º dº º sº gº sº * * * * * | * * * * * * * * * s is * * * * * * * * * * * * g º * * * * * * * * * * 7 536, 75 22 83 50 00 72 S3 6 376, 75 | 1883 || -------|------------.i----------|-----------|----------- * * sº º j e s sº as º ºs º ºs º ºs * * * * tº ºn tº # = e tº e I = * * * * * * * * * | * * * * * * * * * , ºr a y : * * * * * * * * * : * * * * * * : * * * * --------------. - - - - - - - - - - - || - - - - - - * * * * : * * *- :- - º e i - - - - - - - - - - - - - - - |- - - - |- - - - - - - - - - - - - - - - - - - - • • * * * * * * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 170, 190. 64 -------|-----------|---------. 16 170, 824. 57 ** 77 ----------------------------|-----------|---.........
Indiana - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------------- ------. e = * * * * * * * * * * * * | * * * * e e s a s = | = e < ... • * : * * * * * * * * * * * * = }• * * * * * * * * * * * * : * * * * * * * * * * * * * * * * : * * * * * * * * * * * * e e i s me tº sº us tº a sº gº is a E * * * * * * * * * as sº sº is sº tº gº tº tº e º ºs º l = * * * * * * * * g º s = º sº tº 1 is sº * * * * * * * * * * * * * * * * * *s as as s s = | * * * * * * * * * : * * * * * * * * * * * | * * * * * * * * * * * * * * * * = ----------|------------------------------------------------------------------------------- 1. 40. 00 1 00 5 00 600 -------|-------------|----------|----------...-------|----------. --------- ------------ sº gº tº sº I s as º ºs º g º ºs º gº tº sº º ºs ºº e---------------------- ---------------------|---- !----------|-----. * * * * * * * * * * * * : * * * * * * * * * * | * * * * * * * !-------------------------------------------"-------|--|------------------------------------------------------------------------------------. 1 : " 40, 00 600 ------|-----------|-----------|----------|-|------------
Iowa. -------------- 10 674.86 843 59 |.......... 848 59 ....l.........l... e sº ºne ºr º ºs - 1 - - - - - - - - - - - - - - - = * = = | * ~ * * * * * * ~ * s = • , s = = e = | * * * * * * * * * * : * * * * * * * * * * * * sº gº º sº s as sº s as º ºs e tº e º ºs º is sº sº sº sº gº tº * = • $ sº tº s sº s º ºs e e i s m e º sº tº s º ºs e i < * * * * * | * * * * * * * * * * : * * * * * s = s. sº º ºs * * * * : * * * * * * * * * | * * * * * * * * = & e 2 10. 28 25 71 |-----------------|-----------|---------------------------- s = ** s : * * * * * * * * * * * * * * * * * * * * 32 3, 124. 14 107 75 195 00 302 75 69 5, 481.75 25.5 30 82 6, 235. 62 328 00 460 00 788 00 -------'. ------|------- s is as a * * * * * * * * * is I e s sº e = t = s. s - - - - : - - - - - - - - - | * * * * * * : - - - - * * * * * * * * * * | * * * * * * * * * : * * * * * * * * * * * * * * - - , , } * * * * * * * * * = tº gº * * * * I = * * * * * * * * * - - - - - - - - - - - - - - - - - - - - --------------------------|-----------| 7 14 801 95 219 10,044. 90 3,099 30 -----------------------...--. 3, 424 22 |.----------.
Kansas 8 497.90 724 75 - - - - - - - - - - 724 75 .------------|---------- 660 90, 465. 78 117,859 64 1.------------------------. º, a s e i s tº sº ºn is sº s = e º 'º j = * * * * * * * * * as e º sº sº º tº gº is Tº e s = e i < * * * * * * * * * | * * * * * * * * * * * * * * * * * | * * * * * * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 209 742.04 1,303 60 115 14,762.26 19,352 83 || 491 || 71,151.57 86, 266 52 48 1, 952.98 7, 297 50 3,789 537,349.07 || 17, 162 54 || 33,090 00 50,252 54 || 3,499 || 499, 300. 12 16, 127 14 1,933 273,053, 55 7,696 00 17,425 00 25, 121 00 71 || 9,915. 52 284 00 | 10 716.47 31 00 . . . . . . . . -----|------ 1 : 120.00 3 00 |....j-------|-----. * * * * * * * * * * * * * * * * -------------------------------|--|----------|-------. 74, 539. 20 685 00 4, 640.00 58 00 - - - - - - - - - - - 4,064 8,110 00 4, 607 49 14,881 984, 076. 99 || 338,016 01 1, 412 126, 756. 83 264, 545 05 63, 124 14 || 131, 485 60
* * * * * * * *e sº sº º is º - - . - : - e - +. 5 *.* * *. x -e, - . - }
Louisiana. --------- 539 367, 465. 40 462,087 63 .......... 462,087 63 || 3 || -186.54 233 20 -------------------|-------------|-- e s & tº ºn tº tº º sº e º sº a # * * * * * * * * * * * * as s = e i e º sº sº º ºs º ºs º ºs s : * * * * * * s as sº e - - - - I - - - - - - - - - - : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - s is e = | * * * * * * * * * : * * * * * * = s = s = 259 916.92 1, 159 88 2 199.40 249 25 31 3, 489. 26 4,008 02 || 5 | 199.38 389 57 872 116,703.70 || 3,053 88 7,765 00 10, 818 88 187 20, 737. 22 565 82 7 1, 004. 02 28 00 70 00 98 00 |--|--|----------|------- 10 | 1, 159. 33 34 00 i. . . . . . . . . . --------. 38 6, 697. 24 . . . . . . s = * * : * * * is us tº sº * * * * * * * * * * * * * * * * * * : * * * * | * * * * * * * sº tº gº tº m i as s = <= i s s = e - - - - - - - - - - - - - - - - - (f) ----------------------------- 480. 49 6 00 | 13,890. 92 10 20 00 203 97 | 1,963 508, 703.94 79, 877 22 -----------------|----------. 10, 489 66 186 35
Michigan 1,940 | 406,132.07 506,078 90 1,625 20 507,704 10 || 6 || 656.00 1,370 20 9 | 1,080.05 1,50 08 ................… a = as s : * ºn as as ºs e < * * * * * * * * * * * * * * * * * * * * * * * * = as tº gº tº e ] e º sº tº s m e º ºs = | * * * = * * * * * * * * * * * * * * * * * * * * * * * * * º sº ſº e º sº sº º ºs ºr sº * * ------------ 64 993.91 1,429 38 20 1,696.90 2,321 13 99 || 10,388.78 13,495 90 27 ......... 9, 250 00 829 103,465. 57 2, 891 49 6,955 00 || 9, 846 49 629 70, 156. 21 2, 292 37 ... . . . . . . . . . . . . . . . . . * as g º ºs se s sº * * | * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * : * g = * * * * 235 30,440.00 762 00 | 1 | 160.00 ...... 9 920.00 4 00 ................. …-----|--|--|------|--| 2 46.88 200 ------------------------------------------------..................... 204 | 408 00 | 1,492 33 || 4,074 543,893.93 551,937 96 ............................ 15, 902 99 1, 283 00
- sovia - - - - - - - - - - 3 se 3. y - - . - ! ; | . y - ~
Minnesota - - - - - - - - - 1, 353 152, 296.79 232, 083 69 .......... 232,083 69 - ... --------. ....... . . . 1, 132 166, 169. 10 250, 286 08 |- - - - - - - - - - - - - - - - - - - - - - - - - - - a s = s. e s = s. sº tº sº * * * * : * * * * * * * * * * • * * * * * * * * * * * * * * * * * * * * * * * * * | * * * * * * f * * * * * * * * * * | * * * * * * * * * * * * * * * * * * * * * * * * * | * * * * * * * * * * * 296 2, 185. 65 4,491 15 || 300 : 44, 915. 24 68, 363 25 502 || 75,408.84 |114,420 47 . . . . . . . . . . . . . . . . . . . . . . . 4, 244 588,343.61 22, 152 12 || 37,225 00 59,377 12 2,050 | 245, 646, 58 10, 175 09 1, 220 176, 741. 42 4,874 00 11, 305 00 16, 179 00 21 2,998.50 84 00 || 6 || 640.00 22 00 ............. [...... 1 40.00 1 00 |.... -------|------ 1 160, 00 , --, ----|------, ----|--|-- -------------|----|------------------ 8,968.87 115 00 | 16,266.95 203 00 76, 189.63 2,934 5,866 00 |4,923 90 14,000 1,188,001, 52 766,500 75 265 : 37,503.81 49,706 60 53,795 53 253,453 os
- - - { 3- gº g t; g rº cºs' . - t | | gºs, - * : -
Mississippi - - - - - - - - 785 219, 455. 84 274, 320 99 |.......... 274, 320 99 |....]. ---...--|----------|------|- - - - - - - - - - - - - - - - - - - - - - - - - -|-----|----------|- - - - - - - - - - - - as s as s \ = * * * * * * * * * : * * * * * * * * * * is sº a sº s sº º ºs e º ºs = s. is sº s ºr s sº as ºn s = & e º 'º e s : * * * * * * * * * * * * is e º ºs º ºs s gº tº gº * * * * : * * * * * * * * * | * * * s sº * * * * en & 96 273. 01, 369 84 2 199. 42 249 27 | 19 || 2,205.72 2, 542 23 ..... . . . . . . . . . . . . . . . . . : 1,119 || 138,488.36 | 3,467 00 || 9,375 00 | 12, 842 00 179 18, 627.93 || 485 00 ------|--------------------------------------------- * * * * * * * * * * * * * * * * * * * * * * * s = º e i s = * * * * * * * * * | * * * * * * * * * s = sº e I e º s ºs s sº sº, sº e i e º º sº tº º i s = e, e. * * * * * * * * * * | * * * * * * * * * * * * * * * * * * : * * * * * * * * * * * * * * * * * * * * * * * | * * * s : * * * * * * * | * = s.|-|--|-- |------- ------|----|----------|-------------------|-----------------------------------------|-------|---------- 306 75 2, 200 || 358, 217.21 291, 116 08 l 160, 96 482 88 7, 362 75 . . . . . . . . . . . .
Missouri. ---------- 529 | 128,357.68 160, 697 17 |.......... 160,697 17 |--|--|---------|---------- 3 259. 18 || 323 96 -----|---------------------- * * * * | * * * * * * * * * * * 1 s = * * * * * * * * * * * * * * * * * * * * * * * | * * * * * * * = as sº & sº gº gº ºs s \ = * * * * * * * * * * * * * * * * * * = * * * * * * * | * * * * * * * * * : * * * * * * * * * * = 63 || 325.54 451 52 11 | 1,037.70 | 1,397 13 9 793.82 | 1,005 02 |....................... 1,306 || 134, 222.68 3, 723 49 9,455 00 | 13, 178 49 297 30, 523.53 825 92 || ---. . . . . . . . . . . . . . . . ... ------------------------------ --------------------- s & e º * * * * * * * * * * [ s is as as ºs e º as s , a sº a • * * * * * * * * : * * * * * * , s as sº e ] = * * * * * * * * * : * * * * * e s = * * : * * * * * * s : * * * * * * * * * | * * * * * * * : * * * * | * * * * : * * * * = as * : * * * * | * * * * -------------|--|--|----------|-------- 3.19.46 6 00 3, 160.00 | 40 00 - - - - - - - - - -. 862 1,724 00 | 809 36 || 3,080 266, 644. 54 180,458 57 ............................ 13, 774 83 ||------------
Montana -----------|-------|- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - • - - - - - I - - ----------- ----------------------- 121 15, 249. 61 | 26, 533 82 . . . . . .---------|------------ 167 61,683. 13 15,420 88 54 |17,022.50 17,022 50 | 162 3,947.45 13,825 00 || 3 || 480.00 4,800 00 43 236.90 977 86 12 1,516.24 2,990 58 18 2,305. 49 3,689 72 ....................... 445 64, 682. 59 4, 308 00 4, 185 00 8,493 00 75 8, 509. 69 501 00 266 || 35,409, 94 | 1,064 00 2, 310 00 8, 374 00 |...}..........i....... 2 : 160. 00 800 | 1 | . . . . . . . . 4 00 … * * * * * * * * * * : s a m = * * • * * * : * * > * > * * * * * * * * * 3 100.00 ----|--|--|-------|--|--|---. !-------|------|--|--|- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4, 458. 74 ---------|----------. 1,026 5,012 00 932 43 2, 398 186, 463. 36 | 103, 584 79 |... . . . .--------------------. 14, 168 12 197 50
Nebraska - - - - - - - - - - 271 || 44,013. 95 51,830 62 4,037 09 || 55, 867 71 |....|..... ----|---...----- 483 | 68, 562. 41 | 91, 923 90 |. --...----------|------------ ----|-----------|---------- is * * * i s a s is º ºs e s sº | * * * * * * * = s. s : º sº sº gº ºn s : * * * * * * * * * * * * * * * * * * * * * | * * * * : * * * * * * * * e ] tº sº as e s $ tº sº is ſº as 239 992. 39 1, 585 33 96 14, 191. 55 19, 731 10 490 74,415. 34 | 89,732 64 . . . . . . . . . . . . . . . ...----- 3,223 471,939.05 || 14,211 12 29, 360 00 43,571 12 1,925 || 258,393.24 8,299 27 | 2,086 298,520, 11 8,284 00 | 19, 175 00 27,459 00 68 9,775.42 272 00 19 2, 160.00 62 00 1 160.00 400 .................... • * * * | * * * * * * * | * * * * * * * * * * * * * * * * * * | * * * * | * * * s : º ºs e º gº sº e i s is s sº I as a se is !------------|--|----- ºf----------. 74,007. 44 92900 -----------|---...--............ 1,937 3,870 00 2,997 56 10,838 960,355.35 346,304 63 1,287 120,406. 37,285,000 81 44,036 37 80,790 81
Nevada.-----------|--------------------|-------------|---------- …'…l…l… 7 792. 23 1,000 28 .... ---------- ------------- 14 1, 960, 00 490 00 | 13 3, 232.92 || 3, 232 92 || 131 1,972. 25 9, 345 00 |. - - - - - - - - - - . . . . . . . . . . . . . 3 2. 55 3 j6 j. 160. 00 200 00 1 160. 00 182 tº i---------------- ------- 31 4, 580.08 205 15 285 00 490 15 29 3,953. 84 182 30 10 1, 520, 00 40 00 95 00 135 00 - - - - - - - - - - - - - * * * * * * * • * * s ] * * * * * * * * = < | * * * * * s sº m & • a s sº * * * * * * * * * | * * * * * * : * * * * * * * * * * * * * * : * * * * * * s: º ºs e : * * * * * * * : * * * * * * * * * : * * * = sº gº & • - - - I - - - - } = • * * * * - I - - - - - - - - !------- s' s • * * * ! ~ *|--|------ ----|-------------------|---------- 67, 761. 16 908 00 |...... -- - - - 150 1,430 00 114 00 390 78, 588. 27 17, 713 85 |------|-----------|----------- 5, 835 00 . . . . . . . . . . . .
New Mexico .......]. ------|- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - w º e s \ is sº º ºs e º is gº tº ºf º º ºs º ºs º ºs|--| 40 4, 167. 29 6, 110 36 ..... • *s a sº sº s = < * * * * * * * * * * * * * * * 38 8, 338. 15 2,084 54 || 3 || 760.00 760 00 50 1,015. 04 || 5, 170 00 |. . . . . . . . . . . . . . . . . . ..... . 39 159, 49. 250 00 2 : 320, 00 400 00 l. -----|- - - - - - - - - - tº º ºs e º is sº e º as a , a sa sº s i a s as s = s. s is s s = e º sº as sº * * * 580 86,706.77 || 3,801 00 || 5, 525 00 9, 326 00 266 37,166. 27 | 1,636 50 24 3,351.99 96 0() || 2:10 00 306 00 ! . . . . . . . . . . . . . . . … * = < e º * * * * * * * * * : * * * g e º e = * - - - - - - - - - - - - - - - - - 2- 1 640.00 |...... 2 : 80.00 || 2 00 | 1 | 80.00 ----|--|--|-------|--|--|.... -------|------ 84 12,392.87 £420 00 -----------|---------------------|----. ----|----------. 484 || 1,529'00 211 05 1,564 116, 931. 60 28, 205 45 |. . . . . . . . . . . . . . . . . . . . . a- º º tº gº tº & 8, 612 08 2, 293 22
Ohio. ------...----. - - - - - - - - ------------------- ~~~~ as e s sº º ºs e º is ºn º 96 5,016, 31 16,735 22 ||------|---, - - - - - - - - -i-------------|-----|---------------------- * = a- - I s is sº an as as is “ - * * [ s = e s sº tº as sº sº a * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * = * * : * * * * * * * * * * * * * * * * * * * * * * * = | * * * * * * * * * 1 sº sº as is sº º is as * * * * * * * * * * : * ~ * * * * * * * * * * * * * * * * * * * : * * * * * * : * * * * * * * * * * * : * * * * * * * * * * * * *s sº sº º sm as sº sº as a e s sº as ºn e ºs ---------. * * * * | * * * * * * * sº e I sº sº se º sº tº - - - - J. 91. 0() 2 48 5 00 7 48 l 40, 00 * 00 --------------------|---------. • * * * * * * * * * * | * * * * * * * * * * * - - - - - - - - - - - - - - - - - - - - - - - - ---------, • sº a s a s s = s. • * = s. ºr sº e s s º sº sº a * * * * * * * = as: s , ºe is gº tº gº º sº sº ºn s i s is ºr m ms s * * * | * * * * * * | * * * * * * * * * * * * * * * * * | * * * * | * = as s e º ºs s = e < 1 s = < e i s = s. s. --------------------------------------------------------|------------------------ - - - - - - - 1. 200 ---------. 99 5, 107.31 10, 746 70 ------|---------- --------------------------...----.
Oregon -----------. 72 6, 062.87 7,650 46 .......... 7,660 46 3 86.49 167 20 ! 337 46, 257.38 80, 900 46 35 3,811. 51 9, 528 76 22 5, 535, 01 1,383 79 3 720, 00 720 00 10 : 303.32 922 50 ----|------------. ------- 103 570. 62 1, 105 63 35 5, 312.75 8, 553 61 28 3,656. 59 6,415 58 220 - - - - . . . . . 9, 225 00 1,059 153, 532.46 8,480 49 9, 625 00 | 18, 105 49 481 63, 638. 26 3, 191 96 590 88, 038. 77 2, 352 00 5, 795 00 8, 147 00 - - - - - - - - - - - - - - - - - - - - - 4 560. 00 1400 . . . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - e = sº e i = * * * * * * * * * * * * * * * * * : * * * * * * : * * * * * * * * * : * * * * * * * : * * * * : * * * * * * * * = < * * * * * * * * 16 4, 790. 27 140 00 -----------|----------|--|-- ------------------------. 1, 819 i 5,751 00 1,999 20 4, 837 309, 548.70 | 163,931 64 |. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . •27,656 15 62, 435 ()1
- } * . - - - - ! - - . }
Utah. -------------- * * * * * * | * * * * * * * * * * '...----------------------------------. sº e º e i e º sº sº as e s = e : * * * * * * * * * * 90 8, 754, 61 11, 697 48 -----|------------ - - - - - - - - - - 76 12,517. 41 3, 129 76 30 4,039. 13 4,039 13 140 1,242. 39 6, 540 00 19 2, 798. 22 35, 164 40 8 19. 24. 24 08 3 3.19.84 399 80 37 3, 760. 67 5, 120 98 |...}. -- . . . . . . . . . . . . . . . . 400 54,745. 43 2, 286 00 3, 380 00 5, 666 00 435 {}9, 640. 68 || 2, 349 00 32 3, 8:; 1.71 128 00 250 00 378 00 --------------------- 1 160.00 400 --. I- - - - - - - - - - - - - - - * * * * * * * * * * º º ºs º ºs º e º is s = º * * * * : * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * : * * * * : * * * * * * * | * * * * 2 80.00 200 ----|------------------|---------------------|--------------------|----------. 513 2,848 00 | 1,006 50 1,786 84, 149.01 78, 369 13 ------|-----------|------ . . . . . 8, 496 00 16, 244 50
Washington 21 6, 874. 77 8,943 45 . . . . ...... 8,943 45 .................. ..... 456 64,370.22 93,402.44 360 51,533.94 128,834 80 4 360, 00 90 00 - - - - - - - - - - - - - - s ºr sº tº s sº a mº e º f * * * *s tº ge --------------------- 11 1,516. It 26,761 70 155 852.90 1,622 54 74 11,433.24 15,842 41 129 | 18,819.37 27,068 98 |....................... 1, 581 231, 132.66 14, 176 44 14,475 00 28, 651 44 405 52,647.78 2,673 54 603 || 87, 524.76 2, 400 00 5, 590 00 7,900 00 |..................... 8 920.00 27 00 1 160.00 400 .................... * * * * : * * * * * * * i º sº tº gº ºn tº * * * * : * * * sº sº sº sº. 1 s = m, sº I a. `----------|---. 5 184. 46 5 00 || 5 | 1, 120.00 || 35 00 2, 840, 00 35 00 - - - - - ------|-------------------. 1, 621 7,439 00 3, 514 32 5, 448 || 449, 389. 88 352, 940 71 |- - - - - - - - - - - - - - - - . . . . . . . . . . . . . 29,812 25 62,221 43
ºvs • vs. -- " - - - - - - - y 7 ~, : # . | - : y
- - t | | sº ſº we gº e * r & Y: - t & & ºy e *g º t-sº * * d | : & * - | * fºx * r) * fº
Wisconsin . . . . . . ... 2,684 || 347,676.05 504, 888 86 |.......... 504,888 86 1 1.06 238 50 1() 920. 00 l, 650 00 . . . . . . . . . .----------------- as sº - e < * * * * = * * * * : * * * * * * * * * = * = | * * * * * * * * * * |----------|------|----------|----------- |--|--|---., --------------- 41 192. 47 428 19 15 . 1, 159. 55 1,699 57 93 8, 108. 27 : 12, 183 32 ----------------------- 879 98, 478.69 || 3,097 66 6, 865 00 9, 962 66 733 78, 681.00 2, 500 63 ||-----. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s = º me as s = º ºs e s i = * * * ----------|------- 6 900.00 2400 ................... 2 : 120.00 |...... * * * * i = < * m sº m sº i s = e º sº tº * * * * : * * * * * * * I sº * * * 1 80.00 - - - - i.... !-------|------|----|----------|-------- 31, 390. 04 414 00 |.----------|--------. 366, 338.02 || 707 1,414 00 874 63 5, 172 | 846, 156. 33 536, 278 36 . . . . . . . . . • * * * * * * * : * * * * * * * * * = e 25, 807 10 |......... . . .
Wyoming --~~~~ … . . . . . ...---------| … ------------- i---------- 26 3,067. 57 5, 284 34 - . . . . --------- ------------ 102 33,294.11 8,324 00 23 6,176.60 6,176 69 || 1 || 100.00 || 40000 9 2,080.0 35,200 00 || 4 || 33.63 57 97 || 4 480.00 568 78 : ...-----|-- . . . . . . . . . ------ . . . . …'…i.-------- 123 17, 387. 50 907 50 1, 120 00 2, 027 50 31 3,317. 44 169 50 | 20 2, 284. 44 S() ()() 150 00 230 00 . . . . . . . . . . . . . . . .----. * * * * : * * * * gº tº * * * * as º ºs e s m = * * * * * * * * sº s = < * * * * * * * * * * * * * * * ---------------- * * * * * * * * * as ºs º sº ºr s = * * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - |-------|------|----|------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 201 701 00 || 146 13 544 || 58, 307. 25 59, 285 91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,056 83 j. . . . . . . . . . . .
* * - - - - - - - - - - : - : ..]— | - -- ~~~~ . | :--— - i— . | ---— | * { . i . - #Eºs ºs *
Grand total...!10,096 1,924, 496.15 2,516, 920 go" 3,761 5s 2,522,682 19 342 7,933. 13 21,456 40 º 255 1,351,380.851,948,265 24 728 95,297.02 .238,092 69 568 164,955.94 41,240 35 160 39,323.11 39,323 11 1,84s 36768.63 137,907 50 558,634.33 123,924 90 3,552 19,51677 35,223 13 2,504 376,538.70 351,677 40 4,994 701,046.86 907, 839 77 316 2,808.12 27,075 99 45,331 6,348,045.05 213,730 78 AC3,585 00 G10,31573 |17,174 2,219,453.80 78,652 86 17, 1:7 2,566,685 00 G8,424 on 163,450 00 231,874 00 155 28,371. 12 660 00 355 43,865. 69 1,166 00 || 8 |1,640 00 28 00 91 10,577. 12 54 00 22 853.47 22 00 9 840, 00 .... 2 240.00 |.... 11.390.79 12 00 105 18,303.14 595 00 472,263.88 |4,695 50 276,111.74 P. 436 00 |648,032, 36 (42,777 º 00 56,897 06 |158,224 ||13,998,780.27 |7, 753,310 07 3, 172 310,386. 13 634,617 22 570,038 95 1,779, 189 51
i ! i - . i - . i i i - : i i i i - - - ; . . : | i & / i } f | ; . ! | i | | | | - - .
* - f Pater certificates $3. # The area of commuted homesteads, final homestead and final desert entries, and area and amount of Indian lands are not included in the grand aggregate.


* Sales of land in Hot Springs Reservation. - - -
Face page 521.
DISPOSITION OF PUBLIC LANDS TO JUNE 30, 1888. 521
The sales of public and Indian lands during the fiscal year 1882 to June 30 were, in
detail, as follows:
Cash sales: Acres.
Private entries.------------------------------------------------- 1,924,496. 15.
Public sales ---------------------------------------------------- 7,933. 13
Timber and stone lands---------. ------ ------------------------- 95,237.02
Pre-emption entries -------------------------------------------- 1,351,380.85.
Desert lands --------------------------------------------------- 164,955.94
*Final desert lands ---------------------------------------------- (39,323.11).
Mineral lands ---. ---------------------------------------------- 36,768.63
Coal lands ----------------------------------------------------- 8,634.23
Excess payments on homestead and other entries ---------------- 19,316. 77
Abandoned military reservation.--------------------- • * * * * * * * * * * 2,808. 12
*Commuted homesteads------------------------------------------ (376,656.10)
*Act June 15, 1880----------------------------------------------- (700,727.80)
Total cash sales ---------------------------------------------- 3,611, 530.94
Homestead entries (original).----------------------------------- 6,348,045.05
*Final homesteads----------------------------------------------- (2,219,427.10)
Timber culture entries (original).------------------------------- 2,566,686.09
*Timber culture, final ------------------------------------------- (23,371.12)
Locations with military bounty land warrants ------------------ 43, 865. 69
Agricultural college scrip locations.----------------------------- 1,040.00
Private land Scrip locations------------------------------------- 10,577. 12
Valentine scrip locations --------------------------------------- 853. 47
Sioux half-breed scrip locations --------------------------------- 840, 00
Chippewa half-breed scrip locations----------------------------- 240. 00
Locations with Porterfield Scrip.------------------------------- - 390, 79
Lands selected under railroad grants.--------------------------- 472,263.88.
State, school, and internal improvement selections--------------- 276, 111.74
Donation claims------------------------------------------------ 18, 303. 14
Swamp land selections ---------------------------------------- º 648,032. 36
Total -------------------------------------------------------- 13,998,780.27
Sales of Indian lands: Acres.
Cherokee Strip --------------------------------------- 29,508.02
Cherokee School-------------------------------------- 298.65
Kansas trust ----------------------------------------- 210. 72
Kansas trust and diminished reserve.----------------- 11,760.30
Osage trust and diminished reserve ------------------ - 81,817. 16
Osage ceded.------------------------------------------ 3,260.63
Otoe and Missouria.----------------------------------- 7,343.57
Choctaw orphan ------------------------------------- 160. 96
Pawnee.---------- * * * * * * * * * * * * * * * * • * * * * * * * * * * * * * * * * * * 112,982.80
Sac and Fox ----------------------------------------- 80.00
Sioux------------------------------------------------ 62, 763. 32
Shawnee absentee------------------------------------ 200, 00
— 310.386. 13.
which added to the disposals of public lands make a grand total of.... 14,309,163,40
Under all acts the entries and dispositions were in fact 17,182,024.33 acres. (See
page 524.)
SALEs of PUBLIC AND INDIAN LAND DURING THE FISCAL YEAR To JUNE 30, 1883.
(See tabular statement of total dispositions &public lands for fiscal year 1883, facing
page 522.) - -
Under all acts of Congress during the fiscal year ending June 30, 1883, the disposal
of public lands was 19,030,796.89 acres, and of Indian lands 399,235.91 acres, a grand
total of 19,430,032.80 acres, a total area about equal to the area of the States of New
Hampshire, Massachusetts, Connecticut, Rhode Island, and New Jersey, and the
largest annual disposition known in the history of the public land system; exceeding
1882 by 5,120,866.30 acres, an area almost equal to the State of New Jersey, and ex-
ceeding the business of 1881 by 8,536,635.75 acres, an area about equal to the surface
of the States of Delaware and Maryland.
*The areas of homestead entries commuted with cash, and of lands originally entered under the
homestead laws but subsequently purchased under the act of June 15, 1880, and the areas of final
homesteads, final timber culture entries, and final deserted land entries, are not embraced in the fore-
going total, such areas having been previously reported with original entries of the repective classes.
522 DISPOSITION OF PUBLIC LANDS TO JUNE 30, 1883.
TITLE TO MORE THAN 27,000,000 ACRES OFPUBLIC LANDS INITIATED IN 1885.
This statement only includes actual sales and dispositions. During the fiscal year
1883, in addition to the foregoing and not included in the grand total, title to about
8,000,000 of acres of public lands was initiated, under the several settlement laws, so
that, if these filings are consummated and title passes under them, the public land
dispositions for the year 1883 will be 27,430,032.80 acres, an area greater by almost
1,000,000 acres than the whole area of the State of Louisiana.
The sales and actual dispositions of public and Indian lands during the fiscal year
1883 were, in detail, as follows:
Cash sales: Acres.
Public sales.-------------------------------------------------- 273,069.62
Private entries------------------------------------------------ 2, 179,955. 14
Pre-emption entries --------------------------------- * * * * * * * * * * 2,285,719. 35
Timber and stone land entries ---------------- ---------------- 297,735.50
Desert land entries.------------------------------------------- 436,633.69
Mineral entries.----------------------------------------------- 31,520.18
Coal land entries---------------------------------------------- 15,612.82
Excess payments on homestead and other entries--------------- 25,677.00
Abandoned military reservations ------------------------------ 1,695.90
Total cash sales--------------------------------------------- 5,547,610.20
Miscellaneous:
Homestead entries -------------------------------------------- 8, 171,914.38
Timber-culture entries ---------------------------------------- 3, 110,930.23
Donation entries ---------------------------------------------- 4, 132.46
Entries with school warrants.----...--------------------------. 289. 85
Entries with military bounty land warrants - - - - - - - - - - - - - - - - - - - 45,414.42
Entries with agricultural college scrip --------------------. --...- 1,440.00
Entries with private land claim scrip (Supreme Court). -- - - - - - - 10, 580.00
Entries with Valentine Scrip ---------------------------------- 2,600.00
Entries with Porterfield scrip---------------------------------. 146.87
Entries with Israel Dodge Scrip.----------------. .------------. 800, 00
Entries with Wilson scrip .--------------------------------...--- 80.00
Entries with Sioux half-breed scrip.----...------------..... ---- 792. 27
Entries with Chippewa half-breed scrip- - - - - - - - - - - - - - - - - - - - - - - - 160.00
State selections (school, swamp, and internal improvement) ---- 214,570.50
Railroad selections.----. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1,919,335.71
Total ------ .* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 19,030,796.89
'Indian lands: Acres. - .
Cherokee School ---------------------------------- - 748. 84
Cherokee strip -----. ------------------------------ 59,800.09
Absentee Shawnee -------------------------------- 120.00
Kansas trust-------------------------------------- 17,836.75
Miami------------------------- • * * * * * * * * - - - - - sº tº dº ſº º tº 4,976. 34
Osage ceded -------------------------------------- 1,831.73
Osage trust --------------------------------------- 224,646.22
Otoe and Missouria.-------------------------------- 467. 99
Sac and Fox -------------------------------------- 118. 72
Sioux--------------------------------------------- 15, 531. 55
Pawnee------------------------------------------- 73,157.68
* Total --------------------------------------- 399,235.91
Making a grand total of (acres)----------------...-------- tº e = * * * * * * 19, 430,032.80
Under all acts the entries and dispositions were in fact 22,923,927.89. (See page 525.)
ENTRIES NOT INCLUDED IN THE ABOVE STATEMENT.
The foregoing total does not include the following entries, the areas of which have
previously been reported with original entries of the respective classes:
Acres.
Commuted homesteads---------------------------------------------- 930,876.29
Commuted (act June 15, 1880)-...------------------------------------- 305,243.67
Final desert land entries -------------------------------------------- 55,312.51
Final homestead entries...... * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * - 2,504, 414. 51
Einal timber culture entries.------------------------...--------------. 97,836.08
Total areas previously reported.---------...----......--------- 3,893,683.06
RECAPITULATION BY STATES
*
\
AND TERRITORIES OF THE DISPOSAL OF THE PUBLIC AND INDIAN LANDS AND ABANDONED MILITARY RESERVATIONS DURING THE FISCAL YEAR ENDING JUNE 30, 1883, SHOWING THE NUMBER OF ENTRIES MADE, THE AREA DISPOSED OF, AMOUNT, RECEIVED THEREFROM, AND EXPENSES CONNECTED THEREWITH. f
* •, - {} * i mºmental A. t
A Aſ - * Excess payments on home- ſº - g | Land tered Land Lands en- f Pºtº rººm i. º in
Sales of anºt to private Sales of ºl." public Sales º: º to pre- | Sales of tº: and stone origin. §§º the Finº * | Sales of mineral lands. Sales of coal lands. tiºn *:::::::::: *::::::::::, ‘.... *ſ jº, *iº, abºlº Total cash sales. Original homestead entries. Final homestead entries. | Lands entered under the timber-culture act. Fi. the *..."...º. * º lº. with º 'º. tºº Donation claims. Lands sº grants State selections. *...* º º: roºms Aſſº, '...' ..". Sales of Indian lands. tºº. ...}.
States and Terri. i andstoneiands. writing. ..º. ofº,
tories. i l'éC{}l VCI'S, g
2. <! -: 2, -: z. <! <d 24 | <! <! # 24 - >3. <! 24 < <! || 2 | <! " || 2 |_* <! || 2 | <! * | * | * * | *_| < * | * | * | * || 2: *_____. 2. <! 5 § -: 2. <! § Ž 3 5 É 5 || 3 || 3 3 || 3 || 3 ă ă = | f | 3 | < | # 3 # * * * * : * * * | # à 3. & | 3 || 3 # 3 & º ź 3 3 : z i ≤ j : 2 #
Alabama ------ - - - - 271 66,765. 11 $83, 501 24 1. 40. 11 $50 14 26 2,767. 05, $3,458.85 |...... [.... ſº sº sº e º e º e s = * * * * * * * | * * * * * * * * * * * * * * * * * i = a – e s = e as as a * * * * | * * * * * * * * * * * : * * * * * * * * * * | * * * * * * * * * * * * * *, * * * | * * * * * * * * * = 3 239.40 $2,394 00 369 º 85 $574 68 55 6, 667.96 || $8,276 45 180 | 16,086.08 $18,346 j4 .... . . . . . . . . .--------. 905 || 70,265. 52 |$116,601 50 2,212 268,732.09 $6,583 27 $17,715 00 $24,298 27 | 1,066 118,025. 89 #2, 908 46 -------|------------|-------------------------------- * * * * | * g º º sº s = * * * * | g is tº gº gº e º sº as * * * * I e º sº a sº e º ºs º gº tº e ºs º ºs s as is as e s as is sº sº a º º ºs e º as as as as * * sº sº s tº , s = * = as * * g. sº a as ºn s a s a ...------|--|--|------|--|--|------------------------------. 48 7, 633. 18 $96 00 -,--------------|---...--. 272 $560 00 $998 05 || 4, 503 || 346,630.79 $145,462 28 : 9 wº $936 03 $15,072 61 |.... . . . . . . . .
Arizona - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - • - - - - - - 31 4,272.07 || 7,038 60 |. -----|----------|---------. 71 36,584.78 #9, 147 75 6 1,919.00 $1,919 00 105 1,796.62 #9,225 00 ........................ 2, 15. 44 40 00 3 480.00 800 00 - - - - - - - - - - - - - - ---------------------------, ------- 218 42,668.91 28, 170 35 70 10,422, 81 , 586 50 650 00 1, 236 50 43 6, 178.27 321 00 33 4,336.85 $132 00 $280 00 $412 00 ---. -----------|-- - - - - - - - 1 | 157.97 || $4 00 - - - - - - - - - - - - - - - - - * * * * * * * * * * * * s : * tº gº sº gº & * s tº sº sº º sº º “ . * * * * * | * e º sº sº is s | * * | * * * * * * * * * * * * * * * * * | * * * * * * * * * * * * * is e º ºr as sº sº as sº me = * * * * * * * * * * * * * * * * * * * * * * * * * sº s : * * * * * * i e º sº º tº sº tº sº e = i e s = e º sº, s = a 403 : 2,056 00 938 65 768 57,586.54 33,138 50 |...... .......... º 7, 372 46 ||------------
Arkansas. - - - - - - - - - 596 101, 612. 06 i 127, 528 44 27 2, 177.68 2,922 10 40 2,246. 56 2, 858 17 | *103 ... - - - - - - *$9,357 00 -------------------------. * * * * * * * * * * * as es e s up * * * * * * * * * | *s s = º ºs s : * * * * * * * * * * | * * * * * s e º ºs e | * * * * * * * * * * * * * = & M s ºr sº º ºr as sº sº, sº m 134 635,-57 872 52 29 2, 576. 39 3, 243 41 68 4, 601. 71 5, 722 33 j. --.]--------...--------. 997 106,671. 87 152. 503.97 3,035 | 353,824 00 9, 239 53 23,955 00 || 33, 194 53 1, 118 117,023.73 3, 200 52 l 160, 00 4 ()0 10 00 14 00 ----|-------------------- 5 400. 0() 12 00 | 1 | 160.00 $400 ----|----------------|--|-------|--|--|-------|--|--|-------------|--|-----------------------|--------------------- ------|----------|--------. 766 1, 532 00 1,565 40 5, 923 461, 215.87 192,026 42 - - - - - - -------------------. 27, 338 59 |- - - - - - - - - - - -
California. --------. 98 21, 597. 66 26.997, 38 |. -----|-----------|----------. 887 | 125,274.73 182,02914 1,242 180,799.54|451,997 54 69 23,511. 10 || 5,917 78 19 5, 817.79 5,817 79 || 119 i7, 155.55 20, 141 87 || 3 || 480.00 5,200 00 271 985. 06 |10,621 53 181 26,068.47 38, 10246 177 || 25,752.05 || 33,675 67 |...................... 3,066 359,803. 64 780, 501 11 2,057 299,800. 12 15, 515 09 19, 145 00 34, 660 09 | 1, 190 170, 545. a 8, 348 43 327 44,670.05 1, 308 O0 2,895 00 4, 203 00 | 1 160.00 $4 00 15 | 1,600.00 52 00 ...........}.----. 4 160.00 $400 ||--|-------|--|--|-------|--|--|------------- --............. 1,494 238,413.45 2,986 00 45 6,929.35 $90 00 4, 211 22,633 00 7,107 05 12,419 951, 376.61 860, 588 68 |.... -- a s et as a sº sº s e s : * * * * * * * * * * 59, 737 70 || $48, 217 35
Colorado. ---------- 74 14,025.93 17, 732 43 ------|-----------|----------. 732 106,085. 27 142, 397 02 ------|----------|----------|--|-- - - - - - - ----------------. * * : * = gº gº tº ſº º ºs e º sº i s is a º ºs e e s sº a 1,361 13,290 49 (61,469 86 39 7,195.41 140,70820 104 || 490.27 - 922 10 74 11,067.78 15,583 04 25 | 3,450.46 4,422 37 || 7 ||340.84 $5624 2,416 141,484.21 388,79743 1,887 210,800. 43 9,412 50 13,380 00 22,742 50 722 107,092.15 4, 395 24 413 58,685. 02 | 1,648 00 3,795 00 5,443 00 . --. ~~~~ | 5 || 760.00 1900 ---|---...-------. 2 80.00 ......!.. :-------|--|--|-------|-- 1 40.00 $100 |...}......... … 81 12,914.20 162 00 º “… • • - - - - - - - - 6,072 30, 305 00 1,498 80 11,099 424,713.86 448,363 97 ...... !-------------------- 50, 196 09 28,476 95
Dakota............l.........----------------------------|---------------------- 9,509 1,484,623.652,016,407.25 ------|----------|------------------------------------- * * * | * * e s is a tº gº gº gº a e º sº º ºs e º sº is sº 39 354.79 1,667 50 | 5 || 481. 13 || 4,31130 1,490 11,378.78 21,944 17 4,408 693,560.47 948,305.94 603 || 93,763. 14 124,902 15 ...................... 16,054 1,496,788.30 3,117,598.31 22,061 3,437,386.68|96, 833 82 216, 345 00 313, 17882 1,735 264, 843. 27 7,897 13 11,199 I,755,419.58||44,624 00 110,425 00 ISS,049 00 '111 14,968. 12' 368 00 68 8,370.77 236-00 i5 800, 00 20 00 86 3,800.00 94 00 1160,00'............. .. * * * * * * * * * * * * * * : * * * * * * * * * * * * * * * * * * * * * 3, 841 614, 511. 65 7, 682 00 - - - - - - |- - - - - - - - - - i- - - - - - - - - 25, 721 51, $25 00 15, 337 12 80,882 7,317,236.98 3, 669,285 38 ...... --~~~~ 81, 406 83 |1, 321, 673 35
Florida. ------------ I, 540 215,005. 38 268, 878 19 6 220. 99 590 44 54 6,099. 14 8, 17526 ------|----------|----------|----------------|---------- * * * } & Gº as sº * * * * * * * * * * * * * * * * * * ! e º ºn s sº tº & sº sº º ºs e s s ºs s \ is gº tº gº tº ºn tº gº tº ge * * * * * * * * * * * * * * * … 134 527.64 1,410 37 102 || 11,975.96 | 16,050 06 || 345 40,371. 27 |46,449 99 ...................... 2, 181 221,853.15 341, 554 31 | 1,646 212,895.66 || 5,532 74 14, 230 00 19,762 74 767 | 90,201.35 | 2, 283 49 |------------------, ----------|-----------|----------. s tº º is ; ; º ºs º ºs º º tº sº as e --------. 8 || 839.92 21 00 ‘. . . . . . . . . . . … * * * * * * * * * * * * * * * tº E. º. º. º. º. * = { * * * * * * * * * * * * * * * * * * * * * ! we sº * - - - - - - - - - }• - - - - - - - - - - - - - - - - - - - - - - - - --~~~~ 104 16 674, 35 718 00 369 738 00 876 07 5,075 452,263.08 ; 365, 953 61 - - - - - - - - - - - - - - - - - - - - - - - - - - 10, 717 10 |... . . . . . . . . .
Idaho. ---- es e - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - | * * * * * * * * * * * 308 || 41,504. 21 53,096 73 ||------|----------|---------. 199 58.52. 11 14, 640 78 17 5,071.45 5,071 45 76 1, 291.27 6 585 00 .......... . . . . . . . . . . . . . . 49 269. 60 347 28 || 65|| 9,790. 12 | 12,630 99 20 ! 3,100. 43 3,563 05 |...}.................. 734 || 101,627. 19 95, 935 28 604 90,907. 61 3, 532 89 5,760 00 9, 292 89 177 - 26, 694. 26 | 1,020 76 310 40,105. 17 1, 232 00 2,655 00 3,887 00 |.... . . . . . . . . . . . ......... s sº * : * * * * * * * * * * * * * - gº tº º E tº e * * * : * & E & º sº º is º ºs º º sº º * as a º H º ºs º is g is sº * * * {= º ºs º we * | * * * * * * * | * * * * * h º º ºs º º is a º ºs : * * * * * * * * * * : * * * * * * | * * * , as sº tº sº ºn s = sº s : * * * * * * * * * * * * * * * } e º gº ºs º ºs tº º ºs & ſº tº 1 s º gº sº sº tº º ºs as “s º ºs s sº sº, º f * * * * * * * s = * : * * * * * = as sº + 1,227 4, 376 00 1,597 33 3,052 232, 639 97 116, 109 26 ~ * * * * * * * * * * | * * * * * * * * * * 18, 248 43 | 11, 375 47
Illinois...... .............}. -----------|-- - - - - - - - - - - - - - - - - - - - - - - - - - --|-----------|-------|------------|------------|--|--|--|-- - - - - - - - - - - - - - - - - - - - - - - - - ---------------…l. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * : * * * * * * = s = s. * * * | * * * * * * * * * * : * * * * * * * * * * : * * * * * * | * * * * * * * * * * : * ~ * * * * * * * * : * * * * * * ! = < * * * * * * * * * * : * * * * * * * * * * * * : * * * * * * | * = ~ * ~ * ~ * ~ * ~ * : * * * * ~ * ~ * ~ * , * * * : * * * * * * * * | * * * * * * * * * * : * * * * * * * | * * * * * * * * * * * * : * * * * * * * * * * * * * * * * * * * * : * ~ * * * * * * * * * * : * = = ~ * ~ * * * * * | * ~ * ~ * ~ * * * * * | * ~ * = w = • * ~ * * | * * * * * * * : * * = • - - - - - - - - - - 1 = < * * * * - - - e. tº º se sº sº * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * | * * * * =------ tº sº * : *s º º sº as ºs º º º sº * | * as sº ºn as ºs ºs s e • * * : * * * * * * * * * * : * g e º ºs ºr & sº * a m = | * * * * * * * * : * * * * * * s sº s : º sº as sº as a s is ºf e !------ * : * * * * * * * * * * | * * * * * * * * * * : * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * : * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * : * * * * * * * * * * : * * * * * * * * * 2 4 00 - - - - - - - - - - 2 -------------. 4 00 - - - - - - !-----------------------------.............
Indiana ------------------|------------------------------|- tº sº s = e º sº se s tº as a s is sº º sº tº e sº e i = * * * * * * * * * *s ºr e º 'º -----------------|----------------|-----------------------------------. * * * : * * * * * * * * * * * * * * * * * * * * * * : s = sº º ºs º f is ºr sº tº º ºs e º e s \ e º e º ºs sº tº sº tº a * * * | * * * * * * * * * * | * * * * * * * * * * | * * * * * * | * * * * * * * * * * : * as as s e s = e ºs e i e s s = * * is . * * * * * * * * = * * * * * * * * * * * * * * * | * * * * * * | * = a, a s as se e s sº e = } e º as as w as a = • * * * * * | * * * * * * * * : * * * * * * * * * * : * as a s = e * | * * * * * * * * * * * * * * * * * * * * * * * * * 1. 56. T0 1 40 5 00 ° 40 ---------------------|-----------------|------------|----------|-----------|----------- * is sm * * * * * * g º sº º is tº º ºs º sº as sº as we is sº sº i º ºs sº tº gº tº as sº gº is as sº tº ºn tº gº tº e = sº me as l & Bº Đº tº gº º sº s \ = * * * * * ! s sº gº sº sº º e º sº, sº * * * * * * * * * * * • * 1 s º ºs • * * = | * * | * * * * * * * * * * : * * : * * : * * * * * * * is sº ºn as sº * : * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * : * * * * * * * * * * * * * * * * * * * * * * * * * * * , s = * * * * * * * * * * * * * * * * * * * * * * * * * * * = l 56. TO 6 40 i--------------------------|-----------------------
Iowa -------------- 14 703.95 929 94 |.----.i. as sº me a tº sº ſº gº as º f tº ſº tº ºn tº dº sº tº e º sº 2 240, 00 300 00 ------|-------------------. ------|----------|---------. • - - ) - - - - - - - - - - - i - - - - - - - - - - I - - - - - - - - - - - - - - - - | < * * * * > . . . . * * e º is a gº º ºs º & ºn tº sº º º sº º ºs e º g 1 8. 34 10 42 I 40. 00 5000 ------|------------|-----------|. * * * * * * * * * * * * * * * = as ºs º e º s e. 18 952. 29 1, 290 36 26 1,982. 61 81 00 120 00 201 ()0 6() 5,066. 35 224 25 42 3,373. 40 | 168 00 250 00 418 00 20 2, 165.33 8000 ----|------------------- s sº º ºs º ºr e º an a as m sº sº ºn tº e - - -W e - - - - - - - - - = • * ~ * ~ | - - - - - - - - - i - - i - - - - - - - - - i - - ? • - I - * * * * * * : - - - - - - I - - - e > * > - - - - - I - - - - - - - I - - - - - - - - - - - - - - - - - - - ) - - - - - - - - - - i. J. 80. ()() 2 00 10 20 00 1, 498 58 177 6, 388. 30 3, 734 19 i-------------------------. 3, 401 63 -----------.
Kansas ------------ 44 5, 540.15 6,985 21 |------|----------- -----------| 412 54,526, 19 74,425 41 ||------|----------|--- * * s = * * * : * * * * * * | * * * * * * * * * * | * * * * * * * * * * * * * * | * se s sº sm º ºs e º ºs s \ w, is as sº tº ºr sº sº sº sº I s m = * * * : * * * * * * * * * * * * tº ºs º º sº e º ºs e : * * * * * * * * * * * * * * * * * * * * * * * * * * 208 995.72 1,965 17 95 12, 634.82 17, 875 22 86 11, 628.63 14, 988 79 f6 950. 74 |#3,983 47 851 62,012.80 | 120, 223 27 3, 549 508,780. 91 | 16, 145 83 31, 680 00 47, 825 83 3, 517 506,081. 49 |15, 964 33 1,690 237,860.95 6, 748 00 | 15, 275 00 22, 023 00 185 24, 965. 06 740 00 7 680. 00 1700 ----------- .---- • * * | * * * * * * * * * * } e º sº as sº wº sº e º º sº º sº º s sº sº as º 'º º 'º gº gº & º is tº º # * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1, 847 295, 587, 31 3,696 00 2 320, 00 8 00 6, 206 | 12,394 00 2,743 28 17,854 1, 105,241.97 225, 634 71 |2, 290 300,211.13 335,885 33 62,026 01 21, 792 22
Louisiana---------. 615 350, 112. 85 438,401 10 19 2,789.98 || 3,487. 48 2 287.77 35971 ------|----------|----------|------|----------|----------|- * * * | * sº s sº sº º sº e s = e sº * * * * * * = = * I sº * * * * * : * s is at e º ºs as sº e I sº gº me s & ºn e º sº gº s ºr “ I & tº º is sº º & sº gº as s ºr sº º ºs º is gº gº º 416 1, 595. 82 2, 118 91 4 356. 25 445 31 23 2, 345. 29 2, 799 63 || 9 || 398. 32 796 01 | 1,088 355,184.74 448, 408 15 936 124,660. 19 3, 624 63 8, 305 00 | 11, 929 63 185 20,996.94 575 93 52 7 754, 26 208 00 505 00 718 00 -----------------------. 4 240, 00 10 00 || 2 | 289.85 5 00 - - - - - - - - - - - - - - - - - - - - * | * * * * * * * * * * : * = | * * * * * * * : * * | * * * * * * * * * * * * * * * * * * * * * | * * * * * = * * * * is nº sº * * * * * * * * * * * * * * * * * * * * * * * * * : * * * * * * * * * * : * * * * * * | * * * * * * * * * * | * * * * * * * * * 12 24 00 106 65 2, 270 488, 129. 04 461, 772 36 |----------------|---------. 10, 777 10 |.-----------
Michigan.--------- 1,173 238,889.70 |299,988 63 25 902.87 2, 226 47 8 839, 60 1, 299 50 --------------- ----------------|----------|----------|- * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * | * * * * * * * * * * [ s as e s m = n = s. s. * * * : * * * * * * * * * * | * * * * s is º ºs e a 52 | 732. 12 1,126 05 || 51 4,768.80 6,560 99 || 72 6,973.63 8,828 72 ----|--------|---------. 1, 381 241,364. 29 || 319, 530 36 639 79,173. 12 2, 209 82 5, 290 00 7,499 82 534 59, 509.08 1,838 16 ||-------|------------|----------|-----------|----------. * * * | * * * * * * * * * * * | * * * * * * * * * 238 30, 125. 76 748 00 3 480.00 12 00 160 10,020.00 -----. --|-------|--|--|-------|--| 1 | 87.08 100 -------------------|-------------------|----------------------------------- 228 456 00 864 24 || 3, 184 || 361, 200. 22 30, 949 58 -------------------------. 13, 478 81 572 ()0
Minnesota --- - - - - - - 2,487 355,904.05 || 505, 331 49 2, 992 264,051. 16 495, 681 83 803 || 116,545. 10 || 178, 953-18 ||----------------|----------|------|----------|---------. * * * * * * * * * * * * * * * : * * * * * * * * * * i s = * * * * : * * * * * * * * * * 1 s sº sº, º s = e = * * : * * * * * * * * * * * * so sº e i s sº e º sº a s = s. s. 242 1,845.65 3,860 00 || 460 | 68,243. 90 | 103,810 87 168 23, 138.84 37,339 73 ----|---...---|---------- 7, 152 | 738,345.96 (1,324,977-10 3, 146 431,872.75 16,471 62 27, 655 00 44, 126 62 2,279 286, 238.75 |11,732 58 883 122,750.39 || 3, 528 00 7,915 00 11,443 00 | 84 11,495. 25 || 336 00 4 440.00 11 00 |-----------------!. * * * | * * *s as s º ºs º ºs º s is º ºs º is 2 320.00 -- 2 160.08 ||--|--|-------|------------------------- 1,454 232,473. 84 2,906 00 185 29, 591. 71 370 00 2, 159 4, 308 00 3, 155 10 || 17, 350 | 1,555,954.65 1,403,365 40 131 15,531.55 19,684 20 54,074 80 | 110, 182 51
Mississippi-------- 925 348,984.97 || 436, 339 87 - - - - - - - - - - - - - - - - - - - - - - ------|-------------------|------------|----------------|---------|------|--------------------- * * : * * * * * * * * * * * * * * * * * * * * sº sº I as as as sº e º i e s = e º s a tº as a a tº gº e º ºs & sº sº as I sº * * * * * * * * * * * * * e i º ºs ºn tº gº gº as ºs sº tº 109 446. 07 557 66 4 280. 76 350 98 23 2, 491. 47 2,857 15 - - --|--------|---------- 1,061 349,431.04 || 440, 105 16 1, 356 | 167,079.90 4, 192 00 | 11,405 00 15, 597 00 288 32,008. 77 80800 -------------------|----------|-----------|-----------|- gº tº ſº I as gº gº is º gº tº gº º sº a j as sº as º as ºs º ºs s. * * * : * * * * * * * * * * : * = sº as a s = * * e tº as , ºº & # * tº gº sº sº sº sº sº º sº tº * = s. = * = <= * * * * * * | * * * * * * • * : * * * * * * * } is e : * * : * * * * * * * * * * | * * : * * * * * * * : * * * * * * : * * * : * * * * * * * * * : * * * * * * * 8 1, 226.42 10 00 i-------------------------------- ~ 294 00 2, 713 517, 737. 36 456, 820 16 - - - - - - - - - - - - - - - - - - - - - - - - -. 7,604 60 |. -----------
Missouri. ---------- 359 28,924. 33 36, 268 38 1. 40.00 61 00 7 456.50 620 61 ------|--------------------------|------ -------------|--|--|---------------------|------|----------|---------. * * : * * * * * * * * * * * * * * * * * * * * * 87 435. 24 930 95 14 880.00 1,600 00 17 900. 19 981 73 ----|--------|---------. 485 29,856.07 || 40, 462 67 1,755 206,233. 16 5,389 79 13, 560 00 18, 949 79 352 34,856.82 | 1,000 34 ||-------|------------|----------|----------------------|- tº ºs e i º ºs º º ºs º gº º gº º is as º ºs ºs º ºs e º sº 4 280. 00 1000 -----------|-----. * * * I as e º sº gº tº dº sº tº e i º º sº º ſº º sº s is tº tº sº m s tº ºs s : * * ! e º ºs º gº tº se ; as as { * * : * * * * * * * | * * * * * * | * * * * * * * * * * * * * * * * * * = * * * * * * * * * * : * * g º sº º tº ºn tº as sº w i s s sº s = * * * * * 20 2,981. 57 40,00 781 1, 562 00 415 23 3, 397 239, 350. 80 62, 440 03 -----. ----------|---------. 12, 845 98 ||------------
Montana- - - - - ------|-------|------------|------------------|-----------|----------- 251 | 35,712.47 57, 757 18 ------|-------------------. 213 71,315.47 17,828 99 61 17,555.35 17,555 35 | 160 3,146.26 12,520 00 8 851. 19 15,423 80 47 266. 68 521, 31 28 3,912. 21 7,452 21 27 3,793.83 5,832 29 |--|--|--------|---------. 795 || 111,292.07 || 134,891 13 569 || 81,213.01 || 5, 154 00 5, 210 00 | 10, 364 00 144 18, 027.88 | 1,089 00 403 || 53,952. 71' 1, 596 00 3, 555 00 5, 151 00 - - - - - - - - - - - - - - - - - - - - - - - - s & sº sº e = * * * * * * | * * * * * * * * * sº e = * * * * * * * * * | * tº as º ºs ºs gº ºn s : * * * * * * * * * * * * * * * * * 5 312. 27 |--|--|-------|--|--|-------|----- ---...----------- i, 228 196, 554, 21 2,456 00 - - --------------|--------. 1, 278 4, 854 00 882 24 4,422 443, 324. 27 159, 687 37 * * * * * * * * * * * * * * * * * * * * * * * * * * * * 18, 874 09 |- - - - - - - - - - - -
Nebraska. --------- 176 30, 326. 56 || 38, 105 97 ------|---...------|----------- 585 85,094. 69' 113,200 02 ------|--------------------|------|----------........... * * : * * * * * * * * * * * …'…l.…. - - - - - - - - - - - * * * * sº sº m is sº º m sº m is I & sº tº sº sº e º sº a ge 313 1, 468. 18 2,063 06 209 || 31, 313.95 || 42,059 57 229 34,600. 97 42,395 28 - - - - - - -..... . . . . . . . . . . 1,512 116,889. 43 237,832 90 4,728 716,509. 90 20, 323 46 44, 575 00 64, 898 46 1,768 24, 511.71 7,434 89 3,216 || 481,704, 70 12,820 00 30, 590 00 || 43,410 00 317 || 43,522. 32 1, 268 00 5 520. 00 16 00 l---|-------------- * as sº as i s m = * * * * * * * * * * * * * * * * | * * * * * *s is [ s = | * * | * * * * * * * * * * | * * : * * * * * * * } = * * * * * : * sº e ] = * * * * * * * * * * * * * * * * | * * * * * * * | * * * * * * * * * * * * : * * * * * * * * * * 80 11,786.06 160 00 3, 551 7,046 00 2,235 39 15, 177 1,327,410.09 364, 301 64 ! 018 73,744.39 (268.89871 45,786 82 28, 421 41
Nevada ------------|-------|------------|------------|------|-----------|----------- 1. 160.00 20000 ------4-------------------- 2 120. 00 30 00 10 | 1,910. 18 1, 910 18 53 741.33 3,835 00 ----|---------, ---------. 2 .84 52 25 ------------------|------------ 2 320. 00 368 00 |. --. I.-------|---------- 70 1,022. 17 6, 395 43 26 3,687. 89 18525 230 00 415 25 21 2,751. 16 129 O0 2 280. 00 8 00 20 00 28 0 ---------------------. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * : * = * = sº º * * * * * * * tº G & º ºr se is . * * * * * = • sº i is s = • * * * : * = | * * : * * * * * * * : * = , = • , ºr as a s is e = * * * * * * * : * * * * * * * * * * * * * : * * * * * * * : * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 473 (74, 946. 61 946 00 84 805 O0 26 50 676 79, 936.67 8,745 18. • * * * * * * * * * * * * * * * * * * * * * * * * * * 4, 925 67 |. ----------.
New Mexico . . . . . . 27 4, 136, 46 || 5, 170 60 |......|- - - - - tº sº, sº e ºs e I m sº sº es e º 'º º ºs is sº 247 35,878. 09 49,869 58 |......}.-- & sº sº tº º ºs º as s = º ºs º º is as as 129 || 33,781. 67 || 8,444 44 || 6 || 2, 447.09 2, 447 09 34 621.43 3, 170 00 . . . . . . . . . . . . . . . . . . . . . . . . 82 525.36 || 930 25 32 4, 880. 24 6, 281 34 || 7 | 1,118, 65 1, 288 00 |............ . . . . . . . . . . 564 || 74,943. 01 || 77,601 30 1 014 || 151,800. 87 || 7,716 00 9,710 00 17,426 00 551 81,487.35 3,687 00 159 22,091.82 636 00 | 1,445 00 2,081 00 ----|----................ I 80, 00 200 i----------------- e = e º f * * * * * * * * * * : * * * * * * * * : * tº gº tº º ºs s r. ss as º ºs I & gº e º sº gº e º sº sº i º º & ſº º º sº tº sº sº & sº º º º 2 280.00 $1000 -------4----------------------------------------------- 985 3,333 00 641 50 3, 276 249, 195. 70 104, 781 80 i.--------------. tº gº ºs º ºf ſº ºf sº ºn s 12, 998 44 25, 140 69
Ohio - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --|----------- 2 . 169, 36 428 40 ------------------------------------------|-- --------- * * * * * * * * * * * * * * * : * * * * * * * * * * : * * * * * * * * * * * * * * * * * | * * * * * * * * * * * * * * * * * * * * * * * * * * | * * = • * = * * * * | * * * * * * | * * * s sº sº sº as as a a s sº e s m = e = e ] e s = e = • , e, e s = < e s - - - - e e s = < e < e = * * * * 1 80, 00 93 00 ----------- --...----- 3 169, 36 516 40 1: 40. 00 1 40 5 00 6 40 1 160. 00 400 -------|------------|---------------------|----------- sº tº & & º º sº sº tº gº tº dº sº sº º ºs ºs º ºs º ºs º ºs * * * * * * * * * * * * * * * * * * * *s as ºs a * * | * * * * * * * * * * * * * * * * = ~ * | * ~ * ~...~ * ~ * ~ * : - - - - - - - - || s • * ~ * * * : * ~ • - - - - - - - - ) • * : * ~ ; * * * * * * * : * * * * * * : * ~ - - - - - - - - - - - - - - - - - ) - - - - - - - : * ~ * * * * - - - - - - - - - - - - - - - - - , = • = - - - , s = * * * * * ~ * * : - - - - - - - - - || s = = * * * * : * * * * * * ~ * = - ; * = * * * * * * * * 5 209. 36 526 80 ----------------------- ------------------------
Oregon ------------ 207 || 32,633.28 41,360 90 3 96. 10 411 45 578 82,925. 41 || 146, 926 88 132 15,912. 52 39, 781 37 52 13,673. 50 3,418 30 || 4 || 1,730.70 | 1,730 70 8 719.39 1,832 50 1 157.06 | 1,570 60 176 956. 32 1,759 17 64 9, 614. 54 18, 114 21 36 5,084.70 || 7, 841 61 172 . . . . . . . . 9,830 00 1,433 147,073.58| 274, 577 69 1, 589 236,362.04 || 12, 518 83 14,930 00 27,448 83 600 85, 559. 67 || 4, 229 94 767 116,334. 14 3,056 00 7, 360 00 10,416 00 2 240. 00 8 00 ! 3 400, 00 12 00 ----------------- is as sº i as a s sº s as a s is e i s = s. s is as * * * * * * * * * * | *s sº I & & W = * * * * * * -------|-----. 12 3, 532, 67 105 00 2 191, 34. 4 ()0 7 935. 03 13 00 2,914 || 9,754 00 | 1,965 07 || 7,329 504, 828. 80 328, 583 53 - - - - - - - - - - - - - - - - - - - - - - - - - 29, 374 13 89, 235 88
Utah ------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - * * * * * r * * * * * * * * * * * 69 8,207. 18 10, 759 06 ... ---|- - - - - - - - -]....... ... 137 34,313.27 | 8, 579 88 55 8, 253.99 8,253 99 151 1, 115.41 5,715 00 15 2,051.51 39,865 00 19 77. 45 120 25 3 199, 5] 448 78 34 3,903. 08 5,053 75 . . . . . . . . . . . . . . . . . . . - - - - , 483 45,764.82 78,795 71 || 432 || 58,639.05 || 2,596 50 3, 695 00 6, 291 50 465 61,915. 86 2, 562 00 62 7,509.99 || 248 00 510 00 758 00 |--|--|-------------------- * * * : * * * * * * * * * * | * sº tº s ºr sº s = e e s a as ºs ºn sº s = s. º º ºs ºn e º me sº sº º ºr s sº s ºr ºs e s = g { * ºr sº º º ºs • - - - - - - - ) • - ‘...------|--|--|---------------- s sº * * * * * * * - - - - - - - ; - - - - - - - , , - - - - - - - - - - - ) w = • * *`-----------|------------------- 561 3,045 00 627 00 2, 003 111,913.86 92,079 21 - - - - - - - - - - - - - - - - - - - - - - - - 7, 817 50 | 13, 296 19
Washington . --...-- 130 33,669, 81 42,087 26 ... --------------|----------- 595 82,875. 41 129, 276 82 727 101,023.44 |252,558 60 58 25,616. 29 6, 404 09 || 9 || 1, 038. 11 | 1,038 11 ||----------------|-- . . . . . . . . 27 3,929.90 71,759 70 242 1, 190.88 2, 412 55 186 27, 507,45 | 40, 572 53 || 101 14,694. 21 22, 646 88 . . . . . . . . . . . . . . . . . . . . . . 2,075 248,305.73 568,756 54 2,537 || 375,735.94 23,125 14 28,815 00 46,940 14 646 88, 506, 67 4, 369 39 944 139,737.05 3,760 00 8,935 00 | 12, 695 00 3 320. 00 12 00 i 3 280. 00 700 - - - - - ------------ * g g : * * * * *s e = * * * : * * * * * * f * = | * - - - - - - - - - - - - - - - - - - -] 2 69.82 2 00 i 319. 79 . 10 90 -----------------------------------|----------|--------- 4, 181 17, 599 00 2,621 34 10,392, 764,448.33 653,012 41 ------|-------------------. 34, 698 43 22, 416 68
Wisconsin --------. 2,367 || 331,082.89 478,086 60 54 2,750. 73 || 3,438 41 41 4,310.08 7,644 88 i.-----|--------------------|------|----------|----------|- * * * * * * g º ºs e s tº gº º s # 8 ºr se is sº º ºs s º ºs I e s = * * * * * * * * * * * * * * e as sº * * * * * * * * * * | * * * * * * * * * * | * * * * tº as use tº tº tº 54 290.83 906 95 33 3,744, 24 5, 269 08 58 6, 285.04 8, 361 18 |. ---|--------|---------. 2, 607 || 338,434. 53 508, 70655 | 1,000 115,567.96 3,853 96 || 7,840 00 11,693 96 || 719 - 72,901. 67 2,242 46 ------............. …]…l.… tº e º is ; e º º ºs º ºs º gº tº sº $ tº gº tº e s = º º is 3 160. 00 600 -----------------|--|--|----------------|--|-------|--|--|-------|--|-- ------- tº º sº sº s sº i º º is * * * * * * * * * * * * * * * * 2,000 310,880 11 4,000 00 441 70.325.82 882 00 717 | 1,430 00 551 85 7,487 $44,318.42 524, 512 82 ------|-------------------. 26, 106 05 * * * * * * s º is e º is
Wyoming---------- 1. 40.00 100 00 |... . . . --- | gº ºs e º ºs º ºs ºs º º º 31 4,609. 82 7, 16500 ------|----------|---------. 324 |139,155.50 |34, 774 90 28 9, 568. 85 9, 569 00 * 6 1, 287.64 || 3,445 00 || 2 | 277. 22 3.5440 12 85. 34 105 ()0 2 312.47 390 00 6 760.00 1,200 00 |...................... 412 145,455. 52 62,299 30 189 27,748, 98 1,234 50 1,740 00 2,974 50 41 4, 975. 31 230 24e 98 || 14,204. 15 392 00 910 00 1,302 00 ---|-- 1. 80.00 200 ---|------- ---------- s = s. º ºs as * * * * ---. --|-- -: * gº º me tº * * e º sº as ºr – * * * * * * * * * t • * * * * * * ------------ * * * * * * * * * * * |------ |---------- *… 454 1, 380 00 328 65 1, 195 187,488.65 68,525 69 --- |-- 6,907 92 ------------
Grand total...ſº, 104 (2,179,955.14 2.85.7% 08 3, 128 * 069. 62 w8. 869 32 15,221 22&ndas 3,194, 71075 i2, 101. ºntº ºuan 51 1, 254 436,633.69 ||109,18691 * 55, 312. sº 312 66 2. 112 al 520.18 129,606 73 103 15, 612. 82 286,777 00 4. 615 º 677. 00 |56, 172 60 6, 103 (930, 876. * 39 2. 308 (305,243. º 463 44 194 1,695.90 is 17] 89 48. 561 3.57.0.0. 20 º, 032 28 56, 56.5 |8,171,914.38 212, 06) 47 sº 900 0t) ſº 961. 47 18, 998 (2,504, 414. º 505 54 20. 601 binº 23 '82, 116 00 |197,330 00 279,446 00 723 (97,836.08)|2,816 00 375 45,414.42 1, 18500 || 9 |1,440.00 36 00 252 14 060 00 98 00 s º 27 |-- 2 #160, 00 |-4 wis, 4 ()() is 4. 132, 46 125 00 º 003 1919,385.7 2. 004 00 1, 358 245,0so 3. 229 00 G3, 164 is: 039 00 48,875 09 (222,640 sº 89 11. 080, 361 38 º 448 ** º,40. 27 621,787 79 i. 720, 800 70
- * * Sales of Hot Springs Reservation. * # Including sale of Sac and Fox buildings at Topeka. # School warrants. § The area of commuted homesteads, final homestead and final desert entries, and area and amount of Indian lands are not included in the grand aggregate.
Face page 522.
| *
—- \


RECEIPTS AND COST OF THE PUBLIC DOMAIN. 523
TITLES INITIATED NOT INCLUDED IN AREA DISPOSED OF.
In addition to the foregoing, and not included in the totals of lands disposed of, are
pre-emption, homestead, and miscellaneous filings, viz:
Number of pre-emption filings ------------------------------------------ ---. 47,933
Number of soldiers' declaratory statements ---------------------------...---- 4,999
Miscellaneous filings -------------------------------------------. ---------. 10,232
The area of lands embraced in these filings aggregates 8,000,000 acres.
RECEIPTS FROM AND COST OF THE PUBLIC DOMAIN TO JUNE 30, 1883.
(See pages 18, 19, and 20.)
COST OF THE PUBLIC DOMAIN.
To JUNE 30, 1880. (See pages 18, 19, 20, and 21.)
FROM MARCH 1, 1784, To JUNE 30, 1883.
Purchases and cessions -------------------------------------------- $88,157,389 98
For surveying and disposition:
Part estimated to June 30, 1880 - - - - - - - - - - - - - - - - $46,563,302 07
From June 30, 1880, to June 30, 1881. - - - - - - - - - - - 2, 180,443 86
From June 30, 1881, to June 30, 1882. - - - - - - - - - - - 2,927,486 04
From June 30, 1882, to June 30, 1883. ----...----. 3,376,507 13
55, 047,739.10
For Indians, annuities, and payments on account of quieting and
purchase of their titles to portions of the public domain :
From July 4, 1776, to June 30, 1880 .... --------. $187, 328,903 91
From June 30, 1880, to June 30, 1881. - - - - - - - - - - - 6, 514, 161 09
From June 30, 1881, to June 30, 1882- - - - - - - - - - - - 9,736, 747 40
From June 30, 1882, to June 30, 1883. ----------- 5, 196,218 84
208,776,031 24
Total of cost to June 30, 1883 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 351,981, 160 32
RECEIPTS FROM THE PUBLIC DOMAIN.
(See page 17.)
From the origin of the public domain, or since the passage of the ordinance of
May 20, 1785, the total net cash receipts therefrom have been as follows:
Gross cash receipts to June 30, 1880 -----. -- - - - - - - - - - - - - - - - - - - - - - - - - $208,059, 657 14
Receipts from June 30, 1880, to June 30, 1881. . . . . . . . . $5,408,804 16
Receipts from June 30, 1881, to June 30, 1882. - - - - - - - - 8,394,516 04
Receipts from June 30, 1882, to June 30, 1883. ... ... --. 11,713,883 70
- *=ºº 25,517,203 90
Grand total of gross receipts. -------------------------------. 233,576,861 04
Deduct amount paid to the several States under the
2, 3, and 5 per cent. fund acts, to June 30, 1882,
When last adjusted (see page 721) ---------------. $7,333,069 76
Deduct cash paid the several States and Territories
under the distribution act of September 4, 1841 (see
Page 753) ---------------------------------------- 691, 117 05
— 8,024, 186 81
Net receipts by the United States from the public lands, to -
June 30, 1883.--------------------------------------------- 225,552,675 23
COST AND RECEIPTS.
RECAPITULATION TO JUNE 30, 1883. (See page 21.)
From the origin of the public domain to June 30, 1883, the cash ex-
penditures on account of the same by the United States was.----. $351,981, 160 32
From the origin of the public domain to June 30, 1883, the net cash
receipts therefrom have been ------------------------------------ 225,552,675 23
Deduct cost from receipts -------------------...------------. 126,428,484 89
524 DISPOSITION OF THE PUBLIC DOMAIN, 1882.
EXCESS OF COST OVER RECEIPTS.
To June 30, 1883, the public domain has cost the United States in cash $126,428,484.89
more than it has realized.
COST OF THE PUBLIC DOMAIN PER ACRE.
To JUNE 30, 1883. (See page 21.)
The public domain contains, estimated, 1,849,072,587 acres, and has cost $351,981,-
160.32, or 19 cents per acre. -
DISPosition of THE PUBLIC DOMAIN AND IPRICE RECEIVED PER ACRE.
To JUNE 30, 1883.
(See pages 21 and 519.)
The United States has disposed of, under the several laws enumerated on page 519,
estimated, 591,987,814.22 acres of public domain (exclusive of Tennessee), and re-
ceived therefor $225,552,675.23, or 38% cents per acre.
DISPOSITION
•º
1882 AND 1883.
The following official tables for the fiscal years ending June 30, 1882 and 1883, show
the cost of disposition per acre, the amount received, and the average net proceeds
per acre from the sale of the public lands in the several land States and Territories:
DURING THE FISCAL YEAR TO JUNE 30, 1882.
(See pages 23, 24, 518, 520, and 521.)
Amount realized per acre from disposition during the year, 44 ºr cents.
OF THE PUBLIC DOMAIN DURING THE FISCAL YEARS
Statement of the disposals of the public lands during the fiscal year 1882, with the cost thereof,
the amount received, and the average cost per acre of disposals, and the average receipts per
acre by the United States.

Expenses of - Average
- sale, #. ſº Area *T6- º Tô-
ing salaries cost of sale * ceived from ceived per
stºrer. #: and commis- per agre º; all sources, acre of the
p * sions of at the local lands not including public lands.
registers and land offices. & & Indian lands. |by the United
receivers. States.
Acres. Acres. Cents.
Alabama ------- 541,840. 96 || $14,397 75 . 0265 = 243 541, 542. 31 || $131,934 39 .2436=24
Arizona -------- 30, 338.52 9. . 2549 =2 30, 338, 52 24, 348 42 | . 8028–80
Arkansas ------- 511,268. 16 26,003 48 . 05085– 5%; 511, 268. 16 157,002 47 | .3070=30;
California.-----. 756, 579.92 56,624 59 .0748 = 73 || 756, 579.92 408,955 55 | . 5405=54
Colorado. ------ 625, 197.50 42, 542 58 |. 0680 = 6; 625, 197.50 256,11896 .4096=40&#
Dakota. --------. 5, 142,862. 24 59,849 80 | . 0116 = 1; 5, 117,602. 73 2, 130,045 94 4162=413%,
Florida --------- 569,740.84 10,081 00 | . 0176 = 13. 569,740. 84 255, 004 51 4475=
Idaho.---------- 196, 851.44 14,450 90 . 0730 = 74%; 196, 851. 44 75, 120 00 3816–38
Iowa ----------. 15, 526.65 3, 424 22 | .2205 =22; 15, 526.65 3,031 30 1952–19
Kansas - - ------ 1,705, 963. 29 63, 124 14 | . 0370 = 33 1,579, 206.46 338,084 01 2140–212
Louisiana. ------ 533, 129.82 10,489 66 . 0196 = 14%; 533,129, 82 || 479, 877 22 | . 9001–90
Michigan ------- 626, 135.82 15, 902 99 |. 0253 = 2+ 626, 135.82 551, 927 96 | . 8814=884,
Minnesota ------ 1, 594,474. 49 53,795 53 | . 0337 = 33 1,556,970. 68 766, 590 75 | . 4923=49+
Mississippi - - - - - 379, 411. 24 7, 362 75 . 0194 = 1; 379,250. 28 291, 116 08 . . 7676=76#
Missouri. ------ 298, 999.59 13,774 83 . 0460 = 4; 298, 999.59 180,458 57 | . 6035=60;
Montana-------- 215,817.28 14, 168 12 .0656 = 6; 215,817.28 103, 584 79 | .4799–48
Nebraska. ------ 1,437, 537.27 44,036 37 | . 0306 = 3; 1,317, 130.90 346,304 63 | .2629=26.3%
Nevada --------- 86,095.03 5, 835 00 | . 0677 = 63 86,095, 03 17,713 85 .2057–20%
New Mexico - ...| 155, 177.87 8, 612 08 . . 0554 = 5% 155, 177.87 28, 205 45 . 1817=18;
Oregon --------- 382, 876. 30 27,656 15 |. 0722 = 7# 382,876. 30 163,931 64 | .4281=42%
Utah ----------- 151,909 33 8, 496 00 . 0559 = 5? 151,909. 33 78,369 13 .5158–51#.
Washington ----| 532,290.27 29, 812 25 | . 0722 = 7# 532,290.27 352,940 71 | . 6630=66;
Wisconsin ...... 934, 105.15 25,807 10 | . 0276 = 2+ 934, 105.15 536,278 36 . 5741=57;
Wyoming------- 68,281.38 6,056 83 |. 0887 = 8*, 68,281.38 59,285 91 | . 8682=86#
Total ----. 17,492,410.36 570,038 95 |. ---...--...--. 17, 182,024.33 7,736,230 60 |. ------...----.

DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
Washington, D. C., November 23, 1882.
DISPOSITION OF THE PUBLIC DOMAIN, 1883.
525
DURING THE FISCAL YEAR TO JUNE 30, 1883.
(See pages 23, 24, 518, 521, and 522.)
Amount realized per acre from disposition during the year, about 48% cents.
Statement of the disposals of the public lands during the fiscal year 1883, with the cost thereof,
the amount received, and the average cost per acre of disposals, and the average receipts per
acre by the United States.

Ex º §: Amount #.
* §alº, ſºlº Average Area mountre- amount re.
states and Ter. Total area | *#5* | cost of Éie dispose iof, º from ceived per
* * tº sº and commis- * all sources, acre of the
ritories. disposed of. se at the local less Indian * * & .
sions of land offices lands not including º: lands
registers and e ſº Indian lands. by the United
receivers. States.
Acres. Oents Acres. Oents,
Alabama-------- 488,010. 22 $15,072 61 0308=3; 488, 010, 22 || $145,462 28 . 0298–3
Arizona -------- 66, 163.81 7, 372 46 0111=1#ſ 66, 163.81 33, 138 50 , 0500–5
Arkansas. ------ 585,417.70 27, 338 59 0470–43 585,417.70 192,026 42 . 0328–3;
California------- 1, 179,720. 53 59,737 70 0506=5;} | 1, 179,720. 53 860, 588 68 0729–7
Colorado-------- 546, 324.25 50, 196 09 0918–93; 546,324.25 448, 363 97 . 0820=
Dakota --------- 8, 384, 371.98 81,406 83 0970=9% 8,384, 371.98 3,669,285 38 0437=43
Florida. --------. 594,811. 66 10,717 10 0180=1# 594,811. 66 365, 953 61 0615–
Idaho. ---------- 277,296.23 18,248 43 0658=6# 277,296. 23 || 116, 109 26 04:18–
Iowa ----------- 13,659.98 3,401 63 0249–2; 13,659.98 3,734 19 0270–
Kansas --------- 1,660, 551.97 62,026 01 0370–31, 1,660, 551.97 225,634 71 01:35–1%
Louisiana. ------ 511, 827. 52 10,777 10 0210= 511, 827. 52 461,772 36 0902=9
Michigan ------- 432, 511.73 13,478 81 0309-3 432, 511.73 330, 949 58 0765–743
Minnesota ------ 1,945,071. 39 54,074 80 0278=2# 1,945,071. 39 1,403,365 40 0731–7
Mississippi g = m sº m 553, 113.36 7,604 60 0.137–13 553, 113. 36 456, 820 16 0825–
Missouri, ------- 275, 987. 81 12,845 98 0465– 275, 987. 81 62, 440 03 0226=24
Montana. ------. 486, 613.54 18,874 09 0387=3; 486,613. 54 159, 687 37 . 0328-3
Nebraska ------. 1,678, 359.04 45,786 82 0272= 1,678, 359.04 || 364, 301 64 0217–
Nevada...... --. 84,918. 01 4,925 67 0580=54 84,918.01 8,745 18 . 0102–1
New Mexico.... 339, 129.03 12, 998 44 0383=3; 339, 129.03 104,781 80 . 0308=3+
Oregon --------. 607, 058.41 29, 374 13 0483= 607,058.41 328, 533 53 $º,
Utah ----------- 186, 186.30 7,817 50 0419=4 186,186.30 92,079 21 0494=4
Washington ---- 896, 514.77 34,698 43 0387=3; 896, 514.77 653,012 41 tº §§
Wisconsin...... 927, 249. 37 26, 106 05 0281– 927, 249. 37 524, 512 82 . 056
Wyoming------. 203,105.28 6,907 92 0340–31% 203,105, 28 68, 525 69 . 0337=3;
Total ----. 22,923,972.89 || 621,787 79 |--------...--. 22,923,972.89 |11,079,824 48



DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
Washington, D. C., November 23, 1883.
526 EXPENSES OF THE LAND SYSTEM, 1881, 1882, 1883.
DETAILED STATEMENT OF THE EXPENSES OF THE PUBLIC LAND SYSTEM FOR THE
FISCAL YEARS 1881, 1882, AND 1883, TOGETHER WITH THE COST OF DISPOSITION
PER ACRE, AND GROSS AND NET RECEIPTS THEREFROM PER ACRE.
Expenses of the land system for the fiscal year of 1881.
Expenses of local offices:
Salaries and commissions of registers and receivers..... $432,879 03
Contingent expenses ------------------------ : - - - - - - - - - 91,423 77
Expenses of depositing-----------------------. -------- 5,934 24
Expenses of printing and binding---------------------. 727 73
Stationery -------------------------------------------- 5, 666 60
——— $536,631 37
Expenses of General Land Office: - -
Appraisement and sale of abandoned military reservations 7,297 38
Salaries----------------------------------------------- 273, 139 31
Depredations on the public timber.-------------------. 29, 126 58
Reproducing plats.----------- '• * * * * * * * * * * * * * * * - - - - - - - - - 24,988 00
Contingent expenses ---------------------------------- 24,808 96
Maps -------------------------- - - - - - - - - - - - - - - - - - - - - - - - 5,999 75
Stationery -------------------------------------------- 5, 766 77
Expenses of printing and binding --------------------- 27,837 09
* — 398,973 84
Cost of surveys---------------------------- , sº * * * * * * * * * * * * * * * * * * * ~ * 1,244,838 65
. Total expenses---------. -------------------------------------- 2, 180,443 86
Total receipts for 1881-------------------...------------ 5,408,804 16 *=s:
Deduct sales of Indian lands -----------. -------------- 1,006, 691 63
Total receipts from public lands - - - - - - - - - - - - - - - - - 4,402, 112 53
Total expenses of public lands.------------------ 2, 180,443 86
Net receipts.----------------------------------. 2,221,668 67
Disposals for 1881: Cººper
*10,128,175.25 acres; cost, $2,180,443.86; average cost per acre, .2152
•ents ------------------------------------------------------------- .21%
10,128,175.25 acres; receipts, $4,402,112.53; average receipts per acre,
-4346 cents -------------------------------------------------------- .43%;
10,128,175.25 acres; net $2,221,668.67; average net receipts per acre,
*193 cents -------------------------------------------------------- . 21.1%
Ea:penses of the land system for the fiscal year ending June 30, 1882.
Expenses local offices:
Salaries and commissions of registers and receivers ... -- $467,843 21
Contingent expenses ---------------------------------- 100,000 00
-Expenses of depositing public funds ---....... --------- 8,089 10
Stationery -------------------------------------------- 5,220 93
Freight on stationery---------------------------------- 528 08
—— $581,681 32
Expenses of General Land Office: -
Appraisement and sale of abandoned military reservations 83 41
Depredations on the public timber ---...----...---------- 40,000 00
Reproducing plats ------------------------------------ 24,000 00
Salaries----------------------------------------------- 311,485 26
Contingent expenses ---------------------------------- 30, 137 89
Maps ------------------------------------------------- 6,000 00
Expenses of printing and binding --------------------- 12,846 28
Stationery -------------------------------------------- 6,922 95
—— 431, 475 79
Expenses of surveys ------------------------------------------------ 1,914, 328 93
Total expenses------------------------------------------------ 2,927,486 04
Total receipts from public lands ----------------------- 7,759,898 82
Total expenses.--------------------------------------- 2,927,486 04
Net receipts.-------------------------------------------------- 4,832, 412 78
*This area does not include final and commuted homesteads nor final desert entries.
REMAINING PUBLIC DOMAIN, JUNE 30, 1888. 527
Area disposed of, including final and commuted homesteads, final desert and final
timber-culture entries, but not including Indian lands, amounts to 17,182,024.33 acres.
Receipts from the disposals of public lands amount to $7,759,898.82, being an aver-
age of .4470 or 44% cents per acre.
Including all sums paid for surveys during the fiscal year of 1882, 17,182,024.33.
acres cost to dispose of $2,927,486.04, being an average of .1686 or 16% cents per acre.
The net receipts were $4,832,412.78 for 17,182,024.33 acres, being an average of
.2784 or 27}} cents per acre.
Expenses of the land system for the fiscal year ending June 30, 1883.
Expenses local offices: *
Salaries and commissions of registers and receivers.... $491,907 76
Contingent expenses ---------------------------------- 119,028 06
Expenses of depositing public funds-------. ----------- 9,961 67
Stationery --------------------- - - - - - - - - - - - - - - - - - - - - - - - 5,592 05
Freight on stationery---------------------------------- 447 36
-*sºmº. 626,936 90.
Expenses of General Land Office:
Appraisement and sale of abandoned military reservations 1, 195 09
Depredations on the public timber --------------------- 75,000 00
Protecting public lands-------------------------------- 10,618 57
Reproducing plats.------------------------------------ 18,000 00
Salaries----------------------------------------------- 373, 121 40
Contingent expenses ---------------------------------- 30,735 02
Maps ------------------------------------------------ 6,000 00
Payment for swamp lands and swamp-land indemnity .. 14,574 72
Expenses of printing and binding --------------------- 18,878 66
Stationery -------------------------------------------- 5,821 11 -
-**m smºm- 553,944 57
Expenses of Surveys---------------------------------------- - - - s = - 2, 195,625 66
Total expenses------------------------------------------------ 3,376,507 13
Total receipts from public lands - - - - - - - - - - - - - - - - - - - - - - - 11,088,479 43
Total expenses.--------------------------------------- 3,376,507 13
Net receipts------------------------------------------------ ... 7,711,972 30
Area disposed of, including final and commuted homesteads, final desert and final
timber-culture entries, but not including Indian lands, amounts to 22,923,927.89 acres.
Receipts from the disposals of public lands amount to $11,088,479.43, being an av-
erage of .48% cents per acre.
Including all sums paid for surveys during the fiscal year of 1883, 22,923,927.89 cost
to dispose of $3,376,507.13, being an average of .14}} cents per acre.
The net receipts were $7,711,972.30, being an average of 33}} cents per acre.
THE REMAINING PUBLIC DOMAIN–UNSURVEYED AND SURVEYED AND
UNSOLID PUBLIC LANDS.
To JUNE 30, 1882 AND 1883. (See pages 15 and 16.)
UNSURVEYED LANDS.
The United States owned to June 30, 1882, 983,068,075 acres of unsurveyed public
land, as shown by the official tables of the General Land Office, and on June 30, 1883,
owned 928,426,577 acres of unsurveyed public lands and (estimated).243,666,150.01 acres.
of Surveyed and unsold lands in the public land States and Territories other than
the five Southern States. In these (see page 530) the nation, June 30, 1883, owned
(estimated) 10,957,983.03 acres of surveyed and unsold land; in all, 254,624,133.04
a CI'êS.
THE PUBLIC LANDS REMAINING FOR DISPOSITION JUNE 30, 1883.
Railroad and private land claims grants. One hundred and eighty-nine millions of acres yet
to be 8egregated 8hould be deducted. (See page 531.)
June 30, 1883, the United States owned a total of 928,426,577 acres of unsurveyed
lands and 271,382,299.43 acres of surveyed and unsold lands; a grand total of 1,199,-
808,876.43 acres yet to be disposed of, an area equal to 7,498,805 homesteads of 160
acres each. This estimate is probably within 10 per cent, of the actual amount, offi-
cial, legal, and other reasons preventing a closer estimate.
528 THE REMAINING PUBLIC DOMAIN, JUNE
30, 1883.
THE UNSURVEYED PUBLIC LANDS.
JUNE 30, 1882, AND JUNE 30, 1883.
The unsurveyed public lands, June 30, 1883, were 928,426,577 acres, lying in the
following public land States and Territories:

States and Territories. 1882. 1883.
Acres Acres
Alabama as sº tº gº tº º tº º ſº dº º is tº º 'º - gº gº ºn tº º ºs º ºs º ºs e º ºs e º sº sº º ºs ºn as tº º sº tº º º * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * = e, e s = i s = = m = = e = * * * *
Arkansas--------------------------------------------------------------------|-------------|------------
California ------------------------------------------------------------------- 40,495,097 36,768,921
Colorado. -------------------------------------------------------------------. , 627,440 | 15,458, 256
Plorida ---------------------------------------------------------------------- 7,659, 507 7, 549, 562
Illinois -------------------------------- * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * = as a s s = e º as as a sº sm us tº me
Indiana----------------------------------------------------------------------|------------...-----------
Iowa ------------------------------------------------------------------------|-------------------------
Kansas ----------------------------------------------------------------------|-------------|---- • * * * sº as º ºs
Louisiana-------------------------------------------------------------------- 515, 329 123,091
Michigan --------------------------------------------------------------------|-------------|------------
Minnesota. ------------ tº ºs º ºs º ºs e º ºs ºn tº e º sº tº ſº º tº º tº ſº tº ºn tº tº ºtºi º ºs º ºs ºs º gº tº e º e º sº, º a s = sº gº º ſº gº tº as s is s 12, 824,058 || 12, 284,576
Mississippi------------------------------------------------------------------|-------------|------------
Missouri---------------------------------------------------------------------|-------------|------------
Nebraska-------------------------------------------------------------------- 4,653,681 3, 506,880
* * * * * * * * * * *s sº º y º sº e º ºs º ºn sº º sº º ºs s ºn tº º mº m is as ºn s ºr sº º ºs º º ºr ºs º ºs e º ºs º ºs º gº ºn m = * * * * * * * us is a tº º ºs e is 49, 137,912 43,619, 353
0 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - • gº e º º ºs º f s tº º ſº tº s sº tº me is sº º
9E9gon ---------------------------------------------------------------------- 29,819, 341 27, 327,018
Wisconsin -------------------------------------------------------------------|----------- • - 1 - - - - - - - - - - - -
Alaska ---------------------------------------------------------------------- 369, 529, 600 || 369, 529, 600
Arizona --------------------------------------------------------------------- 66,454,450 63,823,945
Dakota ---------------------------------------------------------------------. 66, 185, 119 || 62,094, 597
1daho------------------------------------------------------------------------ 47, 111,652 46, 959, 549
Indian Territory.-----------. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 17, 150,250 | 13,477, 610
Montana--------------------------------------------------------------------- 80,038,018 || 78,772,322
New Mexico.---------------------------------------------------------------- 54,057, 930 || 41,209, 960
Vtah ------------------------------------------------------------------------ 43,577,687 42,619,354
Washington ----------------*- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 27,039,127 | 26, 283, 285
YOming-------------------------------------------------------------------- 47, 181,877 || 33,346,058
Public land strip” -----------------------------------------------------------|------------- 3, 672, 640
Total ------ & º º is sº º sº * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 983,068,075 928,426,577
*The public land strip was not taken up in the General Land Office tables until 1883.
THE SURVEYED AND UNSOLD PUBLIC LANDS.
To JUNE 30, 1883.
(See pages 15, 529, and 530.)
The United States, to June 30, 1883, owned 243,666,150.01 acres of surveyed and
unsold public lands lying in the public land States and Territories other than in the
five Southern States. The surveyed and unsold lands in these States are estimated at
10,957,983.03 acres; or, in all, 254,624,133.04 acres of surveyed and unsold lands.
This estimate is probably within 10 per cent. of the exact amount. A large area
of the above may now be held by persons holding under the effect of the doctrine of
the Supreme Court of the United States in Atherton vs. Fowler and Hosmer vs. Wal-
lace, decisions which should long ago have been set aside by legislation. (See note
on page 15.)
SURVEYED AND UNSOLD PUBLIC LANDS, JUNE 30, 1883.
529
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530 PUBLIC LANDS IN THE SOUTHERN STATES REMAINING.
TOTAL AREA OF SURVEYED AND UNSOLD PUBLIC LANDS IN THE SOUTHERN STATES.
To JUNE 30, 1883. (See page 16.)
The total amount of land, surveyed and unsurveyed, owned by the United States
in the five Southern States, to June 30, 1880, including 1,148,892 acres in Louisiana
and 7,756,493 acres in Florida unsurveyed, was estimated at 25,585,641 acres.
SURVEYED AND UNSOLD LANDS IN SOUTHERN STATES.
The area of these lands were estimated, June 30, 1880, to be about 16,680,256 acres,
as follows:
Arkansas
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
s = * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * m e ºs e e s e º 'º an e º e º sº s m = e º me m tº se a
Acres.
3,205,109
3, 516, 140
3,208,887
4,620, 120
2, 130,000
-ºmºsºme
16,680,256
The unsurveyed lands in Florida and Louisiana noted above, viz, 8,905,385 acres,
makes the total June 30, 1880, 25,585,641 acres.
June 30, 1883, the surveyed and unsold lands were estimated at 10,957,983.03 acres,
which, with the unsurveyed lands, makes 18,620,645.93 acres of public lands in the
five Southern land States.
ESTIMATED AREA REMAINING JUNE 30, 1883.
UNSURVEYED LANDS.
June 30, 1883, the unsurveyed public lands in the South were 7,549,562 acres in
Florida and 123,091 acres in Louisiana; in all, 7,672,653 acres remaining unsurveyed.
THE SURVEYED AND UNSOLD LANDS REMAINING JUNE 30, 1883.
The sales or disposition of public lands in the five Southern States for the three
years since 1880 were as follows:

States. 1881. 1882. 1883. Total.
Acres. Alcreg. Acres. Acres.
Florida ----------------------------------------- 148,652.92 || 516,001.64 452,263.08 || 1,116,917.64
Alabama --------------------------------------. 412, 229.71 418, 329.07 || 346, 630. 79 1,277, 189. 57
Mississippi ------------------------------------- 131,055.89 || 358,217.21 || 517,737.36 | 1,007, 010. 46
Arkansas.------------------------------------- . . 437,295.43 || 426,747.81 || 461,215.87 | 1,325, 259. 11
Louisiana ------------------------------------. | 119,063. 31 508, 703.94 || 488, 129.04 || 1, 105, 896.29
Deducting the above from the area surveyed and unsold June 30, 1880, as given
above, the remaining area would be as follows:
AREA OF REMAINING PUBLIC LAND'S SURVEYED AND UN SOLD AND UNSURVEYED
IN THE SOUTH JUNE 30, 1883.

Surveyed and
Lnsurveyed.
Total surveyed
States. UIIASO10, and unsurveyed.
Acres. Alcres. Acres.
Florida.---------------------------------------------. 2,088, 191.36 7, 549, 562 9,637, 753.36
Alabama-------------------------------------------- 2,238,950. 43 |------...-------- 2,238,950.43
Mississippi ----------------------------------------- 2, 201,876. 54 ||---------------- 2, 201, 876. 54
kansas ------------------------------------------- 3, 294, 860. 89 |....... --------- 3, 294, 860. 89
Louisiana ------------------------------------------- 1, 124, 103.71 123,091 1,247, 194.71
Total.----------------------------------------. 10,957,983. 03 7,672, 653 18, 620,645.93
THE PUBLIC DOMAIN.
Area disposed of dnd remaining June 30, 1883.
[Diagram to illustrate text on pages 531 and 532.]
Acres.
*Surveyed to June 30, 1883. ----------------. --------------------. 886,367, 361
Unsurveyed to June 30, 1883-----...-----------------------------. 928, 462,577
Surveyed and unsold, June 30, 1883........ ---------------...----. 254,624, 133.04
Disposed of under all laws to June 30, 1883 (estimated) ---...----. 620,000,000
Public domain, cost to June 30, 1883 ... --...----. ---...----------. $351,981, 160 32
Public domain, realized to June 30, 1883 .-- - - - - - - - - - - - - - ----. • * * * * 225, 552, 675 23
Public domain has cost in cash more than it has realized to June
30, 1883------. tº sº ºn º ºs º ------------------------------------------ 126,428,484 89
THE REMAINING PUBLIC DOMAIN.
Total area of the public domain ...----... - - - - - - - - - - - - - - - - - - - - - - - - 1,849,072, 587
Acres for disposition (estimated), including Alaska, June 30, 1883. 1,010, 808,876.43
Acres for disposition (estimated), exclusive of Alaska, June 30,1883 641,284,276.43

Alaska, estimated, 369,524,600 acres.
|
- 2 - &
Remainder for dispositiºns June 30, 3 || 4 || 5 || 6 7
1883, lying in the public land States and
Territories, estimated at 641,284,276.43.
i
Area estimated as necessary, June 30, 1883, to fill land grants to
railroads, viz, 109,000,000 acres, and 80,000,000 acres to fill private
land claims; in all, 189,000,000 acres. -
i
Total area disposed of under all laws from 1785 to June 30, 1883,
estimated at 620,000,000 acres. See page 519. •
* g Acres.
1. The purely agricultural lands remaining in the West (estimated)..... 5,000,000
2. The desert lands (estimated) ---------------------------------------- 440,000,000
3. The irrigable lands (estimated) -------------------------------------- 29,000,000
4. Lands in five Southern States, agricultural, timber, and mineral (esti-
mated) ------------------------------------------------------------- 18,000,000
5. The precious metal and mineral lands (estimated).-----------------. 64,000,000
6. The coal lands, to be increased by discoveries. ---------------...----- 10,000,000
7. The timber lands (the estimate on page 1053, to December 1, 1883,
most correct, viz, 73,000,000 acres)--------------------------------. 75,000,000
Alaska is not estimated or considered in the above tables. A thorough survey and
exploration of this division is necessary, and would be of great value.
CHARACTER AND VALUE OF PUBLIC DOMAIN, JUNE 30, 1883. 531
CHARACTER OF THESE LANDS.
The public lands in these five Southern States are now sold at the district land
offices at $1.25 per acre in unlimited quantities, provided they conform to legal sub-
divisions. They are the only public lands of any moment which can be bought for
cash without settlement. Holding the “public lands for actual settlers” does not
apply to the South.
These lands contain timber, coal, iron, and other valuable deposits, and are about
all of the purely arable lands the nation has left, outside of Dakota and one or
two other Western States and Territories.
ESTIMATED CHARACTER, QUANTITY, AND VALUE OF THE PUBLIC
DOMAIN REMAINING JUNE 30, 1883.
(See pages 25 and 26.)
The remaining public domain, including Alaska, consists of (estimated) 1,199,808,-
876.43 acres. (See page 527.) Deducting Alaska—viz, 369,524,600 acres—there remain
830,284,276.43 acres, inclusive of Indian and military reservations. From this should
be deducted the area necessary to fill private land claims, estimated at 80,000,000
acres (see page 1151), and the area requisite to complete land grants to railroads, es-
timated in round numbers at 109,000,000 acres (see page 753); in all, 189,000,000 acres
to be deducted. Exclusive of Alaska, and deducting the area, yet to be segregated
for railroad and private land claim grants, there remain 641,284,276.43 acres of un-
surveyed and surveyed lands for disposition (see page 527); with Alaska, 1,010,808,-
876.43 acres for actual disposition, estimated as follows:
JKinds of land. Area, in acres. Value per acre. Total value.
The timber lands. ------------------ 75,000,000.00 || At $2.50 per acre.................. $187, 500,000
(Estimate to Dec 1, 1883, pages If the timber is sold and the fee
1053 and 1082, most correct, viz, remain in United States, the
73,000,000 acres.) area of lands for disposition
will be largely increased.
The coal lands --------------------- 10,000,000.00 At average of $13 per acre ........ 130,000,000
Dakota and other recent discov- Medium between $10 and $20 per
eries increase the actual area, acre as shown by Šales.
which will be constantly in-
creased until all lands are sur-
veyed. *
Precious metal lands, containing 64,000,000.00 || At º of $3.50 per acre....... 224,000,000
mines. shown by medium between $2.50
To be º increased by explo- and $5 per acre. .
rations and surveys. (See map
º; page 979.)
The purely arable lands remaining 5,000,000.00 At $1.25 per acre .................. 6,250,000
in the West (estimated). If taken under present settle-
Generally in isolated tracts. ment or disposition laws, moth-
ing; survey and disposition
º will eat up fees and commis-
SIOI!.
Thelands in the five Southern States 18,000,000.00 || At $1.25 per acre....... ----------. 22, 500,000
Surveyed, and vacant on the rec: Present selling price. If con-
ords; some, however, occupied fined to the homestead act,
and the unsurveyed. nothing above cost of survey
g * and disposition.
Irrigable lands...... -------------.. 29,000,000.00 || At $1.25 per acre, present law..... 36, 200,000
Under desert land act which may If given for reclamation, noth-
be irrigated from present water ing above cost of survey and
supply. Much of this, however, disposition will be realized.
i. be at present held by loca-
OTS,
The remainder, desert lands (see 440,284,276.43 || At $1.25 per acre, present price, 551,000,000
page 1104). round numbers.
And all others, including pas- If disposed of under actual set-
turage and reservations, esti- tlement laws, nothing will be
mated at 350,000,000 acres realized above cost of survey
(see page 1104). This, esti- and disposition, except the un-
mate includes the area of mil- developed mineral lands to be
itary reservations, 3,155,152.76 hereafter disposed of under
acres; also, Indian reserva- the mineral laws. The graz-
tions, estimated to contain ing lands are estimated, exclu-
135,993,101 acres, two-thirds of sive of the minerals underly-
which will eventually be re- ing them, at not more than 10
stored to the public domain for cents per acre.
sale, if the present policy con-
tinues. This area also contains In all ----------------------------- 1,157, 500,000
532 CASH RECEIPTS FOR PUBLIC LANDS, 1881, 1882, 1883.
Estimated character, quality, and value of the public domain, June 30, 1883–Continued.

Einds of land. Area, in acres. Value per acre. Total value.
a vast amount of precious met- Deduct cost of survey-
als, coal, iron, copper, and other ing and disposition of
valuable minerals. Also, the un- the remainder of the
surveyed portion of Indian Ter- public lands, based
ritory, viz, 17,150,250 acres. upon former costs -
The area required to fill private (see page.19)-------- $40,000,000
land claims and railroad land Less quieting Indian
ants are estimated for at the title to public lands,
ead of this statement. estimated ---------. 38,000,000
- $78,000,000
Grand total, exclusive of Alaska 641,284,276.43 || Estimated value, June 30, 1883-...-. 1,079, 500,000
Estimated total value under present laws, exclusive of Alaska. -----. $1,079,500,000
The area at present held under various laws and yet to be paid for,
and the money for which will be covered into the Treasury of the
United States, is estimated in value at ...----...----. '• * * * * * * * * * * * * * 10,000,000
Which added to the above would make the total value.............. 1,089,500,000
It has required since 1785 to sell and dispose of a less quantity of the public land
than the above estimates cover; besides, the agricultural lands are now about ab-
sorbed, and the movement westward in search of free Government lands must soon
cease. It will require a vastly greater period of time to dispose of the remaining
public domain than the ninety-eight years that were requisite to dispose of the lands
sold prior to June 30, 1880. Mineral lands require long periods to develop, and tim-
ber lands require a laarket for their product. If the present laws as to sale and dis-
position continue in force, no reasonable estimate of the time required to dispose of
the remaining public lands can be made. Reorganization of the land system, as to
sales and disposition, and an accounting of and definition of the character of the re-
maining public lands, are now required to secure proper results in the future.
A thorough and exact examination of Alaska by competent persons is of moment,
and is necessary for the purpose of giving the Government full details and informa-
tion as to the mineral and other resources of that region.
Private enterprise will best develop the possibility of reclaiming the desert lands
of the public domain. The United States, in view of the results of the swamp-land
grants, would best part title direct to the desert lands. If granted free of acreage in
sufficient quantity, these lands may be developed by private interests.-(From edition
of 1880; see page 27.)
In the near future, with the absorption of the pnrely arable lands, cash receipts
from sales of public lands under settlement laws will be small, and the chief reliance
will be sales for mineral, desert, and timber lands, and the land system, after the
year 1890, will probably never again be self-sustaining, considering the annual charges
incurred on account of the Indians, unless some plan of general disposition of the
pasturage lands in large areas be enacted by Congress.
CASH RECEIPTS AND RECEIPTS FOR FEES AND COMMISSIONS FOR THE
YEARS 1881, '82 AND '83.
WITHOUT CASEI SALES THE LAND SYSTEM WOULD BE IN ACTUAT, ARREARS.
The following tables of the receipts and expenditures on account of the public
lands for 1881, '82, and '83 are given to show that without cash sales the land system—
relying on fees and commissions under the settlement laws—would have been in
actual arrears:

*. . Deduct sales of *ś
cash andfees educt, SaleSO TOIIl SaleS Or
Actual cash sales. and Indian lands. disposition
commissions. of public lands.
1881 (see page 517) $3,534,550.98 ---------------...----. $5,408,804 16 || $1,006, 691 63 || $14,402, 112 53
1882 (see page 518) $6,628,775.02.------...------------. 8,394, 516 04 634,619 22 || 7,759, 89882
1883 (see page 518) $9,657,032.21----------------------- 11,713,883 70 625,404 27 11,088,479 43
NECESSITY FOR CHANGES IN EXISTING LAWS. 533

Actual . of Actual Actual fees and
- - receipts over ex- CUU13. COIO In 1881OnS
Actual cash sales. ...; § penditures for cash sales. under set-
pageS O2/, public lands. tlement laws.
1881 (see page 517) $3,534,550.98 ...... $2,180,443 86 || $2,221,668 67 || $3,534,550 98 $867, 561 55
1882 (see page 518) $6,628,775.02 .----. 2,927, 486 t)4 4, 832, 412 78 6, 628,775 02 1, 131, 123 80
4883 (see page 518) $9,657,033.21 ...... 3,376, 507 13 7,711, 972 30 9,657,032 21 | 1,431,447 22
When the present useless and vicious disposition and cash sales laws are repealed,
and actual settlement and residence laws are passed, the public lands as shown by the
above tables for three years past will probably cease to yield any net revenue, as fees
and commissions will be the only cash received. Cash sales are now more than three-
fourths of the revenues received from the sales or disposition of the public lands. It
will require wise and careful legislation to prevent the public land system from be-
coming a yearly drain in the near future upon the National Treasury.
The tables above show that without the cash sales receipts and relying upon the
fees and commissions, which are the only charges to applicants under the settlement
laws, and deducting one-half of the annual total expenses, the land system would
have been in arrears during the three years past.
The total annual expenses of the General Land Office and its agents, exclusive of
surveys, are about $1,000,000. Considering the vast jurisdiction of this Bureau this
amount cannot be reduced, and should be increased.
THE NECESSITY FOR CHANGES IN EXISTING LAND LAWS.
HOW THEY CAN BE EFFECTED.
December 1, 1883.
The public lands are the property of the people. They are an asset. The policy
has been in the main to dispose of them under various laws to the people and for-
eigners as the wants and necessities of the times demanded; now and then a bad law has
crept in. The nation is interested in a proper, just, and equitable distribution of
these lands. Individual homes are essentials, and for these the public lands should
be kept. One hundred and sixty acres was determined upon after many years as the
true unit of disposition for a home. Upon this area the country settled. The abuse
of this is shown on page 1159; 1,120 acres to a person under the several laws is now
the rule, and a million acres at $1.25 per acre, if you have the money, in the South.
It is of the highest national importance that not another acre of the public lands
shall be sold outright for cash, warrants, or scrip. All of the laws permitting this
should be swept away and the warrants and scrip redeemed with money.
views of THE SECRETARY OF THE INTERIOR As To How AGRICULTURAL LANDs
SHOULD BE DISPOSED OF.
Hon. H. M. Teller, Secretary of the Interior, in his report for 1883, says:
Public lands, suitable for agriculture, should be disposed of only to the actual set-
tier under the homestead laws. A strict compliance with the law should be required in
all cases. No greater calamity can befall a country than to have the land owned by
the few and thus compel the masses of the people to become the tenants of such land
owners. It has been the policy of the Government heretofore to so distribute the public
land among the people in such quantities as would enable all desiring to engage in
agriculture to do so as land owners and not as renters. As the country grows rich
the tendency is to aggregate the lands in the hands of a less number of people; this
is an evil with which the General Government is not called to deal after it has parted
with the title to its lands, but as the owner of the public land, held for the people of
the United States, it becomes the duty of the Government to see that the laws in-
tended to secure a fair distribution of these lands are strictly enforced.
PUBLIC LANDS ARE NOW SOLD FOR CASH AT PRIVATE SALE AND IN UNLIMITED
QUANTITIES.
The public do not seem to know that at this hour thousands of acres of public lands
are being entered at United States district land offices, with cash, in unlimited quan-
tities by the favored few who have the money, lands which should be reserved for
homes for actual set-lers. An equal and fair distribution of the privileges of the
public land by proper and wise laws is demanded. The Government is too often a
534 NECESSITY FOR CHANGES IN EXISTING LAws.
myth when self-interest stands in view. The Executive officers can go but so far;
Congress is the sole power to stop the leaks, and repeal existing useless laws. Peti-
tions will be of great service, as recommendations by Executive officers have thus far
failed to obtain legislation. -
HOW MUCH PUBLIC LAND ONE PERSON CAN TAKE UNDER EXISTING SETTLEMENT AND
DISPOSITION LAWS, DECEMBER 1, 1883.
To show the full operations of the existing settlement and disposition laws, the fol-
lowing is taken from a work published by Henry N. Copp, esq., of Washington, one of
the best known of land law book publishers, and an authority on such subjects. The
book is entitled the “American Settlers' Guide, a Popular Exposition of the Public
Land System of the United States.”
To obtain the largest amount of land from the Government at the least cost, a party
should first enter 160 acres under the pre-emption laws, which will cost $1.25 or $2.50
an acre, can be paid for at end of 6 months; then enter 160 acres more under the
homestead laws, can be paid for or commuted at end of 6 months, and also make entry
of 160 acres under the timber-culture laws, where the land is naturally devoid of tim-
ber, can hold with a pre-emption or homestead; 480 acres will thereby be secured at
an average cost of about 50 cents an acre.
The usual way is to make an entry under the homestead laws, and at once another
entry under the timber-culture laws, because it is cheaper to do so, and there is no
delay to prove up under the pre-emption laws—320 acres will thereby be obtained at
a cost of $36 for fees and commissions—which is equal to about 11 cents an acre.
An entry can thereafter be made under the desert-land laws of 640 acres, and one
entry is allowed under each of the several laws mentioned herein. Under the mining
laws as many entries are allowed as a party owns legal claims. .
After an entry has been made under the pre-emption, homestead, and timber-cul.
ture laws, the same person may buy as much land at public sale and private entry—
also of the State government, corporations, and individuals—as his means and incli-
nation permit.
INFORMATION AS TO USELESS AND VICIOUS LAND LAWS.
(See pages 682 to 685 and 1163 to 1167.)
Officers charged with the immediate care of the public lands have reported against
the pre-emption, timber culture, private deposit survey, the timber and stone, and
desert land acts, and in favor of vital amendments to the homestead acts. Special
agents of the General Land Office have reported against these laws, and their reports
are on file—why cannot they be repealed or amended ? Where can information be
found as to frauds under and the uselessness of these laws? In the General Land
Office at Washington, D.C., in the Department of the Interior, corner of Seventh and
F streets. Why should not a committee of the House and Senate send for Noah C.
McFarland, Commissioner, Luther Harrison, chief clerk, and the chiefs of the several
divisions of the General Land Office, and see which the bad and inefficient land laws
are, and send for the official papers on file in that office, showing enormous frauds.
HOW CAN REPEAL BE AIDED 3
In the minds of many publicists and Congressmen there is an impression that only
the persons who live upon or nearest the public lands can speak best as to the laws
applying to them. This limited view of the matter in the past led to much legislation
dictated or proposed by in some cases a single person, and he sometimes an inter-
ested party, or the friend of such parties. Railroads and other quick means of com-
munication have somewhat changed this, and exclusive knowledge upon any public
land matter is no more the property of the few. The numerous papers spread infor-
mation and speak with the aid of the telegraph each morning to the entire country.
The traveling correspondent ferrets out byways to explore and strange facts and
fancies to write about. The public lands have attracted much attention for several
years past, and the press and official reports have published many startling statements
as to frauds committed under and the practical operations of the several public land
laws. The intelligent action of fair-minded men of the entire nation should be directed
to the repeal and amendment of obnoxious land laws. The press can be the great
lever to lift these laws from the statute books, aided by earnest efforts of men who
believe that the public lands should be fairly distributed among legal settlers, and
that one hundred and sixty acres of arable land, a tract one quartar of a mile square,
4
CHANGES NECESSARY IN EXISTING LAWS. 535
is sufficient for any one person under one settlement law. An equivalent to one hun-
dred and sixty acres of arable land should be given in a larger area of desert or irri-
gable lands. It could be called a “Desert Land Homestead.”
LEAKS WHICH SHOULD BIG STOPPED.
The cry of “Corporations are absorbing the public lands” does for a better, and is
wide apart from the truth. No grants of public lands have been made to corpora-
tions by Congress since 1872. g *
The grants already made and set out on page 268 herein will not increase in area,
but, on the contrary, will decrease, as official examinations are made and judgments
rendered on list of railroad or wagon-road lands offered for patents. Congress and
the courts could have settled all of these questions years ago. Congress alone can
initiate any legal methods toward the forfeiture, revocation, or recall of these grants.
The courts can then say how far such proceedings can be had.
The present settlement and disposition laws are the cancers that are eating up the
public lands. “One hundred and sixty acres is enough for a person” became a set-
tled idea in past land legislation. The pre-emption act initiated this area of hold-
ing. The homestead act gives this amount as a bounty to a person for making a
home. How many of our active publicists know that at this hour any person, male
or female citizen above the age of twenty-one years, or a male or female person, who have
just filed their first naturalization papers, can have benefit of settlement and other
laws, so that their holdings will be 1,120 acres, or can buy a million acres of offered
public lands at $1.25 per acre in some Western and in the five Southern States?
Why not stop screaming at a shadow and just for once strike at a bit of substance #
THE PUBLIC LANDS VIPTUALLY RESERVED FOR FOREIGNERS,
The preference right to public lands in favor of foreigners who had declared their
intention to become citizens of the United States began in the pre-emption acts in
1838. A vote was had in the Senate during the debate on the pre-emption act of
June 22, 1838, on motion of Mr. Merrick, of Maryland, to confine the benefits of the
act to citizens of the United States. It failed. See page 214 herein for details.
The enormous emigration of the past five years has called attention to this feature
of our land laws. An inspection of the initiatory papers filed in"the district land
offices in the West and Northwest in land filings will confirm the repeated statement,
that more than oue-third of all foreigners who now come to America enter upon the
public lands. The frequency with which a X signs the papers, and the appalling length
and queerness of almost unpronounceable names, bear witness to the need for interpre-
ters and translators in the land service. -
All foreigners (except Chinamen and African negroes) who have declared their
intention to become citizens of the United States can at once, upon landing and pay-
ing a small fee for his or her first papers to the clerk of a court of record, file a claim
for public lands, provided they be heads of families or above the age of twenty-one
years, while American-born boys and girls must stand by and wait until they are
twenty-one years of age before they can file a claim for an acre of their country’s
public lands! “Cheap and free lands in America” has been the cry Europe over for
twenty years past. The ocean steamship lines and the railroads leading to the West
have agencies in the principal cities of Europe, and their advertisements in the papers
and handbills present glowing accounts of the liberality of the Government of the
United States, who are thirsting to present gentlemen and ladies who will emigrate
to this favored land with a home of 160 acres of land free of cost.
The arid regions of the West become in these advertisements areas of broad glow-
ing bearing fields, where the ripening grains, waving in the tropic sun, bows a stately
welcome to the oppressed, poverty stricken, or ambitious. The boundless sage brush
plains become orange groves, and the region from where the coyote flies in howling
pangs of hunger, is known as the banana belt of the growing northwest; the blizzard
and the norther, zephyrs of pure delight, and the lack of water a cause for congratu-
lation, because there will be no swamps to produce ague.
To be and expectant Senators and Representatives of yet to come States, usually
.536 CHANGES NECESSARY IN EXISTING LAWS.
..a little over three-fourths of the male population of a rising territory, anxious for enough
“citizens to warrant an admission into the Union, welcome these aids to political ambi-
tion and assist them to homes from the nation’s lands. These foreign advertisements are
a great means of inducing the rush to America. Forty dollars will bring a British subject
from Liverpool and place him on the public lands in Dakota. Five dollars will pay the
fee for making him the first portion of a citizen of the United States, and from three to
twelve pay the first fee in a district land office for a farm of 160 acres of public land.
If he desires to tarry a time to see the beauties of the metropolis—say that he lands at
New York City—he can pay his five dollars to the clerk of a court in that city, inclose
his first papers with his application and the fee to a United States district land office in
the West, under several of our convenient settlement laws, and thus secure his claim.
After awhile he can proceed to his farm in the West so liberally provided by a gen-
erous Government. When this feature of pre-emption for aliens was adopted immi-
gration was limited, and it was not anticipated that before the year 1883 it would be
so greatin one year—as in 1882, viz, 788,992—that it would exceed the total population
of the States of Oregon, Nevada, Delaware, Rhode Island, and Colorado in one year.
Race traditions, as shown by opinions and political views of the descendants of orig-
inal settlers, will be the greatest danger the Republic will have to meet. A nation's
people should ownits lands. A person on a farm is sure of a living; his or her overplus
is a contribution to the wealth of the whole people, and the surplus crops of our farms
pecome aids to the world's medium of exchange. Our American farms, peopled by
American farmers, have been the producers of the strong and useful men and women
who manage and control the business and the affairs of the nation. It is not a rashes-
timate to say that almost one-third of our public lands now go to persons who are not
citizens of the United States and, under many land laws, need not be to perfect title.
We can continue to furnish not only well-ordered, safe Government, with equal chance
in the fight for competence and wealth, to all foreigners except Chinaman and Afri-
can negroes, but is it wise or necessary to give them a land bounty in consideration
of their having the kindness to come over and declare their intention to become citi-
zens. Should not our efforts be to the depopulating of our cities and large and over-
crowded communities, and the moving of our surplus home population westward to
Thomes on the public lands, where they can become self-sustaining citizens and an
element of security and wealth. The Anglo-Saxon, Slavic, and Teutonic races who
have come in the past have easily assimilated into reliable citizens; what of the Latin
race just starting westward? what of the Italian—80,000 in 1882, 90,000 in 1883?
Why should we give them a land bounty for coming? - -
President James Buchanan, in his veto message of the Homestead Act, June 22,
1860, speaking of the provision therein giving the benefits of the act to unnaturalized
foreigners (which is also part of the existing law), said:
We ought ever to maintain the most perfect equality between native and natural-
ized citizens. They are equal, and ought always to remain equal before the laws.
Our laws welcome foreigners to our shores, and their rights will ever be respected.
While these are the sentiments on which I have acted through life, it is not, in my
opinion, expedient to proclaim to all the nations of the earth that whoever shall
arrive in this country from a foreign shore, and declare his intention to become a citi-
zen, shall receive a farm of 160 acres at a cost of 25 or 20 cents per acre. * * *
The act of 1862, now in force, enacted all of the objectionable features of the vetoed
act of 1860, with the addition of “a person,” male or female.
FRAUDs UNDER ExISTING LAND LAws, AND WHEN DOES OR SHOULD GOVERNMENT
LAND TITLE PASS. -
The present system of laws seems to invite fraud. You cannot turn to a single
state paper or public document where the subject is mentioned for the year 1883,
from the message of the President to the report of the Commissioner of the General
Land Office, but what statements of “fraud.” in connection with the disposition of
the public lands are found.
Hon. Henry M. Teller, Secretary of the Interior, in his report for 1883, says:
The attention of the Department has been called to the frequent frauds committed
JBy parties securing lands under existing settlement laws without a compliance there-
CHANGES NECESSARY IN EXISTING LAWS. 537
with. In very many cases there is not even an attempt to comply with the laws.
When the country was new, and the parties desiring to secure land comparatively
few, it is believed that these laws were complied with in most cases when land was
entered, but as the demand for land has increased, it seems as if the people are rest-
less under the restraint imposed on them in securing land, and they go to work
systematically to defeat the very purpose of the law. The homestead and pre-
emption laws, designed to secure to the actual settler lands at a reasonable price,
have become agencies by which the capitalist secures large and valuable areas of the
public land at but little expense. *
WHEN DOES TITLE PASS Ž
The parties thus securing land without a compliance with the terms of the law
rarely hold the title thereto for any considerable time. In many cases, doubtless,
such conveyances are made for the purpose of placing the title in the hands of those
not connected with the frauds practiced at the time of entry, and in other cases from
a desire to realize the value of the land. Much embarrassment arises from the
attempt on the part of the Department to avoid such fraudulent entries. No diffi-
culty is found where the parties making such fraudulent entries still hold the title,
but in case there has been a transfer for a valuable consideration without notice of
the fraud, great injustice is done to the purchaser by disturbing the title which he
had no reason to suppose was fraudulent. Where the fraud is discovered before the
issue of the patent the Department finds no difficulty in canceling the entry, but
where such entries have passed to patent resort must be had to the courts. In some
cases fictitious names are used in the entry, and under a well-known principle of law
no title passes by such entry and patent. On the records of the United States, as
well as in the local office of record, there appears to be a good title in the patentee
for the premises described in the patent. The local records show a conveyance to
some one who professes to be the owner; on the strength of such patent and the con-
veyance under it, for a valuable consideration, a conveyance is made to a bona fide
purchaser who subsequently finds his title attacked by the Government. If it is
clearly-established that the grantee in the patent had no existence, the title is held
to be in the Government, and the purchaser has no remedy except against the vendor,
who is usually impecunious, and not infrequently has left the country. It would
appear to be right that after a certain time the presumption should be conclusive
that the patent was issued in strict accordance with law, and there should be no
inquiry into the proceedings anterior to the time of issue.
The portion of the above relating to the question of the efficacy of a patent ob-
tained by fraud is a serious one.
Under all of the settlement or disposition laws (see page 1162) the register, at the
time of applicant or claimant making purchase or proof completing his part toward
a title, issues a certificate which recites the law and other details, and concludes in
substance in all final certificates as follows: *
. Now, therefore, be it known that, on presentation of this certificate to the Com-
missioner of the General Land Office, the said shall be entitled to a
patent for the tract of land above described.
, Register.
No reservation whatever. This form came from the pre-emption act or cash-pur-
chase law prior to 1841, when there were no conditions of law as to settlement, resi-
dence, and cultivation. It was used under the pre-emption act of 1841, and is still,
where residence, cultivation, and improvements are required. After the homestead
act of May 20, 1862, was passed, and forms were made under it, this certificate was
continued.
WHEN DOES TITLE TO GOVERNMENT LANDS PASS3
No State or Territory can tax the public lands of the United States until title
passes from it. The improvements may be taxed but not the lands. It is the cus:
tom, however, Sanctioned by usage and law, to list and tax the land as soon as appli-
cants receive, under any law or laws, the register's certificate for patent, issued at
the district land office. This the United States has thus far consented to. If title
does not pass until the patent issues at the General Land Office at Washington, what
right or authority have States or Territories to tax the land, for if the register's cer-
tificate does not pass the title of the United States to the land, then the land should
not be taxed, because the title is yet in the Government, and so remains until the
patent issues.
The existing doubt is usually construed by the public and courts (see Judge
Sawyer's Opinion, page 1171 herein, on a suit to set aside a patent-obtained by false
538 CHANGES NECESSARY IN EXISTING LAWS.
swearing) on the side of the applicant or purchaser. If the law was not complied with
by the applicant, an innocent purchaser years afterwards may be brought into court.
in equity to defend title to his land. The surest way to cure this defect is to repeal
the laws suggested as worthy of repeal. Enact a simple disposition law, such as an
amended homestead law, and declare that the title goes With the act of proof of com-
pliance and issuing of register's certificate for patent, with a reasonable time for
action by the General Land Office. Unless some such act is passed, a fine assortment
and collection of suits for fraud are in store, and attorneys can fatten on reluctant
clients to be drawn into court to answer the suits of a negligent Government. This
question should be settled.
For method and manner of taxation and for citations of authorities as to when a
State may tax public lands, see page 239.
A MULTITUDE OF FORMS.
At present the public-land system requires a multitude of forms and regulations.
The catalogue of blanks and blank books for the Department of the Interior for
1882–83 contains a list of blanks used in and by the land service, covering 23 pages—
from page 85 to 108—and recording more than 800 numbers for blanks, books, and
circulars. For forms used in land entries see as follows: For pre-emption, page 638:
for homestead, page 1032; for desert:land act, page 1106; for timber and stone act,
page 1086; for timber-culture act, page 1091; for mines, page 1013; for cash entries,
page 1159.
In the face of the known fraud in land entries, some of the affidavits and blanks
used under the settlement laws are almost ludicrous. The fewer and simpler the
laws the less blanks and forms required for entry and the fewer false oaths by appli-
cants.
PATENTS.
A patent for public lands should be free of conditions and embarrassments. It
should be, as it was intended to be, a deed in fee.
It is the general opinion that a patent for public lands is in fact a fee, without lim-
itations or conditions. This is an error, and how serious a one can be seen by refer-
ence to page 356, where the form of a homestead patent is given in full; page 216,
for form of a pre-emption patent; pages 329 and 330, for forms used for placer and
vein mineral claims, and pages 973 to 976, for substance of patents for town sites.
When some of the present settlement and disposition laws are repealed or amended,
the United States land patent can be made a fee in fact. The present numerous and
varied kinds are great aids to litigation, especially the patents for mining claims and
town sites. : -
When the word “patent” is used, a deed or fee is understood. The nation should give
a warranty deed or one in fee, as it is the sole owner or proprietor, instead of one
form of patent, or one form for the several different classifications of land, which would
be at most seven different patents. We find that at present the General Land Office
issues under the several land laws 57 different patents. The list is given in full.
Department blanks (Department of the Interior) used in the General Land Office.
CLASS 13.
PATENTS.
4-402.-Patent credit system, northwest of the Ohio. 4–403. 4–404.—Patent, home-
stead, act May 20, 1862, non-mineral. 4-405.-Patent, homestead, act May 20, 1862,
mineral. 4–406.-Patent, cash, act April 24, 1820, non-mineral. , 4–407.—Patent,
cash, act April 24, 1820, mineral. 4–408..—Patent, agricultural college, act July 2,
1862, mineral. 4–409.--Patent, agricultural college, act July 2, 1862, non-mineral.
4–410.-Patent, Valentine scrip, act April 5, 1872, mineral. 4–411.-Patent, cash,
town site. 4–412.-Patent, donation, act May 24, 1828. 4-413.—Patent, Kansas
trust lands. 4–414, 4–415.-Patent, warrant, act March 22, 1852. , 4–416.-Patent,
warrant, act March 3, 1853. 4-417. –Patent warrant, act March 3, 1855, non-mineral.
4-4174.—Patent warrant, act March 3, 1855, mineral. 4–418.-Patent, warrant, act
February 11, 1847, non-mineral.4–418#.—Patent, warrant, act February 11, 1847, min-
eral. 4-419.—Patent, warrant, act September 28, 1850, non-mineral. 4–420,-Patent,
warrant, act September 28, 1850, mineral. 4–421.—Patent, warrant, act March 17,
1862. 4-422,-Patent, timber culture, non-mineral. 4–423.−Patent, Ottawas and
CHANGES NECESSARY IN EXISTING LAWS. 539
Chippewas, act July 31, 1855. 4-424.—Patent, timber culture, mineral. 4-425.--
Patent, cash, act September 26, 1850. 4-426.—Patent, donation, act July 22, 1854.
4–427. 4–428.-Patent, donation, act September 27, 1850. , 4–429.-Patent, Pottawat-
omies, treaty of 1867. 4–430.-Patent, cash, act April 24, 1820, non-mineral. 4-431.-
Patent, Indian, act March 3, 1875. 4–432.-Patent, Chickasaws, treaty October 20,
1832. 4–433–Patent, Delawares, act June 22, 1874. 4-434.—Patent, Ottawa trust,
treaty June 24, 1862, 4–435.—Patent, Sac and Fox, treaty March 6, 1861. , 4–436.--
Patent, Pottawatomies, treaty November 15, 1861. 4-437-Patent, Winnebago, act
February 21, 1863. 4-438.-Patent, Winnebago trust, act February 21, 1863. 4-439.-
Patent, Kaskaskia, &c., treaty May 30, 1854. 4-440,-Patent, Kansas trust, treaty
October 5, 1859. 4–441–Patent, Chippewa, treaty August 2, 1855, 4–442.-Patent,
Brothertown, act March 3, 1839. 4–443.—Patent, Choctaw, treaty September 27, 1830.
4–444.—Patent, Creeks, treaty March 24, 1832, 4–445.-Patent, form for copy. , 4-446.
4–447.-Patent, treaty September 30, 1854. 4-448.-Patent, act June 22, 1860. 4-449.-
Patent, act June 2, 185S, 4–450–Patent, act June 21, 1860. 4–451.-Patent, act July
9, 1832. 4–452.-Patent, Surgeon-General's certificate, act June 2, 1858. 4-453.
4–454.—Patent, treaty September 30, 1854, 4–455. 4–456–Patent, Sioux, act May
19, 1858. 4-457, 4–458.-Patent, Red Lake, treaty October 2, 1863, 4–459.—Patent,
placer. 4–460.-Patent, coal lands. , 4–461.—Patent, Sutro tunnel. 4-462.-Patent,
lode claims. 4–463. – Patent, mill sites. 4–464.—Patent, mineral, Supreme Court.
4–465.—Patent, non-mineral, Supreme Court. 4-466.-Patent, military surveys in
Ohio. 4–467.-Patent, warrant, act July 27, 1842. 4–468.-Patent, Hot Springs.
4–469.-Patent, swamp lands. 4–470.—Patent, swamp-land indemnity.
Not filled: 4–471, 4–472, 4–473, 4–474, 4–475.
UNLAWFUL OCCUPATION OF THE PUBLIC LANDS.
(See also page 1168 herein.)
An immediate necessity exists for the passage of a law to prevent the unlawful oc-
cupation of the public lands. The effect of the decision of the Supreme Court of the
United States in Atherson vs. Fowler (6 Otto, 543), and in Hosmer v8. Wallace (7 Otto,
575), has been to turn over a large portion of the public lands to such as may want
them, with the right of holding against the United States or persons claiming under
the Government. These decisions have been court law for more than three years.
The laws of Congress, however, are the other way. A new act should be passed with
provisions for punishment and penalties for the unlawful occupation of the public
lands. The following report by Mr. T. M. Rice, from the House Committee on the
Public Lands, January 12, 1883, Forty-seventh Congress, second session, House of
Representatives, Report No. 1859, is given in full.
- LEGISLATION NECESSA.R.Y.
[Report to accompany bill H. R. 7244.]
The Committee on the Public Lands, to whom was referred the bill (H. R. 3560) to
prevent the unlawful occupation of the public lands, report back said bill with a sub-
stitute, the passage of which is recommended.
In California and in others of the States and Territories, as is made to appear to:
the committee, large tracts of the public lands have been inclosed by sheep and cat-
tle rangers, who have no title, but, finding the lands vacant, have inclosed them
with fences and use them for purposes of pasturage.
These lands, so unlawfully held, are legally subject to pre-emption and homestead
entry, and but for this unlawful adverse occupation would be eagerly sought and en-
tered by the home-seekers now flocking into the West. But finding the land in the
occupation of another, the homesteader or pre-emptor is thereby, under the rulings.
of the courts, prevented from making homestead or pre-emption entry.
The Supreme Court of the United States in the case of Atherson vs. Fowler (6 Otto,
513), and the subsequent cases of Hosmer vs. Wallace (7 Otto, 575), and Trenouth vs.
San Francisco (10 Otto, 251) has held that no right of pre-emption can be established .
by a settlement and improvement on a tract of public land which is in the possession.
of another who has inclosed, settled upon, and improved it.
In Hosmer vs. Wallace the court says:
“To create a right of pre-emption, there must be settlement, inhabitation, and im-
provement by the pre-emptor, conditions which cannot be met when the land is in the
occupation of another. * * * Under the pre-emption laws, as held in Atherson w8.
Fowler, the right to make a settlement is to be exercised on unsettled lands; the right
540 CHANGES NECESSARY IN EXISTING LAWS.
to make improvements is to be exercised on unimproved land; and the right to erect
a dwelling house is to be exercised on vacant land. None ef these things can be done
on land when it is occupied and used by others.”
In Trenouth vs. San Francisco the court says:
“The right of pre-emption, under the laws of the United States, cannot be acquired
by intrusion and trespass upon lands in the actual possession of others.”
From these quotations, it is apparent that the Supreme Court intended to deny the
right to pre-empt when there was actual possession in another, without regard to the
character of the possession, whether lawful or not.
And so the supreme court of California understands those decisions, as will be seen
from their language in the case of Davis vs. Scott (6 Pac. Law Journal, 699):
“As the land was in the actual possession and occupation of the plaintiff at the
time defendant attempted to locate a pre-emption claim thereon, it was not, therefore,
subject to pre-emption.” 1.
Under the operation of these decisions the trespasser is enabled to hold and keep
from settlement and improvement large areas of the public lands. If the pre-emptor
attempts to enter into possession he is proceeded against as a trespasser for invading
the possession of another. If he seeks to defend on the ground that he is a pre-emptor,
and the lands are legally subject to pre-emption, he is met with the decisions of the
courts that, inasmuch as these lands are and were, when he attempted to make pre-
emption or homestead entry, in the possession of another, his entry and possession is
of no force or effect. Thus he is deprived of any standing in court to assail the posses-
sion of the real trespasser.
The substitute provides a simple procedure by which the occupant can make entry,
filings, and declarations to acquire title to such part of the tract as he could enter
under the laws, and prevents his holding a larger quantity and thereby thwarting
the beneficent operation of the laws framed for the benefit of actual and bona-fide
settlers.”
CHANGES IN EXISTING LAND LAWS.
THE PRE-EMPTION ACT.
(See pages 678–682 and 1163, 1209.)
The pre-emption act and amendments should be repealed. Its chief value now is
to illegally acquire public lands. It aids in the increase and growth of perjury. For
details as to recommendations of officials and the action of Congress in favor of this
repeal, see references above.
Enacted long prior to the homestead law of 1862, it was, in fact, supplanted by it.
All of its best and useful features are now in ſhe homestead act.
It is stated by land officers that more than one-half of all the entries under the pre-
emption act are fraudulent. The lands for which this and the present homestead act
were framed are now about exhausted; and changed condition of affairs now exists.
THE HOMESTEAD LAWS
(See pages 679–683 and 1163,48, 1220.)
$hould be consolidated into one act, with a provision for five years' settlement,
then title to pass free; or, if at the end of two years, the homesteader desires, he or she
can pay for the land at $1.25 per acre. The five years' residence clause in the preseat
law grew out of the fact that foreigners who had filed their intentions to become citi-
zens and then filed a homestead, have to wait five years to become citizens, so as to
obtain title by residence, and unless the right of such to file claims is abolished, or
the term of residence required for citizenship is shortened, the present rule must stand.
The Indian homestead clause, on pages 1032 and 1045-'6, should remain, with the pro-
viso that Indians entering such lands should not be charged for filing, and the fees of
local offices should be paid by or credited to them by the General Land Office. A
desert homestead, 640 acres or more, should be provided for in lieu of present desert-
1and law.
The existing timber-culture provision could be retained. (See 2317 R. S.)

CHANGES NECESSARY IN EXISTING LAWS, 541
MINING LAWS.
(See page 1220.)
The present mining laws relating to the precious metals will, in the near future,
have to be materially changed, when other classes of public lands are exhausted
and attention is given to the subject. A short and sharp conclusion will be reached,
and essential amendments will be made—changes for the better security of title and
respect for the rights of property. They and the timber lands are in the future to
become the chief source of supply of cash from sales of public lands.
The coal lands are sold at too high a price, $10 and $20 per acre; $5 would seem to
be enough. Gold and silver lands are sold for this amount. *
THE PASTURAGE LANDS,
The great area of pasturage land in the desert region, now the property of the nation,
more than 300 millions of acres, are a free zone for millions of cattle and thousands of
herders, holding title to ranges by mere occupancy and to the herds by brands and marks
and consent and agreement between herd-owners. The value of these lands for grazing
purposes is considerable; for any other surface use at present, nothing. Underlying
these are vast measures of coal and other minerals, so that if these lands are sold for a
nominal acreage the coal and other minerals would probably go with them. Scattered
here and there over them are springs and water holes. These have been entered under
the homestead or pre-emption acts. The ownership of the water on the plains and
pasturage lands controls the land. The land is useless without the water. A spring,
water hole, or river front will control the pasturage lands for miles. These have al-
most all been entered under the settlement laws. & -
Artesian wells may settle the future of these lands. Government experiments, how-
ever, in this direction thus far have not resulted satisfactorily.
This valuable interest should be protected by law, and in some manner security of
title for occupancy, for a time at least, should be secured to cattle-owners.
The settlement and disposition laws are now used to capture the water, and thus
control the lands. These lands must be sold or leased or remain as they are. (See Ex.
Doc. No. 46, Forty-sixth Congress, second session, for testimony and suggestions as to
these lands and the cattle-raising industry.)
THE DESERT-LAND ACT.
(See pages 1165, 1221.)
The desert-land act has become an aid to land-grabbing. It should be repealed or
a larger area given under it. The act is nearly, if not quite, useless for the actual
settler, from the fact that poor men cannot irrigate by means of expensive ditches,
and men of means cannot afford to dig ditches for so small an area on account of the
cost. In the opinion of many, the claims entered under this act were meant by the
law to be assignable, but Secretary Schutz ruled otherwise.
We now guard the desert lands with scrupulous care; perhaps we are waiting for
climatic changes to make them arable. It is a great pity that the same care was not
taken with the swamp lands. We gave millions of acres of swamp lands, because
they could not be cultivated, to persons who would reclaim them to agriculture by
taking water from them, while under the desert-land act we charge persons for un-
cultivatable lands and make them pay $1.25 per acre for the privilege of spending
large sums of money to reclaim them to agriculture by the introduction of water. In
one case we gave them the land for reclamation; in the other we make them reclaim
the land at a vast expense and pay the Government for the privilege.
THE TIMBER-CULTURE LAW
(See Pages 681, 683, 1088, 1164, and 1221.)
Should be repealed. Its use is to fraudently enter public lands. For entries, see pages
1089 to 1090 and page 1290.
The entries under this act in Kansas alone up to 1883, were 23,942, containing
3,832,636.44 acres. Under this act, to June 30, 1883, there have been 101,358 entries,
containing 16,768,076.70 acres. Surely the cry that our forests are being destroyed is
of small value when the enormous timber crop that is coming on under these entries
542 CHANGES NECESSARY IN EXISTING LAws.
is considered. We are growing on public lands (on paper) timber for the world.
Unfortunately the humor of this law can readily be seen when it is known that but
500 of these claims have been proved up or shown to contain cultivated timber, con-
taining in all 97,836.08 acres.
Dakota is to become the future timber reserve under this law.
In 1882, in Dakota 9,368 entries were made, containing 1,466,532.39 acres. Four
claims were paid for; that is, four persons showed that they had complied with the
law, containing 521.68 acres. In 1883 there were 11,199 timber-culture entries in
Dakota—timber culture probably being more profitable than wheat growing—con-
taining 1,755,419.58 acres. During the same period 111 persons showed that they
had complied with the law and made final entries of 14,968.12 acres.
The two tables of total disposition of public lands for the year 1882 and 1883, in
detail printed herein, can be studied with profit as to all of the settlement and dispo-
sition laws. Minnesota, Kansas, Nebraska, and other tree and treeless States have
entered enormously into the growing of timber.
An area more than twice as large as all New England is now by law and on paper
raising timber for the future. (See pages 1089–90 and 1290 for tables.)
The timber-culture act can fairly be titled “An act to loan to any person 160 acres
of public land for eight years without fear, favor, or supervision.”
The existing homestead act contains a timber-culture provision. (See 2317, R. S.
U. S., and page 361, herein.)
TIMBER LANDS.
(See pages 1049, 1081, and 1165.)
The timber lands should be sold, and a law should be passed to this effect. Will
not private ownership, self-interest, best protect this class of lands?
At present a force of special timber agents (see page 1051) are employed under the
direction of the Commissioner of the General Land Office, charged with the care of
the timber lands. The force is self-sustaining so far as money is concerned, but it
is un-American and unpopular. The necessity for it is due to the fact that there is no
general law for the disposition of the timber lands of the United States. The state-
ments of these agents are, of course, ex parte, and the public are not in love with nor do
they yield willing obedience to them. Persons do not usually depredate upon the pub-
lic timber for mere wantoness, but frequently they are forced to become depredators
through want of the timber for actual or commercial use, and the lack of a law for
its sale. -
RECOMMENDATIONS AS To LEGISLATION FOR THE SALE AND CARE OF TIMBER LANDS.
The Public Land Commission, in its report, February 21, 1880 (H. Ex. Doc. No. 46,
second session, Forty-sixth Congress, with testimony as to these lands), speaking of
the timber lands, recommended the passage of a law for the sale of the public timber
and graduating the price.
DETAILS AS TO LACK OF TIMEER I.A.W.S.
Referring to the timber-lands question and the above suggested law, the Commis-
sion used the following language, which is of value, because the situation December
1, 1883, is the same as at the date of the report. • *
It is proper to Say that much difficulty is encountered in trying to suppress dep-
redations upon the timber on the public lands.
The difficulties arise from a variety of causes, chief among which has been and
still is the impossibility of purchasing, in a straightforward, honest way from the
Government, either timber or timber-bearing lands.
Until a very recent date, no public lands in the States of Arkansas, Louisiana, Mis-
sissippi, Alabama, or Florida could be procured in any other manner than by a com-
pliance with the homestead law. This condition of the law was the primary cause of
thousands of fraudulent holmestead eutries. It was no uncommon thing for one per-
son or one firm engaged in the timber or turpentime trade to procure to be made large
numbers of homestead entries with apparently no intention of complying with the
law. So far as relates to the States mentioned, this condition no longer exists, as the
lands have all been brought into market under the act of June 22, 1876, and rendered
subject to sale at $1.25 per acre at private entry, and consequently depredatious on
the timber in those States have, to a very great extent, ceased.
CHANGES NECESSARY IN EXISTING LAWS. 543
Until the passage of the act of June 3, 1878, entitled “An act for the sale of timbel
lands in the States of California, Oregon, Nevada, and in Washington Territory”
there was no manner by which timber or timber lands in either of the States or the
Territory mentioned could be obtained excepting by settlement under the homestead
and pre-emption laws, and by the location of certain kinds of scrip and additional
homestead rights, which cost several dollars per acre. -
Settlements upon timber-bearing lands in the States and Territory mentioned in
the act, under the homestead and pre-emption laws, are usually a mere pretense for
getting the timber. Compliance with those laws in good faith where settlements are
made on lands bearing timber of commercial value is well-nigh impossible, as the
lands in most cases possess no agricultural value, and hence a compliance with the
law requiring cultivation is impracticable.
The commission visited the red-wood producing portion of the State of California,
and saw little huts or kennels built of “shakes” that were totally unfit for human
habitation, and always had been, which were the sole improvements made under the
homestead and pre-emption laws, and by means of which large areas of red-wood
forests, possessing great value, had been taken under pretenses of settlement and cul-
tivation which were the purest fictions, never having any real existence in fact, but
of which “due proof” had been made under the laws.
In some sections of timber-bearing country where there should be, according to the
“proofs” made, large settlements of industrious agriculturists engaged in tilling the
soil, a primeval stillness reigns supreme, the solitude heightened and intensified by
the grandeur of high mountain-peaks, where farms should be according to proofs made,
the mythical agriculturist having departed after making his “final proof” by perjury,
which is an unfavorable commentary upon the operation of purely beneficent laws.
The law of June 3, 1878, is onerous, and ameliorates the condition existing before
its passage but very little, if any ; something further is necessary.
Another act was approved on the 3d of June, 1878, entitled “An act authorizing
the citizens of Colorado and the Territories to fell and remove timber on the public
domain for mining and domestic purposes,” by the provisions of which settlers and
other persons may fake timber for mining and agricultural purposes from mineral lands.
The provisions of this law, when understood, mean but very little. Timber may be
taken from mineral lands. Perhaps not one acre in five thousand in the State and Ter-
gritories named is mineral, and perhaps not one acre in five thousand of what may be
mineral is known to be such. The benefit of this law to the settlers is better under-
stood when these facts are known.
The whole subject-matter of existing laws in relation to the sale or disposal of
timber-bearing lands may be briefly stated, as follows:
Timber lands in the States of Arkansas, Louisiana, Mississippi, Alabama, and Florida
may be bought for cash by any persons in any quantities, or may be taken under the
homestead and pre-emption laws. *
In such parts of the States of Michigan, Wisconsin, Minnesota, and Missouri as con-
tain public lands, which are at the same time agricultural and timber lands, the title
amay be obtained only under the homestead and pre-emption laws.
There is no way provided by law for disposing of lands which are chiefly valuable
for timber of commercial value in those States, as it must be conceded by all that the
homestead and pre-emption laws apply only to lands valuable for agriculture.
In the States of California, Oregon, and Nevada, and in Washington Territory,
timber lands can be bought by certain persons, under certain onerous conditions, in
quantities not exceeding one hundred and sixty acres.
In the States of Nevada (both the laws approved June 3, 1878, are applicable to
this State) and Colorado, and in all the Territories except Washington, any person
may cut and remove all the timber he may need for mining and domestic purposes
from mineral land. This law, strictly observed, would not confer any benefit upon one
in one thousand of the inhabitants. There is no other law by or under which timber
'Or timber lands can be procured in the States and Territories last above named.
The population of two States and seven Territories should not longer be compelled
by the laws of the country to be trespassers and criminals on account of taking the
timber necessary to enable them to exist, as is the condition to-day, and as it has been,
according to law, ever since settlements were commenced, or since the policy of sell-
ing lands for cash has leen abandoned by the Government.
LEGISLATION RECOMMENDED, 1883.
Attention is called to the recommendation of Commissioner McFarland, in his an-
nual report for 1883, page 9, for the necessity of prompt legislation as to the sale or
disposition of the timber lands.
THE TIMBER AND STONE ACT.
(See pages 689, 1046, 1086, and 1221.)
The data as to the necessity of amendment or repeal of this law, together with
details of its practical operation, will be found on the pages above cited.
544 PUBLIC LANDS IN THE SOUTHERN STATES.
PUBLIC LANDS IN THE FIVE SOUTHERN STATES.
At the close of the war of the Rebellion, the President, by proclamation June 13,
1865, ordered the reopening of the United States district land offices in the States
of Louisiana, Florida, Arkansas, Mississippi, and Alabama. Congress, June 21, 1866,
directed that all public lands in those States should be reserved for settlement under
the homestead act of May 20, 1862. The obtaining of these lands by the landless
class of the South was considered essential to their future welfare and that of the
Nation. Congress therefore enacted that they should only be entered under the
homestead law, and, changing the rule, fixed the maximum acreage to be entered by
a person at 80 acres. This was to continue until June 21, 1868. Under this law to
June 30, 1883, the homestead entries have been as follows:
FROM JUNE 26, 1866, TO JUNE 30, 1883.

States. º;. Quantity.
Acres.
Alabama ------------------------------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 31, 207 || 3, 142,279.21
Arkansas--------------------------------------------------------------------- 47,975 || 4,449, 567.94
Florida ----------------------------------------------------------------------- 18,036 | 1,956,227.67
Louisiana --------------------------|------------------------------------------ 10, 901 | 1,297, 620.32
Mississippi------------------------------------------------------------------. 13, 845 | 1, 342, 117.35
121,964 | 12, 187, 811. 89
One hundred and twenty-one thousand nine hundred and sixty-four homes started
and initiated, containing 12,187,811.89 acres, an area almost equal to the surface of the
States of Connecticut, Massachusetts, and New Jersey.
Considering the lack of immigration into these five States, the above results of the
homestead act were gratifying, and the poor and landless class of that section were
acquiring homes and becoming self-supporting.
THE LAW CHANGED, AND PUBLIC OFFERING AND PRIVATE CASH ENTRIES ARE
AUTHORIZED.
Congress enacted—which enactment became a law June 22, 1876, by the non-ap-
proval of President Grant—that all of the public lands in the five Southern States
should be brought into market by proclamation for sale at public offering (see pages
206 and 207), to be followed by private cash entry.
THE ACT IN FULL.
[R. S. 2303, p. 424, repealed July 4, 1876.]
CHAP. 165.—An act to repeal section two thousand three hundred and three of the Revised Statutes of
the United States, making restrictions in the disposition of the public lands in the States of Ala-
bama, Mississippi, Louisiana, Arkansas, and Florida.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That section two thousand three hundred and three of the Re-
vised Statutes of the United States, confining the disposal of the public lands in the
States of Alabama, Mississippi, Louisiana, Arkansas, and Florida to the provisions of
the homestead law, be, and the same is hereby, repealed: Provided, That the repeal
of said section shall not have the effect to impair the right, complete or inchoate, of
any homestead settler, and no land occupied by such settler at the time this act shall
take effect shall be subject to entry, pre-emption, or sale: And provided, That the
public lands affected by this act shall be offered at public sale, as soon as practicable
from time to time, and according to the provisions of existing law, and shall not be
subject to private entry until they are so offered.
SAMUEL S. COX,
Speaker of the House of Representatives, pro tempore.
T. W. FERRY,
- President of the Senate, pro tempore.
Received by the President June 22, 1876.
[NOTE: BY THE DEPARTMENT OF STATE.-The foregoing act, having been presented
to the President of the United States for his approval, and not having been returned
loy him to the House of Congress in which it originated within the time prescribed
by the Constitution of the United States, has become a law without his approval.]
It was claimed that the passage f the act of June 22, 1876, would enable persons
to at once acquire titles to homes without waiting the long period required under the
homestead act. Besides it was urged that, as much of this land was covered with val-
uable timber, the Nation would secure a greater price than $1.25 per acre, it being
PUBLIC LANDS IN THE SOUTHERN STATES. 545
worth a great deal more at public sale. This was and always is mere subterfuge. It
is a cunning device to pass a cash or private sales law. Hardly a member of Con-
gress could or can be found who would introduce a bill to sell public lands outright
for money, in unlimited quantities, to citizen or alien. The acts of June 22, 1876, and
March 3, 1883, were in fact just such laws, with this difference, that they put the Na-
tion to an enormous expense for advertising the public sales, about equal to $500,000,
in the South, which would not be necessary if the law was a plain spoken cash sale
act. Pages 206 to 208, show the existing procedure in public offering and sale of
public lands.
The sales are advertised ; a few persons come to the land office where offered;
scarcely any one bids. The lands thus become offered, are so marked on the plats, and
are thereafter sold for cash in unlimited quantities at $1.25 per acre. This is going on
at this date in the Southern States, and especially in Alabama, under the act of
March 3, 1883. Several offerings are now advertised for January 7, 1884. Any per-
son, citizen, or alien, can at this hour buy a million acres of the public lands, not
occupied by settlers, in any of the five Southern States, at $1.25 per acre—timber, min-
eral, and agricultural. -
PUBLIC OFFERING IN THE SOUTHERN STATES A MERE TECHNICAL EXPRESSION.
Millions of acres of public lands have been offered at public sale at auction in the
five Southern States since 1876. This method of sale came into effect during the old
cash-sale period prior to 1841. It has become a fixture of the public land system
on account of precedent, but with no reason or value. To show what a farce this is,
the statistics of such sales for 1882 and 1883 are given:
Sales of lands at public sale offering and private cash entry, or purchase of 8wch lands after
being offered and not sold, in the five Southern States, for the fiscal years 1882, 1883.
1882. 1883.
§ #### ‘g .####
Q) cº º Q © cº º
: ă bp = 3 : à ºf E 3
States. 3 ºf #5 ºff *E 80 ## *š
GO
3.5 +s #### ää +5 ###
<!--> . GO g- r— ºf rºd a. 3 & º: r: ;- rºc º
cº º 5 #####, cº 5 #####,
º: 8 #3 & #5 # E §§§§§
C/2 <! <! CO <! <!
Acres. Acres. Acres. Acres.
Alabama -----------|--------------|-----------. 57,438.83 40. 11 $50 14 70,265. 52
Arkansas----------- 772. 36 || $1,059 53 57, 172.57 2, 177.68 2,922 10 106,671. 87
Florida * * * * * * * s º gº tº º sº 1, 174. 37 1, 552 55 128,873. 42 220. 99 590 44 221,853. 15
Louisiana----------. 186.59 233 20 367, 465. 40 2,789.98 3,487 48 355, 184.74
Mississippi---------|--------------|-----------. 219,455.89 --------------|------------ 349,431.04
Total.--...--. 2,033.32 2,845. 28 830,406. 11 5,228.76 7,050.16 1, 103,406. 32

THE SPECULATORS AND LARGE HOLDERS EARNESTLY AT WORK.
This bad policy of selling the public lands in the South at private sale—for cash at
private Sale—in unlimited quantities, can be seen in the steady gain of the area of
cash purchases over the area taken under the homestead act.

2 .1882. 1883.
States. H tead - EI tead
OD16Stea. On 16Süe &
entries. Cash sales. entries. Cash entries.
Acres. Acres. Alcres. Acres.
Alabama -------------------- -------- 266, 123.44 57, 438.83 268,732.09 70,265. 52
Arkansas ---------------------------. 365,913. 98 57, 172.57 353,824.00 106,671. 87
Florida * * * * * * * * * * * * * * * * * * * * * * ºn e º ºs ºs º ºn is 191,033.22 128,873.42 210,800. 43 221,853. 15
PQuisiana---------------------------- 116,703. 70 367,465.40 124, 660. 19 355, 184. 74
Mississippi..... - - - - - - - - - - - - - - - - - - - - - 138,488. 36 219,455.89 167,079.90 349,431.04
Total -------------------------- 1, 038,262.70 830,406.11 1, 125,096.61 1, 103,406.3%
35 L O—WOL III
546 PUBLIC LANDS IN THE SOUTHERN STATES,
AREA OF PUBLIC LANDS IN THE SOUTH JUNE 30, 1866, WHAT HAS BEEN
DONE WITH THEM, AND AREA REMAINING JUNE 30, 1883.
In 1866 it was estimated that the United States owned more than 40,000,000 of acres
in the five Southern public land States, or an area quite equal to the States of South
Carolina, West Virginia, and Connecticut.
what HAS BECOME OF THEM.
In round numbers, thirteen millions of acres of this area have been disposed of to
June 30, 1883, under the homestead, pre-emption, mineral and coal acts; about 8,000,000
acres have been sold for cash; about 18,000,000 of acres were still the property of the
Nation June 30, 1883.
RAPID DISPOSITION PROBABLE IN 1884.
Of the amount remaining, judging by the disposals from June 30, 1883, to Decem-
ber 1, 1883, 3,500 of acres will be disposed of during the year to June 30, 1884. The
sales under the Alabama mineral act of March 3, 1883, may run this up to 4,000,000
of acres, of which more than a half will probably go into the clutches of speculators.
THESE LAWS SHOULD BE AT ONCE REPEALED.
The act of July 4, 1876, or June 22, 1876, page 545, and the Alabama act of March 3,
1883, page 980, should be at once repealed. They do violence to the views of the ma-
jority of the people, are for the use and benefit of capitalists and speculators, and are
against Sound public policy. These lands, about all of the remaining purely agricult-
ural public domain, and some covered with valuable timber, should be held for actual
settlers, under the homestead act. Such as are purely timberlands should be disposed
of under a new and general timber disposition law.
The Alabama act of March 3, 1883.—The Alabama public land act, given in full on
pages 980, 981, should be at once repealed.
The mineral lands thrown open by this act to purchase at private sale in unlimited
quantities at $1.25 per acre, are of great value, and embrace from two to five hundred
thousand acres. Being found to contain valuable minerals, iron, and coal, the Com-
missioner of the General Land Office, as was his duty by law, after examination by ex-
perts of his office, withdrew them from public and private sale and entry under the
homestead act, to the end that the nation might get the legal price, per acre for the
lands, the same exacted for mineral and coal lands in other public land States and
Territories. Besides, large areas of this land had been entered under the homestead act,
in the face of a non-mineral affidavit taken in each case. A curative act (the law con-
tains such a clause), if Congress found equity existing, would have reached this class of
entries, and relieved the actualsettlers without throwing open the entire area known to
be mineral to private entry. It was alleged that interested parties, capitalists, for their
own benefit, had caused homestead entries to be made by persons employed for the
purpose; these entries were suspended by the General Land Office. Congress was then
asked to aid in the acquirement of title by these principals. For almost two years a con-
stant attempt was made to pass this law in the 47th Congress. Active, earnest legisla-
tors watched it closely, and tried to prevent its passage. The Commissioner of the Gen-
eral Land Office, the officer charged with the direct control of the disposition of the pub-
lic lands, did not recommend its passage, but on the contrary distinctly stated in sub-
stance that he was not prepared to recommend so radical a change in the method of dis-
position of the public lands. The title of the act has no reference in fact to the text
of the bill. It is, “An act to exclude the public lands in Alabama from the opera-
tions of the laws relating to mineral lands.”
The title should have been “An act to sell all mineral lands of the public domain
in Alabama as agricultural lands, and at private sale at $1.25 per acre in unlimited
quantities to any person or persons,” citizens or aliens. For this is the effect and the
result of the act.
The law contains this proviso, “Provided, however, that all lands which have hereto-
fore been reported to the General Land Office, as containing coal and iron, shall first
be offered at public sale.” The meaning of this was and is that such lands shall be
sold at private sale, cash entry (see page 1159), nothing more or nothing less, and
under this clause the lands are now being offered by President's proclamation. A
PRIVATE DEPOSITs FOR SURVEYS. 547
ew acres will be sold at public sale, but, as a result of the offering, it being the pur-
pose, an enormous area will be sold in legal subdivisions, at private sale, to any per-
son in unlimited quantities for cash. This law was originally introduced in the House
of Representatives as H. R. No. 19, 47th Congress, 1st session, December 13, 1881.
It should be repealed along with the act of June 22, 1876, and before much serious
harm may have occurred under its provisions.
Why should the public coal lands be sold for $10 and $20 per acre in Colorado,
Utah, and other land States and Territories as they are, and for $1.25 per acre in
Alabama, as this law orders they shall be sold 3 Why should iron lands be sold for
$2.50 to $5 per acre in California and Idaho as “valuable mineral deposits,” and in
other land States and Territories as they are, and for $1.25 per acre in Alabama, as
this law says they shall be sold. Do they lose in value because located in Alabama?
EXISTING PRIVATE LAND CLAIMS SHOULD BE SETTLED.
(See pages 365 to 410, 1111 to 1157, and 1292.)
Private land claims should be at once settled, a statute of limitation should be
passed, of say two years, within which all such claims should be filed. A commis-
sion should be appointed (if a court is not thought best). One commission should
be created charged with the entire matter; one would be better than several, as
experience would thus be more available.
PRIVATE LAND SURVEYS OR DEPOSITS FOR PUBLIC LAND surveys. (Secs. 2401, 2402,
2403, Revised Statutes.)
(See pages 184, 185, and 569 to 572, and for circular of September 15, 1883, see page
1243; Chapter XXXVI, Surveys, page 1242.)
This law has materially aided in giving the United States a handsome addition to her
already large and full collection of surplus surveyed sand banks and deserts, which
she cannot dispose of. The arable or irrigable lands, a comparatively few acres in each
township are taken by actual settlers, still the entire area is surveyed and subdivided.
In most cases leaving four-fifths of the area waste. This law results in the survey of
lands of no present, and probably of no future value, and the obtaining of certificates
indorsed by officers of the Government for moneys advanced, which may have te
be redeemed with land in place or cash. Congress will probably be called on shortly
to redeem these certificates. (See Commissioner McFarland’s recommendation as to
the repeal of this law, page 572, and as to its operations).
sº AREA OF SURVEYED AND UNSOLD LANDs JUNE 30, 1883.
As the United States already owns more than 254,000,000 of acres of surveyed and
unsold lands (see page 528), will it not be as well for Congress to inquire as to the
utility of this system? The United States appropriated $400,000 for surveys in the
year 1883. . The deposits for private surveys were $1,162,935.58, for which certificates
were issued, and these certificates are assignable, and are used in payment for public
lands. A careful scrutiny of this law and the results under it will pay for the
effort. Congress in fact seems to know nothing of the practical effect or abuses of
this law, or it would have been repealed long ago. Mr. Commissioner McFarland's
statement in 1881 (see page 572 herein) can be again given, as it is, in the main, as
potent to-day as it was two years ago.
RESULTS UNDER THIS LAW SHOW THE INECESSITY FOR ITS REPEAL.
The necessities which formerly existed for advanced or early surveys of the public
lands in 1862 and up to 1879, consequent upon a rush of settlers, has ceased to exist.
The purely agricultural lands are about all surveyed, except probably in Dakota and
the Southern States. The annual appropriation for surveys is sufficient for all prac-
tical purposes. Surely the estimates of the Commissioner of the General Land Office
should be the guide for the necessities for surveys. It is difficult to give the exact
area surveyed under the private deposit system, as the private deposit and public
surveys are aggregated by the General Land Office.
FHISTORY OF THIS LAW.
The law as originally passed, May 30, 1862 (sections 2401 to 2403 R. S., and amend-
atory act of July 1, 1864), permitted the deposit of money, by the settlers in any

548 PRIVATE DEPOSITS FOR SURVEYS.
township not mineral, for the survey and subdivision of the same. The certificate of
deposit was to be receivable in part or in payment for their lands, taken under the
homestead or pre-emption acts, situated in the townships, the surveying of which is
paid for out of such deposits.
This law was fair enough upon its face, but was but seldom used.
March 3, 1879, an amendment of section 2403, R. S., was passed, making the certifi-
cates issued for such deposits assignable by indorsement and receivable at any land
office in payment for pre-emption and homestead claims. This was a shrewd and
cunning amendment. For details as to its operations see pages 569 to 572.
In the sundry civil bill passed August 7, 1882 (it is probable that no separate bill
could have been passed), section 2403 (the act of March 3, 1879) was amended by
providing that the certificates issued for private deposit surveys of the public lands
should only be received in payment for lands at the land offices in the land districts
where the lands are which are surveyed. The township feature of the original law
was not restored. This was some relief, and abridged in a slight measure the evils
of the law. But a district in some cases means almost an entire Territory or State.
(See the list of land offices, page 555 herein.) If the law must remain, confine the lo-
cation of its certificates to the township in which the lands lie are surveyed. It laid
almost dormant from 1862 to 1879, when interested parties had it amended and the
fraud began. The amendment of 1882, confining the use or location of the certificates
issued for surveys to the land district in which the lands lie, virtually continues the
fraud.
This amendatory law was passed August 7, 1882. The deposits for private surveys
in the year ending June 30, 1883, were $1,162,935.58. Congress should examine into
this at once and repeal or vitally amend this law.
CIRCULAR OF MARCH 5, 1880, REVOKED.
(Noted on page 569.)
The circular of March 5, 1880, relative to surveys under the private deposit system,
was revoked by the circular of September 15, 1883, given in full in “Surveys,” Chapter
XXXVI, page 1243 herein. The method of procedure and regulations under this law
are therein set out in full.
VAST AREAS OF LANDS SURVEYED WHICH REMAIN UNSOLD.
For the purpose of showing the practical operation of this private deposit survey
system the following five political divisions are selected as a type. For full details
of operations under it, in all surveying districts, see pages 1240 and 1242:
Fº º
º Area surveyed Disposed of, Surveyed in Disposed of or surveye
State or Territory. - y º y and unsold
in 1882. 1882. 1883. 1883. lands, June
.30, 1883.
Alcres. Acres. Acres. Acres. Acres.
Arizona ------------- 293,036. 38 21, 156.81 1, 866,015. 76 57, 386.54 4,404,001. 26
Colorado ------------ 5,818, 183.84 534, 257.02 1, 370, 924. 49 °434, 713. 86 36,735,914.80
Nevada.-----------. 631, 373.47 78, 588. 27 3,025,799. 18 79, 936.67 18, 768, 912.47
New Mexico ........ 5, 287, 307.74 116, 931. 60 8, 361, 740.67 249, 195. 70 22, 866, 999. 03
Wyoming ----------- 412, 270.91 58,307.25 1, 216, 611.03 187,488.65 20, 655, 148.98
The above is one of the most interesting statements connected with the adminis-
tration of the land service. Millions of acres are surveyed annually under this pri-
vate deposit system which are not and cannot be sold, and the United States receives
and redeems the certificates issued for the money deposited for these surveys. Vir-
tually a loan of the credit of the United States to an unlimited amount for a private
purpose. If this private deposit system is of real benefit to settlers and the lands
necessary for actual settlers, why then does this not supersede the direct annual appro-
priation by the United States for surveys? One or the other certainly is superfluous.
OFFICERS OF THE GOVERNMENT ARE COMPETENT TO JUDGE WHEN
SURVEYS ARE NECESSARY. º
The surveyors-general in the sixteen public land surveying districts certainly are
sufficiently empowered by law to direct as to the progress and locality of surveys,
NEW LAWS REQUISITE AND CLASSIFICATION. 549
with an eye to the best interest of the Government and the wants of the settlers.
They alone, under the direction of the Commissioner of the General Land Office,
should control the surveys in their districts. Under this private deposit system they
do not act, and cannot, upon actual personal knowiedge as to alleged necessities for
Surveys. -
PRIVATE DEPOSIT SYSTEM SURVEYS FOUR-FIFTHS OF THE PUBLIC LANDS.
One-fifth only of all the public land surveys since June 30, 1878, have been done
with public moneys or money appropriated by Congress for the purpose. It is estima-
ted that since that period about four-fifths of the public land surveys have been done
with money deposited by individuals.
For statement of the Commissioner of the General Land Office in his annual report
for 1881 as to the glaring frauds under this law, see page 1242.
CONGRESSIONAL APPROPRIATIONS SUFFICIENT FOR PUBLIC LAND SURVEYS.
To illustrate that the annual appropriations are sufficient for surveys of the public
lands and to keep pace with the needs of the people, the following facts are stated:
The United States owned about 220,000,000 acres of surveyed and unsold lands June 30,
1882, lying and being in the States and Territories where the private deposit system
is most used. During the fiscal year 1883, there were 54,129,400.28 acres of public
lands Surveyed, about four-fifths of it under the private deposit system and the other
fifth under the Congressional appropriation of $400,000. Of this vast area only
19,030,796.89 acres were disposed of, and probably not half of this amount from the
lands surveyed during the year, leaving a balance—provided the disposals were from
the area surveyed during the year—of about 35,000,000 of acres!
TJSELESS SURVEYING OF ARID LANDS.
The great cost of these surveys is the subdivision of townships. Of course almost all
of the public lands will eventually be surveyed, but the barren and desert lands will
have to be sold in such tracts as that only the exteriors of townships or sections will
be surveyed and not subdivided.
SURVEYS UNDER THIS SYSTEM ARE MADE IN ARID AND BARREN REGIONS.
A look at the table of surveys on page 1241, will show that the larger portion of the
surveys under this system are made in arid and barren regions. The surveyors get
the profit of the surveys and the United States the surveyed barren lands.
The amount appropriated by Congress in 1882 was $300,000, in 1883 was $400,000.
These are undoubtedly sufficient considering the character of the remaining settle-
ment lands (mineral surveys are paid for by the applicants) for all actual settlements.
The private deposits were in 1882 $2,013,270.77. This was while the certificates were
assignable and could be used on any of the public lands. In 1883, $1,162,935.58
were deposited with certificates to be used in the district in which the landslie. The
original act confined their use to the townships in which the lands were. sº
CONCLUSIONS.
& DECEMBER 1, 1883.
WHAT LAND LAWS SHOULD BE PASSED.
There should be but one law for the disposition of arable, desert, and pasturage
lands. One law for the disposal of mineral lands. One law for the disposal of timber
lands. Special laws in the past have resulted in depleting the public domain. The
more restrictions placed around the public lands in past legislation, the more fraud and
evasion; the less restrictions, the greater honesty in their acquirement. An amended
homestead act, requiring five years settlement and occupation for title, with a clause
permitting commutation at $1.25 per acre at end of two years, should be the only set-
tlement law. This should, to maintain a family, embrace a sufficient area of arable,
irrigable, or pasturage lands; it should provide for a holding of one hundred and
sixty acres of arable land, and contain also a timber-culture clause.
CLASSIFICATION.
(See page 1161.)
Short and compact laws can be passed embracing four classes of lands, and pro-
viding for their disposition, which will be free from ambiguity and doubt. .
550 LAND LAWS WHICFI SHOULD BE REPEALED.
No settlement or agricultural lands should be sold by the nation for cash.
Mineral lands should embrace all minerals and mineral deposits.
Homestead lands should embrace agricultural, desert, and pasturage lands. A
new law should provide for proper areas for actual settlers under the three several
kinds, with incidental regulations as to irrigation and reclamation. The agricultural
should be given for actual settlement, the pasturage for an acreage, the desert could
be given for reclamation. -
Timber lands—the several grades at several prices.
LAWS WHICH SHOULD BE REPEALED.
The pre-emption act of 1841. (See pages 678 to 682, 1162, and 1163.)
The New Mexico donation act of July 22, 1859. (See statements as to frauds, page
1221.) Useless.
Pre-emption a cash purchase and private entry. (See page 1159.) No public lands
should be sold outright for cash. All such laws should be at once repealed. See pages
206 and 207 for details as to method of, and laws relating to, private entry of public
lands. A proper timber-sale law will do away with the only existing necessity for
public offering and private entry of any public lands.
Saline land act. (See pages 217,696, and 1162.) An obsolete law in many respects.
Saline lands should be included in mineral deposits and a general mining law. They
are now virtually sold as agricultural lands.
Timber-culture laws of March 3, 1873, and March 13, 1874. (See pages 360, 683, 1093,
1162–1164). The homestead act, sec. 2317, Revised Statutes, contains a clause giving
a bounty for planting timber. This can be re-enacted in a new homestead act.
Swamp-land indemnity act. (Pages 219,696, and 1166.) Claims under this should
be closed as soon as possible. The public lands are fast disappearing in the swamp-
land-States, and soon a claim will be made against the nation for cash payment from
the public Treasury forland claimed in indemnity. The operations of selection under
this act have been colored and tainted with constructive, and aided largely by actual
fraud. (See page 221.)
The desert-land act of March 3, 1877 (see pages 363, 689, 1106, 1165), has been of
but little practical use, and is now most useful in aid of fraud. A desert homestead
should be substituted, giving a person the land for reclamation.
THE TIMBER AND STONE ACT.
(See pages 357–9, 684, 1046–1086–1165.)
Its provisions are constantly violated; all entries under it for 1883 have been sus-
pended for fraud. (See page 1165.) A general law for the sale of timber should super-
sede the necessity for this.
Cash 8ales of public lands in the Southern States.
The act of June 22, 1876, throwing open the public lands in the five Southern States
to private entry or cash purchase, should be at once repealed. (Also see page 544.)
The act of March 3, 1883, selling the mineral lands in Alabama as agricultural
lands. (See page 546.)
The private deposit, land survey acts, secs. 2901, 2902, 2403, R. S., United States,
and amendments. (See pages 189, 569, 572, and 547 to 549.) This law should be at
once repealed. Under it the General Land Office does not have what it is supposed
to have, charge and control of the surveys of the public land. An act in aid of fraud.
Scrip. All outstanding scrip and warrants should be redeemed, and cash indem-
nity paid in scrip cases in the future.
LAWS WHICH SHOULD BE CONSOLIDATED OR RETAINED.
The homestead acts. (See pages 683, 1023, 1162, and 1163.) The six existing home-
stead acts should be consolidated into one actual-settlement law, with requirement
of residence and settlement for two and five years, and should apply to all agricult-
ural lands.
3UAND LAWS WHICH SHOULD BE ENACTED. 551
A desert of arid land homestead could be embraced in this—of say, 640 acres—in
lieu of desert-land act.
Pasturage lands could be disposed of under this act as well. "
Mining land laws. All acts (see page 1162) should be consolidated. This would in-
clude the timber and stone act proper and the coal-land act of March 3, 1866.
The town site, lot, and county-seat acts should be retained. They are serviceable
and useful. Except in Utah no undue stretch of the provisions of these laws has
occurred.
LAWS WHICH SHOULD BE PASSED AS SOON AS IS POSSIBLE.
A law settling the status of lapsed and unused railroad land grants. (See page 1264.)
A law permitting the several States and Territories in which they lie to tax the
lands granted rail and wagon roads, as soon as listed by the United States as
“granted.” . A duplicate of the list of lands assigned to railroads under grants could be
sent by the General Land Office to the governors of the States or Territories in which
they lie for listing and taxation. (See page 1265.)
A law to settle and adjust all private land claims. (See pages 547.)
A law for the sale or other disposition of the timber lands. The timber in alternate
sections, or, with or without the fee. In any event a radical change in existing tim-
ber-land laws. (See page 542,
A law fixing the time definitely at which the United States parts title to its lands,
purchased or obtained under the disposition or settlement laws, whether at the time
the register issues his certificate at the district land office, as he does in all cases for
patent, or when the patent issues at the General Land Office at Washington, which
in some cases has not yet been done (owing to inadequate clerical force in the Gen.
eral Land Office) for twenty-five years past. (See page 537.)
Indian reservations.—The settlement of the question as to whether lands are to be
given the Indians for settlement. It is immaterial for this purpose whether they are
to be allotted to the individual or the tribe. The area is the question. It is probable
that almost two-thirds of the area at present embraced in Indian reservations will
be thrown into the public domain for settlement or disposition. The remainder,
above the wants of the Indians, should be taken by the nation, say at $1.25 per acre,
and a trust fund created with the proceeds. The interest, payable four times a year,
will be ample, coupled with the results of their own labor, to maintain the Indians.
An Army officer could disburse it, and the Indians be at once removed from the need
of annual legislation. (See page 1253.) -
In all lands hereafter sold there should be reserved an easement to the public for
highways. This will prevent the holding of water fronts on streams by individuals
to the exclusion of settlers in the rear. Such easement will also permit parties own-
ing back lands to get out timber.
The General Land Office should be placed, as an Executive office, on a different
basis from now. (See page 1222, 1225, and 1230.)
A building should be erected for the use of the General Land Office wherein the
records can be safely stored, and the attaches have a chance for comfort and health.
(See page 1222 and 1230.)
The Commissioner should be better paid, and relieved of much mere routine work.
(See page 1223.) - -
An Assistant Commissioner should be provided. (See page 1223.)
The chiefs of division should be better paid. (See page 1224.) -
The clerical force should be increased and better compensated, to the end that the
arrears of business can be brought up. Swamp-land indemnity and railroad land-
grant acts could then be executed. (See page 1224.)
The statistics of the land service should be brought up, and some accuracy at least
approximated. (See page 1219.) -
The present enormous number of forms in use in the land service can and should
be reduced by the repeal of useless and worthless laws, and by the consolidation of
useful ones. (See page 538.)
The repeal of laws requiring a force of special timber agents covering the coun-
try to prevent fraud, a force always objectionable in a republic and believed to be
against the spirit of personal liberty; no law relating to the public lands should be
; ºring such service. New and wise laws will do away with the necessity
Or tillS forC6,
552 ADMINISTRATION OF THE LAND SERVICE.
ADMINISTRATION OF THE LAND SERVICE.
[See chapter.VI, pages 164, 165 and 1230.]
FROM JUNE 30, 1880, TO JUNE 30, 1883.
Whence Date of . te
Name. appointed. commission. Administration.
- SECRETARIES OF THE INTERIOR.
Samuel J. Kirkwood ----------------------.
Iowa - - - - -] March 8, # Garfield and Arthur.
Henry M. Teller --------------------------- Colorado...| April 8, 1882| Arthur.
ASSISTANT SECRETARIES OF THE INTERIOR.
Alonzo Bell -------------------------------- New York. April 9, 1877| Schurz, Kirkwood, and Teller.
Merritt L. Joslyn -------------------------- Illinois....| Aug. 1, 1882. Teller.
CHIEF CLERK OF THE INTERIOR DEPART-
MENT.
George M. Lockwood---------------------- New York. April 10, 1877| Schurz, Kirkwood, and Teller.
COMMISSIONER OF THE GENERAL LAND
OFFICE.
Noah C. McFarland *------------------...---- Eansas... - June 17, 1881 | Garfield.
CHIEF CLERK OF THE GENERAL LAND OFFICE.
Luther Harrison? -------------------------- Pa--------- Sept. 20, 1882| Arthur.
* See page 166. Office in Interior Department, F street between Seventh and Ninth streets, Wash-
ington, D. C. Residence, No. 1326 I street N. W., Washington, D. C.
f Residence, No. 612 Massachusetts avenue N. W., Washington, D. C.
ADMINISTRATIVE STAFF OF THE GENERAL LAND OFFICE, JUNE 30, 1883.
Law Clerk.-Harry C. St. John, 518 Tenth street N. W., Washington, D.C.
Recorder.—Seth W. Clark, 1416 Corcoran street N. W., Washington, D. C.
Principal Clerk of Public Lands.—M. E. N. Howell, 809 E street N. W., Washington,
D. C.
Principal Clerk of Private Land Claim8.—William H. Walker, 1840 Vermont avenue,
Washington, D. C. º
Principal Clerk of Surveys.-O. Hinrichs, Washington, D. C. -
pºroad Division.—Chief, J. Dempster Smith, 1838 Vermont avenue, Washington,
'Pre-emption Division.—Chief, Henry Howes, 127 Indiana avenue, Washington, D. C.
* º Division.—Chief, Sardis L. Crissey, 1307 Second street N. W., Wash-
ington, D. C.
Accounts Division.—Chief, J. W. Donnelley, 901 T street N.W., Washington, D. C.
Mineral Division.—Chief, J. Tyssowski, Washington, D. C.
D Tºur Depredations.—Chief, A. G. McKenzie, 1120 Sixth street N. W., Washington.
Principal Draftsman.-G. P. Strum, 1438 Pierce Place, Washington, D. C.
pºsiting Clerk.-G. N. Whittington, 1004 Twenty-sixth street N. W., Washington,
ADMINISTRATION OF THE LAND SERVICE.
553
PATENTS ISSUED FOR AGRICULTURAL PURPOSES,
[See page 168.]
TOTAL TO JUNE 30, 1882.

Patents issued. *...* | 1878. 1879. 1880. 1881. 1882. | Total.
For cash sales------------------------ 2,021, 356 2,998 || 4,209 || 6,498 || 9,018 22,336 2,066,315
For homestead entries---------...---. 103,149 || 13,418 12,702 || 15,781 || 14,669 20, 006 179,725
For agricultural college scrip......... 50, 479 123 91 74 11 50,926
For Sioux half-breed scrip........... 3, 517 12 3 11 -------- 25 3,568
For Chippewa half-breed scrip ------. 1, 209 ||-------- 84 1-------- 19 21 1,283
For Choctaw Scrip, &c.----...-- • * * - - - 2,722 ||-------. 1 -------- 1 -------- 2,724
For surveyor-generals' certificates.... 2,732 --------|--------|-------- 95 206 3,033
For military bounty-land warrants... 550, 621 419 855 | 1,037 866 628 554,426
TJnder military acts 1790, 1791, 1801, 0,000 --------|--------| 4 |--------|-------- 50, 004
and 1812.
IFor town sites.-----------------------|------------|--------|-------- 15 11 14 40
Locations with Cole's Scrip-----------|------------|--------|--------|-------. 22 -------- 22
Locations with Supreme Court scrip-ſ------------|--------|--------|-------. 1,822 499 2,321
Locations with Porterfield Scrip.-----|------------|--------|--------|--------|--------| 11 11
Locations with Valentine scrip-------|------------|--------|--------|--------|-------- 3 3
Virginia military Surveys in Ohio----|------------|--------|---. .--|-------- 7 -------- 7
Total.-------------------------- 2,785,785 16,970 17,895 23,420 26,641 || 43,697 || 2,914,408
M.—DIVISION OF ACCOUNTS,
[See page 170.]
The division of accounts has the adjustment and auditing of all accounts pertaining
to public lands, and the examination and docketing of all returns from the local land
offices.
DIVISION N.
Salaries of officers and employés of General Land Office June 30, 1883.
[See page 170.]
1 commissioner, at $4,000 ------------------------------------------------ $4,000
1 chief clerk, at $2,000 -------------------------------------------------- 2,000
1 recorder, at $2,000----------------------------------------------------- 2,000
1 law clerk, at $2,000.--------------------------------------------------- 2,000
3 inspectors, at $2,000 --------------------------------------------------- 6,000
1 principal clerk of surveys, at $1,800------------------------------------ 1,800
1 principal clerk of public lands at $1,800-------------------------------- 1,800
1 principal clerk of private land claims, at $1,800------------------------- 1,800
32 clerks of class 4, at $1,800---------------------------------------------- 57,600
43 clerks of class 3, at $1,600---------------------------------------------- 68,800
54 clerks of class 2, at $1,400---------------------------------------------- 75,600
55 clerks of class 1, at $1,200.--------------------------------------------- 66,000
27 clerks, at $1,000 ------------------------------------------------------- 27,000
54 copyists, at $900.---------------------------------------- • - - - - - - - - - - - - - 48,600
8 assistant messengers, at $720. ------------------------------------------ 5,760
6 packers, at $720 ------------------------------------------------------- 4,320
12 laborers, at $660------------------------------------------------------- 7,920
301 383,000
Total employés, 301, at an annual total compensation of three hundred and eighty-
three thousand dollars.
©
554
ADMINISTRATION OF THE LAND SERVICE.
General Land Office.
LIST OF SURVEYORS-GENERAL.
Appointed by the President, confirmed by the Senate, and give a bond for the faith-
ful performance of official duties during their four year term. Receive a fixed annual
compensation, as below stated, reside in their surveying districts and conduct the
surveys of the public lands, under direction and approval of the Commissioner of the
For details of their duties and citations of laws relating thereto,
see page 182 herein, and also “Manual of Instructions as to survey of public lands,”
printed herein in addenda to Chapter VII, wherein the sections of the Statutes of the
United States governing surveyors-general are given in full. Page 579.
[Also see page 172.]
List of surveying districts where surveys are now in progress, mamé8 of surveyors general,
with their compensation and location of offices, June 30, 1883.
$4 $4 r-f 5–
3 33&
ãº. #if:
sº cº ..? ºC)
s: g; #3
District. Name of surveyor general. Location of offices. # # # 'g §
& a Ps
3 # ā’s tº
ſº: C # §
§ ####
O Ö
Per annum. | Per amnwm.
Arizona --------- Joseph W. Robbins------- Tucson, Ariz ------------- $3,000 00 $2,500 00
California ------. m. H. Brown ----------- San Francisco, Cal.------- 3,000 00 2,750 00
Colorado--------- Norman H. Meldrum ----. Denver, Colo. -------- * * * * * 3,000 00 2,500 00
Dakota ---------. Cortez Fessenden.--------- Yankton, Dak --------- gº tº ſº. 2,000 00 2,000 00
Florida ---------- Malachi Martin.---------. Tallahassee, Fla..... * * * gº tº sº 2,000 00 1,800 00
Idaho------------ Wm. P. Chandler ...------- Boise City, Idaho..... tº ſº tº s 3,000 00 2,500 00
Touisiana-------. James Lewis-------------- New Orleans, La. --...----- 2,000 00 1,800 00
Minnesota ------. Martin S. Chandler....... Saint Paul, Minn --------. 2,000 00 2,000 00
Montana.-------. John S. Harris.----------- Helena, Mont------------- 3,000 00 2,500 00
Nebraska -------- Chris'er C. Powning ...... Plattsmouth, Nebr. ------ 3,000 00 2,500 00
Nevada.--------. D. W. Stephenson...... --. Reno, Nev---------------- 2,000 00 2,000 00
New Mexico - - - - - H. M. Atkinson ---------. Santa Fé, N. Mex -------- 3,000 00 2,500 00
Oregon ---------. James Tolman------------ Portland, Oreg------------ - 2,500 00 2,500 00
Utah ------------ Fred. Salomon -----------. Salt Lake City, Utah ----. 3,000 00 2,500 00
Washington ..... Wm. McMicken ----------| Olympia, Wash.---------. 2,500 00 2,500 00
Wyoming. ------. Edward C. David. --...... Cheyenne, Wyo ---------. 3,000 00 2,500 00
* See R.S., sections 2208, 2209, 2210.
States from May 10, 1800, to June 30, 1883, by States and
f See U. S. Stats.,
LOCAL OR DISTRICT LAND OFFICES.
[See page 173 to 176 inclusive.]
Corrections and additions to list of local land offices (in all 272) under the laws of the United
vol. 21, p. 410.
erritories, with date of estab-
lishment and discontinuance.
When established.
State or Territory. Location. Removed or discontinued.
Arizona -------------------- Tucson ----------- July 12, 1881---------. From Florence.
Ex, order -------------
Colorado ------------------- Durango.--------. October 20, 1882.......
Gunnison - - - - - - - - - October 20, 1882.......
Dakota.-------------------- Aberdeen.-------. March 3, 1883 .........
Huron ------------ March 3, 1883. --...--.
Creelsburgh -----. March 3, 1883. --...--.
Watertown ....... April 11, 1879. -------. From Springfield.
BX, order------------ © s
Idaho----------------------- iley------------ January 24, 1883 ......
Kansas--------------------- Oberlin ----------. March 21, 1881. ------.
Montana ------------------- Bozeman. --...----- J§. ; º es nº gº tº ºn tº gº
e :- Ctober 9, 1880.......
Miles City ---...--. : April 30, 1880.----...--
Nebraska------------ g = * * * * * McCook.------...--- June 19, 1882---------.
Neligh.----------- June 28, 1881---------- ---
Valentine. -------- June 19, 1882.--------- ~~,
New Mexico --------------- Las Cruces ------. April 25, 1883 --------. From La Mesilla.
Ex. order -------------
Kansas--------------------- Garden City ------ May 21, 1883 ---------.
Washington.--------------- Spokane Falls ----| June 23, 1883---------- From Colfax.
ADMINISTRATION OF THE LAND
555
SERVICE.
* EXISTING UNITED STATES DISTRICT OR LOCAL LAND OFF1CES.
List of United States local land offices (105 in number) and names of officers, June 30, 1883.
*m-
State or Territory. Name of office. Name of register. Name of receiver.
Alabama --------------- Huntsville---------...--- John M. Cross.--------. Wm. BI. Tancré.
Montgomery------------ Thomas J. Scott ........ Harvey A. Wilson
Arizona ---------------- Prescott ---------------- Thomas Wing .--------- Alex. W. DeLong.
Tucson ----------------- Henry Cousins.--------- Benj. M. Thomas.
Arkansas. -------------- Camden ----------------. Samuel W. Mallory ....| Alfred A. Tufts.
Dardanelle....... e = * * * * * Thomas M. Gibson.----- Zenas L. Wise.
Harrison.--------------. John Murphy ---------. A. C. Phillips,
Little Rock------------- Mifflin W. Gibbs..... --. Charles E. Kelsey.
California -------------. odie ------------------- Edward R. Cleveland ... Henry Z. Osborne.
Humboldt -------------- Charles F. Roberts ---- | Solomon Cooper.
Los Angeles ------------ Charles R. Johnson.... J. W. Haverstick,
Marysville-------------- John C. Bradley ........ Thos. J. Sherwood.
Sacramento ------------. Edward F. Taylor ... --. Henry O. Beatty.
San Francisco.---------. William R. Wheaton....] C. H. Chamberlain.
Shasta ------------------ John W. Gardner....... Adolph Dobrowsky.
Stockton. --------------- G. A. McKenzie ...... -- Otis Perrin.
Susanville -------------. Brank H. Merrill ....... E. G. Ward.
isalia------------------ Jeremiah D. Hyde - - - - - - †: n Lindsey.
Colorado --------------- Central City ------------ Richard Harvey. ------- E. W. Henderson.
Del Norte -------------. John Cleghorn, jr.----. C. A. Brastow.
Denver City ------------ Louis Dugal ------------ W. C. Willitts.
Durango.---------------- Daniel L. Sheets ........ Willard S. Hickox.
Gunnison --------------. John J. Thomas ........ Frederick J. Leonard.
Leadville ---------. ---- Septimus J. Hanna. ---. Edward L. Salisbury.
Lake City ------ ------. Henry C. Olney -------. C. D. Peck.
Pueblo ----------------- Mark L. Blunt ---------. Michael EI. Fitch.
Dakota -----------------| Aberdeen -------------.. S. W. Dunscombe ...----- Buell E. Hutchinson.
Creelsburgh ------------ H. W. Lord ------------- A. O. Whipple.
Bismarck--------------. John A. Rea. ------------ Wm. EI. Francis.
Deadwood -------------. James P. Luse ---...----- Edward P. Champlin.
Fargo ------------------. Horace Austin. -- ------ E. C. Geary.
Grand Forks ........... Byram C. Tiffany....... Wm. J. Anderson.
Huron ------------------ Geo. B. Anthony. --...--. Robert Lowry.
Mitchell ---------------- William Letcher ...----. Hiram Barber, jr.
Watertown ------------- Charles G. Williams .... H. R. Pease.
Yankton-......---------| Gustavus A. Wetter ----| Joseph G. Chandler.
Florida ----------------. Gainesville ------------- Louis A. Barnes -------. John F. Rollins.
Idaho ------------------ Boise City ...... • gº a s tº e º º David P. R. Pride....... Malachi Krebs.
Hailey ------------------ Homer L. Pound.------- J. S. Waters.
Lewiston --------------- Jonathan M. Howe - - - - - Martin H. Smith.
Oxford. ----------------- Aug. Duddenhausen ....] A. W. Eaton.
Iowa ------------------- Des Moines.------------ Felix G. Clarke ......... Henry H. Griffiths.
Kansas ----------------- Concordia -------------. S. H. Dodge ------------ Evan J. Jenkins.
Independence ---------. Melville J. Salter ...... Henry M. Waters.
Kirwin ----------------- John Bissell ------------ Robert R. Hayes.
Larned ----------------- Charles A. Morris ...... Henry Booth.
Oberlin ----------------- A. L. Patchen----------- C. E. Chandler.
Salina ------------------ John M. Hodge. --...--. Harper S. Cunningham.
Topeka ----------------- John J. Fisher.--------- John Q. A. Peyton.
Wa-Keeney------------. B. J. F. Hanna----------. Wm. H. Pilkenton.
Wichita ---------------- Richard L. Walker ..... James L. Dyer.
Louisiana -------------- Natchitoches ...-------. Louis Dupleix. --------. Alexis E. Lemee.
New Orleans....... ----. Chester B. Darrall ...... Morris Marks.
Michigan --------------. Detroit --------------- . Adam E. Bloom...... --. Lyman G. Willcox.
East Saginaw ---------. Charles Doughty ...----- George B. Brooks.
Marquette---------...--. Varnum B. Cochran - - -. Jas. M. Wilkinson.
Reed City -------------. Edward Stevenson...... Wm. H. C. Mitchell.
Minnesota.------------. Benson ---------------.. T}arwin S. Hall.......... Heman W. Stone.
Crookston -------------. John Cromp ------...----- Paul C. Stetten.
Duluth ----------------. John R. Carey ---------. W. W. Spalding.
Fergus Falls.-----------| Bermt M. Johnson ------ John H. Allen.
Redwood Falls.--------- W. P. Dunnington ...... Wm. B. Herriott.
St. Cloud --------------. Daniel H. Freeman...... Wm. B. Mitchell.
Taylor's Falls---------. . . John P. Owens---------. Geo. B. Folsom.
Tracy------------------. Chas. B. Tyler ---------- John Lind.
Worthington ---------.. Mons. Grimager.... ----. C. H. Smith.
Mississippi.------------ Jackson ---------------- Richard C. Kerr........ John T. Hull.
Missouri--------------- Boonville --------------. Gustave Reiche-........ Patrick H. McNulty.
Ironton ----------------. George A. Moser........ G. H. Crumb.
Springfield ------------. Geo. A. C. Woolley...... James Dumars.
Montana --------------- Bozeman . -------------. Davis Willson .......... John T. Carlin. .
Helena ------------. ---. Francis Adkinson ------ Ellis Ballou.
Miles City -------------- Edward A. Kreidler ....] C. H. Gould.
* Salaries of registers and receivers, $500 per annum, with fees and commissions as prescribed by
law; the total of salary, fees, and commissions not to exceed $3,000 per annum.
556 ADMINISTRATION OF THE LAND SERVICE.
List of United States local land offices, &c.—Continued.
State or Territory. Name of office. Name of register. Name of receiver.
Nebraska -------------. Beatrice ---------------- Hiram W. Parker------- W. H. Somers.
Bloomington.-----------. Simon W. Switzer .----. R.W. Montgomery.
Grand Island ----------. C. Hostetter ------------ William Anyan.
Lincoln ----------------- Chas. H. Pierce --------. Iſenry D. Root.
McCook ---------------- Gilbert L. Laws--------. Charles F. Babcock.
Niobrara. -----------‘.... Benj. F. Chambers ------ Sanford Parker.
Neligh------------------ Edward S. Butler ------ Wm. B. Lambert.
North Platte.----------. Alex. D. Buckworth ....] John Taffe.
Valentine--------------. James Morris.---------. J. Weslev Tucker.
Nevada.---------------. Carson City ------------ C. A. Witherell -------. Samuel C. Wright.
Eureka ----------------. F. H. Hinckley. --------- §. Carpenter.
New Mexico.---------.. Las Cruces ------------. Geo. D. Bowman -------. Samuel W. Sherfey.
Santa Fé---------------- Max Frost.------------- Wrm. H. Bailhache.
Oregon.---------------- Le Grand--------------- Henry W. Dwight ------ Geo. B. Curry.
Lake View ------------. James H. Evans -------- Jerome Knox.
Qregon City ------------ Louis T. Barin ---------. John G. Pilsbury.
Roseburg --------------. Wm. F. Benjamin ------ James C. Fullerton.
The Dalles -----...----. Laban Coffin.----------- C. N. Thornbury.
Utah ------------------- Salt Lake City---------. H. McMaster ----------- Moses M. Bane.
Washington.-----------. Colfax------------------ James M. Armstrong. ... John W. Wilson.
Olympia---------------. John F. Gowey - - - - - - - - Robt. G. Stuart.
Vancouver ------------. Fred. W. Sparling. ----. Albert O. Marsh.
Walla Walla------------ Jos. Jorgensen.--------- Thos. H. Rooney.
Yakima ---------------. R. B. Kinne -----------. James M. Adams.
Wisconsin ------------. Bayfield ---------------- Albert K. Osborne. ----- Isaac H. Wing. -
Eau Claire.------------. Alex. Meggett---------. Vincent W. Bayliss.
Falls of St. Croix ------ Michael Field.---------. Joel F. Nason.
La Crosse -------------- Fred. A. Husher - - - - - - - - John Ulrich.
Menasha---------------. George W. Fay.-------. James H. Jones.
e | Wausau. --------------. Stephen H. Alban ...... Everett B. Sanders.
Wyoming -------------. Cheyenne City.--------. Edgar W. Mann - - - - - - - - Wm. M. Garvey.
Evanston. -------------. C. H. Priest ----------.. E. S. Crocker.
REGISTERS AND RECEIVERS.
APPOINTMENT OF–FEES AND COMMISSIONS ALLOWED, AND DUTIES OF-THE LAWS
RELATIVE THERETO.
[Revised Statutes.]
SECTION 2234. There shall be appointed by the President, by and with the advice
Appointment of resisters and consent of the Senate, a register of the land-office and a re-
and receivers. ... ceiver of public moneys, for each land-district established by
See all acts establishing law. - -
land-districts. t
SEC. 2235. Every register and receiver shall reside at the place where the land-office
Residence of resister and, for which he is appointed is directed by law to be kept.
"sººn acts establishins
land-districts. -
SEC, 2236. Every register and receiver shall, before entering on the duties of his
office, give bond in the penal sum of ten thousand dollars, with
e...' * * * * approved security, for the faithful discharge of his trust.
10 May, 1800, c. 55, ss, 1,6,
v. 2, pp. 73, 75. 3 March,
1853, c. 145, s. 5, v. 10, p. 245.
SEC. 2237. Every register and receiver shall be allowed an annual salary of five
hundred dollars. y - •
Salaries of register and re-
Geiver.
30 May, 1862, c. 86, s. 6, v.
12, p. 409. 20 April, 1818, c.
123, v. 3, p. 466. .
SEC, 2238, Registers and receivers, in addition to their salaries, shall be allowed
e - each the following fees and commissions, namely:
Fees and commissions of - ?
*:::: º; 12 First. A fee of one dollar for each declaratory statement filed,
t-, y * y º ; we º º - - e º
5..."; *...*#): and for services in acting on pre-emption claims.
38, s. 4, v. 13, p. 35.
Second. A commission of one per centum on all moneys received at each receiver's
20 April, 1818, c. 123, v. 3, office.
p. 466.
ADMINSTRATION OF THE LAND SERVICE. 557
Third. A commission to be paid by the homestead applicant, at the time of entry,
of one per centum on the cash price, as fixed by law, of the land 21 Mara, iss, , as
applied for; and a like commission when the claim is finally estab- Y. 3, p. 3, 20 May, *::::
lished, and the certificate therefor issued as the basis of a patent. §º. **ś
P. wº
Fourth. The same commission on lands entered under any law to encourage the
growth of timber on western prairies, as allowed when the like aware, is a sºn, , ,
quantity of land is entered with money. .*.*.*, *
Fifth. For locating military bounty-land warrants issued since the eleventh day of
February, eighteen hundred and forty-seven, and for locating 22 March, isº, c. 16.2
agricultural college land-scrip, the same commission to be paid by y.º.o. º. i. 3 July, isãº, c.
the holder or assignee of each warrant or scrip, as is allowed for * * * * * * *
sales of the public lands for cash, at the rate of one dollar and twenty-five cents per
3.CI’0.
Sixth. A fee, in donation cases, of five dollars for each final certificate for one hun-
dred and sixty acres of land; ten dollars for three hundred and ap Mºy iss, ess... g.,
twenty acres; and fifteen dollars for six hundred and forty acres. 12.*.*.******
Seventh. In the location of lands by States and corporations under grants from
Congress for railroads and other purposes, (except for agricultural 1 July, 1864, c. 196, s. 1, v.
colleges,) a fee of one dollar for each final location of one hundred 13, p. 44".
and sixty acres; to be paid by the State or corporation making such location.
Eighth. A fee of five dollars per diem for superintending public-land sales at their
respective offices; [and to each receiver, mileage in going to and 24 April, 1820, c. 51, s. 5, v.
returning from depositing the public moneys received by him. J* 3, p. 567.
Ninth. A fee of five dollars for filing and acting upon each application for patent or
adverse claim filed for mineral lands, to be paid by the respective 10 May, 1872, c. 152, s. 12,
parties. v. 17, p. 95.
Tenth. Registers and receivers are allowed, jointly, at the rate of fifteen cents per
hundred words for testimony reduced by them to writing for claim- 21 March, 1864, c. 38, s. 4,
ants, in establishing pre-emption and homestead rights. v. 13, p. 35.
Eleventh. A like fee as provided in the preceding subdivision when such writing
i. ºne in the land-office, in establishing claims for mineral 10 May, 1872, c. 152, s. 12,
all 01S. v. 17, p. 95.
Twelfth. Registers and receivers in California, Oregon, Washington, Nevada, Colo-
rado, Idaho, New Mexico, Arizona, Utah, Wyoming, and Mon- 21 March, iss, e as, e.g.
tana, are each entitled to collect and receive fifty per centum on v.is. 36, and several agº
the fees and commissions provided for in the first, third, and tenth #."; *...
Subdivisions of this section. tana.
SEC. 2239. The register for any consolidated land-district, in addition to the fees
now allowed by law, shall be entitled to charge and receive for -
making transcripts for individuals, or furnishing any other record ºf: ; ;...".
information respecting public lands or land-titles in his consoli- office;
tº g : * . & • 1,
dated land-district, such fees as are properly authorized by the 3.” tº 38, ss
tariff existing in the local courts of his district; and the receiver *
shall receive his equal share of such fees, and it shall be his duty to aid the register
in the preparation of the transcripts, or giving the desired record information.
SEc. 2240. The compensation of registers and receivers, including salary, fees, and
commissions, shall in no case exceed in the aggregate three thou- Maximum of compensation
sand dollars a year, each; and no register or receiver shall receive for fº.º.º. 6
for any one quarter or fractional quarter more than a pro-rata al- ...*.*.*.*.*śī;
lowan & g c. 123, v. 3, p. 466. 26 May,
ce of such maximum isé2, c. 75's 6, v. 12, p.393.
30 May, 1862, c. 86, s. 6, v.
12, p. 409. 1 July, 1864, c.
196, s. 1, v. 13, p. 335. 32
March, 1852, c. 19, s. 3, v.10,
7, v. 12, p. 505. 2 Feb., 1859,
c. 19, v. 11, p. 378. 18 Feb.,
1861, c. 38, ss, 1,3,...Y. 12, P.
131.-U. S. £75. Babbit, 1 BL,
55.
SEC. 2241. Whenever the amount of compensation received at any land-office ex-
eeeds the maximum allowed by law to any register or receiver, the Excess of compensation to
excess shall be paid into the Treasury, as other public moneys. **.*.*.*.*, *. 1
- 3. y Cs y
y.º.º.” § 1861,
C, 38, S8, 1, 3, V, 12, Ps 31.
* Part in brackets repealed. Annual expenses only allowed. Act June 16, 1874.
Stats., vol. 18, p. 72. -
558 ADMINISTRATION OF THE LAND SERVICE.
SEC. 2242. No register or receiver shall receive any compensation out of the Treas-
Ille º ury for past services who has charged or received illegal fees; and
gal fees: Penalty. †. s º f y
3. March iss㺠ig, s. 3, on satisfactory proof that either of such officers has charged or re-
gº i.'; * * ceived fees or other rewards not authorized by law, he shall be
forthwith removed from office. *
SEC. 2243. The compensation of registers and receivers, both for salary and commis-
compensation of registers Sions, shall commence and be calculated from the time they, re-
.* when to com spectively, enter on the discharge of their duties.
24 Feb., 1855, c. 124, s. 3,
v. 10, p. 615.
SEC. 2244. All registers and receivers shall be appointed for the term of four years,
Duration of office of regis. but shall be removable at pleasure.
“tºº loº, , ,
v. 3, p. 582.
SEC, 224.5. The receivers shall make to the Secretary of the Treasury monthly re-
Monthly and quarter] turns of the moneys received in their several offices, and pay over
tº..."...” “ such money pursuant to his instructions. And they shall also
sº';* * * * * * make to the Commissioner of the General Land Office like monthly
º ... returns, and transmit to him quarterly accounts-current of the
debits and credits of their several offices with the United States.
SEC, 2246. The register or receiver is authorized, and it shall be their duty, to
Oaths administered administer any oath required by law or the instructions of the
i....” “ General Land-Office, in connection with the entry or purchase of
.#" is", * * * * any tract of the public lands; but he shall not charge or receive,
th directly or indirectly, any compensation for administering such
08.151.
SEC. 2247. If any person applies to any register to enter any land whatever, and the
f * register knowingly and falsely informs the person so applying that
tº...” ”, the same has already been entered, and refuses to permit the per-
..º.º. c. *, * 18 son so applying to enter the same, such register shall be liable
• O, P, i.12. therefor to the person so applying, for $5 for each acre of land
which the person so applying offered to enter, to be recovered by action of debt in any
court of record having jurisdiction of the amount.
º %. , * º * * {}
DEPARTMENTAL REGULATIONS.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D.C., October 1, 1880.
It is the duty of the registers and receivers to be in attendance at their offices, and
give proper facilities and information to persons applying for lands.
Within three days from the close of each month they are required to make out and
transmit to the General Land Office a statement of the business of their respective
offices for the preceding month.
These reports are in the form of abstracts of pre-emption declarations and of soldiers’
declarations filed, abstracts of lands sold, abstracts of homesteads entered, abstracts
of timber culture entries allowed, abstracts of military bounty land warrants and of
agricultural college scrip located, accompanied by the certificates of purchase, receiv-
ers' receipts, homestead and timber culture applications and affidavits, military bounty
land warrants and agricultural college scrip surrendered as satisfied, and the certifi-
cates of location thereof. Names of parties must be clearly and legibly written in
these papers to correspond with the signature to every application; and when spelled
in two or more ways, or illegibly written by the person signing, the register must
ascertain by proper inquiry the correct orthography and certify to the same upon the
margin of the certificate. -
The abstracts, after being carefully examined by the register and receiver, are to be
certified by them as correct and as in conformity with the papers in the entries or lo-
cations embraced therein and with their records, which papers, abstracts, and records
must agree with each other. -
The receiver is required also to render promptly a monthly account of all moneys re-
ceived, showing the balance due the Government at the close of each month.
At the end of every quarter he must also transmit a quarterly account as receiver;
upon the several accounts an adjustment is here made, and submitted to the Treasury
Department for final settlement.
He must also render a quarterly disbursing account of all moneys expended.
He is required to deposit the moneys received by him at some depository designated
by the Secretary of the Treasury, when the amount on hand shall have reached the
sum of one thousand dollars; and in no case is he authorized, without special instruc-
tions, to hold a larger amount in his hands.
ADMINISTRATION OF THE LAND SERVICE. 559
Registers and receivers of the land offices are not authorized by law to make any
charges for their services in accepting or entering pre-emption or homestead, claims,
other than such as are herein set forth. By section 2242 of the Revised Statutes it is,
among other things, provided that upon satisfactory proof that either of said officers
has charged or received fees or other rewards not authorized by law, he shall forth-
with be removed from office. To them, their official clerks and employés, and to those
intimately and confidentially related to them, or their official clerks and employés, it
is forbidden to make entries of public lands at the district offices with which they are
respectively connected.
J. A. WILLIAMSON,
Commissioner of the General Land Office.
* # # * # º #
NotE.—See also circular of July 20, 1883, in relation to fees of registers and receivers
for reducing testimony to writing. -
PULES OF PRACTICE IN CASES BEFORE THE UNITED STATES DISTRICT
LAND OFFICES, THE GENERAL LAND OFFICE, AND THE DEPARTMENT
OF THE INTERIOR. *
APPROVED DECEMBER 20, 1880. IN EFFECT DECEMBER 1, 1883.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., November 26, 1880.
SIR: In compliance with your direction of the 22d of September last, I have the
honor to submit here with, for your consideration and approval, a revised draft of the
Rules of Practice in cases before the district land officers, the General Land Office,
and Department of the Interior, embracing such modifications and additional rules
as the experience of this office has suggested for the good of the practice and the
public service; the whole being arranged in a new form by topics, and the consecu-
tive numbering of paragraphs, with a view to greater clearness and cunvenience.
I am, sir, very respectfully, your obedient servant,
J. A. WILLIAMSON,
Commissioner.
Hon. C. SCHURz,
Secretary of the Interior.
DEPARTMENT OF THE INTERIOR,
Washington, December 20, 1880.
SIR : I herewith return with my approval the draft of the revised Rules of Practice
in land cases received with your letter of November 26, 1880.
Very respectfully,
C. SCHURZ,
Secretary.
The COMMISSIONER OF THE GENERAL LAND OFFICE.
INDEX TO RULES OF PRA. OTIOE.
Page
PROCEEDINGS BEFOBE REGISTERS AND RECEIVERS ---...---...----------------------------......... 560
CoNTESTS AND HEARINGS ----------------------------------------------------------------------- 560
Initiation of contests ---------------------------------------------------------------------- 560
Hearings in contested cases.------------------------------- * * * * * * * * * * * * * * * * * * * * * * * * - - - - - - - - 560
Notice of contest -------------------------------------------------------------------------- 550
Service of notice--------------------------------------------------------------------------. 560
Notice by publication.--------------------------------------------------------------------. 560
Proof of service of notice------------------------------------------------------------------ 561
Notice of interlocutory proceedings -----------------------------------------------------.. 561
Rehearings ----------------------------'- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 561
Continuances ------------------------------------------------------------------------------ 561
Depositions • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * is a s a m a. s. as s = e = s = e = * * * * * 561
Trials..... --...--...-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 563.
Appeals. ----------------------------------------------------------------------------------- 563
Reports and opinions ---------------------------------------------------------------------. 564
Taxation of costs -------------------------------------------------------------------------- 564
APPEALS FROM DECISIONS REJECTING APPLICATIONS TO ENTER PUBLIC LANDs .................... 564
PROCEEDINGS BEFORE SURVEYORS-GENERAL. -----------------------------------------------...-. 565
PROCEEDINGS BEFORE THE COMMISSIONER OF THE GENERAL LAND OFFICE AND SECRETARY OF THE
INTERIOR. ------------------------------------------------------------------------------------ 565
Behearings and reviews ------------------------------------------------------------------- 565
Appeals from the commissioner to the Secretary ............... - - - - - - - - - * - - - º º ºs º ºs º ºs e s = e º sº º 565
ATTohnºs -----------------------------------------------------------------------------------. 567
560 ADMINISTRATION OF THE LAND SERVICE.
3.
PROCEEDINGS BEFORE REGISTERS AND RECEIVERS.
I.
CONTESTS AND HEARINGS.
1.—Initiation of contest8.
RULE 1.-Contests may be initiated by a party in interest, or by any other person,
in the following cases:
1. Alleged abandoned homestead entries. (Revised Statutes, sec. 2297.)
2. Alleged abandoned or forfeited timber-culture entries. (20 Stat., 113, sec. 3.)
RULE 2. —In all other cases contests can be initiated only by a party in interest.
RULE 3.-In every case of application for a hearing an affidavit must be filed by the
contestant with the register and receiver, fully setting forth the facts which consti-
tute the grounds of contest.
RULE 4. Where an entry has been allowed and remains of record, the affidavit of
the contestant must be accompanied by the affidavits of one or more witnesses in sup-
port of the allegations made. g
2.—Hearings in contested cases.
RULE 5.—Registers and receivers may order hearings in the following cases wherein
* not been perfected and no certificate has been issued as a basis for patent,
namely:
1. Contests between #. claimants.
2. Contests between homestead and pre-emption claimants.
3. Contests to clear the record of abandoned homestead entries.
4. Contests to clear the record of abandoned or forfeited timber-culture entries.
RULE 6.—In case of an entry or location of record, on which final certificate has
been issued, the hearing will be ordered only by direction of the Commissioner of the
General Land Office. -
RULE 7.—Applications for hearings under the preceding section must be transmitted
by the register and receiver, with special report and recommendation, to the Com-
missioner for his determination and instructions.
3.—Notice of contest.
RULE 8.—At least thirty days' notice shall be given of all hearings before the reg-
ister and receiver, unless, by written consent, an earlier day shall be agreed upon.
RULE 9.—The notice of contest and hearing must conform to the following require-
ments:
1. It must be written or printed.
2. It must be signed by the register and receiver, or by one of them.
3. It must state the time and place of hearing. -
4. It must describe the land involved. •
5. It must state the R. and R. number of the entry, and the land office where, and
the date when made, and the name of the party making the same.
6. It must give the name of the contestant, and briefly state the grounds and pur-
pose of the contest.
7. It may contain any other information pertinent to the contest.
4.—Service of notice.
RULE 10,–Personal service shall be made in all cases when possible, if the party to
be served is resident in the State or Territory in which the land is situated, and shall
consist in the delivery.of a copy of the notice to each person to be served.
RULE 11.-Personal service may be executed by any officer or person.
RULE 12–Notice may be given by publication alone only when it is shown by affi-
davit of the contestant, and by such other evidence as the register and receiver may
require, that personal service cannot be made.
5.—Notice by publication.
RULE 13.—Notice by publication shall be made by advertising the notice at least
once a week for four successive weeks in some newspaper published in the county
ADMINISTRATION OF THE LAND SERVICE. 561
wherein the land in contest lies; and, if no newspaper be published in such county,
then in the newspaper published in the county nearest to such land.
RULE 14.—Where notice is given by publication a copy of the notice shall be mailed
by registered letter to the last known address of each person to be notified, and a like
copy shall be posted in a conspicuous place on the land during the period of publica-
tion for at least two weeks prior to the day set for hearing.
6.—Proof of 8ervice of notice. .
RULE 15.—Proof of personal service shall be the written acknowledgment of the
person served, or the affidavit of the person who served the notice attached thereto,
stating the time, place, and manner of Service. -
RULE 16.—When service is by publication the proof of service shall be a copy of
the advertisement, with the affidavit of the publisher or foreman attached thereto,
showing that the same was successively inserted the requisite number of times and
the date thereof. r
7.—Notice of interlocutory proceedings.
RULE 17.-Notice of interlocutory motions, proceedings, orders, and decisions shall
be in writing, and may be served personally or by registered letter through the mail.
RULE 18,-Proof of service by mail shall be the affidavit of the person who mailed
the notice, attached to the post-office receipt for the registered letter.
8.—Rehearings.
RULE 19.—Orders for rehearing must be brought to the notice of the parties in the
same manner as in case of original proceedings.
9.—Continuances.
RULE 20.—A postponement of a hearing to a day to be fixed by the register and
receiver may be allowed on the day of trial on account of the absence of material wit-
messes, when the party asking for the continuance makes an affidavit befor the regis-
ter and receiver showing— - -
1. That one or more of the witnesses in his behalf is absent without his procure-
ment or consent ;
2. The name and residence of each witness;
3. The facts to which they would testify if present;
4. The materiality of the evidence; - -
à The exercise of proper diligence to procure the attendance of the absent witnesses;
all -
6. That affiant believes said witnesses can be had at the time to which it is sought
to have the trial postponed. - -
RULE, 21.-One continuance only shall be allowed to either party on account of ab-
sent witnesses, unless the party applying for a further continuance shall at the same
time apply for an order to take the depositions of the alleged absent witnesses.
RULE 22.—No continuance shall be granted when the opposite party shall admit
that the witnesses would, if present, testify to the statement set out in the applica-
tion for continuance. -
10,–Depositions.
RULE 23.—Testimony may be taken by deposition in the following cases:
1. Where the witness is unable, from age, infirmity, or sickness, or shall refuse, to
attend the hearing at the local land office. -
2. Where the witness resides more than fifty miles from the place of trial, comput-
ing distance by the usually traveled route.
3. Where the witness resides out of or is about to leave the State or Territory, or is
absent therefrom.
4. Where, from any cause, it is apprehended that the witness may be unable or will
refuse to attend; in which case the deposition will be used only in event tºat the
personal attendance of the witness cannot be obtained. -
RULE 24.—The party desiring to take a deposition under Rule 23 must comply with
the following regulations: -
1. He must make affidavit before the register or receiver setting forth one or more
º: º above-named causes for taking such deposition, and that the witness is ma-
€I’13.1. • *
2. He must file with the register and receiver the interrogatories to be propounded
to the witness. - -
36 L O—VOL. III
562 ADMINISTRATION OF THE LAND SERVICE.
3. He must state the name and residence of the witness. -
4. He must serve a copy of the interrogatories on the opposing party or his attorney.
RULE 25.—The opposing party will be allowed ten days in which to file cross-inter-
rogratories.
RULE 26.—After the expiration of the ten days allowed for filing cross-interrogatories,
a commission to take the deposition shall be issued by the register and receiver, which
commission shall be accompanied by a copy of all the interrogatories filed.
RULE 27.-The register and receiver may designate any officer authorized to admin-
ister oaths within the county or district where the witness resides to take such depo-
sit-on. -
RULE 28.- It is the duty of the officer before whom the deposition is taken to cause
the interrogatories appended to the commission to be written out, and the answers
therefo to be inserted immediately underneath the respective questions; and the whole,
when completed, is to be read over to the witness, and must be by him subscribed and
sworn to in the usual mann, r.
RULE 29.—The officer must attach his certificate to the deposition stating that the
same was subscribed and sworn to by the deponent at the time and place therein men-
tioned. - -
RULE 30.-The deposition and certificate, together with the commission and inter-
rogatories, must then be sealed up, the title of the cause indorsed on the envelope, and
the whole returned by mail or express to the register and receiver. 4.
RULE 31. – Upon receipt of the package at the local land-office, the date when the
same is opened must be indorsed on the envelope and body of the deposition by the
local land-officers.
RULE 32.-If the officer designated to take the deposition has no official seal, a
proper certificate of his official character, under seal, must accompany his return.
RULE 33.−The partles in any case may stipulate in writing to take depositions be-
fore any qualified officer, and in any manner.
RULE 34.—All stipulations by parties or counsel must be in writing, and be filed
with the register and receiver.
RULE 35.—Registers and receivers are not authorized to cite contestants before any
officer other than themselves. •
DEPARTMENT OF THE INTERIOR,
- GENERAL LAND OFFICE,
Washing 'on, D. C., January 3, 1883.
REGISTERS and RECEIVERs, and SURVEYORS-GENERAL:
GENTLEMEN: You are advised of the adoption of the following amendment to the Rules
of Practic. : e
Rul 35 of the Rules of Practice adopted December 20, 1880, is hereby amended to
read as follows: -
RULE 35.
1. In contested cases and hearings ordered by the Commissioner of the General Land
Office, testimony may be taken near the land in controversy before a U.S. commissioner
or other officer authorized to administer oaths at a time and place to be fixed by the
register and receiver, and stated in the notice of hearing.
2. Officers taking testimony under the foregoing rule will be governed by the rules
applicable to trials before registers and receivers. (See Rules 36 to 42, inclusive.)
3. Testimony so taken must be certified to, sealed up, and transmitted by mail or
express to the register and receiver, and the receipt thereof at the local office noted
on th’ papers, in the same manner as provided in case of depositions by Rules 29 to
32, inclusive.
4. On the day set for hearing at the local office the register and receiver will ex-
amine the testimony taken by the officer designated, and render a decision thereon in
the same manner as if the testimony had been taken before themselves. (See Rules
50 to 53, inclusive.) .
5. No charge for examining testimony in such cases will be made by the register
GP TeC6'IV Gr. .
6. Officers designated to take testimony under this rule will be allowed to charge
such fºs as are properly authorized by the tariff of fees existing in the local courts of
their respective districts, to be taxed in the same or equivalent manner as costs are
taxed by registers and receivers under Rules 54 to 58, inclusive.
7. The costs of transcribing cross-examinations will in all cases be taxed to the party
making the cross-examination.
8. Where hearings are ordered by the Commissioner of the General Land Office in
cases to which the United States is a party, continuances will be granted in accord-
ance with the usual practice in Unted States cases in the courts, without requiring an
affidavit on the part the Government.
ADMINISTRATION OF THE LAND SERVICE. 563
9. When an officer designated to take testimony under this rule, or when an officer
designated to take depositions under Rule 27, cannot act on the day fixed for taking
the testimony or deposition, the testimony or deposition, as the case may be, will be
deemed properly taken before any other qualified officer at the same place and time
who may be authorized, by the officer originally designated, or by agreement of par-
ties to act in the place of the officer first named.
Very respectfully,
N. C. McFARLAND,
Commissioner.
Approved, December 28, 1882.
H. M. TELLER,
Secretary.
11. –Trials.
RULE 36.-Upon the trial of a cause the register and receiver may, in any case, and
should in all cases when necessary, personally direct the examination of witnesses in
order to draw from them all the facts within their knowledge requisite to a correct
conclusion by the officers upon any point connected with the case.
RULE 37.—The register and receiver will be careful to reach, if possible, the exact
condition and status of the land involved in any contest, and will ascertain all the
facts having any bearing upon the rights of parties in interest.
RULE 38.-In pre-emption cases they will particularly ascertain the nature, extent,
and value of alleged improvements; by whom made, and when ; the true date of the
settlement of persons claiming as pre-emptors; the steps taken to mark and secure the
. , and the exact status of the land at that date as shown upon the records of their
OTiiC62.
RULE 39.-In like manner, under the homestead and other laws, the conditions
affecting the inception of the alleged right, as well as the subsequent acts of the re-
spective claimants, must be fully and specifically examined.
RULE 40.--Due opportunity will be allowed opposing claimants to confront and
cross examine the witnesses introduced by either party.
RULE 41.-No testimony will be excluded from the record by the register and re.
ceiver on the ground of any objection thereto; but when objection is made to testi-
mony offered, the exceptions will be noted, and the testimony, with the exceptions,
will come up with the case-for the consideration of the Commissioner. .*
*ULE 42.-Upon the day originally set for hearing, and upon any day to which, the
trial may be continued, the testimony of all the witnesses present shall be taken and
reduced to writing.
12.-Appeals.
RULE 43.—Appeals from the action or decisions of registers and receivers lie in
every case to the Commissioner of the General Land Office. (Revised Statutes, sec-
tions 453, 2478.) - * -
RULE 44.—After hearing in a contested case has been had and closed, the register
and receiver will notify the parties in interest of the conclusions to which they have
arrived, and that thirty days are allowed for an appeal from their decision to the
Corri missioner.
RULE 45.-The appeal must be in writing or in print, and should set forth in brief
and clear terms the specific points of exception to the ruling appealed from. gº
RULE 48.—No appeal from the action or decisions of the register and receiver will
be received at the General Land Office unless forwarded through the local officers.
RULE 47.-A failure to appeal from the decision of the local officers will be consid-
ered final as to the facts in the case, and will be disturbed by the Commissioner only
as follows:
1. Where fraud or gross irregularity is suggested on the face of the papers.
2. Where the di cision is contrary to existing laws or regulations.
3. In event of disagreeing decisions by the local officers. *
4. Where if is not shown that the party against whom the decision was rendered
was duly notified of the decision and of his right of appeal. - -
RULE 48.-In any of the foregoing cases the Commissioner will reverse or modify the
decision of the local officers or remand the case, at his discretiºn.
RULE 49.--All documents once meceived by the local officers must be kept on file with
the cases, and the date of filing must be no ed thereon;' and no papers will be allowed
under any circumstances to be removed from the files or taken from the custody of
the register and receiver; but access to the same under proper rules, so as not to *
interfere with necessary pu'lic business. will be permitted to the parties in interest,
or their attorneys, under the supervision of those officers.
564 ADMINISTRATION OF THE LAND SERVICE.
13.-Reports and opinion 8.
RULE 50.—Upon the termination of a contest the register and receiver will render
a joint report and opinion in the case, making full and specific references to the post-
ings and annotations upon their records. -
RULE 51.-In order that all parties to a contest may have full opportunity to examine
the record and prepare their arguments upon the questions at issue, the report of the
register and receiver in such cases will not be forwarded until the expiration of the
thirty days named in the notice for appeal, unless all parties request its earlier
transmission.
RULE 52.-The register and receiver will forward their report, together with the tes-
timony and all the papers in the case, to the Commissioner of the General Land Office,
with a brief letter of transmittal, describing the case by its title, the nature of the
contest, and the tract involved. .
RULE 53.−The local officers will thereafter take no further action affecting the dis-
posal of the land in contest until instructed by the Commissioner.
14.—Taxation of costs.
RULE 54.—Applicants for contest must deposit with the register and receiver a suf-
ficient sum of money to defray the cost of the proceedings. -
RULE 55.-Registers and receivers are not required to make advances from their
own funds, nor to incur individual liabilities, for the expense of hearings.
RULE 56.--When testimony is taken by deposition the party in whose behalf the
same is taken must pay the costs thereof. -
RULE 57.—Parties contesting the validity of homestead and timber-culture entries
must pay the costs of the contest. .
RULE 58.-In other contested cases the costs may be equitably apportioned between
the parties by the register and receiver.
RULE 59.-Only the actual costs of notice, and the legal fees for reducing testimony
to writing, or for acting on mineral land applications and protests, can be charged to
the parties. (Revised Statutes, sec. 2238.) - i
RULE 60.-Costs of notice will include the costs of all notices up to the final deter-
mination of the case.
RULE 61.—Upon the final disposal of a case, any excess in the sum deposited as
security over the amount chargeable to the party making the deposit will be returned
to him by the register and receiver.
RULE 62.--When hearings are ordered by the Commissioner or by the Secretary of
the Interior, upon the discovery of reasons for suspension in the usual course of exam-
ination of entries, the preliminary costs will be provided from the contingent fund
for the expenses of local land offices.
RULE 63.−The preliminary costs provided for by the preceding section will be col-
lected by the register and receiver when the parties are brought before them in obe-
dience to the order of hearing. - g
RULE 64.—The register and receiver will then require proper provision to be made
for such further notification as may become necessary in the usual progress of the case
to final decision.
RULE 65.-The register and receiver will append to their reportin each case a state-
ment of costs and the amount actually paid by each of the contestants, and also a
statement of the amount deposited to secure the payment of the costs, how said sum
was apportioned, and the amount returned, if any, and to whom. -
II.
APPEALS FROM DECISIONS REJECTING APPLICATIONS TO ENTER PUBLIC LANDS.
RULE 66.-For the purpose of enabling appeals to be taken from the rulings or
action of the local officers relative to applications to file upon, enter, or locate the
public lands, the following rules will be observed: •
1. The register and receiver will indorse upon every rejected application the date
when presented, and their reasons for rejecting it. fº-
2. They will promptly advise the party in interest of their action, and of his right
of appeal to the Commissioner.
3. They will note upon their records a memorandum of the transaction.
RULE 67.—The party aggrieved will be allowed thirty days from receipt of notice
in which to file his appeal in the local land office.
RULE 68.-The register and receiver will promptly forward the appeal to the Gen-
eral Land Office, together with a full report upon the case.
ADMINISTRATION OF THE LAND SERVICE. 565
RULE 69.—This report should recite all the facts and the proceedings had, and must
embrace the following particulars:
1. A statement of the application and rejection, with the reasons for the rejection.
2. A description of the tract involved and a statement of its status as shown by the
records of the local land office. -
3. References to all entries, filings, annotations, memoranda, and correspondence
shown by the record relating to said tract, and to the proceedings had.
RULE 70.-Rules 43 to 48, inclusive, are applicable to all appeals from the decisions
of registers and receivers.
PROCEEDINGS BEFORE SURVEYORS-GENERAL.
RULE 71.-The proceedings in hearings and contests before surveyors-general shall,
as to notices, depositions, and other matters, be governed, as nearly as may be, by
the rules prescribed for proceedings before registers and receivers unless otherwise
provided by law.
PROCEEDINGS BEFORE THE COMMISSIONER OF THE GENERAL LAND
OFFICE AND SECRETARY OF THE INTERIOR.
RULE 72.--When a contest has been closed before the local land officers, and their
report forwarded to the General Land Office, no additional evidence will be admitted
in the case unless offered under stipulation of the parties to the record, except where
such evidence is presented as the basis of a motion for a new trial or in support of a
mineral application or protest; but this rule will not prevent the Commissioner, in
the exercise of his discretion, from ordering further investigation when necessary.
RULE 73.−After the Commissioner shall have received a record of testimony in a
contested case, thirty days will be allowed to expire before any action thereon is
taken, unless, in the judgment of the Commissioner, public policy or private neces-
sity shall demand summary action, in which case he will proceed at his discretion,
first notifying the attorneys of record of his proposed action.
RULE 74.—When a case is pending on appeal from the decision of the register and
receiver, or surveyor-general, and argument is not filed before the same is reached in
its order for examination, the argument will be considered closed, and thereafter no
further arguments or motions of any kind will be entertained except upon written
stipulation duly filed, or good cause shown to the Commissioner.
RULE 75.-If, before decision by the Commissioner, either party should desire to
discuss a case orally, reasonable opportunity therefor will be given in the discretion
of the Commissioner, but only at a time to be fixed by him upon notice to the oppos-
ing counsel, stating time and specific points upon which discussion is desired; and,
except as herein provided, no oral hearings or suggestions will be allowed.
REHEARINGS AND REVIEWS.
'--
RULE 66.—Motions for rehearings before registers and receivers, or for review or
reconsideration of the decisions of the Commissioner or Secretary, will be allowed in
accordance with legal principles applicable to motions for new trials at law, after
due notice to the opposing party.
RULE 77.—Motions for rehearings and reviews must be filed in the office wherein
the decision to be affected by such rehearing or review was made, or in the local land
office for transmittal to the General Land Office, and, except when based upon newly-
discovered evidence, must be filed within thirty days from notice of such decision.
RULE 78.—Motions for rehearings and reviews must be accompanied by an affidavit
of the party, or his attorney, that the motion is made in good faith, and not for the
purpose of delay. -
RULE 79.-The time between the filing of a motion for rehearing or review and the
notice of the decision upon such motion shall be excluded in computing the time
allowed for appeal.
RULE 80.-No officer shall entertain a motion in a case after an appeal from his
decision has been taken.
APPEALS FROM THE COMMISSIONER TO THE SECRETARY.
RULE 81.-An appeal may be taken from the decision of the Commissioner of the
General Land Office to the Secretary of the Interior, upon any question relating to
the disposal of the public lands and to private land claims, except in case of inter-
locutory orders and decisions, and orders for hearing or other matter resting in the
discretion of the Commissioner. Decisions and orders forming the above exception
566 ADMINISTRATION OF THE LAND SERVICE.
will be noted in the record, and will be considered by the Secretary on review, in case
an appeal upon the merits be finally allowed.
RULE 82.--When the Commissioner considers an appeal defective he will notify the
party of the defect and if not amended within fifteen days from the date of the rv-
ice of such notice, the appeal will be dismissed and the case closed.
RULE 83.−In proceedings before the Commissioner in which he shall formally decide
that a party has no right of appeal to the Secretary, the party against whom such
decision is rendered may apply to the Secretary for an order directing the Commis-
sioner to certify said proceedings to the Secretary, and to suspend further action until
the Secretary shall pass upon the same. - ar.
RULE 84.—Applications to the Secretary under the preceding rule shall be made in
writing, under oath, and shall fully and specifically set forth the grounds upon which
the application is made. -
RULE 85.--When the Commissionershall formally decide against the right of an ap-
peal, he shall suspend action on the case at issue for twenty days from service of no-
tice of his decision, to enable the party against whom the decision is rendered to
apply to the Secretary for an order, in accordance with rules 83 and 84.
RULE 86.—Notice of an appeal from the Commissioner's decision must be filed in
the General Land Office, and served on the appellee or his counsel, within sixty days
from the date of the service of notice of such decision. -
RULE 87.—When notice of the decision is given through the mails by the register
and receiver, or surveyor-general, five days additional will be allowed by those officers
for the transmission of the letter, and five days for the return of the appeal through
the same channel, before reporting to the General Land Office.
RULE 88.—Within the time allowed for giving notice of appeal, the appellant shall
also file in the General Land Office a specification of errors, which specification shall
clearly and concisely designate the errors of which he complains.
RULE 89.--He may also, within the same time, file a written argument, with cita-
tion of authorities, in support of his appeal. -
RULE 90.-A failure to file a specification of errors within the time required will be
treated as a waiver of the right of appeal, and the case will be considered closed.
RULE 91.—The appellee shall be allowed thirty days from the expiration of the
sixty days allowed for appeal in which to file his argument.
RULE 92.-The appellant shall be allowed thirty days from service of argument of
appellee in which to file argument strictly in reply; and no other or further argu-
ments or motions of any kind shall be filed without permission of the Commissioner
or Secretary and notice to the opposite party.
RULE 93.—A copy of the notice of appeal, specification of errors, and all arguments
of either party, shall be served on the opposite party within the time allowed for fil-
ing the same.
RULE 94.—Such service shall be made personally or by registered letter.
RULE 95.—Proof of personal service shall be the written acknowledgment of the
party served, or the affidavit of the person making the service attached to the papers
served, and stating time, place, and manner of service. N.
RULE 96.-Proof of service by registered letter shall be the affidavit of the person
mailing the letter attached to a copy of the post-office receipt. -
RULE 97.—Fifteen days, exclusive of the day of mailing, will be allowed for the
transmission of notices and papers by mail, except in case of notice to resident at-
torneys, when one day will be allowed.
RULE 98.-Notice of interlocutory motions and proceedings before the Commissioner
and Secretary shall be served personally or by registered letter, and service proved as
provided in rules 94 and 95.
RULE 99.-No motion affecting the merits of a case or the regular order ef proceed-
ings will be entertained, except on due proof of service of notice.
RULE 100.-Ex-parte cases and cases in which the adverse party does not appear
will be governed by the foregoing rules as to notices of decisions, time for appeal, and
filing of exceptions and arguments, as far as applicable. In such cases, however, the
right to file additional evidence at any stage of the proceedings to cure defects in the
proof or record will be allowed. -
RULE 101.-No person hereafter appearing as a party or attorney in any case shall
be entitled to a notice of the proceedings who does not at the time of his appearance
file in the office in which the case is pending a statement in writing, giving his name
and post-office address, and the name of the party whom he represents; nor shall any
person who has heretofore appeared in a case be entitled to a notice unless within
fifteen days after being requested to file such statement he shall comply with said
requirement. * - ->
RULE 102.—No person, not a party to the record, shall intervene in a case without
first disclosing on oath the nature of his interest.
RULE 103.—When the Commissioner makes an order or decision affecting the merits
of a case or the regular order of proceedings therein, he will cause notice to be given
* tº 3-y g
to each party in interest whose address is known.
SURVEYS OF THE PUBLIC LANDS. 567
ATTORNEYS.
RULE 104.—In all cases, contested or ex parte, where the parties in interest are
represented by attorneys, such attorneys will be recognized as fully controlling the
cases of their respective clients.
RULE 105.—All notices will be served upon the attorneys of record.
RULE 106 —Notice to one attorney in a case shall constitute notice to all counsel
appearing for the party represented by him; and notice to the attorney will be deemed
notice to the party in interest. -
RULE"107.—All attorneys practicing before the General Land Office and Department
of the Interior must first file the oath of office prescribed by section 3478 United States
Revised Statutes. -
RULE 108.—In the examination of any case, whether contested or ex parte, and for
the preparation of arguments, the attorneys employed, when in good standing in the
Department, will be allowed full opportunity to consult the record of the case and to
examine the abstracts, plats, field notes, and tract-books, and the correspondence of
- the General Land Office or of the Department relative thereto, and to make verbal
inquiries of the various chiefs of divisions at their respective desks in respect to the
papers or status of said case; but such personal inquiries will be made of no other
clerk in the division except in the presence or with the consent of the head thereof,
and will be restricted to the hours between 11 a.m. and 2 p.m.
RULE 109.—Any attorney detected in any abuse of the above privileges, or of gross
misconduct, upon satisfactory proof thereof, after due notice and hearing, shall be
prohibited from further practicing before the Department.
RULE 110.—Should either party desire to discuss a case orally before the Secretary
opportunity will be afforded at the discretion of the Department, but only at a time
specified by the Secretary or fixed by stipulation of the parties, with the consent of the
‘Secretary; and in the absence of such stipulation, on written notice to opposing counsel,
with like consent, specifying the time when argument will be heard.
RULE 111.—The examination of cases on appeal to the Commissioner or Secretary
will be ºiliated by filing in printed form such arguments as it is desired to have
considered.
DECISIONS.
RULE 112.-Decisions of the Commissioner not appealed from within the period
prescribed become final, and -the case will be regularly closed. (Revised Statutes,
sec. 2273.) - ,-
RULE 113.—The decision of the Secretary, so far as respects the action of the Ex-
ecutive, is final. - -
RULE 114.—The preceding rules shall take effect on the 1st day of February, 1881.
None of the foregoing rules shall be construed to deprive the Secretary of the In-
flººr of the exercise of the directory and supervisory powers conferred upon him by
8,W. - -
SURWEYS OF THE PUBLIC LANDS.
JUNE 30, 1882.
[See page 1239.]
[See Chapter VII, pages 178 to 195. See manual of instructions to surveyors-general issued by the
General Land Office, May 3, 1881, printed herein, page 575.] -
APPROPRIATIONS FOR SURVEYS, 1881 AND 1882.
By the act of Congress approved June 16, 1880, the sum of $300,000 was appropri-
ated for the survey of the public lands for the fiscal year ending June 30, 1881.
By the act of Congress approved March 3, 1881, the sum of $300,000 was appropri-
ated for the survey of the public lands for the fiscal year ending June 30, 1882.
§68 surveys of THE PUBLIC LANDs.
These amounts were apportioned by the Commissioner to the sixteen surveying dis-
tricts, in accordance with the respective exigencies of field work called for by the
public service in the years 1881 and 1882, as follows: :

To the district of 1881. 1882.
- Arizona e = * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * - e s e º e ºs - - - - - - - - - - - - - - - - $1 0, 000 $9, 500
California---------------------------------------------------------------------------. 35,000 || 30,000
Colorado----------------------------------------------------------------------------. 30,000 || 19,000
akota ------------------------------------------------------------------------------ 35,000 31,400
Florida. -----------------------------------------------------------------------------. 8,000 3, 100
Idaho-------------------------------------------------------------------------------- 12,000 || 13,000
Louisiana---------------------------------------------------------------------------. 12,000 || 13, 000
Minnesota.-------------------------------------------------------------------------- 16,000 | 16,000
Montana----------------------------------------------------------------------------. 15,000 20, 000
Nebraska and Iowa-----------------------------------------------------------------. 25,000 | 20,000
Nevada------------------------------------------------------------------------------ 17, 00 16,000
New Mexico.------------------------------------------------------------------------ 20,000 || 25,000
Oregon ----------------------------------------------------------------------------- 16,000 | 19,000
Utah -------------------------------------------------------------------------------. 12,000 | 16,000
Washington ------------------------------------------------------------------------- 16,000 | 19,000
Wyoming --------------------------------------------------------------------------- 15,000 | 12,000
Amount apportioned for field work. ------------------------------------------------- 294,000 282, 900
Additional apportionment to sundry survey districts. ------. -----------------------. 6,000
300,000
By the act of Congress of June 16, 1880, there was also appropriated for surveys of
private land claims during the year 1881.
In Arizona---------------------------------------------------------------- $8,000
In California--------------------------------------------------------------- 10,000
In New Mexico.------------------------------------------------------------- 6,000
Making a total of ---------------------------------------------------- 24,000
There was also appropriated by the same act of Congress for occasional examina-
tions of public surveys in the several surveying districts and for inspection of coal
fields, timber lands, &c., in land States where offices of the surveyors-general have
been closed, the sum of $8,000, making an aggregate of the appropriations of $332,000
for the year 1881. -
By the act of Congress of March 3, 1881, there was also appropriated for surveys of
private land claims during the year 1882.
In Arizona----------------------------------------------------------------- $8,000
. In California.-------------------------------------------------------------- 10,000
In New Mexico.------...-----------. - - - - - - - - - - - - - - - - - - - - - - - - _* * * * * * * * * * * * * * * * * 8,000
26,000
in addition to the sum of $300,000, or an aggregate appropriation of $326,000 for the
year 1882. -:r
Or a total of Congressional appropriations for 1881 of.---------------- $332,000 00
Private survey deposits by individuals in 1881 -----* * * * * * * * * * * * * * * * * - 1,804, 16647
. Or a total for surveys for 1881 of ------------------------------- 2, 136,166 47
Congressional appropriations for 1882 --------------...----------------- 326,000 00
Private or individual deposits for 1882 --------...--------------------- - 2,013,270 77
Or a total for surveys for 1882 of.... ----- • * * * * s = e s as s s is s m = * * * * * * 2,339,270 77
SURVEYS OF THE PUBLIC LANDS. 569
ADDITIONAL SURVEYING MERIDIANS AND BASE LINES.
[See pages 179, 180, 181.]
TO JUNE 30, 1882.
*.
Since June 30, 1880, the following additional surveying meridians and base lines
have been ordered or established:
The Wind River meridian governs the subdivisional surveys within the Shoshone
Indian Reservation, in the Territory of Wyoming. -
The Uinta special base and meridian govern the surveys of the Uinta Indian Reser-
vation, in the Territory of Utah.
The Navajoe special base and meridian controls the surveys of the Navajoe Indian
Reservation, in the Territories of New Mexico and Arizona.
The Black Hills meridian is coincident with the west boundary of the Territory of
Dakota, on the 27° of longitude west from Washington, and intersects the base line
in the parallel of 44° north latitude; it governs the surveys in the southwestern cor-
ner of the Territory named.
The Grand River meridian and base line governs the subdivisional surveys for allot-
ment to the Ute Indians, in Western Colorado. *
Proposed Cimarron meridian will be coincident with the eastern boundary of the
Territory of New Mexico, or 1039 meridian of longitude west from Greenwich, and
intersects the base line on the parallel of 36°30' north latitude, or the north bound-
ary of the State of Texas, and will govern the proposed surveys in the strip of public
lands inclosed between the States of Kansas and Colorado on the north, the Indian
Territory on the east, the State of Texas on the south, and the Territory of New Mexico
on the west.
INDIVIDUAL DEPOSITs FOR THE SURVIEY OF PUBLIC LANDS.
& [See pages 184, 185, and 1239.]
Sections 2401, 2402, and 2403, Revised Statutes, provide that when settlers in any
township, not mineral or reserved, desire a survey of the same under authority of the
surveyor-general, they shall be entitled thereto, upon filing a written application
therefor, and depositing a sum sufficient to pay for the survey and all expenses inci-
dent thereto; that said sums so deposited shall be placed to the credit of the proper
appropriation for the surveying service, and that the amount so deposited by any
such settlers may go in part payment for their lands situated in the township, the sur-
veying of which is paid out of such deposits.
By act of March 3, 1879, amendatory of section 2403, Revised Statutes, the certifi-
cates issued for such deposits were made assignable by indorsement, and receivable
in payment for pre-emption and homestead claims. Q
In 1881, under authority of the above laws, individual deposits for surveys were
made to the amount of $1,804,166.47, and in 1882 to the amount of $2,013,270.77; in
both years exceeding the Congressional appropriations by an aggregate of $3,159,437.24
The certificates issued for the return of the money advanced by individuals for the
surveys of the public lands are used for final payment in pre-emption and liomestead
entries. [See circulars General Land Office March 5, 1880, April 6, 1881, and June 2,
1881, for mºthod of procedure to obtain surveys by deposit and duties of officers.]
For a startling exhibit as to the operations of this law, see report of Commissioner
of General Land Office for 1881, pages 6, 7, and 8, 144 and 145
º

570. SURVEYS OF THE PUBLIC LANDS.
Statement showing the amount deposited by individuals and corporations for field and office
work on account of the survey of public lands in the 8everal 8wrveying districts during
the fiscal year ending June 30, 1882.

Office work.
Districts. Field work. * - Aggregate.
Agricultural. Mineral. Total.
Arizona-...--------------------- $50,721 66 $3,410 00 $4,475 00 $7,885 00 $58,606 66
California --------------------- 219, 626 58 21,328 43 8, 386 00 29. Ti4 43 249,341 01
Colorado ---------------------- 266, 029 14 10, 685 (.0 44, 392 50 55,077 50 321, 106 €4-
Dakota. ----------------------- 53,448 00 3,900 00 1, 110 00 5, 010 00 B8,458 00
Florida------------------------ 30 00 10 (0 l. - - - - - - - - - - - 10 00 40 0
Idaho ------------------------- 25, 656 00 3,007 00 1,980 00 4,987 00 30, 643 00
Louisiana --------------------. 6, 360 11 400 00 l.----------. 400 00 6,700 11
Minnesota -------------------- 25, 188 34 2, 926 00 - - - - - - - - - - - - 2,926 00 28, 114 34
Montana ---------------------- 4,080 00 250 00 6, 575 00 6, 825 00 10, 905 00
Nebraska --------------------- 64, 835 05 5,929 84 ||-----. -----. 5,929 84 70,764 89
Nevada ----- -----------------. 124, 340 86 9, 120 00 3, 210 00 12, 330 00 136,670 86
New Mexico -----------------. 270,068 22 15, 892 83 3,479 85 19, 372 68 289, 440 90
Oregon.----------------------- 147, 511 06 15, 240 00 25 00 15, 205 00 162,776 06
Utah -------------------------- 14,616 00 1,660 00 5,334 00 6,994 00 21, 610 00
Washington.------------------. 25, 815 16 2, 815 84 - - - - - - - - - - - 2,815 84 28,631 00
Wyoming --------------------. 498,867 30 40, 185 00 350 00 40, 535 00 539, 402 30
Total...------------------| 1, 797, 193 48 136,759 94 || 79,317 35 216,077 29 2,013, 270 77
EFFORTS OF COMMISSIONERS OF THE GENERAL LAND OFFICE TO PRE-
VENT OR SUPPRESS FRAUDS UNDER THE INDIVIDUAL DEPOSIT SYS-
TEM FOR SURVEYS.
With the intent to secure, as far as possible, honest proceedings under the individual
deposit survey system, J. A. Williamson, Commissioner of the General Land Office,
issued the following circular: -- -
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
w - Washington, D. C., May 28, 1881.
It having been alleged that gross frauds have been and are being perpetrated under
section 2401, Revised Statutes, whereby lands unsettled upon and worthless are being
surveyed, and that surveys are improperly executed, and that applications for sur-
veys are fraudulently procured by or through the United States deputy surveyors,
and the vast increase in the said applications and contracts indicating an extraordi-
nary condition of things without explanation, it becomes my duty to direct you to
require the most satisfactory proof as to the character of the land, nature of settlement,
character and value of improvements, &c., and make yourselves entirely satisfied
with the validity and good faith of each and every application for survey before giv-
ing it your approval, and if you suspect, even, that it is irregular in any respect, you
must refuse to approve it. .
If the frauds are not and cannot be prevented, it may become necessary to resort
to extreme measures, even to a suspension of the execution of the law.
In view of recent developments, and to aid in restricting as far as possible the ir-
regularities complained of, the circular instructions from this office, dated April 6th,
ultimo, and amendatory instructions of subsequent date, are hereby suspended, ex-
cept in so far as the same permit surveys under the deposit system for lands entered
under the desert-land law. *
The original affidavits, instead of copies as heretofore, must be forwarded to this
office with the contracts. *
The circular instructions of March 5, 1880, except as herein modified, are hereby
restored. wº *
The surveyors general are required to exercise the utmost care and vigilance to pre-
vent frauds or irregularities of any kind regarding surveys under the law, and will
promptly report any fact that may come to their knowledge of any attempted fraud,
and by whom made, with all particulars concerning the same. &
SURVEYS OF THE PUBLIC LANDs. & 571
The law, as amended by act of March 3, 1879, allowing certificates of deposit to be
used in payment of lands in townships other than those for the survey of which money
was deposited, holds out inducements for fraudulent transactions. It therefore be-
oomes all the more necessary to use all lawful means to protect the interests of the
Government.
You will therefore proceed with the mose scrupulous prudence.
Respectfully, |
J. A. WILLIAMSON,
Commissioner.
To UNITED STATES SURVEYORS GENERAL.
Mr. Commissioner McFarland (succeeding after the resignation of Commissioner
Williamson), still further impressed with the enormity of the frauds perpetrated under
this law, issued the following:
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE.
Washington, D. C., September 5, 1881.
To SURVEYORS GENERAL :
In order to prevent as far as possible the perpetration of frauds and fraudulent sur-
veys, which have already assumed alarming proportions under the system of deposits
by individuals, it is hereby ordered :
I. The surveyors general shall exercise the most searching scrutiny into the state-
ments of applicants for survey, to satisfy themselves of the truth thereof, and unless
found to be boma fide in every respect they shall not accept such applications nor fur-
nish the estimates requested.
II. Believing that in a great many instances applications for survey, particularly in
sections of country unfit for settlement, have been procured or invited at the instance
of deputy Surveyors seeking contracts, you are instructed that such proceedings on
the part of deputy surveyors are unlawful, and that contracts thus unlawfully pro-
cured will not be recognized as valid. The surveyor general must minutely examine
into all applications for surveys under the deposit system. If he is satisfied that the
deputy has acted in the manner described, the commission of such deputy shall be
forthwith revoked, and the surveyor general shall report all the facts, with his find-
ings in the case, to this office. Upon approval thereof such deputy shall be deemed
unfit to exercise the functions of a deputy surveyor, and the approval of a finding
against a deputy will be communicated by this office to each surveyor general for his
information and guidance; and any surveyor general who shall fail to report such
deputy, or who shall employ any deputy So barred, will be open to clarges to be pre-
ferred by the Commissioner of the General Land Office to the Secretary of the Interior.
III. Surveyors general are required to exercise the utmost care and vigilance to pre-
vent frauds and irregularities of any kind regarding surveys under the system of de-
posits by individuals, as also of surveys made under any other appropriation of
moneys by Congress, whether general or special, and they will report each and every
fact that may come to their knowledge of any attempted fraud, by whomsoever made,
with all obtainable particulars, to this office for consideration and action.
IV. The plats and field notes of surveys under the system of deposits by individu-
als, as returned to this office, do not usually show the settlements and improvements
of the settlers at whose instance the surveys are ostensibly made. In a majority of
instances the location of the settler, whether bona fide or otherwise, is entirely omit-
ted, while the improvements, if any, are never noted. . In order, therefore, to still
further check the abuses and dishonest practices to which this system of surveys has
become subject, the attention of surveyors general and deputy surveyors is specially
directed to the requirements of pages 18 and 19 of the Manual of Surveys, and pages
43 and 44 of the Instructions of the Commissioner of the General Land Office, dated
May 3, 1881. The requirements therein contained must be strictly adhered to, and
surveyors general are required and enjoined to see to it that their deputies comply
there with. ‘.
V. Surveyors general are directed to instruct their deputies that they must desig-
nate in the field notes and plats of their surveys the location of each and every settle-
ment within a township surveyed under the deposit system, whether it be perma-
ment in character or not, together with the names of such settlers and their improve-
ments, if any. Cattle corrals are not considered as constituting improvements.
VI. When no settlers are found within a township surveyed under the system of
individual deposits, the field notes of survey must distinctly and unequivocally state that
Jact, and any omission so to describe and designate the settlements and their sur-
rounding improvements, or the absence of one or both in the field notes and plat, will
be deemed a sufficient cause to infer fraud, and the accounts of the deputy will be
572 surveys of THE PUBLIC LANDs.
-
suspended until such omission shall have been supplied to both plat and field notes;
A suspension of the commission of the deputy will in the meantime take place, and all
the facts will be reported to this office for consideration and action.
VII. Surveyors general are directed to make known to their several deputies the
provisions and nature of this order,"and will be held strictly accountable for its faith-
ful execution. Ignorance of the terms of this order will not be held an excuse for
failure to comply there with by deputies.
VIII. This order will be observed by deputies now in the field, and surveyors gen-
eral are directed to so inform them with the least practicable delay.
IX. Surveyors general are reminded of the important trust confided to them, and
are instructed to exercise their whole authority to secure correct and honest surveys
and returns by their deputies. -
X. This order will take effect from and after the receipt of the same, and its receipt
will be immediately acknowledged by each Surveyor general.
XI. In every case of a contract heretofore approved which the surveyor general has
reason to beliève was fraudulently procured, such contract and the accounts there-
under must be immediately suspended and the facts reported to this office.
Very respectfully,
N. C. MCFARLAND,
s Commissioner.
Approved:
A. BELL,
A oting Secretary of the Interior.
REPEAL OF THE INDIVIDUAL DEPOSIT LAW RIECOMMENDED.
Mr Commissioner McFarland, in, his annual report for 1881, says:
*I am compelled to conclude, however, that there is no effectual remedy for said
abuses except by the repeal of said act of March 3, 1879. This act, in its purpose and
intent, in my opinion, is well adapted to the wants of actual settlers who desire to
obtain title to their settlements without being subject to the enforced postponement
incident to surveys under the present system; but the temptation to irregularity and
fraud are too great, and the means of evading the law too easy, to justify a reasona-
ble expectation that the law can be administered in the public interest.” -
AREAS OF SURVEYS FOR THE FISCAL YEARS 1881 AND 1882.
The extent of the surveying operations during the fiscal years ending June 30, 1881,
and June 30, 1882, payable out of the Congressional appropriations, and individual
deposits for the survey of public lands, as provided in section 2401 of the United
States Revised Statutes, were as follows:
In 1881, public lands, 21,788,010 acres; private land claims, 526,359.95 acres, or a
total in 1881 of 21,314,369.95 acres. In 1882, public lands, 14,204,561.79 acres; private
land claims, 74,278 acres; Indian lands, 502,427.12 acres, or a total of 14,781,266.91
acres, as follows:
Areas surveyed in land States and Territories, 8 everally considered, both of public lands and
private claims, during the fiscal years ending June 30, 1881, and June 30, 1882.

1881. 1882.
Land States and Territories. . ſº *
g Privateland g Private land g
Public lands. claims. Public lands. claims. . Indian lands.
Acres. Acres. Acres. Acres. Acres.
Arizona ----------------------| . 5,096 36,905.75 293,036. 38 5, 134 l-------------.
California --------------------- 888, 308 462,300. 38 949, 778. 19 69,144 ||-------------.
Colorado ---------------------- 7,435,084 ||---------...--. 5, 818, 183.84 ||-------------- 382,078. 12
Dakota.-------------------º_* as * * * *1, 475, 655 -----. . . . . . . . 1,568,255.89 |.-------------|--------------
Idaho ------------------------- ,916 ||-------------. 242.47 1--------------|--------------
Louisiana --------------------- * 235,084 ||-------...----- 330, 426.20 ||-------- ------|--------------
Minnesota- - - - - - - - -, - - - - - - - - - - - - 194,427 |-------...----- 222,825.57 --------------|------------.
Montana ---------------------. 348,017 - - - - - - - - - - - - - - 69,367. 12 |.-------------|--------------
Nebraska ------------------ - - - 852, 300 |-------------. 645, 802.21 |--------------|--------------
Nevada ------- *ºr e s = m ºn m = sº sº ºn s = = * * 4; 524,598 |... . . . . . . . . . . 631, 373.47 --------------|--------------
New Mexico.------------------ 3, 179,216 27, 153.82 1, 287, 307.74 |------. - - - - - - - 120,349.00.
Oregon.----------------------- 1,008, 324 ||------ - -- * * * = e sº 1, 318, 617. 90 |.-------------|--- * * * * g as º ºs e º ºs ºs
Utah.------------------------- 294,409 ||-----. --------| 202,539. 61 --------------|--------------
Washington ----------------- 231, 459 |-------------. 454, 534.29 |-------------|--------------
Wyoming --------------------- 1,055, 116 ||------------ --| 412, 270.91 |--------------|--------------
Totals. . ---------------- 21,788,010 526,359.95 |14,204, 561.79 74,278 502,427.12
*62,012.25 acres are included in the Red Cloud and Spotted Tail Indian lands in Dakota Territory.
SURVEYS OF THE PUBLIC LANDS. 573
&
PROGRESS OF SURVEYS FOR FIVE YEARS, TO JUNE 30, 1882.
TOTAL COST AND COST PER ACRE.
Comparative progress of surveys, cost thereof, disposal of the public lands, the number of sur-
veying and land districts, during the period of five years to June 30, 1882, including office
expenses of 8wrveyors-general.

* . . ; # *,
5 § 3 . Number of acres. §§
© º * : *
Fiscal year ending June 30. # . # cost;ºur 3, #
º tºº * -->
#3 cº º gº 3.
# H Surveyed. Disposed of. 5
Cents.
1877--------------------------------. 17 99 || $550, 054 03 || 10,847,082.00 4,849,767.70 5%;
1878. -------------------------------. 16 98 523,786 76 8,041, 012. 00 8, 686, 178.88 || 64
1879. -------------------------------. 16 93 525,707 00 8,455, 781.00 9, 333,383.29 6#
1880--------------------------------. 16 95 796,084 79 15,699, 253.00 || 14,792, 371.65 51%;
1881--------------------------------. 16 96 | 1, 244,838 65 21,788,011. 00 || 10,893, 397.05 51%;
1882. -------------------------------. 16 99 || 1,914, 328 93 || 14,781, 266.91 14, 309, 166. 40 4+;
Grand total.---------- - - - - - - - - - - - - - - * * is sº º gº 5, 554,800 16 || 79, 612,405.91 62,864,264.97 ------
NECESSITY FOR SURVEYS.
The Secretary of the Interior, Hon S. J. Kirkwood, in his annual report for 1881,
says:
Under the present law there seems good reason to believe that extensive surveys are
made far in advance of any legitimate demand; it is impossible to test the accuracy
of the field work, and it is probable that when, in the future, a survey shall be needed,
the work will have to be done again. *
The Secretary of the Interior, Hon. H. M. Teller, says in his annual report for 1882:
The public lands ought to be speedily surveyed. It is lawful for a settler to go on
the public lands in advance of the surveys, but it is difficult for him to fix boundaries
to his location made in advance of the surveys. Conflicts arise between neighbors as
to lines, and when the surveys are made, not infrequently a whole neighborhood is
thrown into confusion, and much bitterness and strife created by the attempt to ad-
just their location to the Government surveys. There is but little, if any, of the pub-
lic land that will not be ultimately surveyed. The necessity for surveys in the agri-
Cultural and pastoral regions is not greater than in the mineral regions of the high
mountains. The miner as well as the agriculturist finds it difficult clearly and prop-
erly to define and locate his claim in the absence of Government surveys. Liberal
appropriations ought to be made for the survey of the unsurveyed land of all kinds,
with a proper classification of the same, showing whether they are timber, agricult-
ural, pastoral, or mineral lands.
AREA OF SURVEYED LANDS UNSOLD.
[See page 529.]
The United States, June 30, 1882, owned, in round numbers, 220,000,000 acres of
surveyed lands which were unsold.
RATES FOR SURVEYS OF THE PUBLIC LANDS.
Rates for 8wrveys for fiscal year 1882.
Minimum rates, per mile:
For standard and meander lines --------------------------------------- $12 00
For township lines---------------------------------------------------- 10 00.
For section lines ------------------------------------------------------ 8 00:
Maximum rates, per mile :
For standard lines ---------------------------------------------------- 16 00.
For township lines.----. ------------ s • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 14 00
For section lines ----------------------------------------------------- 10 00
Under sections 2404 and 2405, R. S., applying only to Oregon, California, and
Washington Territory:
Standard lines in Oregon.--------------------------------------------- 18 00
Township lines in Oregon.---------------------------------------------- 15 00
Section lines in Oregon ------------------------------------------------ 12 00
In California and Washington Territory, per mile:
For standard lines ---------------------------------------------------- 18 00.
For township lines---------------------------------- tº ºn tº gº tºº & ºn tº º me tº e º 'º tº e º ſº 16 00.
For section lines ------------------- • ---------------------------------- 14 00,
574 surveys of THE PUBLIC LANDS.
SURVEYED AND UNSURVEYED-LANDS TO JUNE 30, 1882.
(see pages 16-178, 189, and 1241]
The total amount of public lands, from the beginning of the land system, surveyed
to June 30, 1882, was 831,725,863 acres. The total acreage of public lands remaining
unsurveyed to June 30, 1882, was 983,068,075 acres.
Tabular statement showing the number of acres of public lands 8wrveyed in the following
land States and Territories up to June 30, 1881, during the fiscal year 1882, and the total
of the public lands surveyed up to June 30, 1882; also the total area of the public domain
remaining unsurveyed within the 8ame.

Area of public lands º ### à
in States and Terri- Number of acres of public lands surveyed. | 3:35
tories. 5 § g
H ; : Sº
GD r 32 5, 2-5- Q H → tº g ; gº
3 # #3 || | |#### .
OO E - 5 • * dº ºr ºf coºd
CO ! 3 & E; * ge-, & 9
Land States and § ~. ##### #3; à ### #
Territories. : § § #3 § g #3 # oº:: ££5 :
à || 3 |####| | #15 #3 ||3; ; ; ,
* g p § 3 gº º 33 an o," § 3 ; *çS.
3 CŞ Hy 9 : a £5 9:5 3 p # , 2, 33
$– ; © § 3 - 5 # = §: T.E. *- tº 2 E E 3
C * Gly .3 +2 CO S2 e rº & y-, * * r * ..…
cº tº ... à ####| ###| | # |####g
$- - P- -r-,
5 F. 5 is ~~~~ P H H
Alabama . ---., -- 32,462,115 50,722 82,462,115.......................... 32,462,115. . . . . . . . . . . .
Arkansas - - - - - - - 33,410,063, 52,203 33,410,063. -------- - m. s. s. * * * * * * * * * * * * 33,410,063..... -------
California ------- 100,992,640; 157,801 57, 560, 018; 1,987, 746. 61 - 949, 778. 19, 60,497,543. 40,495,097
Colorado -------- 66, ; § $. 1. ; *35, º ; 6, 407, § 57 5, 818, 183.84 ; # ; 1% § º
"lorida. ---------- 97, 931, 5 {}\}, 30, 175,02 96, 985. 71]. -- - - - - - - - - - - 0, 272, 01: , 659, 5
#; - * * * * * * * * * #5, #6, off; ; 4: .36; jš.................... 35,465.693,....'... º:
Indiana -----. --- 21, 637, 760 33, 809 21, 637, 760 . . . . . . . . . . . . . . . . . . . . .----- 21, 637, 760 - . . . . . . . . . .
Iowa - - - - - - - - - - - - 35, 228, 800 55, G45ſ 35, 228, 800; . . . . . . . . . . . . . . . . . . . . . . . . . . 35, 228,800).------...--.
Ransas - - - - - - - - 51, 770, 240 80,891. 51, 770, 240 - - - - - - - - - - - , , - - - * * * * * * * * 51, 770, 240. -- - - - - - - - -
Louisiana - - - - - - - 26, 461,440; 41,346 25, 547, 631 68,053. 74 330,426. 20 25, 946, # 515, 329
Michigan -----. 3U, 128, G40. 56, 451 36, 128, 640 - - - - - - - - - - - - - - - - - - - - ----. 36, 128, 6 as - - - - - - * *
Mir nesota - - - - - - - ‘53, 459, 840 ; 531 40 213 003, 199,953.84 222,825. 57 40, 635, §; 12, 824,058
Mississippi. ----. 30, 179, 840 7, 176. 30, 179, 840 . . . . . . . . - -, * is e º 'º - - - - * * * * * * *- :- 30, 179, 840|. - - - - - - - - - - -
#ºp* * * = - - - 41, 836, 931 65,370 41, 836, 931. . . . . . . .-- - - - - - - - - - - - - - - - 41, 836,931|... . . . . . . . .
Nebraska. --- - - - - 48,636, 800, 75,995 42,945, 036. 392,280. 60) 645, 802:21: 43, 9°3, 119) 4,653, 681
Nevada.---------. #. 737, ; 1. ; 17, 825, § 4, 142,714. ; 631, 373.47. 22, 599, ; 49, 137,912
Ohio. ------------ 5, 581. 976. 39,972 25, 576, 96 5, 016.3i | . . . . . . . . . 25, 581, 976 . . . . . . . . . .
Oregon ---...-- 60,975, 360, 95, § 26, 444, 06'il 3, 393, 335. 63. 1,318, 617.90, 31, 156,019 - 29, 819, 341
Wisconsin. -----. 34, 511, 360 53,924; 34, 511, 360]... . . . . . . . . . . * - - - - - - e ºa • - w 34, 511,300 - * * *
Alaska ---------- 3é, Ég éðd 57,330]..." "...]...I ...I.I.I.I.I...". '... 369,529,600
Arizona -------- 72,906, 240 113,916 5,812,970 335,783 C8, 293,036. 38; 6,441, 790) 66,454, 450
Dakota. ---------. 96, 596, # 1. ; 27, § # 1, 761, ; {0} 1, 568, § ; 30, 411, ; 66, 185, 119
Idaho ----------. 55, 228, 16 6, 294 7, 853, 375|| 262, 890. 7] 242. 8, 116, 508 47, 111,652
indian Territory. 44.15'240 68,991. 27,063. 336|...I.T. ... "............. 27, 0(3,990. 17, 150. 250
Montana. . . . . . . . . $3.91% º 143, † 11, ſº ºl. 1:9, iſ: # , º, . 13 ... º.º. 8), 3% ºf
#. Mexico. . . . 77, 508,640. 121, 201 fl4, 6'39,083| 7, 584, R19.49. 1, 287, 307.74; 23, 510, § 54,057, ;
tah -----------. 54,064, 610| 84,476, 10, (.76, 369| 208,044, 62. 202,539. 61' 10,486,953. 43,577, 68
Washington. . . . . A4 7.6 j60 69,994, 16,363.486 gº. 606. 56 454, 534.2% iº, 757,033 37,035, 137
Wyoming ------- 62,645, 1.0 97,883, 10,366,940|4,684,031.72 412,270.91 15,463,243 47,181,877
Total -----. - £1,814, 793, wº 835, olºis, 906, 979|32, 614, 323. alſº 204, 561. tººl 725, sº 983, 068,075


* Of the surveys in Colorado, 229,906.83 acres were for allotments to the Uncompahgre Ute Indians,
who were since removed to Utah Territory, which lands became public lands by act of Congress
#. d July 28, 1882; and 152,171.29 acres were surveyed into 40-acre tracts for the Southern Ute
Il (b 13 Il S. -
f Of the surveys in New Mexico, 120,349.47 acres were surveyed into 40-acre tracts for the Southern
Ute Indians, under the Ute commission, of which 108,533.82 acres had been also surveyed as public
lands under the surveyor-general of New Mexico. -
# Exclusive of the area of the public land strip, viz, 3,673,600 acres.
surveys of THE PUBLIC LANDs. ~~ 575
a - - ... • - 2.
SURVEYS OF THE PUBLIC LANDS.
INSTRUCTIONS OF THE COMMISSIONER OF THE GENERAL LAND OFFICE
TO THE SURVEYORS-GENERAL OF THE UNITED STATES RELATIVE TO
THE SURVEY OF THE PUBLIC LANDS AND PRIVATE LAND CLAIMS.
MAY 3, 1881.—IN EFFECT DECEMBER 1, 1883.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., May 3, 1881.
GENTLEMEN: The following instructions, including full and minute directions for
the execution of surveys in the field, are issued under the authority given me by sec-,
tions 453,456,2398, and 2399 United States Revised Statutes, and must be strictly com-
plied with by yourselves and your deputy surveyors. -
Very raspectfully, .*
J. A. WILLIAMSON,
- Commissioner.
To SURVEYORS-GENERAL OF THE UNITED STATES.
IINIDEX, TO INTSTE, UCTIONTS. P
age
Introductory sketch of origin of public land surveys -------------------------------------------. 576
The General Land Office. Its duties. --------- - - - - - - --------------------------------- .* * * * * 579
Surveys and surveyors: survey of agricultural private land claims, mineral and all other public
lands; the statutes as to appointment of deputy surveyors, how made - - - - - - - - - - • sº & 9 º' tº as s as ºr 579 to 583
System of rectangular surveying and how made. --------------------------------------- - - - - - - - - - 589
Of tally pins. . . . --------------------------------------------------------------------------------- 589
Process of chaining------------------------------------- --------------------------------------- 589
Leveling the chain and plumbing the pin. -------------------------------------------... sº as sº º e º se e s = * * 589
Marking-line S. - ... -------------------------------------- *... slº = * * * * = * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *... 589
On trial or random lines - - - - - - - - - - - ------------------------- * * * * * sº sº sº º sº sº tº sº ºn tº dº s sº sº º e º 'º º is tº º ºs * * * * sº tº 590
Insuperable objects on line—witness points------------------------------------------------------ 590
Establishing corners ----------------------------------------------------------------------------- 590
HDIESCRIPTION OF CORNERS:
Standard township Corners.------------------------------------------------------------------ 590
Closing township corners--------------------------------------------------------------------- 590
Standard section corners -------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 591
Section closing corners----------------------------------------------------------------------- 591
Corners common to four townships.---------------------------------------------------------. 594
ARTICLE X:
Quarter-Section corners ---------------------------------------------------------------------- 595
Sfandard quarter-section corners ....... - - - - - - • s is º ºs º ºr ºs e s s sº º ºs º ºs º ºs e º ºs e º ºs sº e º 'º - nº tº e º º is gº tº ºn tº º ſº º ºs º ºs º ºs º gº 596
Meander corners ---------------------------------------------------------------------------- 596
Witness corners. . . . . .----------------------------------------------------------- tº as s as sº as sº e ºs º ºs s tº 507
Miscellaneous. ------------------------------------------------------------------------ * = &º & © tº as 597
Meandering. . . . . --------------------------------------------- s = * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 598
Surveying --...----------------------------------------------------------------- • * * * * * g e s as sº * * - 599
Base line------------------------------------------------------------------------------------- 599
Principal meridian - - - - - - - - - - - - - - - - - - --------------------------------------------------------- 600
Standard parallels. - - - - - - - - - - - - -* * * * me as ºf - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 600
Auxiliary meridians ------------------------------------------------------------------------- 600
Exteriors or township lines.---------------------------------------------- * * * * * * • & ſº tº e º se as tº gº tº se is tº 600
- Method of subdividing . . . . . ----------------------------------------------------------------- 601
Prescribed limits for closings and length of lines in certain cases.---------...-----.......... 602
Subdivision of sections.--------------------------------------------------------------------. 602
Re-establishment of lost corners. (See Special Instructions, pages 669)..................... 602
Retracing township lines.------------------------------------------------------------------------ 608
Field notes. --------------------------------------------------------------------------------- 603
Summary of objects and data required to be noted.----------------------------...---------------. 605
AFFIDAVITS TO FIELD NOTES: •
Preliminary oaths of assistants -------------------------------------------------------- * * * * * * 606
T'inal oaths for surveys.---------------------------------------------------------------------- 606
Final oaths for assistants... ------------------------ ---------------- _* * * * * * * is sº us gº º sº dº e sº e s is as ºn e º ºs e s 606
Final oaths for United States deputy Surveyor. ------. --...---------...-------------...-...------. 606
Specimen field-notes and plats.------------------------------------------------------------------- 607
The magnetic declination or variation of the needle.---------...--------- ----...----------------- 607
Table for reducing the observed declination to the mean declination of the day. --...------------- 609
Table of decimal values of the magnetic declination.------------------------...----------------- 610
Annual change in the magnetic declination -----------------...-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 611
Method of ascertaining the true meridian and thereby the magnetic declination or variation of 613
the compass----------------------------------------------------- * ~ * ~ * = • * * * * * * * * * * = • * * * * * * * ~ * ~ * = 613
Method of ascertaining the true meridian. --------------------------. ---------------------------- 613
To find the true meridian with the theodolite ---------------------------...-------...----...--------- 615
To find the true meridian with the compass----------------...--------.. * * * * * * * * * * * * * * * * * * * * ----- 615

576 SURVEYs of THE PUBLIC LANDS.
- Pa-->
Table of Aizmuths.----------------------------------- ...-------------------------------> *---- 617
Table of offsets from tangent to parallel ---...---------------------------------------------------- 618
Specimen of field-notes of the survey of a standard parallel north, how done ------------------- glº
Specimen field-notes of the survey of a meridian ----------, ------------------------------------->
Specimen field notes of the survey of a township. ---------------------------------------------- 630,641
Private land claim surveys, how made. -- - - ----------------------------- - - - - - - - - - - - - - - - - - - - - - - - 669
Four diagrams to illustrate monuments of survey, monuments and markings-------------------- 669
Restoration of lost and obliterated corners, how done. --...---------------------------------------- 669
Mineral lands, how surveyed—method and detail------------------------------------------------ 669
I N T R O D U C T OR Y.
The present system of survey of the public lands was inaugurated by a committee
appointed by the Continental Congress, and consisting of the following * :
Hon. THOS, JEFFERSON, Chairman - - - - - - - - - - - - - - - - - - s sº as as sº sº * * * * * * * * * = Virginia.
Hon. HUGH WILLIAMSON------------------------------------------- North Carolina.
Hon. DAVID HOWELL ---------------------------------------------- Rhode Island.
Hon. ELBRIDGE GERRY------------------------------------------ 4...Massachusetts.
Hon. JACOB READ--------------------------------------------------South Carolina.
On the 7th of May, 1784, this committee reported “An ordinance for ascertaining
the mode of locating and disposing of lands in the western territory, and for other
purposes therein mentioned.” This ordinance required the public lands to be divided
into “hundreds” of ten geographical miles square, and those again to be subdivided
into lots of one mile square each, to be numbered from 1 to 100, commencing in the
northwestern corner, and continuing from west to east and from east to west consecu-
tively. This ordinance was considered, debated, and amended, and reported to Con-
gress April 26, 1785, and required the surveyors “to divide the said territory into
townships of 7 miles square, by lines running due north and south, and others cross-
ing these at right angles. * * * The plats of the townships, respectively, shall be
marked by subdivisions into sections of 1 mile square, or 640 acres, in the same direc-
tion as the external lines, and numbered from 1 to 49. * * * And these sections
shall be subdivided into lots of 320 acres.” This is the first record of the use of the
terms “township” and “section.”
May 3, 1785, on motion of Hon. William Grayson, of Virginia, seconded by Hon.
James Monroe, of Virginia, the section respecting the extent of townships was amended
by striking out the words “seven miles square” and substituting the words “six
miles square.” The record of these early sessions of Congress are not very full or
complete; but it does not seem to have occurred to the members until the 6th of May,
1785, that a township six miles square could not contain 49 sections of 1 mile square.
At that date a motion to amend was made, which provided, among other changes,
that a township should contain 36 sections; and the amendment was lost. The ordi-
nance as finally passed, however, on the 20th of May, 1785, provided for townships, 6
miles square, containing 36 sections of 1 mile square. The first public surveys were
made under this ordinance. The townships, six miles square, were laid out in ranges,
extending northward from the Ohio river, the townships being numbered from south
to north, and the ranges from east to west. The region embraced by the surveys
under this law forms a part of the present State of Ohio, and is usually styled “The
Seven Ranges.” In these initial surveys only the exterior lines of the townships were
surveyed, but the plats were marked by subdivisions into sections of 1 mile square,
and mile corners were established on the township lines. The sections were numbered
from 1 to 36, commencing with No. 1 in the goutheast corner of the township, and run-
ning from 8outh to north in each tier to No. 36 in the northwest corner of the township,
as shown in the following diagram: te

36 30 24 | 18 12
35 | 29 || 23 17 | 11
34 28 22 | 16 | 10
33 27 21 | 15 9
32 26 || 20 14 || 8
31 || 25 | 19 || 13 || 7 || 1
The surveys were made under the direction of the Geo; rapher of the United States.
The act of Congress approved May 18, 1796, provided for the appointment of a sur-
SURVEYS OF THE PUBLIC LANDS. 577
veyor-general, and directed the survey of the lands northwest of the Ohio River, and
above the mouth of the Kentucky River, “in which the titles of the Indian tribes
have been extinguished.” Under this law one-half of the townships surveyed were
subdivided into sections “by running through the same, each way, parallel lines at
the end of every two miles, and by making a corner on each of said lines at the end of
every mile,” and it further provided that the “sections shall be numbered, respect-
ively, beginning with the number one in the northeast section and proceeding west
and east alternately, through the township, with progressive numbers till the thirty-
sixth be completed.” This method of numbering sections, as shown by the following
diagram, is still in use:
6 || 5 || 4 || 3 || 2 | 1
7 || 8 || 9 || 10 11 || 12 ~
18 17 | 16 15 14 || 13
19 20 21 22 || 23 24
30 29 28 27 | 26 25
w 31 || 32 || 33 34 || 35 | 36
The act of Congress approved May 10, 1800, required the “townships west of the
Muskingum, which * * * are directed to be sold in quarter townships, to be sub-
divided into half sections of three hundred and twenty acres each, as nearly as may
be, by running parallel lines through the same from east to west, and from south to
north, at the distance of one mile from each other, and marking corners, at the dis-
tance of each half mile on the lines running from east to west, and at the distance of
each mile on those running from south to north. * * * And the interior lines of
townships intersected by the Muskingum, and of all the townships lying east of that
river, which have not been heretofore actually subdivided into sections shall also be
run and marked. * * * And in all cases where the exterior lines of the townships
thus to be subdivided into sections or half sections shall exceed, or shall not extend,
six miles, the excess or deficiency shall be specially noted, and added to or deducted
from the western and northern ranges of sections or half sections in such township,
according as the error may be in running the lines from east to west or from south to
north.”
The act of Congress approved February 11, 1805, directs the subdivision of the pub-
lic lands into quarter-sections, and provides that all the corners marked in the public
surveys shall be established as the proper corners of sections or subdivisions of sections
which they were intended to designate, and that corners of half and quarter sections not
anarked shall be placed as nearly as possible “equidistant from those two corners
which stand on the same line.” This act further provides that “The boundary lines
actually run and marked * * * shall be established as the proper boundary lines
of the sections or subdivisions for which they were intended; and the length of such
lines as returned by * * * the surveyors * * * shall be held and considered
as the true length thereof, and the boundary lines which shall not have been actually
run and marked as aforesaid shall be ascertained by running straight lines from the
established corners to the opposite corresponding corners; but in those portions of
the fractional townships, where no such opposite or corresponding corners have been
or can be fixed, the said boundary line shall be ascertained by running from the es-
tablished corners due north and south or east and west lines, as the case may be, to
the * * * external boundary of such fractional township.”
The act of Congress approved April 25, 1812, provided “That there shall be estab-
lished in the Department of the Treasury an office to be denominated the General
Land Office, the chief officer of which shall be called the Commissioner of the Gen-
eral Land Office, whose duty it shall be, under the direction of the head of the De-
partment, to superintend, execute, and perform all such acts and things touching or
respecting the public lands of the United States, and other lands patented or granted
by the United States, as have beretofore been directed by law to be done or performed
in the office of the Secretary of State, of the Secretary and Register of the Treasury,
§ of. the Secretary of War, or which shall hereafter by law be assigned to the said
OTTlC6. -
The act of Congress approved April 24, 1820, provides for the sale of public lands in
half quarter-sections, and requires that “in every case of the division of a quarter-
section the line for the division thereof shall run north and south * * * and
37 L O—WOL III

578 SURVEYS OF THE PUBLIC LANDS.
fractional sections containing 160 acres and upwards shall, in like manner, as nearly
as practicable, be subdivided into half quarter-sections, under such rules and regula-
tions as may be prescribed by the Secretary of the Treasury; but fractional sections
containing less than 160 acres shall not be divided.”
The act of Congress approved May 24, 1824, provides “That whenever, in the opin-
ion of the President of the United States, a departure from the ordinary mode of sur-
veying land on any river, lake, bayou, or watercourse would promote the public
interest, he may direct the surveyor-general in whose district such land is situated,
and where the change is intended to be made, under such rules and regulations as the
President may prescribe, to cause the lands thus situated to be surveyed in tracts of
two acres in width, fronting on any river, bayou, lake, or watercourse, and running
back the depth of forty acres.” “ ” “
The act of Congress approved May 29, 1830, provides for the fine and imprisonment
of any person obstructing the survey of the public lands, and for the protection of
surveyors, in the discharge of their official duties, by the United States marshal,
with sufficient force, whenever necessary.
The act of Congress approved April 5, 1832, directed the subdivision of the public
lands into quarter quarters; that in every case of the division of a hålf quarter-sec-
tion the dividing line should run east and west, and that fractional sections should be
subdivided under rules and regulations prescribed by the Secretary of the Treasury.
Under the latter provision the Secretary directed that fractional sections containing
less than 160 acres, or the residuary portion of a fractional section, after the subdi-
vision into as many quarter quarter-sections as it is susceptible of, may be subdivided
into lots, each containing the quantity of a quarter quarter-section as nearly as prac-
ticable, by so laying down the line of subdivision that they shall be 20 chains wide,
which distances are to be marked on the plat of subdivision, as are also the areas of
the quarter quarters and residuary fractions.
The two acts last above mentioned provided that the corners and contents of half-
quarter and quarter-quarter sections should be ascertained, as nearly as possible, in
the manner and on the principles directed and prescribed in the act of Congress ap-
proved February 11, 1805.
The act of Congress approved July 4, 1836, provided for the reorganization of the
General Land Office, and that the executive duties of said office “shall be subject to
the supervision and control of the Commissioner of the General Land Office under
the direction of the President of the United States.” The repealing clause is: “That
such provisions of the act of the twenty-fifth of April, in the year one thousand eight
hundred and twelve, entitled ‘An act for the establishment of a General Land Office
in the Department of the Treasury, ' and of all acts amendatory thereof, as are incon-
sistent with the provisions of this act, be, and the same are hereby, repealed.”
From the wording of this act it would appear that the control of the General Land
Office was removed from the Treasury Department, and that the Commissioner re-
ported direct to the President, but, as a matter of fact, the Secretary of the Treasury
still had supervisory control, for the act of Congress approved March 3, 1849, by
which the Department of the Interior was established, provided “That the Secretary
of the Interior shall perform all the duties in relation to the General Land Office, of
supervision and appeal, now discharged by the Secretary of the Treasury.” . * * *
By this act the General Land Office was transferred to the Department of the Inte-
rior, where it still remains. g
In 1855 a manual of instructions to surveyors-general was prepared, under the di-
rection of the Commissioner of the General Land Office, by John M. Moore, then
principal clerk of surveys, and the act of Congress approved May 30, 1862, provided
“That the printed manual of instructions relating to the public surveys, prepared at
the General Land Office, and bearing the date February twenty-second, eighteen
hundred and fifty-five, the instructions of the Commissioner of the General Land
Office, and the special instructions of the surveyor-general, when not in conflict with
said printed manual or the instructions of said Commissioner, shall be taken and
gº, to be a part of every contract for surveying the public lands of the United
à, LeS.
The instructions contained in this volume are issued under the authority given in
the clause in said act providing that “The instructions of the Commissioner of the
General Land Office “ ” * shall be taken and deemed to be a part of every con-
tract for surveying the public lands of the United States.”
The following comprise so much of the general laws relating to the survey of the
public domain as it is deemed necessary to incorporate in this volume, reference being
made by chapter and section to the codification of the Public Land Laws, prepared
pursuant to acts of Congress approved March 3, 1879, and June 16, 1880, and by sec-
tion number to the Revised Statutes of the United States.
SURVEYS OF THE PUBLIC LANDS. 579
C H A P T E R T W O.
THE GENERAL LAND OFFICE.
SEC. 32. The Commissioner of the General Land Office shall 1 \rform under the
direction of the Secretary of the Interior, all executive duties ap- -
pertaining to the surveying and sale of the public lands of the
United States, or in anywise respecting such public lands, and, also, such as relate to
private claims of lands, and the issuing of patents for all grants of land under the
authority of the Government. (R. S. 453.)
SEC. 35. All returns relative to the public lands shall be made to the Commissioner
of the General Land Office; and he shall have power to audit and
settle all public accounts relative to the public lands; and upon the . * *
Settlement of any such accounts he shall certify the balance, and
transmit the account with the vouchers and certificate to the First Comptroller of
the Treasury for his examination and decision thereon. (R. S. 456.)
SEC. 38. Upon the discontinuance of any surveying district the authority, powers
and duties in relation to the survey, resurvey, or subdivision of commissioner to perform
lands therein and all matters and things connected there with, as duties of surveyor-general.
previously exercised by the surveyor-general, shall be vested in *
and devolved upon the Commissioner of the General Land Office; and deputy survey-
ors or other agents under his direction shall have free access to any field-notes, maps,
records, and other papers, turned over to the authorities of any State pursuant to law,
for the purpose of making copies thereof, without charge of any kind. (R. S. 2219,
Duties of Commissioner.
2220.)
SEC. 45. The Commissioner shall approve all contracts for the Approval of surveying con-
survey of the public lands. (R. S. 2398.) traCtS.
SEC. 46. The instructions issued by the Commissioner of the Gen- commissioner', instrue.
eral Land Office not in conflict with law shall be deemed part of tions deemed part of con-
every contract for surveying the public lands. (R. S. 2399.) tract for surveying.
SEC. 61. The Commissioner, under the direction of the Secretary of the Interior, is
authorized to enforce and carry into execution every part of the power of commissioner to
public land laws not otherwise specially provided for. (R. S. 2478.) make resulations.
C H A P T E R T H R E E.
SURVEYS AND SURVEYORS.
SEC. 77. There shall be appointed by the President, by and with the advice and
consent of the Senate, a surveyor-general for the States and Terri-
tories herein named, embracing, respectively, one surveying district, ..."”
namely: Louisiana, Florida, Minnesota, Kansas, California, Nevada, º
Oregon, Nebraska and Iowa, Dakota, Colorado, New Mexico, Idaho, Washington,
Montana, Utah, Wyoming, Arizona. (R. S. 2207.)
SEC. 83. Every surveyor-general, while in the discharge of the
duties of his office, shall reside in the district for which he is ap-
pointed. (R. S. 2414.) - g
SEc. 84. Every surveyor-general shall, before entering on the duties of his office,
execute and deliver to the Secretary of the Interior a bond, with
good and sufficient security, for the penal sum of thirty thousand * *
dollars, conditioned for the faithful disbursement, according to law, of all publić
money placed in his hands, and for the faithful performance of the duties of his office;
and the President has discretionary authority io require a new bond and additional
security, under the direction of the Secretary of the Interior, for the lawful disburse-
ments of public moneys. (R. S. 2215, 2216.) g
SEc. 85. The commission of each surveyor-general shall cease and expire in four
years from the date thereof, unless sooner vacated by death, resig- paration arease
nation, or removal from office. (R. S. 2217.)
SEC. 86. Every surveyor-general, except where the President sees cause otherwise
to determine, is authorized to continue in the uninterrupted dis-
charge of his regular official duties after the day of expiration of ...º.º.º.
his commission and until a new commission is issued to him for the ...”
same office, or until the day when a successor enters upon the du-
ties of such office; and the existing official bond of any officer so acting shall be deemed
good and sufficient and in force until the date of the approval of a new bond to be
given by him, if recommissioned, or otherwise, for the additional time he may 80 Con-
tinue officially to act, pursuant to the authority of this section. (R. S. 2222.)
Residence of surveyor-gen-
ral
Bond of surveyor-general.
580 - SURVEY'S OF THE PUBLIC LANDS.
SEC. 87. Whenever the surveys and records of any surveying district are completed
the surveyor-general thereof shall be required to deliver over to
...º.º. the secretary of state of the respective States, including such sur-
*...** veys, or to such other officer as may be authorized to receive them,
all the field-notes, maps, records, and other papers appertaining to
Hand titles within the same; and the office of surveyor-general in every such district
shall thereafter cease and be discontinued. (R. S. 2218.9
SEC. 88. In all cases of discontinuance, as provided in the preceding section, the
authority, powers, and duties of the surveyor-general in relation to
* .tºº. ... the survey, resurvey, or subdivision of the lands therein, and all
*discontinuance. matters and things connected therewith shall be vested in and de-
:2219.) volved upon the Commissioner of the General Land Office. (R. S.
SEC. 89. Under the authority and direction of the Commissioner of the General
Land Office any deputy surveyor or other agent of the United States
o::::::::::::::: shall have free access to any such field-notes, maps, records, and
jº other papers for the purpose of taking extracts therefrom or making
copies thereof without charge of any kind; but no transfer of such
public records shall be made to the authorities of any State until such State has pro-
vided by law for the reception and safe-keeping of such public records and for the
sº of free access thereto by the authorities of the United States. (R. S. 2220,
:2221. tº
SEC. 90. Every surveyor-general shall engage a sufficient number of skillful survey-
- ors as his deputies, to whom he is authorized to administer the nec-
e...” “” essary oaths upon their appointments. He shall have authority to
frame regulations for their direction, not inconsistent with law or
the instructions of the General Land Office, and to remove them for negligence or mis-
conduct in office. - -
Second. He shall cause to be surveyed, measured, and marked, without delay, all
base and meridian lines through such points and perpetuated by such monuments,
and such other correction parallels and meridians as may be prescribed by law or by
instructions from the General Land Office in respect to the public lands within hio
surveying district, to which the Indian title has been or may be hereafter extinguished
Third. He shall cause to be surveyed all private land claims within his district
after they have been confirmed by authority of Congress, so far as may be necessary
to complete the survey of the public lands.
Fourth. He shall transmit to the register of the respective land offices within his
district general and particular plats of all lands surveyed by him for each land dis.
trict ; and he shall forward copies of such plats to the Commissioner of the General
Hand Office.
Fifth. He shall, so far as is compatible with the desk duties of his office, occasionally
inspect the surveying operations while in progress in the field, sufficiently to satisfy
himself of the fidelity of the execution of the work according to contract, and the
actual and necessary expenses incurred by him while so engaged shall be allowed;
and where it is incompatible with his other duties for a surveyor-general to devote
the time necessary to make a personal inspection of the work in progress, then he is
authorized to depute a confidential agent to make such examination, and the actual
and necessary expenses of such person shall be allowed and paid for that service, and
five dollars a day during the examination in the field; but such examination shall
not be protracted beyond thirty days, and in no case longer than is actually necessary;
and when a surveyor-general, or any person employed in his office at a regular salary,
is engaged in such special service, he shall receive only his necessary expenses in
addition to his regular salary. (R. S. 2223.)
SEc. 91. Every deputy surveyor shall enter into bond, with sufficient security, for
the faithful performance of all surveying contracts confined to
him ; and the penalty of the bond in each case shall be double the
•estimated amount of money accruing under such contract at the rate per mile stipu-
!ated to be paid therein. The sufficiency of the sureties to all such bonds shall be
approved and certified by the proper surveyor-general. (R. S. 2230.)
SEC. 92. The surveyors-general, in addition to the oath now authorized by law to
oath of deputy car. be administered to deputies on their appointment to office, shall re-
“Weyor. Quire each of their deputies, on the return of his surveys, to take
and subscribe an oath that those surveys have been faithfully and correctly executed
according to law and the instructions of the surveyor-general. (R. S. 2231.)
SEc. 93. The district attorney of the United States, in whose district any false, er-
suit on bond of deputy sur roneous, or fraudulent surveys have been executed, shall, upon
veyor; lieu oſ. the application of the proper surveyor-general, immediately insti-
fute suit upon the bond of such deputy, and the institution of such suit shall act as
a lien upon any property owned or held by such deputy or his Sureties at the time
such suit was instituted. (R. S. 2232.)
$ond of deputy burveyor.
SURVEYS OF TEIE PUBLIC LANDS. 58]{
SEC. 98. The President is authorized, in any case where he thinks the public in-
terest may require it, to transfer the duties of register and receiver puts, or ºne, and re-
in any district to the surveyor-general of the surveying district in ceiver performed by nº.
which such land district is located. (R. S. 2228.) - veyor-general. *
SEC. 99. The public lands shall be divided by north and south lines run according
to the true meridian, and by others crossing them at right angles, Rules of survey.
so as to form townships of six miles square, unless where the line of an Indian reser-
vation, or of tracts of land heretofore surveyed or patented, or the course of naviga-
ble rivers may render this impracticable; and in that case this rule must be departed
from no further than such particular circumstances require.
Second. The corners of the townships must be marked with progressive numbers
from the beginning, each distance of a mile between such corners must be also dis-
tinctly marked with marks different from those of the corners.
Third. The township shall be subdivided into sections, containing, as nearly as may
be, six hundred and forty acres each, by running through the same, each way, parallek
lines at the end of every two miles; and by making a corner on each of such lines,
at the end of every mile. The sections shall be numbered, respectively, beginning:
with the number one in the northeast section and proceeding west and east alternately
through the township with progressive numbers till the thirty-sixth be completed.
Fourth. The deputy surveyors, respectively, shall cause to be marked on a tree,
near each corner established in the manner described, and within the section, the
number of such section, and over it the number of the township within which such,
section may be ; and the deputy surveyors shall carefully note, in their respective,
field-books, the names of the corner trees marked and the numbers so made.
Fifth. Where the exterior lines of the townships which may be subdivided into sec-
tions or half sections exceed, or do not extend six miles, the excess or deficiency shalk
be specially noted, and added to or deducted from the western and northern ranges,
of sections or half sections in such townships, according as the error may be in run-
ning the lines from east to west, or from north to south; the sections and half sections,
bounded on the northern and western lines of such townships shall be sold as contain-
ing only the quantity expressed in the returns and plats, respectively, and all others,
as containing the complete legal quantity.
Sixth. All lines shall be plainly marked upon trees, and measured with chains, con-
taining two perches, of sixteen and one-half feet each, subdivided into twenty-five
equal iinks; and the chain shall be adjusted to a standard to be kept for that purpose.
Seventh. Every surveyor shall note in his field-book the true situations of all mines,
salt-licks, salt-springs, and mill-seats which come to his knowledge; all water-courses
over which the line he runs may pass; and also the quality of the lands.
Eighth. These field-books shall be returned to the surveyor-general, who shall
cause therefrom a description of the whole lands surveyed to be made out and trans-
mitted to the officers who may superintend the sales. He shall also cause a fair plat,
to be made of the townships and fractional parts of townships contained in the lands,
describing the subdivisions thereof and the marks of the corners. This plat shall be
recorded in books to be kept for that purpose; and a copy thereof shall be kept opera
at the surveyor-general’s office for public information, and other copies shall be sent,
to the places of the sale and to the General Land Office. (R. S. 2395.)
SEC. 100. The boundaries and contents of the several sections, poundarie, and contents
half sections, and quarter sections of the public lands shall be of pºlic lands, how ascer.
ascertained in conformity with the following principles: tained.
First. All the corners marked in the surveys returned by the surveyor-general,
shall be established as the proper corners of sections, or subdivisions of sections, which,
they were intended to designate; and the corners of half and quarter sections, not,
marked on the surveys, shall be placed as nearly as possible equidistant from two
corners which stand on the same line.
Second. The boundary lines, actually run and marked on the surveys returned by
the surveyor-general, shall be established as the proper boundary lines of the sections
or subdivisions for which they were intended, and the length of such lines as returned,
shall be held and considered as the true length thereof. And the boundary lines which
have not been actually run and marked shall be ascertained by running straight Hines
from the established corners to the opposite corresponding corners; but in those por—
tions of the fractional townships, where no such opposite corresponding corners have,
been or can be fixed, the boundary lines shall be ascertained by running from the
established corners due north and south or east and west lines, as the case may be, to
the yºurse. Indian boundary line, or other external boundary of such fractional
township.
* Each section or subdivision of section, the contents whereof have been re-
turned by the surveyor-general, shall be held and considered as containing the exact
quantity expressed in such return; and the half-sections and quarter-sections, thee
contents whereof shall not have been thus returned, shall be held and considered as
582 SURVEYS OF THE PUBLIC LANDS.
containing the one-half or the one-fourth part, respectively, of the returned contents
of the section of which they may make part. (R.S. 2396.
SEC. 101. In every case of the division of a quarter-section the line for the division
thereof shall run north and south, and the corners and contents of
half-quarter sections which may thereafter be sold shall be ascer-
tained in the manner and on the principles directed and prescribed
by the section preceding, and fractional sections containing one hundred and sixty
acres or upwards shall in like manner, as nearly as practicable, be subdivided into
half quarter-sections, under such rules and regulations as may be prescribed by the
Secretary of the Interior, and in every case of a division of a half-quarter section, the
line for the division thereof shall run east and west, and the corners and contents of
quarter-quarter sections, which may thereafter be sold, shall be ascertained, as nearly
as may be, in the manner and on the principles directed and prescribed by the section
preceding ; and fractional sections containing fewer or more than one hundred and
sixty acres shall in like manner, as nearly as may be practicable, be subdivided into
quarter-quarter sections, under such rules and regulations as may be prescribed by
the Secretary of the Interior. (R. S. 2397.)
SEC. 102. Whenever, in the opinion of the President, a departure from the ordinary
Variance i method of surveying land on any river, lake, bayou, or water-course
...'...". ** would promote the public interest, he may direct the surveyor-gen-
eral, in whose district such land is situated, and where the change
is intended to be made, to cause the lands thus situated to be surveyed in tracts of
two acres in width, fronting on any river, bayou, lake, or water-course, and running
back the depth of forty acres; which tracts of land so surveyed shall be offered for
sale entire, instead of in half-quarter sections, and in the usual manner, and on the
same terms in all respects as the other public lands of the United States. (R. S. 2407.)
Lines of division of half-
quarter sections, how run.
MINERAL LANDS.
SEC. 106. The public surveys shall extend over all mineral lands, and all subdivid-
& - ing of surveyed lands into lots less than one hundred and sixty
...º.º." acres may be done by county and local surveyors at the expense of
claimants ; but nothing in this section contained shall require the
survey of waste or useless lands. (R. S. 2406.)
SEC. 107. The printed manual of instructions relating to the public surveys, pre-
pared at the General Land Office, and bearing date February twenty-
a.º.º.º." second, eighteen hundred and fifty-five, the instructions of the
Commissioner of the General Land Office, and the special instruc-
tions of the surveyor-general, when not in conflict with such printed manual or the
instructions of the Commissioner, shall be taken and deemed to be a part of every
contract for surveying the public lands. (R. S. 2399.)
SEC. 111. Contracts for the survey of the public lands shall not become binding upon
the United States until approved by the Commissioner of the Gen-
tº eral Land Office, except in such cases as the Commissioner may
y otherwise specially order. (R. S. 2398.)
SEC. 112. The Commissioner of the General Land Office has power, and it shall be
- his duty to fix the prices per mile for public surveys, which shall in
a.º.º. ... no case exceed the maximum established by law ; and, under in-
:*::::::::::::... structions to be prepared by the Commissioner, an accurate account
“***** shall be kept by each surveyor-general of the cost of surveying
and plotting private land claims, to be reported to the General Land Office, with
the map of such claim ; and patents shall not issue for any such private claim, nor
shall any copy of such survey be furnished, until the cost of survey and platting
has been paid into the Treasury by the claimant or other party ; and before any land
granted to any railroad company by the United States shall be conveyed to such com-
pany or any persons entitled thereto, under any of the acts incorporating or relating
to said company, unless such company is exempted by law from the payment of such
cost, there shall first be paid into the Treasury of the United States the cost of sur-
veying, selecting, and conveying the same by the said company or persons in inter-
est. (R. S. 2400.)
INDIVIDUAL DEPOSIT SURVEYS.
SEC. 115. When the settlers in any township, not mineral or reserved by govern
Wh ..., ment, desire a survey made of the same, under the authority of the
bº.º.j surveyor-general, and file an application therefor in writing and-
deposit in a proper United States depository to the credit of the
United States, a sum sufficient to pay for such survey, together with all expenses in-
cident thereto, without cost or claim for indemnity on the United States, it may be
iawful for the surveyor-general, under such instructions as may be given him by the
Commissioner of the General Land Office, and in accordance with law, to survey such
SURVEYS OF TEIE PUBLIC LANDS. 583
township and make return thereof to the general and proper local land office, pro-
vided the township so proposed to be surveyed is within the range of the regular prog-
ress of the public surveys embraced by existing standard lines or bases for the town-
ship and subdivisional surveys. (R. S. 2401.)
SEC. 116. The deposit of money in a proper United States depository, under the pro-
visions of the preceding section, shall be deemed an appropriation
of the sums so deposited for the objects contemplated by that sec- ºft
tion, and the Secretary of the Treasury is authorized to cause the priation, &c.
sums so deposited to be placed to the credit of the proper appropria-
tions for the surveying service; but any excesses in such sums over and above the
actual cost of the surveys, comprising all expenses incident thereto, for which they
were severally deposited, shall be repaid to the depositors respectively. (R. S. 2402.)
SEC. 117. Where settlers make deposits in accordance with the provisions of section
one hundred and fifteen, the amount so deposited shall go in part
payment for their lands situated in the townships, the surveying of jº.;;.
which is paid for out of such deposits; or the certificates issued for of ſands, and areassignable.
such deposits may be assigned by indorsement and be received in
payment for any public lands of the United States entered by settlers under the pre-
emption and homestead laws of the United States, and not otherwise. (R. S. 2403.)
SEC. 118. Each surveyor-general, when thereunto duly authorized by law, shall
cause all confirmed private land claims within his district to be
accurately surveyed, and shall transmit plats and field-notes thereof ºrºlº.
to the Commissioner of the General Land Office for his approval. ...'..."..."
When publication of such surveys is authorized by law, the proof º
thereof, together with any objections properly filed, and all evidence submitted either
in support of or in opposition to the approval of any such survey, shall also be trans-
mitted to said Commissioner. (R. S. 2447.)
SEC. 120. Every person who in any manner, by threat or force, interrupts, hinders,
or prevents the surveying of the public lands, or of any private land
claim which has or may be confirmed by the United States, by the ... * *
persons authorized to survey the same, in conformity with the in- &
structions of the Commissioner of the General Land Office, shall be fined not less than
fifty dollars, nor more than three thousand dollars, and be imprisoned not less than
one nor more than three years. (R. S. 24.12.) -
SEC. 121. Whenever the President is satisfied that forcible opposition has been
offered, or is likely to be offered, to any surveyor or deputy surveyor -
in the discharge of his duties in surveying the public lands, it may nº.”
be lawful for the President to order the marshal of the State or dis-
trict, by himself or deputy, to attend such surveyor or deputy surveyor with sufficient
force to protect such officer in the execution of his duty, and to remove force should
any be offered. (R. S. 2413.)
SEC. 122. The President is authorized to appoint surveyors of public lands, who
shall explore such vacant and unappropriated lands of the United
States as produce the live-oak and red-cedar timbers, and shallse- ...º.º.º.
lect such tracts or portions thereof, where the principal growth is :::::::: oº sº.
of either of such timbers, as in the judgment of the Secretary of the
Navy may be necessary to furnish for the Navy a sufficient supply of the same. Such
surveyors shall report to the President the tracts by them selected, with the bound-
*". ºrtained and accurately designated by actual survey or water-courses. (R.
. 2459.)
APPOINTMENT OF DEPUTY SURVEYORS.
Sec. 2223 U. S. Revised Statutes provides that “Every surveyor-general shall engage
a sufficient number of skillful surveyors as his deputies, to whom he is authorized to
administer the necessary oaths upon their appoinntments. He shall have authority
to frame regulations for their direction, not inconsistent with law or the instructions
of the General Land Office, and to remove them for negligence or misconduct in office.”
Each surveyor-general should exercise great care in the appointment of deputy
surveyors, and should thoroughly satisfy himself, before making such appointments,
that the applicants possess the proper theoretical and practical qualifications, as well
as to their moral standing and fitness for the important trusts to be confided to them.
Commissions will be issued to deputy surveyors as follows:
I'orm of commission.
The United States of America.
To all to whom these presents shall come, greeting:
Know ye, that, reposing special trust and confidence in the integrity, ability, and
discretion of , I do appoint him to be deputy surveyor of the United
584 SURVEYS OF THE PUBLIC LANDS.
States for the district of , and do authorize and empower him to execute and
fulfill the duties of that office according to law, and to hold the said office with all the
rights and emoluments thereunto legally appertaining to him, the said *
during the pleasure of the surveyor-general of the United States for the district of
for the time being.
In testimony whereof I have hereunto affixed my signature.
Given under my hand at , the – day of , 18–, in the year of our
Lord one thousand eight hundred and , and of the Independence of the United
States of America the one hundred and e &
s
United States Surveyor-General for
The deputy surveyor will acknowledge in writing to the surveyor-general the re-
ceipt of such commission, stating in such letter that he accepts the same. He must
also transmit, with such letter, his official oath, duly subscribed and sworn to, as fol-
lows: w
Oath prescribed to be taken by all persons in the public service, by act of Congress approved
July 2, 1862.
I, , do solemnly swear that I have never voluntarily borne arms against
the United States since I have been a citizen thereof; that I have voluntarily given
no aid, countenance, counsel, or encouragement to persons engaged in armed hostility
thereto; that I have neither sought nor accepted nor attempted to exercise the func-
tions of any office whatever under any authority or pretended authority in hostility to
the United States; that I have not yielded a voluntary support to any pretended Gov-
ernment, authority, power or constitution within the United States hostile or inimical
thereto. And I do further swear that, to the best of my knowledge and ability, I
will support and defend the Constitution of the United States against all enemies,
foreign and domestic; that I will bear true faith and allegiance to the same; that I
take this obligation freely, without any mental reservation or purpose of evasion;
and that I will well and faithfully discharge the duties of the office on which I am
about to enter. So help me God.
—. [SEAL. I
Subscribed and sworn to before me at , county of y of y
this — day , 18–.
— —,
* >
A full record of all commissions issued, together with letters of acceptance and
official oaths, must be carefully filed in the office of the surveyor-general. Thereafter
the deputy surveyor will execute in duplicate, and forward to the surveyor-general,
his official bond (one copy of which will be forwarded by the surveyor-general to the
Commissioner of the General Land Office), in accordance with the following form:
Form of bond.
Know all men by these presents that we, , of , as principal, and
, O 5 of 3. O , and ——
—, of ——, as sureties, are held and firmly bound unto the United States of
America, in the sum of thousand dollars, lawful money of the United States,
for which payment, well and truly to be made, we bind ourselves, our heirs, executors
and administrators, and each and every one of us and them, jointly and severally,
firmly by these presents.
Signed with our hand and sealed with our seals this day of
The condition of the above obligation is such that if the above bounden
during the time for which his appointment as deputy surveyor, under 3.
surveyor-general of the United States for , may continue, shall well, truly, and
faithfully, according to the laws of the United States, the printed manual of survey-
ing instructions and other surveying instructions issued, or which may hereafter be
issued, by the Commissioner of the General Land Office, and with such special instruc-
tions as he may receive from the surveyor-general in conformity there with, make and
execute the surveys which are required of him to be made by each and every contract
which has been or shall be entered into by him as such deputy surveyor, and return
the true field-notes of the said surveys to the surveyor-general in the manner and
, 18–.
* ..
SURVEYS OF TEIE PUBLIC LANDS. 585.
within the period named in the said contracts respectively, then this obligation to be
void, or otherwise it shall remain in full force and virtue. ',
Signed, sealed, and acknowledged before us:
3. — — . [SEAL.]
Residence, — — . [SEAL. J
ºmºsº y — —. [SEAL.]
Residence, — — . [SEAL.]"
e — — . [SEAL.]
Affidavits of sureties.
of y
County of , 88 :
I, , one of the sureties on the official bond of , United
States deputy surveyor for the district of , dated the – day of – , 18—, do
depose and say that I am worth, in unencumbered property, not exempt from execu-
tion under the laws of , the sum of thousand dollars and upwards, after
payment of my just debts and liabilities.
[SEAL.]
P. O. address:
Subscribed and sworn to before me this — day of , 18–.
of
Cownty of ——, 88 :
I, -, one of the sureties on the official bond of , United
States deputy surveyor for the district of , dated the – day of , 18—, do.
depose and say that I am worth, in unencumbered property, not exempt from execu-
tion under the laws of — , the sum of thousand dollars and upwards, after
payment of my just debts and liabilities.
— —. ISEAL.T
P. O. address:
Subscribed and sworn to before me this — day of , 18–.
— of y
Cownty of , 88 :
I, , one of the sureties on the official bond of , United
States deputy surveyor of the district of , dated the – day of , 18—, do.
depose and say that I am worth, in unencumbered property, not exempt from exécu-
tion under the laws of , the sum of thousand dollars and upwards, after
payment of my just debts and liabilities.
— —. [SEAL.]
P. O. address:
Subscribed and sworn to before me this day of , 18—.
of y
County of ——, 88 :
I, , one of the sureties on the official bond of — , United
States deputy surveyor for the district of , dated the – day of , 18—, do
depose and say that I am worth, in unencumbered property, not exempt from execu-
tion under the laws of , the sum of thousand dollars and upwards, after
payment of my just debts and liabilities.
gºmºsºmsºmº, [SEAL.]
P. O. address: *
Subscribed and sworn to before me this — day of , 18–.
Certificate.
I , hereby certify that, in my opinion, the sureties to the above bond
are sufficient, and I hereby approve the same.
U. S. Surveyor-General for –––.
1. The bond must be dated the date it is signed by all the parties thereto.
2. The names of all the parties executing the bond and of the witnesses thereto
must be written in full.
3. The affidavits of sureties must be made before some officer (preferably an officer
of the United States) duly authorized to administer oaths.
586 SURVEYS OF THE PUBLIC LANDS.
4. The sufficiency of sureties must be certified to by the surveyor-general.
5. All erasures, mutilations, and interlineations must be avoided.
6. The amount of bond must be at least double the estimated amount that will be
due to the deputy surveyor upon the completion of the first contract made under the
same; and whenever the estimated amount that will be due the deputy surveyor on any
contract or contracts under any bond shall equal one-half the sum named in such bond,
subsequent contracts must be made under a new bond, e.g., the bond being for $30,000,
and the deputy surveyor having had three contracts of $5,000 each, under such bond,
if a further contract is given him, he must execute a new bond to cover same and sub-
sequent contracts.
The deputy surveyor having been duly commissioned, and his letter of acceptance,
oath of office, and official bond filed in the surveyor-general’s office, contracts for sur-
veys may then be entered into between the surveyor-general and such deputy sur-
veyor, in accordance with the following form:
Form of contract.
This agreement made this — day of ——, 18–, by and between —— 7
surveyor-general of the United States for , acting for and in behalf of the United
States, of the one part, and , deputy surveyor, of the other part (a bond
for the faithful performance of this and other contracts having been executed by the
said ——, deputy Surveyor, as principal, and 3. , a.S
sureties, and dated the – day of —, 18–), witnesseth :
That the said ——, for and in consideration of the conditions, terms, pro-
visions, and covenants hereinafter expressed, and according to the true intent and
meaning thereof, doth hereby covenant and agree with the said —— —, in his
capacity aforesaid, that he, the said , in his own proper person, with the
assistance of such compassmen, chainmen, axmen, flag-bearers, and others as may
be necessary, in strict conformity with the laws of the United States, the printed
manual of surveying instructions, and other surveying instructions issued by the
‘Commissioner of the General Land Office, and with such special instructions as he may
receive from the surveyor-general in conformity there with (all of said instructions be-
ing hereby incorporated with and made a part of this contract), will well, truly, and
faithfully survey, mark, and establish , or such other lines of survey as
he may be authorized to substitute for those named above, in accordance with instruc-
tions and subject to the approval of the surveyor-general and the Commissioner of the
'General Land Office, and that he will complete these surveys in the manner aforesaid,
and return the true field-notes thereof to the office of the said surveyor-general, on or
before the -— day of , 18—, on penalty of forfeiture and paying to the United
States the sum of dollars, lawful money of the United States (being double the
estimated amount which would be due by the United States to the said
upon the completion of the surveys named in this contract), if default be made in
any of the foregoing conditions. .
And it is further expressly stipulated and made a condition of this contract, that
the surveys herein described shall not be commenced before the – day of 3
18—, or before said shall have been officially notified by the surveyor-
general of the approval of this contract by the Commissioner of the General Land
Office.
And the said , in his official capacity aforesaid, covenants and agrees
with the said , that on the completion of the surveys above named, in
manner aforesaid, there shall be paid to the said , by the Treasury’De-
partment of the United States, as a full compensation for all work performed under
this agreement, at the rate of dollars for base, standard, meridian, and meander
lines, dollars for township lines, and dollars for section lines, except
where the lines of survey pass over mountainous lands, or lands heavily timbered, or
covered with dense undergrowth, and in such case at the rate of dollars for
base, standard, meridian, and meander lines, dollars for township lines, and
dollars for section lines, per mile, for every mile and part of a mile actually
run and marked in the field, random lines and offsets not included. A.
It is further agreed by and between the parties to this agreement that no account
shall be paid unless properly certified by , in his official capacity afore-
said (or by his successor in office in such official capacity), that the surveys are in ac-
cordance with the instructions herein referred to and the provisions of this agreement,
and until approved plats and certified transcripts of field-notes of the surveys for
which the accounts are rendered are filed in the General Land Office.
And it is further understood and agreed by and between the parties to this agree-
ment that the said surveys will not be approved by the said -----—, in his official
capacity aforesaid (or by his successor in office in such official capacity), unless they
shall be found to be in exact accordance with the instructions hereinbefore specified.
Provided, also, That no member of Congress, or subcontractor, shall have any part or
SURVEYS OF THE PUBLIC LANDS. 587
interest in this contract. and that no payment shall be made for any surveys not ex-
ecuted by the said deputy surveyor, , in his own proper person. -
In testimony whereof the parties to these articles of agreement have hereunto set
their hands and seals, the day and year and place specified, as follows:
The surveyor-general at , county of y Of , the – day of
The deputy surveyor at , county of 7 of , the – day of
, 18—.
--> , [SEAL.]
United States Surveyor-General for
, [SEAL.]
United States Deputy Surveyor.
Signed, sealed, and acknowledged before us: -
Witnesses to surveyor-general’s signature:
3.
Residence, 5
Residence,
Witnesses to deputy surveyor's signature:
Residence,
Residence,
1. Where both parties sign the contract on the same day it will be dated that day.
2. Where parties sign the contract on different days it will be dated the day when
the last signature is affixed. * - -
3. The names of the surveyor-general, deputy surveyor, Sureties, and witnesses must
be written in full, and the residence of witnesses written after their signatures.
4. A full description of the surveys embraced in the contract must be written in the
blank space left for that purpose. - -
5. When contract is made under the appropriation for public surveys, the date when
surveys are required to be completed and field-notes returned shall not be later than the
end of the fiscal year for which appropriation is made; and the date when surveys
can be commenced shall not be earlier than the commencement of such fiscal year,
except in cases where the appropriation is made immediately available.
6. The rates named in contract must not exceed those fixed by law.
7. The signatures of the surveyor-general and of the deputy surveyor must each be
witnessed by two persons.
8. All erasures, mutilations, and interlineations must be avoided.
The substitution provided for in above form of contract is to be made only in cases
where townships or portions of townships included in the contract for subdivision
are found to be unsurveyable under instructions; and in such cases other townships
which are surveyable may be substituted, preference being given to those upon which
settlement has been made, or toward which settlement is tending.
In case the deputy finds it necessary to make such substitution, he must forward to
the surveyor-general a written report of same at the earliest practicable date. Such
report must state fully all of the circumstances of the case and the reasons for substi-
tution, and if subsequent investigation should prove that the substitution was un-
Inecessary and should not have been made, payment for the survey of such substi-
tuted townships will not be made.
SYSTEM OF RECTANGULAR SURVEYING.
1. The public lands of the United States are ordinarily surveyed into rectangular
tracts, bounded by lines conforming to the cardinal points.
2. The public lands shall be laid off, in the first place, into bodies of land of 24
miles square, as near as may be. This shall be done by the extension of standard
lines from the principal meridian every 24 miles, and by the extension, from the base
and standard lines, of auxiliary meridians every 24 miles. Thereafter they shall be
laid off into bodies of land of 6 miles square, as near as may be, called townships, con-
taining as near as may be 23,040 acres. The township shall be subdivided into 36
traets, called sections, each containing as near as may be 640 acres. Any number or
series of contiguous townships, situate north or south of each other, constitute a
7-affège.
The law requires that the lines of the public surveys shall be governed by the true
meridian, and that the townships shall be gia, miles square—two things involving in
connection a mathematical impossibility—for, strictly to conform to the meridian,
588 SURVEYS OF THE PUBLIC LANDS.
necessarily throws the township out of square, by reason of the convergency of
meridians, and hence, by adhering to the true meridian, results, the necessity of de-
parting from the strict requirements of law, as respects the precise area of townships
and the subdivisional parts thereof, the township assuming something of a trape-
zoidal form, which inequality develops itself more and more as such, the higher the
latitude of the surveys. It is doubtless in view of these circumstances that the law
provides (see section 2 of the act of May 18, 1796) that the Sections of a mile square
shall contain the quantity of 640 acres, as nearly as may be , and, moreover, provides
(see section 3 of the act of May 10, 1800) in the following Words: “And in all cases
where the exterior lines of the townships, thus to be subdivided into sections or half
sections, shall exceed, or shall not extend 6 miles, the excess or deficiency shall be
specially noted, and added to or deducted from the Western or northern ranges of
sections or half sections in such township, according as the error may be in running
the lines from east to west, or from south to north; the Sections and half sections
bounded on the northern and western lines of such townships shall be sold as con-
taining only the quantity expressed in the returns and plats, respectively, and all
others as containing the complete legal quantity.”
The accompanying diagram, marked A, and the specimen field-notes pertaining to
the same, will serve to illustrate the method of running lines to form tracts of land
24 miles square, as well as the method of running out the exterior lines of townships,
and the order and mode of subdividing townships will be found illustrated in the ac-
companying specimen field-notes, conforming with the township diagram B. The
method here presented is designed to insure as full a compliance with all the require-
ments, meaning, and intent of the surveying laws as, it is believed, is practicable.
The section lines are surveyed from south to north on true meridians, and from east
to west, in order to throw the excesses or deficiencies in measurements on the north
and west sides of the township, as required by law. In case where a township has
been partially surveyed, and it is necessary to complete the Survey of the same, or
where the character of the land is such that only the north or west portions of the
township can be surveyed, this rule caunot be strictly adhered to, but, in such cases,
must be departed from only so far as is absolutely necessary. It will also be neces-
sary to depart from this rule where surveys close upon State or Territorial boundaries,
or upon surveys extending from different meridians.
3. The townships are to bear numbers in respect to the base line, either north or
south of it; and the tiers of townships called “ranges” will bear numbers in respect
to the meridian line according to their relative position to it, either on the east or
WeSt. º
4. The thirty-six sections into which a township is subdivided are numbered, com-
mencing with number one at the northeast angle of the township, and proceeding west
to number six, and thence proceeding east to number twelve, and so on, alternately,
until the number thirty-six in the southeast angle. In all cases of surveys of frac-
tional townships, the sections should bear the same numbers as they would if the
township was full.
5. Standard parallels shall be established at intervals of every 24 miles, north and
south of the base line, and auxiliary meridians at intervals of every 24 miles, east
and west of the principal mer.dian; the object being to confine the errors resulting
from convergence of meridians, and inaccuracies in measurements, within the tracts
of lands bounded by the lines so established.
6. The survey of all principal base and meridian, standard parallels, and auxiliary
meridian, and township lines must be made with an instrument operating independ-
ently of the magnetic needle. Burt's improved solar compass, or other instrument of
equal utility, must be used of necessity in such cases; and it is deemed best that
such instrument should be used under all circumstances. Where the needle can be
relied on, however, the ordinary compass may be used in subdividing and meander-
ing. Whenever deputies use instruments with magnetic apparatus only, they must
test the accuracy of their work and the condition of their instruments by at least
three observations upon a circumpolar star, upon different days, between the com-
mencement and the close of surveying operations in any given township. Deputies
using instruments with solar apparatus are not required to make observations of the
star Polaris, but they must test their instruments by taking the latitude daily, weather
permitting, in running base, standard, meridian, and range lines, and upon three
different days during the execution of subdivisional surveys in each township. They
must make complete records in their field-notes, under proper dates, of the making of
all observations in compliance with these instructions, showing the style and condi-
tion of the instrument in use, and the angle formed, by comparing the line run with
the meridian as by observation determined.
7. The construction and adjustments of all surveying instruments used in the sur-
veying of the public lands of the United States must be tested at least once a year,
and oftener if necessary, by comparison with the true meridian, established under
the direction of the surveyor-general of the district; and the instruments must be
SURVEYs of THE PUBLIC LANDs. 589
so modified in construction, or in such a way corrected, as may be necessary to pro-
duce the closest possible approximation to accuracy and uniformity in the operation
of all such instruments. A record will be made of such examinations, showing the
number and style of the instrument, name of the u aker, the quantity of instrumental
error discovered by comparison, in either solar or magnetic apparatus, or both, and
means taken for correction. The surveyor-general wiM allow no surveys to be made
until the instruments to be used therefor have been approved by him.
8. The township lines and the subdivision lines will usually be measured by a two-
pole chain of 33.03 feet in length, consisting of 50 links, and each link being 7 inches
and ninety-two hundredths of an inch long. On uniform and level ground, however,
the four-pole chain may be used. The measurements will, however, always be repre-
sented according to the four-pole chain of 100 links. The four-pole chains must be
adjusted to lengths of 66.06 feet. The object in adding six-hundredths of a foot to
the 66 feet of a four-pole chain is to assure thereby that 66 feet will be set off upon
the earth’s surface without the application of a greater strain than about 20 pounds
by the chainmen, thus providing for loss by vertical curvature of the chain, and at
the same time avoiding the uncertain results attending the application of strains tax-
ing its elasticity. The deputy surveyor must provide himself with a measure of the
standard chain kept at the office of the surveyor-general, to be used by him as a field
standard. The chain in use must be compared and adjusted with this field standard
each working day, and such field standard must be returned to the surveyor-general’s
office for examination when his work is completed.
OF TALLY PINS.
9. You will use eleven tally pins made of steel, not exceeding 14 inches in length,
weighty enough toward the point to make them drop perpendicularly, and having a
ring at the top, in which is to be fixed a piece of red cloth, or something else of con-
spicuous color, to make them readily seen when stuck in the ground.
PROCESS OF CHAINING.
10. In measuring lines with a two-pole chain, every five chains are called “a tally”;
and in measuring lines with a four-pole chain, every ten chains are called “a tally,” be-
cause at that distance the last of the ten tally pins with which the forward chainman
set out will have been struck. He then cries “tally ”; which cry is repeated by the
other chainman, and each registers the distance by slipping a thimble, button, or ring
of leather, or something of the kind, on a belt worn for that purpose, or by some other
convenient method. The hind chainman then comes up, and having counted in the
presence of his fellow the tally pins which he has taken up, so that both may be as-
sured that none of the pins have been lost, he then takes the forward end of the chain,
and proceeds to set the pins. Thus the chainmen alternately change places, each set-
ting the pins that he has taken up, so that one is forward in all the odd, and the other
in all the even, tallies. Such procedure, it is believed, tends to insure accuracy in
measurement, facilitates the recollection of the distances to objects on the line, and
renders a mistally almost impossible. º
LEVELING THE CHAIN AND PLUMBING THE PINS.
11. The length of every line you run is to be ascertained by precise horizontal meas-
urement, as nearly approximating to an air line as is possible in practice on the
earth's surface. This all-important object can only be attained by a rigid adherence
to the three following observances:
1: Ever keeping the chain 8tretched to its utmost degree of tension on even ground.
2. On uneven ground, keeping the chain not only stretched as aforesaid, but hori-
zontally leveled. And, when ascending and descending steep ground, hills, or mount-
ains, the chain will have to be shortened to one-half its length (and sometimes more),
in order accurately to obtain the true horizontal measure.
3. The careful plumbing of the tally pins, so as to attain precisely the spot where
they should be stuck. The more uneven the surface, the greater the caution needed
to set the pins.
MARKING LINES.
12. All lines on which are to be established the legal corner boundaries are to be
marked after this method, viz: Those trees which may intercept your line must have
two chops or notches cut on each side of them without any other marks whatever.
These are called “sight trees” or “line trees.” A sufficient number of other trees stand-
ing within 50 links of the line, on either side of it, are to be blazed on two sides diag-
$530 SURVEY'S OF THE PUBLIC LANDS.
onally, or quartering toward the line, in order to render the line conspicuous, and
readily to be traced, the blazes to be opposite each other, coinciding in direction with
the line where the trees stand very near it, and to approach nearer each other the
farther the line passes from the blazed trees. Due care must ever be taken to have
the lines so well marked as to be readily followed, and to cut the blazes deep enough
to have recognizable scars as long as the trees stand.
Where trees 2 inches or more in diameter are found, the required blazes must not
be omitted.
Bushes on or near the line should be bent at right angles there with, and receive a
blow of the ax at about the usual height of blazes from the ground sufficient to leave
them in a bent position, but not to prevent their growth.
ON TRIAL, OR RANDOM LINES,
the trees are not to be blazed, unless occasionally, from indispensable necessity, and
then it must be done so guardedly as to prevent the possibility of confounding the
marks of the trial line with the true. But bushes and limbs of trees may be lopped,
and stakes set on the trial or random line, at every ten chains, to enable the surveyor
on his return to follow and correct the trial line and establish therefrom the true line.
To prevent confusion the temporary stakes set on the trial or random lines must be
pulled up when the surveyor returns to establish the true line.
INSUPERABLE OBJECTS ON LINE–WITNESS POINTS.
13. Under circumstances where your course is obstructed by impassable obstacles,
such as ponds, swamps, marshes, lakes, rivers, creeks, &c., you will prolong the line
across such obstacles by taking the necessary right angle offsets; or, if such be incon-
venient, by a traverse or trigonometrical operation, until you regain the line on the
opposite side. And in case a north and south, or a true east and west, line is regained
in advance of any such obstacle, you will prolong and mark the line back to the ob-
stacle so passed, and state all the particulars in relation thereto in your field-book.
And at the intersection of lines with both margins of impassable obstacles, you willes-
tablish a witness point (for the purpose of perpetuating the intersections there with),
by setting a post, and giving in your field-book the course and distance therefrom to
two trees on opposite sides of the line, each of which trees you will mark with a blaze
and notch facing the post; but on the margins of navigable water-courses, or navi-
gable lakes, you will mark the trees with the proper number of the fractional section,
township, and range.
35. The best marking tools adapted to the purpose must be provided for marking
neatly and distinctly all the letters and figures required to be made at corners, arabic
figures being used exclusively; and the deputy is always to have at hand the neces-
sary implements for keeping his marking irons in order.
ESTABLISHING CORNERS.
To procure the faithful execution of this portion of a surveyor's duty is a matter of
the utmost importance. After a true coursing and most exact measurements the es-
tablishment of corners is the consummation of the work. If, therefore, the corner be
Inot perpetuated in a permanent and workmanlike manner the great aim of the sur-
veying service will not have been attained.
The following are the different points for perpetuating corners, viz:
1. For township boundaries, at intervals of every 6 miles.
2. For section boundaries, at intervals of every mile, or 80 chains.
3. For quarter-section boundaries, at intervals of every half mile, or 40 chains.
Exceptions, however, occur, as fully set forth hereafter in that portion of the manual
showing the manner of running township lines and method of subdividing.
4. Meander corners are established at all those points where the lines of the public
surveys intersect the banks of such rivers, bayous, lakes, or islands as are by law.
directed to be meandered.
DESCRIPTION OF CORNERS.
The following is the form and language to be used by deputy surveyors in describ-
ing the establishment of corners in their field-notes, and their work in the field must
strictly comply with the same:
STANDARD TOWNSHIP CORNERS.
stone with Pits and SEC. 1. Set a -stone —X—X—ins. – ins. in the ground, for
Mound. Standard Cor. to (e.g.) Tps. 5 N., R's 2 & 3 W., marked S.C. with
6 notches on N., E. & W. edges, dug pits 24×18×12 ins. crosswise on each line, N.,
SURVEY'S OF THE PUBLIC LANDS. 59].
E. & W. of stone 6 ft. dist. and raised a mound of earth, 23 ft. high, 5 ft. base along-
side.
SEC. 2. Set a -stone —X—X—ins. – ins. in the ground, for Stone with Mound of
Standard Cor. to (e. g.) Tps. 5 N., R's 2 & 3 W., marked S. C., with **
6 notches on N., E. & W. edges, and raised a mound of stone alongside. Pits im-
practicable.
SEC. 3. Set a -stone — X—X—ins. – ins. in the ground, for stone with Bearins.
Standard Cor. to (e. g.) Tps. 5 N., R's 2 & 3 W., marked S.C., with Trees.
6 notches on N., E & W. edges, from which -
A —, -ins. diam. bears N —9 E. — liks., dist. marked T. 5 N. R. 2 W. S. 31, B. T.
A —, -ins. diam., bears N. —9 W. —lks., dist. marked T. 5 N. R. 3 W. S. 36, B. T.
A —, -ins. diam., bears S —9 W. — lks. dist. marked T. 4 N. R. 3 W. S. 1, B. T.
SEC. 4. Set a post, 43 ft. long, 4 ins. Square, with marked stone
(charred stake or quart of charcoal), 12 in S. in the ground, for
Standard Cor. to (e.g.) Tps. 5 N., R.'s 2 & 3 W., marked S. C. T. 5.N. on N.
R. 2 W. S. 31, on E. and
R. 3 W. S. 36 on W. faces, with 6 notches on N., E. & W. faces, dug pits, 24×18×
12 ins. crosswise on each line, N., E. & W. of post, 6 ft. dist. and raised a mound of
earth 23 ft. high, 5 ft. base, around post.
SEC. 5. Set a post, 43 ft. long, 4 ins. Square, 24 ins. in the ground, post with bearins.
for Standard Cor. to (e.g.) TDs. 5 N., R's 2 & 3 W. marked Trees.
S. C. T., 5 N. On N.
R. 2 W. S. 31, on E. and ..
R. 3 W. S. 36 on W. faces, with 6 notches on N., E. & W. faces; from which
A —, -ins. diam., bears N —9 E. — lks., dist. marked T. 5 N. R. 2 W. S. 31, B. T.
A —, -ins. diam., bears N —9 W. — liks., dist. marked T. 5 N. R. 3 W. S. 36, B. T.
A —, -ins. diam., bears S – o W. — liks., dist. marked T. 4 N. R. 3 W. S. 1, B. T.
SEC. 6. Deposited a marked stone (charred stake or quart of char- Mound without post or
coal) 12 ins. in the ground, for Standard Cor. to (e.g.) TPs. 5 N., Stone.
R’s 2 & 3 W., dug pits. 24×18×12 ins. crosswise on each line, N., E. & W. of cor., 6.
ft. dist. and raised a mound of earth 24 feet high, 5 ft. base, over it. In E. pit drove
a stake 2 ins. square, 2 ft. long, 12 ins. in the ground, marked
S. C. T. 5 N. On N.
R. 2 W. S. 31, on E. and
Post in Mound.
R. 3 W. S. 36 on W. faces, with 6 notches on N., E. & W. faces.
SEC. 7. A–, — ins. diam., which I marked (e.g.) Tree Corner without
S. C. T. 5 N. On N. Bearing Trees.
R. 2 W. S. 31, on E. and
R. 3 W. S. 36 on W. faces, with 6 notches on N., E. & W. faces, dug pits 24×18x12
ins. Crosswise on each line, N., E. & W. of tree 6 ft. dist., and raised a mound of earth.
round tree, for Standard Cor. to Tps. 5 N., R's 2 & 3 W.
SEC. 8. A —, -ins. diam., which I marked (e.g.) Tree Corner with Beare.
T. 5 N. S. C. On N. ing Trees.
R. 2 W. S. 31, on E. and
R. 3 W. S. 36 on W. faces, with 6 notches on N., E. & W. faces, for Standard Cor.
to Tps. 5 N., R's 2 & 3 W.; from which
A—, —ins. diam., bears N–9 E. —lks. dist. marked T. 5 N. R. 2 W. S. 31, B. T.
A—, – ins. diam., bears N —9 W. —lks. dist. marked T. 5 N. R. 3 W., S. 36, B. T.
A —, -ins. diam., bears S — 9 W. —lks. dist. marked T. 4 N. R. 3 W. S. 1, B. T.
CLOSING TOWNSHIP CORNIERS.
SEC. 1. Set a -stone — X — X — ins. – ins. in the ground for stone with Pits and
Closing Cor. to (e.g.) TDs. 4 N., R's 2 & 3 W., marked C. C. with 6 Mound.
notches on S. E. & W. edges, dug pits, 24×18×12 ins., crosswise on each line, S., E.
º: of stone, 6 ft. dist., and raised a mound of earth, 24 ft. high, 5 ft. base along-
S1(162.
SEC. 2. Set a - stone — X – X – ins. --ins. in the ground for stone with Mound and
Closing Cor. to (e.g.) Tps. 4 N., R's 2 & 3 W., marked .C. C. with 6 stone.
* on S. E. & W. edges, and raised a mound of stone alongside. Pits impracti-
Cà, Ole.
SEC. 3. Set a -stone — X – X – ins. – ins. in the ground for
Closing Cor. to (e. g.) Tps. 4 N., R's 2 & 3 W., marked C. C. with 6
notches on S., E., & W. edges; from which
Stone with Bearing Trees.
A—, — ins. diam. bears S – 9 E. — Iks. dist. marked T. 4 N. R. 2 W. S. 6, B. T.
A—, — ins. diam. bears S – 9 W. — lks. dist. marked T. 4 N. R. 3 W. S. 1, B. T.
A—, —ins. diam. bears N–9 W. — lks. dist. marked T. 5 N. R. 2 W. S. 31, B. T.
SEC. 4. Set a post, 4% ft. long, 4 ins. Square, with marked stone
(charred stake or quart of charcoal) 12 ins. in the ground for Clos-
ing Cor. to (e. g.) Tps. 4 N., R's 2 & 3 W., marked
É. C. T. 4 N. on S.
Post in Mound.
3592 SURVEYS OF THE PUBLIC LANDS.
R. 2 W. S. 6, on E. and a
R. 3 W. S. 1 on W. faces, with 6 notches on S., E., & W. faces, dug pits 24 × 18 ×
12 ins., crosswise on each line, S., E., & W. of post, 6 ft. dist., and raised a mound of
‘earth 23 ft. high, 5 ft. base around post.
Post with Bearing Trees SEC. 5. Set a post, 4} ft. long, 4ins, square, 24ins, in the ground,
*** for Closing Cor. to (e.g.) Tps. 4 N., R's 2 & 3 W., marked
C. C. T. 4 N, on S.
R. 2 W. S. 6, on E. and - -
R. 3 W. S. 1 on W. faces, with 6 notches on S., E. & W. faces; from whic
A —, -ins. diam. bears S — 9 E. — liks. dist, marked T. 4 N. R. 2 W. S. 6, B. T.
A —, -ins. diam. bears S – 9 W. — lks. dist, marked T. 4 N. R. 3 W. S. 1, B.T.
A—, – ins. diam. bears N —9W. — lºs. dist. marked T. 5 N. R. 2 W. S. 31, B. T.
Mound without post or SEC. 6. Deposited a marked stone (charred stake or quart of
*Stone, charcoal) 12 ins. in the ground for Closing Cor. to (e.g.) Tos. 4
N., R's 2 & 3 W., dug pits 24 × 18 × 12 ins, crosswise on each line, S., E., & W. of
corner, 6 ft. dist., and raised a mound of earth 23 ft. high, 5 ft. base, over it. In E.
pit drove a stake 2 ins. square, 2 ft. long, 12 ins. in the ground, marked
C. C. T. 4 N. On S.
R. 2 W. S. 6, on E. and -
R. 3 W. S. 1 on W. faces, with 6 notches on S., E. & W. faces.
Tree corner without bear. SEC. 7. A — — ins: diam., which I marked (e. g.)
ling Trees. C. C. T. 4 N. On S.
R. 2 W. S. 6, on E. and
R. 3 W. S. 1 on W. faces, with 6 notches on S., E. & W. faces, dug pits 24 × 18 ×
12 ins. Crosswise on each line S. E. & W. of tree, 6 ft. dist. and raised a mound of
earth around tree, for Closing Cor. to Tps. 4 N. R.'s. 2 & 3, W.
Tree corner with Bearing SEC. 8. A -, -ins. diam., which I marked (e. g.)
*Trees. C. C. T. 4 N. On S.
R. 2 W. S. 6, on E. and
R. 3 W. S. 1 on W. faces, with 6 notches on S., E. & W. faces for Closing Cor. to
Tps. 4 N., R's 2 & 3 W.; from which
A —, -ins. diam. bears S – 9 E. – IKs. dist. marked T. 4 N. R. 2 W. S. 6, B. T.
A —, -ins. diam. bears S – 9 W. — liks. dist. marked T. 4 N. R. 3 W. S. 1, B. T.
A —, -ins. diam. bears N – 9 W. — liks. dist. marked T. 5 N. R. 2 W. S. 31, B. T.
SEC. 9. All Closing Township Corners must be connected with the nearest corner
on the Standard line.
STANDARD SECTION CORNERS.
stone with Pits and SEC. 1. Set a -stone — X — ins., in the ground, for Standard
Mound. Cor.to (e.g.) Secs. 35 & 36, marked S. C., with 1 notch on E. and 5
notches on W. edges, dug pits, 18X18×12 ims., N., E. & W. of stone, 54 ft. dist., and
raised a mound of earth, 2 ft. high, 4% ft. base alongside.
stone with Mound of SEC. 2. Set a -stone — X – X – ins., -ins. in the ground, for
Stone. Standard Cor.to (e.g.) Secs. 33 & 34, marked S. C., with 3 notches
on E. & W. edges, and raised a mound of stone alongside. Pits impracticable.
stone with bearing Trees. SEC. 3. Set a stone - X → X – iris., -ins, in the ground, for
5
Standard Cor. to (e.g.) Secs. 35 & 36, marked S. C., with 1 notch on
E and 5 notches on W. edges; from which
A —, -ins. diam. bears N – 9 E. — liks. dist. marked T. 5 N. R. 3 W. S. 36, B.T.
A —, -ins. diam. bears N —9 W. — lks. dist, marked T. 5 N. R. 3 W. S. 35, B. T.
A —, -ins. diam. bears S – 9 E. —lks. dist, marked T.4 N. R. 3 W. S.2, B.T.
- SEC. 4. Set a post, 4 ft. long, 4 ins, square, with marked stone
(charred stake or quart of charcoal) 12 ins. in the ground, for Stand-
ard Cor.to (e.g.) Secs. 35 & 36, marked
S. C. T. 5 N. R. 3 W., on N.
S. 36, on E. and
S. 35 on W. faces, with 1 notch on E. and 5 notches on W. faces, dug pits, 18×18x12
ins., Nº ºand W. of post, 5% ft. dist. and raised a mound of earth 2 ft. high, 43 ft. base
Yound post. sº
Post in Mou.-u.
SEC. 5. Set a post 4 ft. long, 4 ins. square, 24 ins. in the ground,
for Standard Cor. to (e.g.) Secs. 35 & 36, marked
S. C. T. 5 N. R. 3 W., on N.
S. 36, on E. and
S. 35 on W. faces, with 1 notch on E. and 5 notches on W. faces; from which
A —, -ins. diam. H.2ars N – 9 E. — lks. dist. marked T. 5 N. R. 3 W. S. 36, B.T.
A —, -ins. diam. bears N — OW.—lks. dist. marked T. 5.N. R. 3 W. S. 35, B. T.
A —, -ins. diam. bears S – 9 E. – llºs. dist. marked T. 4 N. R. 3 W. S. 2, B. T.
Mound without post or SEC. 6. Deposited a marked stone (charred stake or quart of char-
Stone. coal) 12 ins. in the ground, for Standard Cor. to (e. g.) Secs. 33 &
34, dug pits, 18X18X12 ins., N., E. and W. of corner, 5+ ft. dist., and raised a mound
Post with Bearing Trees.
SURVEYS OF THE PUBLIC LANDS. * 593
of earth 2 ft. high, 4+ ft. base over it. In E. pit drove a stake 2 ins. Square, 2 ft. long,
12 ins. in the ground, marked
T. 5 N. R. 3 W., S. C. on N.
S. 34 on E. and
S. 33 on W. faces, with 3 notches on E. & W. faces. e
SEC. 7. A —, -ins, diam., which I marked (e. g.) ºne without Bear
S. C. T. 5 N. R. 3 W., on N. -
S. 36 on E. and
S. 35 on W. faces, with 1 notch on E. and 5 notches on W. faces, dug pits, 18X18X12
ins. N., E. & W. of tree, 53 ft. dist. and raised a mound of earth around tree, for
Standard Cor. to Secs. 35 & 36. - -
SEC. 8. A —, -ins. diam., which I marked (e. g.) nº corner with Bearins
S. C. T. 5 N. R. 3 W., on N. sº
S. 36, on E. and
S. 35 on W. faces, with 1 notch on E. and 5 notches on W. faces, for Standard Cor.
to Secs. 35 & 36; from which &
A —, -ins. diam. bears N–0 E. —lks. dist. marked T. 5 N. R. 3 W. S. 36, B. T
A—, —ins. diam. bears N —9W.— lks. dist. marked T. 5 N. R. 3 W. S. 35, B. T
A —, -ins. diam, bears S —9 E. — Iks. dist. marked T. 4 N. R. 3 W. S. 2, B. T
SECTION CLOSING CORNERS.
SEC. 1. Set a -stone—X—X—ins., -ins. in the ground, for Closing Cor. to (e.g.)
Secs. 1 & 2, marked C. C., with 1 notch on E. and 5 notches on W. stone with Pits and
edges, dug pits, 18×18×12 ins. S., E. & W. of stone, 53 feet dist., *
and raised a mound of earth 2 ft. high, 44 ft. base alongside.
SEC. 2. Set a -stone—X—X—ins., -ins. in the ground, for Closing Cor. to (e.g.)
Sec.S. 3 & 4, marked C. C., with 3 notches on E. and W. edges, & stone with Mound ot
raised, a mound of stone alongside. Pits impracticable. Stone.
SEC. 3. Set a -stone—X—X—ins. – ins. in the ground, for Closing Cor. to (e.g.)
Secs. 1 & 2, marked C. C., with 1 notch on E. and 5 notches on W.
odges; from which
A —, -ins. diam. bears S —9 E. —lks dist. marked T. 4 N. R. 3 W. S. 1, B. T.
A —, -ins. diam. bears S.–9 W. —lks. dist. marked T. 4 N. R. 3 W. S. 2, B. T.
A —, -ins, diam. bears N–0 E. — lks. dist. marked T. 5 N. R. 3 W. S. 36, B.T.
SEC. 4. Set a post 4 ft. long, 4 ins. square, with marked stone, (charred stake or
quart of charcoal) 12 ins. in the ground for Closing Cor. to (e. g.) #
Secs. 1 & 2, marked. Post in Mound.
C. C. T. 4 N. R. 3 W., on S.
S. 1. on E. and
S. 2 on W. faces, with 1 notch on E. and 5 notches on W. faces dug pits, 18×18x12
ins., S., E. & W. of post 5% ft. dist., and raised a mound of earth 2 ft. high, 43 ft. base
around post.
SEC. 5. Set a post 4 ft. long, 4 ins. square, 24 ins. in the ground, & g
for Closing Cor. to (e.g.) Secs. 1 & 2, marked Post with Bearing Trees.
C. C. T. 4 N. R. 3 W., on S.
S. 1, on E. and -
S. 2 on W. faces, with 1 notch on E, and 5 notches on W. faces; from which
Stone with Bearing Trees.
A —, -ins. diam. bears S.–9 E. —lks. dist. marked T. 4 N. R. 3 W. S. 1, B.T.
A —, -ins. diam. bears S.–9 W. —lks. dist. marked T.4 N. R. 3 W. S. 3, B. T.
A —, -ins. diam, bears N–9 E. —lks. dist, marked T. 5 N. R. 3 W. S. 36, B. T.
SEC. 6. Deposited a marked stone (charred stake or quart of char- Mound ºfficut post or
coal) 12 ins: in the ground, for Closing Cor. to (e.g.) Secs. 3 & 4, Stone,
dug pits, 18X18X12 ins., S., E. & W. of Cor., 5+ ft. dist., and raised a mound of earth
2 ft; high, 44 ft. base over it. In E. pit drove a stake, 2 ins, square, 2 ft. long, 12 ins.
in the ground, marked
C. C. T. 4 N. R. 3 W., on S.
S. 3, on E. and
S. 4 on W. faces, with 3 notches on E. & W. faces.
SEC. 7 A–, – ins. diam., which I marked (e.g.) C. C. T. 4N, R. rºse Corner without
3 W., on S. Bearing Trees.
S. 1, on E. and
S. 2 on W. faces, with 1 notch on E. and 5 notches on W. faces, dug pits 18 × 18 × 12
ins. S., E. & W. of tree, 5% ft. dist, and raised a mound of earth around tree, for
closing Cor. to Secs. 1 & 2.
SEC. 8. A -, -ins. diam., which I marked (e.g.) C. C. T. 4 N. R. Tree corner with Bear.
3 W., on S. ing Trees.
S. 1, on E. and
38 L O—WOL III
59 1 SURVEYS OF THE PUBLIC LANDS.
S. 2 on W. faces, with one notch on E. and 5 notches on W. faces, for Closing Cor. to
Secs. 1 & 2 ; from which
A —, -ins. diam. bears S – 9 E. — liks, dist. marked T. 4 N. R. 3 W. S. 1, B. T.
A —, -ins, diam. bears S — ‘’W. —lks, dist. marked T. 4 N. R. 3 W. S.2, B. T.
A —, -ins. diam. bears N — 9 E. —lks. dist. marked T. 5 N. R. 3 W. S. 36, B. T.
SEC. 9. All Section Closing Corners must be connected with the
Connection Lines. &
nearest corner on the Standard line.
CORNERS COMMON TO 4 TOWNSHIPS.
stone with Pits and SEC. 1. Set a -stone — X — × — ins., -ins. in the ground for
Mound. Cor. to (e. g.) Tps. 2 & 3 N. R.'s 2 & 3 W., marked with 6 notches
on each edge, dug pits, 24 × 18 × 12 ins. lengthwise on each line, N., S., E. & W. of
stone, 6 ft. dist., and raised a mound of earth 24 ft. high, 5 ft. base alongside.
stone with Mound of SEC. 2. Set a -stone — X – Xins., -ins, in the ground, for
Stone, Cor. to (e. g.) Tps. 2 & 3 N. R's 2 & 3 W. marked with 6 notches on
each edge, and raised a mound of stone alongside. Pits impracticable.
Stone with Bearing T SEC. 3. Set a -stone — X — × —ins., -ins. in the ground, for
*** *** Cor. to (e.g.) Tps. 2 & 3 N. R. 2 & 3 W. marked with 6 notches on
each edge; from which
A —, -ins. diam. bears N — 9 E. —lks. dist. marked T. 3N. R. 2 W. S. 31, B. T.
A —, -ins. diam. bears S – 9 E. — lks. dist. marked T. 2 N. R. 2 W. S. 6, B. T.
A —, -ins. diam, bears S – 9 W. — liks. dist. marked T. 2 N. R. 3 W. S. 1, B.T.
A —, -ins. diam. bears N — 9 W. — lks. dist. marked T. 3 N. R. 3 W. S. 36, B.T.
SEC. 4. Set a post, 4% ft. long, 4 ins. square, with marked stone
(charred stake or quart of charcoal) 12 ins. in the ground, for Cor.
to (e.g.) Tps. 2 & 3 N. R.'s 2 & 3 W. marked
T. 3 N. S. 31, on N. E.
R. 2 W. S. 6, on S. E.
T. 2 N. S. 1, on S. W. and
R. 3 W. S. 36 on N.W. faces, with 6 notches on each edge, dug pits, 24 × 18 × 12ins.,
lengthwise on each line, N., S., E. & W. of post, 6 ft. dist., and raised a mound of
earth 2+ ft. high, 5 ft. base around post.
Post with bearing T SEC. 5. Set a post 4+ ft. long, 4 ins. Square, 24 ins, in the ground,
**** for Cor. to (e.g.) Tps. 2 & 3 N. R's 2 & 3 W. marked
T. 3 N. S. 31, on N. E. -
R. 2 W. S. 6, on S.E.
T. 2 N. S. 1, on S. W. and
Post in Mound,
R. 3 W. S., 36 on N. W. faces, with 6 notches on each edge; from which
A —, -ins. diam. bears N–9 E. —lks. dist. marked T. 3 N. R. 2 W. S. 31, B.T.
A—, – ins: diam. bears S —9 E. —lks. dist. marked T. 2 N. R. 2 W.S. 6, B. T
A—, –ins. diam. bears S —9 W. —lks. dist. marked T. 2 N.R. 3 W. S. 1, B.T
A—, — ins. diam. bears N —9 W. —lks. dist. marked T. 3 N. R. 3W. S. 36, B.T.
Mound without post or SEC. 6. Deposited a marked stone (charred stake or quart of char-
Stone, coal) 12 ins. in the ground for Cor. to (e.g.) Tps. 2 & 3 N. R.'s 2 &
3 W., dug pits, 24 × 18 × 12 ins., lengthwise on each line, N., S., E. & W. of cor., 6
ft. dist., and raised a mound of earth 2+ ft. high, 5 ft. base over it. In S. E. pit drove
a stake 2 ins. Square, 2 ft. long, 12 ins. in the ground, marked
T. 3 N. S. 31, on N. E.
R. 2 W. S. 6, on S. E.
T. 2 N. S. 1 on S. W. and -
R. 3 W. S. 36, on N. W. faces, with 6 notches on each edge,
Tree Corner without Bear- SEC. 7. A —, —ins. diam., which I marked (e. g.) T. 3 N. S. 31,
ing Trees. OI! N. E.
R. 2 W. S. 6, on S. E.
T. 2 N. S. 1, on S. W. and
R. 3 W. S. 36 on N. W. faces, with 6 notches on each edge, dug pits, 24 × 18 × 12
ins. lengthwise on each line, N., S., E. & W. of tree, 6 ft. dist., and raised a mound of
earth around tree, for Cor. to Tps, 2 & 3 N. R.'s 2 & 3 W.
Tree corner with Bearing SEC. 8. A-, - inS. diam., which I marked (e. g.) T. 3 N. S. 31,
Trees. on N. E. -
R. 2 W. S. 6, on S. E.
T. 2 N. S. 1, on S. W. and
R. 3 W. S. 36, on N. W. faces, with 6 notches on each edge, for Cor. to Tps. 2 & 3 N.
R’s 2 & 3 W. from which
A —, -ins, diam. bears N – 9 E. — 1ks. dist. marked T. 3 N. R. 2 W. S. 31, B.T.
A —, -ins. diam. bears S – o W. — liks. dist. marked T. 2 N, R. 3 W. S. 1, B.T.
A —-, -ins. diam. bears S — 9 E. — Iks. dist. marked T. 2 N. R. 2 W. S. 6, B.T.
A —, -ins. diam. bears N — 9W. — llºs. dist. marked T. 3 N. R. 3 W. S. 36, B.T.
SURVEYS OF THE PUBLIC LANDS. 595
CORNERS COMMON TO 4 SECTIONS.
SEC. 1. Set a -stone — X – X — ins. – ins. in the ground for stone with Pit, and
Cor. to (e.g.) Secs. 25, 26, 35 & 36, marked with 1 notch on S. & E. Mound.
edges, dug pits, 18 × 18 × 12ins. in each Sec., 54 ft., dist., and raised a mound of earth 2
ft. high, 43 ft. base alongside.
SEC 2. Set a -stone —X—X—ins. –ins. in the ground, for Cor.
to (e.g.) Secs. 14, 15, 22 & 23, marked with 3 notches on S. and 2
notches on E. edges, and raised a mound of stone alongside. Pits impracticable.
SEC. 3. Set a-stone — X—X—ins. – ins. in the ground, for Cor.
to (e. g.) Secs. 9, 10, 15 & 16, marked with 4 notches on S. & 3
notches on E. edges, from which
Stone with Mound Stone.
Stone with Bearing Trees.
A—, —ins, diam. bears N – 9E.—lks. dist. marked T. 2 N. R. 2 W. S. 10, B. T.
A —, -ins. diam. bears S – 9E.— liks. dist. marked T. 2 N. R. 2 W. S. 15, B. T.
A —, -ins. diam. bears S – 9W.-lks. dist. marked T. 2 N. R. 2 W. S. 16, B. T
A —, -ins. diam. bears N.—9W.— lks. dist. marked T. 2 N. R. 2 W. S. 9, B. T
SEC. 4. Set a post 4 ft. long, 4 ins. Square, with marked stone
(charred stake or quart of charcoal) 12 ins. in the ground, for Cor.
to (e. g.) Secs. 15, 16, 21, & 22, marked
T. 2 N. S. 15, on N. E.
R. 2 W. S. 22, on S. E.
S. 21, on S. W. and
S. 16 on N. W. faces, with 3 notches on S. & E. edges, dug pits, 18×18×12 ins. in
each Sec., 54 ft. dist, and raised a mound of earth 2 ft. high, 4% ft. base around post.
SEC. 5. Set a post 4 ft. long, 4 ins. Square, 24 ins. in the ground -
for Cor. to (e. g.) Secs. 25, 26, 35 & 36, marked
T. 2 N. S. 25, on N. E.
R. 2 W. S. 36, on S. E.
S. 35, on S. W. and
S. 26, on N. W. faces, with 1 notch on S. & E. edges; from which
Post in Mound.
* Post with Bearing Trees.
A—, — ins. diam. bears N–9E.—lks. dist. marked T. 2 N. R. 2 W. S. 25, B. T.
A—, —ins. diam. bears S.–9E.-lks. dist. marked T. 2 N. R. 2 W. S. 36, B. T.
A—, — ins. diam. bears S.–9W.—lks. dist. marked T. 2 N. R. 2 W. S. 35, B. T.
A —, -ins. diam, bears N–9W.—lks, dist, marked T. 2 N. R. 2 W. S. 26, B. T.
SEC. 6. Deposited a marked stone (charred stake or quart of Mound without Post or
charcoal) 12 ins. in the ground, for Cor. to (e. g.) Secs. 25, 26, 35 & Stone.
36, dug pits, 18×18×12 ins. in each Sec., 5+ ft. dist., and raised a mound of earth 2
ft. high, 4} ft. base over it. -
In §. E. pit drove a stake 2 ins. Square, 2 ft. long, 12 ins in the ground, marked
. 2 N. S. 25, on N. E. -
W. S. 36, on S. E.
on S. W. and
On N. W. º 1 ;"|". #& E. edges.
SEC. 7. A —, -ins. diam., which I marked (e. g. ree Corner without Bear-
T. 3 N. S. 23, on N. E. (e.g.) lººr-º-
R. 2 W. S. 32, on S. E.
S. 31, on S. W. and
S. 30, on N. W. faces, with 1 notch on S. and 5 notches on E. edges, dug pits, 18×
18×12 ins. in each sec. 53 ft. dist. and raised a mound of earth around tree, for Cor. to
Secs. 29, 30, 31 & 32. -
N i.e. 8. A–, – ins. diam, which I marked (e.g.) T. 2 N. S.5, on tº corner with hearine
R. 2 W. S. 8, on S. E.
S. 7, on S. W. and
S. 6, on N. W. faces, with 5 notches on S. & E, edges, for Cor. to Secs. 5, 6, 7 & 8;
from which -
A —, -ins. diam. bears N —9°E. —lks. dist. marked T. 2 N. R. 2 W. S. 5, B. T.
y
A —, -ins. diam. bears S –9 E. – Iks. dist. marked T. 2 N. R. 2 W. S. 8, B. T.
A —, -ins. diam, bears S –9 W. — lºs. dist. marked T. 2 N. R. 2 W. S. 7, B. T.
A —, -ins. diam. bears N —9 W. —lks. dist. marked T. 2 N. R. 2 W. S. 6, B. T.
ARTICLE X.
QUARTER SECTION CORNERS.
SEC. 1. Set a -stone —X—X—ins., -ins. in the ground, for + , stone with Pits and
Sec. Cor., marked + on N. (or W.) face, dug pits, 18×18×1% ins. *
N. & S., (or E. & W.) of stone 5+ ft. dist., and raised a mound of earth 14 ft. high,
3+ ft. base alongside.
3596 SURVEYS OF THE PUBLIC LANDS.
stone with Mound of SEC. 2. Set a -stone —X-X- inS. — ins. in the ground, for
Stone. # Sec. Cor., marked + on N. (or W.) face, and raised a mound of
stone alongside. Pits impracticable.
stone with Bearing Trees. SEC. 3. Set a -stone —X-X- inS., -ins, in the ground, for +
Sec. Cor. marked + on N. (or W.) face; from which
A —, -ins. diam. bears N —9 E. — lks. dist. marked # S. B. T.
A —, -ins. diam. bears S —9 W. — liks, dist. marked # S. B. T.
Post in Mound. SEC. 4. Set a post 3 ft. long, 3 ins. Square, with marked stone
(charred stake or quart of charcoal) 12ins. in the ground, for + Sec.
Cor., marked #. S. on N. (or W.) face, dug pits, 18X18×12 ins., N. & S., (or E. and
W.) of post 53 ft. and dist., raised a mound of earth 13 ft. high, 33 ft. base around post.
Post with Bearing Trees. SEC. 5. Set a post 3 ft. long, 3 ins. Square, 24 ins. in the ground,
for + Sec. Cor., marked + S. on N. (or W.) face; from which
A —, -ins. diam., bears N. —9 E., -lks., dist. marked # S. B. T.
A —, -ins. diam., bears S. —9 W., -lks., dist. marked # S. B. T.
Mound without Post or SEC. 6. Deposited a marked stone (charred stake or quart of char-
:Stone. coal) 12 ins. in the ground, for + Sec. Cor., dug pits, 18×18x12 ins.,
N. & S., (or E. & W.) of post 5% ft. dist. and raised a mound of earth 13 ft. high, 3%
ft. base over it. In E. (or N.) pit drove a stake 2 ft. long, 2 ins. Square, 12 ins. in the
ground, marked # S. on N. (or W.) face.
Tree corner without Bear. SEC 7. A–, — ins. diam., which I marked # S. on N. (or W.)
ing Trees. face, for + Sec. Cor., dug pits, 18×18×12 ins. N. & S. (or E. & W.)
of tree, 5% ft. dist. and raised a mound of earth around tree.
tree corner with Bearing SEC. 8. A —, -ins. diam., which I mark + S. on N. (or W.) face,
Trees. for + Sec Cor. ; from which
A —, -ins. diam. bears N —9 E. — 1ks. dist. marked + S. B. T.
A —, -ins. diam. bears S —9 W. — lks. dist. marked + S. B. T.
Marks. SEC. 9. On N. and S. lines the marks must be made on W. side,
and on E. and W. lines on N. side of the stone, post or tree.
SEC. 10. On N. & S. lines, the pits must be dug N. & S. of Cor. and
on E. & W. lines, E, & W, of Cor.
SEC. 11. On N. & S. lines, the stakes must be driven in N. pit, and
on E. & W. lines, in E. pit.
3Pits.
:Stakes in Pits.
STANDARD QUARTER SECTION CORNERS.
...All Quarter Section Corners on Standard lines must be established in all respects
like other Quarter Section Corners, with the addition of the letters S.C., and if bear-
ing trees are established for such Corners, each tree must be marked S. C. # S. B.T.
MEANDER CORNERS.
stone with Pits and SEC. 1. Set a -stone— X – X — ins., -ins, in the ground, for
TMound. Meander Cor. to (e.g.) Fractional Secs. 1 & 2, marked M. C., dug a
pit 3 ft. Square, 1 ft. deep, 8 lbs. – of stone, and raised a mound of earth 2 ft. high,
4+ ft. base alongside.
stone with Mound of SEC. 2. Set a-stone — X — × — ibs.,-ins. in the ground for
Stone, Meander Cor.to (e.g.) Fractional Secs. 35 & 36, marked M. C., and
raised a mound of stone 2 ft. high, 43 ft. base alongside. Pits impracticable.
stone with Bearine Tree. ... SEC; 3. Set a -stone- X → X-ins., -ins. in the ground for
Meander Cor. to (e. g.) Fractional Secs., 9 & 10, marked M. C.;
from which
A —, -ins. diam. bears S —9 E. —lks., dist. marked T. 2 N. R. 2 W. S. 10, M. C. B. T.
A —, -ins. diam. bears S —O W. —lks. dist. marked T. 2 N. R. 2 W. S. 9, M. C. B. T.
SEC. 4. Set a post 4 ft. long, 4 ins. Square, with marked stone
(charred stake or quart of charcoal) 12 ins. in the ground, for
Meander Cor. to (e. g.) Fractional Secs. 35 & 36, marked M. C., with
T. 2 N. On N.
R. 2 W. S. 36, on E. and
S. 35 on W. faces, dug a pit, 3 ft. square, 1 ft. deep, 8 lks.- of post, and raised a mound
of earth 2 ft. high, 4% ft. base, around post.
roºt with pain, Tree. ...Sººº. §et * Pºst 4 ft. long, 4 ins. square, 24 ins. in the ground, for
O3t Wi “” Meander Cor. to (e.g.) Fractional Secs. 20 & 21, marked M. C. with
T. 2 N. on S.
R. 2 W. S. 21 on E. and
S. 20 on W. faces; from which
A—, —ins. diam., bears S.–9 E. —lks., dist, marked T. 2 N. R. 2 W. S. 21, M. C. B.T.
A—,-ins. diam., bears S-9W.-Iks., dist. marked T. 2 N. R. 2 W. S. 20, M. C. B.T.
Manna without post or SEC. 6. Deposited a marked stone (charred stake or quart of char-
Stone. coal) 12 ins. in the ground, for Meander Cor. to (e.g.) Fractional
Secs. 11 & 12, dug a pit, 3 ft. square, 1 ft. deep, 8 Iks.— of Cor., and raised a mound of
Tost in Mound.
SURVEYS OF THE PUBLIC LANDS. 597
earth 2 ft. high, 43 ft. base, over it. In pit drove a stake 2 ins. Square, 2 ft. long, 12 ins-
in the ground, marked M. C. with
F.
1
1
.
h
W
W
fa
C
€
S
SEC. 7. A —, -ins. diam., which I marked (e. g.) M. C. With Tree corner without
T. 2 N. On W. Bearing Trees.
R. 2 W. S. 13 on N. and
S.224 on S. faces, for Meander Cor. to Fractional Secs. 13 & 24.
SEC, 8. A —, -ins. diam., which I marked (e. g.) M. C. with Tree Corner with Bear-
T. 2 N. OLl lºſſ. ing Trees.
R. 2 W. S. 6 on N. and
S. 7 on S. faces, for Meander Cor. to Fractional Secs. 6 & 7; from which
A —, -ins. diam. bears N — 9 W.- Iks. dist. marked T. 2 N. R. 2 W. S. 6, M. C.
F}. T.
A —, -ins. diam. bears S – 9 W.-lks, dist, marked T. 2 N. R. 2 W. S. 7, M. C.
B. T.
SEC.9. When a pit is dug at a Meander Cor. it must be 8 lks.
from the Cor., on the side opposite the river or lake meandered.
SEC. 10. The letters “M. C.” for Meander Corner must be marked
on the, side facing the river or lake meandered.
Pits.
Marks.
WITNESS CORNERS.
A Witness Corner must bear the same marks that would be placed upon the Corner
for which it is a witness, with the addition of the letters W. C., and be established
in all respects like such Corner.
If bearing trees are established for a Witness Corner, each tree must be marked W.
C., in addition to the usual marks.
MISCELLANEOUS.
SEC. 1. When a rock in place is established for a Corner, its dimen-
sions above ground must be given, and a cross (X) marked at exact
Corner point. In other respects form for stone corners will be used.
SEC. 2. Where mounds of earth are raised “alongside” of Corners,
on N. and S. lines, they must be placed on the W. and on E. and
W. lines on the N. side of Corner. In case the character of the land is such that this
cannot be done, the deputy will state in his notes instead of “alongside,” “S” (on E.)
SEC. 3. In case where pits are practicable, the deputy prefers
raising a mound of stone, or stone covered with earth, as more
likely to perpetuate the Corner, he will use the form given for mound of stone, omit-
ting the words “pits impracticable,” and adding “covered with earth,” when so,
established.
SEC. 4. Where the requisite number of trees can be found within
300 links of the Corner point, three (3) bearing trees should be estab-
lished for every Standard or Closing Cor., four (4) for every Cor, common to 4 Town-
ships or Sections, and two (2) for every Quarter Sec. Cor. or Meander Cor. In case.
the requisite number cannot be found within limits, the deputy must state in his field.
notes after describing those established, “no other trees within limits,” and “dug
pits in Secs. – & —,” or “raised a mound of stone alongside.”
SEC. 5. Stones 18 ins, and less long must be set two-thirds, and
over 18 ins. long, three-fourths of their length in the ground. No
stones containing less than 504 cubic inches must be used for corners.
SEC. 6. Particular attention is called to the “Summary of ob- objects to be Noted.
jects and data required to be noted,” on pages — and — of these
instructions, and it is expected that the deputy will thoroughly comply with same
in his work and field notes.
SEC. 7. No mountains, swampy lands, or lands not classed as sur- Lines Discontinued as
veyable are to be meandered, and all lines approaching such lands Legal corners.
must be discontinued at, the section or quarter section corner.
SEC. 8. Where by reason of impassable objects the south bound-
ary of a township cannot be established, an east and west line
should be run through the Township, first random, then corrected, from one range
line to the other, and as far south as possible, and from such line the section lines wilh
be extended in the usual manner, except over any fractions south of said line, which,
Rock in Place.
Mounds of Earth.
Mounds of Stone.
Bearing Trees.
Stones.
Fractional Townships.
598 SUR WEYS OF THE PUBLIC LANDS.
#.
:rºr.
may be surveyed in the opposite direction from the Section Corners on the auxiliary
base thus established.
Boundaries. SEC. 9. When no part of the east or west boundaries can be run,
both the north and South boundaries will be established as true
lines.
Convergency SEC. 10. Allowance for the convergency of Meridians must be
e made whenever necessary. -
Red Chalk. SEC. 11. All letters and figures cut in posts or trees must be
d e º marked over with red chalk to make them still more plain and
Ulſa, Ole. -
SEC. 12. Township corners common to four townships, and sec-
tion corners common to four sections, are to be set diagonally in
the earth, with the angles in the direction of the lines. All other corners are to be
Set Square, with the sides facing the direction of the lines.
SEC. 13. The sizes of wooden posts, mounds, and pits noted in
foregoing descriptions of corners are to be regarded as minimum,
and whenever practicable to increase their dimensions it is desirable to do so.
SEC. 14. In establishing corners, stones should be used wherever
practicable; then, posts; and lastly, mounds, with stake in pit.
Examine Instructions. SEC, 15. It is expected that the deputy Surveyors will carefully
read and familiarize themselves with these instructions, and all
others contained in this volume, and will instruct their assistants as to their duties
before commencing work. Extra copies will be furnished the deputies for the use of
their assistants.
Mode of Setting Corners.
Size of Posts, etc.
Corner Materials.
MEANIDERING.
SEC. 1. Proceeding down stream, the bank on the left hand is termed the “left
bank,” and that on the right hand the “right bank.” These terms are to be univers-
ally used to distinguish the two banks of a river or stream.
SEC. 2. Both banks of navigable rivers are to be meandered by taking the general
courses and distances of their sinuosities, and the same are to be entered in the field
book.
At those points where either the township or section lines intersect the banks of a
navigable stream, corners are to be established at the time of running these lines.
These are called “meander corners”; and in meandering you are to commence at one
of those corners, coursing the banks, and measuring the distance of each course from
your commencing corner to the next “meander corner.” By the same method you
are to meander the opposite bank of the same river.
The crossing distance between the MEANDER CORNERS on same line is to be ascer-
tained by triangulation, in order that the river may be protracted with entire accuracy.
The particulars to be given in the field notes.
Rivers not embraced in the class denominated “navigable” under the statute, but
which are well-defined natural arteries of internal communication, will only be mean-
dered on one bank. For the sake of uniformity, the surveyor will traverse the right
bank when not impracticable; but where serious obstacles are met with, rendering it
difficult to course along the right bank, he may cross to the left bank and continue
the meanders as far as necessary ; but all changes from one bank to the other will be
made at the point of intersection of some line of the public surveys with the stream
being meandered.
The subdividing deputies will be required to establish meander corners on both
banks of such meanderable streams at the intersection of all section lines, and the
distances across the river will be noted in the field book.
In meandering water-courses, where a distance is more than ten chains between sta-
tions, even chains only should be taken ; but if the distance is less than ten chains,
and it is found convenient to employ chains and links, the number of links should be
a multiple of ten, thereby saving time and labor in testing the closings both in the
field and in the surveyor-general’s office. *
SEC. 3. You are also to meander, in manner aforesaid, all lakes, bayous, and deep
ponds, which may serve as public highways of commerce. Shallow lakes or ponds,
readily to be drained or likely to dry up, are not to be meandered. Lakes, bayous,
and ponds lying entirely within a section are not to be meandered.
In meandering lakes, bayous, or ponds you are to commence at a meander corner,
and proceed as above directed for meandering the banks of navigable streams; and
from said corner take the courses and distances of the entire margin of the same, not-
ing the intersections with all meander corners established thereon.
You will notice all streams of water falling into the river, lake, or bayou you are
surveying, stating the width of the same at their mouth; also all springs, noting the
size thereof and depth, and whether the water be pure or mineral ; also the head and
mouth of all bayous ; and all islands, rapids, and bars are to be noticed, with inter-
SURVEYS OF THE PUBLIC LANDS. 599
sections to their upper and lower points to establish their exact situation... You will
also note the elevation of the banks of rivers and streams, the heights of falls and cas-
cades, and the length of rapids.
SEC. 4. Meander lines should not be established at the segregation line between dry
and swamp or overflowed land, but at the ordinary low-water mark of the actual mar-
gin of the rivers or lakes on which such swamp or overflowed lands border. In cases
where such meander lines were formerly established at the segregation line between
dry and swamp or overflowed lands, new and proper meanderlines may be established
under the direction of the surveyor-general, and the township and section lines ex-
tended over such swamp or overflowed lands and the corners established, as herein-
before provided, in order that the plats and field-notes of surveys may show the actual
facts in the case.
5. The precise relative position of islands, in a township made fractional by the
river in which the same are situated, is to be determined trigonometrically; sighting
to a flag or other fixed object on the island, from a special and carefully measured base
lime, connected with the surveyed lines, on or near the river bank, you are to form con-
nection between the meander corners on the river to points corresponding thereto, in
direct line, on the bank of the island, and there establish the proper meander corners,
and calculate the distance across.
6. In taking the connection of an island with the main land, when there is no
meander corner in line, opposite thereto, to sight from, you will measure a special
base from the meander corner nearest to such island, and from such base you will
triangulate to some fixed point on the shore of the island, ascertain the distance
across and there establish a special meander corner, wherefrom you will commence to
meander the island. -
7. The field-notes of meanders will be set forth in the field-books showing the
dates when the work is performed, as illustrated in the specimen notes annexed.
They are to state and describe particularly the meander corner from which they com-
menced, and each one upon which they close, and are to exhibit the meanders of each
fractional section separately ; following, and composing a part of such notes, will be
given a description of the land, timber, depth of inundation to which the bottom is
subject, and the banks, current, and bottom of the stream or body of water you are
meandering. The utmost care must be taken to pass no object of topography, or
change therein, without giving a particular description thereof in its proper place in
your meander notes.
SURVEYING.
Initial points from which the lines of the public surveys are to be extended must
be established whenever necessary under such special instructions as may be pre-
scribed in each case by the Commissioner of the General Land Office. The locus of
such initial points must be selected with great care and due consideration for their
prominence and easy identification, and must be established astronomically.
The initial point having been established, the lines of the public surveys are to be
extended therefrom as follows:
BASE LINE.
The base line shall be extended east and west from the initial point by the use of
solar instruments or transits, as may be directed by the surveyor-general, in his
special written instructions. Where solar instruments are used, the deputy must test
said instruments in every 12 miles of line run, by taking the latitude, or by observa-
tion on the polar star; and in all cases where he has reason to suppose that said in-
strument is in error, he must take an observation on the polar star, and if error be
found, must make the necessary corrections before proceeding with his survey. The
proper corners shall be established at each 40 and 80 chains, and at the intersection
of the line with rivers, lakes, or bayous that should be meandered, in accordance
with the instructions for the establishment of corners. In order to check errors in
measurement, two sets of chainmen, operating independently of each other, must be
employed.
Where transits are used, the line will be run by setting off at the point of depart-
ure on the principal meridian, a tangent to the parallel of latitude, which will be a
line falling at right angles to the said meridian. The survey will be continued on
this line for twelve (12) miles, but the corners will be established at the proper points
by offsets northerly from said line, at the end of each half mile. In order to offset
correctly from the tangent to the parallel, the deputy will be guided by the table of
offsets and azimuths contained in this volume. As the azimuth of the tangent is
shown, the angle thence to the true meridian at each mile is readily found, thus indi-
cating the direction of the offset line. The computations are made for a distance of
12 miles, at the end of which observations on the polar star must be taken for the
600 SURVEYS OF THE PUBLIC LANDS.
projection of a new tangent. The computations are also upon even degrees of lat-
itude; offsets for intervening parallels can be readily determined by interpolation.
Where offset distances to quarter-section corners exceed 50 links, their direction to
the parallel can be determined in like manner by interpolation for azimuth.
Where said distances are less than 50 links interpolations for determining directions
will not be required.
PRINCIPAL MERIDIAN.
The principal meridian shall be extended north and south from the initial point, by
the use of solar instruments or transits, as may be directed by the surveyor-general
in his special written instructions. Where solar instruments are used, the line will
be run in the same manner as prescribed for running the base line by solar instru-
ments. Where transits are used, observations upon the polar star must be taken
within each 12 miles of line run. In addition to the above general instructions, it
is required that in all cases where the establishment of a new principal meridian seems
to be necessary to the surveyor-general, he shall submit the matter, together with his
reasons therefor, to the Commissioner of the General Land Office, and the survey of
such principal meridian shall not be commenced until written authority, together
with such special instructions as he may deem necessary, shall have been received
from the Commissioner. -
STANDARD PARALLELS.
Standard parallels, which are also called correction lines, shall be extended east
and west from the principal meridian, at intervals of every 24 miles north and south
of the base line, in the same manner as prescribed for running the base line.
AUXILLARY MERIDIANS.
Auxiliary meridians shall be extended north and south from the base line, at inter-
vals of every 24 miles east and west from the principal meridian, in the same manner
as prescribed for running the principal meridian.
It is contemplated that these base, principal meridian, standard, and auxiliary me-
ridian lines shall first be extended over the territory to be surveyed, and that after-
wards township and section lines shall be run, where needed, within these tracts of
24 miles square, formed by the extension of these principal lines; and each surveyor-
gºal will therefore cause said principal lines to be extended as rapidly as practi.
cable.
EXTERIORS OR TOWNSHIP LINES.
The east and west boundaries of townships are always to be run from south to north
on a true meridian line; and the north and south boundaries are to be run from east
to west, or from west to east (according to the location of the township to be surveyed
with reference to prior surveys), on a random or trial line and corrected back on a
true line. The distance north or south of the township corner to be closed upon, from
the point of intersection of these random lines with the east or west boundary of the
township, must be carefully measured and noted. Should it happen, however, that
such random line should fall short, or overrun in length, or intersect the east or west
boundary more than three chains’ distance from the township corner thereon, as com-
pared with the corresponding boundary on the south (due allowance being made for
convergency), the line, and if necessary the entire exterior boundaries of the town-
ship, must be retraced, so as to discover and correct the error. In running random
lines temporary corners are to be set at each 40 and 80 chains, and permanent corners
established upon the true line as corrected back, in accordance with instructions,
throwing the excess or deficiency on the west half mile, as prescribed by law. Per-
Imanent corners are to be established in accordance with instructions on the east and
west township boundaries at the time they are run. Whenever practicable the town-
ship lines within these tracts of 24 miles square, must be surveyed in regular order
from south to north, i. e., the exterior boundaries of the township in any one range
lying immediately north of the south boundary of such tract of 24 miles square must
first be surveyed, and the exteriors of the other three townships in said range ex-
tended therefrom, in regular order from south to north, and it is preferable to first sur-
yey the entire range of townships in such tract adjoining the east boundary or ad-
joining the west boundary, and the other three ranges in regular sequence. In cases,
however, where the character of the land is such that this rule cannot be complied
with, the following will be observed.
In extending the 80 uth or north boundaries of a township to the west where the 80wth-
west or northwest corners cannot be established in the regular way by running a north
and South line, such boundaries will be run west on a true line, allowing for conver-
SURVEYS OF THE PUBLIC LANDS. 601
gency of the west half mile; and from the township corner established at the end of
such boundary, the west boundary will be run north or south. as the case may be. In
extending south or north boundaries of a township to the east, where the Southeast or
northeast corner cannot be established in the regular way, the same rule will be ob-
served, except that such boundaries will be run east on a true line, and the east bound-
ary run north or south, as the case may be. One set of chainmen only is required in
running township lines. -
METHOD OF SUBDIVIDING.
1. The first mile, both of the south and east boundaries of each township you are
required to subdivide, is to be carefully traced and measured before you enter upon
the subdivision thereof. This will enable you to observe any change that may have
taken place in the magnetic variation, as it existed at the time of running the town-
ship lines, and will also enable you to compare your chaining with that upon the
township lines.
2. Any discrepancy arising either from a change in the magnetic variation or a dif-
ference in measurement, is to be carefully noted in the field-notes.
3. After adjusting your compass to a variation which you have thus found will re-
trace the eastern boundary of the township, you will commence at the corner to sec-
tions 35 and 36, on the south boundary, and run a line parallel to the range line, forty
chains, to the quarter-section corner, which you are to establish between sections 35
and 36; continuing on said course forty chains farther, you will establish the corner
to sections 25, 26, 35 and 36.
4. From the section corner last named run a random line, without blazing, due east,
for the corner of sections 25 and 36, on east boundary, and at forty chains from the
starting point set a post for temporary quarter-section corner. If you intersect exactly
at the corner, you will blaze your random line back, and establish it as the true line;
but if your random line intersects the said east boundary, either north or south of
said corner, you will measure the distance of such intersection, from which you will
calculate a course that will run a true line back to the corner from which your random
started. You will establish the permanent quarter-section corner at a point equidis–
tant from the two terminations of the trºte line.
5. From the corner of sections 25, 26, 35, and 36, run due north between sections 25
and 26, setting the quarter-section post as before, at forty chains, and at eighty chains.
establishing the corner of sections 23, 24, 25, and 26. Then run a random due east for
the corner of sections 24 and 25 on east boundary; setting temporary quarter-section
post at forty chains; correcting back, and establishing permanent quarter-section cor-
ner at the equidistant point on the true line, in the manner directed on the lime be-
tween sections 25 and 36.
6. In this manner you will proceed with the survey of each successive section in the
first tier, until you arrive at the north boundary of the township, which you will
reach in running up a random line between sections 1 and 2. If this random line
should not intersect at the corner established for sections 1, 2, 35, and 36, upon the
township line, you will note the distance that you fall east or west of the same, from
which distance you will calculate a course that will run a true line south to the cor-
ner from which your random started. If the north boundary of a township is a base
or standard line, the line between sections 1 and 2 is to be run north as a true line,
and the closing corner established at the point of intersection with such base or
standard line; and in such case the distance from said closing corner to the nearest
section or quarter-section corner on such base or standard line must be carefully
measured and noted as a connection line. -
7. In like manner proceed with the survey of each successive tier of sections, until
you arrive at the fifth tier; and from each section corner which you establish upon
this tier you are to run random lines to the corresponding corners established upon
the range line forming the western boundary of the township; setting, as you pro-
ceed, each temporary quarter-section corner at forty chains from the interior section
corner, so as to throw the excess or deficiency of measurement on the extreme tier of
quarter-sections contiguous to the township boundary; and on returning establish
the true line, and establish thereon the permanent quarter-section corner.
8. It is not required that the deputy shall complete the survey of the first tier of
sections from south to north, before commencing the survey of the second or any sub-
sequent tier, but the corner on which the random line closes must have been pre-
viously established by running the line north on which it is established, except as
follows: Where it is impracticable to establish such section cormer in the regular
manner it may be established by running the east and west line east or west, as the
case may be, on a true line, Setting the quarter-section corner at 40 chains and the
Section corner at 80 chains. -
9. Quarter-section corners, both upon north and south, and upon east and west,
lines, are to be established at a point equidistant from the corresponding section cor-
602 SURVEYS OF THE PUBLIC LANDS.
ners, except upon the lines closing on the north and west boundaries of the township,
and in those situations the quarter-section corners will always be established at pre-
cisely forty chains to the north or west (as the case may be) of the respective section
corners from which those lines respectively start, by which procedure the excess or
deficiency in the measurements will be thrown, according to law, on the extreme tier
40f quarter-sections.
PRESCRIBED LIMITS FOR CLOSINGS AND LENGTH OF LINES IN CERTAIN CASES.
1. Every north-and-south section line, except those terminating in the north bound-
ary of the township, must be eighty chains in length.
2. The east-and-west section lines, except those terminating in the west boundary
of the township, are to be within eighty links of the actual distance established on
the south boundary line of the township for the width of said tier of sections, and
must close within eighty links north or south of the section corner.
3. The north boundary and south boundary of any one section, except in the ex-
treme western tier, are to be within eighty links of equal length.
4. The meanders within each fractional section, or between any two meander posts,
#. º an island in the interior of a section, must close within one chain and fifty
IlkS.
5. In running random township exteriors, if such random lines fall short or overrun
in length, or intersect the eastern or western boundary, as the case may be, of the
township, at more than three chains north or south of the true corner, the lines must
be retraced, even if found necessary to remeasure the meridional boundaries of the
township. One set of chainmen, only, is required in subdividing.
SUBDIVISION OF SECTIONS. "
Under the provisions of the act of Congress approved February 11, 1805, the course
to be pursued in the subdivision of sections is to run straight lines from the estab-
lished quarter-section corners—United States surveys—to the opposite corresponding
corners, and the point of intersection of the lines so run will be the corner common
to the several quarter-sections, or, in other words, the legal center of the section.
In the subdivision of fractional quarter-sections where no opposite corresponding
sections have been or can be fixed, the subdivision lines should be ascertained by
running from the established corners due north, south, east, or west lines, as the case
may be, to the water-course, Indian boundary line, or other external boundary of such
fractional section.
The law presupposes the section lines, surveyed and marked in the field by the
United States deputy surveyors to be due north and south or east and west lines, but
in actual experience this is not always the case; hence, in order to carry out the spirit
of the law, it will be necessary, in running the subdivisional lines through fractional
sections, to adopt mean courses where the section lines are not due lines, or to run
the subdivision line parallel to the section line when there is no opposite section line.
Upon the lines closing on the north and west boundaries of a township, the quarter-
section corners are established by the United States deputy surveyors at precisely
forty chains to the north or west of the last interior section corners, and the excess
or deficiency in the measurement is thrown on the outer tier of lots, as per act of
Congress approved May 10, 1800.
In the subdivision of quarter-sections the quarter-quarter corners are to be placed
at points equidistant between the section and quarter-section corners and between the
quarter corners and the common center of the section, eaccept on the last half mile of
the lines closing on the north or west boundaries of a township, where they should
be placed at twenty chains, proportionate measurement, to the north or west of the
quarter-section corner.
The subdivisional lines of fractional quarter-sections should be run from points on
the section lines intermediate between the section and quarter-section corners due
north, South, east, or west, to the lake, water-course, or reservation which renders
such tracts fractional.
When there are double sets of section corners on township and range lines the
quarter corners for the sections south of the township lines and east of the range lines
are not established in the field by the United States surveyors, but in subdividing
such sections said quarter corners should be so placed as to suit the calculations of the
areas of the quarter-8ections adjoining the township boundaries as expressed upon the offi-
cial plat, adopting proportionate measurements where the present measurements of
the north or west boundaries of the sections differ from the original measurements.
RE-ESTABLISHMENT OF LOST CORNERS.
The original corners, when they can be found, must stand as the true corners they
were intended to represent, even though not exactly where strict professional care
SURVEYS OF THE PUBLIC LANDS. 603
might have placed them in the first instance. (See circular March 13, 1882, given in
full at the end of this chapter.)
# 3r * * # + #
As has been observed. no existing original corner can be disturbed, and it will be
plain that any excess or deficiency in measurements between existing corners cannot
in any degree affect the distances beyond said existing corners, but must be added or
subtracted proportionately to or from the intervals embraced between the corners
which are still standing.
RETRACING TOWNSHIP LINES.
If, in subdividing a township, it is found that the exterior boundaries have been
improperly run, measured, or marked, or the corners established thereon have been
obliterated, the deputy will resurvey so much of said exterior boundaries as may be
necessary, and establish new corners upon the same wherever necessary. Where no
subdivisions have been made on either side of a township boundary, it will be cor-
rected, if necessary, in point of alignment as well as measurement, by establishing the
section corners at lawful distances from the south or east boundaries of the township
(as the case may be), and upon a right line extending between the township corners;
and in such case, the old corners on said township boundaries will be destroyed.
Where subdivisional lines have been closed upon a township boundary in advance
of the preliminary survey of the same, its alignment will not be changed. If it is
found necessary to establish new corners on such boundary they will receive only the
marks referring to the sections in the township being subdivided, and the marks on
the old corners on such boundary, which refer to such sections, will be obliterated.
In all cases such necessary corrections will be made as will place the section corners
at the aforesaid lawful distances from the south or east boundary, in order that a
legal subdivision of the township may be made, and where new corners are thus
necessarily established, the distance, be it one hundred links or more, and direction
between new and old corners must be carefully noted.
New corners on township boundaries must be established by a survey of such lines,
and in no case will such corners be established from data acquired in running lines
º g on such boundaries. One set of chainmen only is required in retracing town-
Snlp IIIleS.
If, in the subdivision of part of a township, the lands to be surveyed cannot be
reached by lines extending from the south boundary of the township, a line corre-
sponding to the south boundary of the same shall be extended from some section
corner on the east boundary of the township to the west boundary thereof, in order
that it may constitute the south boundary of the surveyable area; from which sub-
divisional meridian lines will be projected northward, and the surveys carried forward
in the same manner as for the subdivision of a full township, in order that regular
and fractional areas shall occupy their true and legal positions.
Fragmentary portions of surveyable lands lying south of the provisional base last
described may be included in the survey by extending lines south from the same in
harmony with the general system.
When the proper point for the establishment of a section corner is inaccessible, and
a witness monument can be erected upon each of the two lines which approach the
same at distances not exceeding twenty chains therefrom, the quarter-sections de-
pending thereon will be disposed of in the same manner as if the corner had been
regularly established.
The witness monument must be marked as conspicuously as a section corner, and
bearing trees used wherever possible.
The deputy will be required to furnish good evidence that the section corner is
actually inaccessible.
When township or subdivision lines intersect the boundaries of confirmed private
land claims, the latter must be retraced so far as may be necessary to establish the
corners to the fractional sections at their proper places, and such corners must be es-
tablished, in all respects, like meander corners, except that instead of the letters “M.
C.” the letters used to designate such private land claim must be marked on corners.
In retracing the boundary of such claim the deputy must set stakes thereon, at each
forty chains, where the ground is level, and on broken ground, at every spur, ridge, or
other prominent point, and also at each angle formed by a change in the direction of
such boundary.
FIELD NOTES.
The deputy surveyor will provide himself with proper blank books for his field
notes, or same will be furnished to him by the surveyor-general, and in such books
he must make a faithful, distinct, and minute record of everything officially done and
observed by himself and his assistants, pursuant to instructions, in relation to run-
604 SURVEYS OF THE PUBLIC LANDS.
ning, measuring, and marking lines, establishing corners, &c., and present, as far as
possible, a full and complete topographical description of the country surveyed.
From the data thus recorded at the time when the work is done on the ground, the
deputy must prepare true field notes of the surveys executed by him, in the manner here-
inafter prescribed, and return same to the surveyor-general, together with the required
sketches, at the earliest practicable date after the completion of his work in the field.
The field notes of the survey of base, meridian, standard, exterior, and subdivision
lines are each to be written in separate looks.
The first, or title, page of the field-note book is to describe the subject-matter of
the same, the locus of the survey, by whom surveyed, date of contract, and the dates
of commencement and completion of the work. The second page is to contain the
names and duties of the assistants, and the index is to be placed on same or following
page. Whenever a new assistant is employed, or the duties of any one of them
changed, such facts are to be stated in an appropriate entry immediately preceding
the notes taken under such changed arrangements.
The exhibition of every mile of surveying, whether on township or subdivisional
lines, and of meanders in each section, must be complete in itself, and be separated by
a black line drawn across the paper.
The variation of the needle must always occupy a separate line preceding the notes
of measurements on line.
The description of the surface, soil, minerals, timber, undergrowth, &c., on each
º: of line, is to follow the notes of survey of such line, and not be mixed up with
them.
The date of each day’s work must follow immediately after the notes thereof.
No abbreviations of words are allowable, except of such words as are constantly oc-
currung, such as “sec.” for “section”; “in. diam.” for “inches diameter”; “chs.” for
“chains”; “lks.” for “links”; “dist.” for “distant”; “4 sec. cor.” for “quarter-section
corner”; “va,” for “variation,” &c.; for 14 inches long, 12 inches wide, and 3 inches
thick, in describing a corner stone, use 14 × 12 × 3, being particular to always ob-
serve the same order of length, width, and thickness. Proper names must never be
abbreviated, however often their recurrence.
When the lines of survey cross hills or ravines, the height or depth of same, in feet,
must be noted as nearly as practicable.
The corners established in previous surveys, from which the lines start, or upon
which they close, must be fully described in the field notes. A full description of such
corners will in all cases be furnished the deputy from the surveyor-general's office at
the date authority is given for commencing work.
In all cases where a corner is re-established the field notes must describe fully the
manner in which it is done.
Field notes of the survey of base, standard, and meridian lines must describe all
corners established thereon, how established, the crossings of streams, ravines, hills,
and mountains; character of soil, timber, minerals, &c.; and after the description of
each township corner established in running such lines, the deputy will note particu-
larly in the “general description” the townships on each side of the lines run.
Field notes of the survey of exterior boundaries of townships must describe the
corners and topography, as above required, and the “general description ” at the end
of such notes must describe the townships as fully as may be, and also state whether
or not they should be subdivided. The topography on the true lime of exterior bound-
aries must be given, and Inot that on the random line.
Field notes of the subdivisional survey of townships must describe the corners and
topography, as above required, and the “general description ” at the end of such notes
. state minutely the character of the land, soil, timber, &c., found in such town-
Snips.
A blank line must be left at the bottom of each page of the field notes, and the notes
must be written in a plain, legible hand, and in clear and precise language, so that
the figures, letters, words, and meaning Will always be unmistakable, and erasures
and interlineations avoided, as far as possible.
With the notes of the survey of principal lines forming a tract of 24 miles square the
deputy will submit a plat of the lines run, on a scale of one-half inch to the mile, and
with the notes of survey of the exterior lines of townships, a plat of the lines run, on
the scale of two inches to the mile, on which are to be noted all the objects of topog-
raphy on line necessary to illustrate the notes, viz, the distance on line at the cross-
ings of streams, so far as such can be noted on the paper, and the direction of each by
an arrow head pointing down stream ; also, the intersection of line by prairies,
marshes, swamps, ravines, ponds, lakes, hills, mountains, and all other matters indi-
cated by the notes, to the fullest extent practicable.
With the instructions for making subdivisional surveys of townships into sections,
the deputy will be furnished by the surveyor-general with a diagram of the exterior
lines previously established of the townships to be subdivided (on the above-named
seale), upon which are carefully to be laid down the measurements of each of the lines
SURVEYS OF THE PUBLIC LANDS. 605
on uch boundaries whereon he is to close, and the magnetic variation of each mile
And on such diagram the deputy who subdivides will make appropriate sketches of
the various objects of topography as they occur on his lines, so as to exhibit not only
the points on line at which the same occur, but also the direction and position of each
between the lines, or within each section, as far as practicable, so that every object
of topography may be properly completed or connected in the showing.
SUMMARY OF OBJECTS AND DATA REQUIRED TO BE NOTED.
1. The precise length of every line run, noting all necessary offsets therefrom, with
the reason and mode thereof.
2. The kind and diameter of all “bearing tree8,” with the course and distance of the
same from their respective corners; and the precise relative position of witness
corn ERs to the true cormers.
3. The kind of materials of which corners are constructed.
4. Trees on lime. The name, diameter, and distance on line to all trees which it
intersectS.
5. Intersections by line of land objects. The distance at which the line first inter-
sects and then leaves every Settler's claim and improvement; prairie, river, creek, or
other “bottom "; or swamp, marsh, grove, and Wind fall, with the course of the same
at both points of intersection; also the distances at which you begin to ascend, arrive
at the top, begin to descend, and reach the foot of all remarkable hills and ridges,
with their courses, and estimated height, in feet, above the level land of the surround-
ing country, or above the bottom lands, ravines, or waters near which they are sit-
uated.
6. Intersections by line of water objects. All rivers, creeks, and smaller streams of
water which the line crosses; the distances on line at the points of intersection, and
their widths on line. In cases of navigable streams, their width will be ascertained be-
£ween the meander corners, as set forth under the proper head.
7. The land's surface—whether level, rolling, broken, or hilly.
8. The soil—whether first, second, third, or fourth rate.
9. Timber—the several kinds of timber and undergrowth, in the order in which they
predominate.
10. Bottom lands—to be described as wet or dry, and if subject to inundation, state
to what depth.
11. Springs of water—whether fresh, saline, or mineral, with the course of the stream
flowing from them.
12. Lakes and ponds—describing their banks and giving their height, and also depth
of water, and whether it be pure or stagnant.
13. Improvements. Towns and villages; houses or cabins; fields, or other improve-
ments; sugar-tree groves, sugar camps, mill seats, forges, and factories.
14. Coal banks or beds; peat or turf grounds; minerals and ores; with particular
description of the same as to quality and extent, and all diggings therefor; also salt
springs and licks. All reliable information you can obtain respecting these objects,
whether they be on your immediate line or not, is to appear on the general descrip-
tion to be given at the end of the notes. * iº
15. Roads and trails, with their directions, whence and whither.
16. Rapids, cataracts, cascades, or falls of water, with the estimated height of their
fall in feet. & -
17. Precipices, caves, sink holes, ravines, stone quarries, ledges of rocks, with the
kind of stone they afford,
18. Natural curiosities, interesting fossils, petrifications, organic remains, &c.; also
all ancient works of art, such as mounds, fortifications, embankments, ditches, or ob-
jects of like nature.
19. The variation of the needle must be noted at all points or places on the lines
where there is found any material change of variation, and the position of such points
must be perfectly identified in the notes.
20. Besides the ordinary notes taken on line (and which must always be written
down on the spot, leaving nothing to be supplied by memory), the deputy will sub-
join, at the conclusion of his book, such further description or information touching
any matter or thing connected with the township (or other survey) which he may be
able to afford, and may deem useful or necessary to be known—with a general descrip:
tion of the township in the aggregate, as respects the face of the country, its soil and
geological features, timber, minerals, waters, &c.
Following the “general description” of the township is to be “A list of the names
of the individuals employed to assist in running, measuring, and marking the lines
and corners described in the foregoing field notes of township No. ——of the BASE
LINE of range No. — of the –— MERIDIAN, showing the respective capac.
ities in which they acted.” *
606 SURVEYs of THE PUBLIC LANDs.
AFFIDAVITS TO FIELD NOTES.
The following are the forms of official oaths to be taken by deputy surveyors and
their assistants. The original oaths are to be affixed to the true field notes returned
to the surveyor-general by the deputy surveyor; the preliminary oaths being placed
immediately after the index of the first book, and the final oaths at the end of the
last book or field notes of the surveys to which they refer:
Preliminary oaths of assistants.
I, , do solmenly swear that I will well and truly perform the duties of
compassman, according to instructions given me, and to the best of my skill and
ability, in the survey of the e
-à-
, Compassman.
, 18–.
5
Subscribed and sworn to before me this — day of
We, and , do solemnly swear that we will well and faith-
fully execute the duties of chain carriers; that we will level the chain upon even and
uneven ground and plumb the tally pins, either by sticking or dropping the same; that
we will report the true distance to all notable objects, and the true length of all lines
that we assist in measuring, to the best of our skill and ability, and in accordance
with instructions given us, in the survey of the e -----T -
—, Chainman.
— —, Chainmam.
— —, Chainman.
, Chainman.
, 18–. .
3.
Subscribed and sworn to before me this — day of
We, and —, do solemnly swear that we will well and truly
perform the duties of axemen, in the establishment of corners and other duties, accord-
g to instructions given us, and to the best of our skill and ability, in the survey
O
, Aaceman.
, Aaceman.
1
8–.
Subscribed and sworn to before me this — day of y
Final oaths for surveys.
List of names.
A list of the names of the individuals employed by , United States
deputy surveyor, to assist in running, measuring, and marking the lines and corners
described in the foregoing field notes of the survey of , showing the
respective capacities in which they acted.
, Compassman.
, Chainman.
—, Chainman.
—, Chainman.
-—, Chainman.
, Azeman.
—, Aaleman.
, Flagman.
=
Final oaths of assistants.
We hereby certify that we assisted , United States deputy surveyer,
in surveying all those parts or portions of the the base and
meridian, Of , as are represented in the foregoing field Inotes as having
been surveyed by him and under his direction; and that said survey has been in all
O
f
SURVEYS OF THE PUBLIC LANDS. 607
respects, to the best of our knowledge and belief, well and faithfully surveyed and
the corner monuments established according to the instructions furnished by the
United States-surveyor-general for
, Compassman,
—, Chainman.
—, Chainman.
—, Chainman.
, Chainman.
, Aaceman.
, Aaceman.
—, Flagman.
=
Subscribed and sworn to before me this — day of , 18—.
— —,
gº ºsmº
ë,
Final oath of United States Deputy Surveyor.
I, —, United States deputy surveyor, do solemnly swear that in pursu-
ance of instructions received from ——, United States surveyor-general for
, bearing date of the day of——, 18—, I have well, faithfully, and truly,
in my own proper person, and in strict conformity with the instructions furnished by
the United States surveyor-general for -, the surveying manual, and the laws of
the United States, surveyed all those parts or portions of —— —— of the
base and meridian in the of , as are represented in the foregoing
field notes as having been surveyed by me and under my directions; and I do further
solemnly swear that all the corners of said survey have been established and per-
petuated in strict accordance with the surveying manual, printed instructions, the
special written instructions of the United States surveyor-general for ——, and in
the specific manner described in the field notes, and that the foregoing are the true:
field notes of such survey; and, should any fraud be detected I will suffer the penalty
of perjury, under the provision of an act of Congress, approved August 8, 1846.
United States Deputy surveyor.
Subscribed and sworn to before me this —- day of , 18–.
—— ——,
The final oath of the deputy surveyor must, in all cases, be taken before some offi-
cer duly authorized to administer oaths. It is preferable that all oaths—both pre-
liminary and final—of assistants should also be taken before such officer. In cases,
however, where great delay or inconvenience would result from a strict compliance
with this rule, the deputy surveyor is authorized to administer the necessary oaths.
to his assistants, but in each case where this is done he must submit a full written
report to the proper surveyor-general of the circumstances of such case.
To enable the deputy surveyor to fully understand and appreciate the responsibility
under which he is acting, his attention is invited to the provisions of the second sec-
tion of the act of Congress, approved August 8, 1846, entitled “An act to equalize the
compensation of the surveyors-general of the public lands of the United States, and
for other purposes,” and which is as follows:
“SEC. 2. That the surveyors-general of the public lands of the United States, in ad-
dition to the oath now authorized by law to be administered to deputies on their ap-
pointment to office, shall require each of their deputies, on the return of his surveys,
to take and subscribe an oath or affirmation that those surveys have been faithfully
and correctly executed according to law and the instructions of the surveyor-general;
and on satisfactory evidence being presented to any court of competent jurisdiction
that such surveys, or any part thereof, had not been thus executed, the deputy mak-
ing such false oath or affirmation shall be deemed guilty of perjury, and shall suffer
all the pains and penalties attached to that offense; and the district attorney of the
United States for the time being, in whose district any such false, erroneous, or fraudu-
lent surveys shall have been executed, shall, upon the application of the proper sur-
veyor-general, immediately irrstitute suit upon the bond of such deputy ; and the in-
stitution of such suit shall act as a lien upon any property owned or held by such
deputy, or his sureties, at the time such suit was instituted.
SPECIMIEN FIELD NOTES AND PLATS.
Diagram A illustrates the method of laying off tracts of land 24 miles square, as
nearly as practicable, by the survey of principal lines, and the survey of exteriors or
608 SURVEYS OF THE PUBLIC LANDS.
township lines within such tracts, north of the base line and east of the principal me-
ridian. The same general principles will apply equally to the survey of such tracts
differently located with reference to the initial point. The topography, noted on said
diagram is on those portions of the lines of surveys for which specimen field notes are
IVéll. -
§ JDiagram B illustrates the method of laying off a township into sections and quarter-
sections. In the subdivision of townships lying 80wth of and contiguous to the base
line, or to any standard parallel, the lines between the northern tier of sections will
be run north as true lines; quarter-section corners will be established at 40 chains,
closing section corners will be established at the points of intersection of such lines
with the base or standard lines (as the case may be), and the course and distance from
such corners to the nearest corner upon the line closed upon are to be accurately as-
certained and set down in the field notes.
Diagram C illustrates the mode of establishing stone, post, and mound corners for
townships, sections, and quarter-sections. -
Specimen field notes Nos. 1,2,3,4, and 5 illustrate, respectively, the mode and order
of surveying standard lines, meridian lines, exteriors or township lines, resurveying
exteriors or township lines, and subdividing a township into sections and quarter-sec-
tions. The attention of the deputy is particularly directed to these specimens, as indi-
cating not only the method in which his work is to be conducted, but also the order,
manner, language, &c., in which his field notes are required to be returned to the Sur-
veyor-general's office; and such specimens are to be deemed part of these instructions,
and any departure from their details, without special authority, in cases where the
circumstances are analogous in practice, will be regarded as a violation of his contract and
oath.
The subdivisions of fractional sections into 40-acre lots (as near as may be) are to
be so laid down on the official township plat in dotted black lines as to admit of giv-
ing to each a specific designation, if possible, according to its relative position in the
fractional section, as per examples afforded by Diagram B, as well as by a number,
in all cases where the lot cannot properly be designated as a quarter-quarter. Those
fractional subdivision lots which are not susceptible of being described according to
Telative local position, are to be numbered in regular series; those bordering on the
Inorth boundary of a township to be numbered progressively from east to west, and
those bordering on the west boundary of a township to be numbered progressively
from north to south, in each section. As section 6 borders on both the north and west
boundaries of the township, the fractional lots in same will be numbered as follows:
Commencing with No. 1 in the northeast, thence progressively west to No. 4 in the
northwest, and south to No. 7 in the southwest corner of the section,
In numbering fractional lots, other than those above specified (wherever practica-
ble and as a general rule), the series should commence with No. 1 in the northeastern
or the most easterly fractional lot, and continue from east to west, and west to east,
alternately, to the end of the series, as shown in Diagram B; but such general rule is
departed from under circumstances given as examples in said diagram.
Interior lots are to be, as nearly as possible, 20 chains long by 20 chains wide; and
the excess or deficiency of measurement is always to be thrown on the lots bordering
on the northern and western boundaries of the township, or those made fractional by
meander lines.
The official township plat to be returned to the General Land Office is to show on
its face, on the right-hand margin, the meanders of navigable streams, islands, and
lakes. Such details are wanted in the adjustment of the surveying accounts, but
may be omitted in the copy of the township plat to be furnished to the district land
office by the surveyor-general. A suitable margin for binding is to be preserved on
the left-hand side of each plat. Each plat is to be certified, with table annexed, ac-
cording to the forms subjoined to “Diagram B,” and is to show the areas of public
land, of private surveys, and of water, with the aggregate area as shown on the dia-
gram.
Each township plat is to be prepared in triplicate : one for the General Land Office,
one for the United States district land office, and the third to be retained as the record
in the office of the surveyor-general.
The plat for the local land office must not be forwarded until notice is received by
the Surveyor-general from the Commissioner of the General Land Office that the sur-
vey represented on said plat has been approved.
The plats must be prepared as nearly as possible in accordance with the specimen
plat designated as ‘‘Diagram B.” The use of all fluids, except a preparation of India
ink of good quality, must be avoided by the draughtsman in delineations relating to
the public surveys. All lines, figures, &c., must be sharply defined. All lettering on
the plats must be clear and sharp in outline and design, and ornamentation of any
kind is prohibited. These requirements are necessary in order that everything shown
. original plats may be fairly reproduced in making photolithographic copies of
the same.
SURVEYS OF THE PUBLIC LANDS. 609
All towns, settlements, permanent buildings, private claims, reservations, water,
courses, ditches, lakes, islands, mountains, buttes, caſions, roads, railroads, telegraph
lines, canals, &c., will be shown upon the plats and designated by proper names where
such are known.
The mean magnetic declinations determined at the date of the survey of the exterior
and subdivisional lines will be entered upon each plat in the manner shown in Dia-
gram B. This will be ascertained by taking the mean of the greatest and least mag-
netic declination found at the dates of surveys, excluding such changes as are clearly
attributable to local attraction.
All plats are to be drawn to a uniform scale of 40 chains to 1 inch, United States
standard.
Surveyors-general will require that the specimen plat shall be closely followed in
order that uniformity of appearance and expression of drawings representing the
public-land surveys may be attained.
The true field books, each bearing the written approval of the surveyor-general, are
to be substantially bound into volumes of suitable size, and retained in the surveyor-
general’s office, and certified transcripts of such field books (to be of foolscap size) are
to be prepared and forwarded, from time to time, to the General Land Office.
All transcripts of surveys must be written in a bold, legible hand, with durable
black ink, and such transcripts of any series of surveys included in one account for-
warded to the General Land Office must be firmly fastened together at the surveyor-
general's office prior to transmittal. -
With the copy of each township plat furnished to a district land office, the surveyor-
general is required by law to furnish descriptive notes as to the character and quality
of the soil and timber found on and in the vicinity of each surveyed line, and giving
a description of each corner.
Printed blank forms for such notes will be furnished by the General Land Office.
The forms provide eighteen spaces for meander corners, which, in most cases, will be
sufficient, ; but when the number shall exceed eighteen, the residue will have to be
inserted on the face of the township plat, to be furnished to the register of the district
land office, or on a supplemental blank form.
There is shown a series of meander corners on Diagram B, viz, from No. 1 to No. 12
on the river and island, and No. 1 to No. 5 on Lin's Lake.
THE MAGNETIC DECLINATION OR VARIATION OF THE NEEDI.E.
The magnetic declination at any place is the angle which the compass needle, when
it is correctly constructed and freely suspended, makes with the true meridian. The
true meridian is fixed, but the declination varies because the direction in which the
needle points is in a continuous state of change. Therefore, whenever a measure of
the declination of the needle is taken, the exact time (year, day of month, and hour
of the observations) should be recorded, as well as the geographical position of the
place, or its latitude and longitude expressed to the nearest minutes of arc.
The declination is called “West” when the north end of the needle points to the
west of the true meridian, and it is called “East” when the north end of the needle
points east of the true meridian. In order to give an idea of the amount of the decli-
nation at present observable within the limits of the United States we instance the
following places at or near which it reaches extreme value, which are given to the
nearest whole degree:
At Eastport, Me., the declination is 18° west.
At the mouth of the Rio Grande, Texas, 8° east.
At San Diego, Cal., 14° east.
At Sitka, Alaska, 28° east.
At Fort Yukon, Alaska, 36° east.
The accuracy with which the declination may be determined depends chiefly upon
the instrumental means, but also, and in a great measure, upon the care taken in the
use of the instruments and the selection of the proper methods and times for observing.
The instruments ordinarily at the disposal of the surveyor are sufficiently described,
but for a description and illustration of more refined ones, as used by scientists, we
refer to the instructions for magnetical observations published as Appendix No. 16,
Coast Survey Report for 1875.
Omitting any detailed notice of the irregular variations to which the magnetic
needle is subject, it becomes important for the purposes of the surveyor to refer par-
ticularly to the changes which have a special bearing upon his observations. These
are the daily variation and the secular variation.
The daily variation.—It has been found that at about the time of sunrise the north
end of the needle has a slow motion towards the east which soon ceases. The needle
is then said to be at its eastern elongation ; its north end then begins a retrograde
motion towards the west, and at about one o’clock in the afternoon reaches the point
39 L O—WOL III
610 SURVEYS OF THE PUBLIC LANDS.
at which it is said to be at its western elongation, after which it again turns back
towards the east.
The times at which the needle reaches its eastern and western elongations vary
with the seasons of the year (with the sun's declination), happening a little earlier in
summer than in winter.
The angular range between the eastern and western elongations varies also with
the seasons of the year.
. The average position of the needle for the day is called the mean magnetic merid-
20%. -
At about six o'clock in the evening (and for about an hour before and after),
throughout the year, the position of the needle coincides very nearly with the mean
magnetic meridian, and this, therefore, is the time most favorable for making obser-
vations to obtain at once the mean declination.
For reducing the direction of the needle observed at other hours to the mean mag-
netic meridian the following table is furnished. It gives to the nearest minute the
variations of the needle from its average position during the day, for each hour in the
day for the four seasons of the year.
Table for reducing the observed declination to the mean declimation of the day.

The needle points east of the The needle points west of the mean magnetic
mean magnetic meridian. meridian.
A. M. A. M. A. M.A. M. awa. M. Noon. P. M. P. M. P. M. P. M. P. M. P. U.
h h. h. h. h. h. h. h. h h. h
Hour-------------- 6 7 8 10 11 Noon. 1 5 6
f f f f f f f f f f f f f
Spring ------------ 3 4 4 3 1 || 1 4 || 5 5 4 3 2 1
Summer.---------. 4 5 5 4 1 2 4 6 5 4 3 2 l
Autumn ---------- 2 3 3 2 0 2 3 4 3 2 1. 1 0
Winter----------- 1. l 2 2 1 0 2 3 3 2 1 1 0
The secular variation of the magnetic declination is a subject of the greatest impor-
tance to surveyors. It manifests itself by a gradual change in one direction, which
at first increases slowly, then more rapidly, diminishing again afterward until the
Ineedle becomes stationary and subsequently returns by similar changes to its former
position, the whole period extending over nearly two and a half centuries. Thus it
will be seen by a table given below that at Philadelphia the declination was 84° west
in 1700, whence it diminished until in 1800 it reached a minimum 29.1 (2° 6'), and
will increase again to 6°.8 in 1880. At present all along the Atlantic and Gulf
coasts the effect of the secular variation is to increase west declinations or to decrease
east declinations by from 2' to 5’, but on the Pacific coast the effect is opposite in direc-
tion, viz, increasing east declinations by from 1' to 3’.
In Alaska, however, we have indications of a decrease of east declinations.
The following table of computed declinations at various places, taken from the
Coast Survey Report for 1874, exhibits the effect of the secular variation for a number
of places, and will be found especially useful where old lines have to be retraced.
The table should not be extended in time either way without the support of addi-
tional observations.
SURVEYS
OF THE PUBLIC LANDS.
611
EI 'O+| 10 T-+| 96 %+| 6ý ‘ſ-H 88 'ſ-H 6 ‘6+| 6'8+ | 29 '8+- | †6 'OI-+| 86'0I+| 89 "II+. Iſ II+| 8 z I-+| 8 （II+| z ºzI-+| 6† "II-+| 16 “IT-+| 8I£T-+-|-------|-------8 ‘OZ-+| ~ ~ ~ ~ 03
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612
SURVEYS OF THE PUBLIC LANDS.

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SURVEYS OF THE PUBLIC LANDS. 613
It will be observed that the amount of change is by no means the same even in
places not far remote from each other, as New York and Philadelphia.
In grouping together a table of the present rate of change much allowance must
therefore be made for possible local peculiarities that have not been ascertained.
The following statement of the present (1878) annual change in the magnetic
declination, due to the secular variation, may serve to give a general idea of the
approximate amount of change along our immediate sea-coast. For the interior
States the information is very scanty, and therefore less trustworthy, or altogether
wanting. - -
The annual change is expressed in minutes of arc, a + sign indicating increase of
Westerly or decrease of easterly declination.
s l
Locality. 3.
Maine, coast of ------------------------------------------------------------------------- . +2
Maine, interior.------------------------------------------------------------------------- +3
New Hampshire------------------------------------------------------------------------ +3%
Vermont º' ------------------------------------------------------------------------- +5
Massachusetts, eastern part------------------------------------------------------------
Massachusetts, Western part ----------------------------------------------------------. +3 to 4
Rhode Island and Connecticut.----------...-----------------. - - - - - - - - - - - - - - - - - - - - - - - - - - - +3+
New York, Long Island.--------------------------------------------------------------. +3
New York, northern and western part.------------------------------------------------- +4%
New Jersey----------------------------------------------------------------------------- +3
Pennsylvania.-------------------------------------------------------------------------- +3%
Ohio ------------------------------------------------------------------------------------ +2}
Tennessee, eastern part.---------------------------------------------------------------- +2}
Tennessee, western part.---------...--------------------------------------------------. +2
Missouri . . . . . . .------------------------------------------------------------------. +2
Delaware, Maryland, and Virginia.----------------------------------------------------- +3
West Virginia . . -------------------------------------------------------------------- +3+
North Carolina, South Carolina, and Georgia.--...-------- e is e s = * * * * * * * * * * * * * * * * * * * * * * * * = +3%
Florida, northern part ------------------------------------------------------------------ +3}
Florida, southern part ------------------------------------------------------------------ +3
Alabama and Mississippi, Gulf coast of.------------------------------------------------ +3
Louisiana, eastern part ---------------------------------------------------------------- +2%
Louisiana, western coast.--------------------------------------------------------------- +2
#. # of .------------------------------------------------------------------ +1
exas, SouthWestern part-------------------------------------------------------------
New Mexico and śń Arizona---------------------------------------------- } 0 (probably.)
California, coast of .-------------------------------------------------------------------- —1}
9tegon, coast of.----------------------------------------------------------------------- —2 to 2%
Washington Territory, coast of -------------------------------------------------------- —23 to 3
The negative sign indicates an increase of easterly direction.
METHOD OF ASCERTAINING THE TRUE MERIDIAN AND THEREBY THE MAGNETIC DECLI-
NATION OR VARIATION OF THE COMPASS.
The following chapter, on the subject of the declination of the magnetic needle, is
extracted from the revised edition of the work on surveying by Dr. Charles Davies, a
graduate of the Military Academy at West Point. The work itself will be a valuable
acquisition to the deputy surveyor, and his attention is particularly invited to the fol-
lowing chapter, which sets forth the usual easy modes by which the true meridian
and magnetic declination may be approximately ascertained; his attention is also
called to more complete statements on the subject given in the work “A treatise on
land-surveying, &c.,” by Dr. W. M. Gillespie, professor of engineering, Union College,
in chapter treating of the declination of the magnetic needle. For more refined
methods he may consult Coast Survey Report for 1875, Appendix No. 16.
METHOD OF ASCERTAINING THE TRUE MERIDIAN.
The best practical method of determining the true meridian of a place is by observ-
ing the north star. If this star were precisely at the point in which the axis of the
earth, prolonged, pierces the heavens, then the intersection of the vertical plane pass-
ing through it and the place, with the surface of the earth, would be the true meridian.
But the star being at a distance from the pole, equal to 1930' nearly, it performs a
revolution about the pole in a circle, the polar distance of which is 1930; the time of
revolution is 23 hours and 56 minutes. -
To the eye of an observer this star is continually in motion, and is due north but
twice in 23 hours and 56 minutes; and is then said to be on the meridian. Now, when
it departs from the meridian, it apparently moves east or west for 5 hours and 59
minutes, and then returns to the meridian again.
When at its greatest distance from the meridian, east or west, it is said to be at its
easterm or western elongation.
The following tables show the times of its eastern and western elongations:
514 SURVEYS OF THE PUBLIC LANDS.
Time of elongation of Polaris (a Ursae Min.), April 1, 1883, to April 1, 1884, computed for
north latitude 380, and which will serve for all latitudes from 26° to 50° north, and for all
dates from April, 1878, to April, 1888, with an error of less than five minutes.
[The times are reckoned from noon tastronomical time).]
EASTERN ELONGATIONS.

º
3
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y ": F, Ç F. 5. 3
ſº & 5 TE ; §
<! > Hº Hy <! &O
h. m. h. m. h. m. h. m. h. m. h. m.
1---------------------------------------- 18 37 16 39 14 37 12 39 10 37 8 36
7---------------------------------------- 18 14 16 16 14 14 12 16 10 14 8 11
13. -------------------------------------. 17 50 15 52 13 50 11 52 9 50 7 48
19--------------------------------------- 17 26 15 28 13 26 11 29 9 57 7 25.
* * * * * * = & º ºs º ºs e º 'º & sº as tº sº gº tº dº º sº ºn tº gº tº dº º sm º ºs s as s is is 17 03 15 05 13 03 11 05 9 03 7 01
WESTERN ELONGATIONS.
$– H
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Day. 3 ă 8 & ; ~.
3 || $ | 3 || 3 || 5 || :
5 © QD cº Ç cº
O 2. P HS ſº >
h. m. h. m. h. m. h. m. h. m. h. m.
1---------------------------------------- 18 27 16 25 14 28 12 26 10 24 8 30
7---------------------------------------- 18 04 16 02 14 04 12 02 10 00 8 06
13--------------------------------------- 17 40 15 38 13 40 11 39 9 37 7 43
19--------------------------------------- 77 17 15 15 18 17 11 15 9 13 7 19
25--------------------------------------- 16 53 14 51 12 53 10 51 8 49 6 55

The eastern elongations are put down from the beginning of April to the end of
September, and the western from the beginning of October to the end of March. The
time is computed from noon. The western elongations in the first case, and the east-
ern in the second, occurring in the-day time, cannot be used. Some of those put
down are also invisible, occurring in the evening before it is dark, or after daylight
in the morning.
In such case, if it be necessary to determine the meridian at that particular season
of the year, let 5 hours 59 minutes be added to or substracted from the time of greatest
eastern or western elongation, and the observation be made at night when the star is
on the maeridian.
The following table exhibits the angle which the meridian plane makes with the
vertical plane passing through the pole-star when at its greatest eastern or western
elongation ; such angle is called the azimuth. *
The mean angle only is put down, being calculated for the first of July of each year.
Azimuth of Polaris (a Ursae Min.) at elongation, 1878 to 1888.
[Latitude 260 to 500 north.]

26o 28o 300 32O || 34o 360 38o 400 || 420 449 || 460 || 480 500
O / O / O / O / O ş O / O / O / O / O y O / O f O /
1878 --------------. 1 29# 1 314 |1 33 |1 35 |1 37+ 1 393 |1 424 |1 45+ 1 48# 1 52', 1 56 (2003 || 2 054
1879 --------------- 293 303 || 323 34% 36# 393 || 415 || 443 48 || 51% 55} |2 00 04;
1880 --------------. 29 || 30% 323 || 343 || 36|| || 383 || 415 || 443 47% 51. 55 1 594 || 04:
1881 --------------. 28% 30% 32 || 333 || 36 38; 41 || 44 47 50% 54% 59 || 03:
1882. -------------- 283 293 || 31% | 333 35% 38 40% 43% 46# 58% 58} | 033
1883 --------------. 28 29; 313 || 33 35+ 37# 404 || 43 463 49% 53% 58 || 02:
1884 --------------- 27# 29 303 || 323 35 | 373 || 393 || 423 || 453 || 494 || 533 57# | 02:
1885 ------------. ..| 27# 283 || 30% 323 || 34% 363 393 || 42+ 45% 49, 523 57 | 02
1886 --------------- 263 283 30 32 || 34 || 36% 39 || 413 45 || 484 || 523 56% | 013
1887 --------------- 26% 28 293 || 31} | 333 || 36 || 38# 413 || 44% 48 || 51# 563 || 01
1888. -------------- 26 27# 294 313 || 333 35% 384 || 41 || 44 47% 51% 553 || 00%
SURVEYS OF THE PUBLIC LANDS. . 615
TO FIND THE TRUE MERIDIAN WITH THE THEODOLITE.
69
Take a board, of about one foot square, paste white paper upon it, and perforate it
through the center; the diameter of the hole being somewhat larger than the diame-
ter of the telescope of the theodolite. Let this board be so fixed to a vertical staff as
to slide up and down freely; and let a small piece of board, about three inches square,
be nailed to the lower edge of it, for the purpose of holding a candle.
About twenty-five minutes before the time of the greatest eastern or western elon-
gation of the pole-star, as shown by the tables of elongations, let the theodolite be
placed at a convenient point and leveled. Let the board be placed about one foot in
front of the theodolite, a lamp or candle placed on the shelf at its lower edge; and let
the board be slipped up or down until the pole-star can be seen through the hole. The
light reflected from the paper will show the cross hairs in the telescope of the theod-
olite. *.
Then, let the vertical spider's line be brought exactly upon the pole-star, and if it
is an eastern elongation that is to be observed, and the star has not yet reached the
most easterly point, it will move from the line toward the east, and the reverse when
the elongation is west. --
At the time the star attains its greatest elongation, it will appear to coincide with
the vertical spider's line for some time, and then leave it, in the direction contrary to
its former motion.
As the star moves toward the point of greatest elongation, the telescope must be con-
tinually directed to it by means of the tangent screw of the vernier plate; and when
the star has attained it greatest elongation, great care should be taken that the instru-
ment be not afterward moved.
Now, if it be not convenient to leave the instrument in its place until daylight, let
a staff, with a candle or Small lamp upon its upper extremity, be arranged at thirty
or forty yards from the theodolite, and in the same vertical plane with the axis of the
telescope. This is easily effected, by revolving the vertical limb about its horizontal
axis without moving the vernier plate, and aligning the staff to coincide with the
vertical hair. Then mark the point directly under the theodolite; the line passing
through this point and the staff, makes an angle with the true meridian equal to the
azimuth of the pole-star.
From the table of azimuths, take the azimuth corresponding to the year and nearest
latitude. If the observed elongation was east, the true meridian lies on the west of
the line which has been found, and makes with it an angle equal to the azimuth. If
the elongation was west, the true meridian lies on the east of the line; and, in either
case, laying off the azimuth angle with the theodolite, gives the true meridian.
Ö To FIND THE TRUE MERIDIAN WITH THE COMPASS.
1. Drive two posts firmly into the ground, in a line nearly east and west; the up-
permost ends, after the posts are driven, being about three feet above the surface, and
the posts about four feet apart; then lay a plank, or piece of timber three or four
inches in width, and smooth on the upper side, upon the posts, and let it be pinned or
nailed, to hold it firmly. -
2. Prepare a piece of board four or five inches square, and smooth on the under side.
Let one of the compass sights be placed at right angles to the upper surface of the
board, and let a nail be driven through the board, so that it can be tacked to the
timber resting on the posts. -
3. At about twelve feet from the stakes, and in the direction of the pole star, let a
plumb be suspended from the top of an inclined stake or pole. The top of the pole
should be of such a height that the pole star will appear about six inches below it ;
and the plumb should be swung in a vessel of water to prevent it from vibrating.
This being done, about twenty minutes before the time of elongation place the
board to which the compass sight is fastened on the horizontal plank, and slide it east
or west until the aperture of the compass sight, the plumb line, and the star are brought
into the same range. Then if the star depart from the plumb line move the compass
sight east or west along the timber, as the case may be, until the star shall attain its
greatest elongation, when it will continue behind the plumb line for several minutes,
and will then recede from it in the direction contrary to its motion before it became
stationary. Let the compass sight be now fastened to the horizontal plank. During
this observation it will be necessary to have the plumb line lighted; this may be done
by an assistant holding a candle near it. *
Let now a staff, with a candle or lamp upon it, be placed at a distance of thirty or
forty yards from the plumb line, and in the same direction with it and the compass
sight. The line so determined makes, with the true meridian, an angle equal to the
azimuth of the pole star; and from this line the variation of the needle is readily de-
termined, even without tracing the true meridian on the ground.
616 • SURVEYS OF THE PUBLIC LANDS.
Place the compass upon this line, turn the sights in the direction of it, and rote the
angle shown by the needle. Now, if the eſongation at the time of observation was
west, and the north end of the needle is on the west side of the line, the azimuth,
plus the angle shown by the needle, is the true variation. But should the north end
of the needle be found on the east side of the line, the elongation being west, the dif-
ference between the azimuth and the angle would show the variation, and the reverse
when the elongation is east.
1. Elongation west, azimuth ----------------------------------------- 20 04/
North end of the needle on the west, angle.------------------------ 40 06'
Variation ------------------ m e º an us a s m = me - e º sº sº e º is a s = * * * * * * * * * * * 60 10' West.
2. Elongation west, azimuth ----------------------------------------- 1O 59/
North end of the needle on the east, angle------------------------- 4o 50'
Variation-------------------------------------------------- 2O 51' east.
3. Elongation east, azimuth------------------------------------------ 2O 05/
North end of the needle on the west, angle.------------------------ 8o 30%
Variation------------------------------- , ſº º sº tº º sº tº ſº tº º nº gº tº ſº sº sº sº me º 60 25' West.
4. Elongation east, azimuth------------------------------------------ 1O 57/
North end of the needle on the east, angle --------------, ---------- 80 40'
Variation.-------------- ----------------------------------. 100 37° east.
The variation at West Point in September, 1835, was 6° 32' west.
The variation of the needle should always be noted on every survey made with the
compass, and then if the land be surveyed at a future time the old lines can always
be rerun.
It has been found by observation that heat and cold sensibly affect the magnetic
needle, and that the same needle will at the same place indicate different lines at
different hours of the day.
If the magnetic meridian be observed early in the morning, and again at different
hours of the day, it will be found that the needle will continue
× to recede from the meridian as the day advances, until about the
time of the highest temperature, when it will begin to return, and
at evening will make the same line as in the morning. This
change is called the diurnal variation, and varies, during the sum-
mer season, from one-fourth to one-fifth of a degree.
A very near approximation to a true meridian, and consequently
to the variation, may be had, by remembering that the pole star
very nearly reaches the true meridian when it is in the same ver-
tical plane with the star Alioth in the tail of the Great Bear,
which lies nearest the four stars forming the quadrilateral.
Af The vertical position can be ascertained by means of a plumb
A \, line. To see the spider's lines in the field of the telescope at the
* #same time with the star, a faint light should be placed near the
28-* ... • *"-8.× object glass. When the plumb line, the star Alioth, and the
Ö
north star fall on the vertical spider's line, the horizontal limb is
firmly clamped and the telescope brought down to the horizon;
a light, seen through a small aperture in a board, and held at
some distance by an assistant, is then moved according to signals,
until it is covered by the intersection of the spider's lines. A picket driven into the
ground, under the light, serves to mark the meridian line for reference by day, when
the angle formed by it and the magnetic meridian may be measured.
SURVEYS
617
OF THE PUBLIC LANDS.
Table showing the difference of lati
tude and departure in running 80 chains at any course
jrom 1 to 60 minutes.
Minutes Links Minutes. Links. Minutes. Links
1 ---------------------- 2% 21-------------------- 49 41-------------------- 953
2 ---------------------- 4} || 22. ------------------. 51% || 42.------------------- 98
3 ---------------------. 7 || 23. ------------------- 583 || 43.------------------- 100%
4---------------------- 98 || 24-------------------. 56 44.------------------- 1023
5 ---------------------- 113 || 25.-------- ---------. 58% || 45.------------------- 105
6 ---------------------- 14 26.------------------. 603 || 46.------------------- 107;
7 ---------------------- 16% || 27-------------------- 63 47-------------------- 1093
8.---------------------- 183 || 28.------------------. 65% || 48-----, -------------. 112
9 ---------------------. 21 || 29.------------------ 673 || 49.------------------- 114%
10 ---------------------- 23% || 30-------------------. 70 || 50-------------------- 116;
11 ---------------------. 25% || 31-------------------. 72% || 51-------------------- 119
12 ---------------------- 28 ll 32-------------------- 744 || 52-------------------- 121:
13 --------------------- 30% || 33.------------------- 77 || 58-------------------- 1233
14---------------------. 323 || 34-------------------- 798 || 54-------------------- 126
15 ---------------------. 35 85.------------------. 813 || 55-------------------- 128%
16 ---------------------- 373 || 36-------------------- 84 56.------------------- 1303
17 ---------------------- 393 || 37.------------------- 864 || 57-------------------- 133
18---------------------- 42 88.------------------- 883 || 58-------------------- 1353,
19 ---------------------. 44% || 89.------------------. 91 59.------------------- 1373
20 ---------------------- 463 || 40-------------------- 98% || 60-------------------- 140
TABLE OF AZIMUTHS.
Pºti | 1 mil il il e il il
tude. IIlll0. 2 miles. 3 miles. 4 miles. 5 miles. 6 miles.
O O W f/ C. & FM O f f / O f f f O Af y/ O p //
30 89 59 30, 0 89 58 59, 9 89 58 29.9 89 57 59.9 89 57 29, 9 89 56 59.8
31 89 59 28.8 89 58 57. 5 89 58 26, 3 89 57 55. 0 89 57 23. 8 89 56 52.5
32 89 59 27. 5 89 58 55. 0 89 58 22. 5 89 57 50. 0 89 57 17. 5 89 56 45. 0
33 89 59 26, 2 89 58 52.5 89 58 18, 7 89 57 44.9 89 57 11.2 89 56 37.4
34 89 59 24.9 89 58 49, 9 89 58 14.8 89 57 39.7 89 57 04. 6 89 56 29. 6
35 89 59 23. 6 89 58 47.2 89 58 10.8 89 57 34.4 89 56 58.0 89 56 21.6
36 89 59 22.2 89 58 44.4 89 58 06. 8 89 57 28.9 89 56 51. 1 89 56 13. 4
37 89 - 59 20, 8 89 58 41, 6 89 58 02. 5 89 57 23.3 89 56 44. 1 89 56 05.0
38 89 59 19.4 89 58 38.8 89 57 58.2 89 57 17. 5 89 56 36.9 89 55 56.3
39 89 59 17. 9 89 58 35. 8 89 57 53.7 89 57 11. 6 89 56 29. 6 89 55 47.5
40 89 59 16.4 89 58 32.8 89 57 49.2 89 57 05. 5 89 56 21.9 89 55 38. 3
41 89 59 14.8 89 58 29. 6 89 57 44, 4 89 56 59.3 89 56 14. 1 89 55 28.9
42 89 59 13, 2 89 58 26.4 89 57 39.6 89 56 52.8 89 56 06.0 89 55 19, 2
43 89 59 11. 5 89 58 23. 1 89 57 34.6 89 56 46.2 89 55 57.7 89 55 09, 2
44 89 59 09. 8 89 58 19, 6 89 57 29. 5 89 56 39.3 89 55 49. 1 89 54 58, 9
45 89 59 08.0 89 58 16.1 89 57 24, 1 89 56 32.1 89 55 40.2 89 54 48.2
46 89 59 06. 2 89 58 12.4 89 57 18. 6 89 56 24, 8 89 55 31. 0 89 54 37.2
47 89 59 04. 3 89 58 08. 6 89 57 12.9 89 56 17, 1 89 55 21.4 89 54 25.7
48 89 59 02. 3 89 58 04. 6 89 57 06.9 89 56 09.2 89 55 11.5 89 54 13.8
49 89 59 OO. 2 89 58 00. 5 89 57 00. 7 89 56 00. 9 89 55 01. 2 89 54 01. 4
50 89 58 58. 1 89 57. 56.2 89 56 54.3 89 55 52.6 89 54 50.5 89 53 48.5
Pºti | 7 mil 8 mil il il * &
tude. Tºll ICS IITIle S. 9 miles 10 miles. 11 miles. 12 miles
O O f f/ O t ff O f f / O f f / O f f / O f ff
30 89 56 29, 8 89 55 59, 8 89 55 29.8 89 54 59.7 89 54 29, 7 89 53 59.7
31 89 56 21.3 89 55 50. 0 89 55 18.8 89 54 47.6 89 54 16.3 89 53 45.1
32 89 56 12.5 89 55 40. 0 89 55 07. 6 89 54 35.1 89 54 O2, 6 89 53 30. 1
33 89 56 03. 6 89 55 29.9 89 54 56.1 89 54 22. 3 89 53 48.5 89 53 14.8
34 89 55 54.5 89 55 19, 4 89 54 44.4 89 54 09.3 89 53 34.2 89 52 59, 1
35 89 55 45.2 89 55 08. 8 89 54 32. 3 89 53 55.9 89 53 19, 5 89 52 43. 1
36 89 55 35.6 89 54 57.8 89 54 20. 0 89 53 42.3 89 53 04. 5 89 52 26.7
37 89 55 25.8 89 54 46. 6 89 54 07. 4 89 53 28.2 89 52 49.1 89 52 09. 9
38 89 55 15. 7 89 54 35.1 89 53 54.5 89 53, 13.9 89 52 33.2 89 51 52.6
39 89 55 05.4 89 54 23.3 89 53 41.2 89 52 59.1 89 52 17.0 80 51 34.9
40 89 54 54. 7 89 54 11.1 89 53 2.7. 5 89 52 43, 8 89 52 00. 2 89 51 16. 6
41 89 54 43.7 89 53 58, 5 89 53 13.4 89 52 28, 2 89 51 43.0 89 50 57.8
42 89 54 32.4 89 53 45.6 89 52 58. 8 89 52 12. 0 89 51 25, 2 89 50 38.4
43 89 54 20.8 89 53 32.3 89 52 43.8 89 51 55.4 89 51 06.9 89 50 18.5
44 89 54 08. 7 89 53 18, 5 89 52 28, 4. 89 51 38.2 89 50 48.0 89 49 57.8
45 89 53 56.3 89 53 04. 3 89 52 12.3 89 51 20.4 89 50 28.4 89 49 36.4
46 89 53 43.4 89 52 49, 5 89 51 55.7 89 51 01.9 89 50 08.1 89 49 14.3
47 89 53 30. 0 89 52 34.3 89 51 38. 6 89 50 42.9 89 49 47.2 89 48 51.4
48 89 53 16.1 89 52 18.4 89 51 20.7 89 50 23.0 89 49 25, 3 89 48 27. 6
49 89 53 01. 7 89 52 01.9 89 51 01. 2 89 50 02.4 89 49 02, 6 89 48 02. 8
50 89 52 46.6 89 51 44.7 89 50 42.8 89 49 40.9 | 89 48 39.0 89 47 37, 1


SURVEYS OF THE PUBLIC LANDS.
TABLE OF OFFSETS FROM TANGENT TO PARALLEL.

; 1 mile. 2 miles. 3 miles. 4 miles. 5 miles. 6 miles.
C. JFeet. I'eet. JFeet. JFeet. Feet. Feet.
30 0.39 1.54 3. 47 6, 17 9.64 13. 88
31 0.40 1. 60 3. 61 6.42 10. 03 14.44
32 0.42 1. 67 3.76 6.67 10. 42 15. 02
33 0.43 1. 73 3. 90 6.93 10, 82 15. 60.
34 0.45 1, 80 4.05 7, 20 11. 25 16. 20
35 0. 47 1. 87 4. 20 7.47 11. 68 16. 81
36 0.48 1.94 4.36 7.75 12. 11 17. 41
37 0. 50 2. 01 4.52 8.04 12. 57 18.09
38 0. 52 2. 08 4. 69 8.33 13. 02 18. 75
39 0. 54 2, 16 4.86 8.63 13. 49 19. 43
40 0. 56 2.24 5. 03 8. 95 13, 98 20. 11
41 0. 58 2. 32 5. 21 9. 27 14.48 20.85
42 0. 60 2. 40 5. 40 9, 59 14. 99 21.59
43 0.62 2.48 5. 59 9. 93 15. 52 22.35
44 0.64 2. 57 5. 79 10.29 16. 07 23. 14
45 0.67 2. 66 5.99 10. 65 16. 64 23.96
46 0, 69 2. 76 6. 20 11.02 17, 21 24.80
47 0.71 2.85 6.42 ll. 41 17. 83 25, 68
48 0.74 2.95 6. 65 11. 32 18, 47 26. 59
49 0.76 3.06 , 6.88 12. 24 19. 12 27. 54
50 0.79 3.17. 7. 12 12. 68 19.80 28, 52
; 7 miles 8 miles 9 miles 10 miles. 11 miles. 12 miles.
(O Feet. JFeet. Feet JFeet. Peet. JFeet.
30 18. 89 24, 67 31. 23 38. 55 46. 65 55, 52
31 19. 66 25, 68 32.49 40. 12 48.54 57.77
32 20.44 26. 69 33.78 41. 71 50. 47 60.06
33 21. 23 27.74 35. 10 43. 34 52.44 62. 41
34 22. 05 28. 80 36, 45 45. 00 54.45 64.80
35 22.89 29. 89 37.83 46, 71 56.62 67.26
36 23. T4 31.01 39, 25 48. 45 58. 63 69. 77
37 24.62 32. 16 40. TO 50. 24 60. 79 72.85
38 25, 52 33.33 42, 19 52. 08 63.02 75. 00
39 26.44 34.54 43.71 53. 97 65.30 77.71
40 27. 40 35. 78 45. 29 55. 91 67. 65 80. 51
41 28, 37 37. 06 46. 90 57.91 70. 07 83. 39
42 29, 38 38. 38 48. 57 59, 97 72.56 86. 35
43 30.42 39.74 50.29 62. 09 75. 13 89. 41
44 31, 50 41. 14 52. 07 64. 28 77.78 92. 57
45 32, 61 42. 59 53. 91 66, 55 80. 53 94.84
46 33.76 44.10 55. 81 68. 90 83. 37 99.22
47 34.95 45.65 57.78 71. 34 86. 32 102.72
48 36. 19 47. 27 59.83 73. 86 89.37 106.36
49 37.48 48. 95 61.96 76, 49 92. 55 110. 15
50 38, 82 50, 70 64. 17 79. 22 95. 86 114.08
SIPIECIMIENT FIELD NOTES.
- No. 1.
TITLE PAGE.
FIELD IN OTIES
OF THE SURVEY OF THE
THIRD STANDARD PARALLEL NORTH
THROUGH
Bange No. 21 East
OF THE
PRINCIPAL BASE AND MERI DIAN,
IN THE
TERRITORY OF MONTANA,
AS SURVEYED BY
JAMES M. PAGE,
D. S. DEPUTY SURVEYOR,
UNDER HIS CONTRACT No. 97,
DATED JULY 23, 1880.
Survey commenced August 23, 1880.
Survey completed August 24, 1800.
- - 619
[Second Page.]
NAMES AND DUTIES OF ASSISTANTS.
ºs e º 'º - º º º º sº - s º ºs Compassman.
NEWTON ORR - - - - - - - - - - - - - - Chainman.
BARCLAY JONES.------------ Chainman.
PETER SMITH -----. -------- Chainman.
JOHN PARKER.-------------- Chainman.
WILLIAM MAULDIN- - - - - - - - - Axeman.
HENRY NEWTON - - - - - - - - - - - - Axeman.
CLAYTON PAGE.------------- Flagman.
I N D E X.
3 35
L ; L # 1 # 1 : l ; L ;
621.
SURVEYS OF THE PUBLIC LANDS. 623
PRELIMINARY OATHS OF ASSISTANTs.
We, Newton Orr, Barclay Jones, Peter Smith, and John Parker, do solemnly swear
that we will well and faithfully execute the duties of chain carriers; that we will level
the chain upon even and uneven ground, and plumb the tally pins, either by sticking
or dropping the same; that we will report the true distance to all notable objects, and
the true lengths of all lines that we assist in measuring, to the best of our skill and
ability, and in accordance with instructions given us, in the survey of the third stand-
ard parallel north through range No. 21 east of the principal base and meridian in the
Territory of Montana.
NEWTON ORR, Chainman.
BARCLAY JONES, Chainman.
PETER SMITH, Chainman.
JOHN PARKER, Chaimman.
Subscribed and sworn to before me this 2d day of August, 1880.
[SEAL.] WILLIAM MARTIN,
lNotary Public.
We, William Mauldin and Henry Newton, do solemnly swear that we will well and
truly perform the duties of axemen, in the establishment of corners and other duties,
according to instructions given us, and to the best of our skill and ability, in the sur-
Vey of the third standard parallel north, through range No. 21 east of the principal
base and meridian in the Territory of Montana.
WILLIAM MAULDIN, Aaceman.
HENRY NEWTON, Azeman.
Subscribed and sworn to before me this 2d day of August, 1880.
[SEAL.] º WILLIAM MARTIN,
Notary Public.
THIRD STANDARD PARALLEL NORTH, THROUGH RANGE 21 EAST,
On the night of August 22, 1880, I took an observation on the star Polaris, in ac-
Cordance with instructions contained in the Manual of Surveys, and drove pickets Ol
the line thus established. *
Survey commenced August 23, 1880, with a Burt's improved solar compass.
Before commencing this survey Itest my compass on the line established last night,
and find it correct. -
I begin at the standard cor. to townships 13 north, ranges 20 and 21 east, which is a
post, 4 inches square, marked—
S.C., T. 13 N., on N.;
R. 21 E., S. 31, on E., and
R.20 E., S. 36, on W. faces, with 6 notches on N., E., & W. faces, and pits N., E.,
and W. of post, 6 ft. dist., and mound of earth around post. Thence I run
Chains. East, on S. boundary sec. 31.
a. 2040 E.
Ascend
18.00 | A point about 200 ft. above township cor., top of ridge. -
40.00 | Set a sandstone 18 × 8 × 5ins., 12 ins. in the ground, for standard + sec. cor.
marked S. C. 4 on N. face, dug pits 18 × 18 × 12 ins. E. & W. of stone, 5}
ft. dist, andraised a mound of earth 13 ft. high,3}ft. base alongside; thence
over high, rolling prairie. -
57.00 Enter pine timber.
624
SURVEYS OF THE PUBLIC LANDS.
Third standard parallel north, through range No. 21 east—Continued.
Chains.
80.00
3. 75
21.85
40.00
59. 00
68.90
80.00
3. 50
6. 00
13. 50
21. 40
30. ſ.0
40, 00
45. 10
53.00
69.00
80.00
Set a sandstone, 24 × 10 × 7 ins., 18 ins. in the ground for standard cor. to
secs. 31 and 32, marked S. C., with 5 notches on E. and 1 notch on W.
edges; from which
A pine, 12 ins. diam., bears N. 77° E., 41 lks. dist., marked T. 13 N., R.
21 E., S. 32 B.T.; *
A pine, 18 ins, diam., bears N. 50° W., 20 lbs. dist., marked T. 13 N., R.
21 E., S. 31 B. T.;
A pine, 7 ins. diam., bears S. 30° W., 119 lks. dist., marked T. 12 N., R.
21 E. S. 5 B. T.
Land high, mountainous, hilly, and rolling.
Soil sandy, gravel, and rocky ; 4th rate.
Timber, pine, 23 chs. ; mostly dead and fallen.
East, on S. boundary sec. 32.
Through timber.
Va. 2040 E.
Ravine, course S., about 30 ft. deep.
Ravine, course S. 20° E., about 20 ft. deep.
Set a sandstone, 18 × 14 × 5 ins., 12 ins. in the ground, for standard + sec.
cor., marked S. C., + on N. face, and raised a mound of stone alongside.
Pits impracticable.
Top of ridge, about 100 ft. high.
Ravine, course S., about 40 ft. deep.
Set a post, 4} ft. long, 4 ins. Square, with marked stone, 12 ins.in the ground,
for standard cor. to secs. 32 and 33, marked—
S. C., T. 13 N., R. 21 E., on N.;
S. 33, on E., and
S. 32, on W. faces, with 4 notches on E. and 2 notches on W. faces, and
raised a mound of stone 2 ft. high, 4% ft. base, around post.
Land, high and mountainous.
Soil, sandy, gravelly, and rocky—4th rate.
Timber, pine, and fur, 80 chs. ; mostly dead and fallen; some thick under-
growth same.
East, on S. boundary sec. 33.
Through timber.
Va. 2040 E.
Old Indian trail, course N. 45° W.
Leave scattering and enter heavy timber.
Leave heavy timber, enter high, open prairie.
Old Indian trail, course S. 70° W.
Ascend.
Set a sandstone, 14 × 10 × 5 ins., 10 ins. in the ground, for standard + sec.
cor., marked S C. 4 on N. face, and raised a mound of stone 1+ ft. high,
3+ ft. base, alongside. Pits impracticable.
Old Indian trail, course N. 700 W.
Top of ridge, about 300 ft. high, course N. 30° E.
Leave prairie, enter timber.
Set a sandstone, 20 × 15 × 3 ins., 15 ins. in the ground, for standard cor.
tºº. 33 and 34, marked S. C., with 3 notches on E. and W. edges; from
WIll C
A pine, 8 ins. diam., bears N. 894° E. 88 lks. dist., marked T. 13 N., R.
21 E., S. 34 B. T.;
A pine, 7 ins. diam., bears N. 74° W., 6 lks. dist. ; marked T. 13 N., R.
21 E., S. 33, B. T.;
A pine, 9 ins. diam., bears S. 43° W., 62 lks. dist.; marked T. 12 N., R.
21 E., S. 3, B. T.
Land, high and mountainous.
Soil, sandy and rocky; 4th rate.
Timber, pine and fir, 24.50 chs., with some thick undergrowth same.
SURVEYS OF THE PUBLIC LANDS. 625
Third standard parallel north, through range No. 21 east—Continued.
Chains.
9. 40
13.80
23. 84
40, 00
37. 50
40.00
47. 00
80, 00
7. 50
22, 00
40. 00
East, on S. boundary sec. 34.
Through timber. -
Wa. 2040 E.
Enter aspen thicket.
Ravine, about 12 ft. deep, and leave thicket. Ascend.
A pine, 12 ins. diam.
Set a sandstone, 16 × 12 X 5 ins., 11 ins. in the ground, for standard + sec.
cor. ; marked S. C. 4 on N. face; from which * •
A pine, 11 ins. diam., bears N. 544° E., 39 lks. dist.; marked S. C. # S.
B. T.
A pine,'10 ins. diam., bears S. 56° W., 17 lks. dist.; marked S. C. # S.
B. T.
A pine, 6 ins. diam.
Top of mountain. Set a post, 4% ft. long, 4 ins. Square, with marked stone,
12 ins. in the ground, for standard cor. to secs. 34 and 35; marked—
S. C., T. 13 N., R. 21 E., on N.; wº
S. 35, on E., and
S. 34, on W. faces, with 2 notches on
from which \-4 -
A pine, 12 ins. dfam., bears N. 45° E., 15 Iks. dist.; marked T. 13 N.,
R. 21 E., S. 35 B.T.; Ts
A pine, 15 ins. diam., bears S.48° W., 54 lbs. dist. ; marked T. 12 N.,
R.21 E., S.2 B.T. -
No other trees within limits, and raised a mound of stone around post,
Land, high, mountainous, and rolling.
Soil, sandy and rocky; 4th rate.
Timber, pine and fir—some good quality—thick undergrowth of same and
aspen; 80 chs. -
August 23, 1880.
E. and 4 notches on W. faces;
East, on S. boundary sec. 35.
Va. 2040 E.
Descend through timber.
A point about 300 ft. below last sec. cor. on top of mountain; ravine, course
N. 35° E. and ascend.
Set a sandstone 14 X 12 × 5 ins., 10 ins. in the ground, for standard + sec.
cor. ; marked S. C. 3 on N. face; from which
A § 12 ins. diam., bears N. 79° E., 140 lºs. dist., marked S. C. # S.
No other tree within limits, and raised a mound of stone alongside.
Top of ridge, *out 150 ft. above ravine, and descend over broken, rolling
TOUIDOl.
Set a sandstone, 24 × 18 × 5 ins., 18 ins. in the ground, for standard cor. to
secs. 35 and 36, marked S. C. on N., with 1 notch on E. and 5 notches on
W. edges, and raised a mound of stone 2 ft. high, 4% ft. base alongside.
Pits impracticable.
Land, high and broken:
Soil, sandy and gravelly; 4th rate. -
Timber, pine and fir, mostly dead and fallen. Some thick undergrowth
same; 80 chs.
| East on S. boundary sec. 36. - f
Wa. 2040 E
Ascend, through timber.
Top of ridge, course N. 20° E., about 100 ft. high, and descend.
A pine, 10 ins. diam. -
Set a sandstone 16 × 10 × 6 ins. 11 ins. in the ground, for standard + sec.
cor. marked S.C. 4 on N. face; from which
A Fº 12 ins. diam., bears N. 58° W., 12 lks. dist., marked S. C. 4 S.
A piºn ins. diam., bears S. 33° E., 36 lks. dist., marked S. C. # S.
B. T. - *
40 L O—WOL III
626 SURVEYS OF THE PUBLIC LANDS.
Third standard parallel north, through range No. 21 east—Continued.
Chains.
47.42 A pine, 12 ins. diam. -
72.38 A pine, 10 ins. diam. -
79.40 | A point about 450 ft. below top of ridge. Small ravine, course N. 65° E. and
ascend.
80.00 Set a post,4+ ft. long, 4 ins, square, with marked stone, 12 ins. in the ground
for standard cor. to Tps. 13 N., Rs. 21 and 22 E., marked—
i S. C., T. 13 N., on N.;
g R. 22 E., S. 31, on E., and
R. 21 E., S. 36, on W. faces; with 6 notches on N., E., and W. faces;
and raised a mound of stone 2 ft. high, 44 ft. base, around post.
Land, high, mountainous, and rolling.
Soil, sandy and rocky; 4th rate.
Timber, pine; thick undergrowth same; 80 chs. -
August 24, 1880.
GENERAL DESCRIPTION.
This line runs over the east slope of the Little Snowy Mountains. The townships.
on each side are rough and broken, but contain large groves of pine and fir timber of
fair quality, and some springs and small streams of pure clear water.
JAMES M. PAGE,
United States Deputy Surveyor.
FINAL OATHS FOR SURVEYORs.
LIST OF NAMES.
A list of the names of the individuals employed by James M. Page, U. S. deputy
surveyor, to assist in running, measuring, and marking the lines and corners described
in the foregoing field notes of the survey of the third standard parallel north, through
range No. 21 east of the principal base and meridian, in the Territory of Montana,
showing the respective capacities in which they acted.
• = • * * * * * * * * * * * * * * * * * * = • * * * * * * * * * * * * * * e = e º e s e º m s m e º e s = e e Compassman.
NEWTON ORR. ------------------------------------------------------ Chainman.
BARCLAY JONES ----- ---------------------------------------------- Chainman.
PETER SMITH------------------------------------------------------- Chainman.
JOHN PARKER - - - - - - - - - - - - - - - • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Chainman.
WILLIAM MAULDIN ------------------------------------------------- Axeman.
HENRY NEWTON .... -----. • e º e º sº sº º ºs - ---------------------- Axeman.
CLAYTON PAGE ----------------------------------------------------- Flagman.
FINAL OATHS () F ASSISTANTS.
We hereby certify that we assisted James M. Page, United States deputy surveyor,
in .# all those parts or portions of the third standard parallel north through
range No. 21 east, of the principal băse and meridian in the Territory of Montana, as
are represented in the foregoing field notes as having been surveyed by him and under
his direction; and that said survey has been in all respects, to the best of our knowl-
edge and belief, well and faithfully surveyed, and the corner monuments established
according to the instructions furnished by the United States surveyor-general for
Montana. •
, Compa&sman.
NEWTON ORR, Chainman.
BARCLAY JONES, Chainman.
PETER SMITH, Chainman.
JOHN PARKER, Chainman.
WILLIAM MAULDIN, Azeman.
HENRY NEWTON, Azeman.
CLAYTON PAGE, Flagman.
Subscribed and sworn to before me this 1st day of September, 1880.
LSEAL.] WILLIAM MARTIN, Notary Public.

SURVEYS OF THE PUBLIC LANDS. - 627
FINAL OATH OF UNITED STATES DEPUTY SURVEYOR.
I, James M. Page, United States deputy surveyor, do solemnly swear that in pur-
suance of instructions received from Roswell H. Mason, United States surveyor-gen-
eral for Montana, bearing date the tenth day of August, 1880, I have well, faithfully,
and truly, in my own proper person, and in strict conformity with the instructions
furnished by the United States surveyor-general for Montana, the Surveying Manual,
and the laws of the United States, surveyed all those parts or portions of the third
standard parallel north through range No. 21 east of the principal base and meridian
in the Territory of Montana, as are represented in the foregoing field notes as having
been surveyed by me and under my direction; and I do further solemnly swear that
all the corners of said surveys have been established and perpetuated in strict accord-
ance with the Surveying Manual, printed instructions, the special instructions of the
United States surveyor-general for Montana, and in the specific manner described in
the field notes, and that the foregoing are the true field notes of such survey; and
should any fraud be detected I wifi suffer the penalty of perjury under the provisions
of an act of Congress approved August 8, 1846,
JAMES M. PAGE,
United States Deputy Surveyor.
Subscribed and sworn to before me this 1st day of September, 1880.
[SFAI. T WILLIAM MARTIN, Notary Public.
SPECIMIEN FIELD NOTES.—NO. 2.
This specimen shows only the body of the field notes of the survey of the sixth
auxiliary meridian, east through township No. 16 north of the base and principal
meridian, in the Territory of Montana. The oaths and other portions omitted would
be of like nature to those shown in Specimen Field Notes No. 1. -
SIXTH AUXIIIARY MERIDIAN EAST THROUGH TOWNSHIP NO. 16 NORTH.
On the night of September 2, 1880, I took an observation on the star Polaris, in ae-
cordance with instructions contained in the Manual of Surveys, and drove pickets on
the line thus established.
Survey commenced September 3, 1880, with a Burt's improved solar compass.
Chains. Before commencing this survey I test my compass on the line established
last night, and find it correct.
I begin at the cor. to Tps. 15 and 16 N., Rs. 24 and 25 E., which is a post,
4 ins. square, marked—
T. 16 N., S. 31, on N. E.;
R. 25 E., S. 6, on S. E.;
T. 15 N., S. 1, on S. W., and -
R. 24 E., S. 36, on N. W. faces, with 6 notches on each edge, and pits
N., S., E., and W. of post, 6 ft. dist., and mound of earth around
post. Thence I run
North, bet. Secs. 31 and 36. º
Va. 2040 E. Qi. *~,
10.00 | Dry channel, 10 lks. wide, course E.
40.00 | Set a sandstone 18 × 10 × 3 ins. 12 ins. in the ground for 3 sec. cor. marked
+ on W. face; dug pits 18 x 18 × 12 ins. N. and S. of stone, 54 ft. dist.,
and raised a mound of earth 13 ft. high, 34 ft. base, alongside.
42.60 Stream 61ks. wide, course N. 70° W.
55, 50 ! Enter timber. * -
56.45 Ravine about 30 ft. deep, course S. 60° W., and ascend.
60, 70 i Top of ridge about 50 ft. above ravime, and descend.
72.40 Foot of ridge about 50 ft. below top, Course E. and W.
80.00 | Set a sandstone 18 x 11 × 3 ins. 12 ins. in the ground for cor. to secs. 25, 30,
31, and 36, marked with 5 notches on N. and 1 notch on S. edges; from
which º
A pine, 6 ins. diam., bears N. 629 E., 41 1ks. dist., marked T. 16 N.,
R. 25 E., S. 30 B. T.; k t
A pine, 18 ins. diam., bears S. 4149 E., 93 lks, dist. marked T. 16 N.,
§. 25 E., S. 30 B. T.;
628
SURVEYS OF THE PUBLIC LANDS.
Sixth auxiliary meridian east, through township No. 16 north–Continued.
Chains.
A pine, 12 ins. diam., bears S. 834° W., 109 lks. dist., marked T. 16 N.,
R. 24 E., S. 36 B. T.; * --
A pine, 11 ins. diam., bears N. 47° W., 45 lks. dist., marked T. 16'N,
R. 24 E., S. 25 B. T.
Land, rolling.
Soil, sandy and clay—2d and 3d rate.
Timber, pine large and good quality, with somethick undergrowth same;
24.50 chS. -
‘2.75
7.00
18, 90
40.00
45, 00
30, 00
North, bet. Sec.S. 25 and 30.
Va. 2040 E.
Through timber.
Descend.
Leave timber. *
Point about 40 ft. below last cor. ; deep cut channel; stream 12 lbs. wide;
course N. 75° W. º: *
Set a standstone 15 × 11 × 6 ins. 10 ins. in the ground for + sec. cor., marked
# on W. face; dug pits 18 x 18 × 12 ins. N. and S. of stone, 54 ft. dist.,
and raised mound of earth 13 ft. high, 3% ft. base, alongside.
Eliter bottom.
Set a post 4% ft. long, 4 ins. Square, with marked stone 12 ins. in the ground
for cor. to secs. 19, 24, 25, and 30, marked—
T. 16 N., S. 19, on N. E.;
R. 25 E., S. 30, on S. E.;
It. 24 E., S. 25, on S. W., and
S. 24, on N. W. faces, with a notches on N. and 2 notches on S. edges;
dug pits F8 × 18 × 12 ins. in each sec. 54 ft. dist., and raised mound
of earth 2 ft. high, 4} ft. base, around post.
Land, rolling and level. *
Soil, south 45 chs., clay and sandy—2d rate ; north 35 chs.—1st rate.
| Timber, pine, of good quality; 7 chs.
35.40
.40. 00.
.42. 45
47. 30
54.70
{31.45
.80, 00
| North, bet. secs. 19 and 24.
Wa. 2040 E.
Dry channel, 20 Iks. wide, course E.
Set a sandstone 16 × 8 × 4 ins. 11 ins. in the ground, for + see. cor., marked
# on W. face; dug pits 18 × 18 × 12 ins. N. and S. of stone, 5+ ft. dist., and
raised a mound of earth 13 ft. high, 3+ ft. base, alongside,
Ford's Creek, 25 lks. wide, course E, and enter willow brush.
Bend in Ford's Creek, course N. 25° W., to avoid which and save two cross-
º I fººt W. 2.00 chs., thence N. on offset line 7.40 chs.; thence E. 2.00
chs. to line.
On line on N. side of bend, coures of creek at this point N. 45° E. and leave
willow brush.
Dry channel, 25lks. wide, course S. 70° E.
Set a sandstone 18 × 10 × 4 ins. 12 ins, in the ground, for cor. to secs. 13, 18,
19, and 24, marked with 3 notches on the N. and S. .#. ; dug #. 18 ×
18 × 12 ins. in each sec., 54 ft. dist., and raised a mound of earth 2 ft. high,
4+ ft. base, alongside.
Land, nearly level bottom.
Soil, sandy loam and clay—1st and 2d rate.
No timber. Thick willow and box-elder brush along Ford's Creek.
;
;
60.
60
| North bet. secs. 13 and 18.
Wa. 2040 E. -
Leave bottom, and ascend gradually
A point about 40 ft. above bottom, top of low bluff.
Ravine, about 15ft. deep, course E. and ascend gradually overrolling ground.
Set a sandstone 14 × 10 × 4 ins. 10 ins, in the ground for + Sec. oor., marked
# on W. face; dug pits 18 × 18 × 12ins. N. and S. of stone, 5% ft. dist., and
raised Inound of earth 13 ft. high, 34 ft. base, alongside.
Top of low ridge, about 60 ft. high, and descend. &
SURVEYS OF THE PUBLIC LANDS. 629
Sixth auxiliary meridian east, through township No. 16 north–Continued.
80.00 | Set a post, 4} ft. long, 4 ins. square, with marked stone, 12 ins. in the ground,
for cor. to secs. 7, 12, 13, and 18, marked—
T. 16 N., S. 7, on N. E.;
R. 25 E., S. 18, on S. E.;
R. 24 E., S. 13, on S. W., and
S. 12, on N. W. faces, with 2 notches on N. and 4 notches on S. edges;
dug pits 18 × 18 × 12 ins. in each sec., 54 ft. dist., and raised a
mound of earth, 2 ft. high, 4% ft. base, around post.
Land rolling.
Soil, sandy and clay loam—2d rate.
No timber. .
September 3, 1880.
North, bet. secs. 7 and 12.
& War. 2040 E.
Ascend gradually.
3. 40 | A point about 20 ft. above last cor. top of low ridge, and descend.
39.50 | Stream 3 lbs. wide, course E., and ascend over rolling ground.
40, 00 | Set a sandstone 18 × 6 × 5 ins. 12 ins. in the ground, for + sec. cor. marked #
on W. face; dug pits 18 × 18 × 12 ins. N. and S. of stone, and raised a
mound of earth 13 ft. high, 3% ft. base, alongside.
71.00 Descend steep bluff. -
71.85 A point about 40 ft. below top of bluff. Stream 10 lks. wide, course E., and,
- enter bottom land.
77.00 | Leave bottom land and ascend bluff, course S. 70° E. *
80, 00 | A point about 40 ft. above bottom, and set a sandstone 30 × 8 × 4 ins. 23 ins-
in the ground for cor. to secs. 1, 6, 7, and 12, marked with one notch on
N. and 5 notches on S. edges; dug pits 18 × 18 × 12 ins. in each sec. 54 ft-
dist., and raised a mound of earth 2 ft. high.4% ft. base, alongside.
Land, rolling.
Soil, sandy and clay—2d rate.
No timber.
ſ
*
North, bet. secs. 1 and 6.
Va. 2040 E.
18, 60 | Stream, 4 lks. wide, course E.
40.00 | Set a sandstone 30 × 9 × 4 ins. 23 ins. in the ground, for + sec. cor., marked:
+ on W. face; dug pits 18 × 18 × 12 ins. N. and S. of stone, 53 ft. dist., and
raised a mound of earth 13 ft. high, 3+ ft. base, alongside. -
61.00 | Stream, 8 lks. wide, course S. 40° E.
78.42 | Intersect the fourth standard parallel north at a point 6.95 chs. E. of the
standard cor. to secs. 35 and 36, T. 17 N., R. 24 E., at which point I set a,
post 43 ft. long, 4 ins. Square, with marked stone, 12 ins. in the ground,.
marked— -
C. C., T. 16 N., on S.;
R. 25 E., S. 6, on E., and
R.24 E., S. 1, on W. faces, with 6 notches on S., E., and W. faces; dug
pits 24 × 18 × 12 ins, lengthwise on each line, S., E., and W. of post,
6 ft. dist., and raised a mound of earth 2 ft. high, 4% ft. base, aroundi
post. -
Land, level.
Soil, sandy loam—1st and 2d rate.
No timber.
tº
September 4, 1880.
31.50 chs. of this line runs through timber.
GENERAL DESCRIPTION.
Townships 16 N., Rs.24 and 25 E., are generally rolling table lands, producing an
abundant growth of grass, and there is a large amount of good bottom land along
Ford’s Creek and its tributaries. About 2 miles east of the closing cor. is a lake.
some 2 miles wide, by 2% miles long, lying in Tps. 16 and 17 N., R. 25 E.
* * JAMES M. PAGE,
SEPTEMBER 4, 1880. U. S. Deputy Surveyor.
630 SURVEY'S OF THE PUBLIC LANDS.
SPECIMEN FIELD NOTES.—No. 3.
These specimen field notes show only the body of the field notes of the survey of the
west and north boundaries of T. 13 N., R. 24 E., of the base and principal meridian in
the Territory of Montana, it being assumed that the south and east boundaries of said
township have been previously established by running the third standard parallel
north, and the sixth auxiliary meridian east. The oaths and other portions onlitted
would be of like nature to those shown in Specimen Field Notes No. 1, it being remem-
bered that only one set of chainmen is required in the survey of township lines.
ExTERIOR BouxDARIES T. 13 N., R. 24 E. -
Survey commenced September 21, 1880, with a Burt's improved solar compass.
Chains. I begin at the standard cor. to Tps. 13 N., Rs. 23 and 24 E., which is a post
: 4 ins. Square, marked—
S. C., T. 13 N., on N.;
R. 24 E., S. 31, on E., and -
R. 23 E., S. 36, on W. faces, with 6 notches on N., E., and W. faces, and
pits N. E., and W. of post 6 feet dist., and mound of earth around
post. Thence I run
North between secs. 31 and 36.
Va. 204° E. --
Descend over rough, broken ground.
1.50 | Ravine about 20 ft. deep, course N. 800 E., and ascend.
15.00 Top of hill, about 50 feet above ravine, and descend.
30.00 Head of ravine, course N. 300 E.
35.60 | Descend abruptly. -
40.00 | A point about 150 ft. below top of hill—foot of broken bluff, course E. and W.,
and set a sandstone 16 × 16 × 6 ins., 11 ins. in the ground, for + sec. cor.,
marked + on W. face, and raised a mound of stone alongside. Pits im-
practicable.
42.00 Stream, 4 lks. wide, course E., and ascend.
47.00 || Top of ridge about 80 ft. above stream, and descend.
55.35 | Ravine, about 30 ft. deep, course N. 45° E.
61.95 A point about 150 ft. below top of ridge. Spring branch, 4 lks. wide, course
S. 70° E., ascend. . - -
74.50 A point about 150 ft. above stream, and enter timber.
80.00 Set a sandstone 24×15×8 ins. 18 ins. in the ground for cor. to secs. 25, 30, 31,
and 36, marked with 5 notches on N. and 1 notch on S. edges; from which
A pine, 5 ins. diam., bears N. 22.4° E., 30 llºs. dist., marked T. 13 N.,
R. 24 E., S. 30 B. T.
A pine, 12 ins. diam., bears S. 274° E., 87 lks. dist., marked T. 13 N.,
R. 24 E., S. 31 B. T.
A pine, 10 ins. diam., bears S. 19 W., 40 lbs. dist., marked T. 13 N.,
R. 23 E., S. 36 B. T. -
A pine, 17 ins. diam., bears N. 42° W., 65 lbs. dist., marked T. 13 N.,
R. 23 E., S. 25 B. T. -
Land, mountainous, rough, and broken.
Soil, sandy and stony—4th rate.
Timber, pine, 5.50 chs., and cottonwood along streams.
North, bet. secs. 25 and 30.
Va. 2040 E.
Descend through timber. .
8.85 Ravine, about 10 ft. deep, course N. 70° E.
19.00. A point about 175 ft. below cor., ravine, about 60 ft. deep, course S. 80° E.
and ascend.
21.00 | Leave timber.
24.00 | A point about 100 feet above ravine, top of hill, and descend gradually over
rolling ground.
40.00 | Set a sandstone 16×13×3 ins. 11 ins, in the ground, for 4 sec. cor., marked
# on W. face and raised a mound of stone alongside.
75. 50 Spring branch, 2 lks. wide, course E. and ascend.
80.00 | A point about 40 ft. above stream, and set a post 4 ft. long, 4 ins. square,
- with marked stone 12 ins. in the ground for cor. to secs. 19, 24, 25, and 30,
marked— -
T. 13 N., S. 19, on N. E.; -
R. 24 E., S. 30, on S. E.; tº.
R. 23 E., S. 25, on S. W., and ~ -
S. 24 on N. W. faces, with 4 notches on N. and 2 notches on S. edges, .
and raised a mound of stone, 2 ft. high, 44 ft. base, around post.

SURVEYS OF THE PUBLIC LANDS. 631
Ecteriors T. 13 N., R. 24 E. –Continued.
Chains.
4.20
18.50
40.00
48.85
64.95
80.00
40.00
80.00
40.00
Land, hilly, rough, and broken.
Soil, sandy and rocky—4th rate. -
Timber, pine, 21.00 chs., and undergrowth same.
North, bet secs. 19 and 24.
Va. 2039 E.
Descend gradually.
A point about 40 ft, below cor. Spring branch 3 lbs. wide, course S. 70° E.
A point about 50 ft. above stream, top of ridge, course E. and W., and de-
scend over rolling ground. - sº
Set a sandstone 14 × 14 × 4 ins. 10 ins. in the ground, for 4 sec. cor., marked
+ on W. face, and raised a mound of stone alongside. Pits impracticable.
Stream, 4 lbs. wide, course E.
Stream, 4 lks. wide, course S. 700 E.
Set a sandstone 24 × 18 × 6ins. 18 ins. in the ground, for cor, to secs. 13, 18,
19, and 24, marked with 3 notches on N. and S. edges; dug pits 18 × 18 ×
12 ins. in each sec., 54 ft. dist., and raised a mound of earth alongside.
Land, broken and rolling.
Soil, rocky and sandy loam—2d and 3d rate.
Some scattering pine along streams, with yellow and rose brush.
North, bet, secs. 13 and 18.
Va. 2040 E.
Over rolling ground.
Set a sandstone 18×14×3 ins. 12 ins. in the ground, for + sec. cor., marked
# on W. face; dug pits 18×18x12 ins. N. and S. of stone, 54 ft. dist., and
raised a mound of earth 14 ft. high, 3+ ft. base, alongside.
Set a post, 4 ft. long, 4 ins. square, with marked stone, 12 ins. in the ground,
for cor. to secs. 7, 12, 13, and 18, marked—
T. 13 N., S. 7, on N. E.;
R. 24 E., S. 18, on S. E.;
R. 23 E., S. 13, on S. W., and
S. 12, on N. W. faces, with 2 notches on N. and 4 notches on S. edges;
dug pits 18X18×12 ins. in each sec., 54 ft. dist., and raised a mound
- of earth, 2 ft. high, 4% base, around post,
Land, rolling.
Soil, sandy loam—2d rate.
No timber.
September 21, 1880.
North, bet. secs. 7 and 12.
Va. 2040 E.
Set a sandstone, 16×12×3 ins. 11 ins. in the ground, for 4 sec. cor., marked
# on W. face; dug pits 18x18x12 ins. N. and S. of stone, 54 ft. dist., and
raised a mound of earth 13 ft. high, 34 ft. base, alongside.
Stream, 7 lks, wide, course N. 40° E. *
Set a post, 4 ft. long, 4 ins. square, with marked stone, 12 ins, in the ground,
for cor. to secs. 1, 6, 7, and 12, marked— -
T. 13 N, S. 6, on N. E.; -
R. 24 E., S. 7, on S. E.;
R. 23 E., S. 12, on S. W., and
S. 1, on N. W. faces, with 1 notch on N. and 5 notches on S. edges;
dug pits 18x18x12 ins. in each sec., 54 ft. dist., and raised a mound
of earth, 2 ft. high, 44 ft. base, around post.
Land, rolling. -
Soil, sandy loam—2d rate.
No timber; willow brush along stream.
632
SURVEYS OF THE PUBLIC LANDs.
Exteriors T. 13 N., R. 24 E.-Continued.
Chains.
34.00
40.00
9.28
15. 40
40.00
80.00
40.00
45.70
North, bet, secs. 1 and 6.
Va. 2040 E.
Stream, 6 lks. wide, course E. -
Set a sandstone 22 × 8 × 3 ins. 16 ins, in the ground, for + sec. cor., marked
+ on W. face; dug pits 18 × 18 × 12, ins. N. and S. of stone, 54 ft. dist.,
and raised a mound of earth, 1+ ft. high, 3} ft. base, alongside.
Set a post, 43 ft. long, 4 ins. Square, with marked stone, 12 ins. in the ground
for cor. to Tps. 13 and 14 N., Rs. 23 and 24 E., marked—
T. 14 N., S. 31, on N. E.;
R. 24 E., S. 6, on S. E.;
T. 13 N., S. 1, on S. W., and - - -
R. 23 E., S. 36, on N.W. faces, with 6 notches on each edge; dug pits
24 × 18 × 12 ins, lengthwise on each line, N., S., E., and W. of post,
6 ft. dist., and raised a mound of earth, 2 ft. high, 43 ft. base, around
post.
Land, rolling.
Soil, sandy loam—2d rate.
No timber.
2
From the cor. to Tps. 13 and 14 N., Rs. 23 and 24 E., I run east on a ran-
dom line, between said townships, the variation of my compass being 2049
E. . I set temporary half-mile and mile corners at each 40 and 80 chains, and
find the township line to be 5 miles 77 chs, and 95 lbs. long, and the falling
to be 45 lks. N. of the cor. to Tps. 13 and 14 N., Rs. 24 and 25 E. The cor-
rection for the true line will therefore be 74 liks. south, and 2.05 chs. west
per mile, and its course will be N. 79° 57' W.
From the cor. to Tps. 13 and 14 N., Rs. 24 and 25 E., which is a post, 4 ins.
square, marked— -
T. 14 N., S. 31, on N. E.; -- -
R. ., S. 6, on S. E.;
T. , S. 1, on S. W., and
R. ., S. 36, on N. W. faces, with 6 notches on each edge and pits
. E., and W. of post, 6 ft. dist., and mound of earth around post.
i.
;
• ?
TÜl
N
Il
N. 79° 57' W. on a true line bet. secs. 1 and 36.
Va. 200 E.
Over very nearly level ground.
Stream, 10 lbs. wide, course S. 70° E.
Same stream, course, N. 50° E.
Set a red sandstone, 18 × 10 × 6 ins., 12 ins. in the ground, for + sec. cor.,
marked + on N. face; dug pits 18 × 18 × 12 ins. E. and W. of stone, 54 ft.
dist., and raised a mound of earth, 1+ ft. high, 3% ft. base, alongside.
Set a sandstone, 18 × 14 × 6 ins., 12 ins. in the ground, for cor. to secs.
1, 2, 35, and 36, marked with 1 notch on E. and 5 notches on W. edges:
dug pits 18 x 18 × 12 ins. N., S., E., and W. of stone, 54 ft. dist., and
raised a mound of earth 2 ft. high, 4% ft. base, alongside.
Land, level. -
Soil, rich loam—1st class.
No timber.
N. 79° 571 W. on a true line bet. Secs. 2 and 35.
Va. 204° E.
Over nearly level ground, -
Set a sandstone, 16 × 10 × 5 ins., 11 ins. in the ground, for 4 sec. cor.,
marked + on N. face; .# pits 18 x 18 x 12 ins. E. and W. of stone, 54 ft.
dist., and raised a mound of earth 14 ft. high, 3} ft. base, alongside.
S. fork of Spring Creek, 15 lks. wide, jº. 400 E.
ºf
SURVEYS OF THE PUBLIC LANDS. 633,
Eacteriors T. 13 N., R. 24 E.-Continued.
Chains.
80, 00
18, 60
40.00
11. 60
17. 50
40.00
76. 30
80, 00
Set a post, 4 ft. long, 4 ins. square, with marked stone, 12 ins. in the ground,
for cor. to secs. 2, 3,34 and 35, marked—
T, 14 N., S. 35, on N. E.; -
R. 24 E., S. 2, on S. E.; .
T. 13 N., S. 3, on S. W., and
S. 34, on N. W. faces, with 2 notches on E. and 4 notches on W. edges;
dug pits 18 X 18 × 12 ins. in each sec., 53 ft. dist., and raised a.
mound of earth 2 ft. high, 4% ft. base, alongside. -
, Land, level.
. Soil, rich loam—1st rate. -
No timber. September 22, 1880.
N. 79° 57' W. on a true line, bet. secs. 3 and 34.
Va. 2040 E.
Ascend gradually.
Enter pine timber, in open grove.
Set a sandstone 18 × 8 × 6 ins. 12 ims. in the ground, for 3 sec. cor., marked+
on N. face; from which -
A pine, 12 ins. diam., bears N. 23° W., 89 lks. dist., marked # S. B.T.
No other tree in limits, and raised a mound of stone alongside.
Spring branch, 3 lks. wide, course S. 50° E.
A point about 150 ft. above last sec. cor. and set a sandstone 18 × 8 × 6ins.
12 ins. in the ground, for cor. to secs. 3, 4, 33, and 34, marked with 3.
lotches on E. and W. edges; from which
A gº; 36 i. diam., bears N. 45° E., 82 lbs. dist. marked T. 14N., R. 24.
., S. 34 B. T.;
A pine, 14 ins. diam., bears S. 24° W., 110 lks. dist., marked T. 13 N.,.
R. 24 E., S. 4 B. T. -
No other trees within limits, and raised a mound of stone alongside.
Land, slightly undulating. * .
Soil, sandy loam—2d rate.
Timber, pine of fine quality; 61.40 chs.
N. 79° 57' W. on a true line, bet. secs. 4 and 33.
Va. 2040 E.
Spring branch, 6 lks. wide, course N. 20° E.
Leave timber.
Set a sandstone 20 × 10 × 4ins. 15 ins. in the ground for + Sec. cor., marked
# on N. face, and raised a mound of stone, covered with earth, 2 ft, high,
4+ ft. base, alongside. --
Spring branch, 2 lks. wide, course S. 509 E.
Set a post 4 ft. long, 4 ins. square, with marked stone, 12 ins, in the ground,
for cor. to secs. 4, 5,32, and 33, marked—
T. 14 N., S. 33, on N. E.;
R. 24 E., S. 4, on S. E.; -
T. 13 N., S. 5, on S. W., and -
S. 32, on N. W. faces, with 4 notches on E. and 2 notches on W. edges;
dug pits 18 × 18 × 12ins. in each sec., 54 ft. dist., and raised a mound
of earth 2 ft. high, 4% ft. base, around post. . .
Land, nearly level. ,
Soil, sandy loam—2d rate.
Timber, pine; 17.50 chs.
N. 790 57' W. on a true line, bet. secs. 5 and 32.
Wa. 2040 E.
Spring branch, 2 lks. wide, course S, 50° E.
Set a post, 3 ft. long, 3 ins. Square, with marked stone, 12 ins, in the ground,
for # sec. cor., marked # S. on N. face; dug pits 18 × 18 × 12 ins. E. and W.
of post, 54 ft. dist., and raised a mound of earth 14 ft. high, 3} ft, base,
36. 10
40.00
*.
around post. *-
634 SURVEYS OF THE PUBLIC LANDS.
* Ecteriors T. 13 N., R. 24 E.-Continued.
80.00 | Set a sandstone 18 × 12 × 6 ins. 12 ins. in the ground, for cor. to secs. 5, 6,
31, and 32, marked with 5 notches on E. and 1 notch on W. edges; dug pits
18 x 18 × 12 ins. in each sec., 53 ft. dist., and raised a mound of earth 2 ft.
high, 4+ ft. base, alongside.
Land, level.
Soil, sandy loam—2d rate.
No timber.
N. 79° 57' W. on a true line, bet. secs. 6 and 31. -
Va. 2039 E.
40.00 Set a sandstone 22 × 10 × 3 ins. 16 ins. in the ground, for + sec. cor., marked #
on N. side; dug pits 18 × 18 x 12 ins. E. and W. of stone, 54 ft. dist., and
raised a mound of earth 14 ft. high, 3} ft. base, alongside.
77.95 The cor. to Tps. 13 and 14 N., Rs. 23 and 24 E.
Land, level.
Soil, sandy loam—2d rate.
No timber.
September 23, 1880.
2 miles 19 chs, and 90.lks. of these lines run over mountainous land; or through timber. -
GENERAL DESCRIPTION.
The northwestern portion of this township is rough, hilly, and broken. The re-
mainder consists of rolling land, with much rich bottom land along Spring Creek and
its numerous tributaries. On the hilly and rolling land are large groves of pine tim-
ber. There is one settler near the center of the township. The township should be
subdivided. *
*- JAMES M PAGE,
U. S. Deputy Surveyor.
SPECIMIEN FIELD NOTES.–No. 4.
Resurvey of a portion of the exterior boundaries of T. 25 N., R. 2 W., Wil-
lamette meridian, Oregon. *
In subdividing this township I commenced by running north on a blank line,
on the east boundary of sec. 36, va. 17° 55' E., and at 40 chs. I found the +
sec. cor. to be N. 80° E. 16 lks. dist., and at 80 chs, the sec. cor. to be E. 30
lks. dist. I therefore continued the true line north, found that no por-
tion of this east boundary was in alignment, and that many of the corners
were nearly obliterated, but that the cor. to Tps. 25 and 26 N., Rs. 1 and 2
W., was due north of the starting cor. As T. 25 N., R. 1 W., had not been
subdivided, and, consequently, no subdivision lines had been closed on
either side of this east boundary, I resurveyed the same as follows:
Finding the standard cor. to Tps. 25 N., Rs. 1 and 2 W., was a post greatly de-
cayed, and with the marks nearly obliterated, I destroyed all traces of old
cor. and re-established it as follows: -
Set a post, 44 ft. long, 4 ins. Square, 24 ins. in the ground, for standard cor. to
Tps. 25 N., Rs. 1 and 2 W., marked— -
S. C., T. 25 N., on N.;
R. 1 W., S. 31, on E., and
R. ºis. 36, on W. faces, with 6 notches on N., E., and W. faces; from
WIll (;
A black oak, 20 ins. diam., bears N. 37° E., 27 lks. dist., marked T.25 N.,
R. 1 W., S. 31 B. T.;
A burr oak, 24 ins. diam., bears N. 43° W., 35 lbs. dist., marked T. 25
N., R. 2 W., S. 36 B. T.;
A maple, 18 ins. diam., bears S. 27° W., 39 lks. dist., marked T. 24 N.,
R. 2 W., S. 1 B. T.
SURVEYS OF THE PUBLIC LANDS. 635
Chains.
North, bet. secs. 31 and 36.
1, 00
18, 00
20.00
40.00
4. 20
46.00
74. 00
80.00
Erteriors T. 25 N., R. 2 W.-Continued.
Thence I run
Va. 17O 55' E.
Through timber.
Brook, 5 lks. wide, course N. W.
Foot of hill, course N. W. and S. E.
Top of hill, about 50 ft. high.
Set a sandstone 20 × 8 × 3 ins. 15 ins., in the ground, for + sec. cor., marked
+ on W. side; dug pits 18 × 8 × 12 ins. N. and S. of stone 54 ft. dist., and
raised a mound of earth, 1+ ft. high, 3% ft. base, alongside.
From this point the old + sec. cor., which is a decayed stake, with marks
almost obliterated, bears N. 80° E., 16 lks. dist. I destroyed this stake,
and also the marks on the stump of a beech tree, described as a bearing
tree, in the field notes of original survey. No traces could be found of
poplar tree described as bearing tree in said field notes.
Descend. -
Foot of hill, about 40 ft high, and enter rich level land.
A brook, 10 lks. wide, course N. 40° E.
Set a post, 4 ft. long, 4 ins. square, 2 ft. in the ground, for cor. to secs, 25,
30, 31, and 36, marked—
T. 25 N., S. 30, on N. E.;
R. 1 W., S. 31, on S. E.;
R. 2 W., S. 36, on S. W., and -
S. 25, on N. W. faces, with 5 notches on N. and 1 notch on S. edges;
from Which l -
A birch, 24 ins. diam., bears N. 30° E., 18 lbs. dist., marked T. 25 N.,
R. 1 W., S. 30 B. T.;
A white oak, 16 ins. diam., bears S. 25° E., 60lks. dist., marked T. 25
N., R. 1 W., S. 31 B. T.;
A white oak, 14 ins. diam., bears S. 80° W., 93 lks. dist., marked T. 25
N., R. 2 W., S. 36 B. T.;
A poplar, 15 ins: diam., bears N. 60° W., 82 Iks. dist., marked T. 25 N.,
R. 2 W., S. 25 B. T. -
From this cor. the old sec. cor., a decayed post, bears E., 30 lks. dist. I de-
stroyed this post, and also the marks on old bearing trees.
Land, rolling and level.
Soil, N. and S. parts, rich loam—1st rate; middle part, sandy—2d rate.
Timber, beech, poplar, white oak, and birch.

North, bet. Secs. 25 and 30.
Va. 17 O 55' E.
Through timber.
A maple, 16 ins. diam.
Foot of rising ground, slopes E. and N. W.
An j, 18 ins. diam., which I mark # S., on W. face, for 4 sec. cor., from
W. In 10 -
A poplar, 30 ins. diam., bears N. 30° E., 100 lks. dist., marked + S. B. T.
A beech, 13 ins. diam., bears S. 24° W., 30 llºs. dist., marked + S. B. T.
From this point a post, the old + sec. cor., bears N. 75° E., 100 lºs. dist. I
lºyed this post, and also marks on the old bearing trees, a beech and
poplar.
A white oak, 16 ins. diam.
Set a post, 4 ft. long, 4 ins. square, 24 ins. in the ground, for cor. to secs, 19,
24, 25, and 30, marked—
T. 25 N., S. 19, on N. E.;
R. 1 W., S. 30, on S. E.;
R. 2 W., S. 25, on S. W., and
S. 24, on N. W. faces, with 4 notches on N. and 2 notches on S. edges;
from which -
A beech, 18 ins. diam., bears N. 30° E., 74 Iks. dist., marked T. 25 N.,
R. 1 W., S. 19 B. T.
A poplar, 26 ins. diam., bears S. 40° E., 28 lks. dist., marked T. 25 N.,
R. 1 W., S. 30 B. T.
636
SURVEYS OF THE PUBLIC LANDS.
Eacteriors T. 25 N., R. 2 W.-Continued.
Chains.
22, 10
e
40.00
44. 00
50.00
56. 40
73.00
80.00
12. 30
21.00
30.40
tºº---
40, 00
#
º
-
A burr oak, 16 ins. diam., bears S. 80° W., 36 lbs. dist., marked T. 25.
N., R. 2 W., S. 25 B. T.;
A white oak, 16 ins. diam., bears N. 45° W., 36 lks. dist., marked T. 25
N., R. 2 W., S. 24 B. T.
From this point the old sec. cor., a post, bears N. 50° E., 40 lks, dist. I de-
stroyed this post, and also the marks on old bearing trees.
Land, rolling.
Soil, rich loam—1st rate.
Timber, beach, walnut, elm, and white oak.
North, bet. secs. 19 and 24.
Va. 17O 55' E.
Through timber, gradually descending.
A white walnut, 24 ins. diam.
Set a post, 3 ft. long, 3 ins. square, 2 ft. in the ground, for + sec. cor., marked +
S. on W. face; from which .
An ash, 10 ins. diam., bears S. 409 E., 60 lbs. dist., marked # S. B. T.;
An ash, 12 ins. diam., bears N. 6° W., 13 lºs. dist., marked # S. B. T.
From this point the old + sec. cor., a post, bears S. 10 E., 45 1Rs. dist. I de-
stroyed this post, and also the marks on old bearing trees.
Foot of slope, about 80 ft. below last sec. cor. Road from Williamsburg to
Astoria, course E. and W. -
Elk Creek, 130 IRs. wide, shallow at this point, and gentle current, general
course W.
Brook, 10 lbs. wide, course S. W.
leave creek bottom, and enter upland, course E. and W.
A hickory, 14 ins. diam.
Set a granite bowlder, 20 × 12 × 4 ins., 15 ins. in the ground, for cor. to secs.
13, 18, 19, and 24, marked with 3 notches on N. and S. edges, and raised
a mound of stone alongside.
From this point, the old sec. cor., a limestone, bears N. 20° E., 16 lks. dist.
I destroyed marks on this stene. Found stumps of trees, which had prob-
ably been established as bearing trees at date of original survey, but
could not distinguish any marks on same.
Land, rolling and level.
Soil, rich loam—1st rate. Bottom is not subject to inundation.
Timber, walnut, beech, maple, ash, and hickory.
North, bet. secs. 13 and 18.
Va. 17O 55' E.
Through timber.
A white oak, 16 ins. diam.
Foot of high, broken ridge, about 200 ft. above creek bottom, course E. and
N. W. .
Top of ridge, about 75 ft. high, descends abruptly.
Set a limestone, 16 × 10 × 4 ins., 11 ins. in the ground, for + sec. cor, marked
+ on W. side, from which -
A cherry, 8 ins. diam., bears N. 30° W., 16 liks. dist., marked # S. B. T.
A cherry, 10 ins. diam., bears S. 60° W., 80 lbs. dist., marked # S. B. T.
I could find no traces of old + sec. cor., but found an old cherry tree marked
for bearing tree, and obliterated marks on same.
A burr oak, 30 ins. diam.
Foot of descent, about 300 ft. below top of ridge, and ascend.
Set a post, 4 ft. long, 4 ins. Square, 24 ins, in the ground, for cor, to secs. 7,
12, 13, and 18, marked—
T 25 N., S. 7, on N. E.;
1 W., S. 18, on S. E.;
R. 2 W., S. 13, on S. W., and
S. 12, on N. W. faces, with 2 notches on N. and 4 notches on S. faces;
from which -
A hickory, 18 ins. diam., bears N. 400 E., 14 lbs. dist., marked T. 25
N., R. 1 W., S. 7 B. T.;
A maple, 12 ins, diam., bears S. 42° E., 23 lks. dist., marked T. 25 N.,
R. 1 W., S. 18 B. T.; -
SURVEYS OF THE PUBLIC LANDS. 637
Eacteriors T. 25 N., R. 2 W.-Continued.
Chains.
13.10
40.00
68. 00
80, 00
6. 00
9. 00
20. 13
34. 06
39.00
40.00
44. 10
T9, 75
A beech, 16 ins. diam., bears S. 36° W., 16 lks. dist., marked T. 25 N., R.
2 W. S. 13 B.T.; -
A hickory, 20 ins, diam., bears N. 39° W., 38 lbs. dist., marked T. 25 N.,
R. 1 W. S. 12 B.T.
The old sec. cor., a post, was lying on the ground near this cor. I destroyed
this post. The bearing trees are those described in the field notes of orig-
inal survey, and were all newly marked.
Land (except S. 21.00 chs.), high, broken, and mountainous.
Soil, sandy and rocky—3d and 4th rate.
Timber, beech, hickory, maple, and black-jack.
North, bet. secs. 7 and 12.
Va. 17O 55' E. "
Through timber.
A black oak, 16 ins. diam.
Set a limestone 20 × 8 × 2 ins., 15 ins. in the ground, for + sec. cor., marked
# on W. side, from which
An elm, 14 ins. diam., bears S. 40° W., 16 lºs. dist., marked + S. B.T.;
An elm, 11 ins. diam., bears N. 23° W., 42 lks. dist., marked # S. B. T.
From this point, the old + sec. cor., a post, bears N. 75° W., 60 lks. dist. I
destroyed this post, and also the marks on old bearing trees.
A point about 100 ft. above last sec. cor., and foot of mountain, course E.
W
A granite rock in place 2 × 6 × 10 ft. above ground, which Imarked for cor.
to secs. 1, 6, 7, and 12, with a cross (X) at exact cor. point, and 1 notch N.
and 5 notches S. of cross.
This rock is on the top of the mountain about 300 ft. above foot. Fire has
destroyed all traces of old sec. cor. and bearing trees.
Land, mountainous and broken.
Soil, stony and rocky—4th rate.
Timber, hickory, oak, beech, and ash.
The fire above referred to was confined to a space of about 30 acres on the
the summit of the mountain.
+.
North, bet. secs 1 and 6.
Va. 17O 55' E.
Descend abruptly. - -
A black oak, 16 ins. diam., and enter timber.
A point about 250 feet below summit; foot of mountain.
An ash, 12 ins. diam.
An ash, 20 ins. diam.
Edge of ravine, about 40 ft. deep.
Bottom of ravine, and set a limestone 18 × 7 × 4 ins., 12ins. in the ground,
for + sec. cor., marked + on W. Side, from which
A poplar, 16 ins. diam., bears N. 40° E., 34 lbs. dist., marked # S. B. T.;
A poplar, 14 ins. diam., bears S. 13° W., 22 lks. dist., marked + S. B. T.
From this point the old + sec. cor., a post bears S. 809 W., 10 lks, dist. I
destroyed this post, and after a careful examination of all the trees within
limits, was unable to distinguish any marks made for bearing trees.
Leave timber, and enter open prairie, course E. and N. W.
At this point I found the old township cor., a charred stake with remains of
trench and mound. As Tps. 26 N., Rs. 1 and 2 W., had both been subdi-
vided, I could not change the location of this cor. and therefore re-estab-
lished it, as follows:
Set a post, 4} ft. long, 4 ins. Square, 24 ins. in the ground, for cor. to Tps. 25
and 26 N., Rs. 1 and 2 W., marked—
*-
N.'s, ions.w. ; and - -
% . 36 on N. W. faces, with 6 notches on each edge; from
WI11C
cherry, 6 * *: bears N. 40° E., 14 lks. dist., marked T. 26 N.,
e • 1 - 5
638
SURVEYs of THE PUBLIC LANDs.
Exteriors T. 25 N., R. 2 W,-continued.
Chains.
A white oak, 5 ins. diam., bears S. 30° E., 24 lks. dist., marked T. 25
N., R. 1 W., S. 6 B. T.;
A hickory, 8 ins. diam., bears S. 50° W., 30 llºs. dist, marked T. 25
N., R. 2 W., S. 1 B. T.; -
A chestnut, 6 ins.-diam. bears N. 28° W., 13 lks, dist., marked T. 26
N., R. 2 W., S. 36 B. T.
Land, broken, rolling, and level.
Soil, rocky and sandy loam—2d and 4th rate.
Timber, oak, ash, poplar, chestnut, and hickory.
6.50
38. 00
40.00
In subdividing this township, and running the random line west bet. secs.
7 and 18, I was unable to find the cor. to secs. 7, 12, 13, and 18. I found
the + sec. cor. bet. secs. 13 and 18, which is - .
A post, 3 ins. square, firmly set in the ground, and marked # S. on W.
side ; from which - -
A * oak, 27 ins. diam., bears N. 27° W., 27 lks. dist., marked + S.
A º oak, 30 ins. diam., bears N. 28° E., 92 lks. dist., marked # S.
From this # Sec. cor. I run north bet. Secs. 13 and 18.
- Va. 18O E.
Road from Williamsburg, course E. and W.
Fence, course E. and W., leave timber, and enter plowed ground.
At this point I again made careful search for the sec. cor., which is described
as a post, with bearing trees, but was unable to find any traces of it, and
therefore re-established cor. as follows:
Set a post 4 ft. long, 4 ins. square, with marked stone, 12 ins. in the
ground, for cor. to secs. 7, 12, 13, and 18, marked— . . .
T. 25 N. S. 7 on N. E.; .
R. 2 W. S. 18 on S. E.;
R. 3 W. S. 13 on S. W. and --
S. 12 on N. W. faces, with two notches on N. and 4 notches on S. edges;
dug pits 18 × 18 × 12 ins. in each sec., 54 ft. dist., and raised a
mound of earth 2 ft. high, 44 ft. base, around post.
Land, level.
Soil, rich loam—1st rate.
Timber, oak.
sPECIMIEN FIELD NOTEs.
No. 5.
TITLE PAGE. " .
FIELD NOTES
OF THE SURVEY OF THE
SUBDIVISION AND MEANDER LINEs.
OF
Township No. 6 North, RANGE No. 34 EAST,
OF THF.
PRINCIPAL B A S E A N D M E R ID I A N
MONTANA TERRITORY,
AS SURVEYED BY
WALTER W. de LACY,
U. S. DEPUTY SURVEYor,
UNDER HIS CONTRACT,
NO. 87,
DATED JULY 3, 1880.
Survey commenced August 6th, 1880.
Survey completed August 16th, 1880.

640 surveys of THE PUBLIC LANDs.
[Second page.]
NAMES AND DUTIES OF ASSISTANTS.
wº-ºº- ---------------Compassman.
WLLLIAM MORAN.----...----. Chainman.
PETER COOPER.------------- Chainman.
ARTHUR F. FOWLER...... --- Axeman
FRANKLIN J. SAGE ---------- Axeman
JOHN PARKER -------------- Flagman.
, a I N D E X.
Township 25 north. R. 2 west.

6 l 5 4 º 3 º 2 1
"—102— 101 97 93 90 88—
7 l 8 l 9 10 11 85 12
------------|-- 86—
18 17 96 16 l 15 14 84 13
*º- ºnal 96 92 88 84
19 l 20 35 21 g2 22 38 23 34 24
— 99— 99 95 — --—91 --88 88–
30 99 29 g; 28 g1 27 §7 26 83 25
—98 98 94 91 87 82—
31 r 32 t 38 r 34 r 35 f 36
#::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
*.
SURVEYS OF THE PUBLIC LANDS. 641
PRELIMINARY OATHS OF ASSISTANTS.
We, William Moran and Peter Cooper, do solemnly swear that we will well and
faithfully execute the duties of chain carriers; that we will level the chain over even
and uneven ground, and plump the tally pins either by sticking or dropping the same;
that we will report the true distance to all notable objects, and the true lengths of all
lines that we assist in measuring, to the best of our skill and ability, and in accord-
ance with instructions given us in the survey of the subdivision and meander lines of
Township No. 6 Inorth, of Range No. 34 east, of the principal base and meridian in the
Territory of Montana.
WILLIAM MORAN, Chainman.
PETER COOPER, Chainman.
Subscribed and sworn to before me this second day of August, 1880.
JOHN JENKINS,
[SEAL. J Notary Public.
We, Arthur F. Fowler and Franklin J. Sage, do solemnly swear that we will well
and truly perform the duties of axemen in the establishment of corners and other
duties, according to instructions given us, and to the best of our skill and ability, in
the survey of the subdivision and meander lines of Township IIo. 6 north, of Range
No. 34 east, of the principal base and meridian in the Territory of Montana.
ARTHUR F. FOWLER, Azeman.
FRANKLIN J. SAGE, Aaceman.
Subscribed and sworn to before me this second day of August, 1880.
[SEAL.] JOHN JENKINS,
Notary Public
T. 6 N., R. 34 E.
Chains. Preliminary to commencing this survey, I ran west on a blank line on the
south boundary of Sec. 36, and at 39.97 chs. found the + Sec. cor. and at 80.01
chs. found the sec. cor. As the east boundary of Sec. 31 crosses the Yellow-
stone River it was not re-run. My compass will therefore run the samelin
as the exterior boundaries, and the chaining practically agrees. -
Survey commenced August 6, 1879, with a Burt's improved solar compass.
I commenced at the cor. to Secs. 1, 2, 35, and 36, on the south boundary,
which is a sandstone 30×8×2} ins. firmly set in the ground, with one notch
on E. and 5 notches on W. edges, and pits 18X18×12 ins, in each Sec. 54 ft.
dist. with mound of earth 2 ft. high, 43 ft. base alongside. Thence I run
North bet. Secs. 35 and 36.
Va. 180 30' E.
20.00 | Enter scattering timber. Alexander's house bears N. 31° W.
31.00 Leave scattering timber.
40.00 Set a post 3 ft. long, 3 ins. Square, with marked stone, 12ins. in the ground,
for + sec. cor., marked # S. on W. side, dug pits 18 × 18 × 12 ins. N. and S.
of post, 5+ ft. dist., and raised a mound of earth 1+ ft. high, 3+ ft. base,
around post.
Alexander’s house bears S. 5339 W.
52.70 | Enter brush.
53.82 Right bank of the Yellowstone River. Set a post 4 ft. long, 4 ins. square,
with marked stone, 12 ins. in the ground, for meander cor. to fractional
secs. 35 and 36, marked M. C., and
T. 6 N. on S.,
R. 34 E. S. 36 on E., and
S. 35 on W., faces, dug pit 3 ft. square, 12 ins. deep, 8 lks. S. of post,
and raised mound of earth 2 ft. high, 4% ft. base, around post.
There being an island on line on N. side of channel, I send aflag across, and
set it on line bet. Secs. 35 and 36, on bar S. of island. I then go across to
flag and run a base line W. 11.14 chs., to a point from which meander cor.
on right bank bears S. 37° 50' E., which gives for distance across the river
to edge of bar 14.34 chs. I then run north from flag 66 lbs. to south bank
of island, making the whole distance 53.82-i-14.34 + 0.66 chs., or
41 L O—WOL III
642
SURVEYS OF THE PUBLIC LANDS.
Subdivisions, T. 6 N., R. 34 E.-Continued.
Chains.
68. 82
1. 33
21.50
31. 00
35.00
40.00
47.50
53.00
61. 00
66. 00
79.54
39.77
To south bank of island, which point I established by setting a post 4 ft.
long, 4 ins. square, with marked stone, 12 ins. in the ground, for meander
cor. to fractional secs. 35 and 36 on S. bank of island, marked M. C., and
T. 6 N. on N.,
R. 34 E. S. 36 on E., and
S. 35 on W., faces, dug pit 3 ft. Square, 12 ins. deep, 8 lbs. N. of post,
and raised a mound of earth 2 ft. high, 4% ft. base, around post.
Thence continue on line across island, enter brush.
Leave brush, enter timber.
Set a post 4 ft. long, 4 ins. square, with marked stone, 12 ins. in the ground,
for cor. to secs. 25, 26, 35, and 36, marked
T. 6 N. S. 25 on N. E.,
R. 34 E. S. 36 on S. E.,
S. 35 on S. W., and
S. 26 on N. W., faces, with 1 notch on S. and E. edges, from which
A cottonwood, 12 ins. diam., bears N. 124° E., 180 lbs. dist., marked T.
6 N., R. 34 E., S. 25 B. T.
A cottonwood. 18 ins. diam., bears S. 82° E., 154 lbs. dist., marked T.
6 N., R. 34 E., S. 36 B. T.
A cottonwood, 10 ins. diam., bears S. 294° W., 56 liks., dist., marked T.
6 N., R. 34 E., S. 35 B. T. $
A cottonwood, 10 ins. diam., bears N. 464° W., 119 Iks. dist., marked
T. 6 N., R. 34 E., S. 26 B. T.
Land, level.
Soil, rich loam—1st rate.
Timber, cottonwood and willow undergrowth same, 12.30 chains.
East, on a random line, bet. secs. 25 and 36.
Va. 18O 20' E.
This line is wholly on the island.
A cottonwood, 20 ins. diam.
Leave timber.
Enter timber and brush.
Leave timber and brush.
Set temporary + sec. cor.
Enter timber.
Leave timber.
Enter brush.
Leave brush, enter scattering timber.
Intersect the east boundary of the township at 58 lbs. N. of the cor. to secs.
25, 30, 31, and 36, which is a post 4 ft. long, 4 ins. square, firmly set in
the ground, marked
T. 6 N. S. 30 on N. E.,
R. 35 E. S. 31 on S. E.,
R. 34 E. S. 36 on S. W., and
S. 25 on N. W., faces, with 5 notches on N. and 1 notch on S. edges,
from which
A cottonwood, 20 ins: diam., bears N. 3040 E., 166 lbs. dist., marked T.
6 N., R. 35 E., S. 30 B. T. :
A cottonwood, 24 ins: diam., bears S. 39° E., 67 lbs. dist., marked T. 6
N., R. 35 E., S. 31 B. T.
A cottonwood, 14 ins, diam., bears S. 894° W., 170 lbs. dist., marked T.
6 N., R. 34 E., S. 36 B. T.
A cottonwood, 16 ins: diam., bears N. 230 W., 40 lbs. dist., marked T. 6
N., R. 34 E., S. 25 B. T.
Thence I run
N. 89° 35' W, on a true line, bet, secs. 25 and 36, with same va.
Set a post 3 ft. long, 3 ins, square, with marked stone, 12 ins. in the ground
for 4 sec, cor, marked # S. on N. face, dug pits 18 x 18 x 12 ins. E. and W.
of post, 54 ft. dist., and raised a mound of earth 14 ft. high, 34 ft. base,
around post.
The cor. to secs. 25, 26, 35 and 36.
Land, level
SURVEYS OF THE PUBLIC LANDS. 643
Subdivisions, T. 6 N., R. 34 E.—Continued.
Chains.
3. 50
4.83
3. 64
9.32
40.00
60. 30
78.20
80.00
22.80
37. 60
40.00
44.20
Soil, alluvial—1st rate.
Timber, cottonwood and willow, undergrowth same, 36.50 chs.
August 6, 1880.
As the line bet. secs. 26 and 35 is fractional, I run
West, on a true line, bet. secs. 26 and 35.
Va. 18O 20' E.
Leave timber.
West bank of island on river. Set a sandstone, 12 × 12 × 5 ins., 8 ins. in the
ground, for meander cor. to fractional secs. 26 and 35, marked M. C., from
which a double cottonwood, 16 ins. diam., bears N. 78° E., 157 liks, dist.,
marked T. 6 N., R. 34 E., S. 26 M. C. B. T.
A cottonwood, 18 ins. diam., bears S. 294° W., 140 lks. dist., marked T. 6 N.,
R. 34 E., S. 35 M. C. B. T.
Nºhº remainder of this line was run east from cor. to secs. 26, 27, 34,
3.1101 jº).
I now return to the cor. to secs. 25, 26, 35, and 36, whence I run
North bet. Secs. 25 and 26.
Va. 18O 20' E.
Through timber and brush.
North bank of island on river. Set a post 4 ft. long, 4 ins. Square, with
marked stone, 12 ins. in the ground, for meander cor. to fractional secs.
25 and 26, märked M. C., and
T. 6 N. on N.,
R. 34 E. S. 25 on E., and
S. 26 on W., faces; from which
Acottonwood, 8ins. diam., bears S. 524° E., 58 lks. dist., marked T. 6
N., R. 34 E., S. 25 M. C. B. T.
A cottonwood, 10 ins. diam., bears S. 31° W., 103 lks. dist., marked T. 6
N., R. 34 E., S. 26 M. C. B. T.
From this meander cor. on island I run north on bar 3. 60 chs. to water’s edge
and send flag across to left bank of river, and set it on line bet. secs. 25
and 26. I then run a base line east on bar 3.00 chs. to a point whence
flag bears N. 55.4° W., which gives for distance across 2.08 chs, by calcula-
tion. The whole distance from cor. to secs. 25, 26, 35, and 36 will therefore
be 3.64 +3.60 + 2.08 chs., making
To flag on left bank. This point I establish by setting a sandstone, 22 ×
10 × 5 ins., 16 ins. in the ground, for meander cor. to fractional secs. 25
and 26, marked M. C., and raised a mound of stone alongside. Thence I
run north on line, over level bottom.
Set a sandstone, 16 × 14 × 4 ins. 11 ins. in the ground, for + sec. cor, marked
+ on W. face, dug pits 18 × 18 × 12 ins. N. and S. of stone, 5% ft. dist., and
raised a mound of earth, 1+ ft. high, 3% ft. base alongside.
Telegraph line, course S. 55° E.
i. to Miles City.
Set a sandstone, 36 × 8 x 5 ins., 25 ins. in the ground, for cor. to secs. 23, 24,
25, and 26, marked with 2 notches on S. and 1 notch on E. edges; du
pits 18 × 18 × 12 ins. in each sec., 54 ft. dist., and raised a mound of eart
2 ft. high, 4% ft. base, alongside.
Land, level.
Soil, alluvial bottom—1st rate.
Timber, cottonwood on island, 3.64 chs.
East, on a random line, bet. secs. 24 and 25.
Va. 18930' E.
Short creek, spring water, 3 lks. wide, course S. E. Spring bears N. 20°W.,
about 5.00 chs. dist.
Stage station (Fletcher's) bears S. 414° E.
Set temporary + Sec. cor.
Fletcher's stage station bears S. 24° E.
644
SURVEYS OF THE PUBLIC LANDS.
Subdivisions, T. 6 N., R. 34 E.-Continued.
Chains.
79.90
39.95
79. 90
21.00
40.00
73.71
80.00
:
%
Intersect east boundary of township 68 llºs, N. of cor. to secs. 19,24,25, and
30, which is a post, 4 ins. square, marked
T. 6 N. S. 19 on N. E.,
R. 35 E. S. 30 on S. E.,
R. 34 E. S. 25 on S. W., and
S. 24 on N. W. faces, with 4 notches on N. and 2 notches on S. edges,
and pits 18 × 18 × 12 ins. in each Sec., 54 ft. dist., and mound of
earth 2 ft. high, 4% ft. base, around post. -
Thence I run
N. 89° 31' W., on a true line, bet. secs. 24 and 25, with same va.
Set a sandstone, 22 × 10 × 3 ins., 16 ins. in the ground, for + sec. cor., marked
# on N. face, and raised a mound of stone alongside.
The cor. to secs. 23, 24, 25, and 26.
Land, level.
Soil, alluvial bottom; 1st rate.
No timber.
North, bet. secs. 23 and 24.
Va., 18O 30' E.
Over nearly level ground.
Enter alkali flat.
Set a post 3 ft. long, 3 ins. square, with marked stone, 12 ins. in the ground,
for + sec. cor., marked # S. on W. face; dug pits 18 × 18 × 12 ins. N. and S.
of post, 5% ft. dist., and raised a mound of earth 14 ft. high, 3+ ft. base,
around post.
Alkali creek, dry, course E.
Leave alkali flat.
Set a sandstone 16 × 10 × 4ins., 11 ins. in the ground, for cor. to secs. 13, 14, 23,
and 24, marked with 3 notches on S. and 1 notch on E. edges; dug pits
18 × 18 × 12 ins. in each sec., 5+ ft. dist., and raised a mound of earth 2 ft.
high, 4% ft. base, alongside.
Land, gently rolling and level.
Soil, partly alluvial and alkali; 1st and 3d rate.
A few scattering cottonwoods on creek.
East, on a random lºº, bet. Secs. 13 and 24.
Va. 18O 30' E.
Over sage brush plain.
Left bank of Alkali Creek, dry, course N. E., thence in creek.
Set temporary + sec. cor.
Leave creek, course S. E., thence over level ground.
Intersect east boundary of township 60 lbs, north of cor. to secs. 13, 18, 19,
and 24, which is a sandstone 20 × 8 × 4 ins., I5 ins. in the ground, marked
with 3 notches on N. and S. edges, and ruound of stone alongside.
Thence I run
N. 89° 34' W., on a true line, bet. secs. 13 and 24, with same va.
The corner point being in creek, at a point 30 lks. N. on N. bank of creek, I
set a post 3 ft. long, 3ins. Square, with marked stone, 12ins. in the ground,
for witness cor. to + sec. cor., marked W. C. # S. on N. face, dug pits 18 ×
18 × 12 ins. E. and W, of post, 5+ ft. dist., and raised a mound of earth, 1}
ft. high, 3+ ft. base, around post.
The cor. to secs. 13, 14, 23, and 24.
Land, level.
Soil, alkali, and sandy loam—2d rate.
A few scattering cottonwoods on creek.
August 7, 1880.
North, bet. secs. 13 and 14.
Va. 18O 45' E.
Leave bottom and ascend. - *
Top of ºneh about 50 ft. high, course N. E., thence over gently rolling
ground. -
SURVEYS OF THE PUBLIC LANDS. 645
Subdivisions, T. 6 N., R. 34 E. —Continued.
Chains.
40, 00
68.00
72. 70
80. 00
5, 00
14.00
23. 00
28.00
40, 00
41. 70
80.00
40, 00
8. 00
40, 00
61. 10
Deposited a marked stone, 12 ins. in the ground, for + sec. cor., dug pits 18 ×
18 × 12 ins. N. and S. cor., 54 ft. dist., and raised a mound of earth 14 ft.
high, 3% ft. base, over it. In N. pit drove stake 2 ft. long, 2 ins. Square, 12
ins. in the ground, marked # S. on W. face.
Foot of bluff, about 150 ft. high, course E., and ascend.
Top of bluff, enter pine timber, and thence descend along rocky slope, slop-
ing westerly to .
A point about 100 ft. below top of bluff. This point falling on a flat rock in
place I mark a cross (X) at exact cor. point, for cor. to secs. 11, 12, 13, and
14, with 4 notches S. and 1 notch E., and raised a mound of stone along-
side. Pits impracticable. -
From corner point
A pine, 10 ins. diam., bears N. 15° E., 27 lks. dist., marked T. 6 N., R.
34 E., S. 12 B. T. -
A pine, 10 ins. diam., bears S. 42° E., 46 lks. dist., marked T. 6 N., R.
34 E., S. 13 B. T.
A £ºg 6 .."; diam., bears S. 5° W., 86 lks. dist., marked T. 6 N., R. 34
., S. 14 B. T.
A pine, 9 ins. diam, bears N. 15° W., 90 lbs. dist., marked T. 6 N., R. 34
E., S. 11 B. T.
Land, 34 chs. bottom, remainder broken.
Soil, alluvial and rocky—1st and 4th rate.
Timber, pine, 7.30 chains.
East, on a random line, bet. Secs. 12 and 13.
Va. 18O 30' E.
Ascend. -
Top of ridge, about 125 ft. high, course S. Leave timber, thence over roll-
ing ground to -
Commence descending.
Coule6, 100 ft. deep, course S. E., thence ascend.
E. side of couleč, thence over rolling ground.
Set temporary + sec. cor.
Couleč, about 30 ft. deep, course S. W.
Intersect E. boundary of township, 70 lbs. N. of cor, to secs. 7, 12, 13, and 18,
which is a post, 4 ins, square, marked
T. 6 N. S. 7 on N. E.,
R. 35 E. S. 18 on S. E.,
R. 34 E. S. 13 on S. W., and
S. 12 on N. W. faces, with 2 notches on N. and 4 notches on S. edges,
and mound of stone, 2 ft. high, 4% ft. base, around post.
Thence I run -
N. 89° 30' W., on a true line, bet. secs. 12 and 13, with same va.
Set a post, 3 ft. long, 3 ins. Square, with marked stone, 12 ins. in the ground,
. # sec. cor., marked # S. on N. face, and raised a mound of stone along-
S1016). -
The cor, to secs. 11, 12, 13, and 14.
Land, rolling and broken.
Soil, stony—4th rate.
Timber, pine—5 chs.
North, bet. secs. 11 and 12.
Va. 180 30"E.
Ascend along west side of hill, through timber.
Top of table land, about 30 ft. above la stcor., and leave timber, thence over
rolling ground.
Deposited a marked stone 12 ins. in the ground, for 4 sec. cor., dug pits 18 ×
18 × 12 ins. N. and S. of cor., 54 ft. dist., and raised a mound of earth, 1+
ft. high, 3+ ft. base, over it. In N. pit drove stake 2 ft. long, 2ins. square,
12 ins. in the ground, marked # S. on W. face.
Stream, 6 lks. wide, course E.
646
SURVEYS OF THE PUBLIC LANDS.
Subdivisions, T. 6 N., R. 34 E.—Continued.
Chains.
80.00
5. ()0
9.00
21. 60
30.00
38.00
40.00
49.00
65. 00
67.00
69.00
80. 10
40.05
80. 10
40.00
49.00
60.00
79.77
39.77
79.77
Set a sandstone 20 × 6 × 4 ins., 15 ins. in the ground, for cor. to secs. 1, 2,
11, and 12, marked with 5 notches on S. and 1 notch on E. edges, dug pits
18 × 18 x 12 ins. in each sec., 54 ft. dist., and raised a mound of earth, 2
ft. high,43 ft. base, alongside.
Land, rolling.
Soil, sandy—3d rate.
Timber, pine, 8 chs.
East, on a random line, bet. secs. 1 and 12.
Va. 18O 30' E.
Commence descending.
Enter pine timber.
Couleć, about 100 ft. deep, course N. W.
Couleó, about 15 ft. deep, course N. E.
Couleč, about 18 ft. deep, course N. E.
Set temporary + sec. cor.
Couleč, about 12 ft. deep, course N. E., ascend about 75 ft. to
Top of ridge, course N. E.
Descend
Foot of ridge, about 100 ft. below top, and leave timber.
Intersect E. boundary of township at 42 lbs. N. of cor. to secs. 1, 6, 7, and
12, which is a sandstone 20 × 4 × 3 ins., 15 ins. in the ground, marked
. 1 notch on N. and 5 notches on S. edges, and mound of stone along-
81C162.
Thence I run
N. 89° 42' W., on a true line, bet. secs. 1 and 12, with same va.
Set a sandstone 18 × 14 × 3 ins. 12 ins. in the ground, for + sec. cor., marked
+ on N. face; from which
A pine, 8 ins. diam., bears S. 31° E., 95 lks. dist., marked + S. B. T.
A pine, 12 ins. diam., bears N. 25° W., 25 lks. dist., marked # S. B. T.
The cor. to secs. 1, 2, 11, and 12.
Land, rolling and broken.
Soil, sandy and rocky—3d and 4th rate.
Timber, pine, of excellent quality—60 chs.
North, on a random line, bet, secs. 1 and 2.
Va. 18O 30' E.
Over rolling ground.
In couleč, about 20 ft. deep, course S. E.
Set temporary + sec. cor.
Couleč, about 15 ft. deep, course S. E.
Couleč, about 20 ft. deep, course S. E.
Intersect north boundary of township at 45-lks. west of cor. to secs. 1, 2,35,
and 36, which is a sandstone 20 × 8 × 4 ins., firmly set in the ground, with
pits 18 × 18 × 12 ins. in each sec., 54 ft. dist., and mound of earth 2 ft.
high, 4% ft. base, alongside.
Thence I run
S. 0°19'W., on a true line, bet. secs. 1 & 2, with same va.
A pine, 7 ins. diam., which I marked # S. on W. face, for + sec. cor., dug
pits, 18 × 18 × 12 ins., N. and S. of tree, 54 ft. dist., and raised a mound
of earth around tree. #
The cor. to secs. 1, 2, 11, and 12.
Land, rolling.
Soil, sandy and alkali—3d rate.
Timber, scattering pines in coulečs.
August 10, 1880.
From the cor. to secs. 2, 3, 34, and 35, on the south boundary of the town-
ship, which is a post, 4 ins. square, marked
T. 6 N. S. 35 on N. E.,
R. 34 E. S. 2 on S. E.,
SURVEYS OF THE PUBLIC LANDS. 647
Subdivisions, T. 6 N., R. 34 E.-Continued.
Chains.
40.00
80.00
40.00
69. 30
26.30
40.00
48. 70
57. 40
T. 5 N. S. 3 on S. W., and
S. 34 on N. W., faces, with 2 notches on E. and 4 notches on W. edges;
and mound of stone, 2 ft. high, 4% ft. base, around post; I run
North, bet. secs. 34 and 35.
Va. 189 30' E.
Over level bottom.
Set a sandstone, 24 × 14 × 3ins., 18ins. in the ground, for + sec. cor., marked
# on W. face, dug pits 18 × 18 × 12 ins. N. and S. of stone, 5% ft. dist., and
raised a mound of earth 13 ft. high, 34 ft, base, alongside.
Set a post 4 ft. long, 4 ins, square, with marked stone, 12 ins. in the ground,
for cor. to secs. 26, 27, 34, and 35, marked
T. 6 N. S. 26 on N. E.,
R. 34 E. S. 35 on S. E.,
S. 34 on S. W., and
S. 27 on N. W. faces, with 1 notch on S. and 2 notches on E. edges,
dug pits 18 × 18 × 12 ins. in each Sec., 5+ ft. dist., and raised a mound of
earth, 2 ft. high, 4% ft. base, alongside. -
Land, level.
Soil, alluvial bottom—1st rate.
No timber.
As a portion of the line bet. secs. 26 and 35 has been run west from the cor.
to secs. 25, 26, 35, and 36, I run
East, on a true line, bet. secs. 26 and 35.
Va. 18.Q 30' E.
Over level bottom.
Deposited a marked stone, 12 ins. in the ground, for + Sec. cor., dug pits 18 ×
18 × 12 ins. E. and W. of cor., 53 ft. dist., and raised a mound of earth 13 ft.
high, 3% ft, base, over it. . In E. pit drove a stake 2 ft. long, 2 ins. Square,
12ins. in the ground, marked # S. on N. face.
Left bank of Yellowstone River. Set a sandstone 20 × 10 × 6ins., 15 ins. in
the ground, for meander cor. to fractional sees. 26 and 35, marked M. C.,
and raised a mound of stone alongside.
In order to get the distance across the river Irun north 201ks, to a point west
of meander cor on island on this line. Ithen run a base line south 3.00 chs.
to a point whence meander cor. on island bears N. 65° E., which gives for
distance, by calculation, 6.43 chs.
| The length of the line bet. secs. 26 and 35 is as follows:
East of arm of river, on island -----...-------------------------. 4.83 chs.
Across river -------------------------------------------------- 6. 43 “
West of river, on main land ----------------------------------- 60. 30 “
Total.-------------------------------------------------- 80. 56 “
Land, level.
Soil, alluvial bottom—1st rate.
Timber, cottonwood, 3.50 chs. on island.
I now return to the cor. to secs. 26, 27, 34, and 35, and run
North, bet. secs. 26 and 27. - -
Va. 18O 30' E.
Over gently rolling ground.
Telegraph line; course N. E.
Set a post 3 ft. long, 3 ins. Square, with marked stone, 12 ins. in the ground,
for + sec. cor., marked # S. on W. face; dug pits 18 × 18 × 12 ins. N. and S.
of post, 5+ ft. dist., and raised a mound of earth 13 ft. high, 34 ft. base,
around post.
Spring branch 1.lk. wide, course S. 80° E.
From this point a spring of pure, cold water, about 2 ft. diam., bears N. 709
W., 2.36 chs. dist.
Road to Miles City, course N. E.
648
SURVEYS OF THE PUBLIC LANDS.
Subdivisions, T. 6 N., R. 34 E.-Continued.
Chains.
80, 00
27.00
40.00
78. 40
80, 00
40.00
80, 00
40.00
9, 20
40, 00
61. 00
70. 50
79.84
39.92
79.84
Set a post 4 ft. long, 4 ins. square, with marked stone, 12 ins. in the ground,
for cor. to secs. 22, 23, 26, and 27, marked—
T. 6 N. S. 23 on N. E.,
R. 34 E. S. 26 on S. E.,
S. 27 on S. W., and -
S. 22 on N. W. faces, with 2 notches on S. and E. edges; dug pits 18 ×
18 × 12 ins. in each sec., 54 ft. dist., and raised a mound of earth 2ft.
high, 4% ft. base, around post.
Land, gently rolling.
Soil, sandy—2d rate.
No timber. -
East, on a Tandom line, bet. Secs. 23 and 26.
Va. 18C 30' E.
Over gently rolling ground.
Road to Miles City, course N. E.
Set temporary + sec. cor.
Road to Miles City, course S. 50° E.
nºt N. and S. line 37 lks. S. of cor, to secs. 23, 24, 25, and 26. Thence
I'll Il -
S. 89° 44' W., on a true line bet. secs. 23 and 26, with same va.
Set a sandstone 14 × 10 × 6 ins., 9 ins. in the ground, for + sec. cor., marked
# on N. side, dug pits 18 × 18 × 12 ins. N. and S. of stone, 54 ft. dist., and
raised a mound of earth 13 ft. high, 34 ft. base, alongside.
The cor. to secs. 22, 23, 26, and 27.
Land, gently rolling.
Soil, sandy—2d rate.
No timber.
North, bet. secs. 22 and 23.
Va. 18° 45' E.
Over rolling ground.
Deposited a marked stone 12 ins. in the ground, for 4 sec. cor., dug pits
18 × 18 × 12 ins. N. and S. of cor., 54 ft. dist., and raised a mound of earth
13 ft. high, 3} ft. base, over it. In N. pit drove stake 2 ft. long, 2 ins.
square, 12 ins. in the ground, marked + S. on W. face. Thence ascend to
Top of table land, about 40 ft. above + sec. cor.
Old Military Road, course S. E.
Set a sandstone 20×14×3 ins., 15 ins, in the ground, for cor to secs. 14, 15,
22, and 23, marked with 3 notches on S. and 2 notches on E. edges, dug
pits 18 × 18 × 12 ins. in each sec., 5+ ft. dist., and raised a mound of earth
2 ft. high, 44 ft. base, alongside.
Land, rolling and table. -
Soil, sandy—2d rate.
No timber.
East, on a random line, bet. secs. 14 and 23.
"Va. 180 35' E.
Over nearly level table land.
Old military road, course S. º
Set temporary + sec. cor.
Descend from table land to
Alkali creek, dry, course S. E., about 30 ft. below top of table land. '
intº N. and S. line 14 lks. S. of cor. to secs. 13, 14, 23, and 24. Thence
TUID. -
S. 89°54' W., on a true line, bet. secs. 14 and 23, with same va.
Set a sandstone, 18 × 12 × 4 ins., 12 ins. in the ground, for 4 sec. cor., marked
# on N. face, and raised a mound of stone alongside.
The cor. to secs. 14, 15, 22, and 23.
Land, table.
Soil, sandy—2d and 3d rate.
No timber.
August 9, 1880.
surveys of THE PUBLIC LANDs. 649
Subdivisions T. 6 N., R. 34 E.—Continued.
Chains.
11.00
22, 00
31. 00
34.00
40, 00
41, 80
43. 90
80.00
40, 00,
66. 00
68. 20
80. 06
40. 03
80. 06
26. 00
34.00
40.00
42. 00
43.25
44. 00
51. 10
80, 00
North, bet. secs. 14 and 15.
Va. 180 35' E.
Enter pine timber and ascend to
Top of small hill, about 30 ft. high, and nearly conical in shape. Descend to
Foot of hill, and leave timber.
Old military road, four wagon tracks, course N. W.
Set a sandstone, 15 × 15 × 3 ins., 10 ins. in the ground, for + sec. cor.,
marked + on W. face, dug pits 18 × 18 × 12 ins. N. and S. of stone, 5% ft.
dist., and raised a mound of earth 14 ft. high, 34 ft. base, alongside.
Commence ascending.
Top of table land, about 50 ft. above last + Sec. cor. Thence over nearly
level land to
Set a post, 4 ft. long, 4 ins, square, with marked stone, 12 ins. in the ground,
for cor. to secs. 10, 11, 14, & 15, marked—
T. 6 N. S. 11 on N. E.,
R. 34 E. S. 14 on S. E.
S. 15 on S. W., and .
S. 10 on N. W. faces, with 4 notches on S. and 2 notches on E. edges,
dug pits 18 × 18 × 12 ins. in each sec., 54 ft. dist., and raised a
mound of earth, 2 ft. high, 4% ft. base, around post.
| Land, rolling and table.
Soil, Sandy and gravelly—3d rate.
Timber, pine—20.00 chs.
East, on a random line, bet. secs. 11 and 14.
Va. 18O 30' E.
Gradually ascending.
Set temporary + sec. cor.
Point about 60 ft. above last sec. cor., foot of nearly perpendicular bluff,
course N. and S., and enter scattering pine timber.
Top of bluff, about 75 ft, high.
Intersect N. & S. line, 50 lks. N. of cor. to secs. 11, 12, 13, and 14. Thence I
TUIIl -
N. 89° 39'W., on a true line, bet. secs. 11 and 14, with same va.
Deposited a marked stone, 12 ins. in the ground, for + sec. cor., dug pits 18 ×
18 × 12 ins. E. and W. of cor., 54 ft. dist., and raised a mound of earth 14
ft. high, 3% ft. base, over it. In E. pit drove stake 2 ft. long, 2 ins. Square,
12 ins. in the ground, marked # S. on N. face.
The cor. to secs. 10, 11, 14, and 15.
Land, table and broken.
Soil, gravelly—3d rate.
Timber, scattering pine.
North, bet. Secs. 10 and 11.
Va. 18O 30' E.
Over table land.
Foot of spur of high mountain, ascend abruptly over broken ground.
Head of ravine, course S. 70° E.
Set a sandstone 20 × 8 × 4 ins., 15 ins. in the ground, for + Sec. cor., marked
+ on W. face, and raised a mound of stone ji.
Foot of sharp ridge, course E. and W. -
Top of ridge, about 40 ft. high, and about 500 ft. above last sec. cor. Descend
abruptly.
Foot, about 30ft. below top, and ascend over broken ground.
Enter heavy pine timber.
A point about 900 ft. above last sec. cor. Set a sandstone 24 × 6 × 4 ins.,
18 ins. in the ground, for cor. to secs. 2, 3, 10, and 11, marked with 511otches
on S. and 2 notches on E. edges, from which
A pine, 15 ins. diam., bears N. 67° E. 30 lks. dist., marked T. 6 N., R.
34 E., S. 2 BT. -
A pine, 27 ins. diam., bears S. 239 E. 67 lbs. dist., marked T. 6 N., R.
34 E., S. 11 B. T.
A pine, 12 ins. diam., bears S. 47° W. 110 lks. dist., marked T. 6 N., R.
34 E., S. 10 B. T.
650
SURVEYS OF THE PUBLIC LANDS.
Subdivisions, T. 6 N., R. 34 E.—Continued.
Chains.
12.00
18. 30
21. 10
24, 35
40.00
61. 10
72. 08
80. 00
40, 00
80.00
40.00
75.30
80. 10
40. 10
80. 10
A pine, 16 ins. diam.. bears N. 50° W., 82 lºs. dist, marked T. 6 N., R.
34 E., S. 3 B. T.
Land, mountainous and broken.
Soil, rocky—4th rate.
Timber, pine—28.90 chs.
54.00 chs. of line runs over mountainous land.
East, on a random line, bet. Secs. 2 and 11.
Va. 18O 30' E.
Over rough, broken ground, through timber.
Descend into deep ravine, course S. 20° E.
Bottom of ravine, about 100 ft. deep, and ascend.
Across ravine.
Descend abruptly.
Set temporary + sec. cor.
Stream 4 lbs. wide, course S. E., and leave timber.
Foot of spur, thence over rolling ground.
Infºted N. and S. line at 48 lbs. S. of cor. to secs. 1, 2, 11 and 12. Thence
TUIIl
S. 89° 39' W., on a true line, bet. secs. 2 and 11, with same va.
Set a sandstone, 16 × 4 × 4 ins., 11 ins. in the ground, for + sec. cor., marked
# on N. face, from which
A pine, 18 ins. diam., bears N. 17° E'., 48 lºs. dist., marked + S. B. T.
A pine, 14 ins. diam., bears N. 40 W., 63 lks. dist., marked + S. B. T.
The cor. to secs. 2, 3, 10, and 11.
Land, mountainous and broken.
Soil, rocky—4th rate.
Timber, pine—61.10 chs.
72.08 chs. of line runs over mountainous land.
North, on a random line, bet. secs. 2 and 3.
Va. 18O 30' E.
Ascend abruptly, through heavy pine timber.
Set temporary + sec. cor.
Top of ºr. about 850 ft. above last sec. cor. Leave timber and enter open
ground. º
intº N. boundary of township 50 lbs. W. of cor. to secs. 2, 3, 34, and 35,
WI11C
A post, 4 ins. Souare, marked
T. 7 N. S. 35 on N. E.,
R. 34 E. S. 2 on S. E.,
T. 6 N. S. 3 on S. W., and
S. 34 on N. W. faces, with 6 notches on E. and 4 notches on W. edges,
and mound of stone around post.
| Thence I run
S. 0° 21' W., on a true, line, bet. secs. 2 and 3, with same va.
A pine, 16 ins. diam., which I mark+ S. on W. face, for + sec. cor., from which
A pine, 14 ins. diam., bears S. 40° E., 781ks. dist., marked # S. B. T.
A pine, 20 ins. diam., bears N. 70° W., 24 lbs. dist., marked # S. B. T.
The cor. to secs. 2, 3, 10, and 11.
Land, mountainous and broken.
Soil, rocky—4th rate.
Timber, pine—75.30 chs.
Whole line runs over mountainous land.
August 11, 1880.
From the cor. to secs. 3, 4, 33, and 34 on the S. boundary of the township,
which is a sandstone, 23 × 4 × 3 ins., with 3 notches on E. and W. edges,
and mound of stone alongside,
I run
North, bet. secs. 33 and 34.
Va. 180 30' E.
Over bottom land.
SURVEYS OF THE PUBLIC LANDS. 651
Subdivisions, T. 6 N., R.34 E.-Continued.
Chains.
40.00
45. 10
76. 20
80.00
40.00
79.87
39.94
79.87
1. 00
3. 80
20. 00
27. 10
40.00
80. 00
Set a post 3 ft. long, 3 ins. square, with marked stone, 12 ins. in the ground,
for + sec. cor., marked # S. on W. face; dug pits 18X18×12 ins. N. and S.
of post, 5% ft. dist., and raised a mound of earth 14 ft. high, 3% ft. base,
around post.
Stream, 81ks. wide, course E., joins another stream about 20 chs. E. of line.
Stream, 8 lbs. wide, course S. E., joins first stream. -
Set a post 4 ft. long, 4 ins. square, with marked stone, 12 ins. in the ground,
for cor. to secs. 27, 28, 33, and 34, marked
T. 6 N. S. 27 on N. E.,
R. 34 E. S. 34 on S. E.,
S. 33 on S. W., and o
S. 28 on N. W. faces, with 1 notch on S. and 3 notches on E. edges;
dug pits 18X18×12 ins, in each Sec., 53 ft. dist., and raised a mound
of earth 2 ft. high, 4% ft. base, around post.
Land level. &
Soil, rich black loam—1st rate.
No timber.
East, on a random line, bet. Secs. 27 and 34.
Va. 18O 30' E. º
Over bottom land.
Set temporary + sec. cor.
Intersect N. and S. line, 27 lks. S. of cor. to secs. 26, 27, 34, and 35.
Thence I run -
S. 89° 48' W., on a true line, bet. secs. 27 and 34, with same va.
Deposited a marked stone 12 ins. in the ground for + sec. cor., dug pits 18×
18×12 ins. E. and W. of cor., and raised mound of earth 14 ft. high, 3}
ft. base, over it. In E. pit drove stake 2 ft. long, 2 ins. Square, 12 ins. in
the ground, marked # S. on N. face.
The cor. to secs. 27, 28, 33, and 34.
Land level.
Soil, rich black loam—1st rate.
No timber.
North, bet. Secs. 27 and 28.
Va. 18O 30' E.
Over bottom land.
Creek, 7 lbs. wide, course S. W.
Same creek, course S. E.
Telegraph line, course E.
Road to Miles City, course N. E.
Set a sandstone 17X6×3 ins. 11 ins. in the ground, for + sec. cor., marked #
on W. side, dug pits 18 × 18 × 12 ins. N. and S. of stone, 5+ ft. dist., and
raised a mound of earth 14 ft. high, 3% ft. base, alongside.
Set a sandstone 22×6X4 ins., 15 ins. in the ground, for cor. to secs. 21, 22,
27 and 28, marked with 2 notches on S. and 3 notches on E. edges; dug pits
18 × 18 × 12 in each sec., 54 feet dist., and raised a mound of earth 2 ft.
high, 4% ft. base, alongside.
Land, level.
Soil, rich black loam—1st rate.
No timber.
East, on a random line, bet. secs. 22 and 27.
Va. 18O 30' E.
Over level land.
Set temporary + Sec. Cor.
Small coulee, about 2 ft. deep, course S. E., thence over gently rolling land.
Intersect N. and S. line, 23 lbs. N. of cor. to secs. 22, 23, 26 and 27.
Thence I run -
N. 89° 50' W., on a true line, bet. secs. 22 and 27, with same va.
652
SURVEYS OF THE PUBLIC LANDS.
Subdivisions, T. 6.N., R. 34 E.—Continued.
Chains.
39.90
79. 80
62, 00
76. 20
80, 00
39.83
79.66
40.00
3.
§
Set a sandstone 16 × 5 × 4 ins. 11 ins. in the ground, for 4 sec. cor., marked
+ on N. side, dug pits 18×18x12 ins. E. and W. of stone, 54 ft. dist., and
raised mound of earth 13 ft. high, 3+ ft. base, alongside.
The cor. to secs. 21, 22, 27 and 28.
Land, level and rolling.
Soil, black loam and sandy, 1st and 2d rate.
No timber. August 9, 1880.
North, bet. secs. 21 and 22.
* Va. 18O 30' E. "
Over gently rolling ground, descending.
Enter swamp.
Set a sandstone 20×14×3,ins, 15 ins. in the ground, for 4 see, cor, marked #
on W. face, dug pits 18 × 18 × 12 ins. N. and S. of stone, 54 ft. dist., and
raised a mound of earth 13 ft. high, 33 ft. base, alongside.
Leave swamp, thence over gently rolling ground.
Old military road, course N. W.
Deposited a marked stone, 12 ins. in the ground, for cor. to secs. 15, 16, 21,
and 22, dug pits 18 × 18 × 12 ins, in each sec., 5% ft. dist., and raised a
mound of earth 2 ft. high, 44 ft. base, over it. In S. E. pit drove stake
2 ft. long, 2 ins. square, 12 ins. in the ground, marked *
T. 6 N. S. 15 on N. E.,
R. 34 E. S. 22 on S. E.,
S. 21 on S. W., and .
S. 16 on N. W. faces, with 3 notches on S. and E. edges.
Land, gently rolling, and Swamp.
Soil, sandy and wet loam—2d rate.
No timber.
NOTE.-Swamp can be drained into Yellowstone River.
East, on a random line, bet. secs. 15 and 22.
"Va. 180 30' E.
Over gently rolling ground.
Set temporary + sec. cor.
Commence ascending to table land.
Top, about 40 feet high, thence over table land to
mºst N. and S. line, 25 lbs. N. of cor. to secs. 14, 15, 22, and 23. Thence
I’Ull]
N. 89° 49' W., on a true line, bet. secs. 15 and 22, with same va.
Set a sandstone 16×14X5 ins., 11 ins. in the ground, for + sec. cor., marked
+ On N. face, and raised a mound of stone alongside.
The cor. to secs. 15, 16, 21, and 22.
Land, rolling and table.
Soil, sandy—2d rate.
No timber.
August 10, 1880.
North, bet. secs. 15 and 16.
Va. 189 30' E.
Over gently rolling ground.
Set a sandstone 16 × 12 × 3 ins. 11 ins. in the ground, for + Sec. cor, marked
+ on W. face, dug pits 18 × 18 × 12 ins. N. and S. of stone, 5+ ft. Hist, and
raised a mound of earth 13 ft. high, 34 ft. base, alongside. Wells' house
bears N. W. 6.00 Chs. dist.
Easterly end of pond bears W. about 10 chs. dist.
Set a sandstone 20 × 6 × 4 ins. 15 ins. in the ground, for cor. to secs. 9, 10,
15, and 16, marked with 4 notches on S. and 3 notches on E. edges, dug
pits 18 × 18×12 ins, in each sec., 54 ft. dist, and raised a mound of earth
2 ft. high, 4+ ft. base, alongside. * -
Land, rolling.
Soil, sandy—20 rate.
No timber.
SURVEYS OF THE PUBLIC LANDS. 653
Subdivisions, T. 6 N., R 34 E. –Continued.
Chains.
40, 00
54. 10
56. 36
79. 70
39, 85
79. 70 .
5. 40
20. 90
40, 00
13, 20
17. 62
40.00
67.03
79, 80
39.90
79.80
East, on a random line, bet. Secs. 10 and 15."
Va. 18O 30' E.
Over rolling ground.
Set temporary + sec. cor.
Commence ascending to table land.
Top, about 50 ft. high, thence over nearly table land to
Intersect N. and §§. at 41 lks. N. of cor. to secs. 10, 11, 14, and 15.
Thence I run
N. 89° 42' W. on a true line, bet. secs. 10 and 15, with same va.
Set a sandstone 20 × 10 × 16, 15 ins. in the ground, for + sec. cor. marked
# on N. face, dug pits 18 × 18 × 12 ins. E. and W. of stone, 5+ ft. dist.,
and raised a mound of earth, 1+ ft. high, 33 ft. base, alongside.
The cor. to secs. 9, 10, 15, and 16.
Land, rolling and table.
Soil, sandy and gravelly—2d and 3d rate.
No timber.
North, bet. secs. 9 and 10.
Va. 18O 30' E.
Over rolling ground, ascending.
Enter timber, thence over broken ground.
Ravine, about 20 ft. deep, course S. W. -
Set a sandstone 24 × 15 × 4ins. 18 ins. in the ground, for + sec. cor. marked
+ on W. face; from which
A pine, 12 ins. diam., bears S. 75° E., 90 lbs. dist., marked # S. B.T.
A pine, 11 ins. diam., bears N. 55° W., 30 Iks. dist., marked # S. B. T.
A point about 100 ft. above last sec. cor. Set a post 4 ft. long, 4 ins. Square,
with marked stone, 24 ins. in the ground, for cor. to secs. 3, 4, 9, and 10,
marked -
T. 6 N. S. 3 on N. E.,
R. 34 E. S. 10 on S. E.,
S. 9 on S. W., and
S. 4 on N. W. faces, with 5 notches on S. and 3 notches on E. edges,
from which
A pine, 17 ins. diam., bears N. 23° E., 78 lbs. dist., marked T. 6 N., R.
34 E., S. 3, B.T.;
A pine, 14 ins. diam., bears S. 47° E., 43 lºs. dist., marked T. 6 N., R.
34 E., S. 10, B.T.; -
A pine, 20 ins. diam., bears S. 10° W., 16 lks. dist., marked T. 6 N., R.
34 E., S. 9, B.T.;
A pine, 10 ins. diam., bears N. 73° W., 82 lks. dist., marked T. 6 N., R.
34 E., S. 4, B.T.
Land, rolling and broken.
Soil, sandy and rocky—3d and 4th rate.
Timber, pine; 74.60 chs.
East, on a random line bet. secs. 3 and 10.
Va. 18O 30' E.
Ascend steep west slope of spur of mountain, over broken ground, and through
heavy pine timber.
Pine, 24 ins. diam.
Pine, 20 ins. diam.
Set temporary + sec. cor.
Pine, 30 ins, diam.
A point about 700 ft. above last sec. cor. and intersect N. and S. line, 30 DKs.
. of cor. to secs. 2, 3, 10, and 11.
Thence I run
N. 80° 47' W. on a true line, betw. secs. 3 and 10, with same va.
A pine, 28 ins. diam., which I mark+ S. on N. face for 3 sec. cor. ; from which
A pine, 16 ins. diam., bears S. 429 E., 30 lºs. dist., marked + S. B.T.
A pine, 40 ins. diam., bears N. 23° E., 78 Iks. dist., marked # S. B. T.
The cor. to secs. 3, 4, 9, and 10. -
Land, mountainous.
Soil, rocky—4th rate.
654
SURVEYS OF THE PUBLIC LANDS.
Subdivisions, T. 6 N., R. 34 E.-Continued.
Chains.
Timber, pine; 79.80 &hs.
Whole line runs over mountainous land.
31. 10
39.80
40.00
41. 60
80.00
40.00
80.00
40.00
--46.00
North, on a random line, bet. secs. 3 and 4.
Va. 18O 30' E.
Alongside of west slope of spur of mountain, over broken ground, and through
pine timber.
At this point the needle suddenly changed, showing a va. of 27° 45' E., and
upon examination I found croppings of iron ore. In proceeding north on
line, the needle gradually changed, until at
It marked a va. of 180 30' E.
Set temporary + sec. cur.
Leave timber. -
Intersect N. boundary of township, 47 lks. W. of cor, to secs. 3, 4, 33, and 34,
which is a sandstone 20 × 8 × 6 ins., with mound of stone alongside.
Thence I run
S. 0° 20' W. on a true line, bet. secs. 3 and 4, with same va. *
Set a sandstone 16 × 14 × 5 ins. 11 ims. in the ground, for 4 sec. cor., marked:
+ on W. face; from which -
A pine, 12 ins. diam., bears S. 45° E., 65 lbs. dist., marked + S. B. T.
A pine, 12 ins. diam., bears S. 30° W., 120 lks. dist., marked # S. B.T.
The cor. to secs. 3, 4,9, and 10.
Land, broken.
Soil, rocky—4th rate.
Timber, pine; 41.60 chs. -
Whole line runs over mountainous land.
August 12, 1880.
From the cor. to secs. 4, 5,32, and 33, on the south boundary of the town-
ship, which is a post, 4 ins. Square, marked
T. 6 N. S. 33 on N. E.,
R. 34 E. S. 4 on S. E.,
T. 5 N. S. 5 on S. W., and
S. 32 on N. W. faces, with 4 notches on E. and 2 notches on W. edges,
and pits 18 × 18 × 12 ins. in each sec. 5+ ft. dist., and mound of earth,
2 ft. high, 4% ft. base, around post.
I run
North, bet. secs. 32 and 33.
Va. 18O 30' E.
Over level bottom.
Set a sandstone, 18 × 18 × 3 ins., 12ins. in the ground for 4 sec. cor. marked.
+ on W. face, dug pits, 18 × 18 × 12ins., N. and S. of stone, 5% ft. dist., and
raised a mound of earth 13 ft. high, 3+ ft. base, alongside.
- Creek, 6iks; wide, course S. E. – T |
Set a post 4 ft. long, 4 ins. Square, with marked stone, 12 ins. in the ground,
for cor. to secs. 28, 29, 32, and 33, marked
T. 6 N. S. 28 on N. E., -
R. 34 E. S. 33 on S. E.,
S. 32 on S. W., and
S. 29 on N. W. faces, with 1 notch on S. and 4 notches on E. edges, dug-
pits, 18 × 18 × 12 ins., in each sec., 53 ft. dist., and raised a mound.
of earth, 2 ft. high, 4 ft. base, around post.
Land level.
Soil, rich black loam—1st rate.
No timber.
East on a random line bet. secs. 28 and 33.
Va. 180 30' E.
Over level bottom.
Creek, 8 lbs. wide, course S. E.
Set temporary + sec. cor.
Creek, 61ks. wide, course S.W.
SURVEYS OF THE PUBLIC LANDS. 655
Subdivisions, T. 6 N., R. 34 E.-Continued. ---,
Chains.
79.50
39.75
79.50
16. 30
40.00
44.00
48. 10
53.50
80, 00
40.00
75. 00
79. 40
39.70
79. 40
40.00
Intersect N. and S. line, 10 lbs. S. of cor. to secs. 27, 28, 33, and 34.
Thence I run -
S. 89° 56' W., on a true line, bet. secs 28 and 33, with same va.
Set a sandstone, 20 × 8 × 5 ins., 15 ins. in the ground, for + sec. cor.,
marked + on N. face, dug pits 18 × 18 × 12 ins. E. and W. of stone, 54 ft.
dist., and raised a mound of earth, 1+ ft. high, 3% ft. base, alongside.
The cor. to secs. 28, 29, 32, and 33.
Land, level.
Soil, rich black loam.
No timber.
North, bet. Secs. 28 and 29.
Va. 18O 30' E.
Over level bottom.
Ascend about 10 ft., and thence over rolling ground.
Set a sandstone, 18 × 16 × 3ins., 12ins, in the ground, for + sec. cor., marked
# on W. face, dug pits 18 × 18 × 12 ins., N. and S. of stone 5+ ft. dist., and
raised a mound of earth, 1+ ft. high, 3% ft. base, alongside. e
Telegraph line, course E.
Road to Miles City, course E. º
Creek, 4 lks. wide, course S. E. Its source, a spring of clear water, about 6
ft. diam., bears N. 80° W., 3.25 chs. dist.
Set a post, 4 ft. long, 4 ins, square, with marked stone, 12ins. in the ground,
for cor. to secs. 20, 21, 28, and 29, marked
T. 6 N., S. 21 on N. E.
R. 34 E., S. 28 on S. E.
S. 29 on S. W., and
S. 20 on N. W. faces, with 2 notches on S. and 4 notches on E. edges, dug
pits 18 × 18 × 12 ins., in each sec., 54 ft. dist., and raised a mound
of earth, 2 ft. high, 43 ft. base, around post.
Land, level and rolling.
Soil, black loam and sandy—1st and 2d rate.
No timber.
East, on a random line, bet. secs. 21 and 28.
Va. 18O 30' E.
Over rolling ground.
Set temporary + sec. cor.
Descend about 20 ft. into bottom land.
Intersect N. and S. line at cor. to secs. 21, 22, 27 and 28.
Thence I run
West on a true line, bet. secs. 21 and 28, with same va.
Set a sandstone, 20 × 20 × 4 ins., 15 ins. in the ground, for + sec. cor., marked
+ on N. face; dug pits 18 × 18 × 12 ins., E. and W. of stone, 5+ ft. dist.,
and raised a mound of earth, 1+ ft. high, 3+ ft. base, alongside.
The cor. to secs. 20, 21, 28, and 29.
Land, rolling and level.
Soil, sandy and black loam —1st and 2d rate.
No timber.
North, bet. secs. 20 and 21.
Va. 18O 30' E.
Over rolling ground.
Deposited a marked stone, 12 ins. in the * for 3 sec. cor. ; dug pits.
18 × 18 x 12 ins., N. and S. of cor., 53 ft. dist, and raised a mound of
earth 13 ft. high, 3+ ft. base, over it. In N. pit drove stake, 2 ft. long, 2
ins. square, 12 ins. in the ground, marked # S. on W. face.
Set a sandstone, 18 × 15 × 3 ins., 12 ins. in the ground, for cor. to secs. 16,
17, 20, and 21, marked with 3 notches on S. and 4 notches on E. edges;
dug pits 18 x 18 × 12 ins. in each sec., 5+ ft. dist., and raised a mound of
earth, 2 ft. high, 44 ft. base, alongside.
. . ...&
656
SURVEYS OF THE PUBLIC LANDS.
Subdivisions, T. 6 N., R. 34 E.-Continued.
Chains.
Land rolling.
Soil sandy—2d rate.
No timber.
40. 00
77. 92
79.72
79.73
East, on a random line bet. secs. 16 and 21.
Va. 18O 30' E.
Over rolling ground.
Set temporary + sec. cor.
Old military road, course N. W.
Intersected N. and S. line at cor. to secs. 15, 16, 21 and 22.
Thence I run
West, on true line, bet. secs. 16 and 21, with same va.
Set a post, 3 ft. long, 3 ins. square, with marked stone, 12ins. in the ground, .
for + sec. cor., marked # S. on N. face; dug pits 18 × 18 x 12 ins., E. an
W. of post, 5% ft. dist., and raised a mound of earth, 1+ ft. high, 3+ ft.
base, around post. -
The cor. to secs. 16, 17, 20 and 21.
Land, rolling.
Soil, sandy—2d rate.
No timber.
15, 00
40.00
From the cor. to secs. 16, 17, 20, and 21. I run
West, on a true line bet. secs. 17 and 20.
Va. 18O 30' E.
Knowing that it will strike the easterly shore of Lin's Lake in less than 80
chs.
Over rolling ground, descending.
Telegraph line, course N., soon bends to N. W.
Road to Williamsburg, course N.
Set a sandstone, 19 × 11 × 4 ins., 14 ins. in the ground, for 4 sec. cor., marked
+ on N. face; dug pits 18 x 18 × 12ins., E. and W. of stone, 54 ft. dist., and
raised a mound of earth, 1+ ft. high, 3+ ft. base, alongside.
East bank of Lin's Lake. Set a sandstone, 30 × 15 × 8 ins., 22 ins. in the
ground, for meander cor. to fractional secs. 17 and 20, marked M. C., and
raised a mound of stone, 2 ft. high, 4% ft. base, alongside.
Land rolling.
Soil sandy—2d rate.
No timber.
40.00
44. 60
80. 00
North, bet. secs. 16 and 17.
Va. 18O 30' E.
Over rolling ground. . . . . . . -----------------
Set a sandstone, 20 × 12 × 4 ins., 15 ins. in the ground, for + sec. cor., marked
# on W. face; dug pits 18 × 18 × 12ins. N. and S. of stone, 54 ft. dist., and
raised a mound of earth, 1+ ft. high, 34 ft. base, alongside. From cor.
Wilkie's house bears N. 800 W.
A creek, 4 Iks. wide, course S. W. Wilkie's house bears S. 60° W. Westerly
end of pond, area about 50 acres, bears N. E. about 15.00 chs. dist.
Set a post 4 ft. long, 4 ins. square, with marked stone, 12 ins. in the ground,
for cor. to secs. 8, 9, 16, and 17, marked—
T. 6 N. S. 9 on N. E.
R. 34 E. S. 16 on S. E.
S. 17 on S. W., and -
S. 8 on N. W. faces, with 4 notches on S. and E. edges; dug pits
18 × 18 × 12 ins., in each sec., 5+ ft. dist., and raised a mound of
earth, 2 ft. high, 4+ ft. base, alongside.
Land, rolling.
Soil, sandy—2d rate.
No timber.
SURVEYS OF THE PUBLIC LANDS. 657
Subdivisions, T. 6 N., R. 34 E.-Continued.
Chains.
40.00
79. 90
39.95
79.90
38.10
40. 60
80.00
40, 00,
48. 10
79. 84
39.92
79. 84
40. 00
79.96
East on a random line, bet. secs. 9 and 16.
Va. 18O 30' E.
Over rolling ground.
sº temporary + sec. cor. Northerly side of pond bears S. about 6.00 chs.
ist.
Intersect N. and S. line, 20 lks. N. of cor. to secs. 9, 10, 15, and 16.
Thence I run
N. 89° 51" W. on a true line, bet. secs. 9 and 16, with same va.
Set a post, 3 ft. long, 3 ins, square, with marked stone, 12 ins. in the ground,
for + sec. cor., marked + S. on N. face; dug pits 18X18 × 12 ins. E. and W. of
post 5+ ft. dist. and raised a mound of earth, 1+ ft. high, 3+ ft. base, around
Ost. -
TÉ. cor. to secs. 8, 9, 16, and 17.
Land, rolling.
Soil, sandy—2d rate.
No timber. - August 13, 1880.
North, bet. secs. 8 and 9.
Wa, 18C 30' E.
Over rolling ground.
Edge of Jimestone quarry, about 30ft. deep, to avoid which I run west on an
offset line 1.00 ch., thence north 2.50 chs., thence east 1.00 ch. to
On line, on north side of quarry. Set a limestone 30 × 12 x 8 ins. 22 ins. in
the ground, for witness cor. to + sec. cor. marked W. C. 4 on W. side, and
raised a mound of stone 13 ft. high, 3+ ft. base, alongside.
Set a limestone, 24 × 8 × 4 ins. 18 ins. in the ground, for cor. to secs 4,5,8, and
9, marked with 5 notches on S. and 4 notches on E. edges; dug pits
18 × 18 x 12 ins. in each sec. 54 ft. dist., and raised a mound of earth, 2 ft.
high, 4% ft. base, alongside.
Land, rolling.
Soil, sandy and light—2d and 3d rate.
No timber. -
East on a random line, bet. Secs. 4 and 9.
Va. 18O 40' E.
Over rolling ground.
Set temporary + sec. cor. Porter's house bears N. 40° E.
Wood road, course N. 20° E. Porter’s house bears N. 100 E.
Intersect N. and S. line, 25 lbs. N. of cor., to secs. 3, 4,9, and 10.
Thence I run •
N. 89° 49' W., on a true line; bet. secs. 4 and 9, with same va.
Set a limestone, 16 × 12 × 4 ins., 11 ins., in the ground, for + sec. cor., marked
# on N. side, dug pits 18 × 18 × 12 ins. E. and W. of stone, 5+ ft. dist., and
raised a mound of earth_1+ ft. high,3+ ft. base, alongside.
The cor. to secs. 4, 5, 8, and 9.
Land, rolling.
Soil, sandy and light—2d and 3d rate.
No timber.
North on a random line, bet. Secs. 4 and 5.
Wa. 189 40' E. -
Over rolling ground.
Set temporary + sec. cor.
Intersect N. boundary of township 44 llºs. W. of cor. to secs. 4, 5,32, and 33,
which is a post, 4 ins. square, marked
T. 7 N. S. 33 en N. E.,
R. 34 E. S. 4 on S. E.,
T. 6 N. S. 5 on S. W., and
S. 32 on N. W. faces, with 4 notches on E. and 2 notches on W. edges,
and mound of stone, 2 ft. high,4} base, around post.
Thence I run - -
S. 0°19'W., on a true line, bet. secs. 4 and 5, with same va.
42 L O—WOL III
658
SURVEYS OF THE PUBLIC LANDS.
Subdivisions, T 6 N., R. 34 E-Continued.
Chains.
39.96
79.96
40, 00
80.00
40.00
51. 10
65. 40
79. 60
30, 80
79.60
40.00
79. 18
Set a sandstone, 18 × 10 × 6 ins., 12 ins, in the ground, for 4 sec. cor., marked
+ on W. face, and raised a mound of stone, 1+ ft. high, 3% ft. base, alongside.
The cor. to secs. 4, 5, 8, and 9.
Land, rolling.
Soil, sandy and light—2d and 3d rate.
No timber. August 16, 1880.
From the cor. to secs. 5, 6, 31, and 32, on the south boundary of the township,
which is a sandstone 20 × 8 × 4 ins, with mound of stone, 2 ft. high, 4% ft.
base alongside,
I run
North, bet. secs. 31 and 32.
Va. 18O 45' E.
Over table land.
Set a sandstone, 16 × 12 × 6 ins. 11 ins. in the ground, for + sec. cor., marked
+ on W. side, dug pits 18 x 18 × 12 ins. N. and S. of stone, 5+ ft. dist., and
raised a mound of earth, 1+ ft. high, 3+ ft. base, alongside.
Erom this cor. a cor. of James Parker's desert land claim, a post, 8 ins.
square, with mound of stone around post, marked J. P. D. L. C.2, bears S.
20° E., 1.45 chs. dist. The land included in this claim was unsurveyed at
date of location. -
Set a sandstone:20 × 14 × 6 ins!, 15 ins. in the ground, for cor. to secs. 29, 30,
31, and 32, marked with 1 notch on S. and 5 notches on E. edges, dug pits 18 ×
18 × 12 ins. in each sec. 53 ft. dist., and raised a mound of earth, 2 ft. high,
4+ ft. base, alongside.
Land, level table.
Soil, sandy—2d and 3d rate.
No timber.
East on a random line, bet. Secs. 29 and 32.
Wa. 18O 45' E.
Over table land.
Set temporary + sec. cor. From this point a post 8 ins. Square, with mound
of stone around post, marked J. P. D. L. C. 4 for cor. to James Parker's
desert land claim, bears S. 17° E. 64 lbs. dist.
From this point a spring about 2 ft. diam. bears S. about 3 chs. dist. From
spring a stream flows S. E. * -
Edge of table land, and descend about 70 ft. to
Intersect N. and S. line 19 lks. S. of cor. to secs. 28, 29, 32, and 33. Thence
I run
S. 89° 52' W. on a true line, bet. secs. 29 and 32, with same va.
Set a sandstone, 17 × 8 × 6 ins., 11 ins. in the ground, for 4 sec. cor, marked
+ on N. face, dug pits 18 × 18 ×12 ins. E. and W. of cor., 54 ft. dist. and
raised a mound of earth 14 ft. high,4+ ft. base, alongside.
The cor. to secs. 29, 30, 31, and 32.
Land, table and bottom.
Soil, sandy and black loam—1st and 2d rate.
No timber.
West on a random line bet. Secs. 30 and 31.
Wa. 180 45' E.
Over table land.
Set temporary + Sec. cor. From this point a post 8 ins. square, with mound
of stone around post, marked J. P. D. L. C. 8, for cor. to James Parker's
desert land claim, bears N. 80° E., 92 lbs. dist.
Intersect west boundary of township 10 lks. N. of cor. to secs. 25, 30, 31, and
36, which is a post, 4 ft. long, 4 ins. Square, marked
T. 6 N. S. 30 on N. E.,
R. 34 E. S. 31 on S. E., - -
R. 33 E. S. 36 on S. W., and - ºg
S.25 on N.W. faces, with mound of stone, 2 ft. high,4+ ft. base, around
post.
SURVEYS OF THE PUBLIC LANDS. 659
Subdivisions, T. 6 N., Iº. 34 E.—Continued.
Chains.
39.18
79. 18
40, 00
55.00
60.00
76. 10
80, 00
40.00
62. 00
65. 50
79.77
39, 88
79.77
40,00
79. 10
Thence I run
N. 89° 56' E, on a true line, bet. secs. 30 and 31, with same va.
Set a sandstone 20 × 12 × 8 ins., 15. ins. in the ground, for + sec. cor., marked
+ on N. face, dug pits 18 × 18 × 12ins., E. and W. of stone, 5% ft. dist., and
raised a mound of earth, 1+ ft. high, 3% ft. base, alongside.
The cor. to secs. 29, 30, 31, and 32.
Land table.
Soil, sandy—2d and 3d grade.
No timber.
North bet. secs. 29 and 30.
Va. 18O 45' E.
| Over table land.
Set a post 3 ft. long, 3 ins, square, with marked stone, 12 ins; in the ground,
for + sec. cor., marked # S. on W. face, dug pits 18 × 18 × 12ins. N. and S.,
of post, 5} ft. dist., and raised a mound of earth, 1+ ft. high, 3} ft. base,
around post. - .
From this cor. a post, 8 ins. Square, with mound of stone around post marked
J. P. D. L. C. 6, for cor. to James Parker's desert land claim, bears S. 309
W., 1.47 chs. dist.
Telegraph line, course E. and W.
Road to Miles City, course E. and W.
Edge of table land, and descend gradually.
A point about 30ft. below table land, Set a sandstone 30 × 12 × 8ins., 23ins.
in the ground, for cor, to secs. 19, 20, 29, and 30, marked with 2notches on S.
and 4 notches on E. edges, dug pits 18 × 18 × 12 ins. in each sec. 54 ft. dist.,
and raised a mound of earth, 2 ft. high, 43 ft. base alongside.
Land, table. -
Soil, sandy—2d and 3d rate.
No timber.
East on random line, bet. Secs. 20 and 29.
Wa, 18O 30' E.
Over rolling ground. -
Set temporary + Sec. cor.
Road to Williamsburg, course N.
Telegraph line, course N. . . . - - -
Intersect N. and S. line 32 lbs. S. of cor. to secs. 20, 21, 28, and 29.
Thence I run
S. 89° 46' W. on a true line bet. secs. 20 and 29, with same va.
Set a sandstone 20 × 12 × 3 ins. 15 ins. in the ground, for + sec. cor. marked
+ on N. face, dug pits 18 × 18 × 12 ins. E. and W. of stone 54 ft. dist., and
raised a mound of earth, 1+ ft. high, 3% base, alongside.
The cor. to secs. 19, 20, 29, and 30. . -
Land, rolling.
Soil, sandy—2d rate.
No timber.
west on a random line, bet. secs. 19 and 30.
Va. 18O 30' E.
Over rolling ground. .
Set temporary # Sec. cor.
Intersects west boundary of township 27 lks. N. of cor. to secs. 19, 24, 25 and
30, which is a post 4 ins. Suuare, marked—
T. 6 N. S. 19 on N. E. :
R. 34 E. S. 30 on S. E.
R. 33 E. S. 25 on S. W., and -
S. 24 on N. W. faces with 4 notches on N. and 2 notches on S. edges,
and mound of stone covered with earth, 2 ft. high, 4} ft. base, around post.
Thence I run
- N. 89° 48' E. On a true linebet, secs. 19 and 30, with same va.
660
SURVEYS OF THE PUBLIC LANDS.
Subdivisions, T. 6 N., R. 34 E-Continued.
Chains.
39. 10
79. 10
40, 00
44, 18
35, 00
40.00
20, 19
24.10
Set a sandstone 18×12×8 ins. 12 ins. in the ground for 3 sec. cor., marked
# on N. face, dug pits 18X18×12 ins. E. and W. of stone, 54 ft. dist.,
and raised a mound of earth, 1+ ft. high, 3% ft. base, alongside.
The cor. to secs. 19, 20, 29, and 30.
Land, rolling.
Soil, sandy—2d rate.
No timber. -
North, bet. secs. 19 and 20.
Va. 180 30' E.
Over rolling ground, descending. -
Set a sandstone 20X11×6 ins. 15 ins. in the ground, for # Sec. cor., marked #
on W. face, dug pits 18 × 18 × 12 ins. N. and S. of stone, 53 ft. dist., and
raised a mound of earth, 1+ ft. high, 34 ft. base, alongside.
South bank of Lin's Lake. Set a post, 4 ft. long, 4 ins square with marked,
stone, 12 ins. in the ground, for meander cor. to fractional secs. 19 and 20,
marked M. C., and
T. 6 N. On S.
R. 34 E. S. 20 on E., and
S. 19 on W. faces, dug pit 3 ft. sq., 12 ins. deep, 8 lks. S. of post, and
raised mound of earth, 2 ft. high, 43 ft. base around post.
Land, rolling.
Soil, sandy—2d rate. &
No timber. . August 14, 1880.
| From the cor. to secs. 8, 9, 16, and 17, I run
| West on a true line bet. Secs. 8 and 17.
Va. 18O 30' E.
Over rolling ground. -
Road to Williamsburg, course N. W.
Set a sandstone 16 × 11 × 8ins. 11 ins. in the ground, for 4 sec. cor., marked #
on N. face, dug pits 18 × 18 × 12 ins. E. and W. of stone, 53 ft. dist., and
raised a mound of earth, 1+ ft. high, 3% ft. base, alongside. -
Telegraph line, course N. 60° W.
Set a sandstone 24 × 11 × 6 ins. 18 ins. in the ground for cor. to secs. 7, 8,
17, and 18, marked with 4 notches on S. and 5 notches on E. edges, dug pits
18 x 18 × 12 ins. in each sec. 54 ft. dist, and raised a mound of earth,
2 ft. high, 4% ft. base, alongside.
Land, rolling. º
Soil, sandy—2d Tate.
No timber.
South, bet. secs. 17 and 18.
Va. 18O 45' E.
Over even ground, descending.
North bank of Lin's Lake. Set a sandstone 24 × 10 × 8 ins., 18 ins. in the
ground, for meander cor. to fractional secs. 17 and 18, marked M. C. , and
raised a mound of stone, 2 ft. high, 43 ft. base, alongside.
Land, nearly level.
Soil, sandy and black loam—1st and 2d rate.
No timber.
August 13, 1880.
West, on a random line, bet.secs. 7 and 18.
Va. 18945 E.
Over gently rolling ground.
Intersect E. boundary line of town of Williamsburg. N. E. cor., which is a
post, 12 ins. square, marked “T. S. 2,” with mound of stone around post,
bears N. 40 chs. S. E. cor., which is a post, 12 ins. Square, marked “T. S.
1,” with mound of stone around post, bears S. 7.35 chs.
SURVEYS OF THE PUBLIC LANDS. 661
Subdivisions, T. 6 N., R. 34 E.-Continued.
Chains.
29. 10
34.10
39. 10
40.00
44. 10
48. 35
49. 10
54. 10
56. 75
59. 10
60, 00
62. 10
78. 20
38. 20
78. 20
29.00
30. 10
40.00
80. 00
16. 40
. 40.00
79.96
39.98
79.96
Center of street, course N. and S.
Center of street, course N. and S.
Center of street, course N. and S.
Set temporary + sec. cor. From this point, the court-house in the town of
Williamsburg bears N. 10° W.
Conter of Main street of Williamsburg, course N. and S. Court-house bears N.
Episcopal church bears N. 10° W. 4.50 chs. dist.
Center of street, course N. and S.
Center of street, course N. and S.
Methodist church bears S. 134° W.
Center of street, course N. and S.
Intersect W. boundary line of town of Williamsburg. N. W. cor, which is
a post, 12 ins. square, marked “T. S. 3,” with mound of stone around
post, bears N. 40 chs. S.W. cor., which is a post, 12 ins. square, marked
“T. S. 4,” with mound of stone around post, bears S. 29.75 chs.
Methodist church bears S. 45° E.
Intersect W. boundary of township, 14 lbs. S. of cor. to secs. 7, 12, 13, and
18, which is a post, 4 ins. Square, marked &
T. 6 N. S. 7 on N. E.,
R. 34 E. S. 18 on S. E.,
R. 33 E. S. 13 on S. W., and
S. 12 on N. W. faces, with 2 notches on N. and 4 notches on S. edges,
and mound of stone, 2 ft. high, 4% ft. base, around post.
Thence I run
S. 89° 54' E., on a true line, bet. secs. 7 and 18, with same va.
Set a sandstone, 18×15×5 ins., 12 ins. in the ground, for 4 sec. cor., marked
# on N. face; dug pits 18X18×12 ins., E. and W. of stone, 5% ft. dist., and
raised a mound of earth, 1+ ft. high, 4+ ft. base, alongside.
The cor. to secs. 7, 8, 17, and 18.
Land, rolling. -
Soil, sandy—2d rate.
No timber.
North, bet. secs. 7 and 8.
Va. 18O 45' E.
Over rolling ground.
Telegraph line, course W.
Rºº to Williamsburg, course E. and W. changes to S. E. about 10 chs. E. of
Ile),
Set a limestone, 20×15×8 ins., 15 ins. in the ground, for 4 sec. cor., marked
# on W.face, and raised a mound of stone, 1+ ft. high, 3% ft. base, alongside.
Set a sandstone, 15X15×6 ins., 10 ins. in the ground, for cor. to secs. 5, 6,
7, and 8, marked with 5 notches on S. and E. edges, and raised a mound of
stone, 2 ft. high, 4% ft. base, alongside. -
Land, rolling.
Soil, sandy—2d rate.
No timber.
East, on a random line, bet. Secs. 5 and 8.
Va. 18O 45' E.
Over rolling ground.
Road to Williamsburg, course S.
Set temporary + Sec. cor.
Intersected N. and S. line, 6 lks. N. of cor. to secs. 4, 5, 8, and 9.
Thence I run
N. 89° 56' W. on a true line, bet. secs. 5 and 8, with same va.
Set a post, 3 ft. long, 3 ins. Square, with marked stone, 12 ins. in the ground
for # soc. cor., marked # S. on N. face; dug pits, 18X18×12 ins. E. an
W. of post, 5% ft. dist., and raised a mound of earth, 1+ ft. high, 3} ft.
base, around post.
The cor. to secs. 5, 6, 7, and 8.
Land, rolling.
Soil, sandy—2d rate.
No timber.
662
SURVEYS OF THE PUBLIC LANDS.
Meanders, T. 6 N., R. 34 E.
Chains.
27. 15
78. 40
38, 40
78. 40
40, 00
80.05
40.05
80.05
i
West, on a random line, between secs. 6 and 7.
Va. 18O 45' E.
Over rolling ground.
Road to Williamsburg, course S.
Set temporary + sec. cor. -
Intersect west boundary of township 15 lks. S. of cor, to secs. 1, 6, 7, and 12,
which is a post, 4 ft. long, 4 ins. square, marked
T. 6 N. S. 6 on N. E.,
R. 34 E. S. 7 on S. E.,
R. 33 E. S. 12 on S. W., and
S. 1 on N. W. faces, with pits, 18 × 18×12ins., in each sec., 54 ft. dist.,
and mound of earth, 2 ft. high, 4% ft. base, around post.
Thence I run
| S. 89°54' E. on a true line, bet. secs. 6 and 7, with same va.
Set a sandstone, 18×14×3 ins. 12 ins. in the ground, for + sec. cor., marked
+ on N. side, dug pits 18X18x12 ins. E. and W. of stone, 53 ft. dist., and
raised a mound of earth, 1+ ft. high, 3} base, alongside.
The cor. to secs. 5, 6, 7, and 8. - -
Land, rolling. .
Soil, sandy—2d rate.
No timber.
North, on a random line, bet. secs. 5 and 6.
Va. 18O 45' E
Over rolling ground.
Set temporary + sec. cor.
Intersect N. boundary of township 20 lbs. E. of cor. to secs. 5, 6, 31, and 32,
which is a sandstone, 30 × 12 × 6 ins., marked with 5 notches on E. and
. notch on W. edges, and mound of stone, 2 ft. high, 4% ft. base, along
SICI0. ~,
Thence I run
S.0° 09' E. on a true line, bet. secs. 5 and 6, with same va.
Set a sandstone, 16×12×3 ins., 11 ins, in the ground, for + sec. cor., marked
# on W. face, dug pits 18X18×12 ins. N. and S. of stone, 5% ft. dist., and
raised a mound of earth 13 ft. high, 3} ft. base, alongside.
The cor. to secs. 5, 6, 7, and 8.
Land, rolling.
Soil, sandy—2d rate.
No timber.
August 16, 1880.
| MEANDERS of THE RIGHT BANK OF THE YELLOWSTONE RIVER, UP STREAM.
I commence at the meander cor. to fractional secs. 31 and 36, on the east
boundary of the township, which is a sandstone, 24×10 ×3 in.., marked
M. C., with pit 3 ft. sq., 1 ft. deep, 81ks. S. of stone, with mound of earth,
2 ft. high, 4% ft. base, alongside.
Thence I run with meanders in sec. 36.
Va. 18O 45' E.
Bank, 20 ft. high.
S. 6530 W. 4.00 chs.
S. 784° W. 7.40 “ Lower end of bar bears N. 150 W. about 5.00 chs, dist.
S. 6349 W. 7.60 “ At 6.60 chs. leave bluff bank, bank 15 ft. high.
S. 8939 W. 8.40 “
N. 7240 W. 10.00 “
N.60° W. 7.60 “ Bank 10 ft. high.
| N.3340 w. 4.70 “
N. 503° W, 7.80 “ At 1.90 chs, mouth of creek.
N. 600 W. 4.80 ** -
N. 7249 W. 3.80 “ At 2.80 chs. enter Curran's field, fence course S.
N. 7840 W. 4.80 “
S. 7730 W. 3.50 “ Bank 6 ft. high. -
| N. 804° W. 5.00 “ Leave Curran's field, fence course S.
N. 710 W. 2.40 “ - -
SURVEYS OF THE PUBLIC LANDS. 663
Meander, T. 6 N., R. 34 E.—Continued.
N. 25.40 W. 2.40 chs.
N. 7149 W. 3.50 “ Low bank, 3 ft. high.
N. 76#9 W. 1.40 “ To meander cor. to fractional secs. 35 and 36.
Land, 18 chs. W. part bluff, remainder level bottom.
| Soil, black loam and sandy—1st and 2d rate.
| No timber.
| Thence in sec. 35. -
Va. 18O 30' E.
In dense brush and scattering timber,
# S. 8640 W. 2.30 chs.
S. 7539 W. 3.30 “
S. 65° W. 2.30 “ Upper end of bar.
S. 3539 W. 11.00 “ At 6.00 chs. leave brush. At 7.50 chs. Curran's
- house bears S. 1.50 chs. At end of course, enter
Alexander's field, fence course S.
3840 W. 5.60 chs.
4640 W. 9.00 “ - -
W. § At 3.00 chs. enter brush. At 4.00 chs. leave field.
.0 &
W. 2.60 “ At 50 lºs. mouth of slough, 2.00 chs. wide.
W. 8.70 €. -
W. 2.80 “ -
W. 5.80 “ Leave scattering timber.
S. 56}o W. 8.70 “ Banks, 4 ft. high.
S. 4039 W. 16.12 “ (At 12.00 chs, leave brush. Head of slough 1.00 ch.
wide) to meander cor. to fractional secs. 2 and 35 on S. boundary of town-
ship, which is a sandstone 20 × 10 x 8 ins. marked M. C. with mound of
stone 2 ft. high, 4% ft. base, alongside.
Land, level bottom.
| Soil, black loam—1st rate.
Timber and dense brush, cottonwood and willow, together 56.50 chs.
August 6, 1880.
MEANDERS OF ISLAND CONTAINED IN SECS. 25, 26, 35, AND 36. .
| This island is partly in this township and partly in T. 6, N., R. 35 E.
| I go to the point for meander cor, to fractional secs. 21 and 36 on the south
side of island, and finding cor. has been washed away, I re-establish it as
follows: I go to a cottonwood tree online, which is described in field notes
of the survey of the east boundary of this township as being 26.23 chs. S.
of cor. to secs. 30, 31, 35 and 36, and run S. 3.02chs. to south bank of island,
making altogether 29.25 chs. instead of 29.70 chs. as stated in said notes.
At this point
| Set a post, 4 ft. long, 4 ins, square, 12 ins. in the ground, for meander cor.
to fractional secs. 31 and 36, marked—
T. 6 N. On N.
R. 35 E. S. 31 on E.
M. C. on S., and
R. 34 E. S. 36 on W. faces, dug pit 3 ft. sq., 1 ft. deep, 8 lks. N. of post,
and raised mound of earth, 2 ft. high, 44 ft. base, around post.
| Thence I run with meanders in sec. 36,
Va. 18O 45' E.
Through dense brush, up stream, banks 10 ft. high.
S. 7040 W. 2.40 chs. Lower end of bar bears S.
S. 869 W. 3.00 “ Leave brush.
| N. 810 W. 8.50 “
| N. 6840 W. 7.00 “ At 1.00 ch. enter timber and brush.
| N. 734° W. 7.30 “ At 7.00 chs. leave timber and brush.
| N. 84° W. 3.40 “ At 1.50 chs. center of head of slough, 3.00 chs. wide.
| N. 6140 W. 1.50 chs.
| N. 6040 W. 3.50 “
. . N. 5340 W. 2.50 “
At end of course, head of bar bears S. Enter brush.
664
SURVEYS OF THE PUBLIC LANDS.
Meanders, T. 6 N., R. 34 E-Continued.
N. 6140 W. 2.60 “
N. 5740 W. 4.90 chs. Enter timber, leave brush. *
N. 6240 W. 8.90 “
N. 7140 W. 4.80 “
N. 7749 W. 5.80 “
N. 8840 W. 5.40 “ Leave timber.
S. 800 W. 9.60 “ At 1.25 chs., mouth of slough, 2 chs. wide. At 2.50
chs. enter dense brush, and leave brush at end of
COULIS0,
N. 884° W. 3.75 chs. (At 2.00 chs., center of head of slough, 2.50 chs.
wide) to meander cor. to fractional secs. 35 and 36 on S. W. end of island.
Land, level.
Soil, alluvial—1st rate.
Timber and brush, cottonwood and willow, 71.70 chs.
Thence in sec. 35. º
Va. 18O 20' E.
Along low bank.
S. 790 W. 6.70 chS.
N. 1540 W. 3.90 “
N. 740 W. 3.40 “
N. 1740 E. 3.80 “ -
N. 500 E. 2.59 “ To meander cor. to fractional secs. 26 and 35.
Land, level.
Soil, alluvial—1st rate.
No timber.
Thence in Sec. 26.
Wa. 18O 20' E.
N. 5239 E. 6.05 chs. To meander cor. to fractional secs. 25 and 26.
Land, level.
Soil, alluvial—1st rate.
No timber.
Thence in sec. 25.
Va. 18O 20' E.
Enter brush, bank 5 ft. high.
N. 649 E. 2.50 chs.
N. 6939 E. 8.80 “ At 5.00 chs, leave brush, enter heavy timber.
N. 634° E. 9.40 “ Bank, 8 ft. high.
N. 6339 E. 9.10 “
N. 499 E. 4.30 **
N. 339 E. 2.30 **
N. 1339 E. 9.00 “ Enter brush.
N. 4639 E. 4.80 “ Bank, 6 ft. high.
N. 27.40 E. 7.30 “
N. 3439 E. 4.70 “ Bank, 8 ft. high.
N. 45}o E. 4.60 “
N. 6140 E. 17.00 “
N. 7440 E. 11.00 “
N. 89.40 E. 6.50 “
N. 5440 E. .69 “ To meander cor. to fractional secs. 25 and 30 on E.
boundary of township, which is a sandstone 30×12×8 ins., marked M. C.
on N. face, from which
A cottonwood, 10 ins. diam, bears S. 28° W. 20 lks. dist., marked T. 6. N.,
R. 34. E., S. 25. M. C. B. T. -
A cottonwood, 8 ins. diam., bears S. 45° E., 30 lbs. dist., marked T. 6. N., B.
35 E., S. 30 M. C. B. T.
Land, level.
Soil, alluvial—1st rate.
SURVEYS OF THE PUBLIC LANDS. 665
Meander, T. 6 N., R. 34 E-Continued.
Timber and brush, cottonwood and willow, 102.49 chs.
This island has a rich alluvial soil, and is generally covered with fine cot-
tonwood timber. -
August 7, 1880.
MEANDERS OF THE LEFT BANK OF THE YELLOWSTONE RIVER, Down STREAM.
I commence at the meander cor. to fractional secs. 2 and 35, which is a
sandstone, 20 × 15 × 2 ins., marked M. C., with mound of stone, 2 ft. high,4}
ft. base, alongside.
Thence I run with meanders in sec. 35.
Va. 18O 30' E.
Bank 6 ft. high.
N. 479 E. 2.80 Chs.
N. 3740 E. 6.30 “
N. 310 E. 5.50 “
N. 31#9 E. , 6.40 “
N. 384° E. 7.10 “ Bar in river bears S, 200 E. 1 ch. dist.
N. 27O E. 2.70 € $
N. 53.39 E. 4.00 “
N. 47+0 E. 4.90 “
N. 51.40 E. 6.00 “
N. 54}o E. 12.00 “
N. 52;O E. 6.00 “
N. 47#o E. 3.90 “
N. 404° E. 8.50 “ At 7.00 chs, enter dense willow brush.
N. 28.40 E. 7.60 “
N. 31° E. 3.70 “ Leave brush.
N. 1540 E. 9.20 “
N. 3340 E. 3.80 “
N. 504° E. 6.42 “ To meander cor. to fractional secs. 26 and 35.
Land, level. -
Soil, alluvial—1st rate. "
No timber. 12.80 chs. of dense willow brush.
Thence in sec. 26.
Va. 18O 20' E.
N. 599 E. 4.80 chs.
N. 45}o E. 7.80 “
N. 49° E. 2.05 “ To meander, cor. to fractional secs. 25 and 26.
Land, level.
Soil, alluvial—1st rate.
No timber or brush.
August 9, 1880.
Thence in sec. 25.
Va. 189 20' E.
N. 6539 E. 7.40 chs. -
N. 63+o E. 5.30 “ -
N. 6149 E. 12.00 “ At 7.00 chs. head of slough, 2.00 chs. wide.
N. 4039 E. 5.60 “
N. 359 E. 7.70 **
N. 740 E. 2.50 “
N. 13° W. 2.70 “ At 1.90 chs. mouth of slough, 1.50 chs. wide.
N. 4140 E. 9.00 “
N. 359. E. 1.70 **
N. 419 E. 4.60 **
N. 4049 E. 5.60 “ At 1.00 ch. enter cottonwood timber.
N. 5440 E. 3.00 “
N. 540 E. 3.00 “ At 2.00 chs, mouth of Short Ck., 10 lbs. wide.
N. 49.40 E. 2.60 “ Fletcher's Stage Station bears N. 6.50 chs, dist.
N. 6240 E. 11.30 “
666
SURVEYS OF THE PUBLIC LANDS.
Meanders, T. 6 N., R. 34 E.-Continued.
:
N. 720 E. 5.70 chs.
S. 874 E. 13.00 “ -
N. 673. E. 0.80 chs., to meander cor. to fractional secs. 25 and 30 on E. bound-
ary of township, which is a sandstone 18 × 12 × 6 ins., marked M. C.,
from which
A cottonwood 4 ins. diam. bears N. 73° E., 48 lks. dist., marked T. 6 N., R.
35 E., S. 30 M. C. B.T. -
A cottonwood 24 ins. diam. bears N. 270 W. 185 lks. dist., marked T. 6 N.,
R. 34 E., S. 25 M. C. B. T.
Land, level.
Soil, alluvial—1st rate.
44.00 chs. of fine cottonwood timber.
August 7, 1880.
;
MEANDERS OF EASTERLY END OF LIN's LAKE IN SECs. 17, 18, 19, AND 20.
I commence at the meander cor. to fractional secs. 19 and 24 on west bound-
ary of township, which is a post, 4 ft. long, 4 ins. sq., marked M. C., with
T. 6. N. on N.,
R. 34 E. S. 19 on E., and -
R. 33 E. S. 24 on W. faces; from which
A cottonwood 24 ins, diam, bears S. 45° W., 11 lks. dist., marked T. 6 N.,
R. 33 E., S. 24 M. C. B. T.
A cottonwood 20 ins. diam. bears S. 57° E., 14 llºs. dist, marked T. 6 N.,
R. 34 E., S. 19 M. C. B. T.
Thence I run with meanders in sec. 19.
War. 18920' E.
Through cottonwood timber. Bank 3 ft. high.
599 E. 8.80 Chs.
464° E. 3.40 “ Leave timber.
4440 E. 2.40 “
43;o E. 5.70 “
43C E. 4.40 **
4640 E. 5.80 “
5240 E. 5.80 “
5340 E. 4.50 “
70+o E. 5.50 “
7540 E. 3.00 “
8840 E. 4.00 “
78° E. 9.60 “ At 6.00 chs. Smith's house bears S., 50 lbs. dist.
8840 E. 6.50 “ º -
. 7240 E. 6.70 “
. 714° E. 14.00 “ To meander cor. to fractional secs 19 and 20.
Land, level.
Soil, sandy loam—2d rate.
Timber, cottonwood, 12.20 chs.
| Thence in Sec. 20.
Wa. 18O 30' E.
. 88° E. 6.20 chs.
5540 E. 11.50 “
3240 E. 9.90 “
48#o E. 6.40 “
31}o E. 5.00 “
2440 E. 3.90 “
2249 E. 2.10 “
330 E. 2.40 £4
324 E. 3.40 “ -
51#9 E. 3.30 chs. to meander cor. to fractional secs. 17 and 20.
Land, level *
Soil, sandy loam—2d rate.
| No timber.
surveys of THE PUBLIC LANDS. 667
Meanders, T. 6 N., 34 E.—Continued. ... →
| Thence in sec. 17.
Va. 18O 30' E.
N. 209 E. 11.00 chs. + -
N. 83° W. 10.10 “ At 6.00 chs. mouth of ck. 5 Iks. wide.
N. 834° W. 2.00 “
N. 76° W. 2.30 “
N. 6930 W. 7.00 “
N. 834o W. 6.10 “
N. 5340 W. 8.00 “
N. 2040 W. 14.00 “
N. 1340 W. 6.80 “
N. 390 W. 2.30 “
N. 4740 W. 6.00 “
N. 49.40 W. 5.00 “
N. 5540 W. 3.50 “ . -
N. 494° W. 0.20 chs., to meander cor. to fractional secs. 17 and 18.
Land, level.
Soil, sandy loam—2d rate.
No timber.
August 14, 1880.
Thence in sec. 18.
Va. 18O 30' E.
N. 3840 W. 15.00 chs.
N. 6340 W. 5.00 “
S. 840 W. 13.00 “ At 10.28 chs. S. E. cor., town of Williamsburg.
S. 6140 W. 19.00 “ At 3.08 chs. center of street, course N.
At 8.79 chs. center of street, course N.
At 14.49 chs, center of street, course N.
S. 43° W. 13.00 “ At 0.94 ch. center of main street, course N.
- At 8.27 chs. center of street, course N.
S. 55.4° W. 4.00 “ At 2.15 chs. center of street, course N.
S. 7430 W. 4.70 “ At 4.53 chs. S. W. cor. town of Williamsburg.
S. 85;o W. 5.60 “ - .
N. 8840 W. 12.47 “ to meander cor. to fractional secs. 13 and 18 on W.
boundary of township, which is a sandstone, 30 × 12 × 8 ins., marked
M. C., with mound of stone 2ft. high, 44 ft. base, alongside. t
Land, level. r
Soil, sandy loam—2d rate.
No timber.
August 16, 1886.
7 miles 36 chs. and 82 llºs. of the subdivision lines run over mountainous
land, or through timber; and 3 miles 59 chs. and 69 lks. of the meander
lines run through timber or dense brush.
GENERAL DESCRIPTION.
This township contains nearly every variety of land from plains to mountains, and
the soil ranges from alkali to rich loam. The soil of the bottom land along the Yel-
lowstone River and on the island is generally rich, black loam, capable of producing
abundant crops without irrigation. The soil of the remaining portion of the town-
ship, except the alkali flat in secs. 23 and 24, and the mountainous land, can nearly all
be classed as second rate, is covered with an abundant growth of rich and nutritious
grasses, and will produce crops without irrigation. In the southwestern portion of
the township only the grass is more scanty, and irrigation may be necessary.
Cottonwood timber is found along the Yellowstone River, on the island, and some
Scattering along the creeks. The mountain is covered with a dense growth of pine
and fir timber, many of the trees being very large. -
There is one limestone quarry in secs. 8 and 9 which affords excellent building stones,
and, from surface indications, it is probable that large bodies of limestone and sand-
stone underlie other portions of the township. Iron ore was found in Sec. 3. .
The township is well watered by the Yellowstone River, which runs through the
668 SURVEYS OF THE PUBLIC LANDS.
Southeastern portion, and many small springs and brooks. The eastern end, compris-
ing only a small portion of Lin's Lake, is included in this township. This lake is
about 10 miles long, and its greatest width about 4 miles. The water is clear and
pure, and varies in depth from 10 to 200 feet.
The town of Williamsburg is the county seat of Custer County, contains a court-
house, two churches, two hotels, several stores, and about 50 dwelling houses. Its
estimated population is 300.
There are two settlers in sec. 35, and one each in secs. 16, 17, 19, and 25.
James Parker has fenced a portion of his desert land claim, in Sec. 36, and is boring
an artesian well to bring water upon it.
WALTER W. DE LACY,
U. S. Deputy Surveyor.
FINAL OATHS FOR SURVEYS.
LIST OF NAMES.
A list of the names of the individuals employed by Walter W. de Lacy, U. S. dep-
uty surveyor, to assist in running, measuring, and marking the lines and corners de-
scribed in the foregoing field notes of the survey of the subdivision and meander lines
of township No. 6 north, of range No. 34 east of the principal base and meridian, in
the Territory of Montana, showing the respective capacities in which they acted:
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Compassman.
WILLIAM MORAN ... - - - - - * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Chainman.
PETER COOPER ------------------------. ----------------------------- Chainman.
* * * * * = - - - - e s m is es as ºs e º - e º ºs e º ºs s = * * * * * * * B º e º 'º - - - - iº º ºs º ºs e º 'º - - - - Chainman.
T T - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Chainman.
ARTHUR F. FOWLER - - - - - - - - - - - - ------------------------------------ Axeman.
FRANKLIN J. SAGE --------------------------------------------------Axeman.
JOIN PARKER-------------------------------------------------------Flagman.
FINAL OATHS OF ASSISTANTS,
We hereby certify that we assisted Walter W. de Lacy, U. S. deputy surveyor, in
Surveying all those parts or portions of the subdivision and meander lines of town-
Ship No. 6 north, of range 34 east of the principal base and meridian, Territory of
Montana, as are represented in the foregoing field notes as having been surveyed by
him and under his direction; and that said survey has been in all respects, to the
best of our knowledge and belief, well and faithfully surveyed, and the corner monu-
ments established, according to the instructions furnished by the U. S. surveyor-gen-
eral for Montana. *
, Compassman.
WILLIAM MORAN, Chainman.
PETER COOPER, Chainman.
—, Chainman.
, Chainman.
ARTHUR F. FOWLER, Azeman.
FRANKLIN J. SAGE, Aaceman.
JOHN PARKER, Flagman.
Subscribed and sworn to before me this twenty-third day of August, 1880.
[SEAL.] - JOHN JENKINS,
Notary Public.
FINAL OATH OF U. S. DEPUTY SURVEYOR
I, Walter W. de Lacy, U. S. deputy surveyor, do solemnly swear that in pursuance
of instructions received from Roswell H. Mason, U.S. surveyor-general for Montana,
bearing date of the third day of July, 1880, I have well, faithfully, and truly, in my
own proper person, and in strict conformity with the instructions furnished by the
U. S. surveyor-general for Montana, the surveying manual, and the laws of the United
States, surveyed all those parts or portions of the subdivision and meander lines of
township No. 6 north, of range No. 34 east of the principal base and meridian, in the
Territory of Montana, as are represented in the foregoing field notes as having been
surveyed by me and under my direction; and I do further solemnly swear that all the .
corners of said survey have been established and perpetuated in strict accordance with
the surveying manual, printed instructions, the special written instructions of the U.
S. surveyor-general for Montana, and in the specific manner described in the field notes,
DAGRAM
FourTH STANDARD PARALLEL North
T. 16 N.
R.24 E.
* * * * *
fº/ö/ 6.
24-#--s 19
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THIRD STANDARD PARALLEL
T. 13 N,
R.24 E.
NORTH








TOWNSHIP
_-- ** TT
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- - - - - - -º- - - -s." - -
* - - -- * * -- * *
- *** - - *-* - - -- a-- -
Area of Public Land 21462.7/Acres, of hater,Surface Z310.964cres, - of 7bmºn size 207/0.4cres. - Total number of Acres= 2298077
- * *- - - - - -- e.
- - -
- asses. -- - ºne-sa • * - *** * *
NQ 6
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;
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- - - - - - - - -
RANGE
DJAGR
Nº. 34
-----
•= <-- - - - - - * * * * *-* * - - - -
* - - - - - -
ANM B
EAST
Spring
" " - - - - -
OF THE
- - - - - * * * * ~ *
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}
|
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..Y.
- - -aº - *- - - sº- - -- * * * - -
- * * * *
..Surveys Designated
Ay//om Sørveyed
Alafe or Confrºzcz
Amount of Surveys
//he/2 Surveyed
Aſean Zeclination.
-—
Zorynship Lines i
sº Aſ Z$ Ch. S LA 3 e
Sriha/frf.sjoyz.s. J/zz//ey" J/Z ('e Zoº & J.' March 22* /379 57 26 99. Azza, 6° to 16° Zää0 ſº." 37 ' 30"
_lſea??aſe/s • 20 __ !! 46 Oğ 29
PRINCIPAL
MERIDIAN MONTANA
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4.
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- DIA GRAM. C.
Sheet Nº. 3
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Quarter Section Mound Corner
























SURVEYS OF THE PUBLIC LANDS. 669
and that the foregoing are the true field notes of such survey, and should any fraud be
detected I will suffer the penalty of perjury under the provisions of an act of Congress
approved August 8, 1846.
WALTER W. DE LACY,
U. S. Deputy Surveyor.
Subscribed and sworn to before me this thirty-first day of August, 1880.
LSEAL. J JOHN JENKINS,
Notary Public.
PRIVATE LAND CLAIM SURVEYS.
For method and instructions as to survey of private land claims, see Private Land
Claim8, Chap. XXXI, page 394, et 8eq., and addenda, pages —.
ASUR VEY OF MINERAL LANDS.
For method and instructions as to survey of mineral claims, quartz or placer, and
other valuable deposits, see chapter XXVI, Mines on the Public Domain, pages 306 to
331, and addenda, pages —.
RESTORATION OF LOST AND OBLITERATED CORNERS.
MARCH 13, 1883.—IN EFFECT JUNE 30, 1883.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., March 13, 1883.
The increasing number of letters from county and local surveyors received at this
office, making inquiry as to the proper method of restoring to their original position
lost or obliterated corners marking the survey of the public lands of the United States,
or such as have been willfully or accidentally moved from their original position, have
rendered the preparation of the following general rules necessary, particularly as in a
very large number of cases the immediate facts necessary to a thorough and intelligent
understanding are omitted. Moreover, surveys having been made under the author-
ity of different acts of Congress, different results have been obtained, and no special
law has been enacted by #. authority covering and regulating the subject of the
above-named inquiries. Hence the general rules here given must be considered merely
as an expression of the opinion of this office on the subject, based, however, upon the
spirit of the several acts of Congress authorizing the surveys, as construed by this
office. When cases arise which are not covered by these rules, and the advice of this
office is desired, the letter of inquiry should always contain a description of the par-
ticular corner with reference to the township, range, and section of the public surveys,
to enable this office to consult the record.
To restore extinct boundaries of the public lands correctly, the surveyors must have
some knowledge of the manner in which townships were subdivided by the several
methods authorized by Congress. Without this knowledge he may be greatly em-
barrassed in the field, and is liable to make mistakes invalidating his work, and lead-
ing eventually to serious litigation. It is believed that the following synopsis of the
several acts of Congress regulating the surveys of the public lands will be of service
to county surveyors and others, and will help to explain many of the difficulties en-
countered by them in the settlement of such questions.
The differences resulting from Congressional legislation at different periods resulted
in two sets of corners being established on township lines at one time; at another time
three sets of corners were established on range lines, while the system now in operation
makes but one set of corners on township boundaries, except on standard lines, i. e., base
and correction lines, and in some exceptional cases.
The following brief explanation of the modes which have been practiced will be of
service to all who may be called upon to restore obliterated boundaries of the public
land surveys :
Where two sets of corners were established on township boundaries, one set was
planted at the time the exteriors were run, those on the north boundary belonging to
the sections and quarter sections north of said line, and those on the west boundary
belonging to the sections and quarter sections west of that line. The other set of cor-
ners was established when the township was subdivided. This method, as stated, re-
&ulted in the establishment of two sets of corners on all four sides of the townships.
Where three sets of corners were established on the range lines, the subdivisional
surveys were made in the above manner, except that the east and west section lines,
instead of being closed upon the corners previously established on the east boundary
670 surveys OF THE PUBLIC LANDS.
of the township, were run due east from the last interior section corner, and new
corners were erected at the points of intersection with the range line.
The method now in practice requires section lines to be initiated from the corners
on the south boundary of the township, and to close on existing corners on the east,
north, and west boundaries of the township, except when the north boundary is a
base line or standard parallel.
SYNOPSIS OF ACTS OF CONGRESS.
The first enactment in regard to the surveying of the public lands was an ordin-
organse of the ance passed by the Congress of the Confederation, May 20, 1785, pre-
congress of the con scribing the mode for the survey of the “Western Territory,” and
#;"#"; º; which provided that said territory should be divided into “town-
p. 349. Edition 1823. ships of six miles square, by lines running due north and south, and
others crossing them at right angles” as near as might be.
It further provided that the first line running north and south should begin on the
Ohio River, at a point due north from the western terminus of a line run as the south
boundary of the State of Pennsylvania, and the first line running east and west should
begin at the same point, and extend through the whole territory. In these initial
surveys only the exterior lines of the townships were surveyed, but the plats were
marked by subdivisions into section of one mile square, numbered from 1 to 36, com-
mencing with No. 1 in the southeast corner of the township, and running from South
to north in each tier to No. 36 in the northwest corner of the township; mile corners
were established on the township lines. The region embraced by the surveys under
this law forms a part of the present State of Ohio, and is generally known as “the
Seven Ranges.”
The Federal Congress passed a law, approved May 18, 1796, in regard to surveying
Act of May 18, 1796. U. the public domain, and applied to “the territory Inorthwest of the
jº, Ohio River, and above the mouth of the Kentucky River.”
U. S. Revised Statutes.
Section 2, of said act, provided for dividing such lands as had not been already
surveyed or disposed of, “by north and south lines run according to the true meridian,
and by others crossing them at right angles, so as to form townships of 6 miles square,”
&c. It is also provided that “one-half of said townships, taking them alternately,
should be subdivided into sections containing, as hearly as may be, 640 acres each,
by running parallel lines through the same each way at the end of every two miles,
and marking a corner on each of said lines at the end of every mile.” The act also
provided that “the sections shall be numbered, respectively, beginning with the
number one in the northeast section, and proceeding west and east alternately through
the township, with progressive numbers till the thirty-sixth be completed.” This
method of numbering sections is still in use.
An act amendatory of the foregoing, approved May 10, 1800, required the “town-
Act of May 10, isoo ships west of the Muskingum, which are directed to be sold in quar-
U.S. statutes at Large, ter townships, be subdivided into half sections of 320 acres each, as
** * * : nearly as may be, by running parallel lines through the same from
Statutes. east to west, and from north to south, at the distance of one mile
from each other, and making corners, at the distance of each half mile on the lines
running east and west, and at the distance of each mile on those running from south
to north. And the interior lines of townships intersected by the Muskingum, and of
all townships lying east of that river, which have not been heretofore actually sub-
divided into sections, shall also be run and marked. And in all cases where the ex-
terior lines of the townships thus to be subdivided into sections or half sections shall
exceed, or shall not extend six miles, the excess or deficiency shall be specially noted,
and added to or deducted from the western or northern ranges of sections or half sec-
tions in such township, according as the error may be in running the lines from east.
to west or from south to north.” Said act also provided that the northern and west-
era tier of sections should be sold as containing only the quantity expressed on the
plats, and all others as containing the complete legal quantity. -
The act approved June 1, 1767, “regulating the grants of land appropriated for
Act of June 1, 1796 military services,” &c., provided for dividing the “Virginia Military
U.S. statºes at Large, Tract,” in the State of Ohio, into townships 5 miles square, each to
vol. 1, p. 490. be subdivided into quarter townships containing 4,000 acres.
Section 6 of the act approved March 1, 1800, amendatory of the foregoing act, en-
Act of March 1, isoo acted that the Secretary of the Treasury was authorized to subdivide
U.S. statutes at Large, the quarter townships into lots of 100 acres, bounded as nearly as
vol. 2, p. 14. practicable by parallel lines 160 perches in length by 100 perches in
width. These subdivisions into lots, however, were made upon the plats in the office
of the Secretary of the Treasury, and the actual survey was only made at a subsequent
time when a sufficient number of such lots had been located to warrant the survey.
surveys OF THE PUBLIC LANDS. 671
It thus happened in some instances, that when the survey cams to be made the plat
and survey could not be made to agree, and that fractional lots on plats were entirely
crowded out. A knowledge of this fact may explain some of the difficulties met with
in the district thus subdivided.
The act of Congress approved February 11, 1805, directs the subdivision of the public
lands into quarter quarter sections, and provides that all corners Act of February 11
marked in the field shall be established as the proper corners of the sec- 1805. U.S. statutes.
tions or quarter sections which they were intended to designate, and ; Ҽ *.*:
that corners of half and quarter sections not marked shall be placed Revised Statutes.
as nearly as possible “equidistant from those two corners which stand on the same line.”
This act further provides that “the boundary lines actually run and marked” (in the
field) “shall be established as the proper boundary lines of the sections or subdivisions
for which they were intended; and the length of such lines as returned by the surveyors
shall be held and considered as the true length thereof, and the boundary lines which
shall not have been actually run and marked as aforesaid shall be ascertained by
running straight lines from the established corners to the opposite corresponding
corners, but in those fractional townships where no such opposite or corresponding
corners have been or can be fixed, the said boundary line shall be ascertained by run-
ning from the established corners due north and south, or east and west, as the case
may be, to the external boundary of such fractional township.”
The act of Congress approved April 24, 1820, provides for the sale of public lands
in half quarter sections, and requires “that in every case of the di- Act of April 24, 1820.
vision of a quarter section the line for the division thereof shall run º “s.
north and south, and fractional sections, containing 160 acres and #,” J. " :
upwards, shall in like manner, as nearly as practicable, be subdivid Sta".
into half quarter sections, under such rules and regulations as may be prescribed by
the Secretary of the Treasury; but fractional sections, containing less than 160 acres,
shall not be divided.” -ºr
The act of Congress approved May 24, 1824, provides “that whenever, in the opinion
of the President of the United States, a departure from the ordinary A., ºr May 24, 1824
mode of surveying land on any river, lake, bayou, or water-course U.S. statute; a 'Large,
would promote the public interest, he may direct the surveyor-gen- * * * *
eral in whose district such land is situated, and where the change is intended to be
made, under rules and regulations as the President may prescribe, to cause the lands
thus situated to be surveyed in tracts of two acres in width, fronting on any river,
bayou, lake, or water-course, and running back the depth of forty acres.” :
The act of Congress approved April 5, 1833, directed the subdivision of the public
lands into quarter quarters ; that in every case of the division of a Act of April 5, 1832.
half quartersection the dividing line should run east and west, and tº jº.
that fractional sections should be subdivided, under rnles and regula- #,” tº º j
tions prescribed by the Secretary of the Treasury. Under the latter statutes.
provision the Secretary directed that fractional sections containing less than 160 acres,
or the residuary portion of a fractional section, after the subdivision into as many quar-
ter quarter sections, as it is susceptible of, may be subdivided into lots, each contain-
ing the quantity of a quarter quarter section as nearly as practicable, by so laying
down the line of subdivision that they shall be 20 chains wide, which distances are to
be marked onºhe plat of subdivision, as are also the areas of the quarter quarters
and residuary fractions.
These two acts last mentioned provided that the corners and contents of half quar-
ters and quarter quarter sections should be ascertained as nearly as possible in the
º: and on the principles prescribed in the act of Congress approved February
11, 1805. -
From the foregoing synopsis of Congressional legislation it is evident—
1st. That the boundaries of the public lands established and returned by the duly
appointed Government surveyors, when approved by the surveyors general and ac-
cepted by the Government, are unchangeable.
2d. That the original township, section, and quarter section corners established by
the Government surveyors must stand as the true corners which they were intended to
represent, whether the corners be in place or not.
3d. That quarter quarter corners not established by the Government surveyors must
be planted equidistant and on line between the quarter section and section corner.
4th. That all subdivisional lines of a section must be straight lines, running from
the proper corner in one exterior line to its opposite corresponding corner in the oppo-
site exterior line.
5th. That in fractional sections where no opposite corresponding corner has been or
can be established, any required subdivision line of such section must be run from the
proper original corner in the boundary line due east and west, or north and south, as
the case may be, to the water-course, Indian reservation, or other exterior boundary
of such section.
672 SURVEYS OF THE PUBLIC LANDS.
From the foregoing it will be plain that extinct corners of the Government surveys
must be restored to their originallocations, whenever it is possible to do so; and hence
resort should always be first had to the marks of the survey in the field, The locus
of the missing corner should be first identified on the ground by the aid of the mound,
pits, line trees, bearing trees, &c., described in the field notes of the original survey.
The identification of mounds, pits, and witness trees, or other objects noted in the
field notes of survey, afford the best means of relocating the missing corner in its
original position. If this cannot be done, clear and unquestioned testimony as to the
locality it originally occupied should be taken, if such can be at all obtained. In any
event, whether the locus of the corner be fixed by the one means or the other, such
locus should always be tested and proven by measurements to known corners. No
definite rule can be laid down as to what shall be sufficient evidence in such cases, and
much must be left to the skill, fidelity, and good judgment of the surveyor in the per-
formance of his work.
Where retracements of lines have to be made for the purpose of either testing the
relocation of a missing corner, or by direct measurement between known corners
intorsecting at the point sought to be re-established, it will almost invariably happen
that a difference of the measurement is developed between the original measurement, as
stated in the field notes, and the new measurement made for that purpose of re-establish-
ment or proof. When these differences occur, the surveyor must in all cases re-estab-
lish or prove his corners at intervals proportionate to those given in the field notes of
the original survey. From this rule there can be no departure, since it is the basis upon
which the whole operation depends for accuracy and truth.
TO RESTORE I, OST OR OBLITERATED CORNERS.
1. To restore corners on base and correction lines.—Run a right line between the nearest
existing corners on such line, whether base or correction line, which corners must, how-
ever, be fully identified, and at the point proportionate to the distance given in the
field notes of the original survey, establish a new corner. This point should be veri-
fied by measurements to the nearest known corners north or south of the base or cor-
rection line, or both.
Where several corners are missing between the corners to be connected as directed
above, their location will be determined upon the same principle and the same man-
ner, that is to say, the original distance of the entire line between the recognized cor-
ners is to the entire distance remeasured between the same corners as the original
distance of the first, second, third, &c., interval of the original survey is to the new
distance to be laid off for the corresponding new interval. After having checked each
new location by measurement to the nearest known corners north or south of the line,
new corners will be established permanently, and new bearings and measurements
taken to prominent objects, which should be of as permanent a character as possible,
and the same recorded for future reference.
As has been observed, no existing original corner can be disturbed, and it will be
plain that any excess or deficiency in measurements between existing corners cannot
in any degree affect the distances beyond said existing corners, but must be added or
subtracted proportionately to or from the intervals embraced between the corners
which are still standing.
2. Re-establishment of township corners common to four townships.-Inasmuch as town-
ship lines are sometimes run in a direction not true north and south, or east and west,
a line should first be run connecting the nearest known corners on the north and south
township lines and a temporary corner established at the proportionate distance.
This will establish the location of the township corner only so far as its relative
position north and south is concerned. The nearest known corners on the east and
west township lines will then be connected in the same manner, independent of the
temporary corner previously set, and the proportionate point determined in that
direction; any difference east or west of the temporary corner which may be devel-
oped by the last operation, by intersection with the line previously run north and
south, will then be laid off in the direction required from the temporary corner, and
a permanent corner established at such point, marked and witnessed as in the fore-
going case. -
3. Re-establishment of corners common to two townships.—The two nearest known cor-
ners on the township line, the same not being a base or a correction line, will be con-
nected as in case No. 1, by a right line, and the missing corner established by pro-
portionate distance as directed in that case; the location thus found will be checked
upon by measurements to nearest known section or quarter section corners north and
south, or east and west, of the township line, as the case may be. -
4. Re-establishment of closing corners.—Measure from the quarter section, section or
township corner east 9r west, as the case may be, to the next preceding or succeeding
corner in the order of original establishment, and re-establish the missing closing
SURVEYS OF THE PUBLIC LANDS. 673.
corner by proportionate measurement. The line upon which the closing corner was:
originally established should always be remeasured, in order to check upon the correct-
neºs of the new location.
. Re-establishment of interior section corners.-This class of corners should be re-estab-
lished in the same manner as corners common to four townships. In such cases, when
a number of corners are missing on all sides of the one sought to be re-established,
the entire distance must, of course, be remeasured between the nearest existing rec-
ognized corners both north and south and east and west, in accordance with the rule
laid down, and the new corner re-established by proportionate measurement. The
mere measurement in any one of the required directions will not suffice, since the
direction of the several section lines running northwards through a township, or run-
ning east and west, are only in the most exceptional cases true prolongations of the
alignment of the section lines initiated on the south boundary of the township; while
the east and west lines running through the township, and theoretically supposed to
be at right angles with the former, are seldom in that condition, and the alignment
of the closing lines on the east and west boundaries of the township, in connection
with the interior section lines, even less seldom in accord. Moreover, the alignment
of the section line itself from corner to corner, in point of fact, also very frequently
diverges from a right line, although presumed to be so from the record contained in
the field notes and so designated on the plats, and become either a broken or a curved
line. This fact will be determined, in a timbered country, by the blazes which may
be found upon trees on either side of the line, and although such blazed line will 11ot
strictly govern as to the absolute direction assumed by such line, it will assist very
materially in determining its approximate direction and should never be neglected
in retracements for the re-establishment of lost corners of any description. Sight
trees described in the field notes, together with the recorded distances to same, when
fully identified, will, it has been held, govern the line itself, even when not in a
direct or straight line between established corners, which line is then necessarily a
broken line by passing through said sight trees. ... Such trees, when in existence and
properly identified beyond a question of doubt, will very materially assist in evidenc-
ing the correct relocation of a missing corner. It is greatly to be regretted that the
earlier field notes of survey are so very meager in the notation of the topography
found on the original line, which might in very many instances mäterially lessen a
surveyor's labors in retracement of lines and re-establishment of the required missing
corner. In the absence of such sight trees and other evidences regarding the line, as
in an open country, or where such evidence has been destroyed by time, the elements,
or the progress of improvement, the line connecting the known corners should be run
straight from corner to corner.
6. Re-establishment of quarter section corners on township boundaries. –Only one set of
quarter section corners are actually marked in the field on township lines, and they
are established at the time when the township exteriors are run. When double sec-
tion corners are found, the quarter section corners are considered generally as stand-
ing midway between the corners of their respective sections, and when required to
be established or re-established, as the case may be, they should be generally, so
placed; but great care should be exercised not to mistake the corners of one section
for those of another. After determining the proper section corners marking the line
upon which the missing quarter section corner is to be re-established, and measuring
said line, the missing quarter section corner will be re-established in accordance with
the requirements of the original field notes of survey by proportionate measurement
between the section corners marking the line. -
Where there are double sets of section corners on township and range lines, and
the quarter section corners for sections south of the township or east of the range
lines are required to be established in the field, the said quarter section corners should
be so placed as to suit the calculation of areas of the quarter sections adjoining the
township boundaries as expressed upon the official township plat, adopting propor-
tionate measurements when the present measurements of the north and West bound-
aries of the section differ from the original measurements.
7. Re-establishment of quarter section corners on 8ection lines closing upon the north and
west township boundaries.—This class of corners must be re-established according to
the original measurement at forty chains from the last interior section corner. If the
measurements do not agree with the original survey, the excess or deficiency must be
divided proportionately between the two distances, as expressed in the field notes of
original survey. The section corner started from and the corner closed upon should
be connected by a right line, unless the retracement should develop the fact that the
section line is either a broken or curved line, as is sometimes the case.
8. Re-establishment of interior quarter 8ection corners.-In some of the older surveys
these corners are placed at variable distances, in which case the field notes of the
original survey must be consulted, and the quarter section corner re-established at
proportionate distances between the corresponding section corners, in accordance
there with. The later surveys being more uniform and in stricter accordance with
43 L O—WOL III
$674 SURVEYs of THE PUBLIC LANDs.
law, the missing quarter section corner must be re-established equidistant between
the section corners marking the line, according to the field notes of the original sur-
yey. The marks made under § 5, in relation to section lines, apply with full force
here also; the Gaution there given not to meglect sight trees is equally applicable;
since the proper re-establishment of the quarter section corner may in some instances
Very largely depend upon its observance, and avoid one of the many sources of litiga-
ition. -
8. Where double corners were originally established, one of which is standing, to re-estab-
dish the other.—It being remembered that the corners established when the exterior
township lines were run belong to the sections in the townships north and west of those
lines, the surveyor must first determine beyond a doubt to which sections the existing
corner belongs. This may be done by testing the courses and distances to witness
trees or other objects noted in the original field notes of survey, and by remeasuring
distances to known corners. Having determined to which township the existing cor-
ner belongs, the missing corner may be re-established in line north or south of the
existing corner, as the case may be, at the distance stated in the field notes of the
original survey, by proportionate measurement, and tested by remeasurement to the
“opposite corresponding corner of the section to which the missing section corner be-
longs. These double corners being generally not more than a few chains apart, the
“distance between them can be more accurately laid off, and it is considered preferable
to first establish the missing corner as above, and check upon the corresponding inte-
+ior corner, than to reverse the proceeding; since the result obtained is every way more
accurate and satisfactory. -
9. Where double corners were originally established, and both are missing, to re-establish
the one established when the township line was run.—The surveyor will connect the near-
est known corners on the township line, by a right line, being careful to distinguish
the section from the closing corners, and re-establish the missing corner at the point
indicated by the field notes of the original survey, by proportionate measurement.
The corner thus restored will be common to two sections either north or west of the
township boundary, and the section north or west, as the case may be, should be care-
fully retraced ; thus checking upon the re-established corner, and testing the accuracy
of the result. It cannot be too much impressed upon the surveyor, that any measure-
ments to objects on line noted in the original survey are means of determining and
testing the correctness of the operation.
10. Where double corners were originally established, and both are missing, to re-establish
£he ome established when the township was 8wbdivided.—The corner to be re-established
being common to two sections south or east of the township line, the section line
closing on the missing section corner should be first retraced to an intersection with
the township line in the manner previously indicated, and a temporary corner estab-
lished at the point of intersection. The township line will of course have been pre-
viously carefully retraced in accordance with the requirements of the original field
Anotes of Survey, and marked in such a manner as to be readily identified when reach-
ing the same with the retraced section line. The location of the temporary corner
planted at the point of intersection will then be carefully tested and verified by re-
measurements to noted objects and known corners on the township line, as noted in
the original field notes of survey, and the necessary corrections made in such relocation.
A permanent corner will then be erected at the corrected location on the township
line, properly marked and witnessed, and recorded for future requirements.
11. Where triple corners were originally established on range lines, one or two of which
have become obliterated, to re-establish either of them.—It will be borne in mind that only
two corners were established as actual corners of sections, those established on the
range line not corresponding with the subdivisional survey east or west of said range
dine. The surveyor will, therefore, first proceed to identify the existing corner or
<corners, as the case may be, and then re-establish the missing corner or corners in line
north or south, according to the distances stated in the original field notes of survey
in the manner indicated for the re-establishment of double corners and testing the
accuracy of the result obtained, as hereinbefore directed in other cases. If, however,
the distances between the triple corners are not stated in the original field notes of
survey, as is frequently the case in the returns of older surveys, the range line should
be first carefully retraced, and marked in a manner sufficiently clear to admit of easy
identification upon reaching same during the subsequent proceedings. The section
lines closing upon the missing corners must then be retraced in accordance with the
original field notes of survey, in the manner previously indicated and directed, and
the corners re-established in the manner directed in the case of double corners. The
surveyor cannot be too careful, in the matter of retracement, in following closely all
the recorded indications of the original line, and nothing, however slight, should be
neglected to insure the correctness of the retracement of the original line; since there
*s no other check upon the accuracy of the re-establishment of the missing corners,
aunless the entire corresponding section lines are remeasured by proportional measure-
ament, and the result checked by a recalculation of the areas as originally returned,
SURVEYS OF THE PUBLIC LANDS. 675
*
which, at best, is but a very poor check, because the areas expressed upon many plats
of the older surveys are erroneously stated on the face of the plats, or have been care-
lessly calculated.
12. Where triple corners were originally established on range lines all of which are missing,
to re-establish same.—These corners should be re-established in accordance with the
foregoing directions, commencing with the corner originally established, when the
range line was run, establishing the same in accordance with previously given direc-
tions for restoring section and quarter gection corners; that is to say, by remeasuring
between the nearest known corners on said township line, and re-establishing the
same by proportionate measurement. The two remaining will then be re-established
in conformity with the general rules for re-establishment of double corners.
13. Re-establishment of meander corners and meanders.-Before proceeding with the
re-establisment of missing meander corners, the surveyor will carefully rechain at
least three of the section lines between known corners of the township within which
the lost corner is to be relocated, in order to establish the proportionate measurement
to be used. This requirement of preliminary remeasurement of section lines must in .
no case be omitted; since it is the only data upon which the fractional section line
can be remeasured proportionately, the corner marking the terminus, or the meander
corner being missing, and which it is intended to re-establish. The missing meander
corner will be re-established on the section or township line retraced in its original
location, by the proportionate measurement found by the preceding operations, from
the nearest known corner on such township or section line, in accordance with the
requirements of the original field notes of survey. To retrace the original meander
lines, between the meander corners re-established as above, is generally an opera-
tion of much greater difficulty, owing to the fact that the line connecting the meander
corners is, in most instances, a broken line, and is, moreover, unmarked at each point
of change in direction intermediate between the said meander corners, thus affording
no check upon the work as it progresses through a section. The several deflections
of line comprising the meanders in any one section being originally run by compass,
their retracement by compass at a later period offers too many opportunities for
error; inasmuch as the variation of the needle, as noted in the original field notes of
survey, may have undergone violent changes by removal of the cause, such as timber,
&c., or increased attractions by exposure of minerals, thus giving no means of cor-
rection to be applied in that direction at the time of retracement. Moreover, the
variation of the needle as noted is not to be implicitly depended upon, since the ob-
servations for variation are in many instances crude and rough, and at best afford
but an approximation in such work. It is, therefore, deemed preferable, where such
variation has been carefully noted in the original field notes of survey, and the lines
have been run with a true meridian throughout, to retrace the meanders by the
angles made by the several successive courses. For instance, supposing the first
course of a meander in a section to be initiated from a north and south section line,
and the course by compass to be N. 30° 15' E., true meridian, the surveyor will lay
off the angle of 30° 15' in the direction required; the second course being N. 85°45'
E., makes an angle with the preceding course of 55°30'; the next course being S. 23°
30' E. makes an angle with the preceding course of 66° 30', and so on through the
section. The required distances on each course being carefully chained, the excess
or deficiency of the aggregate distance should be proportionately distributed on each
course between the meander corners from the data thus. found; also any error that
may develop itself in the angles will be proportionately distributed upon the several
angles and the entire meanders corrected in accordance therewith. . Where no vari-
ation has been noted in the original field notes of survey, the meanders can only be
retraced by trial lines, on the courses and distances originally given, and corrected
by proportionate measurement of angle and distance as above. The surveyor will,
of course, take cognizance of any information furnished by the original field notes of
survey, as to objects on each course to which distances may be given or bearings
taken, as well as at the meander stations themselves.
14. Fractional Section lines.—County and local surveyors being sometimes called
upon to restore fractional section lines closing upon Indian, military, or other reser-
vations, private grants, &c., such lines should be restored upon the same principles
as directed in the foregoing pages, and checked whenever possible upon such corners
or monuments as have been placed to mark such boundary lines.
In some instances corners have been moved from their original position, either by
accident or design, and county surveyors are called upon to restore such corners to
their original positions, but, owing to the absence of any and all means of identifica-
tion of such location, are unable to make the result of their work acceptable to the
owners of the lands affected by such corner. In such cases the advice of this office
has invariably been to the effect that the relocation of such corner must be made in
accordance with the orders of a court of competent jurisdiction, the United States
having no longer any authority to order any changes where the lands affected by
such corner have been disposed of. -
676. EARLY SALE AND DISPOSITION OF PUBLIC LANDS.
The original evidences of the public land surveys in the following States, viz: Ohio,
Indiana, Illinois, Michigan, Wisconsin, Iowa, Missouri, Arkansas, Mississippi, Ala.
bama, and Kansas have been turned over, under the provisions of sections 2218,2219,
and 2220, United States Revised Statutes, to the State authorities, to whom applica-
tion should be made for such copies of the original plats and field notes as may be
desired.
N. C. McFARLAND,
Commissioner.
Approved.
DEPARTMENT OF THE INTERIOR,
March 13, 1883.
H. M. TELLER,
Secretary.
METHOD OF SALE, PRICE, AND DISPOSITION OF THE PUBLIC DOMAIN
FROM 1784 TO 1880,
[See Chap. VIII, pages 196 to 208.]
No change in this chapter to June 30, 1883. The system and prices remain the same.
The throwing open to private purchase, at $1.25 per acre, in unlimited quantities, the
public lands in the States of Arkansas, Louisiana, Mississippi, Alabama, and Florida,
as ordered by the act of June 22, 1876, has resulted in the purchase of millions of acres
by large holders and speculators. This still continues (see page 207, and annual re-
ports of Commissioner of the General Land Office for 1880, '81, '82 and '83, and tables
of sales herein, showing sales in these several States). Arable lands should be held
for actual settlers.
DONATIONS OF LAND AND SPECIAL GRANTs.
To JUNE 30, 1882.
[See Chapter IX, pages 209 to 213.]
Congress, having complete and entire control over the public domain, can sell it,
give it away, or make such other disposition as it likes and as it believes best for the
general Welfare and public good.
In addition to those cited in Chapter IX, pages 209 to 213 herein, the following are
given, having been enacted or put in operation since June 30, 1880:
[From Reports for 1881 and 1882 of General Land Office.]
WITHDRAWAL OF LANDS IN THE STATES OF WISCONSIN AND MINNESOTA FOR RESER=
VOIR PURPOSES.
By the provisions of the second section of an act of Congress entitled “An act mak-
ing appropriations for the construction, repair, preservation, and completion of cer-
tain public works on rivers and harbors, and for other purposes,” approved June 18,
1878, the Secretary of War was directed to cause an examination to be made of the
sources of the Mississippi and Saint Croix Rivers, in the States of Wisconsin and
Minnesota, and of the Chippewa and Wisconsin Rivers, in the State of Wisconsin, to
determine the practicability and cost of creating and maintaining reservoirs upon the
headwaters of said rivers and their tributaries, for the purpose of regulating the vol-
ume of water and improving the navigation of said rivers. Subsequently, by the
provisions of the acts of March 3, 1879, June 14, 1880, and March 3, 1881, appropria-
tions were made for the survey above referred to, and the construction of said reservoirs.
The Secretary of War, by letter of February 7, 1880, submitted to Congress the
report of the United States engineer having in charge the survey provided for by the
acts of June 18, 1878, and March 3, 1879 (House Ex. Doc. No. 39, Forty-sixth Congress,
second session), from which it appeared that certain vacant public lands in the United
States in the States of Wisconsin and Minnesota would be affected in the event of
affirmative action by Congress on said report, in view of which fact the Secretary of
War, by letter of March 3, 1880, addressed to the Secretary of the Interior a request
that all public lands which it appeared from the engineer's report would be affected
be withdrawn from sale or disposal pending action by Congress. The request of the
Secretary of War having been referred to this office by the Assistant Secretary of the
Interior, with an indorsement thereon directing a report to be made on the subject-
matter thereof, there appearing to be no valid reason why the lands referred to should
not be withdrawn from sale as requested, a list of Same was prepared, together with.
DONATIONS OF LAND AND SPECIAL GRANTS. 677
a draft of a proclamation withdrawing said lands from sale or disposal, which was trans-
mitted to the Department March 19, 1880, which proclamation (No. 859, G. L. O. series)
received the signature of the President March 22, 1880, and was at once promulgated
by this office. By this proclamation some 70,000 acres of land in the districts of Falls
Saint Croix, Eau Claire, Bayfield, and Wausau, in the State of Wisconsin, and 200 acres
in the district of Taylor's Falls, Minnesota, were withdrawn from sale or disposal.
Under date of February 14, 1881, the Secretary of War transmitted a second report
by the engineer in charge of survey, dated Saint Paul, Minn., June 12, 1880, contain-
ing a list of lands found to be within the limits of or necessary to be appropriated for the
purposes of the reservoirs referred to, which list was referred to this office with direc-
tions for report thereon by the Department, under date of Febuary 15, 1881. In com-
pliance with instructions, alist of said lands was prepared and forwarded, together with
a draft of a proclamation of withdrawal, under date of March 25, 1881. This proclama-
tion (No. 868, G. L. O. series) received the signature of the President April 5, 1881,
and by it some 35,000 acres of land in the districts of Falls Saint Croix, Eau Claire,
Bayfield, and Wausau, in the State of Wisconsin, and some 3,000 acres in the districts
of Saint Cloud and Taylor's Falls, in the State of Minnesota, were withdrawn from
sale or disposal. -
This office also prepared lists of those lands included in the reports, the engineer
having in charge the surveys above referred to which were found to be within the
limits of the leech Lake, Chippewa, and Cass Lake Indian reservations in the State
of Minnesota, and the Court Oreille and Lac de Flambeau Indian reservations in the
jº of Wisconsin, which were forwarded to the Department with letter of March
, 1881.
[Report of 1882.]
In accordance with the provisions of the acts mentioned, and upon requests of the
Secretary of War, dated November 22, 1881, and January 13, 1882, lands liable to over-
§: by the construction of reservoirs have been withdrawn from sale or disposal, as
OllOWS : -
In the Saint Cloud, Minn., land district, per proclamation No. 872 (General Land
Office series), about 17,000 acres. -
By proclamation No. 874, in the Wausau, Wis., land district, about 5,000 acres; in
the Bayfield district, Wisconsin, about 4,000 acres; in the Eau Claire district, Wiscon-
sin, about 500 acres; in the Falls of Saint Croix district, Wisconsin, about 1,600 acres;
in the Saint Clond district, Minnesota, about 29,500 acres; in the Taylor's Falls dis-
trict, Minnesota, about 200 acres.
The total area of lands withdrawn by the two proclamations is about 57,800 acres.
During the fiscal year ending June 30, 1881, about 108,200 acres of pubic lands
were withdrawn for reservoir purposes, per proclamations Nos. 859 and 868.
On August 17, 1882, the Secretary of War, by a letter addressed to the honorable
Secretary of the Interior and referred to this office, called attention to the fact that
a number of tracts had been omitted from proclamations Nos. 872 and 874, and requested
the withdrawal of the same from sale or disposal. These tracts are in the Saint Cloud
district, Minnesota, and aggregate about 1,800 acres in area. By letter dated August
: 1882, the Commissioner directed the register and receiver to withhold the same from
isposal.
The total area of lands withdrawn by proclamation and withheld from disposal for
reservoir purposes, under the acts referred to, approximates 168,000 acres, worth, at
$1.25 per acre, $210,000.
By act of Congress of August 2, 1882, $300,000 were appropriated for reservoir pur-
poses, and it is provided that—
“This sum shall be expended at such places on said headwaters of the Mississippi
River and its tributaries as the Secretary of War shall determine: Provided, That the
Secretary of War be, and he is hereby, authorized and empowered to enter upon,
purchase, take, and hold any lands or premises, and any materials of stone, timber,
or other kinds, that may be necessary and proper for the construction of said works.
And in case the owner of such lands, premises, and materials and the Secretary of War
cannot agree as to the value of the lands, premises, and materials taken or to be taken
for said use, then the value thereof shall be determined by the appraisal of three dis-
interested commissioners, who may be appointed upon application by either party to
the judge of the United States district court for the district in which such land, prem-
ises, or materials may be situate; and said commissioners, in their assessment of dam-
ages, shall appraise such lands, premises, and materials at what would have been
the value thereof if said works had not been constructed; and upon return into said
United States district court of such appraisement, and upon the payment into the
same of the estimated value of said land, premises, and materials, so taken and ap-
praised as aforesaid, said land, premises, and materials shall be deemed to be, and
shall become, the property of the United States, which shall thereby acquire full title
to the same. And either party feeling aggrieved at said appraisement may, within
thirty days after the same has been returned into said court, file an appeal therefrom
and demand a trial by jury in said court to estimate and ascertain the damages sus-
678 THE PRE-EMPTION ACTS.
tained: Provided further, That the money hereby appropriated shall be used solely
for the improvement of the navigation of the Mississippi River and its tributaries, and
no part thereof shall be expended with the view to the improvement of private prop-
erty. And the Secretary of the Interior is hereby authorized and directed to ascertain
What, if any, injury is occasioned to the rights of any friendly Indians occupying any
Indian reservation by the construction of any of the said dams, or the cutting or re-
moving of trees or other materials from any such reservation for the construction or
erection of any of said dams, and to determine the amount of damages payable to such
Indians therefor; and all such damages to private property and to friendly Indians,
when ascertained and determined in the manner herein directed and provided, shall
be paid by the United States: Provided, however, That such damages shall not exceed
10 per centum of the sums hereby appropriated for the construction of said reservoirs.”
ARTESIAN WELLS.
The act making appropriations for the Agricultural Department, approved June 16,
1880, authorized the Commissioner of Agriculture to contract for sinking two artesian
wells on the plains east of the Rocky Mountains, and select the sites for the Wells,
and required, when the site of either well should be designated, the Secretary of the
Interior to declare a reservation of four square miles, with the said site as nearly as
possible in the centre thereof.
At the request of the Commissioner of Agriculture, lot 1 of section 33, of township
22 south, of range 51 west, containing forty-six one hundredths of an acre, was re-
served for a well by letter to the Pueblo land officers, dated September 30, 1880. The
tract reserved is situated a few miles northeast of the town of West Las Animas, and
adjoins the Fort Lyon military reservation on the north. At this point a well has
been sunk to a considerable depth, but water has not been reached. This is the only
well site selected under the aforesaid appropriation. -
The act of May 19, 1882, making appropriations for the Agricultural Department,
contains the following provision :
“For locating and sinking not exceeding three artesian wells on the plains east of
the Rocky Mountains, with a view to reclaiming arid and waste public lands, $20,000:
Provided, That no part of this sum shall be expended in experiments upon the lands
of individuals or corporations, but only upon the lands belonging to the United
States. * * * *
Under this act two sites have been selected in Colorado for the sinking of wells by the
Agricultural Department, to wit, sectons 4 and 5, township 2 north, of range 52 west,
Denver district; and section 20, township 14 south, of range 44 west Pueblo district.
The vacant lands in said sections 4 and 5 (about 1,080 acres) and said section 20 were
reserved for the purpose by direction of this office, under date of August 21, 1882.
THE PRE-EMPTION ACTS, CASH ENTRIES THEREUNDER, AND WITAL
AMENDMENTS NECESSARY TO EXISTING SETTLEMENT LAWS.
[See Chapter X, pages 214 to 216, inclusive, and 1247.]
To JUNE 30, 1882.
No changes have been made in the pre-emption acts since June 30, 1880.
The number of entries thereunder cannot be given in detail, because the system of
the General Land Office carries them into “cash entries,” and they are, therefore,
embraced in the annual cash receipts from sales of lands under various laws.
It is estimated that the disposals of lands under the pre-emption acts, since the
beginning of the land system to June 30, 1882, have been about 173,000,000 of acres.
REPEAL OF THE PRE-EMPTION LAWS.
The several pre-emption laws have outlived their usefulness. Other and better
laws have been passed containing pre-emption features, and affording proper facilities
for homestly acquiring title to public lands. The pre-emption laws are now the hope of
the land-grabber and are the land-swindler's darlings. Every attempt to repeal them
by act of Congress is met with desperate hostility, and defeat follows. The Commis-
sioner of the General Land-Office for four years past has asked for their repeal. The
Secretary of the Interior has urged it for two years past. The Public Land Commis-
sion, charged with special powers to investigate abuses under the land system, ur-
gently recommended their repeal. High officials have urged that the repeal of the .
gently Fēē{}}{{{{{{{2|{{{{{2|{{ wa-a-a-a- - - tº ~ * ~ * -o-- ~~~~~~~~ --~~
tº
pre-emption laws was the salvation of the remainder of the arable public domain.
THE PRE-EMPTION ACTS, 6.79
The Secretary of the Interior, Hon. H. M. Teller, in his report for 1882, says, referring
to the recommendation of the Commissioner of the General Land Office:
I fully agree with the Commissioner in this recommendation. The pre-emption
law, intended as a means of enabling the citizen wishing to make a home to do so.
cheaply and speedily, has been used largely to aggregate large quantities of land for
the benefit of the speculator, and not for those for whose benefit it was intended.
It should be the policy of the Government to preserve the public lands suitable for
cultivation for the use of actual settlers, and this cannot be done under existing laws.
In the House of Representatives, second session, Forty-seventh Congress, December
19, 1882, Mr. Horace B. Strait, of Minnesota, from the Committee on the Public Lands,
submitted a favorable report on the following bill (H. R. No. 4993), by Mr. William D.
Washburn, of Minnesota, to repeal the laws allowing pre-emption of the public lands,
and amending the homestead law. *
IN THE HOUSE OF REPRESENTATIVEs.
MARCH 6, 1882.-Read twice, referred to the Committee on the Public Lands, and ordered to be printed.
DECEMBER, 19, 1882.—Reported with an amendment, ºferred to the House Calendar, and ordered to be,
printed.
A BILL to repeal the laws allowing pre-emptioń of the public lands, and amending the homestead law.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That the pre-emption laws of the United States relating to the
public lands are hereby repealed: Provided, however, That such repeal shall not be
construed to embrace special statutes relating to specific reservations or tracts of
lands, which, to discharge treaty stipulations, or for other purpose separate and
distinct from the general law, are required to be sold for cash to actual settlers or
under the provisions of the laws allowing pre-emptions of the public lands.
SEC. 2. That all duly-qualified persons who, prior to the date of this act, have in
good faith and compliance with existing laws made pre-emption settlements on the
public lands subject thereto shall be entitled to perfect their entries and receive
patents under said laws. -
SEC. 3. That no person who has made, or shall hereafter make, a homestead entry
on the public lands shall be entitled to avail himself of the provisions of section
twenty-three hundred and one of the Revised Statutes of the United States until he
shall have resided upon and cultivated the land embraced in such entry for the full
period of thirty months: Provided, however, That in case of the death of a party who
has made a homestead entry, it shall be competent for his successor in interest under
the law to make entry under said section at any time thereafter.
[Report No. 1834, Forty-seventh Congress, second session.]
DECEMBER 19, 1882.-Referred to the House Calendar and ordered to be printed.
TMr. STRAIT, from the Committee on the Public Lands, submitted the following re-
port, to accompany bill H. R. 4993.
The Committee on the Public Lands, to whom was referred the bill (H. R. 4993) to repeat
the law8 allowing pre-emption of the public lands, and amending the homestead law, 8wb-
mit the following report:
The pre-emption law and the various amendments which have been made to it from
time to time were enacted for the purpose of reserving the public domain to the occu-
pation of actual settlers, and for many years was the only law under which title could
be acquired to unoffered lands.
The effect of this law throughout the entire region where the public lands were
situated was of the most beneficent character, and saved a large region of country
from being taken for the purpose of speculation. But, with the subsequent passage.
of the homestead act, there seemed to be little use for the pre-emption law, as those
who, in good faith, desired to occupy the public lands for the purpose of establishing
homes could do so to much better advantage under the provisions of the homestead.
law. And since the passage of the homestead law the pre-emption act, as a rule, has.
been “used only to be abused,” and since that time the most extensive frauds have
been committed under this law.
Your committee are informed that in many sections of the country the evasion of
law has become a regularly organized business, and that offices are opened for the
express purpose of pre-empting and selling lands located under the pre-emption law.
Men are employed and paid definite amounts to make pre-emption locations, and
agreements are made to transfer lands so acquired the moment the title vests in them.
G80 THE PRE-EMPTION ACTS.
But, beyond making such agreements in defiance of law, these locations, in many
cases, are, in every respect, fraudulent; the parties to them never making the required
improvements, and seldom going upon the land claimed. The consequence is that
this law, which was so wisely enacted, and which for a long time after its enactment
was so beneficent in its results, is now made use of almost exclusively to accomplish
results that it was enacted to prevent, to wit, the passing or transferring of the
public domain into the hands of speculators instead of reserving it for the actual
settler; and not only this, but, in too many cases, passing into the hands of dishonest
speculators, who are willing to become parties to perjury and fraud. -
With this state of things existing to so alarming an extent in all sections of the
country where there is any government land, and more especially in regions where
the land is almost entirely valuable for its timber, coupled with the fact that the
actual bona fide settler can acquire title to land for a home without money and with-
out price, there seems no good reason why the pre-emption law should longer remain
on the statute book, and your committee therefore recommend its repeal.
Your committee, in order to give effectiveness to this repeal and to prevent the
sconsummation of the same class of frauds under the home8tead act, commend the
“provision extending the time in which homestead claimants ean commute payment.
The bill under consideration extends this time from six to eighteen months. Your
committee recommend that this time be further extended to thirty months.
The question of the repeal of the pre-emption law and the amendment of the home-
stead law is not a new one, but has been repeatedly urged by the Commissioner of
#. General Land Office. In his last report, June 30, 1882, he uses the following
3D QUlabºre .
& §us to the passage of the homestead laws the pre-emption system afforded the
only means by which settlers could acquire title to unoffered lands. The wise policy
of Congress, maintained for many years, has been to withhold the public lands from
disposal at ordinary cash sale, with a view to their occupation by actual settlers, and
to prevent the appropriation of large bodies by individuals for speculative purposes.
The pre-emption system was designed to enable actual settlers to establish their homes
on the public domain, and thus to improve and build up the country.
“With the passage of the homestead act, however, the pre-emption law became of
less importance, and recent supplemental legislation having placed homestead parties
on an equal footing in all respects with pre-emptors, the special utility of the pre-
emption law for purposes of bona fide settlement on the public lands has wholly
ceased.
“Any person who could make a pre-emption entry can make a homestead entry. Any
land that can be entered under the pre-emption laws can also be entered under the
homestead laws. Under the homestead laws, also, the homestead party may pur-
chase the land entered by him within the same time, upon the same terms, and by the
same proofs as in pre-emption cases. . There is, therefore, no practical necessity for
continuing the double system in operation. A repeal of the pre-emption law would
simplify the public business and be in the interest of public economy and good ad-
‘ministration. Such repeal would, moreover, remove one of the causes of frauds in
land entries which have approached great magnitude. The correspondence of this
“office, and reports from officers and special agents, indicate that a material propor-
tion of the pre-emption entries now made are fraudulent in character, being chiefly
placed upon valuable timber or mineral lands, or water rights, and made in the in-
terest and by the procurement of others, and not for the purpose of residence and im-
provement by the professed pre-emptor.”
Your committee, believing that the remainder of the public domain should be
sacredly held for the actual settlers who are now crowding to the frontier in such
Marge numbers, and that few opportunities would be left to speculators to acquire
Tands for speculation, urgently recommend the passage of this bill.
The bill did not become a law.
Mr. Frank Hiscock, of New York, February 19, 1883, reported to the House of Repre-
sentatives, bill H. R. No. 7595, from the Committee of Appropriations, making ap-
propriations for sundry civil expenses of the Government for the fiscal year ending
June 30, 1884. It contained—lines 1706 to 1760—some almost vital (proposed) legisla-
tion in relation to the public domain. Mr. Hiscock had embraced three several propo-
sitions in the proposed repeal.
[Pages 70, 71, and 72, H. R. No. 7595, second session Forty-seventh Congress.]
“Provided, That the pre-emption laws, together with all laws authorizing the filing
of declaratory statements for entries of the public lands, by agent or attorney, be,
and the same are hereby, repealed: Provided further, That this repeal shall not affect
the disposal of lands under treaty stipulations with Indian tribes, nor be deemed to
THE PRE-EMPTION ACTs. 681
impair any legal rights heretofore acquired under the laws hereby repealed; but all
existing settlements, entries, or filings may be perfected upon proper proof of the
lawful and bona fide character of said claims and of due compliance with the pro-
visions and requirements of the laws under which such entries, settlements, or filings
were made: And provided further, That any person who has heretofore made, or may
hereafter make, a bona fide entry of public lands under the homestead laws shall have
the priviledge of paying the minimum price for the quantity of land so entered at
any time before the éxpiration of five years from the date of entry and after actual
residence, improvement, and cultivation has been maintained for a period of not less
than two and one-half years after entry; and it shall be the duty of the Commissioner
of the General Land Office to require evidence of actual compliance with the require-
ments of law in respect to settlement, residence, improvement, and cultivation, in all
cases in which title now is or may hereafter be claimed under the homestead or other
settlement or improvement laws of the United States: And provided further, That any
person applying for the benefits of the timber-culture laws shall make his entry in
person, at the proper local land office, and shall make affidavit that he is an actual
resident on the county and State or Territory in which the land is situated, and that
he has not entered into any contract or agreement to relinquish the entry he may
make, and that he has no present or prospective purpose of making any such relin-
Quishment; and the offering for sale, as a matter of traffic or speculation, of relin-
quishments of entries made under the provisions of the timber-culture laws shall be
deemed prima facie evidence that such entries were made for speculative purposes, and
not in good faith, as required by law, and such entries shall thereupon be liable to
cancellation by the Commissioner of the General Land Office, and the land covered
thereby shall be deemed subject to entry by the first legal applicant; and the first
section of the act of May fourteenth, eighteen hundred and eighty (authorizing lands
covered by relinquished claims to be held as open to settlement and entry without
further action by the Commissioner of the General Land Office), and all other acts
and parts of acts inconsistent here with are hereby repealed: And provided further,
That when a timber-culture entry shall have once been made on a tract of public land
subject to such entry and the same shall be canceled or relinquished, the land cov-
ered thereby shall thereafter be subject to entry only under the timber-culture laws,
and no patent shall be issued for such land until the requirements of said laws shall
have been fully complied with.”
OPPOSITION TO THESE MEASURES.
At once after the introduction of this bill the mails and telegraph were burdened
with letters, petitions, and messages demanding that these items be not enacted into
laws. Indignation meetings were held in some localities, and stirring resolutions
passed, denouncing the attempt of Congress to thus deprive speculators and grabbers
of the splendid chances under existing laws of fraudulently gathering in the little re-
maining agricultural lands in the West, now a remanent of a once great arable area,
the property of the nation.
The bill passed the House February 24, 1883, and went to the Senate. Remonstrances
now poured in tenfold in number; the clauses given above were stricken from the bill
by the Committee on Appropriations, and so reported to the Senate, March 1, 1883, and
then returned to the House March 2, 1883. After conference the bill became a law
March 3, 1883, without this most salutary and much needed and demanded legislation.
NEW LEGISLATION ASKED IN THE MATTER OF TIMBER-CULTURE LAWS.
The legislation recommended in relation to the timber-culture act, an act now gen-
eraly used to fraudulently acquire title, grew out of the recommendation of Mr. Com-
missioner McFarland in his annual report for 1882, wherein he says:
The period has but just commenced when the earlier entries made under the timber-
culture act can be proven up. The fraudulent proceedings at the present time under the
operations of this act are not, therefore, that legal title has actually been obtained
by unlawful methods, but that fictitious entries are initiated for the purpose of hold-
ing the land out of market and selling to others relinquishments of the right af occu-
pation so acquired.
It is alleged by numerous correspondents, and in the reports of officers and agents
of this department, that operations of this character are carried on to a very great ex-
tent, notably at the present time in Dakota, Nebraska, and Minnesota, and that as a
rule, in proportion as public surveys progress over territory subject to such entry, the
682 CHANGES NECESSARY IN EXISTING LAWS.
lands are covered with fictitious claims, and actual settlers are compelled to pay to
speculators, or persons holding the claims, a bonus for the privilege of entering the
land in a legal and proper manner under the public land laws.
THE NECESSITY FOR CHANGES IN EXISTING SETTLEMENT LAWS.
The Commissioner of the General Land Office, Hon. N. C. McFarland, in a communi-
cation of date February 12, 1883, addressed to the Hon. Thomas Ryan, M. C., Kansas,
gives the reasons for an immediate change in the pre-emption, homestead, timber-cul-
ture and desert land acts, and the timber-land act of 1878. This letter furnishes
argument for changes, and suggests remedies for the future by showing abuses and
pointing out legal methods for their prevention. The letter is given in full, as its
statements of the failure of existing laws to protect the nation were met by the pro-
posed legislation in H. R. 7595. -
DEPARTMENT of THE INTERIOR, GENERAL LAND OFFICE,
Washington, D., C., February 12, 1883.
SIR: In compliance with your request, I hand you herewith a brief statement of
the requirements of the general laws for the disposal of the public lands of the United
States. These, not including the mineral laws, are :
The pre-emption laws.
The homestead laws.
The timber-culture laws.
The desert-land laws.
The timber-land laws.
The homestead laws include the provisions for the commutation of homestead en-
tries and for the filing of soldiers' homesteads declaratory statements.
THE PRE-EMPTION LAWs.
The requirements of the pre-emption laws are settlement, inhabitancy, and improve-
ment of land by the pre-emptor, for his own use, and not for speculation, nor for the
benefit of another.
A pre-emptor has first to establish his residence on the land he wishes to enter. He
may then file a pre-emption declaratory statement, which secures to him the preference
right to acquire title to that land by inhabitancy and improving it for not less than
six months, and by then paying the minimum price for it. If the land has been
offered at public sale and is subject to private cash entry, he may purchase it, by
Virtue of his preference right, at any time within twelve months. If it is “unoffered”
land, or land not subject to “private entry,” he may have thirty-three months within
which to pay for it. If no adverse claim intervenes he may pay for it any time after
the expiration of the twelve or thirty-three months.
ABUSES.
The abuses are the evasion of the law for the speculative purposes by filing declara-
tory statements where there is no residence on the land, and the subsequent fraudu-
lent acquirement of title by false affidavit of inhabitancy and improvement.
In these fraudulent proceedings the pre-emptor is generally the tool of others who
suborn the perjury and reap the benefits of the unlawful acts they cause to be per-
formed.
The objects sought are, generally:
1. To obtain title to large quantities of land in violation of the restriction of entry
to actual settlers.
2d. To obtain valuable coal or iron lands at less than the Government price.
3d. To obtain lands that are valuable chiefly for timber.
4th. To control the ranges in grazing districts by obtaining title to valleys or to
shores of streams and water courses.
5th. To control the land under color of claim of record and hold the same for sale
on speculation.
As the actual settler can obtain title under the homestead laws without the pay-
ment of price, and as a homestead entry is more secure than a pre-emption claim
(for even the United States cannot disturb a valid homestead entry), it follows that
there is small legitimate occasion for pre-emption entries. Yet the number of pre-
emption claims keeps fully abreast with the number of homestead entries. -
A pre-emption declaratory statement may be sent to the land office by mail, or in
any other way. It is not required to be sworn to or authenticated in any manner.
The opportunity for fraud is therefore practically unlimited.
CHANGES NECESSARY IN EXISTING LAWS. 683
THE HOMESTEAD I.A.W.S.
fi The requirements of the homestead laws are settlement, residence, and cultivation
We Wear S.
in. party applying for the benefit of the homestead laws must make affidavit that
his application is made for his own use and benefit, that he makes the entry for the
purpose of actual settlement and cultivation, and not for the use or benefit of any
other person. After making such affidavit he has six months within which to estab-
lish his residence on the land. If he or some other member of his family is residing
on the land when he makes his application to enter, the affidavit may be made before
the clerk of the county court. Otherwise the affidavit can be made only before the
register or receiver.
ABUSES.
**
The abuses are the same in character under the homestead as under the pre-emp-
tion laws, and under the commutation provision, through which the land can be
purchased in the same way as by pre-emption, the abuses are of the same extent as
under the pre-emption laws. Where a fraudulent entry is made for the purpose of
illegally obtaining title to the land, it is usually commuted to cash. When made
for the purpose of controlling the land and speculating in the relinquishment, it is
not commuted.
There is no provision for filing declaratory statements under the homestead laws
except by or for soldiers and sailors. This provision is no advantage to the soldier or
sailor. It gives him six months within which to establish his residence and make
actual entry of the land. But he would have the same time without filing a declara-
tory statement, by making his application in the regular way.
Everybody, including the soldier and sailor, have the same privilege. The abuses
of the soldier's declaratory statement are that soldiers are misled by land agents and
attorneys into supposing that they have only to file a declaratory statement in order
to obtain land, and that residence is not necessary to enable them to lawfully dispose
of what they are told is their soldier's right. -
The consequence is that a great many soldiers have been and are now being de-
frauded of their money which they send to such agents and never afterwards hear of
either land or money. In other cases soldiers' discharge papers, or other evidence of
their military service, are purchased from them, generally by promises, and used for
making fraudulent filings for speculative purposes. e
In both cases the declaratory statement is sold as a matter of common traffic, and
when filed the relinquishment is offered for sale for the benefit of the speculator who
controls it. The soldier gets nothing from these proceedings. He is made a party to
a fraud without deriving any advantage from it. Actual settlers avail themselves of
the general privileges of the homestead laws without preparatory filings and without
commutation. Their difficulty is that the public lands are so largely covered by
fraudulent claims that they can usually make a bona fide homestead entry only after
buying off these claims.
THE TIMEER-CULTURE LAWS.
The requirements of the timber-culture laws are that entries shall be made for the
cultivation of timber, and for the use and benefit of the person making the entry, and
not for the benefit of any other person, and not for speculation.
Residence on the land is not required, and it is not necessary that the affidavit of entry
should be made at the land office. Applications signed anywhere in the United States.
are filed by agents or attorneys, who cause a jurat to be attached thereto, either in
their own offices or through some confederate in the land district.
Other abuses are that the land is not as a rule entered for the cultivation of timber,
lout exclusively for the purpose of speculating in the relinquishment of the entries.
A simple entry holds the land for a year. A few dollars expended in breaking five
acres the first year, keeps the entry alive for the second year. A like small expendi-
ture keeps it alive the third year. If these small expenditures are made, or are not
proven to have been made, the entry holds good. Meanwhile the relinquishment is
offered for sale. The purchaser makes, perhaps, or causes to be made, another fraudu-
lent entry, the relinquishment of which he controls until he can find a purchaser at a
profit, and the proceeding is kept up until some actual settler buys the land at a high
price and enters it under the homestead or other laws. Timber is not cultivated under
speculative timber-culture entries, and there is no way of reaching the fraud, except by
a personal inspection of the land by officers appointed for that purpose, and not then
until some years after entry, if a few acres are occasionally plowed as a pretence of
compliance with law.
THE ACT OF MAY 14, 1880.
Fraudulent entries of the public lands have always been the drawback of the pub-
lic land system, no provision for inspection ever having been made and no guards.
684 CHANGES NECESSARY IN EXISTING LAWS.
!
thrown around the different methods of disposal. But entries fraudulently made or
procured for the purpose of speculating in relinquishments, is a feature which has
developed into greater proportions under the operation of the first section of the act
of May 14, 1880. -
This section provides that when a relinquishment of a pre-emption, homestead, or
timber-culture entry is filed in the local land office, the land shall be held as open to
entry without further action by the Commissioner of the General Land Office.
Previous to the passage of this act such relinquishments were forwarded to this
office as a basis for the cancellation of the relinquished entry, and the land was not
open to another entry until the former one had been canceled.
This proceeding did not prevent the sale of relinquishments of fraudulent entries,
but was an impediment to wholesale traffic of that character, both because of the
delay involved and because the transferee of the fraudulent entry had no certainty
of securing the new entry. The relinquishment gave the purchaser no preference
right to enter the land, which was open to entry to the first legal applicant after
notice of cancellation was received at the local land office, and it was necessary for
the parties to the scheme of transferring the fraudulent entry to keep a close watch
for the receipt of the notice of cancellation in order to secure the new entry.
The first section of the act of May 14, 1880, removed all impediments to the easy
and successful consummation of this class of frauds. Under the operation of this sec-
tion the making and procurement of false, fictitious, and fraudulent filings and entries
for the sole purpose of speculating in relinquishments of such entries and filings, has
been organized into an established business of great extent. The necessary papers
are prepared and signed and attested in blank in advance of township surveys, and as
soon as the plats of survey are filed in the local land offices much of the lands in such
townships are at once covered with the bogus claims, and then the operators have
exclusive control of the land. The newspapers are filled with their advertisements
of “relinquishments for sale,” and settlers and persons seeking lands are compelled to
go to these speculators and buy off the fraudulent claims before they can make legal
settlement of entry of land so covered up and controlled.
As an example of this class of fraudulent entry and relinquishment, I inclose
here with copies of three duplicate homestead receipts, each bearing a relinquishment
dated on the same day on which the entries were made, thus conclusively proving the
fraudulent character of the transaction. These relinquishments were sold to other
parties on the 3d of the present month.
Relinquishments are always made to the United States. The last party purchasing
a relinquishment presents it at the land office simultaneously with his own applica-
tion to enter the land. This secures an exclusive right of entry to the holder of the
relinquishment, and it is this facility for which he pays, and it is the profit to be
derived from selling such facility that inspires and promotes the making of fraudulent
entries in the original instances. -
THE DESERT LAND LAWS.
Desert land entries are restricted to lands which, without irrigation, will not pro-
duce some agricultural º and the amount of land permitted to be entered by any
one person is limited to 640 acres.
The party making a desert entry pays 25 cents per acre at the time of application,
and the remaining one dollar upon making final proof of compliance with law, which
proof may be made within the period of three years. The #. are that lands not
desert in character are frequently entered, that the limitation of quantity is evaded
by collusive entries, which are afterwards assigned to the real party in interest, and
that the lands are held for various purposes of speculation, rather than for the objects
contemplated by the law.
THE TIMBER LAND LAWS.
The timber land act of 1878 applies only to the States of California, Oregon, and
Nevada, and to Washington Territory.
In other States and Territories timber lands are largely appropriated through
fraudulent pre-emption and commuted homestead entries made in the interest and
by the procurement of parties desiring to obtain the use or control of the timber.
There is no special provision for the disposal of timber lands other than the act of
1878.
The conditions of that act are that the lands shall be valuable chiefly for timber,
but unfit for cultivation; that no one person or association shall be permitted to
enter more than 160 acres; that the entry shall not be made for speculation, nor for
the benefit of any other person than the party making the entry. The applicant is
required to swear, among other things, that he has made no contract or agreement
by which the title he may receive from the United States shallinure in whole or part
to the benefit of any person except himself. These provisions are widely evaded. It
THE PRE-EMPTION ACTS. 685
is understood that large operators cause their employés and other persons to make the
necessary affidavit, enter the lands, and then convey to their employers or principals.
In this manner large tracts of timber land in California, Nevada, Oregon, and Wash-
ington Territory are controlled by single persons and firms, contrary to the intendment
of the statute. - *
Very respectfully, *
- N. C. McFARLAND,
Commissioner.
Bon. THOMAS RYAN,
Bow8e of Representatives.
FAILURE OF OFFICIAL EFFORTS TO EFFECT NECESSARY CHANGES.
The earnest efforts made by those officially charged with the administration of the
public land laws and system to effect the repeal of the pre-emption laws, and the
amendment of other settlement laws, in the interest of actual settlers, has resulted in
nothing effective, save the placing on file in the Departments, the courts, and in
Congress of a mass of evidence showing that the most glaring and unblushing frauds
are perpetrated every day by scores of men and women, and the officers of the Gov-
ernment, through the failure of legislation, are powerless to prevent or suppress
them. The pre-emption homestead and timber culture laws have become, in many
instances, a premium for perjury and a reward for dishonesty.
CIRCULAR INSTRUCTIONS RELATIVE TO ENTRIES UNDER THE PRE-
EMPTION LAWS.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., March 20, 1883.
To REGISTERS and RECEIVERS:
GENTLEMEN: You are instructed to deliver to applicants for land under the pre-
emption acts a copy of this circular, and to especially call the attention of the appli-
cant to the requirements of the law under which the application is made.
RESIDENCE OF APPLICANT.
1. The applicant must in every case state in his application his place of actual regi-
dence, and the post office address to which notices of contest or other proceedings relative
to his entry shall be sent.
SECOND FILINGS AND ENTRIES,
2. A party making a legal filing or entry under any one of the foregoing acts ex-
hausts his right under that act and cannot thereafter make another filing or entry
under said act. - -
ALTERATIONS IN APPLICATIONS.
3. Applications to amend filings or entries should be filed with the register and
receiver and be by them transmitted for the consideration of this office. Registers
and receivers will not change an entry or filing so as to describe another tract or
change a date after the same has been recorded.
RELINQUISHMENTS.
4. Entries and filings made for the purpose of holding the land for speculation and
the sale of relinquishments are illegal and fraudulent, and every effort in the power
of the Government will be exerted to prevent such frauds and to detect and punish
the perpetrators.
5. The first section of the act of May 14, 1880, provides that when a pre-emption
claimant shall file a written relinquishment of his claim in the land office, the land
covered by such claim shall be held as open to settlement and entry without further
action on the part of the Commissioner of the General Land Office. -
6. This act refers to bona fide relinquishments of bona fide entries. An entry fraud-
ulent in its inception is not an entry capable of being relinquished. It is an entry
to be canceled upon a proper showing of the facts and circumstances of the case,
whereupon the land will be some subject to proper entry by the first legal applicant.
686 THE PRE-EMPTION ACTS.
7. Purchasers of relinquishments of fraudulent filings or entries should understand
that they purchase at their own risk so far as the United States is concerned, and
must seek their own remedies under local laws against those who, by imposing such
relinquishments upon them, have obtained their money without valuable considera-
tion. *
SETTLERS ON UNSURVEYED LANDS.
8. Pre-emption settlers on unsurveyed lands are allowed three months after the filing
of the township plat of survey within which to put their claims on record. Accord-
ingly no party will be permitted to make final proof in any case until after the expira-
tion of said three months.
#. # 3. $º. 3; 36 †
TEIE PRE-EMPTION LAW.
41. The qualifications required of a pre-emptor are that he (or she) shall be a citi-
zen of the United States (or have declared an intention to become such); over twenty-
one years of age or the head of a family; an actual inhabitant of the tract claimed;
and not be the proprietor of 320 acres of land in any State or Territory.
42. A person who has removed from land of his own to reside on public land in the
same State or Territory, or who has previously exercised his pre-emption right, is not
a qualified pre-emptor.
43. Lands included in any reservation, or within the limits of an incorporated town,
or selected as the site of a city or town, or actually settled and occupied for purposes
of trade and business and not for agriculture, or on which there are any known salines
or minerals, are not subject to pre-emption.
44. If the land is surveyed, but has not been “offered,” the declaratory statement
must be filed within three months from date of settlement. If upon “offered” land,
the filing must be made within thirty days.
45. If the land is unsurveyed at the time of settlement, the declaratory statement
must be filed within three months after the date of filing the township plat in the
local office. -
46. Failure to file a declaratory statement within the time prescribed makes the
land liable to the claim of an adverse settler who does file notice of his intention at
the proper time.
47. The land-office fee for filing a declaratory statement is $2, except in the Pacific
States and Territories, where the fee is $3.
48. A pre-emption filing can be made only by an actual settler on the land. A filing
without settlement is illegal, and no rights are acquired thereby.
49. The existence of a pre-emption filing on a tract of land does not prevent another
filing to be made of the same land, subject to any valid rights acquired by virtue of
the former filing and actual settlement, if any.
50. On offered lands proof and payment must be made within twelve months from
date of settlement.
51. If the land is unoffered, proof and payment may be made within thirty-three
months from date of settlement.
52. A failure to make proof and payment as prescribed by law renders the land
subject to appropriation by the first legal applicant.
53. The requirements of actual inhabitancy and improvement must be observed as
strictly under the pre-emption law as under the homestead law.
54. Failure to inhabit and improve the land in good faith, as required by law,
renders the claim subject to contest and the entry to investigation and cancellation.
55. Final proof in pre-emption cases must be made to the satisfaction of the register
and receiver, whose decision, as in other cases, is subject to examination and review
by this office. -
56. Publication of notice to make proof is required as in homestead cases.
57. The final affidavit must be made before the register or receiver, or before the
clerk of a court of record in the county and State or Territory where the land is situ-
ated. If in an unorganized county the proof may be made in a similar manner in any
adjacent county in the same State or Territory. -
58. The pre-emptor is required to make oath that he has not previously exercised
his pre-emption right; that he is not the owner of 320 acres of land; that he has not
settled upon and improved the 19nd to sell the same on speculation, but in good faith
to appropriate it to his own exclusive use; that he has not made any contract or
agreement, directly or indirectly, in any way or manner, with any person whomso-
ever, by which the title he may acquire from the United States shall inure in whole
or in part to the benefit of any person except himself.
59. Any person swearing falsely forfeits all right to the land and to the purchase-money
paid, besides being liable to prosecution under the criminal laws of the United States,
2% #
THE PRE-EMPTION ACTS. 687.
CAUTION TO APPLICANTS,
Persons making filings or entries under the * * * pre-emption acts are cautioned
that the laws authorize entries to be made only for the use and benefit of the party
making the same, and that entries or filings are not allowed by law to be made for the
benefit of others nor for speculation, but all entries must be made in good faith and
the requirements of law must be honestly and faithfully complied with.
Very respectfully, N. C. MCFARLAND
tº Nº. 2 Commissioner.
Approved.
H. M. TELLER.
Secretary.
. See sections 2246, 5392,5393, 5440 and 5449 Revised Statutes of the United States
for oaths and penalties.. .
RELINQUISHMENTS, JOINT ENTRIES, SECOND FILINGS, AND INSANE PRE-
- EMPTORS.
Pre-emption filings may be relinquished by the claimants in writing before the reg-
ister or receiver of the proper district land office, or the relinquishment may be exe-
cuted by the claimant on the back of the declaratory statement-receipt, duly witnessed
and acknowledged in the manner requisite under the laws of the State or Territory
in which the land is situated for the transfer of real estate. After relinquishment
filed in the district land office, the tract embraced in the filing will be held subject to
the claim of any other settler, according to the first section, act of May 14, 1880. If
the receipt is lost, or from any other cause cannot be produced, the relinquishment
must be accompanied by the affidavit of the party showing the fact.
When two or more settlers on unsurveyed land are found upon survey to be residing
upon, or to have valuable improvements upon, the same smallest legal subdivision,
they may make joint entry of such tract, and separate entries of the residue of their
claims. This joint entry may be made in pursuance of contract between the parties,
or without it. (Revised Statutes, section 9274.)
Should the settler in either of the aforesaid cases die before establishing his claim
within the period limited by law, the title may be perfected by the executor, admin-
istrator, or one of the heirs, by making the requisite proof of settlement and paying
for the land, the entry to be made in the name of “the heirs” of the deceased settler,
and the patent will be issued accordingly. The legal representatives of the deceased
pre-emptor are entitled to make the entry at any time within the period during which
the pre-emptor would have been entitled to do so had he lived. -
Section 2261 of the Revised Statutes prohibits the second filing of a declaratory
statement by any pre-emptor qualified at the date of his first filing, where said filing
has been in all respects legal. Where the first filing, however, is illegal, from any
#. not the willful act of the party, he has the right to make a second and legal
Ing. -
Provision is made by act of Congress of June 8, 1880, whereby the rights of pre-
emption claimants becoming insane may be proved up, and their claims perfected by
any person duly authorized to act for them during their disability.
1. Such claims must have been initiated in full compliance with law, by persons
who were citizens, or had declared their intention to become citizens, and were in
other respects duly qualified. - &
2. The party for whose benefit the act shall be invoked must have become insane
subsequent to the initiation of his claim, and the act will not be construed to cure a
failure to comply with the law when such failure occurred prior to such insanity.
3. Claimant must have complied with the law up to the time of becoming insane,
and proof of compliance will be required to cover only the period prior to such in-
Sanity.
4. The final proof must be made by a party whose authority to act for the insane
person during such disability shall be duly 2ertified under seal of the proper probate
COUlrt. - *
Pre-emptors may, when desiring, change their filings to homestead entries. (See
“Homesteads,” herein.)
688 ENTRIES UNDER PRE-EMPTION ACTS.
PRE-EMPTIONS.
To DECEMBER 1, 1883.
Any pre-emptor can apply for and enter at any United States district land office
one quarter section of one hundred and sixty acres of public lands, also in the States
of Alabama, Mississippi, Florida, Louisiana, and Arkansas.
Entries are admitted under sections 2257 to 2288 of the Revised Statutes of the
United States, upon “offered” and “unoffered” lands, and upon any of the unsurveyed
lands belonging to the United States to which the Indian title is extinguished, although
in the case of unsurveyed lands no definite proceedings can be had as to the comple-
tion of the title until after the surveys shall have been extended and officially returned
to the district land office. -
A pre-emptor—may be heads of families, widows, or single persons over the age of
twenty-one, who are citizens of the United States, or who have declared their inten-
tion to become citizens, as required by the naturalization laws—need not be a citizen.
This does not include Indians, except such as have ceased their tribal relations and
been declared citizens by treaties or acts of Congress.
The right of pre-emption, formerly extended by act of Congress of March 3, 1853,
for one quarter section, or 160 acres, at the price of $2.50 per acre, to the alternate
United States or reserved sections along the line of railroads, is continued by the Re-
vised Statutes, sections 2257, 2559, and 2279. º:
HOW PAID FOR.
Pre-emptors in final payment for lands can use cash, military bounty land warrants,
agricultural college scrip, or private claim scrip under act of January 28, 1879.
LIST OF FORMS USED IN PRE-EMPTION ENTRIES.
Declaratory statement.
Receipt for declaratory statement, register's and receiver's.
Notice of intention to make final proof.
Notice for publication of intention to make final proof.
Certificate as to posting notice. 3.
Proof of publication of notice; affidavit of publisher or foreman of newspaper in which published.
Affidavit required of claimant.
Proof: testimony of claimant.
Proof: testimony of two witnesses taken separately.
Non-mineral affidavit of claimant.
Application, with register's certificate of payment.
Register's certificate for patent.
Record; status of case made by register and receiver.
CONTESTS.
For proceedings in case of contest, or objection to claimant proving up and paying
for his or her claim, see “Rules of Practice, General Land Office,” approved Decem-
ber 20, 1803; “Contests and Hearings,” published in addenda to Chapter VI herein.
FORMS AND BLANKS USED IN PRE-EMPTION ENTRIES.
The pre-emptor, as the first step after settlement, files, in person or otherwise, in the
district land office, where blanks are furnished free, one of the following declaratory
statements:
[No. 4–535.]
Pre-emption declaratory statement for unoffered lands.
When lands are surveyed and unoffered the pre-emptor must file this statement within three
months from settlement. Final proof must be made and land paid for within thirty-three
months from date of 8ettlement.
I, , of—, being , have, on the day of , A. D. 18—, settled
and improved the quarter of section No. , in township No. , of Tange No.

ENTRIES UNDER THE PRE-EMPTION ACTS. 689
—, in the district of lands subject to sale at the land-office at –, and containing—
acres, which land has not yet been offered at public sale, and thus rendered subject to
private entry; and I do hereby declare my intention to claim the said tract of land
as a pre-emption right under section 2259 of the Revised Statutes of the United States.
Given under my hand this — day of —, A. D. 18–.
In presence of -
[No. 4–534.]
Pre-emption declaratory statement for offered lands.
Where the lands have been offered at public sale the pre-emptor must file this statement
within thirty days from 8ettlement. Final proof must be made and land paid for within one
year from date of settlement. it, 1
I, ; of —, being —, have, since the 1st day of—, A. D. 18—, set
tled and improved the – quarter of section No. —, in township No. —, of range
No. —, in the district of lands subject to sale at the land office at—, and containing
— acres, which land had been rendered subject to private entry prior to my settlement
thereon; and I do hereby declare my intention to claim the said tract of land as a
pre-emption right, under section 2259 of the Revised Statutes of the United States.
Given under my hand this day of —, A. D. 18—. -
In presence of
PRE-EMPTORS ON UNSURVEYED LANDs.
On unsurveyed lands, settlers must file one or the other of the above statements within three
months after the township plat in which their land lies, is filed in the district land office.
[No. 4–536.]
Register and Receiver's Receipt and Notice.
$—. LAND OFFICE AT
(Date) , iss-
Mr. has this day paid dollars, the register's and receiver's fees,
to file a declaratory statement, the receipt whereof is hereby acknowledged.
, Receiver.
No. —.
Mr. having paid the fees, has this day filed in this office his declaratory
statement, No. , for —, section , township —, of range —, containing
— acres, settled upon —, 18—, being offered.
Under the provisions of the pre emption laws, the time within which final proof is
required to be made on unoffered lands expires in thirty-three months from date of
Settlement, or from date of filing of township plat in district land office in case of
settlement on unsurveyed lands, and on offered lands in twelve months from date of
settlement; and under act of March 3, 1879, notice of intention to prove up must be
given by publication in a newspaper, to be designated by the register, for a period of
thirty days, or in five consecutive issues of said paper, which notice must also contain
the names of the witnesses by whom the necessary facts will be established.
Notice is, therefore, hereby given that this pre-emption filing expires on , 188—,
after which date the tract will be subject to the claim of any other qualified party.
Very respectfully,
, Register.
. See nºte in red ink, which registers and receivers will read and explain thoroughly to persons mak-
ing application for lands where the affidavit is made before either of them.
Timber land embraged in a homestead, or other entry not consummated, may be cleared in order to
cultivate the land and improve the premises, but for no other purpose.
If, after clearing the land for cultivation, there remains more timber than is required for improve-
ment, where is no objection to the Sºttler disposing of the same. But the question whether the land is
being cleared of its timber for legitimate purposes is a question of fact which is liable to be raised at
any time. ... If the timber is cut and removed for any other purpose it will subject the entry to cancella.
tion, and the person who cut it will be liable to civil swit for recovery of the value of said timber, and
also to criminal prosecution under Section 2461 of the Revised Statutes.
PROCEEDINGS TO PERFECT TITLE BY FINAL PAYMENT AFTER EXPIRATION OF LEGAL
TIME, AS ABOVE NOTED. .
Payment for acreage can be made, provided sufficient improvements have been
made and cultivation necessary be shown, at the expiration of six months.
The pre-emptor files with the register of his district the following notice, which
notice will be published by the register in a newspaper to be by him designated as
44 L O WOL III
690 ENTRIES UNDER THE PRE-EMPTION ACTS.
nearest the land, once a week for six weeks, at the applicant's expense, a deposit being
first made:
[No. 4–348.]
Notice of intention to make final proof.
LAND OFFICE AT
- - (Date) 2 i88–.
I, -— , of —, who made pre-emption declaratory statement No. —, for
the , do hereby give notice of my intention to make final proof to estab-
lish my claim to the land above described, and that I expect to prove my residence
and cultivation before , at ? —, 188—, by two of the follow-
ing witnesses:
, of g
, of
ºmºmºmºmºmºsºme , of &
tºmºmºmºsºms , of •
(Signature of claiman t.)
LAND OFFICE AT ? -
(Date) , 188—.
Notice of the above application will be published in the , printed at ?
which I hereby designate as the newspaper published nearest the land described in
said application.
, Register.
NOTICE TO CLAIMANT.-Give time and place of proving up, and name and title of
the officer before whom proof is to be made; also, give names and post-office addresses
of four neighbors, two of whom must appear as your witnesses.
The officer then issues the following:
[No. 4–347.]
Notice for publication.
LAND OFFICE AT 9
(Date) , 188—.
Notice is hereby given that has filed notice of intention to make final
proof before , at , On — —, 188—, on homestead application
No. — (or pre-emption declaratory statement No. —), for the te
He names as witnesses —— , of , and , of
, Register.
NOTE.—This notice must also be posted in a conspicuous place in the land office for
a period of thirty days prior to date of final proof.
Pre-emptor or homestead applicant may join in one notice for publication.
[No. 4—3474.]
CONSOLIDATED NOTICE FOR PUBLICATION.
LAND OFFICE AT y
(Date) , 188–.
Notice is hereby given that the following named settlers have filed notice of inten-
tion to make final proof on their respective claims before , at , On
—, 188—, viz:
, on homestead application No. —, for the – —.
Witnesses: , of , and , of —.
, on pre-emption declaratory statement No. —, for the ---,
Witnesses: - - , of and n+
7
3 **
— ---, Register.
ENTRIES UNDER THE PRE-EMPTION ACTs. 691.
[No. 4–227.]
CERTIFICATE AS TO THE POSTING OF NOTICE.
LAND OFFICE AT- y
(Date) —, 18—.
I, , register, do hereby certify that a notice, a printed copy of which
is hereto attached, was by me posted in a conspicuous place in my office for a period
of thirty days, I having first posted said notice on the – day of —, 188−.
-- , Register.
NOTE.-Proof of publication must be filed with final papers.
• [No. 4–061.] >
AFFIDAVIT REQUIRED OF PRE-EMPTION CLAIMANT OR APPLICANT.
May be made before register or receiver or clerk of court of record.
I, - , claiming the right of pre-emption, under section 2259 of the
Revised Statutes of the United States, to the – of section No. , of township
No. —, of range No. —, subject to sale at —, do solemnly — that I have never
had the benefit of any right of pre-emption under said section; that I am not the .
owner of 320 acres of land in any State or Territory of the United States, nor have
I settled upon and improved said land to sell the same on speculation, but in good
faith to appropriate it to my own exclusive use or benefit; and that I have not,
directly or indirectly, made any agreement or contract, in any way or manner, with
any person or persons whomsoever, by which the title which I may acquire from the
Government of the United States should inure, in whole or in part, to the benefit of
any person except myself. .
9.
I, - , of the land office at —, do hereby certify that the above affidavit
was subscribed and sworn to before me this —F day of —, A. D. 188–.
&
[No. 4–375.]
*PRE-EMPTION PROOF.
TESTIMONY OF CLAIMANT © R APPLICANT.
Maj be made before register or receiver or clerk of court of record.
, being called as a witness in — own behalf in support of — pre-
emption claim to the –, testifies as follows: .
Question 1. What is your name? (Be careful to give it in full, correctly spelled, in
order that it may be here written exactly as you wish it written in the patent which
you desire to obtain.) * - -
Answer. —.
Ques. 2. What is your age?
Ans. –.
Ques. 3. Are you the head of a family, or a single person; and, if the head of a
family, of whom does your family consist?
Ans. –.
Ques. 4. Are you a native-born citizen of the United States? If not, have you de-
clared your intention to become a citizen, and have you obtained a certificate of nat-
uralization? “
Ans. –.
Ques. 5. Is the land embraced in your pre-emption claim, above described, included
within the liº, its of an incorporated town; or has it been selected as the site of a city
or town, and actually settled and occupied for purposes of trade and business?
AnS. —
ues. 6. Are there any indications of coal, salines, or minerals of any kind on this
land? (If so, state what they are, and whether the springs or mineral deposits are
valuable.) -
InS. –. -
Ques. 7. Is the land more valuable for agricultural than mineral purposes?
Il S. —
A ſº
Ques. 8. What is your post-office address?
8. —.
*In case the party has been naturalized, or has only declared his intention to become a citizen, a cer-
#: § of his certificate of haturalization or declaration of intention, as the case may be, must be
TITIRIS 1601, - -
692 ENTRIES UNDER THE PRE-EMPTION ACTs.
3. 9. Are you the owner of 320 acres of land in any State or Territory?
LlS. –.
Ques. 10. Have you left or abandoned a residence on land of your own in this -—
to Ride upon the land above described ?
DS. –.
Ques. 11. Have you ever filed a pre-emption declaratory statement for other land
than that above described? (If so, give, as nearly as you can, the date thereof and
description of the land.)
Ans. –.
Ques. 12. Have you heretofore made a pre-emption entry?
Ans. –.
Ques. 13. Have you settled upon and improved the land for which you now apply
to sell the same on speculation?
Ans. –.
Ques. 14. Have you given any mortgage on this land, and have you made any agree-
ment to sell the same 3
Ans. –. r
Ques. 15. When did you make settlement on the land, and what constituted your
first act of settlement 3
Ans. –.
. . Ques. 16. What improvements, if any, were on the land at date of your settlement?
(i.any, state who owned them, and whether they now belong to you.)
IlS. –
Ques. 17. What improvements have you made on this land subsequent to your first
act of settlement? (Describe them, and state the total value of the improvements
owned by you thereon.)
Ans. –.
$. 18. When did you first establish your residence upon the land?
DS. -.
º 19. Have you resided upon the land ever since #
IlS. –
Ques. 20. What use have you madºr the land 3
Ans. –. º
Ques. 21. How much of the land, if any, has been broken and cultivated since your
Settlement 3
Ans. –. ./ & $.
I hereby certify that each question and answer in the foregoing testimony was read
to the claimant before signed —e name thereto, and that the same was subscribed
and sworn to before me this day of —, 188—. *
2
NOTE.-The officer before whom the testimony is taken should call the attention of
the witness to the following section of the Revised Statutes, and state to him that it
is the purpose of the Government, if it be ascertained that he testifies falsely, to pros-
ecute him to the full extent of the law.
TITLE LXX.—CRIMES..—CH. 4.
SEC. 5392. Every person who, having taken an oath before a competent tribunal,
officer, or person, in any case in which a law of the United States authorizes an oath
to be administered, that he will testify, declare, depose, or certify truly, or that any
written testimony, declaration, deposition, or certificate by him subscribed is true, will-
fully and contrary to such oath states or subscribes any material matter which he does
not believe to be true, is guilty of perjury, and shall be punished by a fine of not more
than two thousand dollars, and by imprisonment, at hard labor, not more than five
years, and shall, moreover, thereafter, be incapable of giving testimony in any court
of the United States until such time as the judgment against him is reversed. (See
sec. 1750.)
[No. 4–374.] .*.
(The testimony of two witnesses, in this form, taken separately, required in each case.)
PRE-EMPTION PROOF.
TESTIMONY OF WITNESS.
May be made before register or receiver or clerk of court of record.
, being called as a witness in support of the pre-emption claim of
to the , testifies as follows: -
Question 1. What is your post-office address?
Answer. e
ENTRIES UNDER THE PRE-EMPTION ACTS. 693
Ques. 2 What is your occupation?
Ans. –.
Ques. 3. Are you well acquainted with , the claimant in this case, and
how long have you known —? -
Ans. –. h
Ques. 4. How old do you know or believe claimant to be?
Ans. –
Ques. 5. is claimant the head of a family, or a single person; and, if the head of a
family, of whom does the family consist? a
Ans. –. - #
Ques. 6. Is claimant a native-born citizen of the United States? (If not, state, if
sº can, what steps — has taken to be naturalized.)
IłS. –. -
Ques. 7. Are you acquainted with the land above described?
Ans. º
Ques. 8. Do you live in the vicinity of the land?
Ans. –
Ques. 9. Is this land within the limits of an incorporated town, or has it been se-
lected as the site of a city or town, and actually settled and occupied for purposes of
trade and business?
Ans. –.
Ques. 10. Are there any indications of coal, salines, or minerals of any kind on this
land 3 (If so, state what they are, and whether the springs or mineral deposits are
valuable.)
AmS. —. :
Ques. 11. Is the land more valuable for agricultural than mineral purposes?
Ans. –.
Ques. 12. Is the claimant the owner of 320 acres of land in any State or Territory?
(State your knowledge in this regard.) º º
Ans. –.
Ques. 13. Has the claimant left or abandoned a residence on land of — own in
this — to reside upon the land above described ? (State your knowledge in this
regard?
Ans. –.
Ques. 14. Has the claimant ever filed a pre-emption declaratory statement for other
land than that above described, or has -— heretofore made a pre-emption entry 3
(State your knowledge in this regard.)
S. –
Ques. 15. Do you know whether the claimant has given any mortgage on this land,
or made any agreement to sell the same? (State your knowledge in this regard.)
Ans. –. -
, Ques. 16. When did claimant first make settlement on the land, and what consti-
tuted his first act of settlement?
Ans. –,
Ques. 17. What improvements does the claimant possess on the land, and what is
the value of the same?
Ans. –.
Ques. 18. When did claimant first establish a residence upon the land?
Ans. –.
Ques. 19. Has claimant resided upon the land continuously ever since #
Ans. –.
Ques. 20. For what purpose has the land been used by claimant?
Ams. –.
Ques. 21. How much of the said land, if any, has been broken and cultivated since
the claimant made settlement thereon?
Ans. –.
Ques. 22. Is it your belief that has acted in good faith in the settle-
ment and improvement of the said land under the pre-emption laws? Have you any
knowledge to the contrary?
Ans. –.
Ques. 23. Are you interested in this claim?
S. —.
I hereby certify that witness is a person of respectability; that each question
and answer in the foregoing testimony was read to — before — signed — name
thereto, and that the same was subscribed and sworn to before me this ---- day of
?
NOTE.—The officer before whom the testimony is taken should call the attention of
the witness to the following section of the Revised Statutes, and state to him that it
694 ENTRIES UNDER THE PRE-EMPTION ACTs.
is the purpose of the Government, if it be ascertained that he testifies falsely, to
prosecute him to the full extent of the law:
TITLE LXX.—CRIMES.—CH. 4.
SEC. 5392. Every person who, having taken an oath before a competent tribunal,
officer, or person, in any case in which a law of the United States authorizes an oath
to be administered, that he will testify, declare, depose, or certify truly, or that any
written testimony, declaration, deposition, or certificate by him subscribed is true,
willfully and contrary to such oath states or subscribes any material matter which he
does not believe to be true, is guilty of perjury, and shall be punished by a fine of
not more than two thousand dollars, and by imprisonment, at hard labor, not more
than five years, and shall, moreover, thereafter, be incapable of giving testimony in
any court of the United States until such time as the judgment against him is re-
versed. (See sec. 1750.) -
NON-MLNERAL AFFIDAVIT.
The claimant or applicant now files a
Non-mineral affidavit.
COUNTY OF ?
of , 88:
, being duly sworn according to law, deposes and says that he is the
identical who is an applicant for Government title to the ; that he is
well acquainted with the character of said described land, and with each and every
legal subdivision thereof, having frequently passed over the same; that his knowledge
of said land is such as to enable him to testify understandingly with regard thereto;
that there is not, to his knowledge, within the limits thereof, any vein or lode of
quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, or copper, or -
any deposit of coal; that there is not within the limits of said land, to his knowledge,
any placer, cement, gravel, or other valuable mineral deposit; that no portion of said
land is claimed for mining purposes under the local customs or rules of miners or other-
wise; that no portion of said land is worked for mineral during any part of the year
by any person or persons; that said land is essentially non-mineral land, and that his
application therefor is not made for the purpose of fraudulently obtaining title to
mineral land, but with the object of securing said land for agricultural purposes.
Subscribed and sworn to before me this — day of , A. D. 188—, and I hereby
certify that the foregoing affidavit was read to the said previous to his
name being subscribed thereto; and that deponent is a respectable person to whose
affidavit full faith and credit should be given.
-*mºm -
•
APPLICATION.
The claimant now signs the following application, which is certified to by the
register and filed with the receiver:
No.—. LAND OFFICE AT 9
(Date) - —, 188—.
I, , of County, , do hereby apply to purchase the
section , in township —, of range —, containing acres according to the
returns of the surveyor-general, for which I have agreed with the register to give at
the rate of — per acre.
I, - , register of the land office at , do hereby certify that the lot
above described contains — acres, as mentioned above, and that the price agreed
upon is — per acre.
, Register.
RECEIVER'S RECEIPT FOR PAYMENT.
(Issued in duplicate).
The receiver then issues the following:
No. —. * RECEIVER'S OFFICE AT y
(Date) —, 188—.
Received from 5 County, , the sum of — dollars and
— cents; being in full for the – quarter of section No. —, in township No. —,
of range No. —, containing — acres and — hundredths, at $– per acre.
-*—, Register.
ENTRIES UNDER THE PRE-EMPTION ACTS. 695
REGISTER’s CERTIFICATE FOR PATENT.
(See title “Patents,” below.)
The register now issues to the claimant a certificate for patent.
No. —.] LAND OFFICE AT 5
(Date) —— —, 188—.
It is hereby certified that, in pursuance of law, j dounty, State
Of , on this day purchased of the register of this office the lot or — of section
No. —, in township No. —, of range No. —, containing — acres, at the rate of —
dollar and — cents per acre, amounting to dollars and — cents, for which
the said has made payment in full as required by law.
Now, therefore, be it known that, on presentation of this certificate to the Com-
missioner of the General Land Office, the said shall be entitled to receive
a patent for the lot above described,
2 Register.
RECORD OR STATUS OF EACH CASE.
The register and receiver will make for each and every case a record or brief of each
pre-emption case, which is filed and returned with each case.
PECORD FILED WITH THE CASE.
(To be used in all cases of pre-emption entry.)
|UNITED STATES LAND OFFICE AT
(Date) —, 18–.
In the matter of the pre-emption claim of to
Declaratory statement No. —, for , filed on the – day of , 188—, al-
, 188—, and reported in the -— offered
leging settlement on the – day of
series.
Plat of survey filed in this office on the – day of ——, 188—.
There are no adverse claims of record except e
REMARKS.
Under this head, if the land is within the limits of a railroad grant, the date of
withdrawal should be given; and if the land has been returned by the surveyor-gen-
eral or withdrawn by order of the Commissioner as mineral, the fact should be noted.
, Register.
—— , Receiver.
PATENTS.
[From circular of General Land Office, October 1, 1880.]
Parties interested in the issue of pre-emption and other patents are further advised
that, in a decision of the honorable Assistant Secretary of the Interior, of July 27,
1880, in the case of Horace Whitaker ex rel. Nathan H. Garretson v. The Southern
Pacific Railroad Company and Wesley M. Slater, the following instructions are pro-
mulgated:
* * * “I think it is not a correct practice to issue a pre-emption patent to an
assignee in any case. The law as to the issuance of patents is well stated in the case
of McGarrahan v. New Idria Co. (49 Cal., 335), thus: “Neither the President, however,
nor any officer, has other power “ “ ” to sign or to cause the seal of the Land
(Office to be affixed to patents than such as is conferred by statute of the United
States.” (See also, Stoddard v. Chambers, 2 How., 318; McGarrahan v. Mining Co.,
supra; sections 456 and 453 of the Revised Statutes; and act of June 19, 1878, 20 Stat.,
183.) I find nothing in the pre-emption law requiring the issuance of patents to assignees
of pre-emptors, and the labor of examining into assignments ought not to be assumed
by your office, to say nothing of the evils that may result from issuing patents to as-
signees in pre-emption cases. The same doctrine applies to all cases of the issuance
of patents except where the statutes expressly recognize the right of an assignee to
take patent in his own name.” -
696 SALINE LANDS.
t
SALINE LANDS.
To JUNE 30, 1882.
[See Chapter XI, pages 217, 218, and 1247.]
No changes since Jure 30, 1880.
[Official Circular.]
SALINE LANDS-HOW RENDERED SUBJECT TO DISPOSAL.
IN EFFECT DECEMBER 1, 1883.
* * 36. +6. # † *
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, October 1, 1880.
The act of Congress of January 12, 1877, provides a mode of proceeding by which
public lands indicated, by the filed notes of survey or otherwise, to be saline in char-
acter may be rendered subject to disposal.
Should prima facie evidence that certain tracts are saline in character be filed With
the register and receiver of the proper land district, they will designate a time for a
hearing at their office, and give notice to all parties in interest, in order that they
may have ample opportunity to be present with their witnesses.
At the bearing the witnesses will be thoroughly examined with regard to the true
character of the land, and whether the same contains any known mines of gold silver,
cinnabar, lead, tin, copper, or other valuable mineral deposit, or any deposit of coal.
The witnesses will also be exalained in regard to the extent of the saline deposits
upon the given tracts, and whether the same are claimed by any person; if so, the
names of the claimants and the extent of their improvements must be shown.
The testimony should also show the agricultural capacities of the land, what kind
of crops, if any, have been raised thereon, and the value thereof. The testimony
should be as full and complete as possible, and, in addition to the leading points in-
dicated above, everything of importance bearing upon the question of the character
of the land should be elicited at the hearing. wº. -
The register and receiver will transmit the testimony to this office with their joint
opinion thereon. When the case coines before this office, such a decision will be ren-
dered in regard to the character of the land as the law and the facts may warrant.
Should the given tracts be adjudged agricultural, they will be subject to disposal
as such. Should the tracts be adjudged saline lands, the register and receiver will be
instructed to offer the same for sale, after public notice, at the local land office of the
district in which the same shall be situated, and to sell said tract or tracts to the
highest bidder for cash, at a price not less than $1.25 per acre. !
In case said lands fail to sell when so offered, the same will be subject to private
sale at such land office for cash, at a price not less than $1.25 per acre, in the same
manner as other public lands are sold, and already indicated herein.
The provisions of this act do not apply to any lands within the Territories, nor to
any within the States of Mississippi, Louisiana, Florida, California, and Nevada,
none of which have had a grant of salines by act of Congress. 3% *
SWAMP AND OVERIFLOWED LANDS.
[See Chapter XII, pages 219 to 222, inclusive, and 1248.]
To JUNE 30, 1882.
Total acres selected from date of first law to June 30, 1882, 70,006,769.41.
The Commissioner of the General Land Office, in his report for 1882, says:
An increasing demand is being made by the States to which the swamp-land grant
applies, and their grantees, for a final adjustment of the claims arising thereunder.
The principal cause for this demand is found in the fact that the public lands are be-
ing rapidly exhausted, and parties are seeking swamp lands as an investment, and in
many cases settlers are purchasing them from the States and reclaiming them for
homes. It is a well-known fact that thousands of acres of land that were so swampy
or overflowed at the date of the principal grant (September 28, 1850) as to be thereby
rendered unfit for cultivation, have since been reclaimed, and are now among the
Imost valuable lands for agricultural purposes found in our country.
Again, the special appropriations by Congress for three years past for this work
- - ->
ir; infºrzººf, tº reras 42n + +h air alr, irºn c + nr.
have contributed iargely io stillıulate the parties in interest to present their claims for
SWAMP AND OVERFLOWED LANDS.
697
settlement; as prior to such appropriations this office labored under great embarrass-
ment in prosecuting the work, especially that portion arisin
of March 2, 1835, as extended by act of March 3, 1857.
SWAMP LANDS SELECTED BY STATES TO JUNE 30, 1882.
g under the indemnity act
Statement exhibiting the quantity of land selected for the 8everal States under acts of Congress
approved March 2, 1849, September 28, 1850 (Revised Statutes of the United States, 8ection
2479), and March 12, 1860 (IRevised Statutes of the
and ending June 30, 1882.
United States, 8ection 2490), up to


&H § { &#- $- b0 . Q
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- & – 5:33 § 2; 5:33 P. c-f 3 :
States. B 36 3 : 3 * 33 .5 :
- E3 º 33 r: a bſ
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# E • g 3 * : 5 3 o
sy-4 QP
8- É ºr. 3. $4"> É
Alcreg Acres Acres. Acres. Alcres Acres.
Alabama------------------|------------|------------|------------|------------|------------ 479, 514. 44
Arkansas ---------------- ------------|-----. - - - - - i • * * * * - - - - - - - I - - - - - - - - - - - - I - - - - - - - - - - - - 8,652, 472.93
California. ---------------. 1,401. 40 | 20,021. 75 |. -----------|------------ 21,423. 15 1,757, 856. 02
Florida. -------------------|------------|------------ s me sº a sm * * * * * * * 1 s as sº e º ºs e º 'º ºr e > - - - - - 15, 656, 859. 23
Illinois -------------------|------------|------------ 170, 190. 64 |-----------. 170, 190. 64 || 3,437,661. 29
Indiana-------------------|------------|------------|-----------|------------|------------ 1, 354,732. 50
Iowa ---------------------|----. ----|------------|------------|------------------------ 3,449, 720. 18
Louisiana (act of 1849) -- | 13,890.92 ||------------|------------|------------ 13, 890.92 10,893, 992. 71
Louisiana (act of 1830). ---|------------|-----------|------------|------------|------------ 554, 084.24
Michigan ------, ---------. - - - - * * * * * * * * * *s e - - - - - - e = * * * * * * * * 1 s - - - - a s = * * : * * * * * * * * * * * 7, 273, 844. 72
Minnesota ---------------- 29,894.84 || 35, 194.86 3,433.26 7,666.67 76, 189.63 3,910, 341.93
Mississippi-------------. ------------|------------|-------- - - - - I s = - - - - - - - as e º i - - - - - - sº º s ºn a - 3,070,645. 29
Missouri------------------------------|------------|------------|------------|------------ 4,719, 256.00
Ohio ----------------------|------------|------------|------------|-----------|------------ 54,458. 14
Oregon -----------------|------------|------------|------------|------------|-----------. 174,205.92
Wisconsin ---------------. 366, 338.02 |...... ------|- s sº as s • * * * * * * i e se m = - - - as as e tº s 366, 338.02 || 4, 567, 123.87
Total ----...- - - - - - - - || 411, 525. 18 55,216. 61 || 173, 623.90 7,666.67 648, 032. 36 || 70, 006, 769.41
(SWAMP AND OVERFLOWED LANDS APPROVED, 55,769,172.03 ACRES.)
Statement eachibiting the quantity of land approved to the several States wmder acts of Con-
gress approved March 2, 1849, September 28, 1850 (IRevised Statutes of the United States,
section 2749), and March 12, 1860 (IRevised Statutes of the United States, section 2490),
up to and ending June 30, 1882.

<}_{ $4 <!-- H GD
: 3 C 3 #: 3
# § . § 3. cºi : 33 "E is
3 - £3 §§ 53 ET. §§
States. r; Q *H º, OO *{ a $2 3 #:
alſº º cºr- rºj = co a bº
rº; <--> ‘s --> º 3 Ç * 64-
# gº # | 3 | #3 | #8
H £r. H 3. $4° H
Acres. Acres Acres Alcres Acres Acres.
Alabama.-----------------------------|------------|------------|------------|--------- 400, 434.78
Arkansas -----------------|------------| ------ 92.70 3,960. 97 4,053. 67 || 7, 638,944. 41
California.---------------. 1,401. 40 || 30,021. 75 |------------|--|- ------ 31, 423. 15 1,623, 824. 34
Florida ------------------------------. 11, 163. 69 i------------ 42, 961.00 54, 124.69 14, 900, 917. 51
Illinois -------------------|------------|------------|------------ 120.00 120.00 1,493, 179.43
Indiana-------------------|------ . 1.-----------|------------|------------|----- ------ 1, 264,833. 13
Iowa------ - - - ---------. 80.00 ------------|------------|- - - - - - - - - - 80. 00 925, 293. 30
Louisiana (act of 1849). -- . 19, 802.70 |-----------. 46,229.37 13,890. 92 || 79,922.90 8,418, 192. 15
Louisiana (act of 1850)----|------------|------------ 1,629, 24 |.----------. 1,629. 24 243,689. 13
Michigan -----------------|------------ 160.00 120.00 l-----------. 280. 00 5, 722, 174.73
Minnesota ----------------|------------ 1, 349, 31 |------------|------------ 1,349.31 2,243,964.90
Mississippi---------------|------------|------------|-----------|------------|----------- 3,068,642. 31
Missouri.----------------- 11. 62 -----------. 2, 154.91 |------------ 2, 166. 53 4,457, 370.29
hio ----------------------|------------|------------|------------|------------|- - - - - - - - - - - - 25, 660.71
Oregon ------------------|------------ • * * * * - - - - - - , º ºs º º cº- +- - - - - * * 20, 160.65 20, 160.65 25, 821.50
Wisconsin ----------...--. 143,829. 66 || 32, 680.00 |. - - - - - - - - - - - - - - - - - - - - - 176, 510. 17 | 3,316,229.41
Total ------------ ... 165,125.38 75,375, 26 50,226.22 81,093. 54 371, 820.40 55,769, 172.03
*
698 swamP AND OVERFLOWED LANDs.
(SWAMP LANDS PATENTED, 53,877,356.36 ACRES.)
Statement exhibiting the quantity of land patented to the several States under acts of Con
gress approved September 28, 1850 (Revised Statutes of the United States, section 2479),
act of March 12, 1860 (Revised Statutes of the United States, section 2490), and also the
quantity certified to the State of Louisiana, under act approved March 2, 1849. -

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3 5 .: 3 35 3
H F. Gr CA P+ H
Acres. Acres. Acres. Alcres. Acres Acres.
Alabama------------------|------------|------------|------------|------------|------------ 395, 315.09
Arkansas -----------------|------------|------------|------------|------------------------ 7, 130,766. 32
California-----------------|------------ 1,561.40 |------------|------------ 1,561.40 | 1,415, 115. 11
Florida -------------------|------------ 70,084.08 ||-----------. 43,951. 51 114,035. 59 jºiá, 849,220.56
Illinois--------------------|------------|------------|------------ 71. 71.59 | #1,454,828.03
Indiana -------------------|------------|------------------------|------------|------------ f1,257, 588.41
Iowa---------------------. 80. 0 40.00 40.00 1------------ 160.00 || $1,175, 631.80
Louisiana (act of 1849)....| 19, 802.70 ||----...----- 46,229.37 13,890.92 || 79,922.99 8,418, 192.15
Louisiana (act of 1850)----|------------|------------|------------|------------|------------ 217,973.91
Michigan ----------------. 360.85 ------------ 80.00 ------------ 440.85 || ||5,659, 817. 99
Minnesota ----------------|------------|------------ 172,408.24 || 67,054.85 239,463. 09 2,231,708.08
Mississippi.--------------|------------ 173,536.01 | 187, 367. 85 ||------------ 360,903. 86 3,042,287.02
Missouri------------------|-----------------------. 4,838.48 3, 294.76 8, 133. 24 || ||3,339, 999. 30
Ohio ----------------------|------------|------------|------------|------------|----, ------ 25, 640, 71
Oregon -------------------|------------|------------|------------ 20, 160.65 20, 160.65 24, 610. 19
Wisconsin ----------------|------------ 167,202.08 |.-----------|-----------. 167,202.08 |**3, 238,661.69
Total --------------. 20,243.55 412,423.57 || 410,963.94 || 148,424.28 |992,055.34 53,877,356.36
* 50,144.15 acres of this contained in indemnity patents under act of March 2, 1855.
f 2,309.07 acres of this contained in indemnity patents under act of March 2, 1855.
4,880.20 acres of this contained in indemnity patents under act of March 2, 1855.
321,468.23 acres of this contained in indemnity patents under act of March 2, 1855.
|| 18,903.93 acres of this contained in indemnity patents under act of March 2, 1855.
iſ 43,700.64 acres of this contained in indemnity patents under act of March 2, 1855.
** 34,910.75 acres of this contained in indemnity patents under act of March 2, 1855.
UNITED STATES SWAMP LAND LAWS.
IN EFFECT DECEMBER 1, 1883.
Owing to the large interests involved and the possibilities of litigation growing out
of alleged frauds in obtaining title to swamp lands from the United States, and also
on account of its historical value, the following circular is given in full:
REGULATIONS AND DECISIONS THEREUNDER.
GENERAL LAND OFFICE, April 18, 1882.
As soon as practicable after the passage of the swamp land grant of September 28,
1850, viz, on the 21st November, 1850, the Commissioner transmitted to the governors
of the respective States to which the grant applied copies of office circular setting
forth the provisions of said act, giving instructions thereunder, and allowing the
States to elect which of two methods they would adopt for the purpose of designating
the swamp lands, viz:
1st. The field-notes of Government survey could be taken as the basis for selections,
and all lands shown by them to be swamp or overflowed within the meaning of the act,
*'. were otherwise vacant and unappropriated September 28, 1850, would pass to
the States.
2d. The States could select the lands by their own agents and report the same to
the United States surveyor-general with proof as to the character of the same.
The following States elected to make the field-notes of survey the basis for deter-
mining what lands passed to them under the grant, viz: Michigan, Minnesota, and
Wisconsin.
The authorities of the following States elected to make their selections by their
own agents and present proof that the lands selected were of the character contem-
plated by the swamp grant, viz: Alabama, Arkansas, Florida, Illinois, Indiana, Iowa,
Mississippi, Missouri, Ohio, and Oregon.
The authorities of California did not adopt either method, and the passage of the
act of July 23, 1866, rendered such action on their part unnecessary.
SWAMP AND OVERFLOWED LANDS. 699
In Louisiana the selections under the grant of March 2, 1849, forming the bulk of
the selections in said State, are made in accordance with the terms of said act by
deputy surveyors, under the direction of the United States surveyor-general, at the
expense of the State. Lands claimed under the act of September 28, 1850, are selected
by agents of the State, and proof of the character of the land is furnished.
All lands properly selected and reported to this office as Swamp are placed of record
in books especially prepared for that purpose. Thereafter the selections are compared
with the other records of the office, and lists of such lands as are shown to be swamp
or overflowed within the meaning of the act and that are otherwise free from conflict
are made out by this office and are submitted to the Secretary of Interior with the
recommendation that the same be approved.
When the lists have been approved by the Secretary and returned to this office
duplicate copies of the same are made out, one of which is transmitted to the governor
of the State, with the statement that on receipt of his request patent will issue to the
State for the lands. The other list is transmitted to the register and receiver of the
land office in which the lands are situated, and they are requested to examine the same
with the records of their office and report any conflicts found.
Upon receipt of reply to the letters of this office as above patents issue to the State
for all the lands embraced in said lists, so far as they are free from conflict. -
Under the provisions of the act of March 2, 1849, granting swamp lands to the Stat
of Louisiana, a certified copy of the list approved by the Secretary of the Interior,
transmitted to the governor, has the force and effect of a patent.
The “list’” referred to in section 2 of the act of September 28, 1850, is held to be
the copy of the list approved by the Secretary of the Interior sent to the governor,
upon which his request for patent is based.
The following are the swamp land laws, regulations, and decisions:
AN ACT to aid the State of Louisiana in draining the swamp lands therein. March 2, 1849,
Be it enacted by the Senate and House of Representatives of the United States flºp. 352, ch.
of America in Congress assembled, That to aid the State of Louisiana in , Certain swamp
constructing the necessary levees and drains to reclaim the swamp and gº º: to
overflowed lands therein, the whole of those swamp and overflowed ...” “ Louisi-
lands, which may be or are found unfit for cultivation, shall be, and the
same are hereby, granted to that State. -
SEC. 2. And be it further enacted, That as soon as the Secretary of the Hºw said lands
Treasury shall be advised, by the governor of Louisiana, that that State ****
has made the necessary preparation to defray the expenses thereof, he
shall cause a personal examination to be made under the direction of
the surveyor-general thereof, by experienced and faithful deputies, of
all the swamp lands therein which are subject to overflow and unfit for
cultivation; and a list of the same to be made out and certified by the
deputies and surveyor-general, to the Secretary of the Treasury, who
shall approve the same, so far as they are not claimed or held by indi-
viduals, and on that approval, the fee simple to said lands shall vest
in the said State of Louisiana, subject to the disposal of the legislature
thereof: Provided, however, That the proceeds of said lands shall be ap-, Proceeds of
plied exclusively, as far as necessary, to the construction of the levees ; how to be
and drains aforesaid. - - applied.
SEC. 3. And be it further enacted, That in making out a list of these . How selection
swamp lands, subject to overflºw and unfit for ultivation, all legalººn. ...”.
subdivisions, the greater part of which is of that character, shall bein-...","...º.º.
cluded in said list; but when the greater part of a subdivision is not is swamp ſand.
of that character, the whole of it shall be excluded therefrom: Provided,
however, That the provisions of this act shall not apply to any lands
fronting on rivers, creeks, bayous, water courses, &c., which have been
surveyed into lots or tracts under the acts of third March, eighteen hun-
dred and eleven, and twenty-fourth May, eighteen hundred and twenty-
four: And provided further, That the United States shall in no manner, Proviso as to
be held liable for any expense incurred in selecting these lands and lººd on bayous,
making out the lists thereof, or for making any surveys that may be “”
required to carry out the provisions of this act. -
Approved March 2, 1849.
AN ACT to enable the State of Arkansas and other, States to reclaim the “swamp Sept. 28, 1850
lands' within their iimits. 9 Štát., p. 319, ch.
xxiv.
Be it enacted by the Senate and House of Representatives of the United *š. and
States of America in Congress assembled, That to enable the Štate of Arloºd lº
kansas to construct the neceesary levees and drains to reclaim the unfit for cultiva-
swamp and overflowed lands therein, the whole of those swamp and tiº, ºnted to
overflowed lands, made unfit thereby for cultivation which shall re- Arkansas.
700 SWAMP AND OVERFLOWED LANDS.
main unsold at the passage of this act, shall be, and the same are here-
by, granted to said State.
Secretary of In- SEC. 2. And be it further enacted, That it shall be the duty of the Sec-
teliº. to , make retary of the Interior, as soon as may be practicable after the passage
º: i.P. of this act, to make out an accurate list and plats of the lands described
¥hen j as aforesaid, and transmit the same to the governor of the State of Ar-
to grant a patent kansas, and, at the request of said governor, cause a patent to be issued
Yesting the same to the State therefor; and on that patent, the fee simple to said lands
*...* “shall vest in the said State of Arkansas, subject to the disposal of the
Proviso. legislature thereof: Provided, however, That the proceeds of said lands,
whether from sale or by direct appropriation in kind, shall be applied,
exclusively, so far as necessary, to the purpose of reclaiming said lands
by means of the levees and drains aforesaid.
When the great. SEC. 3. And be it further enacted, That in making out a list and plats
er part of a sup; of the land aforesaid, all legal subdivisions, the greater part of which
§ºis “wet and unfit for cultivation,” shall be included in said list and
jail". i.i.e. plats; but when the greater part of a subdivision is not of that char-
in said plats; if acter, the whole of it shall be excluded therefrom.
the greater part SEC. 4. And be it further enacted, That the provisions of this act be ex-
**i. jºi tended to, and their benefits be conferred upon, each of the other States :
jëi.” of the Union in which such swamp and overflowed lands, known as
designated as aforesaid, may be situated.
Approved September 28, 1850.
CONSTRUCTION OF ACTS OF 1849 AND 1850.
Swamp grant a . The grant of swamp lands, under acts of March 2, 1849, and Sep-
grant in presenti. tember 28, 1850, is a grant in presenti. See United States Supreme
Court decisions, Railroad Company vs. Fremont County (9 Wallace,89);
Railroad Company v8. Smith (id., 95): Martin v8. Marks (7 Otto, 345);
decisions of Secretary of the Interior, December 23, 1851 (1 Lester's L.
L., 549), April 25, 1862, and opinion of Attorney-General, Nov. 10, 1858
(1 Lester’s L. L., 564).
Act of 1850 only . The act of September 28, 1850, did not grant swamp and overflowed
granted swamp lands to States admitted into the Union after its passage. See decision
º to sº of Secretary Interior, August 17, 1858; Commissioner G. L. O., May 2,
É.m.** ° 1871 (Copp's L. L., 474), affirmed by Secretary June 1, 1871, and Com-
missioner G. L. O., January 19, 1874 (Copp's L. L., 473), affirmed by
Secretary July 9, 1875.
When method A State having elected to take swamp land by field notes and plats
of determining of survey is bound by them, as is also the Government. See Secreta-
...? hº ... ry’s decisions, October 4, 1855 (1, Lester's L. L., 553), August 1, 1859
State and Goºn’ (id., 571), December 4, 1877 (4 Copp's L. O., 149), and September 19, 1879.
ment both bound
by same. -
10 Stat., p. 634, AN ACT for the relief of purchasers and locators of swamp and overflowed lands.
act Mar. 2, 1855,
*śto issue Be it enacted by the Senate and House of Representatives of the United States
for swamp lauds of America in Congress assembled, That the President of the United States
to I lººse. A cause patents to be issued, as soon as practicable, to the purchaser or
..","...P. purchasers, locator or locators, who have made entries of the public
atents to file lands claimed as swamp lands, either with cash, or with land warrants,
tates. or with scrip, prior to the issue of patents to the State or States, as pro-
vided for by the second section of the act approved September twenty-
eight, eighteen hundred and fifty, entitled “An act to enable the State
of Arkansas and other States to reclaim the swamp lands within their
limits,” any decision of the Secretary of the Interior or other officer of
the Government of the United States, to the contrary notwithstanding:
Provision for Provided, That in all cases where any State, through its constituted
the case of a sale authorities, may have sold or disposed of any tract or tracts of said land
by a State prior to any individual or individuals prior to the entry, sale, or location of
ºbtainings the same, under the pre-emption or other laws of the United States, no
p º patent shall be issued by the President for such tract or tracts of land,
until such State, through its constituted authorities, shall release its
claim thereto, in such form as shall be prescribed by the Secretary of
List of such the Interior: And provided further, That if such State shall not, within
sales to be re-ninety days from the passage of this act, thºrough itseconstituted au-
turned. thorities, return to the General Land Office of the United States a list
of all the lands sold as aforesaid, together with the dates of such sale,
and the named of the purchasers, the patents shall be issued immedi-
ately thereafter, as directed in the foregoing section.
SWAMP AND OVERFLOWED LANDS. 701
*
SEC. 2. And be it further enacted, That upon the proof, by the author- Indemnity to
ized agent of the State or States, before the Commissioner of the Gen- the States when
eral Land Office, that any of the lands purchased were swamp lands, i. "...ſº
within the true intent and meaning of the act aforesaid, the purchase.” ” ”
money shall be paid over to the said State or States; and where the
lands have been located by warrant or scrip, the said State or States
shall be authorized to locate a quantity of like amount, upon any of
the public lands subject to entry, at one dollar and a quarter per acre,
Or less, and patents shall issue therefor, upon the terms and conditions
enumerated in the act aforesaid: Provided, however, That the said de-
cisions of the Commissioner of the General Land Office shall be approved
by the Secretary of the Interior.
Approved March 2, 1855.
AN ACT to confirm to the several States the swamp and overflowed lands selected March 3, 1857,
under the act of September twenty-eight, eighteen hundred and fifty, and the act 11 Stat., p. 251,
of the second March, eighteen hundred and forty-nine. ch. cxvii.
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, That the selection of swamp and over-
flowed lands granted to the several States by the act of Congress ap-
proved September twenty-eight, eighteen hundred and fifty, entitled
“An act to enable the State of Arkansas and other States to reclaim the
swamp lands within their limits,” and the act of the second of March,
eighteen hundred and forty-nine, entitled “An act to aid the State of
Louisiana in draining the swamp lands therein,” heretofore made and
reported to the Commissioner of the General Land Office, so far as the
Same shall remain vacant and unappropriated, and not interfered with
by an actual settlement under any existing law of the United States,
be and the same are hereby confirmed, and shall be approved and pat-
ented to the said several States, in conformity with the provisions of
the act aforesaid, as soon as may be practicable after the passage of
this law : Provided, however, That nothing in this act contained shall in-
terfere with the provisions of the act of Congress entitled “An act for
the relief of purchasers and locators of swamp and overflowed lands,”
approved March the second, eighteen hundred and fifty-five, which
shall be and is hereby continued in force, and extended to all entries
and locations of lands claimed as swamp lands made since its passage.
Approved March 3, 1857.
CONSTRUCTION AND RUIES AS TO INDEMNITY.
The claim of the States for indemnity for swamp lands sold or located Swamp lands
subsequent to September 28, 1850, and prior to March 3, 1857, is not for which indem;
barred by failure of said States to have selected the lands prior to March . i. º:
3, 1857, See Attorney-General's opinion of April 20, 1866 (2 Lester, p. ºil.”
382), adopted by the Department April 23, 1866.
Under provisions of act of Congress approved March 2, 1855, as ex- Agent from G.
tended by act of March 3, 1857, indemnity proof must be taken by the L. O. must exam-
State before an agent from the General Land Office, after the land for ...".
which indemnity is claimed shall have first been examined in the field; ...; s:
by said agent. See Secretary’s decision June 6, 1878 (5 Copp's L. O.,
p. 125.)
Rules and regulations adopted by the General Land Office, with the approval of the Secretary
of the Interior, in regard to the proof required in claim8 for indemnity, under the act of
March 2, 1855, eactended by the act of March 3, 1857 (sections 2482,2483, and 2484, Re-
vised Statutes of the United States), “for swamp and overflowed lands” 80ld by the Uni-
ted States prior to March 3, 1857.
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
Washington, D. C., August 12, 1878.
In order to dispose of the claims for indemnity provided for by the act of Congress
approved March 2, 1855, entitled “An act for the relief of purchasers and locators of
swamp and overflowed lands,” which act was extended by the act of March 3, 1857
(as revised, now sections 2482,2483, and 2484 of the Revised Statutes of the United
States), the following rules and regulations in regard to the “due proof” to be made
to the Commissioner of the General Land Office, under the second seetion of said
first mentioned act (as revised, now section 2082, Revised Statutes of the United States),
in order to obtain the indemnity aforesaid, are adopted:
The governor, or other duly authorized officer or agent, of the State claiming indem-
nity will be required to furnish this office with a list of the lands for which indemnity
702 SWAMP AND OVERFLOWED LANDS.
is claimed. As soon as practicable after the receipt of this list an agent will be ap-
pointed to make an examination in the field of each of the tracts therein described,
and secure such reliable information as to the character thereof as can be obtained
from personal examination and observation, and by inquiry of the owner or resident
thereon, if any there be, and of persons residing in the vicinity having personal
knowledge of the past and present character of the land. Upon the completion of this
examination at least thirty days' notice will be given the State, or claimants under
the State, of the time and place when and where testimony will be received touching
the character of the lands described in the lists filed in this office.
At the times and places thus fixed the agent of this office will attend for the pur-
pose of examining witnesses and adopting such other measures as may be necessary
to protect the interests of the Government.
The evidence offered by the State, or its agent, as to the character of the land, must
be the testimony of at least two respectable and disinterested persons who have per-
sonal and exact knowledge of the condition of the land during a series of years extend-
ing to the date of the swamp grant (September 28, 1850).
Where the testimony of witnesses having a knowledge of the condition of the land
at the date of the grant cannot be obtained, the evidence of at least two respectable
and disinterested persons, who bave a knowledge of the land during a series of years
extending as near to the date of the grant as possible, may be presented; but before
presenting this secondary evidence the State agent should file his own affidavit set-
ting forth fully and satisfactorily the reasons for the failure to present the testimony
of the first-mentioned class of witnesses, and also setting forth that the witnesses whose
testimony he offers have the best knowledge of the land extending nearest to Septem-
ber 28, 1850, of any that can be obtained.
The testimony of each witness should not only show that at the time when he first
knew the land the greater part of each forty-acre tract, or other smallest legal subdi-
vision, was swamp or overflowed within the meaning of the grant, but it must be full
and explicit on the following points:
The cause of the swampy character or overflow, with the time of the year and the
length of time such was the condition of the land, and how much or what proportion.
of the tract was thus rendered unfit for cultivation in its natural condition;
The nature and extent of the means necessary to reclaim the land;
The kinds of timber, plants, shrubs, grasses, &c., growing on the land, and whether
or not plowing and the removal of timber or other natural growth would not have
caused the land to become dry enough for cultivation without ditching, draining, or
protection from overflow;
The names of water-courses, lakes, &c., on or near the land, with a description of
the size of the same, and, where not on the tract, the direction and distance from it;
The general character of the adjacent and surrounding lands;
The present condition of the land, and in case any changes have taken place within
the knowledge of the witnesses the nature and cause of such changes, with a full de-
scription of such artificial means of reclamation as have had any effect on the clarac-
acter of the land, and all other facts known to the witnesses which may tend to show
the true condition of the land.
The witnesses should be required to state facts, not opinions, and their testimony
should be as full and complete and as to every fact within their knowledge as if it were
needed to establish the character of the land to the satisfaction of a judge or jury.
Eac parte affidavits will not be considered, and all testimony must be taken in the
presence of the agent of this office.
Depositions may be taken before any officer authorized by law to administer oaths;
provided that if taken before an officer other than the clerk of a court of record hav-
ing a seal, the official character of such offer shall be established by the certificate of
the clerk of the proper court of record under the official seal thereof.
In all cases the disinterestedness of the witnesses must be established under oath, and
the credibility of the witnesses must be certified to by the officer taking the depositions,
or established by the oath of witnesses to whose credibility he certifies.
In cases where the agent of this office shall be satisfied, from the previous examina-
tion in the field, that any tract or tracts are of the character contemplated by the swamp
grant, the testimony of two witnesses, as above mentioned, will be deemed sufficient
proof; but in cases where said agent shall not be so satisfied from the previous exam-
ination in the field, he will take measures to secure such additional evidence as may
be necessary to fully determine the character of the land, by obtaining the testimony
of the owner or occupant of the land, or, if those persons have testified, other well-
informed persons residing in the vicinity of the land, allowing the agent of the State
full opportunity to cross-examine such witnesses should he desire to do so.
If the agent of this office shall be in doubt as to the amount of a particular tract
which is swampy or overflowed, he will have a survey and plat made of the tract by
a competent surveyor, in order that the exact amount of swampy or overflowed land
in the tract may be shown.
i
SWAMP AND OVERFLOWED LANDS. 703
After the testimony is taken the agent will make a full report to Unis office upon
each of the tracts upon which testimony is taken, together with his opinion as to the
real character of each of said tracts.
These regulations will supersede all former regulations; but cases where proof has
heretofore been taken and filed in this office will be examined and determined upon
such proof, if it is found to be in strict accordance with the regulations existing at the
time of taking the same.
J. A. WILLIAMSON,
Commissioner.
DEPARTMENT OF THE INTERIOR,
August 20, 1878.
A. BELL,
Acting Secretary.
Approved.
In States where the field notes of survey govern in adjusting claims for lands under
the act of 1850 said notes are the basis for adjusting claims for indemnity. (Secretary’s
decision of April 17, 1880.)
AN ACT to extend the provisions of “An act to enable the State of Arkansas and 12 Stat., p. 3,
other States to reclaim the swamp lands within their limits’’ to Minnesota and Ore- act March 12,
gon, and for other purposes. 1860, ch. v.
Be it enacted by the Senate and House of Representatives of the United Provisions of
States of America in Congress assembled, That the provisions of the act of act, of 1850, ex-
Congress entitled “An act to enable the State of Arkansas and other i. * *:::
States to reclaim the swamp lands within their limits,” approved Sep-gon.
tember twenty-eight, eighteen hundred and fifty, be and the same are
bereby extended to the States of Minnesota and Oregon: Provided, That
the grant hereby made shall not include any lands which the Govern-
ment of the United States may have reserved, sold, or disposed of (in
pursuance of any law heretofore enacted) prior to the confirmation of
title to be made under the authority of the said act.
SEC. 2. And be it further enacted, That the selection to be made from Selections un-
lands already surveyed in each of the States, including Minnesota and der said agt, and
Oregon, under the authority of the act aforesaid, and of the act to aid !. . *:::::
the State of Louisiana in draining the swamp lands therein, approved "*" 0 00 Iſlä(10.
March second, one thousand eight hundred and forty-nine, shall be
made within two years from the adjournment of the legislature of each
State at its next session after the date of this act, and, as to all lands
hereafter to be surveyed, within two years from such adjournment, at
the next session, after notice by the Secretary of the Interior to the
#." of the State that the surveys have been completed and con-
firmed.
Approved March 12, 1860.
Provisions of sec. 2 repealed as to all States except Minnesota and
Oregon by enactment in Revised Statutes. See sec. 5596.
RULINGS,
The grant of swamp lands to the States of Oregon and Minnesota was swamp grant
a grant in presenti, and the land so granted cannot be otherwise dis- to . Oregon and
posed of by the Government. See Secretary's decisions, April 15, 1880. Mººsota...?
Crowley vs. State of Oregon (7 Copp's L. O., 28), and the Štate of Ore- “”
. gon vs. United States, June 4, 1880 (id., 53).
Status of lands within the meander lines of shallow bodies of water Shallow bodies
at date of survey that might have been temporarily overflowed con- of water.
sidered. See Secretary's decision, December 2, 1874 (Copp's Land
Laws, 475.)
CHAP. CCXIX.-AN ACT to quiet land titles in California. 14 Stat., p. 218,
* * * * # * 36 July 23, 1866.
SEC. 4. And be it forther enacted, That in all cases where township Where town-
surveys have been, or shall hereafter be made under authority of the ship surveys
United States, and the plats thereof approved, it shall be the duty of haye been made,
the Commissioner of the General Land Office to certify over to the State ...” º
of California, as swamp and overflowed, all the lands represented as ānā Švejº
such upon such approved plats, within one year from the passage of lands to be certi-
this act, or within one year from the return and approval of such town- #38, tº State
ship plats. within one year.
704 SWAMP AND OVERFLOWED LANDS.
Segregation . The Commissioner shall direct the United States surveyor-general
maps, &c., of for the State of California to examine the segregation maps and surveys
iºnº. of the swamp and overflowed lands made by said State, and where he
jºy 'Sº shall find them to conform to the system of surveys adopted by the
to be examined, United States, he shall construct and approve township plats accord-
&c. ingly, and forward to the General Land Office for approval: Provided,
If found to con- That in segregating large bodies of land notoriously and obviously
form to United swamp and overflowed, it shall not be necessary to subdivide the same,
States surveys, but to run the exterior lines of such body of land. In case such State
If found not to surveys are found not to be in accordance with the system of United
conforma. States surveys, and in such other townships as no survey has been made
by the United States, the Commissioner shall direct the surveyor-gen-
eral to make segregation surveys upon application to said surveyor-
general by the governor of said State, within one year of said applica-
tion, of all the swamp and overflowed land in such townships, and to
report the same to the General Land Office, representing and describ-
If State claims, ing what land was swamp and overflowed under the grant, according
i. º &c., to the best evidence he can obtain. If the authorities of said State
...r.º.e.'; shall claim as swamp and overflowed any land not represented as such
presented in º tº -
map character of upon the map or in the returns of the surveyors, the character of such
land how to be land at the date of the grant, September twenty-eight, eighteen hun-
determined. dred and fifty, and the right to the same, shall be determined by testi-
mony to be taken before the surveyor-general, who shall decide the
ğ. subject to the approval of the Commissioner of the General Land
CC,
List of lands SEC. 5. And be it further enacted, That it shall be the duty of the Com-
selected and of missioner of the General Land Office to instruct the officers of the
ñº.intº local land offices, and the surveyor-general, immediately after the pas-
§. .". sage of this act, to forward lists of all selections made by the State re-
to General Land ferred to in section one of this act, and lists and maps of all swamp and
Office. overflowed lands claimed by said State or surveved as provided in this
act, for final disposition and determination, which final disposition
i. be made by the Commissioner of the General Land Office without
elay.
Act March 5, AN ACT for the relief of Lucas, O'Brien, Dickinson, and other counties in the State
1872, 17 Stat., p. of Iowa.
37, ch. xxxix.
Selections of Be it enacted by the Senate and How8e of Representatives of the United
swamp lands in States of America in Congress assembled, That the Commissioner of the
gettain gounties General Land Office is hereby authorized and required to receive, and
º & ** examine the selections of swamp-lands in Lucas, O'Brien, and Dickin-
* **** son and such other counties in the State of Iowa, as formerly presented
their selections to the surveyor-general of the district including that
State, and allow or disallow said selections, and indemnity provided
for according to the acts of Congress in force touching the same at the
time such selections were made, without prejudice to legal entries or
the rights of bona fide settlers under the homestead and pre-emption
laws of the United States prior to the date of this act.
Approved March 3, 1872.
2 *. Pººr AN ACT to quiet the title to certain lands in the State of Missouri.
7, 1872, a U.,
p. 404, ch. xvii. Whereas by an act of the Congress of the United States, approved
on the twenty-eighth day of September, eighteen hundred and fifty,
the State of Missouri, with other States, acquired title to all swamp
and overflowed lands within their limits; that the State of Missouri,
by an act of its general assembly, approved February twenty-third,
eighteen hundred and fifty-three, passed the title thus acquired to the
several counties in which said lands were situated, for the purpose and
to the end that the same should be drained and reclaimed as provided
by said act of Congress; and that after the donation as aforesaid, a
commissioner was appointed, charged with the duty to select and
locate such swamp-lands, who did make such selections and locations
in said county of Scott and State of Missouri, making due report of the
same, which report was, by proper authority, approved, and the lands
so located patented by the Government of the United States to the
State of Missouri, and on the twenty-ninth day of April, eighteen hun-
dred and seventy, by said State to said county of Scott; and whereas
said commissioner, in his report, described other lands situated in said
county as unsurveyed swamp lands, and that in the year eighteen hun-
SWAMP AND OVERFLOWED LANDS. 705
dred and sixty said lands were ordered to be surveyed by the General
Government, which survey was approved by the surveyor-general of
Missouri on the second day of July, eighteen hundred and sixty-one;
and that by act of Congress approved March the twelfth, eighteen
hundred and sixty, said county was given two years in which to pre-
sent its claim and make proof to its title to said lands, which could not
be done, owing to the existence of civil war then afflicting the people
of said county; and whereas said county, believing further time would
be given to make said claim and proof, did sell to actual settlers the
greater portion of said lands, which purchasers, relying on said title,
have made, in many instances, permanent and valuable improvements:
Therefore,
Be it enacted by the Senate and House of Representatives of the United Certain swamp,
States in Congress assembled, That the lands above referred to be, and &c., Xnnds grant.
the same are hereby, granted to the county of Scott, in the State of 3. to S got t
Missouri, which lands, in the aggregate, amount to four thousand.” “***
four hundred and ten and seventy-one hundreths acres, and described
as follows: Parts of sections one, two, three, eleven, twelve, thirteen,
twenty-four, and twenty-five, all in township number twenty-seven, º
range 12: Provided, That nothing in this act shall prejudice the rights Existing rights
of any homestead or other entry made, by any person whatsoever, un- not affected.
der the laws of the United States on said lands.
Approved December 27, 1872.
AN ACT authorizing and requiring the issuance of a patent for certain lands to the 18 Stat., p. 282,
county of Scott, in the State of Missouri. act June 23, 1874,
Ch. 484.
Whereas, by the act of Congress of the United States entitled “An
act to quiet the title to certain lands in the State of Missouri,” ap-
proved December twenty-seventh, eighteen hundred and seventy-two,
certain lands therein mentioned were granted to the county of Scott,
in the State of Missouri, which were not specifically described; and
Whereas, no provision for the issuance of a patent for said lands was
made in said act : Therefore,
Be it enacted by the Senate and How8e of Representatives of the United Patent to issue
States of America in Congress assembled, That it shall be the duty of the to Scott County,
Commissioner of the General Land Office to cause a patent to be issued #. for cer-
to said county of Scott, in the State of Missouri, for all the lands in- “*
cluded in that portion of township numbered twenty-seveu north of
range twelve east, of the fifth principal meridian lying east of Little
River, as the same appears on the plat of survey on file in the General
Land Office: Provided, That nothing in this act shall prejudice the Not to preju-
rights of any person claiming any of said lands by virtue of any home-dice rights of
stead, pre-emption, or other entry made under the laws of the United hººd, Pre:
emption, or other
States. - lai
Approved June 23, 1874. ClaimantS.
AN ACT for the relief of actual settlers on lands claimed to be swamp and over- 19 Stat., p. 334,
flowed lands in the State of Missouri. Ch. 99.
Be it enacted by the Senate and How8e of Representatives of the United Purchasers of
States of America in Congress assembled, That in all cases in the State of lands in Missouri
Missouri where lands, have heretofore been selected and claimed as: ...;
swamp and overflowed lands by said State, and the various counties; ...;".
therein, by virtue of any act of Congress, and said lands have been homestead, if
withheld from market in consequence thereof by the General Govern- land not in fact
ment, and the said State and counties have sold said lands to actual *W*P.
settlers, and said settlers have improved the same to the value of one
hundred dollars; said settlers, their heirs, assigns, and legal represent-
atives, who have continued to reside thereon, shall have priority of
right to pre-empt or homestead all such lands as may be rejected by .
the United States as not being in fact swamp and overflowed lands;
and it shall be the duty of the Secretary of the Interior to make such
rules and regulations as may be necessary to carry into effect the pro-
visions of this act: Provided, That nothing herein contained shall prej-
udice the rights of any person who may have made actual settlement
upon such lands under the pre-emption or homestead laws prior to the
passage of this act.
Approved February 23, 1875.
45 L O—WOL III
706 SWAMP AND OVERFLOWED LANDS.
CIRCULAR IN RELATION TO PROOF REQUIRED TO OBTAIN RELIEF FOR
ACTUAL SETTLERS UPON REJECTED SWAMP LANDS IN THE STATE OF
MISSOURI.
DEPARTMENT OF THE INTERIOR,
General Land Office, March 23, 1875.
GENTLEMEN: Annexed is an act of Congress approved February 23, 1875, “for the
relief of actual settlers on lands claimed to be swamp and overflowed lands in the
State of Missouri.”
In order to enable persons entitled thereto to avail themselves of the provisions of
this act the following regulations are prescribed, with the approval of the Secretary
of the Interior.
In addition to compliance with existing regulations governing entries under the
pre-emption and homestead laws, claimants must establish the following facts:
1st. That the land was duly selected as swamp land and withheld from market in
consequence of such selection.
2d. Purchase in good faith from the State or county, with settlement upon, and
improvement of the land, to the value of one hundred dollars.
3d. That the purchaser from the State or county, or his heirs, assigns, or legal rep-
resentatives, has continued to reside thereon.
4th. That the claim of the State under the swamp land grant has been rejected for
the reason that the land was not in fact swamp and overflowed.
All pre-emption settlements and homestead entries made prior to February 23, 1875,
where the requirements of law have been fully complied with, will take precedence
of claims presented under this act.
- S. S. BURDETT.
Commissioner.
REGISTERS and RECEIVERS of U. S. Land Offices in the State of Missouri.
Approved:
C. DELANO,
- Secretary.
19 Stat., p. 395, AN ACT granting to the State of Missouri all lands therein selected as swamp and
* March 3, 1877, overflowed lands. -
ch. 116,
Swamp and . Be it enacted by the Senate and House of Representatives of the United
overflowed lands States of América in Congress assembled, That all lands in the State of
to Missouri. Missouri selected as swamp and overflowed lands, and regularly re-
ported as such to the General Land Office, and now withheld from
market as such, so far as the same remain vacant and unappropriated
and not interfered with by any pre-emption, homestead, or other claim
under any law of the United States, and the claim whereto has, not
been heretofore rejected by the Commissioner of the General Land
Office, or other competent authority, be, and the same are hereby, con-
Patents to is firmed to said State, and all title thereto vested in said State; and it is
SU16. hereby made the duty of the Secretary of the Interior to cause patents
to issue for the same.
Approved March 3, 1877.
[PUBLIC–No. 97.]
21 Stat., p. 171, AN ACT to confirm certain entries and warrant locations in the former Palatka
chap. 171. military reservation in Florida.
Homestead en- Be it enacted by the Senate and How86 of Representatives of the United
tries of confirmed States of America in Congress assembled, That in all cases in which lands
i.º. 1: lying within the limits of the former Palatka military reservation in
jº Florida have been entered by settlers under the homestead laws, and
vation in Florida their entries are found to conflict with selections by the State of Flor-
confirmed. ida under the grant of swamp lands by act of Congress of September
twenty-eighth, eighteen hundred and fifty, which are confirmed by the
act of March third, eighteen hundred and fifty-seven, and in which
said settlers have in good faith complied with the requirements of the
homestead laws, their entries be, and the same are hereby, confirmed,
on the State filing with the Commissioner of the General Land Office
Other lands to its relinquishment of all claim thereto; and the State shall thereupon
be patented to be entitled to select in lieu thereof an equal quantity of land from
the State. any of the vacant and unappropriated public lands of the United States
in Florida, and patents shall be issued to the State for the lands so se-
lected in lieu of the tracts taken by the settlers.
SWAMP AND OVERFLOWED LANDS. 707
SEC. 2. That in all cases in which lands lying within said reserva- Cash entries
tion have been entered at private entry or located by military land- and warrantloca-
warrants, and which conflict with said selections, the same are also here- #º º **:
by confirmed on the State relinquishing all claim thereto, and the State; ...w.
shall thereupon be entitled to indemnity in the same manner as indi- the State.
cated in the first section of this act.
Approved June 9, 1880.
PUBLISHED DECISIONS RELATIVE TO SWAMP AND OVERFLOWED LANDS.
APPROVAL, EFFECT OF:
Secretary Interior, September 18, 1855, 1 Lester, 553.
Secretary Interior, January 14, 1856, 1 Lester, 554.
Secretary Interior, December 29, 1857, 1 Lester, 557.
Secretary Interior, October 24, 1858, 1 Lester, 562.
Secretary Interior, June 25, 1859, 1 Lester, 569.
Secretary Interior, July 22, 1859, 1 Lester, 570.
ARKANSAS:
Secretary Interior, October 24, 1858, 1 Lester, 562.
Secretary Interior, November 1, 1858, 1 Lester 563.
Secretary Interior, June 25, 1859, 1 Lester, 569.
Secretary Interior, May 5, 1877, 4 Copp's L. O., 63.
Commissioner General Land Office, December 21, 1853, 1 Lester, 551.
CALIFORNIA:
Attorney-General, March 4, 1878, 5 Copp's L. O., 12.
Secretary Interior, December 5, 1871, Copp's L. L., 453.
Secretary Interior, April 19, 1877, 4 Copp's L. O., 92.
Secretary Interior, December 21, 1877, 4 Copp's L. O., 150.
Secretary Interior, December 28, 1877, 5 Copp's L. O., 22.
Secretary Interior, December 12, 1878, 6 Copp's L. O., 29.
Secretary Interior, July 15, 1879, 6 Copp's L. O., 108.
CONFIRMATION:
Secretary Interior, December 29, 1857, 1 Lester, 557.
Secretary Interior, January 8, 1858, 1 Lester, 551.
Secretary Interior, November 1, 1858, 1 Lester, 563.
Secretary Interior, December 10, 1858, 1 Lester, 567.
Secretary Interior, July 23, 1859, 1 Lester, 570.
Secretary Interior, December 5, 1871, Copp's L. L., 453.
Secretary Interior, December 21, 1877, 4 Copp's L. O., 150.
Secretary Interior, May 2, 1878, 6 Copp's L. O., 76.
Secretary Interior, July 15, 1879, 6 Copp's L. O., 108.
EFFECT OF GRANT: $
Attorney-General, March 4, 1878, 5 Copp's L. O., 12.
Secretary Interior, November 20, 1855, 1 Lester, 521.
Secretary Interior, January 14, 1856, 1 Lester 554.
Secretary Interior, June 21, 1856, 1 Lester 555.
Secretary Interior, December 2, 1876, 3 Copp's L. O., 172.
Secretary Interior, April 19, 1877, 4 Copp's L. O., 92.
Secretary Interior, December 4, 1877, 4 Copp's L. O., 149.
Secretary Interior, December 21, 1877, 4 Copp's L. O., 150.
Secretary Interior, May 2, 1878, 5 Copp's L. O., 124.
Secretary Interior, April 15, 1880, 7 Copp's L. O., 28.
Secretary Interior, June 4, 1880,-7 Copp's L. O., 53.
Secretary Interior, June 28, 1880, 7 Copp's L. O., 70.
Secretary. Interior, May 3, 1881, 8 Copp's L. O., 21.
ENTRIES AND LOCATIONS OF:
Secretary Interior, January 14, 1856, 1 Lester, 554.
Secretary Interior, November 18, 1856, 1 Lester, 556.
Secretary Interior, October 13, 1876, 3 Copp's L. O., 119.
Secretary Interior, January 6, 1879, 5 Copp's L. O., 179.
FLORIDA:
Secretary Interior, December 9, 1878, 7 Copp's L. O., 9.
ILLINOIS:
Secretary Interior, November 20, 1855, 1 Lester, 521.
Secretary Interior, May 2, 1878, 5 Copp's L. O., 124.
Secretary Interior, May 2, 1878, 6 Copp's L. O., 76.
Secretary Interior, April 5, 1880, 7 Copp's L. O., 27.
Secretary Interior, June 28, 1880, 7 Copp's L. O., 70
Commissioner General Land Office, February 17, 1879, 7 Copp's L. O., 9.
.
708 SWAMP AND OVERFLOWED LANDS.
INDEMNITY:
Attorney-General, July 25, 1877, 4 Copp's L. O., 92.
Secretary Interior, July 7, 1855, 1 Lester, 552.
Secretary Interior, February 2, 1874, Copp's L. L., 480.
Secretary Interior, May 2, 1878, 5 Copp's L. O., 124.
Secretary Interior, December 9, 1878, 7 Copp's L. O., 9.
Secretary Interior, April 6, 1880, 7 Copp's L. O., 28.
Secretary Interior, June 28, 1880, 7 Copp's L. O., 70.
I Commissioner General Land Office, February 17, 1879, 7 Copp's L. O., 9.
OWA :
Secretary Interior, August 24, 1876, 3 Copp's L. O., 84.
LOUISLANA:
Secretary Interior, January 14, 1856, 1 Lester, 554.
Secretary Interior, May 3, 1881, 8 Copp's L. O., 21
MINNESOTA:
Secretary Interior, September 9, 1876, 3 Copp's L. O., 99.
Secretary Interior, December 4, 1877, 4 Copp's L. O., 149.
OREGON:
Secretary Interior, December 2, 1874, Copp's L. L., 475.
Secretary Interior, October 13, 1876, 3 Copp's L. O., 119.
Secretary Interior, December 2, 1876, 3 Copp's L. O., 172.
Secretary Interior, January 6, 1879, 5 Copp's L. O., 179.
Secretary Interior, April 15, 1880, 7 Copp's L. O., 28.
Secretary Interior, June 4, 1880, 7 Copp's L. O., 53.
PATENT:
Secretary Interior, January 8, 1858, 1 Lester, 558.
Secretary Interior, October 24, 1858, 1 Lester, 562.
Secretary Interior, November 1, 1858, 1 Lester, 562.
REGISTER OF LAND OFFICE: * -
Secretary Interior, September 6, 1856, 1 Lester, 339.
SELECTION, FORCE AND EFFECT OF, ETC.:
Secretary Interior, January 15, 1856, 1 Lester, 555.
Secretary Interior, November 1, 1858, 1 Lester, 563.
Secretary Interior, April 20, 1859, 1 Lester, 568.
Secretary Interior, May 21, 1859, 1 Lester, 569.
Secretary Interior, October 13, 1876, 3 Copp's L. O., 119.
Secretary Interior, April 5, 1880, 7 Copp's L. O., 27.
Commissioner General Land Office, November 21, 1850, 1 Lester, 543.
Commissioner General Land Office, December 21, 1853, 1 Lester, 551.
Commissioner General Land Office, January 22, 1858, 1 Lester, 559.
Commissioner General Land Office, January 5, 1872, Copp's L. L., 483.
(NOTE.-In cases of selections of swamp and overflowed lands made now the
requirements in regard to proof of the swampy character of the lands claimed are
substantially the same as those in the regulations in regard to proof in support
of claims to indemnity, herein published.)
STATE, when ESTOPPED FROM CLAIMING:
Secretary Interior, August 24, 1876, 3 Copp's L. O., 84.
Secretary Interior, September 9, 1876, 3 Copp's L. O., 99.
Secretary Interior, May 5, 1877, 4 Copp's L. O., 63.
STATUTEs, EFFECT OF REVISION OF:
Attorney General, July 25, 1877, 4 Copp's L. O., 92.
Secretary Interior, June 28, 1880, 7 Copp's L. O., 70.
SURVEY:
Secretary Interior, December 5, 1871, Copp's L. L., 453.
Secretary Interior, December 12, 1878, 6 Copp's L. O., 29.
Counmissioner General Land Office, February 22, 1855, 1 Lester, 718.
Swampy CHARACTER, PROOF OF:
Secretary Interior, October 4, 1855, 1 Lester, 553.
Secretary Interior, November 18, 1856, 1 Lester, 556.
Secretary Interior, August 12, 1858, 1 Lester, 561.
Secretary Interior, December 10, 1858, 1 Lester, 567.
Secretary Interior, May 21, 1859, 1 Lester, 569.
Secretary Interior, August 1, 1859, 1 Lester, 571.
Secretary Interior, October 13, 1876, 3 Copp's L. O., 119.
Secretary Interior, December 21, 1877, 4 Copp's L. O., 150.
Secretary Interior, December 28, 1877, 5 Copp's L. O., 22.
Secretary Interior, January 6, 1879, 5 Copp's L. O., 179.
WISCONSIN:
Secretary Interior, October 4, 1855, 1 Lester, 553.
Secretary Interior, August 1, 1859, 1 Lester, 571.

SWAMP AND OVERFſ, OWED LANDS. 709.
DECISIONS OF UNITED STATES AND STATE COURTS.
In addition to those herein cited, reference is made to the following decisions of
United States and State courts, cited in the “United States land laws, local and tem-
porary,” compiled by the “commission on the codification of existing laws relating to.
the survey and disposition of the public domain,” vol. 1, pp. lvii and lviii.
EFFECT OF GRANT:
- American Emigrant Company vs. County of Wright (7 Otto, 339).
American Emigrant Company vs. County of Adams (10 Otto, 61).
Supervisors, &c., v8. State's Attorney (31 Ill., 68).
Grantham vs. Atkins (63 Ill., 359).
Thompson vs. Prince (67 Ill., 281).
Keller vs. Brickey (78 Ill., 133).
Busch vs. Donohue (31 Mich., 481).
Dole v8. Turner (34 Mich., 405).
Barrett vs. Brooks (21 Iowa, 144).
Fremont County v8. B. M. R. R. Co. (22 Iowa, 91).
Boynton v8. Miller (42 Iowa, 579). *
G., R. I. and P. R. R. Co. v8. Brown (40 Iowa, 333).
American Emigrant Company v8. C., R. I. and P. R. R. Co. (47 Iowa, 515).
Fletcher vs. Pool (20 Ark., 100).
Branch vs. Mitchell (29 Ark., 422).
Ringe v8. Rotan (29 Ark., 56).
H. and St. J. R. R. Co. vs. Smith (40 Mo., 310).
Foster vs. Evans (51 Mo., 39).
Clarkson vs. Buchanan (53 Mo., 563).
Campbell vs. Wortman (58 Mo., (258).
Masterson vs. Marshall (65 Mo., 94).
Gaston vs. Stott (5 Oreg., 48).
Owens vs. Jackson (9 Cal., 322).
Summers vs. Dickinson (9 Cal., 354).
Rile vs. Tubbs (23 Cal., 431).
Keeran vs. Griffith (27 Cal., 87).
Keeran v8. Allen (33 Cal., 542).
Wright vs. Carpenter (47 Cal., 436).
Thompson v8. Thornton (50 Cal., 142).
Sutton v8. Fassett (51 Cal., 12).
EXECUTION OF TRUST BY STATE:
American Emigrant Company v8. County of Wright (7 Otto, 339).
American Emigrant Company vs. County of Adams (10 Otto, 61).
State vs. Hastings (11 Wis., 448).
Barrett v8. Brooks (21 Iowa, 144).
Keltner vs. Story County (23 Iowa, 35).
Page County vs. B. and M. R. R. Co. (40 Iowa, 520).
Dunklin Co. vs. District Court (23 Mo., 449).
Kimball vs. Reclamation Fund Commissioners (45 Cal., 344).
INDEMNITY:
American Emigrant Company vs. County of Adams (10 Otto, 61).
Fletcher vs. Pool (20 Ark., 100).
PATENTS:
French vs. Fyan et al. (3 Otto, 169).
Smith vs. Goodell (67 Ill., 450).
Attorney-General v8. Thomas (31 Mich., 365).
Gaston vs. Stott (5 Oreg., 48).
Owens vs. Jackson (9 Cal., 322).
Summers vs. Dickerson (9 Cal., 554).
People vs. Stratton (25 Cal., 242).
Keeran vs. Griffith (27 Cal., 87).
Carder vs. Baxter (28 Cal., 99).
Robinson vs. Forrest (29 Cal., 317).
Keeran vs. Griffith (31 Cal., 462).
Randall v8. Fay (32 Cal., 354).
Keeran v8. Allen (33 Cal., 542).
Keeran v8. Griffith (34 Cal., 580).
Rimball vs. Reclamation Fund Commissioners (45 Cal., 344).
Reed vs. Caruthers (47 Cal., 181).
, Mahew vs. Richardson (50 Cal., 333).
710 EDUCATIONAL LAND GRANTS.
PURCHASERS FROM STATE:
American Emigrant Co. vs. County of Adams (10 Otto, 61).
People vs. State Treasurer (7 Mich., 365).
Remeau vs. Mills (24 Mich., 15).
Attorney General vs. Smith (31 Mich., 359).
Attorney General vs. Thomas (31 Mich., 365).
Davis vs. Filer (40 Mich., 310).
Barden vs. Smith (7 Wis., 439).
Mowry vs. Smith (10 Wis., 509).
Conklin v8. Hawthorn (29 Wis., 476).
Rogers vs. Voss (6 Iowa, 405).
Gwyn vs. Decatur (9 Iowa, 278).
Calvin vs. McCosky (9 Iowa, 585).
Wilson v8. McLernam (20 Iowa. 30).
Spitel vs. Scofield (43 Iowa, 571).
State v8. Register (48 Mo., 59).
Owens vs. Jackson (9 Cal., 322).
Montgomery vs. Carson (16 Cal., 189).
Kile vs. Tubbs (23 Cal., 431).
People v8. Morrill (26 Cal., 336).
Thornton v8. Thompson (28 Cal., 602).
McNear vs. Hutchinson (31 Cal., 177).
Taylor vs. Underhill (40 Cal., 569).
Kimball v8. Reclamation Fund Commissioners (45 Cal., 344).
Cox vs. Jones (47 Cal., 412).
Edwards vs. Estell (48 Cal., 194).
Allen vs. Dale (50 Cal., 80).
Ringston vs. Guth (50 Cal., 86).
Mahen vs. Richardson (50 Cal., 333).
Reena vs. Doherty (51 Cal., 3). 4.
Farran vs. Board of Supervisors (51 Cal., 307).
Yoakum vs. Brewer (52 Cal., 373).
EDUCATIONAL LAND GRANTS BY THE UNITED STATES TO PUBLIC.
LAND AND OTHER STATES.
To JUNE 30, 1882 AND 1883.
[See Chapter XIII, pages 223 to 231, and 1249.]
For changes in the areas as set out in the above chapter to June 30, 1883, see page
1249.
IMPORTANT CHANGE IN THE AGRICULTURAL COLLEGE LAW.
The following act, approved March 3, 1883, materially changed the acts of July 2,
1862, and the amendatory acts :
[PUBLIC–No. 53.]
AN ACT to amend an act donating public lands to the several States and Territories which may pro-
vide colleges for the benefit of agriculture and the mechanic arts.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That the fourth section of the act donating public lands to the
several States and Territories which may provide colleges for the benefit of agricult-
ure and the mechanic arts, approved July second, eighteen hundred and sixty-two,
be, and the same is hereby, amended so as to read as follows:
“SEC. 4. That all moneys derived from the sale of lands aforesaid by the States to
which the lands are apportioned, and from the sales of land-scrip hereinbefore pro-
vided for, shall be invested in stocks of the United States or of the States, or some
other safe stocks; or the same may be invested by the States having no State stocks,
in any other manner after the legislatures of such States shall have assented thereto,
and engaged that such funds shall yield not less than five per centum upon the amount
so invested and that the principal thereof shall forever remain unimpaired: Provided,
That the moneys so invested or loaned shall constitute a perpetual fund, the capital
of which shall remain forever undiminished (except so far as may provided in section
five of this act), and the interest of which shall be inviolably appropriated, by each State
which may take and claim the benefit of this act, to the endowment, support, and
maintenance of at least one college where the leading object shall be without exclud-
ing other scientific and classical studies, and including military tactics, to teach such


MILITARY AND NAVAL LAND BOUNTIES. 711
branches of learning as are related to agriculture and the mechanic arts, in such man-
ner as the legislatures of the States may respectively prescribe, in order to promote
the liberal and practical education of the industrial classes in the several pursuits
and professions in life.”
Approved, March 3, 1883.
AGRICULURAL COLLEGE SCRIP.
[Official: General Land Office.]
#
# 36. 3& +&
This scrip may be used—
First. In the location of land at “private entry,” but when so used is only applica-
ble to lands not mineral which may be subject to private entry at $1.25 per acre, and
is restricted to a technical “quarter 80ction ”—that is, land embraced by the quarter
section lines indicated on the official plats of survey; or it may located on a part of
a “quarter section,” where such part is taken as in full for a quarter; but it cannot
be applied to different subdivisions to make an area equivalent to a quarter section.
The manner of proceeding to acquire title with this class of paper is the same as in
cash and warrant cases, the fees to be paid being the same as on warrants. The lo-
cation of this scrip at private entry is restricted to three sections in each township of
land, and one million acres in any one State.
Second. In payment of pre-emption claims, in the manner and under the same
rules and regulations as govern the pre-emption of military land warrants; this, too,
...'. regard to the limitation as to the quantity located in the township or in
any State. -
Third. In payment for homesteads commuted under section 2301 of the Revised
Statutes of the United States. * * *
FORMS USED AND PROCEDURE IN DISTRICT LAND OFFICE.
# #.
In pre-emption entries or commutation of homesteads, proving up, agricultural-col-
lege scrip can be used in place of cash; when so used, the forms used in chapter X,
addenda “Pre-emptions”, are used, with the addition of an “excess receipt by the
receiver,” if any there be, and a “certificate of location,” signed by register and re-
ceiver.
In cash entries on offered land, when a person buys the land outright without set-
tlement, the scrip is used in lieu of cash (see “Existing methods of disposition,”
chapter XXXII, and addenda).
LAND BOUNTIES FOR MILITARY AND NAVAL SERVICES.
[See Chapter XIV, pages 232 to 237, and 1250.]
To JUNE 30, 1882.
The grants for military and naval land bounties from the origin of these laws to
June 30, 1882, amount to 61,058,110 acres, as follows:
Statement under acts of 1847, 1850, 1852, and 1855 showing the issues and locations from
the commencement of operations under 8aid acts to June 30, 1882.
º a g # º
'E § 3 § 3 §
; $–4 ... • CŞ 5- ... • +-> $–4 ... •
ū) 3 * C E-3 6 to 33
Grade of warrants. º § 3. T 3 # tº E 5 :
.# g: 3 gº:3 g" *:::
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Act of 1847:
160 acres-----------------------. 80, 669 | 12,907,040 79,013 | 12,642,080 1,656 264,960
40 acres------------------------ 7, 583 303, 320 7,072 282,880 511 20,440
Total ------------------------- 88,252 || 13,210,360 86,085 | 12,924,960 2,167 285, 400
Act of 1850: -
160 acres. ----------------------- 27,439 4,390,240 26,814 || 4,290,240 625 | 100,000
80 acres. ----------------------- 57,712 4,616,960 56,249 4, 499, 920 1,463 | 117,040
40 acres.----------------------- 103,971 4, 158,840 100, 612 || 4,024,480 3,359 134, 360
Total ------------------------. 189,122 || 13,166,040 | 183,675 12,814,640 5,447 351,400
wa

712 MILITARY AND NAVAL LAND BOUNTIES.
Statement under acts of 1847, 1850, 1852, and 1855, &c.—Continued.
rº - r: rº r:
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Grade of warrants. º • 3 T • 3 2: • 3
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Act of 1852:
160 acres---------------. -------- 1, 223 195, 680 1, 192 190,720 31 4,960
80 acres------------------------ 1,698 135,840 1, 662 132, 960 36 2,880
40 acres. ----------------------. 9,066 362, 640 8,877 355,080 189 7, 560
Total ------------------------- 11, 987 694, 160 11,731 678, 760 256 15,400
Act of 1855: — - |
160 acres-----------------------. 114,688 18, 350,080 | 109,043 || 17,446,880 5, 645 903, 200
120 acres-----------------------. 96, 988 11, 638, 560 90, 519 || 10,862,280 6, 469 776,280
100 acres. ----------------------- 6 600 5 500 1 100
80 acres-----------------------. 40, 439 3,955, 120 47,981 3,838,480 1,458 116,640
60 acres-----------------------. 359 21, 540 310 18, 600 49 2, 940
40 acres----------------------- 540 21, 600 466 18, 640 74 2,960
10 acres. --------------* - - - - - - - - - - 5 50 3 30 2 20
Total ------------------------- 262,025 33,987, 550 248, 327 | 32, 185,410 13,698 || 1, 802,140
SUMMARY.
Act of 1847 -------------------- ---. 88,252 13,210, 360 86,085 12, 924, 960 2, 167 285, 400
Act of 1850 -----------------------. 189,122 || 13, 166,040 183, 675 12, 814,640 5,447 351,400
Act of 1852 ------------------------. 11,987 694, 160 11,731 678,760 256 15, 400
Act of 1855 --------------...-- * * * * * * * 262,025 | 33,987, 550 248, 327 | 32, 185,410 13,698 || 1,802,140
Total ------------------------- 551, 386 61,058, 110 || 529, 818 58,603, 770 21, 568 2,454, 340



Outstanding warrants June 30, 1882, 21,568, embracing 2,454,340 acres.
CIRCULAR RESPECTING THE LOCATION AND ASSIGNMENT OF BOUNTY
LAND WARRANTS.
IN EFFECT, DECEMBER 1, 1883.
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
July 20, 1875.
TO REGISTERS AND RECEIVERS OF THE UNITED STATES LAND OFFICES:
GENTLEMEN: Section 2414 of the Revised Statutes of the United States, which
statutes embrace all laws, general and permanent in their nature, in force on the 1st
day of December, 1873, provides that “All warrants for military bounty lands which
have been or may hereafter be issued under any law of the United States, and all
valid locations of the same which have been or may hereafter be made, are declared
to be assignable by deed or instrument of writing, made and executed according to
such form and pursuant to such regulations as may be prescribed by the Commissioner
of the General Land Office, so as to vest the assignee with all the rights of the origi-
nal owner of the warrant or location.”
Under the authority conferred by the said section, the following compilation of rules
and regulations governing the assignment of bounty-land warrants is prepared for
the guidance of registers and receivers of district offices in ascertaining the title to
such warrants when the same are presented in payment of entries of public lands,
and for the information of all concerned *
To avoid, as far as possible, complications of land titles arising in consequence of
the location of fraudulent or imperfectly assigned warrants, registers and receivers are
peremptorily enjoined to refuge all warrants presented when the assignments thereof do
not accord in every essential particular with the rules herein prescribed; and in all
cases when the question of title is in doubt they must decline to receive the warrants
until the holders thereof have submitted the same to this office for examination, and
have obtained a favorable decision thereon.
MILITARY AND NAVAL LAND BOUNTIES. 7 13 .
I.—OF ASSIGNMENTS.
1. No assignment of a warrant executed prior to the date of the i88we thereof can be
recognized by this office.—Revised Statutes, section 2436.
2. The assignment is required to be indorsed, as far as practicable, upon the warrant
transferred. Should it be found unecessary in any case to write the entire assignment
on a separate paper, which can only occur when prior assignments have filled entirely the
blank space on the warrant, it must be 80 attached as to show unmistakably that the war-
rant assigned was in the hands of the party making the transfer. In such cases the sig-
nature of the assignor must be affixed in the presence of the officer before whom it is
acknowledged, who must certify that at the date of the assignment the warrant was
presented by and in possession of the assignor. (See Form No. 5.)
3. The same requirement must be observed in the preparation and acknowledgment
of powers of attorney to 8ell or locate bounty-land warrants.
4. Blank assignments are void, and will not be recognized by this office. The name
of an assignee should be written in the assignment before the warrant is sent to the
local or General Land Office.
5. Each assignment must be attested by two subscribing witnesses; the mark of a witness
will not be respected.
6. Parties in interest as assignees are not recognized as legal attesting witnesses to
3. Il *ºnent neither can an officer take an acknowledgment of an assignment to
himself.
7. The execution of assignments is required to be acknowledged by the assignor, in
the presence of a register or receiver of a land office, a judge or clerk of a court of rec-
ord—when authorized to take acknowledgments—a notary public, justice of the
peace, a commissioner of deeds resident in the State from which he derives his ap-
pointment, or a commissioner of a circuit court of the United States, who shall certify
to the fact of the acknowledgment, and to the identity of the assignor; and the offi-
cial seal of said court, notary public, or commissioner shall be affixed to the certifi-
cate. When the acknowledgment is taken before a justice of the peace, or other
officer without dm official 8eal (except a register or receiver of a land office), it must be
accompanied by an additional certificate, under seal of the proper authority, estab-
lishing the official character of the person before whom the acknowledgment was made
and the genuineness of his signature. (See Form No. 15.)
Powers of attorney must be acknowledged in like manner.
8. Assignments executed by whºmarried females must be accompanied by evidence that
they have attained the age of twenty-one years; and when married women assign,
their husbands must unite with them in making the transfer.
9. Assignments executed by a commissioner, or other designated person, alleged to
be acting under a decree of court, must be accompanied by a duly certified copy of
such decree, in which all the proceedings had in the case should be recited, and from
which it must appear that due notice of the pending suit had been given, by publi-
cation or otherwise, to all the parties interested.
10. Where two assignments exist, executed by the same party but made in favor of
different individuals, the person first named as assignee must execute a transfer in
favor of the second grantee, whether the assignment to him had been completed or
not.
11. When the name of a person has been inadvertently inserted in an assignment of a
warrant, and eraged therefrom, there should be filed an affidavit, duly authenticated,
from such person, stating that his name had been erroneously written in said transfer,
and erased with his knowledge and consent, and that he claims no right or interest in the
warrant; when such person cannot be found, the title of the party whose name has
been written over the erasure will not be respected by this office until the validity
thereof has been satisfactorily affirmed by a court of competent jurisdiction. When
the name of a bona fide assignée has been erased from a transfer, an assignment from
said assignee to the present holder of the warrant will be required to perfect the
chain of title to the warrant.
12. When the assignment of a warrant is executed in a foreign country, and the
acknowledgment thereof taken by an officer authorized by the laws thereof to perform
such duties, the attestation of the American consul in such country should be obtained
as to the official character and genuineness of the signature of the person before
whom the acknowledgment of the said assignment was made; or if the official charac-
ter, &c., of such foreign magistrate is attested by a consular agent of such foreign
government residing in this country, his official character must be certified by the
diplomatic representative of such Government in the United States. When such as-
signments are executed in a foreign language, duly authenticated translations thereof
must be furnished. Secretaries of legation and consular officers of the United States
are authorized to take acknowledgments, but they must certify the same under their
official 8eals.
13. When the persons named as warrantees are described in the warrant as being
71.4 MILITARY AND NAVAL LAND BOUNTIES.
minors, their assignments thereof must be accompanied by satisfactory evidence that
they had attained their majority at the date of the transfer.
14. When an assignment has been executed and witnessed, but not acknowledged, it
may be proved in open court, but a certified transcript of the proceedings in the case
must be attached to the warrant; when, however, such assignment has not been prop-
€rly attested, it must be made anew.
15. When an assignment is made by an Indian residing among the whites, the pre-
Scribed form will be adopted, with this single addition, that the officer taking the ac-
knowledgment shall certify that the Indian is capable of contracting, also the amount
paid to him for the warrant, and that he saw the same paid to the Indian.
16. Where it is made by an Indian holding tribal relations, his identity and ability
to contract must be certified by the superintendent of Indian Affairs, or Indian agent,
either of his own knowledge, or on the testimony of the chiefs, certifying to the amount
paid for said warrant, that the same was paid in his presence, and that the transac-
tion was fair and regular. In either case, if the amount paid is not a fair considera-
tion, the assignment will be disregarded.
17. Where a warrant for the services of an Indian is issued, or descends to minors
Who no longer retain their tribal relations, it must be located or sold by a guardian
duly appointed and authorized by the proper court for that purpose.
Where the minor or minors retain there tribal relations, the agent or superintendent
must certify that they are entitled to the warrant under the laws, usages, and customs
of the tribe; and when sold or located, that it was done by the guardian or such proper
representative as, according to said laws, usages, and customs, was fully authorized.
In all cases where the signature of the superintendent or Indian agent is herein re-
quired, the genuineness of the signature of that officer must be attested by the Com-
missioner of Indian Affairs. *
18. Prior to June 3, 1858, military land warrants were regarded as real estate, con-
sequently a transfer of such warrant before that date by an administrator; must be
accompanied by evidence that the same was made in pursuance of an order of court
for the sale of the real estate of the decedent.
But by the act of June 3, 1858, which was re-enacted by section 2444 of the Revised
Statutes, bounty-land warrants were declared to be personal chateles, and as such to
be assignable by the warrantees, by their widows in certain cases, by their heirs or
devisees, or by the legal representatives of the deceased claimant, “for the use of the
heirs or legatees only.”
It follows that the right to assign inures to the assignees of the vendors named
above, and to their heirs, devisees, or legal representatives; but these latter are not
required to assign “for the use of the heirs only.”
19. Where a warrant has been issued in the name of a deceased soldier who had ap-
plied therefor before his death, the title thereto is declared by the said section 2444,
Revised Statutes, to vest in the widow, if there be one, and if there be no widow, then
in the heirs or legatees of the claimant.
20. If the claimant died and left a widow, who also was deceased before the issue
of the warrant, then the title thereto vests in heirs or legatees of the warrantee.
21. To make a warrant issued in the name of a deceased person available, it should
be accompanied by a certificate, under seal, from the proper court having probate juris-
diction, showing the fact of the death of the warrantee at a specified date, and stating
whether he left a widow, giving her name if there was one. If there was no widow,
the said certificate should state whether the warrantee died testate or intestate, and
give the names of all his heirs-at-law, specifying such as are adults and such as are
2002/107°8.
22. If it shall appear from such certificate that the warrantee died before the issue
of the warrant and left a widów, the assignment of such widow, her heirs or legal rep-
resentatives, will be regarded as a sufficient conveyance of the title to the warrant.
23. If the warrantee died after the issue of the warrant, or if he died before such
issue and left no widow, the title vests in his heirs-at-law or legatees.
24. If he died intestate, his heirs, shown to be such by the required certificate of court,
may assign the warrant, the adults for themselves, and the minors by their guardians,
who shall file with the warrant a certified copy of their letters of guardianship, or a
certificate from the clerk of the proper court stating that such letters had been issued
and that they were in force at the date of the assignment.
Or the administrator of the estate of the deceased warrantee, who died intestate, may
assign the warrant “for the use of the heirs only,” upon filing there with a certified tran-
script of the letters of administration, or a certificate from the clerk of the proper
court that the said letters had been issued, and that they were in force at the date of
the assignment. (See Form No. 6.)
25. If the warrantee died testate, a certified transcript of the will must accompany the
warrant. If the will specifically disposes of the warrant, the devisee or devisees may as-
sign, if adults, in the usual form; if minors, by their guardians, as aforesaid. If the will
does not specifically dispose of the warrant, the executor of the estate of the warrantee
MILITARY AND NAVAL LAND BOUNTIES. 715
may assign “for the use of the heirs or legatees only ; ” but in that case a certified tran-
script of the letters testamentary, or a certificate from the proper authority that such
letters had been granted, and were in force at the date of the assignment, must accom-
pany the transfer. (See Form No. 8.)
26. An assignment executed by an administrator de bomis non with the will annexed of
the estate of the deceased warrantee must be prepared in accordance with the Form
No. 8 prescribed to be used by an executor, and accompanied by evidence of his author-
ity to act, as required in the case of an administrator of the estate of a warrantee who
had died intestate. k
II. —AS TO LOCATIONS.
27. Military bounty-land warrants may be located upon any vacant public lands of
the United States that are subject to sale at private entry, and they may be used in
payment of pre-emption claims, or in commutation of homestead entries, even when
the same embraced unoffered lands.
28. A warrant issued to several parties, or assigned to three or more persons, can.
not be located if assigned by one of the owners to another, or to other persons, so as to
invest any one of the parties with a greater interest than any other. In other words,
each owner of a warrant, at the time of its location, must have an equal share or in-
terest therein.
29. A warrant may be located either at a district land office, or through the agency
of this office (Revised Statutes, section 2437). If located at a district office, it must
be accompanied by a tender of the fees to which the register and receiver are entitled,
and by a written application to locate, containing a description of the trates desired,
and signed by the locator or his attorney in fact. If by the latter, his authority to
act must be evidenced by a power of attorney, which must be prepared in accordance
with Form No. 14, and indorsed, if practicable upon the warrant. (See Rule No. 2.)
30. If the location is made through this office, the warrant must be sent to the Com-
missioner with a request that the same be located in a specified land district, and
accompanied by a receipt from the register and receiver for the fees to which they
may be severally entitled under section 2238, Revised Statutes.
31. Each warrant is required to be distinctly and separately located upon a compact
body of land; and if the area of the tract claimed should exceed the number of acres
called for in the warrant, the locator must pay for the excess in cash ; but if it should
fall short, he must take the tract in full satisfaction for his warrant. A person can-
not enter a body of land with a number of warrants without specifying the particular
tract or tracts to which each shall be applied; and for each warrant there must be a
distinct location, certificate, and patent.
32. Where the desired tract is subject to entry at a greater minimum than $1.25 per
acre, the locator, in addition to the surrendered warrant, must pay in cash the difference
between the value of such warrant at $1.25 per acre and that of the said land; or pre-
sent a warrant of such denomination as will, at its legal value of $1.25 per acre, cover
the rated price of the tract, and pay the excess in value of the land, if any, in cash.
For example: A tract of 40 acres of land held at $2.50 per acre may be entered by
the location of a warrant calling for 40 acres and the payment of $50 in cash ; or by
locating thereon a warrant for 80 acres, the 40 acres embraced in the entry being re-
ceived in full satisfaction of the same ; or, a tract containing 80 acres rated at $2.50
per acre may be entered by the location of two 80-acre warrants, or of one for 160
acres, and so on. It will be required, however, in the cºntry of a tract held at a greater
minimum than $1.25 per acre, by the location of two or more warrants, that each warrant
shall be located upon a specific legal subdivision thereof, which legal subdivision shall be
received in full satisfaction of the warrant surrendered therefor; and that the excess
in value of the lands, if any there be, shall in each case be paid in cash. Hence, a
tract containing 40 acres or less, of double minimum lands, cannot be entered by the
location of two 40-acre warrants.
33. A pre-emptor of lands held at $1.25 per acre may enter the tract embraced in his
claim by the location of one, two, or more warrants; but each warrant must be ap-
plied to a specific subdivision thereof; that is, a warrant for 40 acres must be located
upon a described subdivision containing as nearly as possible 40 acres of land; a
warrant for 80 acres upon a tract embracing 80 acres, and so on. Where the pre-emp-
tion claim is composed of lands subject to entry at a greater minimum than $1.25
per acre the rules set forth in the preceding section will apply.
34. When a subdivision is fractional, a warrant approximating nearest the num-
ber of acres embraced therein may be located thereon, but the fractional excess in
area must be paid for with cash, and will be conveyed in the same patent with the
lands covered by the location of the warrant; a legal 8wbdivision, however, other than
those entered by the location of the warrant, will not be regarded as a legitimate
fractional excess over such location, but will be required to constitute a separate entry.
Thus a person will not be permitted to make one entry of a quarter section of land by
the location of a warrant for 120 acres and a cash payment for the remaining subdi-
VISIOD.
716 MILITARY AND NAVAL LAND BOUNTIES.
35. Registers and receivers of the local land offices are entitled to the following
fees for their services in locating warrants, and the several amounts mentioned must
be paid at the time of location : g
For a 40-acre warrant, $0.50 each to the register and receiver; total, $1.
For a 60-acre warrant, $0.75 each to the register and receiver; total, $1.50.
For an 80-acre warrant, $1 each to the register and receiver; total, $2.
For a 120-acre warrant, $1.50 each to the register and receiver; total, $3.
For a 160-acre warrant, $2 each to the register and receiver; total, $4.
36. In all cases the patent will be transmitted to the local office where the location
was made, for delivery by the register, unless the duplicate certificate of location
shall have been previously filed in this office with a request that the patent be deliv-
ered as requested by the person sending the same; and in no case will the patent be
delivered, either by this or the local land office, unless upon receipt of the duplicate
certificate of location, or of an affidavit of ownership of the lands conveyed by the
patent, and of the loss or destruction of the said duplicate certificate.
III.-MISCELLANEOUS PROVISIONS.
37. Bounty-land warrants for military services, granted under general laws, are
issued only by the Commissioner of Pensions; and persons supposing themselves enti-
tled to such warrants should address their applications therefor to that officer.
38. Neither bounty-land warrants nor the lands entered therewith are liable to be
sold or made subject to the payment of any debt or claim incurred by the warrantees
until after the issue of the patent. (Revised Statutes, section 2436.)
39. Warrants that may have been reissued under the provisions of Revised Stat-
utes, section 2441, are subject to the same rules respecting assignments that apply to
original warrants; but, in default of an assignment from the warrantee, a decree of
title must be obtained from a court of competent jurisdiction, and a transcript thereof
appended to the reissued warrant.
40. When an entry, made by the location of a warrant properly assigned to the loca-
tor, has been canceled, the warrant will be returned, with a certificate attached
thereto authorizing its relocation by the said locator or his assignees, without a
further payment of location fees. In no case, however, will such a certificate be at-
tached to a warrant the assignments whereof are not such as would receive the ap-
proval of this office if presented for that purpose.
41. When a valid entry is withheld from patent on account of the objectionable
character of the warrant located thereon, the parties in interest may procure the issue
of a patent by filing in the office for the district in which the lands are situate an
acceptable substitute for the said warrant. The substitution must be made in the
name of the original locator, and may consist of a warrant, cash, or any kind of 8cript
legally applicable to the class of lands embraced in the entry. Two warrants cannot
be substituted for the one originally located, nor will any payment be received that
would destroy the identity of the entry.
42. A five-cent internal-revenue stamp is required to be affixed to each assignment and
certificate—excepting certificates of acknowledgment—and a fifty-cent stamp to each
†† of attorney executed and issued after October 1, 1862, and prior to October 1,
43. Each warrant transmitted, to this office for the purpose of obtaining the Com-
missioner's official approval of the assignments thereof must be accompanied by the
sum of one dollar, the legal fee for a certificate of verification; and each assignment
indorsed upon or attached to such warrant must contain the name of an assignee,
If a certificate of approval should be attached to the warrant, a blank form of as-
signment will accompany the same, which may be used in making a subsequent trans-
fer.
S. S. BURDETT,
Commissioner.
FORM No. 1.
For the assignment of a warrant by the warrantee.
For value received I, A B, to whom the within warrant, No. —, was issued, do
hereby sell and assign unto C D, of county, , and to his heirs and assign-
ees forever, the said warrant, and authorize him to locate the same and receive a
patent therefor.
Witness my hand and seal this — day of
, 187—.
A. B. [SEAL.]
Attest:
E E.
G. H.
See Rules Nos. 2 and 5.
MILITARY AND NAVAL LAND BOUNTIES. 717
FORM No. 2.
Of acknowledgment where the vendor is known to the officer taking the 8ame.
STATE OF j
County, 88:
On this — day of , 187—, before me, personally came A B, to me well known,
and acknowledged the foregoing assignment to be his act and deed, and I certify that
said A B is the identical person to whom the within warrant issued, and who exe-
cuted the foregoing assignment thereof.
See Rule No. 7.
(Officer's signature.)
FORM No. 3.
Of acknowledgment where the vendor is not known to the officer, and his identity has to be
proven.
STATE OF y
County, 88:
On this day of , 187—, before me personally came A B and E F, of the
county of , in the State of , and the said E. F., being well known to me as
a credible and disinterested person, was duly sworn by me, and on his oath declared
and said that he well knows the said A B, and that he is the same person to whom
the within warrant issued, and who executed the foregoing assignment; and his tes-
timony being satisfactory evidence to me of that fact, the said A B thereupon acknowl-
edged the said assignment to be his act and deed.
(Officer’8 signature.)
FORM No. 4.
Ifor the assignment of a warrant by the assignee. -
For value received I, C, D, to whom the within warrant, No. —, was assigned, do
hereby sell and assign unto E F, of F-- county, -—, and to his heirs and assigns
§: the said warrant, and authorize him to locate the same and receive a patent
therefor.
Witness my hand and seal this — day of , 187—.
Attest:
G. H.
I J.
See Rules Nos. 2 and 5.
C D. [SEAL.]
ForM No. 5.
For the certificate of acknowledgment of an assignment when the 8ame is written on a sepa-
rate paper and attached to the warrant.
STATE OF y
—— County, 88:
On this — day of , 187—, before me personally came ——, to me well
known, and acknowledged the foregoing assignment to be — act and deed, and in
my presence this day subscribed — name thereto; and I certify that the said
is the identical person to whom the annexed warrant, No. —, was assigned, and
that the said warrant, at the time of making the foregoing assignment, was presented
by and in the possession of him, the said ——.
—. [SEAL.]
See Rules Nos. 2 and 7.
FORM No. 6.
For the assignment of a warant by an administrator.
For value received I, A B, administrator of the estate of CD, deceased, who died in-
testate, to whom the within warrant, No. —, was issued, do hereby sell and as-
sign, “for the use of the heirs only,” unto E F, of county, , and to his
heirs and assigns forever, the said warrant, and authorize him to locate the same and
receive a patent therefor.
Witness my hand and seal this — day of , 187—.
A B, LSEAL.]
Administrator.
Attest : *
G. H.
I J.
See Rule No. 24.
NOTE.-A certified copy of these letters of administration must accompany this as-
signment, or a certificate filed from the clerk of the proper court that said letters had
been duly issued and were in force at the date of the assignment.
If the date of the death of the warrantee is not stated in the letters of administra-
tion, or other evidence as above mentioned, the same must appear in the clerk's certificate
appended thereto. *
718 MILITARY AND NAVAL LAND BOUNTIES.
FORM No. 7.
For the acknowledgment.
STATE OF º
- County, 88 :
On this — day of , 187—, before me personally came ——, to me well
known, and acknowledged the foregoing assignment to be — act and deed, and in
my presence subscribed — name thereto; and I certify that the Said is adminis-
trator of the estate of the warrantee —, deceased, to whom the within warrant,
No. , was issued, and who executed the foregoing assignment thereof.
Witness my hand and official seal the day and year above Written. -
(Officer's Signature.)
NoTE—In assignments made by an administrator of the estate of a deceased assignee
the words “for the use of the heirs only” may be omitted, but in all other respects the
foregoing form of assignment and acknowledgment will be required.
FORM No. 8.
For the assignment of a warrant by an executor.
For value received I, A B, executor of the estate of CD, deceased, who died testate,
to whom the within warrant, No. —, was issued, do hereby sell and assign (“for
the use of the heirs only,” “ or for the use of the legatees as mentioned in the will,” as the cast:
may be), unto E F, of county, State of , and to his heirs and assigns for-
ever, the said warrant, and authorize him to locate the same and receive a patent
therefor.
Witness my hand and seal this — day of
, 187—.
A B, [SEAL.]
Eacecutor.
Attest:
G. H.
I j."
(See Rule No. 25.)
NOTE–A certified copy of the will, and also of the letters testamentary or other proper
evidence, under the seal of said court, showing that said executor was duly appointed
and authorized to act as such at the date of 8aid assignment, must accompany the same.
If the date of the death of the warrantee is not stated in the letters testamentary or
other evidence, as above mentioned, it must appear in the certificate of the clerk ap-
pended thereto, as taken from the records of said court. The certificate of the ac-
knowledgment may be the same as in Form No. 7, except that the word “executor” must
be used instead of “administrator.”
FORM No. 9.
For the assignment and acknowledgment of a warrant by the heirs at law of a deceased
^warrantee. -
For value received we, A B, C, D, and E F, the only heirs at law of G H, deceased,
to whom the within warrant, No. —, was issued, do sell and assign unto IJ, of,
county, State of , and to his heirs and assigns forever, the said warrant,
and authorize him to locate the same and receive a patent therefor.
Witness our hands and seals this — day of , 187—.
- —. [SEAL.]
— —. [SEAL.T
— — . [SEAL.]
Attest:
K L.
M. N.
(See Rule No. 24.)
FORM No. 10.
For the acknowledgment.
STATE OF
5
County, 88:
On this — day of , 187—, before me personally came A B, C D, and E F,
to me well known, and acknowledged the foregoing assignment to be their act and
MILITARY AND NAVAL LAND BOUNTIES. 719
deed, and I certify that the said A B, C D, and E F are the identical persons named
in the attached certificate * as the only heirs at law of said warrantee, deceased, and
who executed the foregoing assignment thereof.
Witness my hand and official seal the day and year above written.
(Officer's signature.)
NOTE.-For the evidence of the death and heirship above mentioned it will be necessary
to procure and attach a certificate, under seal, from a court having probate jurisdiction,
showing that it has been proven to the satisfaction of said court, in open court, that
Said warrantee, E H, is dead, the date of his death, whether he died testate or intes-
tate; whether or not he left a widow, and who are his heirs and only heirs at law,
with their respective ages. If any of such heirs are femme coverts, their husbands must
join in the assignment. [35. This rule will apply to all assignments made by married
WOIſleIl.
Form NO. 11.
For the assignment of a warrant by a guardian.
For value received I, A B, guardian of the person and estate of C D, a minor war-
rantee, to whom the within warrant, No. , was issued ( or “a minor heir at law,
as mentioned in the attached certificate—see the note following Form No. 10), do hereby
sell and assign, for the benefit of said minor, unto E F, of the county of , State of
, and to his heirs and assigns forever, the said warrant, and authorize him to
locate the same and receive a patent therefor.
Witness my hand and seal this — day of , 187—.
- -* , [SEAL.]
Guardian.
Attest :
G. H.
I J.
(See Rule No. 24.)
FORM NO. 12.
For the acknowledgment.
STATE OF y
- County, 88 :
On this — day of , 187—, before me personally came , to me
well known, and acknowledged the foregoing assignment to be his act and deed, and
in my presence subscribed his name thereto, and I certify that the said
is guardian of the person and estate of said minor, and who executed the foregoing
assignment thereof.
Witness my hand and official seal the day and year above written.
© (Officer's signature.)
NoTE.—A certified copy of the letters of guardianship, or other legal evidence under
the seal of the probate court, showing that the said guardian was duly appointed
and authorized to act as such at the date of 8aid assignment, must accompany the same.
FORM NO. 13.
Of a power of attorney to 8ell a warrant. - e
Know all men by these presents, that I (here insert the name of the warrantee or owner
of the warrant), of the county of , in the State of , do hereby constitute
and appoint , of the county of , in the State of , my true and
lawful attorney, for me and in my name, to sell and convey the within land warrant,
No. —, for acres, issued under the act of , 18–
Witness my hand and seal this — day of , 187—.
(Warrantee’8 or owner's signature.) [SEAL.]
Signed in presence of
A B.
C. D.
See Rules Nos. 2 and 3.
NOTE.—The form of acknowledgment of a power of attorney must be the same as for
the sale of the warrant, and both must be indorsed upon the warrant if there is suf-
ficient blank space thereon that can be used for that purpose; otherwise, it must be
certified to as in the certificate of acknowledgment stated in Form No. 5.
720 MILITARY AND NAVAL LAND BOUNTIES.
FORM NO. 14.
For a power of attorney to locate a warrant.
Know all men by these presents, that I (here insert the name of the warrantee or as-
8ignee), of the county of , in the State of , do hereby constitute and ap-
point A B, of the county of , in the State of , my true and lawful
attorney, for me and in my name, to locate land warrant No. —, for 3,OI’e:S
of land, which issued under the act of —, 18—. -
Witness my hand and seal this — day of , 187—.
(Warrantee's or assignee's name.) [se:AL.]
Signed in presence of
C ID.
E. F.
See Rules Nos. 2, 3, and 29.
FORM No. 15.
Of the certificate of the clerk of the court, judge, or other person who is authorized to certify,
wnder 8eal, to the official character of the officer who takes acknowledgments of assign-
7776??t3.
$TATE OF }
County, 88:
I, A B, clerk of the court , in the county and State aforesaid, hereby certify
that John Jones, whose genuine signature is affixed to the above acknowledgment,
Was, at the time of assigning the same, a justice of the peace (notary public or other
officer), duly authorized by law to take such acknowledgment, and that full faith and
Credit are due to all his official acts as such.
Given under my hand and the seal of said court this — day of , 187.-
A B, Clerk. [SEAL. J
See Rule No. 7.
NOTE.--Where any acknowledgment is taken before a clerk of a court, judge, notary
public, or other officer duly authorized by law, with their respective official 8eals affixed,
the above certificate will not be required. Nor is such certificate required when the
acknowledgment is taken before a register or receiver of a United States land office.
The following sections of the Revised Statutes of the United States refer to the assign-
ment of military bounty-land warrants and locations made there with ; and to the
application of such warrants to the location of public lands, viz:
Military boun. SEC. 2414. All warrants for military bounty lands which have been
ty-land warrants or may hereafter be issued under any law of the United States, and all
and lººtions * valid locations of the same which have been or may hereafter be made,
signable. are declared to be assignable by deed or instrument of writing, made
22 March, 1852, and executed according to such form and pursuant to such regulations
c. 19, s.l., v.19, p.3, as may be prescribed by the Commissioner of the General Land Office,
8 * :*.lsº ... so as to vest the assignee with all the rights of the original owner of
ºb." " ' ' " “the warrant or location.
Warrants loca. SEC. 2415. The warrants which have been or may hereafter be issued
ted at $1.33: ex in pursuance of law may be located according to the legal subdivisions
: P* * of the public lands in one body upon any lands of the United States sub-
” ject to private entry at the time of such location at the minimum price.
22 March, 1852, When such warrant is located on lands which are subject to entry at a
c. 19, B. 1, V. 10, greater minimum than one dollar and twenty-five cents per acre, the
p. 3. locator shall pay to the United States in cash the difference between
the value of such warrants at one dollar and twenty-five cents per acre
and the tract of land located on. But where such tract is rated at one
dollar and twenty-five cents per acre, and does not exceed the area
Specified in the warrant, it must be taken in full satisfaction thereof.
Death of claim. SEC. 2444. When proof has been or hereafter is filed in the Pension
ànà, after, estab; Office, during the life-time of a claimant, establishing, to the satisfac-
|...; # *} tion of that office, his right to a warrant for military services, and such
Warrant. * “warrant has not been, or may not be, issued until after the death of the
— claimant, and all such warrants as have been heretofore issued subsequent
3 June, 1858, c. to the death of the claimant, the title to such warrants shall vest in
# ** Y " P. his widow, if there be one, and if there be no widow, then in the heirs
- or legatees of the claimant; and all military bounty-land warrants
issued pursuant to law shall be treated as personal chattels, and may
be conveyed by assignment of such widow, heirs, or legatees, or by the
legal representatives of the deceased claimant, for the use of such heirs
or legatees only.
Two, THREE, AND FIVE PER CENT. FUNDs. 721
SEC. 2277. All warrants for military-bounty lands, which are issued Military boun-
under any law of the United States, shall be received in payment of ty-land warrants
pre-emption rights at the rate of one dollar and twenty-five cents per . for
acre, for the quantity of land therein specified; but where the land is ...” P”
rated at one dollar and twenty-five cents per acre, and does not exceed –
the area specified in the warrant, it must be taken in full satisfaction , 22 March, 1852,
thereof. - c. 19, s. 1, Y. 10.
SEC. 2436. All sales, mortgages, letters of attorney, or other instru- 'sies. mortga-
ments of writing, going to affect the title or claim to any warrant ges, letters of at-
issued, or to be issued, or any land granted, or to be granted, under the i. &c., made
preceding provisions of this chapter, made or executed prior to the º §
issue of such warrant, shall be null and void to all intents and purposes j
whatsoever; nor shall such warrant, or the land obtained thereby, be in
anywise affected by, or charged with, or subject to, the payment of
any debt or claim incurred by any officer or soldier, prior to the issuing
of the patent.
Sec. 2238. registers and receivers, in addition to their salaries, shall
be allowed each the following fees and commissions, namely:
º * * 3. $$. * %
28 Sept., 1850,
c. 85, S. 4, v.-9, p.
521.
Fees and com-
missions of regi-
ter and receiver.
Fifth. For locating military bounty-land warrants issued since the 22 March, 1852,
eleventh day of February, eighteen hundred aud forty-seven, and for c. 19, s. 2, v. 10,
locating agricultural college land-scrip, the same commission, to be P.” &
e * * * * * ' ºf a twº fººt g ~! tº 2 July, 1862, c.
paid by the holder or assignee of each warrant or scrip, as is allowed 186". "#, vº P.
for sales of the public lands for cash, at the rate of one dollar and 505.
twenty-five cents per acre.
IFORMS USED AND PROCED URE IN DISTRICT LAND OFFICE.
In pre-emption entries or commutation of homesteads, military bounty-land war-
rants can be used as cash. Where cash is paid in excess of acreage of warrants, the re-
ceiver issues duplicate receipts, one for claimant, one for the files, and a joint certifi-
cate of location by register and receiver is issued. (See rules 27 et seq., above, as to
details of method of location under settlement or cash purchase laws. See also “Ex-
isting Methods of Disposition,” chap. XXXII, and addenda.)
*
TWO, THREE, AND FIVE PER CENT, FUNDS.
[See Chapter XV, pages 238, 239, 1251.]
To JUNE 30, 1882.
Statement of the amounts which have accrued to the following named States on account of the
two, three, and five per cent. upon the net proceeds of the sales of public lands to June 30,
1882, inclusive. -
| | i
Name of State. Two per cent. Three per cent. | Five per cent. Aggregate.
Alabama. ---------------------------- $405, 178 81 $607, 678 22 . . . . . . . . ... $1, 012, 857 03
Arkansas -------...-----------------------------------|---------------. $232, 317 03 232, 317 03
Colorado ------. -------------------- |----------------|--------------- 9, 589 73 9, 589 73
Florida ------------------------------|----------------|--------------- 33, 162 27 33, 162 27
Iowa---------------------------------|----------------|--------------- 626,075 16 626, 075 16
Illinois. -----------------------------|------------ . . . . 712,744 82 - - - - - - - - - - - - - | 712,744 82
Indiana ----------------------------- ---------------. 618, 277 50 . . . . . . . . . | 618, 277 50
Kansas ------------------------------|--------------- |--------------- 346, 318 24 346, 318 24
Louisiana --------------------------------------------|---------------- 315,676 36 315,676 36
Michigan ------------...-------------|----------------|---------------- 484, 645 04 .484, 645 04
Minnesota . . . . . . . . . . -----------------|----------------|------ * * * * * * * * * * 148,854 92 148,854 92
Mississippi . . . . . . . . . . .--------------. 395, 528 64 601, 377 86 - - - - - - - - - - - - - - - - i 996, 906 50
Missouri. ------------------. . . . . . --. 15, 587 78 535, 836 05 |... . . . . . . - - - - - - - ' 551, 423 83
Nebraska ----------------------------|-------------------------------- 137, 685 79 137, 685 79
Nevada ...----------------------------|----------------|---------------- 8,319 84 8, 319 84
Ohio ... ----------------------------|--------------- 596,634 10 | . . . . . . . . . . . . . . . . ! 596,634 10
Oregon . . . . . . . . ---------------------|----------------|---------------- 34, 911 09 34,911 09
Wisconsin . . . . . . . . . . . . . . . . . . . . . . -----|----------------|---------------. 466, 670 51 466,670 51
Total ------------------------. 816, 295 23 3, 672, 548 55 2, 844, 225 98 7, 333,069 76
|

46 L O—WOL III
722 TWO, THREE, AND FIVE PER CENT. FUNDS.
FIVE PER CENT. FUND.
The following opinion, by the Hon. A. G. Porter, First Comptroller of the Treasury,
as to the claim of the State of Kansas for five per cent. of the net proceeds of sales of
public lands within her borders, contains much historical matter pertinent to the sub-
ject. It is given in full. The amount held to be due was paid.
[Senate Ex. Doc. No. 185, Forty-sixth Congress, second session.]
Letter from the Secretary of the Treasury, transmitting, in response to resolution of the Sen-
ate of the 18th instant, information relatire to what action has been taken in the matter of
the claim of the State of Kansas for five per centum of the met proceeds of sales of public
lands in that State.
MAY 25, 1880.—Referred to the Committee on Appropriations and ordered to be printed.
Titº Asu RY DEPARTMENT, May 22, 1880.
Hon. WILLIAM A. WHEELER,
- President of the Senate:
SIR: I have the honor to acknowledge the receipt of a resolution of the Senate of
the 18th instant as follows: -
“Resolved, That the Secretary of the Treasury be directed to inform the Senate what
action has been taken by the Treasury Department in the matter of the claim of the
State of Kansas for five per centum of the net proceeds of sales of public lands in that
State.”
In reply thereto I have to state that the claim has been examined by the account-
ing officers and the sum of $190,268.27 found to be due the State of Kansas, which can-
not be paid without an appropriation by Congress.
A copy of the opinion of the First Comptroller of the Treasury in the case, together
with a copy of his letter of the 17th instant upon the subject, which were furnished to
the House Appropriation Committee on the 18th instant, are here with inclosed.
As the claim was allowed subsequent to the date of the annual report of claims made
to Congress under the provisions of section 4 of the act June 14, 1878 (20 Stat., 130), it
will be included in the report to be made at the next regular session of Congress.
Very respectfully, -
JOHN SHERMAN, Secretary.
Opinion of the Hon. A. G. Porter, First Comptroller of the Treasury, in the matter of the
claim of the State of Kansas for five per centum of the net proceeds of sales of public lands
in 8aid State.
TREASURY DEPARTMENT,
FIRST COMPTROLLER's OFFICE,
Washington, D. C., May 6, 1880.
The State of Kansas has presented a claim against the United States amounting to
$190,566.08, being for five per cent. on the net proceeds of sales from the 29th of Jan-
uary, 1861, to the 30th of June, 1877, inclusive, of lands within the limits of that
State heretofore embraced in Indian reservations. The reservations were known as
the Shawnee Absentee, Miami, Kansas Trust, Kansas Trust and Diminished Reserve,
Osage Ceded, Osage Trust and Diminished Reserve, New York Indian, and Cherokee
Strip. The entire claim has been allowed by the Commissioner of the General Land
Office, and the account is now before this office for examination.
The claim is founded upon the fifth clause of section three of the act for the admis-
sion of Kansas into the Union, approved January 29, 1861. That clause enacts that
five per centum of the net proceeds of sales of all public lands lying within said State
which shall be sold by Congress after the admission of the State into the Union, after
deducting all expenses incident to the same, shall be paid to said State for the pur-
pose of making public roads and internal improvements, or for other purposes, as the
legislature shall direct.
The clause is subject to the condition that the State shall never interfere with the
primary disposal of the soil within the same by the United States, or with any regu-
lations Congress may find necessary for securing the title in the soil to bona-fide pur-
chasers thereof, and that the State shall never tax the land or property of the United
States therein.
The case turns upon a proper answer to be given to the question, what lands were
“public lands lying within said State” within the meaning of this clause:
At the date of the passage of the act there were Indian reservations within the
exterior limits of the State which embraced about 13,800,000 acres. Of these lands,
Two, THREE, AND FIVE PER CENT FUNDs. 723
1,824,000 acres had been assigned to the New York, Indians under a stipulation by
treaty that the same should never be included within any State or Territory of the
Union. Eight hundred thousand acres had been sold in fee to the Cherokee Indians,
and formed into a reservation known as the Cherokee Neutral Lands. They were
held under an agreement that they were at no future time, without the consent of the
Indian owners, to be included within the Territorial limits or jurisdiction of any State
or Territory. And 74,937 acres were occupied by the Ottawa tribe of Indians under
an engagement similar to that under which the Cherokee Neutral Lands were held.
The two last-mentioned reservations have no connection with this account.
The reservation of the New York Indians was ceded to them by the treaty of Jan-
uary 15, 1838 (7 Stat., 550). This treaty granted to them in fee simple 1,824,000 acres
of land, being 310 acres for each person, as their numbers were then computed. The
grant was made subject to the condition, however, that such of the tribes of the New
York Indians as did not agree to remove to the country set apart for their new homes
within five years, or such other time as the President might appoint, should forfeit to
the United States all interest therein. Only thirty-two of the Indians removed to the
reservation and fulfilled the conditions of the treaty. To them were issued certifi-
cates of allotment for 10,215.63 acres, which was as nearly 320 acres to each allottee
as tlie location of the allotments would permit. On the 16th of June, 1860, the Secre-
tary of the Interior decided that the remainder of the 1,824,000 acres had been for-
feited by the Indians in consequence of their failure to occupy it, and that it was there-
fore still public land. The State has already received five per cent. of the proceeds of
that part of the forfeited tract which has been sold since the admission of the State.
The account under examination applies only to the 10,215.63 acres of their reservation,
being the alloted lands above mentioned.
A small part of the Indian reservations in the State at the passage of this act con-
sisted of lands the fee simple of which, under the provisions of treaties made by the
United States with these tribes, belonged to the tribes occupying them.
The rest of the lands included within Indian reservations were held by the tribes
occupying them in the manner in which lands have usually been held by Indians
occupying reservations. This title is popularly known as the “Common Indian Title.”
In lands of the last-named class, the Indians have no other title than a mere right
of occupancy. The fee is in the United States subject only to such right of occu-
pancy. (United States v. Cook, 19 Wallace, 591.) The possession, when abandoned by
the Indian occupants, attaches itself to the fee without further grant. (Id.) So
restricted is their estate that, though they may clear the lands of timber to such an
extent as may be reasonable for a profitable use for agriculture, and may sell the tim-
ber thus removed, they may not sever timber except for this use. They may not
sever it for the purpose exclusively of sale. If they do, the severance is wrongful,
and the timber, when cut, becomes the absolute property of the United States. (Id.)
In the case just cited an action of replevin was maintained by the United States
against a purchaser to recover possession of logs thus severed, as having been cut and
carried away from public lands of the United States. The court said: “That the
United States may maintain an action for cutting and carrying away timber from the
public lands was decided in Cotton v. The United States. The principles recognized
in that case are decisive of the right to maintain this action.” “The United States
may at its pleasure dispose of these lands to whomever it may choose, subject only to
this right of occupancy.” (Beecher v. Wetherby, 95 U. S. Reports, 517.)
JThe right of the United States to dispose of the fee of lands occupied by Indians
under the common Indian title has always been recognized by the courts of the
United States from the foundation of the Government. Thus, a grant of the sixteenth
section of the public lands in every township in the State of Wisconsin was held to
include whatever became the sixteenth section in every township then embraced in
Indian reservations, as such townships and sections should turn out to be, after the
º occupancy ceased and they had been surveyed. (Beecher v. Wetherby, above
cited.
Not only have the courts uniformly decided that lands held by the common Indian
title are public lands, but that they are such has been repeatedly assumed in the leg-
islation of Congress. Two only, among many instances, will be cited.
By a resolution of April 10, 1869 (16 Stats., 55), provision was made for the sale to
actual settlers of land of the Great and Little Osages; and it was also provided that
sections 16 and 36 should be reserved for school purposes “in accordance with the
provisions of the act of admission.” They were, as part of the “public lands” with-
in the State, and by no other or clearer designation, granted by the act of admission
for school purposes.
By an act passed March 2, 1855, entitled “An act to settle certain accounts between
the United States and the State of Alabama,” the Commissioner of the General Land
Office was required to include in the accounts the several reservations under the va-
rious treaties with the Chickasaw, Choctaw, and Creek Indians within the limits of
--~~
724 Two, THREE, AND FIVE PER CENT. FUNDs.
Alabama, and allow and pay to that State five per centum thereof as in case of sales;
and by an act of March 3, 1857, the Commissioner was also directed to state an account
between the United States and ach of the other States upon the same principles,
and to allow and pay to each State such amount as should thus be found due, esti-
mating all lands and permanent reservations at $1.25 an acre.
Not only were the reservations mentioned in this act treated as public lands, but a
policy seems to have been adopted by Congress of paying to States in which public
lands were situate five per cent. of the estimated value of such as were contained in
reservation's, where a considerable period might be expected to elapse before the In-
dian titles would be extinguished.
Lands, therefore, held by Indians in reservations by the common Indian title are
public lands. They will pass, subject only to the Indian right of occupancy, by a
grant of public lauds by the United States; and in the absence of language evincing
a different intent, a grant to a State by Congress of five per cent. of the proceeds
of sales of the public lands within the State will be held to include five per cent. of
the proceeds of sales of lands held by Indians by the common Indian title.
There is a provision in the act for the admission of Kansas that nothing contained
in the constitution of the State respecting the boundary thereof shall be construed to
impair the rights of person or property pertaining to the Indians in said Territory, so
long as such rights shall remail linextinguished by treaty between the United States
and such Indians, or to affect the authority of the Government of the United States
to make any regulation respecting such Indians, their lands, property, or other rights
by treaty, law, or otherwise, which it would have been competent to make if the act
had never passed.
This provision evinces no intent on the part of Congress to exclude Indian lands
from the list of public lands, five per centum of the net proceeds of which the act
directs shall be paid to the State of Kansas for the purposes therein named. It does
not say that Indian lands shall not be held to be public lands within the act ; it does
not vest in the Indians a title more extensive than they had theretofore possessed;
and it precedes the clause which declares that five per centum of the net proceeds of
all public lands lying within said State shall be paid to the State for the purposes
specified. The provision was meant merely to retain in Congress and the treaty-
making power exclusive jurisdiction to make regulations with respect to the property
and other rights of Indians within the State without interference by the State. (See
§ of the Attorney-General addressed to the Secretary of the Interior, January
21, 1880.) -
The grant of the five per centum having been made, it could not afterwards be re-
voked. The right of the State became, by the grant, a wested right which Congress
could not recall. By treaties, made after the admission of the State with the several
tribes who occupied these lands, it was stipulated that the net proceeds of the sales
of all but one of the reservations, viz, the Kansas Trust, should be invested by the
United States for the benefit of the respective tribes. Without doubt, these treaties,
together with subsequent acts of Congress passed to carry out their provisions, enti-
tled these tribes to a sum equal to these net proceeds; but they did not destroy the
antecedent right of the State of Kansas to the five per cent. which had been granted
when the United States, holding the fee in said lands, had capacity to make the grant,
and made it without provision for any subsequent limitation. º
The disposition of Congress with respect to lands lying within the States, the pri-
mary disposal of which belonged to the United States, seems to have grown more and
more liberal as new States have been admitted. -
Thus, on the admission of Michigan into the Union, seventy-two sections were set
apart for the use and support of a university. Previously, upon the admission of new
States, thirty-six sections only had been set apart for a like purpose. On the admis-
sion since of each successive new State in which there were public lands seventy-two
Sections have been set apart for the use of a university.
Prior to the admission of Minnesota one section only in a Congressional townsbip
had ever been set apart for the use of schools, but on that State becoming a member
of the Union, two sections in each township were reserved for schools, and a similar
grant has been made, on its admission, to each succeeding new State.
Before the admission of Michigan four sections had usually been granted for the erec-
tion of public buildings at the seat of government. Five sections were given to that
State for that purpose, and a like number afterward to the new State of Iowa.
Subsequently, upon the admission of Wisconsin, Oregon, and Kansas, ten sections
were granted for a like use, and twenty subsequently to the States of Nevada, Ne-
braska, and Colorado.
On the admission of Nevada, twenty sections were granted for the erection of a
penitentiary. In previous statutes admitting States no grant had been made for such
a use. When Nebraska and Colorado were admitted, fifty sections were granted to
each for a like object. *
Two, THREE, AND FIVE PER CENT. FUNDs. 725
In the light of this legislation and of the clear provisions of the act for admitting
Kansas, it would appear to be doing violence to the terms of the act and to the policy
of Congress to construe the five per cent. clause to be applicable only to lands to which
the Indian title had been extinguished prior to the admission of the State.
The gross amount realized from the sale of the eight reservations included in the
present account is $3,866,036.03. The expenses of sale were $54,714.34. The net pro-
ceeds, therefore, are $3,811,321.69; five per cent. of which is $190,566.08—the amount
reported to this office by the Commissioner of the General Land Office as owing to
the State. But from this sum must be deducted five per cent. of the net proceeds of
the sale of the New York Indian Reservation. " The Indians did not hold the lands
included in this reservation by mere right of occupancy. The lands were not public
lands, because the United States, before the admission of the State, had granted the
fee to said Indians, and had therefore no further estate in them. The United States,
in effecting the sale of these lands, acted merely in the capacity of an agent. The
State of Kansas cannot set up a claim to five per cent. of the net proceeds of the sales
of these lands. -
There must also be deducted from the sum allowed by the Commissioner five per
cent. of the net proceeds of the sales of the Kansas Trust Reservation. Before the
admission of Kansas the United States had engaged by treaty that, when these lands
should be sold, the proceeds of the sales should be paid to the Indian occupants. From
the time that this engagement was made, the United States became a trustee, holding
merely a naked legal title, the beneficial interest being in the Indians. The lands
then ceased to be public lands.
The net proceeds of the sale of the New York Indian lands were $3,956.73, five per
cent. of which is $197.84. The net proceeds of the sale of the Kansas Trust Reserva-
tion were $1,999.48, five per cent. of which is $99.97. This sum, together with the five
per cent, upon the net proceeds of the sales of the New York Reservation, being
deducted from the amount found due the State by the Commissioner of the General
Land Office, a balance remains of $190,268.27, which amount I find to be due to the
State of Kansas upon this account. - &
It has been assumed, in considering this claim, that the clause in the act for the
admission of Kansas which declares that five per cent. of the net proceeds of the sales
of all public lands lying within said State shall be paid to the State, carried with it
an appropriation of that amount. In the acts containing a like provision with respect
to sales of public lands in other States, the clause has uniformly been held, in the
Treasury Department, to contain an appropriation. Section 3689 of the Revised
Statutes, which establishes permanent annual appropriations for the payment to cer-
tain States of five per centum of the net proceeds of sales of public lands lying within
their limits, treats clauses in the acts for the admission of Wisconsin, Minnesota,
Oregon, and Nevada, expressed in precisely the same terms, as carrying an appropri-
ation. That section does not, however, include Kansas in the list of States for which
an appropriation is there provided, and it is the only section in those statutes that
makes appropriations for payment to States of five per cent. of the proceeds of the
public lands therein. t
The act for the admission of Kansas does not seem to have entirely escaped the
notice of the revisers, for the substance of some of its provisions has been incorpo-
rated into their revision.
A question might, therefore, arise whether the five per cent. appropriation in the
Kansas act is not repealed by the first clause of section 5596 of said revision. The two
Sections that are relevant to the question are as follows:
“SEC. 5596. All acts of Congress passed prior to said first day of Drcember, one
thousand eight hundred and seventy-three, any portion of which is embraced in any
section of said revision, are hereby repealed, and the section applicable thereto shall
be in force in lieu thereof; all parts of such acts not contained in such revision hav-
ing been repealed or superseded by subsequent acts, or not being general and perma-
ment in their nature: Provided, That the incorporation into said revision of any general
and permanent provision, taken from an act making appropriations, or from an act
containing other provisions of a private, local, or temporary character, shall not re-
peal or in any way affect any appropriation, or any provision of a private, local, or
temporary character contained in any of said acts, but the same shall remain in force;
and all acts of Congress passed prior to said last-named day, no part of which are
embraced in said revision, shall not be affected or changed by its enactment.
“SEC. 5597. The repeal of the several acts embraced in said revision shall not affect
any act done, or any act accruing or accrued, or any suit or proceeding had or com-
menced in any civil cause before the said repeal, but all rights and liabilities under
said acts shall continue, and may be enforced in the same manner as if said repeal
had not been made; nor shall said repeal in any manner affect the right to any office
or change the term or tenure thereof.” * .
It will be observed that the reason given in the first section for treating as repealed
726 Two, THREE, AND FIVE PER CENT. FUNDs.
all acts of Congress passed prior to December 1, 1873, any portion of which is embodied
in any section of said revision, is that all parts of such acts have been repealed or
superseded by subsequent acts or are not general and permanent in their nature. The
fact, however, in relation to said appropriation clause in the Kansas act, is that it
has never been repealed or superseded by any subsequent act. In a letter written on
the 24th of November, 1877, by Chief Justice Waite to Mr. Middleton, late clerk of the
Supreme Court of the United States, and by the latter filed in this office, the Chief
Justice, after quoting section 5596, says: .
“This clause, as is seen, contains not only the repeal but the reason of it. It asserts
as such reason the assumed fact that all portions not included in the Revised Statutes
of acts which have been partially incorporated therein, either have been repealed or
superseded by subsequent acts, or are not general and permanent in their nature. It
seems clear from this that if a particular section of an act has neither been repealed
nor superseded by subsequent acts nor incorporated into the Revised Statutes, and is
general and permanent in its nature, it is not within the reason and ground of the
repeal, but has been accidentally overlooked or omitted by the revisers, and should
not be regarded as within the intent and meaning of the repealing clause.”
The Chief Justice adds that, in an informal manner, he had consulted his brethren
upon the matter, and that they concurred with him in this opinion. -
Upon the back of the letter is an indorsement made by the Secretary of the Treasury
in the following words:
“Upon the clear opinion of the Chief Justice, concurred in, as it seems, by his asso-
ciates, I think you [First Comptroller Tayler] will be entirely justified in acting
upon his construction of the law in passing the accounts referred to. Other omissions
in the Revised Statutes covered by the same reasoning have been called to my atten-
tion, and, without seeking to strengthen the opinion of the Chief Justice, I only
express my concurrence in it.”
I feel justified by these opinions, from sources so authoritative, in concluding that
if the 5 per cent. appropriation in the Kansas act was not preserved by other clauses
in the section above quoted, as I am strongly inclined to think it was, it was at any
rate not repealed by the first clause of the first of said sections.
But section 5 of the act approved June 20, 1874 (18 Stat., 110), directs the Secretary
of the Treasury to cause all unexpended balances of appropriations which shall have
remained upon the books of the Treasury for two fiscal years to be carried to the sur-
plus fund and covered into the Treasury. And the Secretary of the Treasury, on the
20th of April, 1877, decided that the appropriations contained in section 3689, Revised
Statutes, came within the operation of this act. -
As the amount owing to the State was not ascertained to be due within two fiscal
years since the claim accrued, the appropriation from which it would properly be
payable has, therefore, been covered into the Treasury.
The fourth section of the act approved June 14, 1878, makes it the duty of the sev-
eral accounting officers of the Treasury to continue to receive, examine, and consider
the justice and validity of all claims under appropriations the balances of which have
been exhausted or carried to the surplus fund that may be brought before them within
a period of five years. And the Secretary of the Treasury is, by the act, directed to
report the amount due each claimant, at the commencement of each session, to the
Speaker of the House of Representatives, who shall lay the same before Congress for
consideration. - -
The amount ascertained to be que to the State of Kansas on the account under
examination will, therefore, be reported to the Secretary of the Treasury, under the
provisions of the last-mentioned act. •.
* A. G. PORTER,
First Comptroller.
TREASURY DEPARTMENT,
FIRST COMPTROLLER's OFFICE, .
Washington, D. C., May 17, 1880.
Hon. JOHN SHERMAN,
Secretary of the Treasury :
SIR: I have the honor to acknowledge the receipt, by reference to this office, of a
letter addressed to you on the 10th instant by Hon. John D. C. Atkins, in relation to
the sum of $190,268.27, being five per cent. of the net proceeds of the sales, from
January 29, 1861, to June 30, 1877, inclusive, of certain public lands in the State of
Kansas, which sulm lias been found to be due to that State from the United States.
The sum of $190,566.08 was, on the 19th day of April, 1878, ascertained by the Com-
missioner of the General Land Office to be due upon said account, and the account
was transmitted by him to this office for examination and decision thereon.
The account has been carefully examined in this office, and the first-named sum has
been found to be owing by the United States to said State. But, because more than
O S S
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INDIAN RESERVATIONS. - 727
two fiscal years have elapsed since the claim accrued, the appropriation out of which
it would properly be payable has been covered into the Treasury. A new appropria-
tion, therefore, must be made by Congress before the claim can be paid.
The reasons for the decision made by this office on the examination of said account
are fully set forth in the opinion of which a copy is here with transmitted.
Very respectfully,
- - A. G. PORTER
First Comptroller.
TREASURY DEPARTMENT,
FIRST COMPTROLLER'S OFFICE,
Washington, D. C., May 20, 1880.
Hon. JoHN SHERMAN, r
Secretary of the Treasury:
SIR: I have received, by reference from your office, a certified copy of Senate resolu-
tion of May 18, 1880, inquiring what action has been taken by the Treasury Depart-
ment in the matter of the claim of the State of Kansas for five per cent. of the net
proceeds of sales of certain public lands within that State.
In reply, I have the honor to transmit here with a copy of my opinion in the case,
from which it appears that there is due to said State from the United States the sum
of $190,268.27, for the payment of which no appropriation now exists.
Very respectfully, -
A. G. PORTER
First Comptroller.
INDIAN RESERVATIONS FROM THE PUBLIC DOMAIN.
[See Chapter XVI, pages 240–248, and 1251.]
To JUNE 30, 1882.
NUMBER AND LOCATION OF RESERVATIONS.
... The total number of Indian reservations in the United States, June 30, 1882, was
149, two-thirds of the area of which will eventually be restored to the public domain
for sale and disposition, after purchase of occupancy title from the Indians, and set-
ting aside portions of the same to be held by the Indians in severalty or otherwise,
as may be ordered by Congress. -
These reservations contain 143, 525,960 acres, with an estimated population of 259,632
or about 552.80 acres to each Indian, and are situated in the following States and Ter-
ritories: - -
The total number of reservations includes the twenty Indian pueblos in New Mex-
ico, sixteen of which have been patented to the Indians; also the Moqui pueblos in
Arizona. - - -
§
w
89%dule showing the names of Indian reservations in the United States, agencies, denomination formerly nominating agents, bibes occupying or belonging to
the reservation, area of each reservation in square miles and acres, and reference to treaty, law, or other authority by which reservations were established.
[See page 1253.]
Date of treaty, law, or other authority establish-
Ing reserve.
Name of reservation. Agency. Denomination. Name of tribe occupying reservation. jº A. in
** S.
ARIZONA TERRITORY.
Colorado River (a)..... Colorado River ...l.................... Hwalapai (b), Kemahwivi (Tantawait), 470 c300, 800
Kºala, Rokopa (b), Mohavi, and
UlDOlä,
Gila River............. Pima --------------------------------. Marikopa and Pima -----------. -----. 283 c181, 120
Moqui Pueblo ...... ...] Moqui Pueblo"....]-------------------. Moqui (Shinumo).--------------------|--------|------------
Papago ---------------. Pima -------------|-------------------. Papaho ------------------------------- 109%| c.70,080
Suppai.---------------. Colorado River ---|-------------------. Suppai-------- - - - - - - - - - - - - - - - - - - - - - - - - 60 c38, 400
White Mountain....... San Carlos -------.]---------------...-- Aravapai, Chilion, Chirikahwa, Koio- 3,950 2, 528,000
- tero Mienbre, Mogollon, Mohavi,
- Pinal, Tonto, and Yuma-Apache.
Total ---...--...--. * * * * * * * * * * * * * * * * * * * * : * * * * * * * * * * * * * * * * = = a, a • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4, 872%. 3, 118, 400
CALIFORNIA.
Hoopa Valley..........] Round Valley.....] Methodist ........ Hunsatung, Hupå, Klamath River, 140 c89, 572
- Miskut, Redwood, Saiaz, Sermalton,
and Tishtanatan.
Klamath River ........ None ------------- ----do ------------- Elamath River ------------ - - - - - - - 40 25, 600
Mission---------------- Mission. ---------. ----do ------------- Coahuila, Diegenes, San Luis Rey, 239. 152, 960
* Serranos, and Temekula. Y
Round Valley.......... Round Valley..... ---do ------------- Konkau, Little Lake, Pitt River, Pot- 1594 c102,118
ter Valley, Redwood, Wailakki, and
Yuki.
Tule River............. Tule River ....... ----do ------------- Rawia, Kings River, Monache, Tehon, 76 c48, 551
Tule, and Wichumni.
Total -------------------------------- tº sº a sº - tº e ºs º ºn tº sº e º ºn a s as sº s : * * * * * s s as tº º ºs º ºs ºs s m tº as - ºn as s tº as a m = * * * * * * * * * * * * * 654}| 418,801
*
Act of Congress approved March 3, 1865, vol. 13,
. 559; Executive orders, November 22, 1873,
November 16, 1874, and May 15, 1876.
Act of Congress approved February 28, 1859, vol.
11, p. 401; Executive orders, August 31, 1876,
January 10, 1879, June 14, 1879, an May 5, 1882.
No reserve.
Executive order, July 1, 1874, and act of Con-
gress approved August 5, 1882, yol. 22, p. 299.
Executive orders, June 8, November 23, 1880, and
March 31, 1882.
Executive orders, November 9, 1871, December
14, 1872, August 5, 1873, July 21, 1874, April 27,
1876, January 26, and March 31, 1877.
Act of Congress approved April 8, 1864, vol. 13,
p. 39; Executive order, June 23, 1876.
Executive order, November 16, 1855.
Executive orders, December 27, 1875, May 15,
1876, May 3, August 25, September 29, 1877,
January 17, 1880, TMarch 2, March 9, 1881, June
27, and July 24, 1882.
Acts of Congress approved April 8, 1864, vol. 13,
p. 39, and March 3, 1873, vol. 17, p. 634; Execu-
tive orders, March 30, 1870, April 8, 1873, May
18, 1875, and July 26, 1876. º
Executive orders, January 9, October 3, 1878, and
August 3, 1878.

§
Rapoti, Muachi, and Wiminuchi Ute... 1,710 | 1,094,400 | Treaties of October 7, 1863, vol. 13, p. 673, and
March 2, 1868, vol. 15, p. 619; act of Congress
approved *g. 29, 1874, vol. 18, p. 36; Execu-
* tfºe orders, November 23, 1875, August 17, 1876,
February 7, 1879, and August 4, 1882, and act of
| Congress approved July 28, 1882, vol.22, p. 178.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1,710 | 1,094,400
Lower Yanktonai and Minnekonjo 318- d.203, 397 | Order of Department July 1, 1863 (see annual re-
Sioux. Fº *::::: p. 318); treaty of April 29, 1868, vol.
, p. 635.
Cuthead, Sisseton, and Wahpeton 360 e230,400 | Treaty of February 19, 1867, vol. 15, p. 505; agree-
Sioux. ment, September 20, 1872, confirmed in Indian
*g, act approved June 22, 1874, vol.
18, p. 167. (See p. 141-152, Comp. Rev. Stats.)
Santee Sioux--------------------------|--------|------------ Land selected by eighty-five Indian families as
homesteads, under 6th article of treaty of April
29, 1868, vol. 15, p. 637, f
Arickaree, Gros Ventre, and Mandan. - 4, 550 2,912, 000 | Unratified agreement of September 17, 1851, and
July 27, 1866; Executive orders April 12, 1870,
and July 13, 1880.
Sisseton and Wahpeton Sioux. . . . . . . . . 1,435 | d918, 780 Treaty of February 19, 1867, vol. 15, p. 505; agree-
ment, September 20, 1872; confirmed in Indian
appropriation act approved June 22, 1874, vol.
- 18, p. 167. (See p. 141–152, Comp. Rev. Stats.)
Two Kettle and Yanktonai Sioux. - - - - 652 d416, 915 Order of Department July 1, 1863 (see annual re-
P. lº, p. 318; treaty of April 29, 1868, vol.
15, p. 635.
* * * * * * * * * * * * * * * * * * * * * * * * sº as sº as * * * * s = º ºs º ºs º 150 e96, 000 | Treaty of March 12, 1858, vol. 12, p. 997; and sup-
plemental treaty, Marchio, 1865, vol. 14, p. 675.
Blackfeet, Minnekonjo, Sans Arcs, N
and Two Kettle Sioux. (Treaty of April 29, 1868, vol. 15, p. 635; and Ex-
Lower Brulé and Lower Yanktonai ecutive orders, January 11, March 16, and May
Niš A. h d Ch l # #º. 28, 1876; * .
orthern Arapaho, an eyenne fºr ratified by act of Congress approved February
and Ogalalla Sioux. 49, 576 e31,728,640 § 28, 1877, vol. 19, p. 254; Executive orders, Au-
Minnekonjo, Ogalalla, Upper Brulé, | gust 9, 1879, and January 24, 1882. (Tract set
and Wahzahzah Sioux. apart by Executive order of January 24, 1882,
Blackfeet. Unkpapa, Lower and U is situated in Nebraska.)
TJpper Yanktonai Sioux. - *
Yankton Sioux -------...---...--------. 672; d430,405 | Treaties of April 19, 1858, vol. 11, p. 744, and of
April 29, 1868, vol. 15, p. 635. ,
wn as a ºn tº ºr ºs as ºs º ºs e s as º ºs sº gº ºs e s sº me º ºs e º ºs s ºr sº me is a sº s is sº m is 57,7133 36,936,537.
c Outboundaries surveyèd. d Surveyed. e Partly surveyed.
Ev. Lutheran
* * * * * * * * * * * sº e º º sº gº gº º s
Episcopal
Catholic
* * * = - tº sº as sº s º as º ºs e º sº gº as e
* * * * * * * * g º & tº is E tº ſº º ºs º s
* - º & ſº - - º
“s tº tº me sº tº sº e º gº tº a s
tº gº º ºs e g º sº * * * * *
ise e º ºs sº sº sº tº e º sº º e.
* * * * * * * * * *
gº ºs º ºs ºs º gº tº s
tº gº tº gº ºs º ºs º is nº e º sº e º sº sº gº tº it
Ute-------------------- Southern Ute .....
Total.-----------|-------------------.
DAKOTA TERRITORY.
Crow Creek............ Crow Creek and
Lower Brulé.
Devil's Lake ....... . . . Devil's Lake.......
Flandreau ... ------..... Santee ------------
Fort Berthold.......... Fort Berthold ....
Lake Traverse......... Sisseton ...... ----|---.
Old Winnebago........ Crow Creek and
Lower Brulé.
IPonca (f) --------------|-------------------.
Sioux------------------ Cheyenne River ..
Do ---------------- Crow Creek and . . . .
Lower Brulé.
Do ---------------. Pine Ridge (Red ||.
Cloud).
Do ---------------. Rose Bud (Spotted . . . .
* Tail), *
Do ---------------. Standing Rock. ...
Yankton.-------------. Yankton..........
Total ------------|--------------------
a Partly in California.
b Not on reservation.
j Partly in Arizona.
*

§
Sohedule showing the names of Indian reservations in the United States, agencies, denomination formerly nominating agents, &c.—Continued.
.*
2,297
§ - a tº * & Square Area in Late of treaty, law, or other authority establish-
Name of reservation. Agency. Denomination. Name of tribe occupying reservation. "...i. 3CI'08. ingreserve. ty
w
IDAHO TERRITORY. tº
Coeur d'Alène.----...- Colville........... Catholic .......... C#. §§;Kutenay, Pend d'Ore- | 1, 150 a 736,000 || Executive orders, June 14, 1867, and November
1116, an Oka DO. y & º
Fort Hall.----...-...-- Fort Hall........ Methodist ........ Boisé and Brunau Bannak (Panaiti), 1,878 |ab1, 202, 330 Treaty of July 3, 1868, vol. 15, p. 678; Executive
and Shoshoni. orders, June 14, 1867, and Jº 30, 1869; agree-
ment with Indians made July 18, 1881, and ap-
tº e - proved by Congress J. 3, 1882, vol. 22, p. 148.
Lapwai.--------- - Nez Percé........ Presbyterian . . . . . Nez Percé ---------------------------- 1, 167 ab746, 651 | Treaty of June 9, 1863, voſ. 14, p. 647.
©In Ill - - - - - - - - - - - - - - - - Lemhi------------ Methodist ........ Bannak (Panaiti), Sheepeater, and . 100 y Unratified treaty of September 24, 1868, and Ex-
Shoshoni. ecutive order, February 12, 1875.
Total ------------|--------------------|--------------------|---------------------------------------- 4, 295 || 2,748,981
INDIAN TERRITORY, *
Cheyenne and Arapaho Cheyenne and Friends (Orthodox). Apache, Southern *g. and 6,715 c4, 297,771 Executive order, August 10, 1869; unratified
Arapaho. orthern and Southern Cheyenne. agreement with Wichita, Caddo, and others,
- * 19, 1872. (See annual report, 1872, p.
Cherokee ------------- Union ------------ Baptist ----------. Cherokee ----------------------------. 7, 861 | b5,031,351 Treaties of *.*. 14, 1833, vol. 7, #. 414, of
I)ecember 29, 1835, vol. 7, p. 478, and of July
19, 1866, vol. 14, p. 799. -
Chickasaw ----------- --do -------------|- ---do ------------- Chickasaw --------------------------. 7,267 c4, 650, 935 | Treaty of June 22, 1855, vol. 11, p. 611.
Choctaw.------------- ---do -------------|- ---do ------------- Choctaw (Chahta)..... -----------.... 10,450 c6, 688,000 Do.
Creek ---------------. --do -------------|- ---do ------------- Teek--- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 9 b3,215,495 Treaties of February 14, 1833, vol. 7, p. 417, and
- of June 14, 1866, vol. 14, p. 785, and deficiency
appropriation act of August 5, 1882, vol. 22, p.
& 265. . [See annual report, 1882, p. LIV.]
Kansas --------------- Osage ------------ Friends (Orthodox)|| Kansas or Kaw.............. --...----. 156} e c100, 137 || Act #,Gongress approved June 5, 1872, vol. 17,
. 228.
Riowa and Comanche . Kiowa, Comanche, .... do ........----- Apache, Comanche (Komantsu), Dela- 4, 639 c2, 968,893 Tº of October 21, 1867, vol. 15, pp. 581 and 589.
and Wichita. * ware, and Kiowa. - -
Modoc ---------------- Quapaw ----------|- ---do ------------- Modok ------------------------------. 6 c4,040 | Agreement with Eastern Shawnees made June
* 23, 1874 (see annual report, 1882, p. 271), and Con-
firmed in Indian appropriation act approved
t March 3, 1875, vol. 18, p. 447.
Oakland or Nez Percé . Ponca, Pawnee, ...... * * * * * * * * * * * * * * Joseph's band of Nez Percé .......... 142 cQ0, 711 || Act % Congress approved May 27, 1878, vol. 20,
811 º 'p. 74.
Osage..... & ſº tº e º 'º - e º a 6 s Osage.------------ Friends (Orthodox)|| Great and Little Osage and Quapaw .. c1,470,059 || Article 16, Cherokee treaty of July 19, 1866, vol.
14, p. 804; order of Secrétary of the Interior,
March 27, 1871; act of Congress approved June
5, 1872, vol. 17, p. 228.

:
Act of Congress approved March 3, 1881, vol. 21, ,
p. 381; order of the Secretary of the Interior,
June 25, 1881.
Treaty of February 23, 1867, vol. 15, p. 513.
Act of Congress approved April 10, 1876, vol. 19,
p. 29. (Of this 230,014 acres are Cherokee and
53,006 acres are Creek lands.)
Treaty of February 23, 1867, vol. 15, p. 513.
Acts of Congress approved August 15, 1876, vol.
19, p. 192; March 3, 1877, vol. 19, p. 287; May
27, º vol. 20, p. 76; and March 3, 1881, vol. 21,
422
p. 422. g
Treaty of February 27, 1867, vol. 15, p. 531; act
£ongress approved May 23, 1872, vol. 17, p.
J59.
Treaties of May 13, 1833, vol. 7, p. 424, and of
February 23, 1867, vol. 15, p. 513.
Treaty of February 18, 1867, vol. 15, p. 495.
Treaty of March 21, 1866, vol. 14, p. 755. (See
Creek agreement February 14, 1881 (annual.
report, 1882, p. LIV), and deficiency act of
August 5, 1882, vol. 22, p. 265.) s
Treaties of February 28, 1831, vol. 7, p. 348, of
December 29, 1832, Vol. 7, p. 411, and of Feb-
ruary 23, 1867, vol. 15, p. 513.
Treaties of July 20, 1831, vol. 7, p. 351, of Decem-
ber 29, 1832, vol. 7, p. 411, of February 23, 1867,
vol. 15, p. 513, and agreement with Modocs,
made June 23, 1874 (see annual report, 1882, p.
271), confirmed by Congress in Indian appropri-
ation act º; March 3, 1875, vol. 18, p. 447.
Treaty of July 4, 1866, with Delawares. (Art. 4,
vol. 14, p. 794.) Unratified agreement, October
19, 1872. (See annual report, 1872, p. 101.)
Treaty of February 23, 1867, vol. 15, p. 513.
Cherokee lands between Cimarron River and one
hundredth meridian. -
Cherokee unoccupied lands embraced within :
Arapaho, and Cheyenne treaty reservation
(treaty of October 28, 1867, vol. 15, p. 593), east
of Pawnee reservation.
Cherokee unoccupied lands embraced within
Arapaho and Cheyenne treaty reservation
treaty of October 28, 1867, vol. 15, p. 593), west
otoe * * g is tº tº s e º 'º tº ºn tº s º is as a w Ponca, Pawnee,
and Otoe.
Ottawa ---------------- Quapaw ---------.
Pawnee. --------------. Ponca, Pawnee,
and Otoe.
Peoria. ------...--------- Quapaw ---------.
Ponca ----------------- Ponca, Pawnee,
4 and Otoe.
Pottawatomie . . . . . . . . . Sac and Fox. .....
Quapaw ...----........ Quapaw ----------|.
Sac and Fox . . . . . . . . . . . Sao and Fox ...... º
Seminole .............. Tnion -----------.
Seneca..... tº ſº tº ºs º gº tº gº tº dº ...] Quapaw. . . . . . . . . . .
Shawnee............... ----do -------------
Wichita -----...--..... Riowa, Comanche,
and Wichita.
Wyandotte . . . . . . . . . . . . Quapaw ---------.
a Partly surveysd,
Otoe and Missouria
Friends. . . . . . . . . . .] Otoe and Missouria - - - - - - - - - . . . . . . . . . 202 | c.129, 113
Friends (Orthodox) oº:: :Blanchard's Fork and Roche 23 b14, 860
€ 500LII,
Friends............ Pawnee (Páni).----------------------- 442 c283,020
~, ~)
Friends (Orthodox). Kaskaskia, Miami, Peoria, Piankasha, 78; c50, 301
and Wea.
s sº se as as sº e = * * * * * * * e s as sº tº Ponca ------------------------------. 159 c 101, 894
Eriends (Orthodox); Absentee Shawnee (Shawano), and 900 c575, 877
- Bottawatomie. t
---do ------------- Rwapa ------------------------------- 88: c56, 685
---do ------------- Mexican Kickapoo, Otoe, Ottawa, Sac 750 c479, 667
(Sauk), and Fox of the Missouri
and of the Mississippi, including
Mokohoko's band. (d)
Baptist - - - - - - - - - -. Seminole.-----------------------* - - - - 312# b200,000
Friends (Orthodox)|| Seneca-------------------------------. 81 c51, 958
---do ------------- Eastern Shawnee (Shawano).......... 21 c13,048
----do ------------- Comanche (Komantsu), Delaware, 1, 162 cT43, 610
Ion-ie, Kaddo, Kichai, and Tawaka-
nay, Wako, and Wichita. •
----do ------------- Wyandotte ------ * * * * * * * * * * * * * * * * * * * * * 33} c21,406
e º e º ºs ºs s º ºs e e º ſº gº º ºs is sº º is º ºs ºs º ºs e º ºs º ºs º ºs e = * * * * * * * * * * '-- - - - - - - - - - - - - - -] 3, 562 c2, 279, 618
tº gº º e º ºs e e º sº a s sº e º ºs º ºs º ºs as as as as sº sº º is a º ºs º ºs sº º tº sº e º s sº * * * * * * * * sº s = º sº tº us is sº as s 185 cloš,456
s e º s e º º ºs e s = * * * * * * * * * | * * * * * * * * * * * * * * = w = * * * * * * * * * * * * * * * * * * * * * * * 5, 684 | c3, 637, 770
b Outboundaries surveyed. e Surveyed.
f
of Pawnee reservation.
d Not on reservation.
Ö

§
* w
* g Q &
Schedule showing the names of Indian reservations in the United States, agencies, denomination formerly nominating agents, &c.—Continued.
|
Square Area in Date of treaty, law, or other authority establish-
Name of reservation. Agency. Denomination. Name of tribe occupying reservation. miles. a CI'êS. Ing reserve.
w |
tº e º ºs º º sº tº as ºs s a tº a sm as ----|--------------------|----------------------------------------| 1,067 a883, 139 Creek lands embraced within Arapaho and Chey-
enne treaty reservation (treaty of October 28,
1867, vol. 15, p. 593), north of Čimarron River,
- exclusive of Pawnee reservation.
tº tº e º ºs ...-------------|--------------------|---------------------------------------. 2, 57.1% al, 645,890 | Unoccupied Creek and Seminole ceded lands east
| | of ninety-eighth meridian.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2, 362 al., 511, 576 Unoccupied Chickasaw and Choctaw leased lands
- | west of the north fork of the Red River.
Total ------------|--------------------|--------------------|---------------------------------------- 64,222 || 41,102,280
IOW.A.
Sac and Fox...........] sac and Fox......l.................... Pottawatomi Sac (Sauk) and Fox of 1 a692 | By purchase. (See act of Congress approved
the Mississippi and Winnebago. arch 2, 1867, vol 14, p. 507.) Deeds Novem-
t ber, 1876.
Total ------------------------------- --------------------|---------------------------------------. 1 692
KANSAS. *
Black Bob ... -- - - - - - - - - - None ...... * * * * * * * * * * > * > *g º º ºs ºs e g º º ºs s sº as a ſº Black Bob's band of Shawnee (Shaw- 52 a 33,393 | Treaty of May 10, 1854, vol. 10, p. 1053.
ano), straggling Pottawatomi.
Chippewa and Munsee. Pººl. * I'riends(Orthodox) Chippewa and Munsi - - - - - . . . . . . . . . . . . 6# a 4,395 Treaty of July 16, 1859, vol. 12, p. 1105.
º T0901, M ĐIn 8bilä,
Kickapoo. --- - - - - - - - - - - .... do ............. Friends(Orthodox)i Rickapoo ----------------------------. 32 a20,273 Treaty of June 28, 1862, vol. 13, p. 623.
Miami----------------. -- do --------------------------------- Miamib-...--------------------------. 3% a2,328 Treaty of June 5, 1854, vol. 10, p. 1093, acts of
| Congress approved March 3, 1873, vol. 17, p.
631, of May 15, 1882, vol. 22, p. 63, and of June
\ 27, 1882, vol. 22, p. 116.
I’ottawatomie . . . . . . . . . ----do ------------- Friends(Orthodox) Prairie band of Pottawatomi... . . . . . . . 121 a/7, 358 || Treaties of June 5, 1846, vol. 9, p. 853; of Novem-
ber 15, 1861, vol. 12, p. 1191; treaty of relin-
quishment, February 27, 1867, vol. 15, p. 531.
Total ------------|--------------- ... • - - - I - - - - - - - - - - - - - - - - - - - - I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 215 137, 747
MICHIGAN.
Isabella---------------. Mackinac... -----. TMethodist . . . . . . . . Chippewas of Saginaw, Swan Creek, 17; a11,097 || Executive order, May 14, 1855; treaties of Au-
and Black River. gust 2, 1855, vol. 11, p. 633, and of October 18,
* 1864, vol. 14, p. 657. -
L'Anse ------------... . ...do ...----------- ... do ---------. . . . . L'Anse and Vieux de Sert bands of 82% a52,684 | Treaty of September 80, 1854, vol. 10, p. 1109.

Chippewas of Lake Superior.

:
Ontonagon.------------ ----do ------------- ----do ------------.
Total ------------|-------------------- ‘e s = * - * * * * * * * * * * * * * *
MINNESOTA.
Bois Forte........ ----. La Pointec -------| Congregational ...
Fond du lac.----...----. ----do ------------- ----do -------------
Grand Portage (Pigeon |. -- do .------------ ----do -------------
River). -
Leech Lake.----------. White Barth (con- Episcopal.........
solidated).
Mille Lac -------------- ---do -------------|- ---do -------------
Red Lake. ------------- ----do -------------- ---do -------------
Vermillion Lake....... La Pointec ------- Congregational ...
White Earth........... Whitelºarth (con- | Episcopal.........
solidated).
Winne b a go shish l... do .............!. ---do -------------
(White Oak Point).
Total ------------|----------------------------------------
MONTANA TERRITORY.
Blackfeet ---------. ---. Blackfeet ...----... Methodist ........
Do----------------- Fort Peck - - - - - - - - ----do -------------
, Do----------------- Fort Belknap-----|--------------------
Crow ------------------ Crow ------------- Methodist ........
Jocko------------------ Flathead.--------. Catholic ---------.
Total ----------------------------------------------------
a Surveyed bindians in Indian Territory.
cIn Minnesota and Wisconsin.
Ontonagon band of Chippewas of Lake
Superior. -
• º ºs is a tº º sº sº se as tº ºn tº as we s = * * * * * * * * * * * * * * * * * * * * * * *
Boisé Fort band of Chippewas
Fond du Lac band of Chippewas of
Lake Superior.
Grand Portage band of Chippewas of
Lake Superior.
Pillager and Lake Winnebagoshish
bands of Chippewas.
Mille Lac and Snake River f bands
of Chippewa.
Red Lake and Pembina bands of Chip-
pewas.
Boisé Fort band of Chippewas. ------.
Chippewas of the Mississippi, Gull
Lake, Pembina, Otter Tail, and Pil-
lager Chippewas.
Lake Winnebagoshish and Pillager
bands of Chippewas, and White Oak
Point band of Mississippi Chippe-
WąS.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s = * * *
Blackfeet, Blood, and Piegan -------
Assinaboine, Brulé, Santee, iºl
º and Yanktonai Sioux.
Gros entre, Assinaboine, and j
River Crow.
Mountain and River Crow............
Flathead, Kutenay, and Pend d'Oreille.
4 a2, 551
104 66,332
168 107,509
156 a 100, 121
81 d51,840
148 e84,440
95 a61,014
5,000 d3, 200,000
2 f1,080
1, 705 ||al, 091, 523
500 e320,000
7,855 5,027, 527
33, 830 21,651, 200
7, 364 4, 713,000
2, 240 1,433,600
43, 434 27,797,800
d'Outboundaries surveyed,
€ Partly surveyed.
Sixth clause, second article, treaty of jº.
30, 1854, vol. 10, p. 1109; Executive order, Sep-
tember 25, 1855.
Treaty of April 7, 1866, vol. 14, p. 765.
Treaty of September 30, 1854, vol. 10, p. 1109;
act of Congress, approved May 29, 1872, vol. 17,
p. 190.
Treaty of September 30, 1854, vol. 10, p. 1109.
Treaties of February 22, 1855, vol. 10, p. 1165, of
May 7, 1864, vol. 13, p. 693, of March 19, 1867,
vol. 16, p. 719 ; Executive orders, November 4,
1873, and May 26, 1874. -
Treaties of February 22, 1855, vol. 10, p. 1165, and
article 12, of May 7, 1864, vol. 13, pp. 693,695.
Treaty of October 2, 1863, vol. 13, p. 667.
Fxecutive order, December 20, 1881.
Treaty of March 19, 1867, vol. 16, p. 719; Execu-
tive order, March 18, 1879.
Treaty of February 22, 1855, vol. 10, p. 1165; Ex-
ºve orders, October 29, 1873, and May 26,
1874.
ratified treaties of July 18, 1866, and of July
13 and 15, and September 1, 1868; Executive
orders, July 5, 1873, and August 19, 1874; act
| of Congress approved April 15, 1874, vol. 18,
| Treaty of October 17, 1855, vol. 11, p. 657; un-
. 28; Executive orders, April 13, 1875, and
uly 13, 1880. -
Treaty of May 7, 1868, vol. 15, p. 649; agreement
made June 12, 1880, and approved by Congress
April 11, 1882, vol. 22, p. 42; and agreement -
made August 22, 1881, approved by Congress
July 10, 1882, vol. 22, p. 157.
Treaty of July 16, 1855, vol. 12, p. 975.
f Not on reservation.

:
* - \ ! -
Schedule showing the names of Indian reservations in the United States, agencies, denomination formerly nominating agents, &c.—Continued.
Name of reservation. Agency. Denomination. Name of tribe occupying reservation. Sºme *.in Pate of treaty, lºº.º.º.ºuthority establish-
miles. 3.C.T0S. ng reserve.
NEBRASKA.
Iowa. a. --...------------ Pottawatomie and | Friends........... Iowa............ ---------------------- 25 b116,000 | Treaties of May 18, 1854, vol. 10, p 1074, and of
Great Nemaha. - March 6, 1861, vol. 12, p. 1171.
Niobrara ... ------. . . . . Santee.----------- ----do ------------- Santee Sioux ------------------------. 180 c115,076 || Act of gº. approved March 3, 1863, vol. 12,
p. 819; 4th paragraph, sec. 6, treaty of April 29,
1868, vol. 15, p. 637; Executive orders, Febru-
ary 27, July 20, 1866, November 16, 1867, August
- - 31, 1869, and December 31, 1873. g
Omaha----------------. Omaha and Winne-l....do ............. Omaha.------------------------------- 224 c143,225 | Treaty of March 16, 1854, vol. 10, p. 1043; selec-
bago. + - tions by Indians with President's approval,
May 11, 1855; treaty of March 6, 1865, vol. 14,
p. 667; acts of Congress, approved June 10,
1872, vol. 17, p. 391, and of June 22, 1874, vol. 18,
p. 170; ôeed to Winnebago Indians, dated July
31, 1874, and act of Congress, approved August
- 7, 1882, vol. 22, p. 341.
Otoe a ----------------. Mone ------------. ----do ------------- Otoe and Missouriad. ----------------. 69 ec44, 093 | Treaty of December 9, 1854, vol. 11, p. 605; acts
* of Congress, approved June 10, 1872, vol. 17, p.
391, and of August 15, 1876, vol. 19, p. 208, and
of March 3, 1881, vol. 21, p. 380.
Sac and Fox a . . . . . . . . . Pottawatomie and [....do ............. Sac (Sauk) and Fox of the Missouri.. 12% fe8,014 | Treaties of May 18, 1854, vol. 10, p. 1074, and of
Great Nemaha. March 6, 1861, vol. 12, p. 1171; acts of Congress
approved June 10, 1872, vol. 17, p. 391, and Au-
gust 15, 1876, vol 19, p. 208. r
Winnebago.----------. Omaha and Win- |....do ....... ------ Winnebago.----------------...------| 171 c109,844 || Act of Congress approved February 21, 1868, vol.
nebago. - 12, p.658; treaty of March 8, 1865, vol. 14, p.
- 671; act of Congress approved June 22, 1874
vol. 18, p. 170; deed from Omaha, Indians, date
July 31, 1874.
!
Total ------------|--------------------|---------------------------------------------------------- ... 681; 436,252
NEVADA. w \ tº
Duck Valleyg - - - - - - - - - Western Shoshone].............. ... --. Western Shoshone.... --------------.. 380 243, 200 Executive order, *}. 16, 1877. - º
Moapa River .....----. Nevada...--...----- | Baptist -----. ..... Kai-bab-bit, Kemahwivi (Tantawait), 2 h1,000 Executive orders, March 12, 1873, and #.
w Pawipit, Pai Ute, and Shiwits. 12, 1874; act of Congress approved March 3,
1875, vol. 18, p. 445; selection opproved by Sec.
* retary of Interior, July 3, 1875.
Pyramid Lake. . . . . . . . . ----do ------ - - - - - sº º ----do ------------- Pah-Ute (Paviotso) - - - - - - -......... --- 503 h322,000 Executive order, March 23, 1874.
§. River.... . . . . . ----do ------------- ----do ------------- --- do --------------------------------- 498 h318, 815 Executive order, March 19, 1874.

Total ------------|---------------- ... ºn ºn tº is = * * * * * * * * * * * * * * * * * * * : * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1,383 885,015
J. g *----- —-
– —- -— t
l
§
Jicarilla Apache.............
Mescalero and Mimbre Apache
* - tº dº sº * * * * * * * * * * * * * * * * * * * * * * * * * * * * * as a s m ºr is 11, 179
Onondaga, Seneca, and Tonawanda... 47#
fincludes 2,862.93 acres in Kansas.
*
Presbyterian - - - - -
---.do ---8-- - - - - - - -
----do ------------.
----do -------------
---do -------------
* * * * * * * * * * * * * * * * e º º º
* * * * * * * * * = a- e s as sº e º 'º s =
NEW MEXICO TERRITORY.
Jicarilla Apache...----- Mescalero and Ji-
carilla.
Mescalero Apache |....do ...---------..
(Fort Stanton).
Navajoj --------------- Navajo ----...----.
ſiſemez ....... *
Acoma ------
San Juan ....
Picuris ------
San Felipe.--
Pecos • ------
Cochiti -----.
Santo Domin-
T go.
8:08. - - - - - - - , -
Pueblo. Santa Clara.. Pueblo • * * * * > - º - sº
Tesuque.....
º San Ildefonso
Pojoaque ....
Zia' --. ------
Sandia.------
Isleta. ------.
JNambe ......
.L 8 - - - - - -
Santa Ana...|J
Zuni------------------. Pueblo ---...----.
Total --------------------------------
NEW YORK. - +
Allegany -------------- New York........
Cattaraugus.----------- ---do ------------.
Oil Spring ------....... ---do -------------
Oneida.---------------. ---do -------------
Onondaga.------------- ---do -------------
a Ln Kansas and Nebraska.
bIncludes 5,120 acres in Kansas.
g Partly in Iłłaho.
Pueblo.---------- * - e s tº º sº sº sº sº sº sº as
Cayuga, Onondaga,
Wanda, and Tuscarora.
Seneca. -----------------------
Oneida......`------------------
Oneida, Onondaga, and Tonawanda... 9%
* * * * * * * * * -
• * * - s - e.
47
Seneca, Tona- 34
c Surveyed.
h Outboundaries surveyed.
480 307, 200
738 472, 320
8, 544 i5, 468, 160
ſ hl'7, 510
h95,792
1,081 |<
336
Q
215,040
7,154,525
h30,469
h21,680
s - s - e a tº e l 640
% 288
6, 100
f
dBartly surveyed.
i Indians in Indian Territory.
Executive order, September 21, 1880.
Executive orders, May 29, 1873, February 2, 1874,
October 20, 1875, and May 19, 1882.
Treaty of June 1, 1863, vol. 15, p. 667, and Execu-
#: orders, October 29, 1878, and January 6,
t
Confirmed by United States patents in 1864,
under old Spanish grants; acts of Congress
º December 22, 1858, vol. 11, p.374,
and June 21, 1860, vol. 12, p. 71. - (See Gen-
ſ eral Land Office Report for 1876, p. 242, and
for 1880, p.658.)
J
Executive order, March 16, 1877. (Area of orig-
inal Spanish grant 17,581.25 acres.)
Treaties of September 15, 1797, vol. 7, p. 601, and
of May 20, 1842, vol. 7, p. 587.
Treaties of September 15, 1797, vol. 7, p. 601, June
30, 1802, vol. 7, p. 70, and of May 20, 1842, vol.
7, p. 587. (See annual report, 1877,R. 164.)
By arrangement with the State of New York.
(See annual report, 1877, p. 166.)
Treaty of November 11, 1794, vol. 7, p. 44, and
arrangement with the State of New York.
(ses annual report, 1877, p. 168.)
0.
e Includes 9,002.98 acres in Kansas.
j Partly in Arizona.

§
Sohedule showing the names of Indian reservations in the United States, agencies, denomination formerly nominating agents, &c.—Continued.
Name of reservation. Agency. Denomination. Name of tribe occupying reservation. º *...in Date of treaty, *:::::::::authority establish
NEW YORK- sº
Saint Regis.----------. ----do -------------|-------------------. Saint Regis.----------------. * * * * * * * * * 23 14,640 | Treaty of May 31, 1796, vol.7, p. 55. (See annual
*. report, 1877, p. 168.)
Tonawanda............ ----do -------------|-------------------. Cayuga and Tonawanda band of Sen- 113 a'7, 549 | Treaties of September 15, 1797, vol. 7, p. 601, and
€088, Novomber 5, 1857, vol. 12, p. 991; purchased by
Indians, and held in trust by the comptroller
of New York; deed dated February ſº, 1862.
(See also annual report, 1877, #. 165.
Tuscarora ------...------!. ºlo * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Onondaga and Tuscarora ............. 73 5,000 | Treaty of January 15, 1838, vol.7, p. 551, and ar-
* rangement (grant and º. between the
Indians and the Holland Land Company. (See
C annual report, 1877, p. 167.)
Total ------------|--------------------|--------------------|---------------------------------------. 135 86,366
ſ Held by deed to Indians under decision of
United States circuit court for western dis-
trict of North Carolina, entered at Novem-
- ber term, 1874, confirming the award of Rufus
NORTH CAROLINA. Barringer and others, dated October 23, 1874,
& & " and act of Congress :#. August 14,
Qualla Boundary ana; Eastern Cherok Eastern band of North Carolina Cher- 78 a50, 000 1876, vol. 19, p. 139, and deeds to Indians
other lands. 8,8tern ee |--------------------| Tokee. { 24 a15, 211 from Johnston and others, dated October 9,
(º 1876, and August 14, 1880. (See also H. R.
Ex. Doc., No. 196, Forty-seventh Congress,
first session.)
Total ------------|--------------------|--------------------|---------------------------------------.
© 102 | 65,211
OREGON. F= --→ #
Grand Ronde --...----. Grand Ronde - - - - - Catholic.----...-. ECalapuya, Klakama, Luckiamute, 96 b61, 440 | Treaties of January 22, 1855, vol 10, p. 1143, and
Molele, Neztucca, Rogue River, of December 21, 1855, vol 12, p. 982; Executive
$º Shasta, Tumwater, and order, June 30, 1857. $.
-- Ill(Illā. | k
Klamath. -------------- Klamath. ----...--. Methodist ........ Kºi. Modok, Pai-Ute, Walpape, 1, 650 c1, 056,000 Treaty of October 14, 1864, vol. 16, p. 707.
. Yahuskin band of Snake (Sho-
shoni).
Malheur --------------. None --------------------------------. Pai-Ute and Snake (Shoshoni) d ...... 648 , 414, 720 Executive orders, March 14, 1871, September 12,
# 1872, May 15, 1875, J. 28, 1876, July 28,
‘. . . . . 1880, and September 13, 1882.
Siletz ...--------- is º ºs º ºs wº Siletz.------------ Methodist . . . . . . . . Alsiya, Coquell, Kusa, Rogue River, 351% c225,000 | Unratified treaty, August 11, 1855; Executive
- Skoton-Shasta, Saiustkla, Sinslaw, | orders, November 9, 1855, and December 21,
Tootootna, Umqua, and thirteen 1865; and act of Congress approved March 8,
others. | 1875, vol. 18, p. 446.

i
:
Umatilla--------------- Umatilla. ---...... Catholic ---------.
Warm Springs......... Warm Springs....] United Presbyte-
T18, Il.
H-
*Q. Total ------------|--------------------|--------------------
b-
O
| UTAH TERRITORY.
<! Uinta Valley .......... Uintah.----------- Presbyterian . . . . .
t" Uncompahgre ......... Ouray------------- TInitarian - - - - - - - -
E Total ------------|--------------------|--------------------
WASHINGTON TER-
RITORY.
Chehalis. -------------. Nisqually, Skoko-|---------------...--.
mish, and Tula-
lip.
Columbia --------------|--------------------|-------------------.
Colville ---------------. Colville.----...--. Catholic ---------.
Lummi (Chah choo-sen)| Nisqually, Skoko-|--------------------
i.h. and Tula-
IO,
Makah----------------- Niš Bay and Methodist -------.
Quinaielt.
Muckleshoot ---...---- Nisqually, S'Koko-j.------------------.
tº mish, and Tula-
º
Nisqually-------------. - - - -ClO - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Port Madison.--------. ----do -------------|--------------------
Puyallup -------------- ---do -------------|--------------------
a Out boundaries surveyed.
Cayuse, Umatilla, and Walla-Walla .. 420 c268,800
John Day, Pi-Ute, Tenino, Warm 725 464,000
Springs, and Wasko.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 3,890%| 2, 489, 960
Gosi Ute, Pavant, Uinta Yampa, and 3, 186 |ca 2,039,040
Grand River Ute.
Tabequache Ute------...-----...--------. 2,988 1,912, 320
* * * * * * * * * tº ſº tº tº sº tº º sº ºn tº ºn tº as as a w is e º ºs º ºs e º 'º - * * * * * 6, 174 3,951, 360
Klatsop, Tsihalis, and Tsinuk ---...-- 6# b4,225
Chief Moses and his people ---------.. 4,675; 2,992, 240
Coeur d'Alène, Colville, Kalispelm, 4, 615 2,953, 600
Einikane, Lake Methau, Nepee-
lium, Pend d'Oreille, San Poel, and
Spokane.
Dwamish, Etakmur, Lummi, Snoho- 19; b12, 312
mish, Sukwamish, and Swiwamish.
Ewillehiut and Makah ..... ---------. 36 23,040
Muckleshoot ------------------------- 5 b3, 367
Muckleshoot, Niskwalli, Puyallup, 7% b4,717
Skwawksnamish, Stailakoom, and
five others.
Dwamish, Etakmur, Lummi, Snoho- 11} b7,284
mish, Sukwamish, and Swiwamish..
Muckleshoot, Niskwalli, Puyallup, 28 b8,062
* Skwawksnamish, Stailakoom, and
five others.
b Surveyed. cPartly surveyed.
e.
Treaty of June 9, 1855, vol 12, p. 945, and act of
Congress approved August 5, 1882, vol. 22, p.
2
97.
Treaty of June 25, 1855, vol. 12, p. 963.
Executive order, October 3, 1861; act of Congress
approved May 5, 1864, vol. 13, p. 63.
Executive order, January 5, 1882.
0. of the Secretary of the Interior, July 8,
Executive orders, April 19, 1879, and March 6,
1880
Executive orders, April 9, July 2, 1872, and Jan-
uary 18, 1881.
Treaty of Point Elliott, January 22, 1855, Vol. 12,
p. 927; Executive order, November 22, 1873.
Treaty of Neah Bay, January 31, 1855, vol 12, p.
939; Executive orders, October 26, 1872, Janu-
ary 2 and October 21, 1878. &
Executive orders, January 20, 1857, and April 9,
Treaty of Medicine Creek, December 26, 1854,
vol. 10, p. 1132; Executive order January 20,
1
857.
Treaty of Point Elliott, January 22, 1855, vol. 12,
p. 927; order of the Secretary of the Interior,
October 21, 1864.
Treaty of Medicine Creek, December 26, 1854,
vol. 10, p. 1132; Executive orders, January 20,
1857, and September 6, 1873.
dINot on reservation.

:
Schedule 8howing the names of Indian reservations in the United States, agencies, denomination formerly nominating agents, &c.—Continued.
Name of reservation.
Denomination.
Name of tribe occupying reservation.
Area in
8.0F08.
Date of treaty, law, or other authority establish-
ing reserve.
WASHINGTON TER-
RITORY.
Quinaielt --------------
Shoalwater .---...----.
Skokomish ------------ *
Snohomish or Tulalip...].
Squaxin Island (Klah- |....
che-miiſ).
Swinomish (Perry's [....
Island).
Yakama ---------------
WISCONSIN.
Lao Court Oreilles.....
Lao de Flambeau...... -
La Pointe (Bad River).].
Red Cliff.-------------. -
Neah º and
Nisqually, Skoko.
mish, and Tula-
is e s - - - - tº e º 'º as * * * * * as a •
Hoh, Kweet, Kwillehiut, and IKwinaiutl.
Shoalwater and Tsihalis --------------
Elallam, Skokomish, and Twana......
Dwamish, Etakmur, Lummi, Snoho-
mish, Sukwamish, and Swiwamish.
Niskwalli, Puyałup, Skwawksnamish,
Stailakoom, and five others.
Dwamish, Etakmur, Lummi, Snoho-
mish, Sukwamish, and Swiwamish..
Yakama ------------------------------
- - - - s tº as tº - we - ºn as a se e - - - - * * * * * * * * * * * * * * - - - * * *
... Lac Court d'Oreille band of Chippewas
of Lake Superior.
Lac de Flambeau band of Chippewas
of Lake Superior.
La Pointe band of Chippewas of Lake
Superior.
La Pointe band (Buffalo Chief) of
Chippewas of Lake Superior.
224,000
g335
ağ,987
- a22,490
0.1, 494
a'7,195
b800,000
11,061; 7,079,848
-smammamº-
*-*=-
a69, 136
a89,824
a 124, 333
a13,993
Menomonee. -----------
Menomonee-----...--------------------
a231,680
Treaties of Olympia, July 1, 1855, and January
25, 1856, vol. 12, p. 971; fºxecutive order, No-
vember 4, 1873.
Executive order, September 22, 1866.
Treaty of Point-no-Point, January 26, 1855, vol.
12, p. 933; Executive order, February 25, #.
Treaty of Point Elliott, January 22, 1855, vol. 12,
p. 927; Executive order, December 23, 1873.
Treaty of Medicine Creek, December 26, 1854,
vol. 10, * 1132.
Treaty of Point Elliott, January 22, 1855, vol. 12,
p. 927; Executive order, September 9, 1873.
Treaty of Walla Walla, June 9, 1855, vol. 12, p. 951.
Treaty of September 30, 1854, vol. 10,ſº 1109,
lands withdrawn by General Land Office, No-
vember 22, 1860, April 4, 1869. (See report by
Secretary of the Interior, March 1, 1873.) Act
of Congress approved May 29, 1872, vol. 17, p.
190,
Treaty of September 30, 1854, vol. 10, p. 1109,
(lands selected by Indians). (See report of Su-
perintendent Thompson, November 14, 1863,
and report to Secretary of the Interior, June
22, 1866.) Act of Congress approved May 29,
1872, vol. 17, p. 190.
Treaty of September 30, 1854, vol. 10, p. 1109.
Treaty of September 30, 1854, vol. 10, p. 1109;
Executive order, February 21, 1856. See re-
port of Superintendent *g. ay 7
i863.) (Lands withdrawn by General Ian
Office, May 8 and June 8, 1863.)
Treaties of October 18, 1848, vol. 9, p. 952, of May
12, 1854, vol. 10, p. 1064, and of February 11,
1856, vol. 11, p. 679.
§
9meida.::-------------. ---do ------------- ----do ------------- neida-------------------------------- 102; cº,540 | Treaty of February 8, 1888, vol. 7, p. 566.
Stockbridge ...........]. -- do ------------- --- do ------------- Stockbridge ------- tº º sº * * * * * * * * * * * * * * * * 18 a11, 520 | Treaties of November 24, 1848, vol. 9 § 955, of
February 5, 1856, vol. 11, p. 663, and of ebruary
11, 1856, vol. 11, p. 679; act of Congress ap-
proved February 6, 1871, vol. 16, p.404.
Total ------------|---- * * * * * * * * * * * * * * * * : * is tº m e º e s e º ºr e º us as ºn as e º º ſº. ºn a ºn tº m e º sº ºn e s tº e s w w w w w us tº s = e s m s m = * * * * * * * * * * * 916 586,026
WYOMING TERRITORY.
Wind River............ Shoshone --------. Episcopal.-------- Northern Arapaho and Eastern band 3,660 b2,342,400 | Treaty of July 3, 1868, vol. 15, p. 673; acts of
of Shoshoni. Congress approved June 22, 1874, vol. 18, p. 166,
and December 15, 1874, vol. 18, p. 291.
Total ------------|--------------------|--------------------|---------------------------------------. 3, 660 2,342, 400
Grand total.------|--------------------|--------------------|---------------------------------------- 224, 㺠525,960
º " a Surveyed. b Partly surveyed.
c Outboundaries .
NoTE.—The spelling of the tribal names in the column “Name of tribe occupying reservation " has been submitte
ed.
to Maj. J. W. Powell, and revised by him where the
correct name of such tribe is known. In many cases corrupted names have come into such general use as to make it impolitic to change them.

740
INDIAN POPULATION ON RESERVATIONS.
:--
E
Table of population of various Indian tribes.

E. §:
© ©
:5 3.
Name of agency and tribe, June 30, 1883. # Name of agency and tribe. #
g 8.
P+ Q4
ARIZONA. CALIFORNIA—Continued.
Colorado River Agency. Indians in— 21
Solano County----------------------. 330
Mohave ---------------------------------- 812 Lassen County ---------------------- 353
Chimehuevis ----------------------------- 214 Colusa County----------------------- 224
Humboldt County---...--------. '- - - - - 162
Moquis Pueblo Agency. Marin County ----------------------- 339
Sonoma County---------------------- 522
Moquis Pueblo --------------------------- 1, 813 Butte County------------------------ 508
Plumas County---------------------. 91
Pima, Maricopa, and Papago Agency. Placer County. ---------------------- 64
Napa County------------------------ 12
Pima ------------------------------------. 3,908 Sutter County----------------------- - 272
Maricopa--------------------------------. #31 Amador County ---...---------------- 98
-Apache.---------------------------------. 10 Nevada County. --------------------- 774
Papago.---------------------------------- a6,000 Lake County -----------------------.
Klamaths— 64
San Carlos Agency. Reguaranch------------------------- º 19
Wirks-wah ranch.------------------- 22
White Mountain Apache................. a 626 Hopparanch---------------- & ſº tº se m e = * * 4
San Carlos Apache ----------------------. 0.835 Wakel ranch --------...- tº º ºs º ºs ºs s a s m ºn e 15
Coyotero Apache------------------------- a859 Too-rup ranch. ---------------------- 18
Tonto Apache.--------------------------- a 615 Sah-sil ranch -----------------------. 32
Southern Apache.-----------------------. 0.179 Ai-yolch ranch ---------------------- 39
Apache Yuma---------------------------- a 324 Surºper ranch.-----------------------
Apache Mohave -------------------------. a.695
COLORADO. }
Indians in Arizona not under an agent.
Southern Ute Agency.
Hualapai --------------------------------- a 620 925
Yuma ------------------------------------ agã0 || Muache, Capote, and Weeminuche Utes.
Mohave ---------------------------------- 0.700
Suppai------------------------------------ a 214 DAKOTA.
CALIFORNIA. Oheyenne River Agency. 239
Hoopa Valley Agency. Blackfeet Sioux ------------------------- 776
9. Sans Arc Sioux-------------------------- 1,399
Hoopa -----------------------------------. 510 || Minneconjou Sioux. --------------------. 774
Mission A Two Kettle Sioux ---------------------..
188ton Agency. -
Crow Creek Agency. “
Serranos.------------------------ --------- 381 988
Dieguenos----------- * * * * * * * * * * * * * * * * * * * * 731 || Lower Yanktonnais Sioux ---..... * * * * * *
Coahuila. --------------------------------. 778
San Luis Rey----------------------------- 1, 120 Levil's Lake Agency. 370
Round Valley Agency. Sisseton Sioux.-------------------------- 353
9. Wahpeton Sioux ------------------------ 210
Concow----------------------------------- 152 || Cut Head Sioux.-------------------------
Little Lake------------------------------. 188
Redwood --------------------------------- 30 Fort Berthold Agency.
Ukie------------------------------------ } 219 672
Wylackie------------------------------- Arickarees ------------------------------ 454
Potter Valley.---------------------------- 31 || Gros Ventre.---------------------------- 226
Pit River--------------------------------- 25 || Mandans --------------------------------
Tule River Agency. Lower Brulé Agency. 558
Tule and Tºjon--------------------------- 159 || Lower Brulé Sioux ---................... 1,
Wichumni, Kaweah, and King's River.. e540 º *
& Pine Ridge Ageney.
Indians in Oalifornia not under an 8, 117
agent. (a) Ogalalla Siqux--------------------------.
Indians in— Rosebud Agency.
Sierra County------------------------ 12 || Brulé Sioux----------------------------
Eldorado County --------------------. 193 || Loafer Sioux.-------------------------.
Mendocino County.------------------. 1,240 || Wahzahzah Sioux.-------------------- aſſ, 762
Shasta County------------------------ 1,037 || Two Kettle Sioux. ----------------.‘.--- 9
Yolo County-------------------------- 47 || Northern Sioux-----------------------.
Tehama County ---...----------------. 157 || Mixed Sioux---------------------------
a From report of 1881.
INDIAN
74.1
POPULATION
ON RESERVATIONS.
Table of population of various Indian tribes.—Continued.
gº; F;
© Q
3 3.
Name of agency and tribe, June 30, 1883. # Name of agency and tribe. #
g g
Pi4 P+
DAKOTA.—Continued. INDIAN TERRITORY-Continued.
Sisseton Agency. Quapaw Agency.
Sisseton and Wahpeton Sioux ............ 1,466 || Seneca----------------------------------- 322
Wyandotte ------------------------------ 287
Standing Rock Ageney. Eastern Shawnee. ----------------------- 72
Miami (Western). ------------...--------- 59
Lower Yanktonnais Sioux. --------------- 954 || Peoria, Pea, and Piankeshaw............ 144
#; Yanktonnais Sioux.--------------- 593 || Modoc ---------------------------------- 97
Blackfeet Sioux. -------------------------- 689 || Quapaw --------------------------------- 48
Uncapapa Sioux-------------------------- 1, 519 || Ottawa ---------------------------------- 115,
Yankton Agency. * Sac and Foa Agency.
Yankton Sioux -------------------------- - 1,977 || Sac and Fox of the Mississippi.......... 442
Absentee Shawnee ---...-----...------..... 721
IDAHO. Pottawatomie (Citizen). --...-----........ 480
Mexican Kickapoo -------------------... 418
Fort Hall Agency. Iowa ------------------------------------ 86
Mokohoko band Sac and Fox wander-
Bannock--------------------------------- 490 ing in Kansas.------------------------- 90
Shoshone --------------------------------- 1, 161
Union Agency.
Lemhi Agency.
Chickasaw ------------------------------ 6,000
Shoshone, Bannack, and Sheepeater...... 750 || Choctaw---------------------------------| 16,000
Cherokee -------------------------------- 20,336
Nez Percé Agency. Creek ----------------------------------- 15,000
Seminole -------------------------------- , 70
Nez Percé -------------------------------- 1,251
IOWA,
Indians in Idaho not wºnder an agent.
Sac and Foz Agency.
Pend d'Oreille and Kootenais. --...------- 600
Sac and Fox----------------------------- 350
INDIAN TERRITORY.
KANSAS,
Cheyenne and Arapaho Agency.
Pottawatomie and Great Nemaha,
Cheyenne--------------------------------- 4, 255
Arapahoe.-------------------------------- 2,314
Pottawatomie --------------------------. 405,
Riowa, Oomanche, and Wichita Agency. Kickapoo-------------------------------- 2285
Chippewa and Munsee -----------------. 65,
Kiowa-----------------------------------. 1, 176 || Sac and Fox of Missouri.---------------. 70
Wichita ---------------------------------. 214 || Iowa ------------------------------------ 131.
Towaconie-------------------------------- 152
Keechie ---------------------------------- 78 MICHIGAN.
Waco------------------------------------- 49
Penetheka Comanche.-------------------- 165 Mackinac Agency.
Delaware -------------------------------. 80
Caddo ------------------------------------ 553 || Pottawatomies------------...------------. a295.
Apache_---------------------------------- 340 || Chippewa of Saginaw, Swan Creek, and
Comanche -------------------------------- 1, 407 Black River --------------------...------ a2,500
Ottawa and Chippewa ------------------. 6,000
Osage Agency. Chippewa of Lake Superior..............] a 1,000
Osage ------------------------------------ 1, 950 MINNESOTA.
&W - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 285
Quapaw ---------------------------------- 200 White Earth Agency.
Otoe Agency. Mississippi Chippewa ----------...------- 865
Otter # Pillager, Chippewa ----------- 539.
Otoe and Missouriac --------------------- 274 || Pembina Chippewa -----------...--------. 218
Red Lake Chippewa --------------------. 1, 179
Pawnee Agency. Pillager Chippewa at Lake Winnebago-
Shish ---------------------------------- 170
Pawnee---------------------------- º as ºn as m tº º 1,251 || Pillager Chippewa, Leech Lake.--------. 1, 108
Pillager at Cass Lake---------...--------. 310,
Ponca Agency.
Ponca ------------------------------------ 542
Nez Percé -------------------------------- 322
alºrom report of 1881.
742
INDIAN POPULATION ON RESERVATIONS.
Table of population of various Indian tribes.—Continued.


; d
.S. #
+2
Name of agency and tribe, June 30, 1883. # Name of agency and tribe. #
- g ‘g.
Q4 P+
MONTANA, NEW YORK.—Continued.
JBlackfeet Agency. New York Agency.—Continued.
Blackfeet, Blood, and Piegan.------------- 6,000 Onondaga.... 335
Onondaga reserve........ } Tonawandae, 3
Crow Agency Oneida.------ 67
Crow ------------------------------------- 3,500 || St. Regis reserve...-------.. St. Regis. . . . . 785
Tonawanda reserve........ Tonaw anda
Flathead Agency. t b and of
łº, eiile............................ º: T Seneca-...-- ;
end d'Oreille ---------------------------- t UlSCàI'OI'3, . . .
Xootenais.-------------------------------- .# |Tuscarora reserve ------. { Onondaga.... 51
Fort Belknap Agency. NORTH CAROLINA.
Gross Ventre ----------------------------. 950 || Eastern Cherokee in North Carolina,
Assinaboine ------------------------------ 850 South Carolina, Georgia, and Tennes-
Fort Peck A 860 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - a2, 200
Orº, PCC ency.
Assinaboine ------------g tº º ſº tº ºn tº ºn tº º º ºs e º º sº sº º 1,300 OREGON.
Yanktonnai Sioux ------------------------ 3,800
Santee Sioux.-------------------- --------- 600 Grand Ronde Agency.
Ogalalla and Teton Sioux.---------------- 814 || Clackama-------------------------------- 34
Rogue River----------------------------- 80
NEBRASKA. Umpqua . . . . --------------------------- 97
Remnants of other tribes. ----------...--. 525
Santee and Flandreau Agency.
Rlamath Agency.
Tºonca ------------------------------------ 168 li Klamath. ------------------------------- 707
Santee Sioux.----------------------------- 762 || Modoc ----------------------------------- 151
Santee Sioux at Flandreau.--------------. 340 || Snake-----------------------------------. 165
Winnebago and Omaha Agency. Siletz Agency.
- Alsea ----------------------------------- 98
Winnebago.------------------------------- 1,476 || Chasta Costa. ---------------------------- 55
maha------------------------------------ 1, 193 || Chetco----------------------------------- 69
Tootootna. ------------------------------- 83
NEWADA. Coos ------------------------------------- 73
Umpqua.------------------------------- 20
Nevada Agency. Coquell ---------------------------------- 114
Pi-Ute.----------------------------------- 8, 461 || Euchre.---------------------------------- 40
Pah Ute ---------------------------------- 570 || Galise Creek.---------------------------- 37
Joshua. ---------------------------------- 44
Western Shoshone Agency. Klamath--------------------------------- 46
1Xè8. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 53
Western Shoshone.----------------------- 500 || Macnootna. ------------------------------ 40
Indians wandering in Nevada.---...----- dº, 300 || Neztucca -------------------------------- 37
Nultanatna .----------------------------- 33
NEW MEXICO. Rogue River ----------------------------- 53
Salmon River.--------------------------- 18
Mescalero and Jicarilla Agency. Sinslaw---------------------------------- 85
|Mescalero Apache ------------------------ 900 Umatilla Agency.
Jicarilla Apache-------------------------- 717 Yº...Wºllº..…::::::::::::::::: ;
Navajo Agency. ayuse. ----------------- e s a se e s e º sº sº e º 'º - ºn s e
INavajo ----------------------------------- a16,000 || Umatilla--------------------------------- 158
Pueblo Agency Warm Springs Agency.
Pueblo------------------------------------ 9,060 || Warm Springs.-------------------------- 430
Wasco ----------------------------------- 254
NEW YORK, Tenino----------------------------------- 77
John Day-------------------------------- 49
New York Agency. Pi-Ute ----------------------------------- 25
Seneca.-----. 826 Indians in Oregon not under agent.
Allegany reserve - - - - - - - - - Onondaga --- 110
Tonawanda .. 9 || Indians roaming on Columbia River.... 800
Seneca -----. 1, 412
Onondaga.... 48 TEXAS,
Cattaraugus reserve. --... Cayuga ------ 156
Tuscarora - - - 4 Tonkawa Special Agency.
Tonawanda.. 14 || Lipan, 6.---------------------------------
Oneida reserve. -----........ Oneida. ------ 186 || Tonkawa, 98------------------------- • * g e ; 108
Corn-planter reserve........ Seneca.-----. 86 || Mixed, 4---------------------------------
a From report of 1881.
INDIAN POPULATION ON RESERVATIONS.
7.43
Table of population of various Indian tribes–Continued.

H ;:
.3 #
•º
Name of agency and tribe, June 30, 1883. # Name of agency and tribe. #
24 ſº
©
§ PH
TEXAS–Continued. WASHINGTON.—Continued.
Indians in Teacas not wºnder an agent. Indians in Washington Territory not un-
- der an agent.
Alabama, Cushatta, and Muskokee....... 290
- Moses's band on Columbia Reservation.. 150
UTAH.
WISCONSIN.
Ouray Agency.
Ute --------------------------------------- 1,400 Green Bay Agency.
Oneida----------------------------------- 1,500
Uintah Valley Agency. Stockbridge --------------------------- - 140
Menomonee------------------------------ 1,500
Uintah Ute ------------------------------- a 430
White River Ute. --...------------------... a541 La Point Agency.
Indians in Utah not wºnder agent. Chippewa at Red Cliff ...-----------...----. 730
Chippewa at Bad River-----------------. 740
Pah-Want --------------------------------- 134 || Chippewa at Lac Courte d'Oreilles....... 1,093
Goship Ute------------------------------- 256 || Chippewa at Fond du Lac ---...-------.. 449
Chippewa at Grand Portage ------------. 265
WASHINGTON. Chippewa at Boise Forte ----------...--. 674
Chippewa at Lac du Flambeau ---------. 665
Colville Agency.
gºne - * * * * * * * * * * * * * * * * tº º ºs º ºs º ºs - ºn e º ºs s as m ºn tº e. . Indians in Wisconsin not wrºder agent.
8K6- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 3
O'Kanagan-------------------------------- 380 || Winnebago ------------------------------ 930
San Poel ---------------------------------- 400 || Pottawatomie (Prairie band)...----------. 280
Methow.-----------.*---------------------- 315 - -
Spokane ---------------------------------- 685 WYOMING.
Coeur d'Alène ---------------------------- 425
Calispel.--------------------------------- o 400 Shoshone Agency.
Shoshone -------------------------------- 842
Neah Bay Agency. Northern Arapaho----------------------- 940
Makah------------------------------------ 701
Quillehute -------------------------------- 318 INDIANS IN INDIANA AND FLORIDA.
Puyallup, Nisqually, dºc., Agency. Miami and Seminole --------------------- 892
Chehalis ---------------------------------- 116 CARLISLE SCHOOL, PENNSYLVANIA.
Puyallup --------------------------------- 598
Nisqually--------------------------------- 105 || Apache, 5; Arapahoe, 30; Caddo, 1; Chey-
Squaxin --------------------------------- 91 enne, 42; Comanche, 11; Creek, 25;
Upper Cowlitz.--------------------------. 71 Delaware, 1; Gros Ventre, 1 ; Iowa, 5;
Lower Cowlitz---------------------------- 56 Raw, 4; Keechie, 1; Kiowa, 9; Lipan,
Olympia ---------------------------------. 12 2; Menomonee, 8; Miami, 1; Modoc, 4;
South Bay -------------------------------. 15 Navajo, 1; Nez Percé, 5; Northern
Mud Bay--------------------------------- 26 Arapaho, 10; Omaha, 31; Osage, 34;
Gig Harbor-----------------------------.. 8 Ottawa, 2; Pawnee, 13; Ponca, 5;
- Pueblo, 18; Sac and Fox, 1; Sioux
Quinaielt Agency. Rosebud, 1; Sioux Pine Ridge, 5; Sioux
uinaielt --------------------------------- 145 Sisseton, 8; Seminole, 2; Shoshone, 2.;
ueet------------------------------------- 84 Towaconie, 1 ; Wichita, 7 --------------|----- tº º tº
Hoh.-------------------------------------- 64
Chehalis and Gray's Harbor -------------.- 122 || HAMPTON NORMAL AND AGRICULTURAL
Shoalwater Bay--------------------------. 113 INSTITUTE, VIRGINLA.
S'Eokomish Agency. Sioux, Winnebago, Omaha, Menomonee,
Gross Ventre, Mandan, Arickaree, Sac
S’Klallam--------------------------------- 450 and Fox, Pawnee, Pima, Papago,
S’Kokomish or Twana -------------------- 225 Apache, Absentee Shawnee, Mohave,
Yuma, and Onondaga -, ---------------|--------
Tulalip Agency.
- FOREST GROVE SCHOOL, OREGON.
D"Wamish and allied tribes............----| 2,805
Chehalis, 7; Chilcat, 1; Nisqually, 3;
Yakama Agency. Oyster Bay, 2; Pitt River, 2; Pi-Ute, 1 ;
Puyallup, 22; Sitka, 4; Spokane, 18;
Yakama, Klikitat, Pisquouse, Wenat- Stickeen, 6; Snohomish, 1; Tonga, 1;
º Seapoat, Klinquit, Pi-Ute, and 3, 42 Hºnºlia 10; Warm Spring, 1; Wasco,
Others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , 420 || 13---------------------------------------|--------
a Taken from report of Major Powell.
- RECAPITULATION.
Number of Indians in the United States, exclusive of those in Alaska -----...-----------. ... - 259,632
§
List of Indian agencies and agents, with post-office and telegraphio addresses, to June 30, 1883.
as
Agency. Agent. Post-office address. Telegraphic address.
AEIZONA.
Colorado River.--------. Jonathan Biggs. ------------ Parker, Yuma County, Ariz.------------------------------ Yuma, Ariz.
Moquis Pueblo .......... Jesse H. Fleming----------. Mgºlº Agency, Ariz., via Winslow on the A. & Moquis Pueblo Agency, via Winslow, on the A. & P. R.R.,
• IV. liº., A.I.12. TIZ.
Pº and Maricopa and | A. H. Jackson ...-------..... Pima and Maricopa Agency, Ariz., via Casa Grande -...-- Casa Grande, Ariz.
apago.
San Carlos -------------- Philip P. Wilcox. ----------- San Carlos Agency, Ariz.--------------------------------- San Carlos, Ariz., via Wilcox, Ariz.
CALIFORNIA.
Hoopa Valley ........... Capt. Charles Porter, U.S.A. Hoopa Valley, Humboldt County, Cal .................... Arcata, Humboldt County, Cal.
Mission ----------------. S. S. Lawson.---------------. San Bernardino, Cal--------------------------------------- San Bernardino, Cal.
IRound Valley ........... H. B. Sheldon ----.......... Covelo, Mendocino County, Cal.--------------------------. Ukiah, Mendocino County, Cal.
Tule River ------...------- C. G. Belknap ------. ------. Porterville, Tulare County, Cal...... ------ * = s = * * * * * * * * * * * * Visalia, Tulare County, Cal.
COLORADO. &
Southern Ute.----------. Warren Patten ..... -------- Ignacio, La Plata County, Colo------...--------------------- Ignacio, La Plata County, Colo.
DAKOTA.
Cheyenne River......... William A. Swan ........... Cheyenne River Agency, Fort Bennett, Dak-...----...----. Fort Bennett, Dak.
Devil's Lake ............ John W. Cramsie. ----...--. Fort Totten, Ramsey County, Dak ...... -----...-----.... Fort Totten, via Larimore, Dak.
Fort Berthold ... -- . . . . . •] Jacob Kauffmann........ --. Fort Berthold Agency, Stevens § Dak ------------- Fort Stevenson, Stevens County, Dak.
Cº. Greek and Lower | W. H. Parkhurst........... Lower Brulé Agency, Dak., via Fort ale................ Lower Brulé Agency, Dak., via, Chamberlain.
I'll (3. -
Pine Ridge (Red Cloud). . W. T. McGillycuddy . . . . . . . . Pine Ridge Agency, Dak: -------------------------------. Pine Ridge Agency, Dak., via Fort Robinson, Nebr.
Rosebud (Spotted Tail) . . . James G. Wright ........... Rosebud Agency, Dak., via Fort Niobrara, Nebr......... Rosebud Agency, Dak, via Thatcher, Nebr.
Sisseton ----------------- Charles Crissey - - - - - - - - - - - - - Sisseton Agency, Dak., via Saint Paul, Minn ...----------- Brown's Valley, Minn.
Standing Rock .......... James McLaughlin . . . . . . --. Standing Rock Agency, Fort Yates, Dak ................. Fort Yates, Dak.
ankton ---------------. William M. Ridpath - - - - - - - - Yānkton Agency, Greenwood, Dak.-----------------...--. Yankton Agency, via Springfield, Dak.
IDAHO.
Fort Hall.--------------. A. L. Cook ----------------. Ross Fork, Oneida County, Idaho...----...----...----------. Ross Fork, Idaho.
Lemhi------------------- John Harris ---------------. Lemhi Agency, Idaho ------------------------------------ Red Rock Station, Mont.
Nez Percés....----...--. Charles E. Monteith........ Nez Percés Agency, Idaho.------------------------------. Fort Lapwai, Idaho.
INDIAN TERRITORY.
Cheyenne and Arapaho..] John D. Miles ........ * * * * * * Darlington, Ind. T., via Caldwell, Kans. ----------------.. Fort Reno, Ind. T., via Dodge City, Kans.
3.
Kiowa, Comanche, and
ichita. -
Osage -------------------
Ponca, Pawnee, and Otoe.
Ulap&W - - - - - - * - - - - - - - - - -
a0 and Fox. ------------
IOWA.
Sac and Fox. ------------
KANSAS.
Pottawatomie and Great
Nemaha.
MICHIGAN.
Mackinac ---------------
MINNESOTA.
White Earth (consoli-
dated).
MONTANA.
Rort Belknap ----------.
Fort Peck. -----------...
NEBRASKA.
Omaha and Winnebago. .
Santee and Flandreau. . .
NEWADA.
Nevada ----------------.
Western Shoshone ......
NEW MEXICO.
Mescalero and Jicarilla..
Navajo .-----------------
Pueblo ------------. p = • * *
Laban J. Miles ------...-----
I.ewellyn E. Woodin.... . . . .
D. B. Dyer------------------
Jacob W. Carter ............
John Q. Tufts ------.... ---.
George L. Davenport -------
John Young
Benry J. Armstrong -------
Peter Ronan ----------------
W. L. Lincoln --------- - - - - -
N. S. Porter ---------------.
George W. Wilkinson ......
Isaiah Lightner ------------
Joseph M. McMaster.------
John S. Mayhugh. ---------.
William H. H. Llewellyn...
D. M. Riordan----------....
Anadarko, Ind. T----------------------------------------.
Pawhuska, Ind. T ----------------------------------------
Ponca, Pawnee, and Otoe Agency, Ind. T., via Arkansas
City, Kans,
Seneca, Newton County, Mo ----...------------------------
Sac and Fox Agency, Ind T -----------------------------.
Muscogee, Ind. T ----------------------------------------.
Tama City, Tama County, Iowa -------------------------.
Saint Mary's, Pottawatamie County, Kans ----...........
Ypsilanti, Washtenaw County, Mich ----------------...--.
White Earth Agency, Becker Ceunty, Minn ...----------.
Blackfeet Agency, Piegan P. O. Choteau County, Mont --
Crow jº Mont -------------------------------------
Flathead Agency, Mont ---------------------------------.
Fort Belknap, Mont -------------------------------------.
Fort Peck Agency, Poplar Creek, Mont -----...-----------
Winnebago Agency, Dakota County, Nebr. ------...-...--
Santee Agency, Knox County, Nebr.-----------...----....
Wadsworth, Washoe County, Nev.--------------------..
Mountain City, Elko County, Nev------------------------
South Fork, Lincoln County, N. Mex.-------------------
Navajo Agency, Manuelito, Valencia County, N. Mex....
Ben. M. Thomas.-----------
Fort Sill, Ind. T.
Coffeyville, Kans,
Arkansas City, Kans.
Seneca, Mo.
Muscogee, Ind. T.
Do.
Tama City, Iowa.
Saint Mary's, Kans.
Ypsilanti, Mich.
Detroit, Minn.
Blackfeet Agency, Mont., via Fort Shaw, Mont.
Stillwater, Mont.
Fort Missoula, Mont.
Fort Assinaboine, Mont.
Camp Poplar River, Mont.
Dakota City, Nebr.
Springfield, Dak.
Wadsworth, Nev.
Elko, Nev.
South Fork, via San Marcial, Fort Stanton, N. Mex.
Manuelito, 'N' Mex. -
Pueblo Agency, Santa Fé, N. Mex.-------- * * * * * * * * * * * * - -
Santa Fé, N. Mex.
§
List of Indian agencies and agents, with post-office and telegraphic addresses to June 30, 1883.—Continued.
Agency. Agent. Post-office address. Telegraphic address.
NEW YORK.
New York -------------. Benjamin G. Casler......... Randolph, Cattaraugus County, N. Y.----...------------- Randolph, N. Y.
NORTH CAROLINA.
Eastern Cherokee. ------ S. B. Gibson.--------------. Charleston, Swain County, N.C.............---- ſº tº us tº º an s e ºs
OREGON.
Grand Ronde. ----------. P. B. Sinnott ...----........ Grand Ronde, Polk County, Oreg. ----...----------------. Sheridan, Oreg.
Klamath ---------------. L. M. Nickerson.----------. Flamath Agency, Lake County, Oreg -------------------- Fort Klamath.
Siletz ------------------- Edmund A. Swan ------...--. Toledo, Benton County, Oreg-,--------------------------. Corvallis, Oreg.
Umatilla ---------------. R. H. Fay. ----------------- Pendleton, Umatilla County, Oreg------------------...----- Pendleton.
Warm Springs ---------. John Smith. ---------------. Warm Springs, Wasco County, Oreg--------------------- The Dalles, Oreg.
TEXAS.
Tonkawa Special Agency Lieut. Elias Chandler, U.S.A.. Fort Griffin, Tex.----------------------------------...------ Albany, Tex.
UTAH.
Ulſa V-- - - - - - - - - - - - - - - - - J. F. Minnis.---------------. Ouray Agency, Utah ------------------------------------. Green River City, Wyo. (thence by mail to agency).
Uintah Valley ........... J. J. Critchlow ............. TJintah Valley Agency, White Rocks, Utah -------------. White Rocks, Utah, via Green River City, Wyo.
WASHINGTON. º
Colville ----------------- John A. Simms------------. Fort Colville, Stevens County, Wash ................... -- Spokane Falls, Wash.
Neah Bay and Quinaielt. Oliver Wood.-----------.... Neah Bay, Clallam County, Wash ------------------------ Port Townsend, Wash.
*...*śl,S’Kokomish, Edwin Fells.--------....... Tulalip, Snohomish County, Wash ----------------------. Seattle, Wash.
and Lulallp.
Yakama----------------- Robert H. Milroy. ---------. Fort Simcoe, Yakima County, Wash -------...------------. The Dalles, Oreg.
WISCONSIN.
Green Bay ---------...--. E. Stephens ---------------. Keshena, Shawano County, Wis-------------------------- Clintonville, Wis. (thence by mail).
La Pointe. ------...-...- ...! William R. Durfee---------. Ashland, Wis -------------------------------------------- Ashland, Wis.
WYOMING. -
Shoshone.--------------. James Irwin.--------------. Shoshone Agency, Sweetwater County, Wyo------------. Fort Washakie, via Rawlings, Wyo.
INDIAN TRAINING SCHOOLS.
Carlisle Barracks....... Lieut. R. H. Pratt, U. S. A...] Carlisle Barracks, Pa. --------, --------------------------. Carlisle, Pa.
:
§

Hampton Normal and | S. C. Armstrong ---........ Hampton, Va.--...... * * * * * * * * = m e º sº tº sº ºn * * * s e º sº a s tº dº º m sº e s m = m a. | Hampton, Va.
Agricultural Institute.
*g. grove Training J. H. Minthorne............ Forest Grove, Oreg--------------------------------------- Cornelius, Oreg.
01.001.
Commissioner of INDIAN AFFAIRs, HIRAM PRICE, Interior Department, Washington, D. O.
CHIEF CLERK of INDIAN AFFAIRs, EZR.A. L. STEVENS, Interior Department, Washington, D. 0.
LIST OF INDIAN INSPECTORS WITH THEIR POST-OFFICE ADDRESS.
WILLIAM J. POLLOCK --------------------------:----------------------------------------------------------------------------------------- Aurora, Ill.
ROBERT S. GARDNER --------------------------------------------------------------------------------------------------------------------- Clarksburg, W. Va.
CHARLES H. HowARD-------------------------------------------------------------------------------------------- º º is as ºn as is is as ºn m = - m * * * * * * * * * * Glencoe,
GEORGE M. CHAPMAN.------------------------------------------------------------------------------------------------------------------- Canandaigua, N. Y.
SAMUEL S-BENEDICT-------------------------------------------------------------------------------------------------------------------- Guilford, Kans.
JAMES M. HAWORTH, Inspector of Indian Schools ---------------------------------------------------------------------------------------- Olathe, Kans.
LIST OF SPECIAL INDIAN AGENTS WITH THEIR POST-OFFICE ADDRESS.
FindY B. Townsºn D---------------------------------------------------------------------------------------------------------------------- Washington, D.C.
ARDEN R. SMITH------------------------------------------------------------------------------------------------------------------------- 1606 Olive street, Saint Louis.
GEO. R. MILBURN------------------------------------------------------------------------------------------------------------------------- Washington, D. C.
JoBN A. WRIGHT--------------------------------- tº ſº º ſº tº gº ee s tº º se as tº gº º sº tº sº as ºn tº º ºs º ºs - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Baltimore, Md.
f
748 MILITARY RESERVATIONS.
MILITARY RESERVATIONS UPON THE PUBLIC DOMAIN.
[See Chapter XVII, pages 249 to 254, 1258.]
To JUNE 30, 1882.
The following list shows that the total number of military reservations in the pub-
lic-land States and Territories is 179; containing 3,141,129.87 acres:
Military reservations in public-land States and Territories, July 1, 1882.
Alabama (1 reservation):
A small reserve at Mobile Bay, area not known.
Alabama and Mississippi:
Acres.
Islands in Gulf of Mexico.----------------------------------------- 6,061. 64
Arizona (14 reservations):
Fort Huachuca, area not known.
Camp Apache----------------------------------------------------- 7,421. 14
Camp Crittenden ------------------------------------------------- 3,278.08
Camp Bowie.----------------------------------------------------- 23,040.00
Qamp Grant (old):------------------------------------------------ 2,031.70
Camp Grant (néw)------------------------------------------------ 42,341.00
Camp Goodwin --------------------------------------------------- 23,040.00
Camp Mojave ---------------------------------------------------- - 6,486.81
Camp McDowell ---------------------------------------------- ... -- 24, 750. 15
Camp Lowell ----------------------------------------------------- 49,920.00
Camp Thomas ---------------------------------------------------- 10,487.00
Camp Verde ------------------------------------------------------ 12,293.79
Fort Whipple----------------------------------------------------- 1,730.00
Timber reserve for Fort Whipple ---------------------------------- 720. 00
Fort Yuma, mostly in California, Small part in Arizona------...----- - 51. 66
Area of military reservations in Arizona not counting Camp Thomas,
which is mostly comprised in Camp Goodwin Reservation -------- 197, 104.33
Arkansas (3 reservations):
Fort Smith Cemetery---------------------------------------------- 14. 81
Quarrying reservation.--------------------------------------------- 260.96
Hot Springs, block 94 --------------------------------------------- 6. 76.
Total in Arkansas----------------------------------------- • - - 282. 53
California (17 reservations):
Angel and Alcatraz Islands, area not known.
Benicia ----------------------------------------------------------- 344. 90
Fort Bidwell---------------. ----- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 3,201.45
Camp Cady.------------------------------------------------------ 1,562.00
Deadman's Island.----------------------------------------------- > 2. 00.
Camp Gaston ----------------------------------------------------- 451. 50
Fort Hill or Monterey, area not known.
Camp Independence ---------------------------------------------- 2,650.18
Molate Island or Golden Rock ------------ ... • * * * * * * * * * * * * * * * * * * * * * * * * 7. 52
Presidio Reserve No. 1 -------------------------------------------- 1,479.94
Point San José (less the area relinquished to city and county of San
Francisco by act of Congress approved July 1, 1870) ------------- 57. 89
Peninsula Island, area not known.
Point Loma, area not known.
San Solito Bay Point, area not known.
Three Brothers, Three Sisters, and Marin Islands at San Pablo Bay
entrance, area not known.
Yerba Buena Island, area not known.
Fort Yuma-------------------------------------------------------- 5,214.30
Total in California as far as the areas are known ----------------- 14,971.68
MILITARY RESERVATIONS. 749
Colorado (8 reservations):
- Acres.
Old Fort Lyon ------------------------------------ gº º ºs º ºs º ºs º ºs º ºs º º ºs º ºs 38,000.00
Fort Garland ----------------------------------------------------- 2,560.00
Fort Lyon ------------------------------------------------------- 5, 864.00
Pike's Peak ------------------------------------------------------- 8, 192.00
Fort Sedgewick--------------------------------------------------- 40,960.00
Fort Pagosa -----. ---- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 22, 400.00
Camp on White River.------------ '- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 40,960.00
Fort Lewis ------------------------------------------------------- 30,720.00
Total in Colorado.....------------------------------------------ 189656.00
Dakota (10 reservations):
Fort Abraham Lincoln, area not known.
Fort Buford, partly in Montana.----------------------------------- 576,000.00
Fort Pembina. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1,899.08
Fort Randall, estimated at ---------------------------------------- 96,000.00
Fort Rice, estimated at -------------------------------------------- 102,400.00
Fort Stevenson, estimated at -------------------------------------- 48,000.00
Fort Sully, estimated at ------------------------------------------- 28,800.00
Fort Totten, estimated at ----------------------------------------- 46,000.00
Fort Wadsworth-------------------------------------------------- 78,400.00
Fort Meaſle ------------------------------------------------------- 11, 184.83
Total area in Dakota, not including Fort Abraham Lincoln, but in-
cluding one-half of Fort Buford in Montana.------------------- 988,683.91
Florida (16 reservations):
North end of Amelia Island---------------------------------------- 419. 44
Fort McRee, area not known.
Battard Island and adjacent lands, area not known.
Fort Brooke------------------------------------------------------- 148, 11
Cedar Keys ------------------------------------------------------- 211. 65
Islands in Charlotte Harbor --------------------------------------- 2, 143.38
Dry Tortugas, area not known.
Egmont Island---------------------------------------------------- 392.77
Fort Barrancas, area not known,
Neck of land at Saint Andrew's Sound, area not known.
Fort Marion and blocks in Saint Augustine and land at Matanzas
Inlet, area not known.
At Saint George's Sound, lands mostly disposed of, they constituting
a part of what is known as “Forbes's Purchase.”
Saint Joseph's Bay, Point Saint Joseph -------------------...------- 3,851.21
Saint Mark's------------------------------------------------------ 305.75
At Santa Rosa Sound---------------- ** * * * * * * * * * is as a sº e s e = * * * * * * * * * * * * 5,958. 20
Key West Shoals, area not known.
Total area of reservations in Florida, as far as known -----------. 13,430. 51
Idaho (5 reservations): -
Fort Boise -------------------------------------------------------- 1,225. 55
Fort Hall--------------------------------------------------------- 646. 50
Fort Lapwai - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1,226.00
Camp Three Forks, Owyhee --------------------------------------- 4,800.80
Fort Coeur d’Alene ------------------------------------------------ 1,280.00
Total in Idaho -------------------------------------------------- 9, 178.05
Illinois: -
Eort Armstrong (Rock Island), area not known
Ransas (6 reservations):
Fort Dodge ------------------ tº tº e º ºs º ºs º ºs º ºs º º ºs tº e º ºs us e º us ºn tº sº dº sº e º me º sº e º ºs e e 14,661.00
Fort Hays -------------------------------------------- - - - - - - - - - - - - 7,600.00
Fort Larned ------------------------------------------------------ 10,240.00
Fort Leavenworth ------------------------------------------------ 2,750.00
Fort Riley -------------------------------------------------------- 19,899.22
Fort Wallace ----------------------------------------------------- 8,960.00
Total in Kansas------------------------------------------------- 64. 110.2%
750 MILITARY RESERVATIONS.
Louisiana (7 reservations):
Battery Bienvenue, area not known.
Baton Rouge------------------------------------------------------ 44, 17
On the coast of the Gulf of Mexico quite a number of reserved tracts,
area not known.
Fort Jackson.------------------------------------------------------ 740. 97
Fort Pike, area not known.
Fort Saint Philip-------------------------------------------------- 556. 12
Tower Dupres, area not known.
Total in Louisiana, as far as known ----------------------------- 1,341.26
Michigan (4 reservations):
Fort Brady, exact area not known.
Fort Mackinac, area not known.
Bois Blanc Island-------------------------------------------------- 9, 199.43
Fort Wilkins------------------------------------------------------ 148.35
Total in Michigan, as far as known------------------------------ 9,347.78
Minnesota (2 reservations):
Fort Snelling, area not known.
Reserve on Saint Louis River-------------------------------------- 7.32
Missouri (3 reservations):
Grand Tower Rock, area not known.
Island in Missouri River, township 50 north, range 33 west..... tº e º 'º º 54. 70
Fort Leavenworth, area not known.
Montana (9 reservations):
Camp Baker------------------------------------------------------ 2,400.00
Fort Benton, area not known.
Fort Buford (see under Dakota).
Fort Ellis--------------------------------------------------------- 82,160.00
Fort Shaw -------------------------------------------------------- 32,000.00
Fort Keogh ------------------------------------------------------- 57,619.00
Fort Assiniboine, estimated.---------------------------------------- 704,000.00
Fort Missoula----------------------------------------------------- 2,777. 64
Fort McGinnis, estimated ----------------------------------------- 31,000.00
Total in Montana, as far as known ------------------------------ 861,956.64
Nebraska (6 reservations):
On North Fork of Loup River------------------------------------- 3,251.41
Fort McPherson--------------------------------------------------- 19,500.00
Fort Niobrara, increased in area to -------------------------------- 35,012. 27
Fort Robinson ---------------------------------------------------- 15, 360.00
Camp Sheridan --------------------------------------------------- 18,225.00
Fort Sidney------------------------------------------------------- 3,835.35
Total in Nebraska ---------------------------------------------- 95. 184.03
New Mexico (13 reservations): .
Fort Bayard ------------------------------------------------------ 8,840.00
Fort Butler (never declared)--------------------------------------- 76,800.00
Fort Craig-------------------------------------------------------- 24,895.00
Fort Cummings, increased in area to ------------------------------ 23,040.00
Fort Marcy ------------------------------------------------------- 17.77
Fort McRae------------------------------------------------------- 2,560.00
On Moro River---------------------------------------------------- 5, 120.00
Fort Selden------------------------------------------------------- 9,613.7
Fort Stanton ----------------------------------------------------- 10,240.00
Fort Sumner Cemetery-------------------------------------------- 320, 00
Fort Thorn ------------------------------------------------------- 23,040.00
Fort Union ------------------------------------------------------- 66,880.00
Fort Wingate, increased in area to-------...------------------------ 83,200.00
Total in New Mexico, not including Fort Butler, never declared... 257,766.51
-º sº-º
*
MILITARY RESERVATIONS.
751
Nevada (3 reservations):
Camp Halleck----------------------------------------------------
Camp McDermitt-------------------------------------------------
Total in Nevada.-----------------------------------------------
Oregon (4 reservations):
Fort Klamath -----------------------------------------------------
Sand Island.--------------------------------------- ---------------
Point Adams-----------------------------------------------------
Fort Orford, area not known.
Totalin Oregon, as far as known---------------------------------
Utah (4 reservations):
Fort Cameron ----------------------------------------------------
Camp Douglas ----------------------------------------------------
Camp Floyd------------------------------------------------------
Rush Lake Valley---------------------------------- tº e º sº tº º ºn tº sº * * * * * *
Total in Utah.--------------------------------------------------
Washington Territory (36 reservations):
Port Angeles and Ediz Hook, area not known.
Canoe Island ------------------------------------------------- , º ºs º ºs
Fort Cascades-----------------------------------------------------
Fort Colville------------------------------------------------------
Cape Disappointment.----------- • gºs e º 'º gº tº e º sº sº tº e º ſº tº sº º gº º º ºs º gº º ſº gº º ſº º ºs º º
Lopez Island------------------------------------------------------
Straits Juan de Fuca ---------------------------------------- tº ſº sº tº
Point Roberts -----------------------------------------------------
On San Juan Island-------------------- - - - - - • * * * * * * * * * * * * * * * * * * * * * * *:
Shaw Island------------------------------------------------------
Fort Three Tree Point.--------------------------------------------
Port Townsend---------------------------------------------------
Fort Vancouver--------------------------------------------------
Fort Walla Walla corrected area ---------------------------------.
On north side of New Dungeness Harbor --------...------------------
South side New Dungeness Harbor---------------------------------
West side of entrance to Washington Harbor...... -- - - - - - - - - - - - - - -
East side of entrance to Washington Harbor - - - - - - - - - - - - - - - - - - - - - -
Challam Point------------. --------------------------------------
Opposite Challam Point ------------------------------------------
Opposite Protection Island----------------------------------------
Vancouver Point ------------------------- - - - - - - - - - - - - - - - - - - - - - - - -
Point Wilson.-----------------------------------------------------
Admiralty Head-------------. ms as sº e º ºs º ºs e º ºs º ºs e º ºs º º sº sº sº sº ºr me as º º sº º sº º º sº dº sº tº ſº
Marrowstone Point.-----------------------------------------------
North of entrance to Deception Pass (including islands) - - - - - - - - - - - -
South of entrance to Deception Pass ---------------------. --------
Two islands east of Deception Pass.--------------------------------
Tala Point, near Hood's Canal ------------------------------------
Hood's Head, near Hood's Canal.---------------------. ------------
Foulweather Point------------------------------------------------
Double Bluff------------------------------------------------------
Point Defiance---------------------------, ------------------------
Three tracts on west side of narrows of Puget Sound (each 640)....
Most northerly point of Whidbey’s Island - - - - - - - - - - - - - - - - - - - - - - - - - -
Fort Spokane-----------------------------------------------------
Acres.
920. 00.
10 900. 93.
10,374. 40
22, 195. 33
3, 135.68
4,577.86
*-*.
23,378,00
2,560.00
94, 550.00
5, 131.47
125,599.47
Total area reserved in Washington Territory, including some lands
disposed of prior to date of the orders declaring reservations.---
Wisconsin (1 reservation):
Stone Quarry Reservation in township 28 north, range 25 east.----.
26,079.36
amºmºmºmº same-sºº.
1,046. 10
752 STATE SELECTIONS.
Wyoming (9 reservations):
iº - Acres.
Fort Bridger ---------- • * * * * * * * - - - - - - - - - - - - - - - - - - - - - - tº º sº ºn e s m me me tº s º ºs e as e 10, 240.00
Fort Fetterman.----. • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ------- 89,680.00
Fort Laramie increased in area to------ • * * * * * * * * * * * * * * * * * * * * * * * * * * 74,280
Fort D. A. Russell ------------------ * * * * * * * * * * * * * * * * * * e º m e º ºs ºn tº º ºs we 4, 512.00
Fort Sanders.----. • - - - - - - - - - - - - - - - - * * * * * * * * * * * * * * * * * * * * * • e - ºr sº tº ºr - ºr e º e 21,882.64
Fort Fred Steele increased in area to.--------------- • e s = • * * * * * * * * * * * . 25,600,00
Sulphur Creek (for coal)------------------------------------------ 100.00
Fort McKinney ----- - - - - - - - - - - - - - - - - - - - - - - - - - - - - an ºn e º ºs. e º an e º e º us tº e s = e is 25,600.00
Depot McKinney------------------------------------ º º ºs º º sº - º e º 'º º º ºs 640. 00
Total in Wyoming------------------------------- - - - - - - - - ºr ºs º º º tº º tº 252, 494.64
Recapitulation of areas as far as known or estimated.
[See page 1259.] .
sh
#3 -
“s # States and Territories. Area.
d
#
- Acres
1 ibana- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
* - - - - Islands in Gulf, Alabama and Mississippi.--------------------------------------- 6,061. 64
14 izona. ------------------------------------------------------------------------- 197, 104.33
8 Arkansas ------------------------------------------------------------------------ *e
17 | California------------------------------------------------------------------------ 14, 971.68
8 Colorado ------------------------------------------------------------------------- 189, 656.00
10 Dakota, including that part of Fort Buford in Montana ------------...----------- 988,683.91
16 orida ------------------------------------------------------------------------- 13,430. 51
5 &h9 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 9, 178.05
1 | Illinois, Fort Armstrong (area not known).--------------------------------------|-------------.
6 IISBS- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 64, 110.22
7 | Louisiana----------------------------------------------------------------------- 1, 341. 26
4 || Michigan.------------- * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 9,347.78
2 | Minnesota, besides Fort Snelling ----------------------------------------------- 7. 32
3 | Missouri (one partial)-----------------------------------------------------------
9 || Montana ------------------------------------------------------------------------ 861,956. 64
6 | Nebraska.---------------------------------------------------------------------- 95, 184.03
13 | New Mexico (Fort Butler never declared)... ----------.......................... 257,766. 51
3 | Nevada ------------------------------------------------------------------------ 22, 195. 33
4 Ǻn * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * is sº e º e º ºs e s - e º as 4, 577.86
4 || Utah---------------------------------------------------------------------------- 125, 599.47
86 I Washington --------------------------------------------------------------------- 26,079. 36
1 | Wisconsin ---------------------------------------------------------------------- 1,046. 10
9 Wyoming----------------------------------------------------------------------- 252,494. 64
179 Grand total ------------------------------------------------------------------ 3,141,129.87
STATE SELECTIONS.
[See Chapter XVIII, page 255.]
To JUNE 30, 1883.
No change in this chapter since June 30, 1880. Grants certified and law in fact
executed.
DISTRIBUTION ACT OF SEPTEMBER 4, 1841. 753
DISTRIBUTION ACT OF SEPTEMBER 4, 1841.
[See Chapter XIX, pages 256 and 1260.]
CoRRECTED TO JUNE 30, 1882.
Statement showing the respective shares of the several States and Territories of the United
States and the District of Columbia, under the distribution act of September 4, 1841, of the
residue of the net proceeds of the public lands sold to August 29, 1842. *
States and Territories and District | Distributive || States and Territories and District | Distributive
of Columbia. shares. of Columbia. shares.
Maine ------------------------------ $19,716 23 || Mississippi....... -- - - - - - - - - - - - - - - - $14,088 14
New Hampshire -------------------- 11, 181 36 || Louisiana. ---------------------. -. 14, 16899
Massachusetts.--------------------- 28,985 35 || Tennessee ....... ------............ 29,703 28
Rhode Island. ---------------------- 4, 276 03 || Kentucky ------------------------- 27,776 19
Connecticut ------------------------ 12, 180 70 || Ohio -------------...----------------- 61,046 33
Vermont---------------------------- 11,471 09 || Indiana.--------------------------- 30,278 13
New York-------------------------- 95,436 04 || Illinois ------...-------------------.. 50, 563 10
New Jersey------------------------- 14,657 17 || Missouri. -------------------------. 23, 246 55
Pennsylvania.---------------------. 67,788 95 || Arkansas.------------------------. 5, 012 16
Delaware --------------------------- 3,027 14 || Michigan -------------------------- 9,729 57
Maryland.-------------------------- 17,057 42 || Wisconsin ------------------------- 1, 215 72
Virginia ---------------------------- 41,657 00 iſ Iowa ------------------------------ 1,693 70
North Carolina --------------------- 25,739 60 || Florida. ---...-----------------...-. 1, 736 29
South Carolina---------------------- 18,214 90 || District of Columbia. .............. 1,643 72
Georgia ---------------------------- 22,750 37 -º-º-º-º-
Alabama---------------------------- 25, 125 23 Total.----------------------- 691, 11705
CANAL, WAGON, MILITARY WAGON, AND RAILROAD GRANTS.
[See Chapter XX, pages 257–288, and 1260.]
To JUNE 30, 1882.
No change in the statistics of canal, wagon road, and military wagon road grants
has taken place since June 30, 1880. The area granted remains the same. See pages
258, 259, 260, and 279.
LAND GRANTS TO RAILROADS–AREA NECESSARY TO FILL.
The estimates of acreage of public lands requisite to comply with grants already
made, including lands already patented or selected, to June 30, 1880 (see pages 268,
269,270,271, 272,273, and 287), have not been materially changed, viz, 155,504,994.59
acres. The area of patented or certified railroad grant lands, being to June 30,1882, was
46,526,823.06 acres, leaving a balance not yet certified or patented of 108,978,171.48
3. CreS.
VALUE OF LAND'S GRANTED RAILROADS.
November 1, 1880, the Auditor of Railroad Accounts estimated the value of public
lands granted railroads at $391,804,610.16. (See tables of operations of land depart-
ments of land-grant railroads for the years 1878–82, pages 772–787.)
48 L O—WOL III
754 LAND-GRANT RAILROADS.
CONSTRUCTION OF LAND-GRANT RAILROADS.
[See pages 268 and 1260.]
To JUNE 30, 1881, AND JUNE 30, 1882.
IN THE YEAR ENDING JUNE 30, 1881.
*
The reports of construction of land-grant railroads during the fiscal year ending
June 30, 1881, show an aggregate of 200 miles, which, with those previously reported
(15,430.14 miles), make a total of 15,630.14 miles of such road, distributed as follows:
|
i
States and Territories. States and Territories. Miles
|--------— — — — —
Alabama. ------------------------------- Mississippi -----------------. -----. - - - 406. 00
Arkansas -----. ------------------------- issouri. ------------------------------ 703. 00
California. ------------------------------ i Nebraska. ----------------------------- 832. 00
Colorado-------------------------------- | Nevada -------------------------------- r 460. 00
Dakota --------------------------------. | New Mexico. -------------------------- 50.00
Florida --------------------------------- | Oregon -------------------------------- 227. 00
Illinois --------------------------------- # Texas (where there are no U. S. lands). 342.87
Indian Territory.----------------------- | h ---------------------------------- 255.00
Iowa------------------------------------ | Washington. ........................ 106. 0()
Kansas --------------------------------. | Wisconsin ----------------------- * * * * * * 553. 00
#: • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * | Wyoming.----------------------------- 400.00
1Chigan - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - | -º-º-
Minnesota ------------------------------ Total.--------------------------- 15,630. 14
º IN THE YEAR ENDING June 30, 1882.
The reports of construction of land-grant railroads during the fiscal year ending
June 30, 1882, show an aggregate of 608.96 miles, which, with those previously reported
(15,640.14 miles), make a total of 16,239.10 miles, distributed as follows:
States and Territories.
States and Territories.
Alabama.----------------------------- * *
Arkansas -------------------------------
illinois .................................
Mississippi ------------------ * * * * * * * * * *
i Montana......-------------------------
Nebraska ----------------------------.
Nevada.------------------------------.
| New Mexico.---------------------...--.
i
!
!
|
|
| Missouri.-----------------------------
|
|
|
• * tº e s s e º ºs e s is is s as a • * * * * * * * * * * * * * * *
as e º 'º º º is us e º 'º º tº º sº * * * * * * * * * * * * * * * * * * * *
Washington ...---------------- * * * * * * * *
Wiscons & e º a e - - ºn tº gº & & & © - - * * * * - - * * * * is e e
16,239.10
CANAL, WAGON, MILITARY WAGON, AND RAILROAD LANDS.
755
PATENTED AND CERTIFIED CANAL, WAGON, AND MILITARY WAGON ROAD
AND RAILROAD LANDS.
{See pages 1261 and 1263. ]
To JUNE 30, 1882.
Statement showing number of acres certified or patented during the year, to June 30, 1882,
and up to June 30, 1882, for canal, wagon road, and military wagon roads and railroads:
to States and corporations.
RECAPITULATION.
t Kº- -
####s ####
3:.3% ####
. Sr. & R _{ § 3 g Cº
State. is § T 93 E * : *.
3: rº Q ;: a 3 g
5 ### 3 : *
#3 5 §5 #383
Illinois---------------------------------------------------------------------------------- 2,595,053.00
Mississippi ---------------------------------------------------------------|-------------- 935, 158.70
Alabamā------------------------------------------------------------------ 51,313.41 2,882,076. 40
Florida -------------------------------------------------------------------|-------------. 1, 760, 834. 98
Louisiana ------------------------------------------------------------------------------- 1,072,406. 47
Arkansas -----------------------------------------------------------------|-------------. 2, 376, 891.49
Missouri------------------------------------------------------------------|-------------- 1, 305, 429.87
OW a- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 759, 36 4,706, 458.39
Michigan -----------------------------------------------------------------|------------- 3, 229,010. 84
Wisconsin ---------------------------------------------------------------|-------------. 2,807, 583.88
Minnesota ---------------------------------------------------------------- 800.00 | 7,748, 651. 32.
Kansas ------------------------------------------------------------------- 720.00 4,449, 226. 28.
53,592.77 | 35,958,781. 62
Corporations ------------------------------------------------------------. 122,813.89 11, 235,783. 20.
Total railroad grants to June 30, 1882............................... 176,406, 66 || 47, 194, 564, 82
Deduct amount of land declared forfeited by Congress. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 667, 741.76
46, 526, 823.06.
Wagon roads to June 30, 1882: - ---------
Wisconsin ----------------------------------------------------------------|-------------- 302,930. 96.
Michigan -----------------------------------------------------------------|-------------- 221,013. 35.
Oregon.-------------------------------------------------------------------|-------------- 777, 0.96.76
Total wagon roads---------------------------------------. ----------|-------------- 1,301,041. 07
Railroads. ---------------------------------------------------------------- ..............; 46,526,823.06

\
176,406.66 47, 827, 864. 13
Grand total railroad, wagon road, and canal grants patented or certi- .
fied from 1824 to June 30, 1882 -...---------...----.
* * * * * * * * *-> & ©
• * * * * * * * * * * * * *
* * * * * * * *
e = * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e º ºs e s - ºr e = * * * * * * * *
e e º e s e º ºs e º sº e º e º sº e º e º ºs s is sº e s tº a e s a • * * * * * * * * * * * * * * * * * * * *
as a m = • * * * * * * * * * * * * * * * * * * * * * * * * = * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
s = e, a s a sº me • * * * * * * * * * * * * *
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
- ..sº-ºº-- - ---wº-
Patented or certified during the year ending June 30, 1882 - ..........
;
Statement exhibiting land concessions by Congress to States and corporations for railroad purposes, date of law, mile limits, and acres certified and
patented, from 1850 to June 30, 1882.
[Soe pages 274 to 279.]
Number of
º Number of
* # *. sº." acres certified
States. Date of laws. º Name of road. Mile limits. p or patented
E & for ; year up to
ending
# # Junºssa. June 30, 1882.
Illinois --------- Sept. 20, 1850 9 || 466 Illinois Central.......... * e s m me as a sº sº ºn & m º ºs • * * * * * * * * * * * * * * * * * * * * 6 and 15 ------------------------|---------------- 2,595,053 00
Mississippi..... Sept. 20, 1850 9 || 486 || Mobile and Ohio River.............------------...---------- 6 and 15 ------------------------|---------------- a?37, 130 29
Do.-----...-- Aug. 11, 1856 | 11 30 Vicksburg and Meridian ......... --...-----------.......... 6 and 15 ------------------------|---------------. 198,028 41
D0---------- Aug. 11, 1856 | 11 || 30 Gulf and Ship Island........................ -------------- 6 and 15 ------------------------|----------------|----------------
Alabama ------. Sept,20, 1850 9 466 i Mobile and Ohio River .................................... 6 and 15 ------------------------|---------------- a419, 528 44
Do---------- May 17, 1856 || 11 15 Alabama and Florida. ------...-------------------------... 0 and 15 ------------------------|---------------- 394, 522 99
Do.----...-- June 3, 1856 11 17 | Selma, Rome, and Dalton ----...--------------------------. 6 and 15 ------------------------|---------------- b457,215 37
Do.------...-- May 23, 1872 | 17 | 159 || Act confirming lands heretofore certified to the State for
the Alabama and Tennessee Railroad.
Do.--------- June 3, 1856 11 17 | Coosa and Tennessee ----...----------------...------------- 6 and 15 ------------------------|---------------. c67,784 96
Do---------- June 3, 1856 11 17 | Mobile and Girard.---------------------...--------------. 6 and 15 ------------------------|---------------. c504, 145 86
Do---------- June 3, 1856 11 17 | Alabama and Chattanooga.-------................ -----.. ; 6 and 15 ------------------------ 48,389 07 601,970 41
Do---------- Apr. 10, 1869 | 16 45 Act to renew certain grants of land to the State of Alabama
Do.--------- June 3, 1856 || 11 17 | South and North Alabama.................. . . . . . . ...... 6 and 15 ------------------------ 2,924 34 436,908 37
Do ------------ Mar. 3, 1857 | 11 200 || Act amending the sixth section of the original act ...... ;
Do.--------- Mar. 3, 1871 16 580 || Act to renew certain grants orland to the State of Alabama
Florida ...... -- May 17, 1856 11 15 A. §ºr and West India Transit (formerly Florida | 6 and 15 ----------------...-----|---------------- d290, 183 28
lſ. TO3,01).
Do ---------- May 17, 1856 | 11 | 15 Florida and Alabama ------...---------...----------------- 6 and 15 ------------------------|---------------- 165,688 00
Do.--------- May 17, 1856 11 15 | Pensacola and Georgia ------...-...-----------...--...----- 6 and 15.-----------------------|---------------- cel, 275, 579 52
Do ---------- May 17, 1856 11 15 | Florida, Atlantic and Gulf Central ........................ 6 and 15 ------------------------|---------------- cf.29, 384 18
Louisiana.------ June 3, 1856 11 18 | North Louisiana and Texas . . . . . . . . . . . . . . . . . . . ... --------. 6 and 16 ------------------------|---------------- 353,212 68
Do. --------- June 3, 1856 11 18 New Orleans, Opelousas and Great Western ......... . . 6 and 15 ---, ------------------------------------ g719, 19379
Do.--------- July 14, 1870 16 || 277 || Act declaring forfeited to the United States all the lands
Inot lawfully disposed of by the State.
Arkansas.-----. Feb. 9, 1853 10 | 155 | Saint Louis, Iron Mountain and Southern ............ .. 6 and 15 ------------------------|--- ------------ h1, 115, 116 88
Do ------------ July 28, 1866 14 || 338 ||-----. (10- - - - - - - - - - - - - - - - - - - - - - - - - - - - : • * * * * * * * * * * * 3 - - - - - - - - - - Additional 5 --------------------|---------------- i204,079 17
Do ---------- May 6, 1870 | 16 || 376 | Resolution º the time for completion of first -
twenty miles of road.
Do ---------- Feb. 0, 1853 10 | 155 | Little Rock and Fort Smith ...------------------------. 6 and 15 ------------------------|---------------- j550, 584 09
Do ------------ July 28, 1866 || 14 || 338 |...... do. ------ • * * * * * * * * * > * * * * * * *s tº º tº gº tº º tº as ºs tº sº dº º ºn e º 'º º dº * * * * * * * Additional 5--------------------|---------------- 366,156 26
Do------------ Apr. 10, 1869 | 16 46 || Act extending the time for completion of first twenty
miles of road, &c.
Do --------- Mar. 8, 1870 16 76 Act repealing provision in act of April 10, 1869, as to mode
• of sale of lands.
Do ---------- Feb. 9, 1853 10 | 155 Memºis and Little Rock---------------------------------- 6 and 15 ------------------------|---------------- 127, 238 51
Do ---------- July 28, 1866 || 14 || 338 |. ----. 0 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Additional 5--------------------|---------------- l13,716 58
Do ---------- July 4, 1866 14 83 Saint Louis and Iron Mountain . ----...------...---------- 10 and 20 ------------------------|----------------|----------------
Missouri........ June 10, 1852 10 8 | Southwest branch of the Pacific Road.................... ; 6 and 15 ------------------ st sº as sº º sº ł---------------- m728,949 36
Bo.--------- June 5, 1862 12 i 422 | Act extending the time for completion of road for ten years -

§
Hannibal and Saint Joseph. --------------------------...--.
Saint Louis, Iron Mountain, and Southern................ ;
- - 0 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Saint Louis and Iron Mountain ----------------------------
Burlington and Missouri River.--------------------...---- ;
• - es - - - 0 - - - - - - - * * * * * * * * * * * * * * * * * * * * * * * * as ºs is ºn - as ºn s = • * * * *
Resolution extending the time for completion of road....
Do------------. June 10, 1852
Do. . . . . . . ------ Feb. 9, 1853
Do ----. ------ July 28, 1866
Do.----------. July 4, 1866
Iowa--------------- May 15, 1856
Do ------------ June 2, 1864
Do. ------------ Feb. 10, 1866
Do. -----------. May 15, 1856
Do. ------------ June 2, 1864
Do------------. Jan. 31, 1873
Do ------------ June 15, 1878
Do------------- |May 15, 1856
Do.------------ June 2, 1864
Do------------- May 15, 1856
Do------------. June 2, 1864
Do------------- Mar. 2, 1868
Do.------------ May 15, 1856
Do------------. Aug. 8, 1846
Do.------------ July 12, 1862
Do.-----------. May 12, 1864
Do------------ May 12, 1864
Do------------- May 12, 1864
s sº - as “s - wºev e = * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * * * * * *
s • - we as - WAv * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * > * * * * * * * *
Dubuque and Sioux City. -- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Act authorizing said road to change its line . . . . . . . . . . . . . .
Aºnding the time for completion of road to January.
1, 1872.
Iowa Falls and Sioux City
Des Moines Walley
& & an º e º ºs ºn sº ºn tº * * * * * tº gº ºn tº º 'º - sº ºn as º ºs º gº sº º ºs ºn
e as - sº e - as sº an e s ºs º ºs ºs ºs s tº as sº º 'º as ºs e º ºs • a se - e º ºr at s s - as e
#." and Missouri River. ------------------...---------
icago, Milwaukee and Saint Paul
Sioux City and Saint Paul
* - - - - - as * * * - - - - - ºg - - - - - gºs -
6 and 15 - º ºr - * * * * * * * * * • * * * * * * * * * * *
6 and 15.- ... --------------------
tº sº - sº - - - - - - s - - - - - - - - - - - - tº
* * * * * * * * * * *s e = w as º sº e º sm s as tº º is as s e º sº, e.
10 and 20-----------------------.
10 and 20 ----------------------.
10 and 20-----------------------.
* * * * * * * s m - sº m ºn s sº a
s ºs ºs e is ºn tº as ºn tº e s = e s tº
º ºg ºr ºn tº º º ºs é º sº tº ºr tº sº ºw
'm603, 186.34
63,294.17
“s g º ºs ºn º ºs ºs º ºr ºs º ºr * * *
tº s - us s - w = • * * * * * * *
o292,050.80
96, 646. 55
op481, 974.36
q161,172.81
p782,459.83
rð59, 660. 30
p550,467.96
683,023.80
569,001. 58
8138, 187. 30
183,902.89
t407,910.21
a In the adjustment of this grant the road was treated as an entirety, and without reference to the State line; hence Alabama has approved to her more, and Mississippi
ess, land than they would appear to be entitled to in proportion to the length of road line in the respective States.
b 192 acres deducted from the amount heretofore reported to correct an error in addition.
c No evidence of the construction of any part of these roads, as required by the acts, having been filed in the General Land Office, the grants are presumed to have lapsed,
but the lands have not been restored to the mass of public lands, Congress having taken no action to that end.
d 8,199.11 acres heretofore erroneously reported as certified for the Florida, Atlantic and Gulf Central Railroad.
e 366.59 added to correct, an error in the amount heretofore reported.
f 8,199.11 acres deducted from the amount heretofore reported and added to the amount certified for the Florida Railroad (now Atlantic, Gulf and West India Transit).
g 51,452.03 earned by the construction of eighty miles of road prior to June 3, 1866; 227,879.94 acres within the limits of the grant of March 3, 1871, to the New Orleans,
Baton Rouge and Vicksburg Railroad Company, and 439,861.82 acres, restored to market in March, 1873, under the act of July 14, 1870.
h 292.53 acres relinquished by the company deducted from the amount, heretofore reported.
i 841.91 acres relinquished by the company deducted from the amount heretofore reported; 2,760 acres also deducted to correct an error in the report for 1879.
j63.91 acres added to make the correct amount certified. -
k 40 acres relinquished deducted from the amount heretofore reported.
! 160 acres relinquished and deducted; 729.61 acres also deducted to make the correct area patented.
m 429,084.18 acres certified to the State and 3,130.97 acres patented under this grant, lying southwest of Springfield, Mo., deducted from the amount previously reported and
charged to the grant of July 27, 1866, to the Atlantic and Pacific Railroad Company. 40 acres relinquished and deducted.
m 320 acres relinquished deducted from amount given in previous reports.
o 120 acres relinquished deducted from amount given in previous reports.
p Includes'35,685.49 acres of the Chicago, Rock Island and Pacific Railroa
Dubuque and Sioux City Railroad, situated in the old Des Moines River grant of August, 1846, which amounts are a loss to the roads
Supreme Court in the case of Wolcott vs. Des Moines Company (5 Wallace, 681).
q 40 acres relinquished deducted from amount previously reported.
* 320 acres outside the limits of the grant deducted from amount previously reported,
s 97.39 acres relinquished deducted from amount previously reported,
t 10,911.41 acres approved in 1874 not heretofore reported,
d, 109,756.85 acres of the Cedar Rapids and Missouri River Railroad, and 77,535.22 acres of the
by the decision of the United States
&
Statement exhibiting land concessions by Congress to States and corporations for railroad purposes, je.—Continued.
| |
t Number of &
f a acres certified asºa
States. Date of laws. # d Name of road. Mile limits. i. *:::: Or pºem
—º 80 - * up to
§ # | § Jºse. June 30, 1882.
Michigan. --...---- June 3, 1856 11 21 | Port Huron and Lake Michigan ...... . . . . . . . . . . . . . ...... 6 and 15 ............... tº tº e s tº dº * * * } at as a sº as < * * * * * * * * * * a37,467.43
Do. -----------. Mar. 3, 1879 20 490 Joint resolution releasing the reversionary claim and in-
; terest of the United States in and to certain lands in
Michigan.
Do. ------------ June 3, 1856 11 21 Jackson, Lansing and Saginaw ----.... . . . . . . . . . . . . . . . . . . . 6 and 15 . . . . . . .------------------------ & º º ºs º ºs e º tº 743,009. 36
Do. . . . . . . . . . . . . July 3, 1866 || 14 78 || Act ººing the time for completion of road seven
years, &c.
Do. ------------ Mar. 2, 1867 14 425 A. ºding the time for completion offirst twenty miles X
- OI I'O3.01.
Do------------- Mar. 3, 1871 16 586 || Act authorizing change of northern terminus from Trav-
erse Bay to Straits of Mackinac, and for other purposes. J
Do. ------------ June 3, 1856 11 21 Grand Rapids and Indiana ------------------------....... 6 and 15 -----...-- tº § ſº tº gº tº ſº tº e tº ſº tº dº ſº as º gº as g º ºs e º e is as a sº sº e 629,993. 11
Do. ------------ June 7, 1864 13 119 Grand Rapids and Indiana from Fort Wayne, Ind., to l, 6 and 20 ........................}................ 222,967. 01
Grand Rapids. ſ
Do. -----------. Mar. 3, 1865 13 || 520 Act extending time for completion of road eight years...
Do------------- June 3, 1856 11 21 | Flint and Pere Marquette ... --...----.................... 6 and 15 . . . . . . .----- is is tº ºn e s is sº sº ºn s is e º e a s as as a e º e º ºs e º in 512, 337.03
Do------------- Feb. 17, 1865 13 569 | Resolution extending time for completion of road ........
Do------------- July 3, 1866 14 78 Act authorizing the company to change the western ter-
minus of its road.
Do------------- Mar. 3, 1871 16 || 582 || Act extending time for completion of road five years ....
Do.------------ June 3, 1856 11 |. 21 | Marquette, Houghton, and Ontonagon ... -------...--.... 8 and 15 ------------------------ } b437, 411. 30
Do tº º as ºn s m º ºs e º sº & & Mar. 3, 1865 13 521 s s s sº ºn tº 0 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - s & sº e ºs e s as tº a s sº s is a s is e s tº s is a dº sº tº sº tº is tº tº e s is e º º is sº e s sº ºn 4 y &
Do------------- May 20, 1868 15 252 | Resolution extending time for completion of road, &c,...,
Do. -- . . . . . . . . . . Apr. 20, 1871 17 643 || Act authorizing the Houghton and Ontonagon Railroad
Company to resurvey and locate anew a part of its road.
Do............. June 3, 1856 || 11 21 | Ontonagon and Brulé River. ---...--...---------------..... 6 and 15 ----------------- • s • * * * * } e s w is a e s s is e º sº e e s • I w = < * * ---------
Doc. ----------- Mar. 3, 1865 18 || 521 | Bay de Noquet and Marquette . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 sections---------------------|------- tº me tº sº tº ºn tº sº. 128,000.00
Do------. . . . . . . July 5, 1862 | 12 || 620 | Chicago and Northwestern............................... 6 and 15 ----------------------- º 517,825, 60
Do------------- Mar. 3, 1865 13 || 520 | . . . . . . do. -------------------------------------------------. } 20 --------------------- º gº º e º se sº e ..] § -------------- Col'ſ, 825.
Do------------- May 23, 1872 | 17 | 160 || Act authorizing a change of route in Michigan ---------. •
Wisconsin . . . . . . . . . June 3, 1856 11 20 | Chicago, Saint Paul and Minneapolis, formerly West Wis.) | 6 and 15........................................ * 327, 903. 69
: COIl8lD. l 10 and 20 -----------------------|-- sº e º sº sº º sº e sº as ºr e º as 474,913. 20
Do. -----------. May 5, 1864 13 66 |- - - - - - 0. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Do. ---------- . | Mar. 3, 1873 17 | 634 || Act to quiet title to the lands of the settlers on hiſ
i claimed by the West Wisconsin Railway Company.
Do. -----------. June 3, 1856 11 20 | Wisconsin Railroad Farm-Mortgage Land Company...... * * * * * * * * * * * * * * * * * * * * * * * *e e s ºr s a s is e º sm sº e º sº e * * * * * * * * * * = 40,049. 11
Do------------. July 27, 1868 15 238 || Act amendatory of the original act. -----...----...... . . . . .
Do. . . . . . . ------ June 3, 1856 11 20 | Saint Croix and Lake Superior... . . . . . . . . . . . . . . . . . . ...... } 6 and 15 ----------------------- e ; 524. 538, 15
Do. --...------- May 5, 1864 13 | 66 ||----.. O- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 19 and 20 ---------------- tº g º me e s is us sº dº sº e s sº in e 924, oš5.
Do------------- June 3, 1856 11 20 | Braneh to Bayfield ...-------...- ......................... } 6 and 15 ....... & º & ſº tº sº tº º is tº gº º ſº tº ſº dº is : 318, 959, 41
Do. . . . . . . . . . . . . May 5, 1864 13 66 . . . . . . O. : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10 and 20 ........ . . . . . . . . . . . . . . . $ ' ' ' ' ' ' ' ' ' ' ' ' ' ' a wuzars

i
3.
a 40 acres added to former report to make correct amount certified.
b 26:30 acres app
roved in 1877, not heretofore reported.
c 88.55 acres relinquished deducted from amount previously reported.
d 200 acres relinquished deducted from amount previously reported.
e 40 acres relinquished in 1879, and 12,346.24 acres (in Fort Ripley reservation) relinquished in 1881, deducted from the amount heretofore reported. The amount here
Do---. . . . . . . . . . June 3, 1856 11 | 20 | Chicago and Northwesterm. ... ........................ ) | 6 and 15 .................. we wº. ºº e º ºn J m a tº e º 'º e s we as e < * * * * 545, 575, 76
Do------------- Apr. 25, 1862 12 648 Resolution authorizing change of route in Wisconsin, &c.
Do------------- Mar. 3, 1865 13 520 || Act extending time for completion of road five years. . . . .
Do------------. Mar. 3, 1869 15 397 || Act authorizing selection of lands along the full extent of |
original route of road. J
Do------------. May 5, 1864 13 66 | Winconsin Central . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 and 20.................. e º ºs º gº º sº º ºs e º ºs e º ºs s tº º s a se e d575,644, 56
Do............. June 21, 1866 14 360 | Resolution explanatory of the act of May 5, 1864, and au-
thorizing certain changes of width in accordance with
the act of the State legislature.
Do------------- Apr. 9, 1874 18 28 A: tºº the time for completion of road to Decem- |
er 31, &
Minnesota ......... Mar. 3, 1857 11 | 195 | First Division Saint Paul and Pacific .................... 6 and 15.............. tº gº tº º ſº tº ſº gº tº gº º & sº º ºs e º is dº º sº * * * * * tº 466,403.48
Do.-----...----. Mar. 3, 1865 13 526 ... -- - - 0- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10 and 20---------------------------------------- 784, 642.66
Do. -------..... Mar. 3, 1873 17 | 631 || Act ºnding the time for completion of the road nine
Imonths.
Do. ------------ Mar. 3, 1857 11 195 Wºº, ºroad. formerly Brainerd Branch Saint Paul) 6 and 15....... tº e º ſº º tº sº tº e º dº º tº e º ſº tº tº I gº tº dº e º e º ºs e º e º 'º tº º º 436,695. 16
- 8,1101 ºf 3,011C.
Do ----. . . . . . . . Mar. 3, 1865 13 526 . . . . . 9- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10 and 20------------------------ • * * * * * * * * * * * * * * * e210,263. 33
Po. -----------. July 12, 1862 12 624 | Resolution authorizing the State to change the branch
ine under certain conditions.
Do--------..... Mar. 3, 1871 16 588 Saint Paul, Minneapolis and Manitoba-.................. 10 and 20.................. * @ e º º ºs I ºn sº e º ºs e º ºn a sº sº sº º tº gº tº 1, 174,330.03
Do. ---. . . . . . . . . Mar. 3, 1873 17 | 631 || Act inding the time for completion of the road :
| IIlOIntº).
Do. . . . . . . . . . . . . June 22, 1874 18 203 || Act extending the time for completion of the road to
| March 3, 1876, &c. J
Do.------------ Mar. 3, 1857 11 195 | Minnesota Central.................................... .....! 6 and 15.----...------ gº º ſº º ſº gº tº sº $ as sº º sº tº º tº gº is as tº as * * * * * * 179,706. 01
Do. -----------. Mar. 3, 1865 13 526 - - - - - - 9- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10 and 20--------------------------...----------. 1 s v *s
Do ------------ Mar. 3, 1857 11 195 || Winona and Saint Peter.................................. 6 and 15.-----------------------. 380, 00 f342, 704. 56
Do------------- Mar. 3, 1865 J3 526 . . . . . . 0- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10 and 20. --...------------------- 400.00 fl, 326,083. 34
Do------------- July 13, 1866 || 14 97 || Act allowing selections within twenty miles of road in
lieu of lands sold after definite location but prior to
withdrawal, &c.
Do------------- Jan. 13, 1873 17 409 || Act extending the time for completion of the road .......
Do------------- Mar. 3, 1857 | 11 195 || Saint Paul and Sioux City.................. tº dº tº º as sº tº gº ºs º as a tº º 6 and 15..... gº º tº gº tº º is sº tº e º ºs º gº e º is tº sº ºn 20. 00 gh905,267.79
Do. -----------. May 12, 1864 13 74 |.----- 0- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10 and 20............ tº º º & º ºs e º ºs tº gº tº tº º ºr e º E is a s is as s as sº º is 241, 038.77
Do. ------------ July 13, 1866 || 14 97 || Act extending the time for completion of the road seven
3. years.
reported includes 89,383.87 acres certified to the State for the Brainerd Branch of the Saint Paul and Pacific Railroad and afterwards included in a patentissued to the Western
Railroad Company. It also includes 9,177.99 acres relinquished by the State and company in favor of actual settlers pursuant to the act of the legislature approved March 1,
1877, the acceptance of which has not been authorized by Congress, ...
f761.08 acres, heretofore reported in the 10 and 20 mile limits, deducted and added to the amount in the 6 and 15 mile limits.
452 acres deducted from the amount heretofore reported for tracts relinquished or twice approved. - º *
% 53,619.45 acres deducted from the amount heretofore reported for the Saint Paul and Sioux City grant and charged to the grant for the Southern Minnesota, under which
the land was approved. - - •. . .
g
Statement exhibiting land concessions by Congress to States and corporations for railroad purposes, &c.—Continued.
* - a:#al Number ºf
dº ºf acres certified
States. Date of laws. | # d; Name of road. Mile limits. }.}. ... or patented
# 50 ending up to
§ ă. June 30, 1882, June #. 1882.
Minnesota. --...--. May 5, 1864 || 13 64 || Lake Superior and Mississippi --------------------------- 10 and 20------------------------|------ * * * * * * * * * * 860, 564.09
Do------------- July 13, 1866 14 93 || Act authorizing the railroad company to make up defi-
ciency out of land within thirty miles of the west line
r of the road. g
Do. --...-------- Mar. 3, 1857 11 || 195 sº Minnesota, from a point on the Mississippi River | 6 and 15..... ----------..........}................ a53,619.45
to Houston.
Do.------------ Mar. 3, 1865 13 526 . . . . . . do ... ------------------------------------------------- 10 and 20------------------------|---------------- b2,716.95
Do. -----------. July 4, 1866 || 14 |...... Southern Minnesota. Extension.----...--------...---------. 10 and 20------------------------|---------------. b451,845.43
Do. --. --------. July 13, 1866 14 97 || Amendatory act.-----------------------------------------
Do.------------ July 4, 1866 14 87 | Hastings and Dakota.-----------------. . . . . .------------. 10 and 20---------------------------------------. c312,770.27
Do------------- July 13, 1866 || 14 97 Amendatory act. . . . . . . . . --- - ---------------------------.
8.DS&S. - - - - - - - - - - - Mar. 3, 1863 12 || 772 | Leavenworth, Lawrence and Galveston . . . . . . . . . . . . . . . . . . 10 and 20------------------------|---------------- d256,281.67
Do.-----------. July 1, 1864 13 339 || Act authorizing change of route of branch line. . . . . . . . . . . º - -
Do. ---. . . . . . -- Apr. 10, 1871 17 5 Act ºthorizing the company to relocate a portion of its i
TO3Cl.
Do.:----------- July 24, 1876 19 101 || Act declaring a portion of the grant forfeited. ---..... ...
‘Do.------------ Mar. 3, 1863 | 12 || 772 | Missouri, Kansas and Texas.................... ---------. 10 and 20.-----------------------|---------------- e284, 105.96
Do.------------ July 1, 1864 || 13 339 Aft ºng the grant from Emporia to a point near
OT Ilê W.
Do.------------ July 26, 1866 14 || 289 || Act º a grant from Fort Riley to the southern
boundary of the State.
Do.------------ Mar. 3, 1863 12 772 || Atchison, Topeka and Santa Fé. --...--...-...--...----------- 10 and 20-----------------------. e tº gº tº tº tº º ºs º ºs º is ºn sº f2,745,938.47
Do------------. July 23, 1866 14 210 | Saint Joseph and Denver City. . . . .-----...--...--...--. . . . . . . . . 10 and 20.----------------------. 720, 00 g462,373.24
Do............. July 25, 1866 14 || 236 Missouri River, Fort Scott and Gulf.......... ------------ 10 and 20------------------------|---------------. h526.
Do.------------ Mar. 3, 1877 19 | 404 || An act to secure the right of settlers upon certain rail- - -
* road lands and to repeal the first five sections of an act
granting lands to the State of Kansas to aid in the con-
struction of the Kansas and Neosho Valley Railroad, &c.
Corporations. -----. July 1, 1862 12 || 489 | Union Pacific from a point near Omaha, Nebr., to a point) || 10.......... tº º tº º ºs º gº tº sº tº tº º º ºs ºs e º º ºs º gº 67,921.03 il, 953, 883.08
near Ogden, in Utah Territory. sº
Do.---. tº r s is s sº e s July 2, 1864 || 13 || 356 | Union Pacific. ------------------------------------------- 20-------------------------------
Do............. July 3, 1866 14 79 || Act authorizing the location of the Union Pacific Rail-
road from Omaha westward.
Do------------- July 26, 1866 14 || 367 Rºº. granting the right of way through military re-
serve, &c.
Do.---- tº dº is s sº sº as tº Apr. 10, 1869 16 56 | Resolution for the protection of the interests of the United
States in the Union Pacific and Centrall?acific Railroads,
and providing that the common terminus of the roads
shall be at or near Ogden, Utah Territory, &c.
Do------------- May 6, 1870 | 16 || 121 | Act fixing the point of junction of the Union Pacific and
y A Central Pacific Railroads, &c. |
D0-----. p : * ~ * * * May 7, 1878 20 56 Actamendatory of the acts of July 1, 1862, and July 2, 1864,

3.
Do------------- July 1, 1862 | 12 || 489 Central Pacific ...----...--...----. ** * * * * * * * * * * * * * * * * * * * * * * * * | 10------------------------------- ; tº º tº tº º tº º 'º - º 'º tº e sº 721,434.68
Do------------- July 2, 1864 13 | 356 |. do. ----------------- -------------------------------- 20-------------------------------
Do------------... July 3, 1866 14 79 || Act * g the location of the Central Pacific Railroad
east Ward - - - - - - - - - - - - - • * * * * * * * * * * * * * * * * * * * * * - - - - - e = e a e e is
Do. ----. • e º sº es e - Apr. 10, 1869 16 56 Resolution for the protection of the interests of the United
States in the Central Pacific and Union Pacific Railroads, X.
and providing that the common terminus of the roads J
shall be at or near Ogden, Utah Territory, &c.
Do ------------ May 6, 1870 16 || 121 | Act fixing the point of junction of the Central Pacific and
Union Pacific Railroads, &c.
Do.----. * - º º ºn tº º May 7, 1878 20 56 || Act amendatory of the acts of July 1, 1862, and July 2, 1864. J -
Do.------------ July 1, 1862 | 12 || 489 Cº. Pacific successor by consolidation with Western ) 10..............----------------. 14,966. 87 j446,230.65
3.C111C. -
Do------------. July 2, 1864 || 13 356 |...... do ------ ------------------------------------------ 20------------------- is tº º ºs as tº e us tº es e e }
Do------------. Mar. 3, 1865 13 || 504 || Act ratifying the assignment made by the Central Pacific
Railroad Company to the Western Pacific Railroad Com-
#. of that portion from San José to the city of Sacra-
In (2Ill.O.
Do------------- May 21, 1866 || 14 || 356 | Resolution extending the time for completion of the first
twenty miles of the Western Pacific Railroad upon cer-
tain conditions. •
Do.----. tº º Gº tº º º e July 1, 1862 12 || 489 Central Branch Union Pacific -----...- ... ----...---------- - 10------------------------------- } * * - - - - - - - * * * * * k187, 447.99
º B. • * * * * * * * * * * * * § #; 13 º: viºrs s division) ..........................' - 20-------------------------------
O- - - - - - - - - - - - - uly 1, 1862 12 489 nion Pacific (Kansas division) -------------------------- \ | 10------------------------------- }
Do. ------------ July 2, 1864 || 13 || 356 |...... do ------------ - - - - -------------------------------- 20-------------------------------| 5 1917,520.70
Do. ------------ July 3, 1866 14 79 || Act, º; the company to designate route before De-
& cember 1, 1866.
Do------------- May 7, 1866 14 || 355 | Resolution extending time for completion of road ...... . .
Do. -----------. Mar. 6, 1868 15 39 || Act restoring the even-numbered sections on line of Pacific
- Railroad and branches at $2.50 per acre.
Do ------------ Mar. 3, 1869 15 324 || Act extending the Union Pacific Railway, eastern division, !
line of road to Denver City, and authorizing transfer of
lands by said company to the Denver Pacific Railroad.
Company between Denver and Cheyenne.
th i. jº 3CI’OS ºucted from the amount heretofore reported for the Saint Paul and Sioux City grant and charged to the grant for the Southern Minnesota, under which
e Iand was approved.
b 2,716.95 acres deducted from the amount heretofore reported for the Southern Minnesota Extension grant and charged to the grant for the Southern Minnesota, under
which the land was approved. *.
c 1,836.74 acres relinquished deducted from the amount heretoforo reported.
dIncludes 186,936.72 acres in the “Osage ceded reservation,” which are a loss to the road under the decision of the Supreme Court in the case of the Leavenworth, Law-
rence and Galveston Railroad Company v. The United States (2 Otto, 733). -
e Includes 270,970.78 acres in the “Osage ceded reservation,” which are a loss to the road under the decision cited in the preceding note. (The note in previous reports to
the effect that the amount reported included 260,425.35 acres in said reservation is incorrect, as will appear upon comparison of the reports for 1876 and 1877.) 63,388.22 acres
inadvertently omitted in 1877, and 1,663.36 acres in joint list No. 1, chargeable to this grant, have been added and several minor errors corrected.
j 9,465.28 acres relinquished deducted from the amount heretofore reported.
#. acres relinquished and 80 acres twice approved deducted from the amount heretofore reported.
20,814.83 acres reconveyed to the United States by the company, under the act of March 3, 1877, deducted from the amount heretofore reported.
25,847.46 acres (being one-half the amount contained in joint patents Nos. 1 and 2, issued to the Union Pacific and Sioux City and Pacific companies) heretofore omitted.
k 160 acres relinquished, deducted from the amount heretofore reported,
17,535.25 acres inadvertently omitted from previous reports.
j 3,000 acres omitted from previous reports.
§
º
Statement exhibiting land concessions by Congress to States and corporations for railroad purposes, &c.—Continued.
* * * * * * * * * * * * *
• * * * * * * * * * * * *
* * * * * * * * * * * * *
* - - - - © a * * * e º e
• * * * * * * * * * * * *
• * ~ * * * * * * * * * *
e - - - - - - e º e º a sº
• * * * * * * * * * * * *
... July
| Date of laws.
| -
|
| .
Mar. 3, 1869
Mar. 3, 1869
June 20, 1874
July 2, 186
May 6, 1870
July
May
July
Mar.
Apr.
Mar.
1, 1869
10, 1869
31, 1870
July 15, 1870
July 13, 1866
Apr. 15, 1874
July 25, 1866
June 25, 1868
Apr. 10, 1869
|
July 25, 1866
. June 25, 1868
Apr. 10, 1869 |
July 27, 1866
Apr. 20, 1871
July 27, 1866
July 25, 1868
June 28, 1870 |
i
#
348
t
324
111
364
118
363
365
255
346
57
378
!
305
292
292
187
Name of road.
Mile limits,
Number of
acres certified
or patented
for the year
endin
Resolution authorizing the Union Pacific º Com- |
}.}; eastern division, to change its name to Kansas
àCltiC. 4
Union Pacific, successor to the Denver Pacific Railway
Company.
Act amendatory of the act of March 3, 1869..............
Burlington and Missouri River, in Nebraska. . . . . . . . . . . .
Act authorizing a change of route and connection xii;
the Union Pacific Railroad at or near Fort Kearney....
Sioux City and Pacific ------------------. ------------------
Northern Pacific. ---.............. . . . .----------------- l
Resolution authorizing issue of bonds, &c.
• - - - - * * * *
Resolution authorizing the company to extend its branch U
line from Portland to Puget Sound, &c.
Resolution authorizing the issue of bonds Teversing loca-
tion of main and branch lines in Washington Territory,
extending indemnity limits, &c.
Act requiring the Northern Pacific Railroad Company to
ay the cost of surveying, selecting, and conveying lands. .
Placerville and Sacramento Valley. . . . . . . . . . . . . . . . }
Act declaring the grant forfeited to the United States. . $
Oregon branch of the Central Pacific. . . . . . . . . . . . .
Act extending time for completion of road
Act amendatory of the original act, and providing for the
sale of the lands to actual settlers at a fixed price and
in limited quantity.
Oregon and California. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Act extending time for completion of road
Act amendatory of the original act, and providing for the
sale of the lands to actual settlers at a fixed price and
in limited quantity.
Atlantic and Pacific. ----------------.... . . . . . . . . . . . . . . . .
Act authorizing the company to mortgage its road, lands,
&C.
Southern Pacific ------------------------...----------------
Act to extend the time for the construction of the road, &c.
Joint resolution concerning the Southern Pacific Railroad
of California.
- - - - - - - - - -
• * * * * * * * * * * * * * *
}
20, © tº º ºr º º º ſº º tº $ tº gº tº gº * * * * * * * * * * * * * * *
20 sections per mile
* - - - - - e º e s tº is as
• - - - - - - e º e g g is e e s is a e - - - - - - * tº e s tº e
40, 50, and 60.
? | 10 and 20.............. e - tº e º sº tº as sº a
20 and 30-----....... ------------
20 and 30...... * tº º e º 'º - e º 'º e º 'º º tº a tº º
States, 20 and 30; Territories,
40 and 50.
20 and 30.................... e tº sº tº
36,425, 14
s e º e º e º 'º - e º 'º e º ºs &
- *---
Number of
acres certified
or patented
up to
June 30, 1882.
86,236.73
a2,373,290.77
41,398.23
746, 500, 52
& º e º $ tº gº tº - 4 º' - e º & &
b1,337,919. 12
c322,062. 40
d959, 206. 87
1,037,910. 11
;
Do------ . ...---| Mar. 3, 1871 16 379 | Branch line of Southern Pacific ...----................... 20 and 30........................ . 3, 500. 85 | 104, 732. 35
Do ------------- Mar. 2, 1867 || 14 548 || Stockton and Copperopolis............................... } 10 and 20...... . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * '..........------
Do.------------ June 15, 1874 18 72 Act declaring the grant forfeited to the United States... $. . & .
Do------------- May 4, 1870 16 || 94 | Oregon Central ----------------------------------------... 20 and 25.... . . .............................. |- - - - - - • - - - - - - - - -
Do.------------ Mar. 3, 1871 | 16 573 Texas Pacific.------------------------...---...-----...... } | California, 20 and 30; Territo- |....... * * * * * * * * * ---------------.
Do------------- June 22, 1874 38 197 jan act supplementary to the act of March 3, 1871....... ries, 40 and 50. i
Do.------------ Mar. 3, 1871; 16 579 New Orleans, Baton Rouge, and Vicksburg................ | 20 and 30------------------------|---------------. tº gº tº gº ºs º ºs e º 'º º tº º is as we
h
l
a 800 acres relinquished deducted from the amount heretofore reported.
b 120 acres relinquished deducted from amount heretofore eported.
c 1,086.28 acres relinquished deducted from amount heretofore reported. -
d 1,240.90 acres omitted since 1873 now included; 58.27 acres erroneously added in 1877, and 1,764.87 acres relinquished or twice patented deducted from amount heretofore
reported; 429,084.90 acres certified and 3,130.97 acres patented to the State of Missouri under the grant of June 10, 1852, for the southwest branch of the Pacific Road (all lying
southwest of Springfield, Mo.) have been deducted from the amount formerly reported under that grant and charged to the Atlantic and Pacific grant.
Official:
GENERAL LAND OFFICE,
June 30, 1882.
764 ATTACHMENT OF RAILROAD RIGHTS.
ATTACHMENT OF RAILROAD RIGHTS.
[See pages 280–284 and 1261 l
Owing to various important changes made by the several corporations in with-
drawals or changes in location of line of road, the corrected table to June 30, 1882, is
given as follows: -
Table showing the time when the various railroad rights attached to the lands granted, 80 far
as at present determined. e
States. Names of roads. Dates.
Illinois ---------. Illinois Central ------------------- September 20, 1850. (Grant fully adjusted.)
Mississippi -----. Mobile and Ohio River ----...---- September 20, 1850. (Grant fully adjusted.)
- Wicksburg and Meridian.......... August 31, 1850. (Grant fully adjusted.)
Gulf and Ship Island ------------- *November, 1860.
Alabama ...... . . . Mobile and Ohio River .....-----. September 20, 1850. (Grant fully adjusted.)
Alabama and Florida. ------------ *August 30, 1856.
Selma, Rome and Dalton.--------. May 20, 1857.
Coosa and Tennessee ----------- ... [*December 27, 1858.
Coosa and Chattanooga - - - - - - - - - - *July 3, 1858.
Mobile and Girard.----...-...----. *May 13, 1858.
Alabama and Chattanooga---...-- October 11, 1858.
South and North Alabama........ May 22, 1866, between Decatur and a junction
with the Alabama and Tennessee Railroad in
township 22 south, range 2 west, and May 30,
1871, between that É. and Montgomery.
Florida .......... Florida Railpad * is tº gº tº sº º ºs º is tº gº tº a º dº ſº ºn From Fernandina to Cedar Keys, survey in the
field, which was between May 17, 1856, and
January 10, 1857, and from Waldo to Tampa,
December 14, 1860.
Florida and Alabama -----------.. *From May 17 to 31, 1856.
Pensacola and Georgia.----------- March 3, 1857, between Tallahassee and Alliga-
tor, in township 13 south, range 17 east, and
from September 1 to October 22, 1857, between
Tallahassee and Pensacola. .
Florida, Atlantic and Gulf Central. *February 17, 1857, in the granted, and Septem-
ber 7, 1857, in the indemnity limits.
Louisiana........ North Louisiana and Texas ------ January 27, 1857.
New Orleans, Opelousas and Great |f|October 9, 1856, between New Orleans and
- Western. Brashear City. *
Arkansas. . . . . . . . Little Rock and Fort Smith - - - - - - August * º and, under the reviving act,
ay 13, 1867.
Saint Louis, Iron Mountain and January 17, 1855, and, under the reviving act,
Southern. July 28, 1866, *.
Memphis and Little Rock - - - - - - - Alſº, * and, unºer the reviving act,
- ay 13, *
Missouri----. . . . . Hannibal and Saint Joseph - - - - - - - - March 8, 1853, in the granted, and June 16, 1853,
- in º indemnity limits. (Grant fully ad-
justed.)
Pacific and Southwestern Branch | 1853. (Grant fully adjusted.)
Saint Louis and Iron Mountain April 7, 1870. -
Extension.
Iowa.------------ Burlington and Missouri River. . . . March 24, 1857. (See Supreme Court Reports,
...” 9 Wallace, p. 80, Railroad Company vs. Fre-
mont County.)
Chicago, Rock Island and Pacific.! Survey in the field, which was from October 21,
1856, to March 2, 1857.
Cedar Rapids and Missouri River. Survey in the field, which was from September
- 1, 1856, to July 12, 1857.
Dubuque and Sioux City . . . . . . . . . Survey in the field, which was from May 30 to
August 31, 1856.
Iowa Falls and Sioux City.... ---. Survey in the field, which was from May 30 to
* August 31, 1856.
Chicago, Milwaukee and Saint |*August 19, 1864, from McGregor to section 12,
Paul. . township 95 north, range 35 west.
* Time taken as definite location from data on file in the General Land Office, subject, however, to
correction upon receipt of evidence to the contrary.
... flºy the act of July 14, 1870, the lands nted west of Brashear City were declared forfeited to the
Government, and have since been restored to homestead entry, excepting those falling within the limits
of the grant of March 3, 1871, to the New Orleans, Baton Rouge and Wicksburg Railroad.
b #. grant has never been accepted by the company, but the lands are still reserved, awaiting action
y UOngress. -
ATTACHMENT OF RAILROAD RIGHTS.
765
Table showing the time when the various railroad rights attached, &c.—Continued.
States. Names of roads. Rºates.
Iowa ------------ Chº? Milwaukee and Saint | From that point to the southwest corner section
Paul. * 18, township 96 north, range 38 west, between
- November 30 and December 5, 1868, and from
that point to a connection with the Saint Paul
- and Sioux City Road, between June 28 and 30,
- 1869, the dates of survey in the field.
Sioux City and Saint Paul........ Survey in the field, which was between Septem-
ber 27 and October 4, 1866.
Michigan ---...--. Jackson, Lansing and Saginaw - - - August 4, 1858.
Flint and Pere Marquette.........| August 3, 1857.
Grand Rapids and Indiana. -- - - - - - November 17, 1857, between Grand Rapids and
the Straits of Mackinac.
Bay de Noguet and Marquette. -- . March 15, 1856, between Grand Rapids and Fort
Wayne, Indiana.
Houghton and Ontonagon ---...-. December 1, 1857. (See Secretary's decision of
April 12, 1859.-Lester.)
- Chicago and Northwestern........ June 23, 1859.
Wisconsin ....... Wisconsin Central.----------...--. September 7, 1869.
Minnesota. ------
Chicago and Northwestern. -- . . . . .
- Chºº Saint Paul and Minne-
apoll.S.
Madison and Portage------------.
Wisconsin Railroad Farm Mort-
gage Company.
Saint Croix and Lake Superior,
and branch to Bayfield.
Saint Paul and Pacific...... ------
S.Paul, Minneapolis and Man-
11:008.
Winona and Saint Peter
Minnesota Central.-----..........
Saint Paul and Sioux City.........
Lake Superior and Mississippi ...
Hastings and Dakota.............
Southern Minnesota..............
From Fond du Lac to thenorth boundary of the
State survey in the field, which was between
May 1, 1856, and October 16, 1857.
July 13, 1857, from Tomah to Lake Saint Croix;
March 23, 1865, to additional grant under act
May 5, 1864. -
June 16, 1857.
July 13, 1857.
November 2, 1857, entire main line, except
between Prescott and the south line of town-
ship 34 north, which was from November 24
to December 8, 1857. Survey in the field.
Branch line from survey in the field, which was
between May 3 and June 10, 1858.
April 22, 1865, to additional grant under act of
ay 5, 1864.
November 9, 1857, within 6-mile limits, and Jan-
uary 16, 1858, between 6 and 15 mile limits of
the main line and branch to Crow Wing, and
Mºrch 3, 1865, to additional grant under that
3.075.
From survey in the field, which was between
May 18 and September 21, 1871.
July 17, 1857, from Winona to the west line of
township 110, range 31 west, in the 6-mile
limits, and March 22, 1858, between the 6 and
15-mile limits.
From that point to the west line of tºp
108, range 37 west, from survey in the field,
which was in April, 1864. (See Secretary's .
decision of August 15, 1874.)
January 19, 1867, from that point to the Big
Sioux River, in Dakota Territory.
To original i. from survey in the field,
which was between June 8 and July 25, 1857,
and to additional grant under act of March 3,
1865, date of act. -
From Saint Paul to section 28, township 106
north, range 34 west, survey in the field,
which was from June 8 to October, 1857, in
the 6-mile limits, and March 28, 1858, between
the 6 and 15 mile limits.
From that point to section 30, township 104
north, range 39 west, from October 31 to No.
vember 8, 1858, within both 6 and 15 mile
limits.
From that print to the southern boundary of
Minnesota, June 29, 1866.
To the additional grant under the act of May
12, 1864, from date of act where the road was
already definitely located.
September 25, 1866.
March 7, 1867.
From the Mississippi River to Houston, survey
in the field, which was from July 21 to Au-
gust 5, 1867.
From Houston to section 22, township 104 north,
range 8 west, July 4, 1866.
From that point to section 2, township 103
north, range 18 west, January 1, 1867.
From that point to section 21, township 104
north, range 37 west, November 29, 1866.
766
ATTACHMENT OF RAILROAD RIGHTS.
Table showing the time when the various railroad rights attached, &c.—Continued. -
Dates.
States. Names of roads.
Minnesota....... Southern Minnesota..............
Kansas ---------. Missouri, Kansas and Texas . . . . . .-
Leavenworth, Lawrence and Gal-
veston.
Saint Jº and Denver §§ * * *
Atchison, Topeka and Santa Fé.
CORPORATIONf3.
Union Pacific------...............
Central Pacific ..... -------------.
ºr”
Western Pacific ....... {_* tº sº º e º # 4 º' tº gº
Kansas Pacific........ s e º a º ºs e is a we a e
From that point to section 4, township 104
north, range 39 west, October 24, 1866.
From that point to the western boundary of the
State, from survey in the field, which was
between October 18 and 26, 1870.
*. Junction City to Humboldt, December 3,
From Humboldt to Southern boundary of State,
January 7, 1868. -
November 15, 1866, from Lawrenge to the north
boundary of the Osage lands.
November 26, 1867, to the southern boundary of
Kansas.
March 21, 1870.
..] From Atchison to Emporia, survey in the field.
which was from November 28, 1865, to Janu-
ary 13, 1866. wº
From Emporia to Wichita, survey in the field.
which was from May 18 to July 13, 1869.
From the sixth principal meridian, near New-
ton, to section 27, township 23 south, range 5
west, September 23, 1871.
From that point west to section 33, township
22 south, range 6 west, October 8, 1870.
From that point west to the mouth of Pawnee
Creek, in township 22 south, range 16 west,
survey in the field, which was from June 21
to December 1, 1870. -
From that point to the west line of range 27
west, March 22, 1872.
From that point to the western boundary of
the State, May 30, 1872.
First one hundred miles west from Omaha,
October 19, 1864.
Second one hundred miles, June 20, 1866.
From the 200th to the 380th mile post, November
23, 1866.
From the 380th Inile post to Brown's Summit
(nearly to the 700th mile, post), survey in the
field, which was from April 1 to November
15, 1867.
From Brown's Sumnuit to Ogden, survey in the
field, which was from May 1 to July 30, 1868.
Withdrawal takes effect for the first hundred
miles of road within 15-mile limits December
16, 1863, the date when the company filed their
map of general route in the Department, and
between the 15 and 20 mile limits July 2, 1864,
date of additional grant. Withdrawal takes
effect from the 100th mile_post west from
Omaha to Salt Lake City June 28, 1865, the
date when the map of general route was filed
in the Department. (See Secretary's decision
of February 27, 1875.)
From Sacramento east to the south line of
township 13 north, range 8 east, within ten
miles of the road, June 2, 1863, and within
twenty miles, July 2, 1864, date of act.
*From that point to the east line of township.
17 north, range 13 east, September 14, 1866.
*From that point of the Big Bend of the Trackee
River, in township 20 north, range 24 east,
Nevada, October, 25, 1867.
From that point to Humboldt Wells, December
866.
From that point to Monument Point (head of
Salt Lake), January 16, 1867.
From that point to Ogden, July 18, 1868.
First twenty miles northward from San José,
October 3, 1866.
From that point to Sacramento, from survey in
the field, which was between January 28 and
December 15, 1868.
From the boundary line between Missouri and
Kansas to section 17, township 11 South, range
18 east, Kansas, February 13, 1864.
*Time taken as definite location from data on file in the General Land Office, subject, however, to.
correction upon receipt of evidence to the contrary.
ATTACHMENT OF RAILROAD RIGHTS.
767
Table showing the time when the various railroad rights attached, &c.—Continued.
Corporations.
Names of roads.
Kansas Pacific............ . . . . . . . .
Denver Pacific.-------------. . . . .
Central Branch Union Pacific. . . . .
Burlington and Missouri River....
Sioux City and Pacific ............
Northern Pacific..................
Atlantic and Pacific ..............
From that point to Fort Riley, from survey in
the field, which was between February 13,
1864, and February 18, 1865.
From Fort Riley to the 405th mile post (Sheri-
dan, Kans.), July 11, 1866.
From that point to Denver City, from survey in
the field, beginning June 29, 1869, and ending
April 25, 1870, at the 635th mile post. -
. . . . March 3, 1869, date of act.
January, 1864, within the 10-mile limits, and
July 2, 1864, date of act, within the 20-mile
limits.
June 15, 1865. t
November 9, 1866, in Nebraska, and in Iowa,
from Survey in the field, which was between
November 20 and December 7, 1866.
From a junction with the Lake Superior aud.
Mississippi Road, in Minnesota, to the Red
River of the North, November 21, 1871.
From the Red River of the North to the Mis-
i. River, in Dakota Territory, May 26,
From the Missouri River, in Dakota Territory,
to the Little Missouri River, in said Territory,
July 20, 1880, the date of filing map of definite.
location in General Land Office,
From a point near Wallula, in Washington
Territory, to a point near Spokane Falls, in
said Territory, October 4, 1880. -
From the Little Missouri River, in Dakota Ter-
ritory, to the Yellowstone River, at the mouth.
of Glendive Creek, Montana Territory, Octo-
ber 25, 1880.
From Glendive Creek, Montana Territory, to.
the Tongue River, in said Territory. June 25,
1881, and from said Tongue IRiver to the east-
ern boundary line of Crow Indian Reservation,
in said Territory, June 25, 1881.
From the eastern boundary line of Crow Reser-
vation, in Montana Territory to the western
boundary of said Crow Reserve, in said Terri-
tory, June 27, 1881.
From Spokane Falls, in Washington Territory,
to Lake Pend d'Oreille, in Idaho Territory,
August 30, 1881.
From Kalama, Washington Territory, north to,
Tenino, sixty-five miles, September 13, 1873.
From Termino to Tacoma, on Puget Sound, May
14, 1874. -
According to a decision of the Secretary of the
Interior, dated March 22, 1873, the first with-
drawal of lands takes effect from the accept-
ance of the map of general route by the
Department, from which time settlement is
excluded from the granted sections, and the
alternate reserved sections are raised to $2.50.
per acre. - " . . .
The first map of general route through Minne-
sota and a portion of Washington Territory
was accepted August 13, 1870, subsequently
amended in parts, both in Minnesota and
Washington Territory.
The map of general route through Dakota,
Montana, Idaho, and a §§. of Washington
Territory was accepted February 21, 1872.
The map of general route of the branch line in
Washington Territory was accepted August
15, 1873, and the map of amended route of
branch line was accepted June 11, 1879, but
the withdrawal takes effect, so far as respects
the lands affected by the change, from the
receipt of the letters at the district offices.
From Springfield, Mo., to the western boundary
of the State, December 17, 1866.
From that point to the mouth of Kingfisher-
Creek, in Indian Territory, December 2, 1871.
From that point to the eastern boundary of New
Mexico, February 7, 1872. -
From that point to the eastern boundary of
California, March 12, 1872.
Frºm San Francisco to San Miguel, Cal. March
12, 1872.
"768
ATTACHMENT OF RAILROAD RIGHTS.
Table showing the time when the various railroad rights attached, &c.—Continued.
Corporations.
Names of roads.
Dates.
Atlantic and Pacific-------------.
º
Texas Pacific---------------------
New Orleans, Baton Rouge and
Wicksburg.
Oregon Branch of the Central.
Pacific, formerly California and
Oregon.
Southern Pacific. ----------...-----
Oregon and California.----------.
Oregon Central.-------------------
Through the county of Los Angeles and part of
San Bernardino, Cal., March 12, 1872.
From San Miguel Mission to the Los Angeles
County line, August 15, 1872.
From a º in township 7 north, range 7 east,
S. B. M., San Bernardino County, to the Colo.
rado River, August 15, 1872.
Road not yet definitely located. Lands with-
drawn upon a preliminary line, withdrawal
taking effect from date of receipt of the order
at the district land offices, which was as fol-
lows: New Mexico Territory, December 4,
1871; Arizona Territory, December 26, 1871;
California, October 15, 1871.
Road not yet definitely located. Lands with-
drawn upon a preliminary line, º; effect
from date of receipt of the order at the district
offices, which was as follows: Letter of Novem-
ber 29, 1871, received at New Orleans December
11, 1871; letter of November 29, 1871, received
at Natchitoches December 20, 1871; letter of
March 27, 1873, received at New Orleans
April 3, 1873.
From Roseville (on the Central Pacific Railroad)
to Salt Creek, in township 32 north, of range
5 west, September 13, 1867.
From that point to north line of township 46
north, of range 5 west, August 5, 1871.
First withdrawal became effective January 3,
1867, date offiling the map of general route in
the General Land Office. . (See Secretary's
decision of April 23, 1875, in case of Alfred
Queen, and decision of August 2, 1878, in Sam-
uel Tome et al.) Withdrawal for branch line,
under act of March 3, 1871, became effective
April 3, 1871. Right of road attaches from
the date offiling the maps of definite location
in the General Land Office.
From Portland, Oregº, sº uth to township 10
south, range 2 west, February 16, 1870.
From that point to the south line of township
13 south, April 28, 1870.
From that point to the south line of township
27 south, April 25, 1870.
From that point to near the south line of town-
ship 30 south, April 13, 1871.
From Portland, Oreg., to the Yamhill River,
near McMinnville, and from a junction near
Forest Grove toward Astoria, twenty miles,
May 29, 1871.
From Astoria to Castor Creek, in the direction
• of Portland, January 31, 1872.
Official:
GENERAL LAND OFFICE,
June 30, 1882.
RIGHTS OF WAY TO RAILWAYS.
769
RIGHT OF WAY GRANTED TO CERTAIN RAILWAY COMPANIES IN CER-
{
TAIN STATES AND TERRITORIES.
[See pages 285, 286, and 1263.]
Owing to alterations in, and changes of names of several railroad corporations, the
correctod list to June 30, 1882, is given below:
Rights of way granted to railway companies in certain States and Territories.

tº
q2
<!--> º
States and Territories. |Date of laws. # & Name of company.
cº
dº ºn-
Arizona ------------------. Mar. 3, 1875 | 18 || 482 Arizona and Nevada Railroad and Navigation.
Mar. 3, 1875 18 || 482 | Arizona Northern Railway.
Mar. 3, 1875 | 18 || 482 | Arizona Southern Railroad.
Mar. 3, 1875 | 18 482 | Colorado River and Silver District Railroad.
Mar. 3, 1875 18 || 482 | New Mexico and Arizona Railroad.
Mar. 3, 1875 | 18 482 | Southern Pacific Railroad.
Mar. 3, 1875 18 || 482 | Tucson and Gulf of California Railroad.
Arkansas------------------ Mar. 3, 1875 | 18 || 482 Missouri, Arkansas and Southern Railroad.
Mar. 3, 1875 18 || 482 || Springfield and Memphis Railroad.
California.----------------- Mar. 3, 1875 18 || 482 | Bodie Railway and Lumber.
Mar. 3, 1875 | 18 || 482 | Bodie and Benton Railway and Commercial.
Aug. 4, 1852 | 10 || 28 California and Northern Railroad.
Mar. 3, 1875 18 || 482 | California Southern Railroad.
Mar. 3, 1875 | 18 482 | California Southern Extension Railroad.
June20, 1874 18 130 Nevada County Narrow Gauge Railroad.
Mar. 3, 1875 18 || 482 | Salmon Creek Railroad.
Mar. 3, 1875 18 || 482 | San Francisco and Ocean Shore Railroad.
Aug. 4, 1852 10 28 || San Joaquin and Mount Diablo Railroad.
Mar. 3, 1875 18 || 482 | South Pacific Coast Railroad.
California and Nevada..... Mar. 3, 1875 | 18 || 482 | California Central Railway.
Colorado------------------- June23, 1874 18 74 || Arkansas Valley Railway.
Mar. 3, 1875 18 || 482 Arkansas Valley and New Mexico Railway.
Mar. 3, 1875 | 18 || 482 | Baker's Park and Lower Animas Railroad.
Mar. 3, 1875 | 18 482 | Boulder, Left Hand and Middle Park Railroadſ
and Telegraph.
Mar. 3, 1875 18 482 | Burlington and Colorado Railroad.
Mar. 3, 1875 18 482 | Cañon City and San Juan Railroad.
Mar. 3, 1875 18 || 482 Colorado and New Mexico Railroad.
Mar. 3, 1875 | 18 || 482 Colorado Western Railroad.
Mar. 3, 1875 18 || 482 Denver and Middle Park Railway.
Mar. 3, 1875 18 || 482 Denver and New Orleans Railroad.
Mar. 3, 1875 | 18 482 | Denver, Rollinsville and Western Railroad.
Mar. 3, 1875 18 || 482 Denver, Salt Lake and Western Railroad.
Mar. 3, 1875 18 || 482 Denver Southern Railway.
Mar. 3, 1875 18 || 482 Denver, South Park and Îleadville Railroad.
Mar. 3, 1875 |18 || 482 Denver, South Park and Pacific Railroad.
Mar. 3, 1875 | 18 482 Denver, Utah and Pacific Railroad.
Mar. 3, 1875 | 18 || 482 Denver, Western and Pacific Railway. r
Mar. 3, 1875 18 482 Gray's Peak, Snake River and Leadville Railroad.
Mar. 3, 1875 18 || 482 || Greeley, Bear River and Pacific Railroad.
Mar. 3, 1875 18 || 482 || Greeley, Grand River and Gunnison Railroad.
Mar. 3, 1875 | 18 || 482 || Greeley, Salt Lake and Pacific Railway.
Mar. 3, 1875 18 482 | Longmont, Middle Park and Pacific Narrow
Gauge Railway.
Mar. 3, 1875 18 || 482 || Monarch Pass, Gunnison and Dolores Railway.
Mar. 3, 1875 18 482 MountCarbon, Gunnison and Lake City Railroad.
Mar. 3, 1875 18 482 | North Park and Grand River Valley Railroad.
Mar. 3, 1875 18 || 482 | Pueblo and Arkansas Valley Railroad.
Mar. 3, 1875 18 || 482 | Pueblo and Salt Lake Railway.
Mar. 3, 1875 18 482 | Pueblo and Silver Cliff Railway.
Mar. 3, 1875 18 482 | Saint Vrain Railroad.
Mar. 3, 1875 18 || 482 Spanish Range Railway.
Mar. 3, 1875 18 || 482 | Upper Arkansas, San Juan and Pacific Railroad.
Mar. 3, 1875 18 || 482 | Wet Mountain Walley Railroad.
Colorado and New Mexico. June 8, 1872 || 17 | 339 || Denver and Rio Grande Railway.
Mar. 3, 1875 | 18 || 482 Jo.
Mar. 3, 1875 18 || 516 Do.
Mar. 3, 1877 | 19 | 405 Do.
49 L O—WOL
III
770
RIGHTS OF WAY TO RAILWAYS.
Rights of way granted to railway companies, &c.—Continued.

tº
Q -
-->
States and Territories. |Date of laws. | E § Name of company.
$ C:
do | P-
Golorado and Wyoming....] Mar. 3, 1875 | 18 || 482 Colorado Central Railroad.
Dakota ------ e - - - - - as e º ºs s - sº as Mar. 3, 1875 18 || 482 Bear Butte and Deadwood Railroad.
Mar. 3, 1875 18 || 482 | Black Hills Railroad.
Mar. 3, 1875 18 || 482 Casselton Branch Railroad.
Mar. 3, 1875 | 18 || 482 Central City, Deadwood and Eastern Railroad.
Mar. 3, 1875 |18 || 482 | Chicago, Milwaukee and Saint Paul Railway.
Mar. 3, 1875 18 || 482 Dakota Central Railway.
June 1, 1872 | 17 | 202 Dakota Grand Trunk Railway.
May 27, 1872 17 | 162 Dakota Southern Railroad.
Mar. 3, 1875 | 18 482 Dakota Railroad.
Mar. 3, 1875 18 || 482 | Deadwood and Redwater Valley Railway.
Mar, 3, 1875 18 482 Fargo and Southwestern Railroad.
Mar. 3, 1875 |18 || 482 | Saint Paul, Minneapolis and Manitoba Railway.
Mar. 3, 1875 18 482 Saint Paul and Sioux City Railway.
Dakota -------------------- Mar. 3, 1875 18 482 Sioux Falls Railroad.
Mar. 3, 1875 18 || 482 | Travare and Jamestown Railroad.
Florida -------------------- June 4, 1872 || 17 224 Great Southern Railway.
June 7, 1872 || 17 | 280 Jacksonville and Saint Augustine Railroad.
Florida and Alabama...... Mar. 3, 1875 | 18 509 || Jacksonville, Pensacola and Mobile Railroad.
June 8, 1872 17 | 340 Pensacola and Louisville Railroad.
Mar. 3, 1875 18 482 | West Florida and Mobile Railroad.
Idaho --------------------- Mar. 3, 1875 18 482 Idaho, Clearwater and Montana Transportation.
Iowa----------------------. June 4, 1872 17 220 Davenport and Saint Paul Railroad.
Ransas -------------------- Mar. 3, 1875 18 || 482 Saint Louis, Wichita and Western Railway.
Mar. 3, 1875 | 18 || 482 | Southern Kansas and Western Railroad.
Louisiana------------------ Mar. 3, 1875 | 18 482 | Louisiana Western Railroad.
Michigan ------------------ Mar. 3, 1875 18 || 482 | Detroit, Mackinac and Marquette Railroad.
Mar. 3, 1875 | 18 482 | Menominee River Railroad.
Minnesota ---------------- Mar. 3, 1875 | 18 || 482 | Barnesville and Moorhead Railway.
Mar. 3, 1875 | 18 || 482 Chicago and Dakota Railway.
Mar. 3, 1875 18 || 482 Minneapolis and Saint Cloud Railroad.
Mar. 3, 1875 | 18 || 482 | Saint Cloud and Lake Traverse Railway.
Minnesota and Dakota - - - - Mar. 3, 1875 18 || 482 || Worthington and Sioux Falls Railroad.
Apr. 2, 1878 20 32 Do.
Missouri------------------- Mar. 3, 1875 18 482 Kansas City, Springfield and Memphis Railroad.
Montana.------------------ Mar. 3, 1875 18 || 482 | Montana Railway.
Mar. 3, 1875 18 || 482 || Rocky Mountain Railroad.
Nebraska..... - - - - - - - - - - - - - Mar. 3, 1875 18 || 482 Fremont, Elkhorn and Missouri Valley Railroad.
Mar. 3, 1875 18 482 Omaha and Republican Valley Railroad.
Mar. 3, 1875 | 18 || 482 | Republican Valley Railroad.
Nevada ------------------- Mar. 3, 1875 | 18 482 | Eureka and Colorado River Railroad.
Mar. 3, 1875 | 18 || 482 Eureka and Palisade Railroad.
Mar. 3, 1875 18 || 482 Nevada Central Railway.
- Mar. 3, 1875 | 18 482 Nevada Midland Railroad.
Nevada------------------- Mar. 3, 1875 | 18 482 Nevada Southern Railway (first division).
Nevada and California..... Mar. 3, 1875 18 || 482 | Carson and Colorado Railroad.
Nevada and Oregon.------. Mar. 3, 1875 18 482 | Oregon Central Railway.
New Mexico. --...--------. June 8, 1872 | 17 343 | New Mexico and Gulf Railway.
Mar. 3, 1875 | 18 || 482 | New Mexico and Southern Pacific Railroad.
Mar. 3, 1875 | 18 || 482 |. Rio Grande, Mexico and Pacific Railroad.
Mar. 3, 1875 | 18 || 482 | Southern Pacific Railroad.
Mar. 3, 1875 | 18 || 482 | Texas, Santa Fé and Northern Railroad.
Oregon -------------------- Mar. 3, 1875 18 || 482 | Blue Mountain and Columbia River Railroad.
Mar. 3, 1875 18 || 482 | Roseburg and Port Orford Railroad.
Oregon, Idaho, and Utah. §: # ; # gº ; Portland, Dalles and Salt Lake Railroad.
Oregon and Washington...] Mar 3, 1875 18 || 482 | Qregon Railway and Navigation.
tº ....... Mar. 3, 1875 | 18 || 482 | Bingham Cañon and Camp Floyd Railroad.
Mar. 3, 1875 18 || 482 Denver and Rio Grande Western Railway.
Mar. 3, 1875 18 || 482 | Echo and Park City Railway (successor to Sum-
mit County Railroad).
Mar. 3, 1875 18 || 482 || Ogden and Wyoming Railway. .
Mar. 3, 1875 | 18 || 482 | Salt Lake and Park City Railway.
Mar. 3, 1875 18 482 | San Pete Valley Railroad.
Mar. 3, 1875 18 || 482 Sevier Valley Railway.
Mar. 3, 1875 18 || 482 Utah and Pleasant Valley Railway.
Mar. 3, 1875 18 || 482 Utah and Nevada Railway.
Mar. 3, 1875 18 || 482 Utah and Wyoming Railway.
Mar. 3, 1875 18 || 482 Uº. ºntral Bailroad and Pleasant Valley
TàIłCI].
Mar. 3, 1875 18 || 482 | Utah Eastern Railroad.
Mar. 3, 1875 18 || 482 Utah Southern Railroad.
Mar. 3, 1875 | 18 || 482 Utah Southern Railroad Extension.
Mar. 3, 1875 18 482 | Utah Western Railroad.
Mar. 3, 1875 18 || 482 Wasatch and Jordan Valley Railroad.
Utah, Idaho, and Montana.|June 1, 1872 | 17 | 212 || Utah, Idaho and Montana Railroad. . . .
. 3, 1873 || 17 | 612 }º Northern Railroad—Utah and Northern
June 20, 1878 20 241 Railway.
RIGHTS OF WAY TO RAILWAYS.
771
Rights of way granted to railway companies, &c.—Continued.

dº
- $g
States and Territories. |Date of laws. | E § Name of company.
cº
# §
Utah and Nevada.......... Mar. 3, 1875 18 482 | Salt Lake and Western Railway.
Washington.-----. -------- Mar. 3, 1875 | 18 || 482 Columbia and Puget Sound Railroad.
Mar. 3, 1875 | 18 482 | Seattle and Walla Walla Railroad.
Mar. 3, 1869 || 15 325 *:
} Mar. 3, 1873 || 17 | 613 || > Walla Walla and Columbia River Railroad.
Mar. 3, 1875 18 || 482
Wisconsin ----------------. Mar. 3, 1875 | 18 || 482 *śjSaint Paul, Minneapolis and Omaha
O3.01.
Mar. 3, 1875 | 18 482 || Menominee Railway.
Mar. 3, 1875 | 18 || 482 | Wisconsin Central Railroad.
Wyoming........* --------- Mar. 3, 1875 | 18 || 482 | Evanston and Montana Railroad.
Mar. 3, 1875 | 18 || 482 | Laramie, North Park and Pacific Railroad.
Mar. 3, 1875 | 18 || 482 || Utah and Wyoming Railroad.
Mar. 3, 1875 18 || 482 Wyoming Central Railroad.
Wyoming and Colorado --- Mar. 3, 1875 | 18 482 Denver, Yellowstone and Pacific Railway.
Wyoming, Utah, Idaho, and Mar. 3, 1875 18 || 482 | Oregon Short Line Railway.
regon. ***
Official:
GENERAL LAND OFFICE.
772
LAND SALES BY LAND-GRANT RAILROADS, 1878.
OPERATIONS OF LAND DEPARTMENTS OF TAND-GRANT
Operations of land departments of land-


# § § #3
<!-> 3 º # ſº
## © 3 *
# # | # #
sº rº 5 § &- & 3
Name of railroad. : ‘s AE © É $3
- gº-4 ſº $– $4
à ‘s §§ 35 #g
f # | #8 ##| | ###
cº 5 P. o H ,
24 ſº 24 2. 2.
1 | Union Pacific R. R. Co....... ---------. {|# ###|}1038& | 10 and 20 | 1,859,474.50
º July 1, 1:32; 73.5 #2 *% ºf 1,117,087.17
2 Central Pacific R. R. Co --------------- a July 2, 1864 || 123. 16 10 and 20 550, 644. 76
bºy 25, #| 3: ... 10 * ****
Q
3 || Kansas Pacific R. W. Co...... ---...---. {|# ##! ;} 10 and 20 | 72,119.84
- * - July 1, 1862
4 || Denver Pacific R. W. & T. Co......... # ##|$1% 20 49, 811.59
T. 3,
5 | Central Branch U. P. R. R. Co......... {# ##|}100 10 and 20 | 186,453.28
?
6 || Sioux City & Pacific R. R. Co-...--...-- { §§ ###| "... } .*. 41, 318.23
7 | Texas and Pacific R. W. Co.............. Mar. 3, 1871 870 { ; #. º: } None.
8 | Southern Pacific R. R. Co.--------------. July 27,1886 942 {|% #: |} 980,737.50
9 | Northern Pacific R. R. Co............... July 2, 1864|1800 }|###. |} 743,498.44
10 | St. Louis & San Francisco R. W. Co... #: # i; 293 e 6 504,365. 32
11 | Atlantic & Pacific R. R. Co. ------...--. Mai. 3, 1871 33 % ‘. sº } None.
12 | Burlington & Mo. Riv. R. R. Co. in Nebr..] July 2, 1864 190; 20 2, 374,090.77
13 | Oregon & California R. R. Co -----------. July 25, 1866 | 200 20 322,462.40
14 || Oregon Central R. R. Co ----------------. May 4, 1870 47.5 20 None.
15 "New Orleans, B. R. & W. R. R. Co ------- Mar. 3, 1871 ||---------- tº º ºn tº me tº tº º ºs e º e s is º ºs None.
16 || Hannibal & St. Joseph R. R. Co......... June 10, 1852 206. 41 6 603, 506. 34
dºeb. 9, 1853 || 304
17 | St. Louis, I. M. & S. R. W. Co......... º dº; }: ; 10 1,383, 614.66
uly 28,
18 Little Rock & Fort Smith R. W. Co.... : jūī; 25, i.;|3.168 1 s -º-ve
º Feb. 9, 1853
19 || Memphis & L. R. R. R. Co...----------- { July 28, 1866 $133 5 and 15 141, 844. 70
Mar. 3, 1863
20 | Missouri, Kansas & Texas R. W. Co... } }.# 2. # }ºn 10 658,068.13
uly 20,
21 | Atchison, Topeka & S. F. R. R. Co ------ Mar. 3, 1863 471 10 2,474,686. 47
22 | Leavenworth, Law. & Gal. R. R. Co ----. Mar. 3, 1863 || 144.16 10 256,281.66
23 Mo. Riv., Ft. Scott & G. R. R. Co ....... July 25, 1866 | 157.5 10 l.-------------
24 | St. Joseph & Western R. R. Co---...----- July 23, 1866 |}}} } 10 441, 158.25
* - May 15, 1856 -
25 | Chi., Bur. & Quincy R. R. Co.----...--. { #,"; i;|327° 6 388,817.35
26 ||Chi, Rock Island & Pacific R. R. Co.; #. *; ; 3300 6 643,307.17
27 Cedar Rapids & Mo. River R. R. Co --. : #. *:::::#271.08 6 1, 140,493. 53
28 Dub. & Sioux City R. R. Co..... ----. }|#.";|3142.89 6 549, 345.41
29 I. F. & Sioux City R. R. Co.----------- {|##,”;|}183.9 6 683,023.80
30 | Sioux City & St. P. R. R. Co............. § 3 ;|, ... 6 407,910.21
31 | St. Paul & S. C. R. R. Co ---------...--. { # 1.1% $121. 27 6 1, 199,849. 07
32 Chi., Mil, and St. P. R. W. Co ------------ tº ºs e º sº ºn , ... • * * * * : * * * * * * * * * * * * : * g º ºn tº e s is e s is sº us • a • * * * * * * * * * * * *
2 McG. & Mo. Riv. R. R. ---------...--. May 12, 1864 150 10 138,284.69
Minn. Cen. R. R. ....................] Mar. 3, 1857 | 110 6 and 10 179,736.01
#º:#:::::::::::::: July 4, 1866 75 10 169, 790.81
a UTOSS6 * = ...tº sº e º ºr e = * * * * * * * is as e s as a • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e - º as e < * * - - - -
33 | Wisconsin Central R. R. Co -------------- #. ; ; 249.3 10 546. 486. 05
34 Chi., St. P. & Minn. R. R. Co ------------ {|#: $; $17.5 6 and 10 | 802,816.89
a Western Pacific. bOregon Branch Central Pacific.
LAND SALES BY LAND-GRANT RAILROADS, 1878.
773
RAILROADS FOR THE YEARS 1878, 1879, 1880, 1881, AND 1882.
grant railroads to November 1, 1878.

ă Land sold during the year. * É
£: $ 3. 3
º, 3 3 Q +2 $—t
.#3 ä käs # is
3. re; &= • ag $º $3
&#. "e | £3 || 2 3 +5 § 3 a. *
§ gº 86 § 3 #: ; 'E 3
g É # 5 | g = | # 3 É
<! <! 5: 2. <! <! <! 24
To Dec. 31, 1877
$4 98; 1,318,279.80 }Dec. 31, 1877 | 69,015.87 $498 || $343,768 02 |.......... 10, 764, 947.00
: e7 54; Tºº }Dec. 31, 1877 | 92,647.35 12 99 || 1,203, 870 14 { %; $11, 300,000.00
3 30 ---------------- Dec. 31, 1877 57, 054.29 3 93 224,497 37 |.......... 4,803, 933.00
525 ---------------- Dec. 31, 1877 26, 101.56 || 5 25 | 136,963 89 |------...--. 950,000.00
From 2 to 6 ----------------|----------------|------------|------|------------------------ 116, 165.00
* * * * * * * * * * * * * g is as e ºs s m = s. sº is sº a se s is as ºn e º e g º gº º ºs e = e º sº a tº º se tº sº e º 'º e º ºs s 1 in sº sº e º a sº e s s sº a e e s is sº me tº e 820.00 --------------
2 76 ---------------. Mar. 31, 1878 || 4, 292. 53 2 76 11, 858 00 |.......... 18,000,000.00
e4 56; To J#;" { June 30, 1877 90, 007.70 || 4 06 || 365,810 80 |.......... 12,061, 206.00
4 50; Tºº {Aug. 31, 1878 || 749,633.00 4 51 || 3,379,432 32 80.00 ------...-----
To Dec. 31, 1877 - 915,654.00
5 87; 618,482.99 {Dec. 31, 1877 38,870. 26 5 28 205, 291 58 |.......... : Dec. 31, 1877
To Dec. 31, 1873
f7 32; 527,427.74 } as sº gº º is ºn s e as s as ºs ºn s I sº º ſº as ºn º º sº tº º se s i s = º ºs º º s is sº tº tº gº tº e º sº º ºs º ºs 1 º: sº
...I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I................ i. º.o.
tº gº tº gº º ºs sº e º ºs ºs m. I as * * * * * = ºs º ºs e e º sº as sº e º sº e º ºr sº e º sº, º sº e s = e º is sº ºn e ∈ E * * * * * * | * * * * * * * * * * * * * * * * * * * *s a s º ºr is s sº gº tº e º as sº sº tº e 90.665.00
6 13 l-----------|-----|----------------|------------|------|--------------|---------- Jan." 1, 1873
t
383 ---------------- Dec. 31, 1877 35,295.37 4 43 156, 512 75 281.91 ||--------------
ę & tº tº # * º ºs º ºs tº ſº ... º ſº tºº & & ſº tº $ tº dº tº gº tº e º ºs || @ º ºs º º sº e s = e º e º ºs e º E * * * * * * * * * * * | * * * * * * | * * * * * * * * g º sº gº sº tº 280.00 --------------
2 23 l---------------. Dec. 31, 1877 | 76,694.00 || 2 23 170,758 65 |..........|--------------
Dec 31, 1877
5 25; 643, 598.57 } * * * * * * * * * * * * * * * * * * * * * * * * * * * : * º º ſº º ºs e º sº º ºs º gº dº º is sº ºn tº &e º gº º ºs º gº tº º sº | * = * * *s tº º sº dº ſº sº tº me e
e3 88 { Dec. 31, 1876 ; 120, 391.02
1,958.39 5--------------|------------|------|--------------|---------- Jan. 1, 1877
5 86%| Dec. 31, 1877 ;
386,287.77 5--------------|------------|------|--------------|----------|--------------
Dec. 31, 1877 41,230.32
12 18; , 565. 78 } is e º is ºn m = n = s. se ºr e º 'º e º sº sm s tº * * * * * * * * * * * * * * * * * * * * * * * * * * * * 815. 63 {D.: 31, 1877
888 --------------------------------|------------|------|-------------- 360.00 --------------
tº e º º ºs s = * * * * * g us us tº º ºs e º as me e s m is as e º a sº at e is e º as a sº º ºs º ºs ºn tº sº º sº * * * * * * * * * e º ºs e º e i e º ºs e º e º e º sº, sº e º as 1,065. 74 |--------------
55. 914. 45
sº e º us ºn tº º sº tº s ºr a sº ºn ºn º ºs º ºs º ºs º ºs e º sº, º s \ = * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * º ºs e º sº tº e e s as a e g : e º as a º ºs º ºs e is Dec. 31, 1876
gº is sº sº ºn tº e º 'º e º ºs as us ºn e º ºs e º ºs º ºs e e º 'º s , s m e º te is e º 'º e º ºs º ºs º ºs e º sº tº gº tº º 'º e º sº is s m e º sº sº º sº is º ºs º gº º e º gº ºn as as 363. 60 • - - - - - - - - - - - - -
...I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I"i34.13 |..I.I.I.I.I.I.
............|................]............................]......[.............. i.i.47.49 |..............
* * * * * * * * * * * * : * * * * * * * * * * * * * * * * : * e º sº me as is e s m º ºs º sº º is º sº º sº tº dº º ºs º ºs º is e º sº se e º s sº sº me e s ∈ s = g º ºs e = 140.00 1--------------
e Union Pacific Railroad Company. d Cairo and Fulton. e 1876. f1873.
774
LAND SALES BY LAND-GRANT RAILROADS, 1878.
Operations of land departments of land-grant


+5 º ca tº sº.
P- & $3.3
§ § 3 £º sº
ſº 3: 33 on 32
;: 92 º' cº º
# 3-3 tº to 5 5 p:
& rº 5 sh - Sº : Ho
Name of railroad. § ‘s P © q> $3
º gº F3 :
5 **t §rs 3'a §º .
º © º § re 54 º §§
5 3 5 Q F 3 E Eş
& E P. E 35 -
2. ſº 2. 24 2.
& º June 3, 1856
35 | North Wisconsin R. R. Co............. {|#. ##|} 42.5 6 and 10 | 843,497.58
36 || Winona & St. Peter R. R. Co -----------. Mar. 3, 1865 | 327 6 and 10 | 1,665,078. 38
37 | Southern Minn. R. W. Co-...--...--------.| July 4, 1866 167.5 10 285, 403.84
May 5, 1864
38 | St. Paul & Duluth R. R. Co............ { July 13, 1866 #156 10 860, 564. 09
39 St. P. & Pac. R. R. Co., L Div ---...-----. #. iš|{27 10 1,248, 184. 18
40 | St. P. & Pac. R. R. Co., I. Div. Br. L...... Mar. 3, 1865 || 76 6 and 10 537, 842 42
41 | St. P. & Pac. R. R. Co., St. V. Exten... ---- Mar. 3, 1871 104 6 and 10 | 780, 201.75
42 | Vicksburg. Shreveport & Tex. R. R. Co -- June 3, 1856 | 72 |.............. 353,211.70
43 || Morgans’ Louis. & Tex. R. R. -----------. June 3, 1856 80 -------------- 51, 452. 03
44 Missouri Pacific R. R. Co---------------- June 10, 1852 || 37 6 1, 161,204. 51
45 | Stillwater & St. P. R. R. Co.......----- { #: ## } as ºs e º 'º - e - e s m e º ºs º ºs e e s s = e º ºr tº . ~ * * * * * * * * * * * * *
º Mar. 3, 1857
46 St. P., Stillwater & T. F. R. R. Co..... { Mar. 3, 1865 ; e = * * * * * * * * * * * * * m sº as a s tº e º as a • * * * * * * * * * * * * *
OFFICE AUDITOR OF RAILROAD ACCOUNTS, November 1, 1878.
LAND SALES BY LAND-GRANT RAILROADS, 1878.
775
railroads to November 1, 1878–Continued.

Its - - P, t
§ Land sold during the year. rº 5
.E . 'E 3 3
3 : § # ă; # ,
‘ā 3 * § à, 3 #4. º
PA 5- E *— e. $ºd $º c Q
&#. 3 | ## | #3 | # #3 ... *
& # g? & Gº: 5 o,8 3
P- § g E g = H 5 5
-q <! º 2. <d <! <! 2.
- - - e ºs e s - - - e = | s = - - - e s sº sº e - - - s a s : * * * * * * * * * - e ºs e e s - || - e s sº se - - - e e s s - - - me s = | * * * * * * * * * * * * * * 180.00 --------------
$479 |---------------. May 31, 1878 92, 141.71 $4.79 || $441,728 53 4,167.61 §§
7 69 ---------------- Dec. 31, 1877 721. 17 | 7 69 5,849 50 780.92 |{pº
a407 ---------------- May 31, 1878 5, 210.84 || 4 58 23, 889 81 291.00 ----...--...--
• * * * * * * * * * * * | * * * * * * * * * * * * * * * * | * * * * * * * * * * * * * * * * | * * * * * * * * * * * * : * * * * * * * * * * * * * * * * * * * * * 308, 46 --------------
* * * * * * s - e º a s
• * * * * * * * * * * * * * * *
* - - - as is e º 'º - tº * * * * *
* - - º as sº ºn tº - - e º ºs º º -
* - - - tº º ºs ºs - - - - * *
* * * * * * * * * * * * * *
* = * * * - e º ºs e is º º º
776
LAND-GRANT RAILROADS, 1879.
LAND SALES BY
Operation of the land departments of


*4 Ps tº = tº $º
㺠§§ # §§ §§
8:3 §§ 3 3 3 : 5 §
º ~ & sh 3 : £ 3
Name of railroad company. tº- # 5 : • 3 ‘s . º: 33
•.g ... § $'; ## §§§
g or: cº º rº § 3 ;
$2,3 3 : 8 g É ſº ă. P,
* §.3 = 3 3. 33.8
P ſº 2. 2. ſº
ºnion Pacific. ------------- - - - - - - - July 1, 1862 July 2, 1864 1,038% 20 12,000,000
Cº. º (from Sacramento, July 1, 1862 July 2, 1864 | 737.5 20 8,000,000
63 St.W3POI). -
Central Pacific (Western Pacific)... July 1, 1862 July 2, 1864 123. 16 20 1, 100,000
Central Pacific (Oregon Branch).... July 25, 1866 - - - - - - - - -..... 291. 10 3,000,000
Ransas Pacific---------------------. July 1, 1862 July 2, 1864 638. 6 20 6,000,000
Central Branch, U.P. --...----. . . . . July 1, 1862 July 2, 1864 100. 20 245, 166
aSioux City and Pacific-----...----- July 1, 1862 July 2, 1864 || 101.77 10 600,000
Burlington and Missouri River... --. July 2, 1864 - - - - - - - - - - - - - - 190. 14 20 2,441, 600
Denver Pacific---------------------. July 1, 1862 | Mar. 3, 1869 || 106. 20 1, 100,000
Southern Pacific.------------------. July 27, 1866 ||-------------. 942 : ###;"|39,520,000
Northern Pacific ------------------- July 2, 1864 |.....--------. 1,800. ###"ſº,000,000
Atlantic and Pacific ---------------. July 27, 1866 Mar. 3, 1871. 208. §§:"'42,000,000
Saint Louis and San Francisco. --. : #: ; #; }Mar. 3, 1871 1,440. 6 |\-------------
Qregon and California -------------. july 25, 1866|.............. 200. 20 3, 500,000
Oregon Central --------------------. May 4, 1870 - - - - - - - - - ..... 47.5 20 1, 200,000
Hannibal and Saint Joseph . . . . . . . . . June 10, 1852 -------------. 206. 41 6 781, 944.83
Missouri Pacific.------------------. June 10, 1852 ---------...--- 37. 6 1,161,235. 07
Saint Louis and San Francisco.... ; #: #. # }Mar. —, 18711,440. 6 42,000,000
Saint Louis, Iron Mountain and y July 4, 1866
Southern ---------------------. Feb. 9, 1853|{####; $514. 10 4, 106,647.31
Little Rock and Fort Smith... --..... Feb. 9, 1853 July 28, 1866. 168. 1,009, 296.34
Memphis and Little Rock ----...--. Feb. 9, 1853 July 28, 1866. , 133. 5, 15 804, 185.80
Missouri, Kansas and Texas........ Mar. 3, 1863|{#2;#3577. 10 1,520,000
Atchison, Topeka and Santa Fé . . . . . Mar. 3, 1863 |..... .... º: 471. 10 3,000,000
Ransas City, Lawrence and Southern Mar. 3, 1863 |.............. 144. 16 10 00,000
Saint Joseph and Western.......... July 23, 1866 ---...--------. 227. 10 1,700,000
Chicago, Burlington and Quincy.... May 15, 1856 June 2, 1864 || 279. 6 48,643.66
Chicago, Rock Island and Pacific... May 15, 1856 June 2, 1864 309. 6 1,261, 181
bCedar Rapids and Missouri River May 15, 1856 June 2, 1864 271.06 6 1,298, 739
Dubuque and Sioux City .... ------. May 15, 1856 June 2, 1864 || 142.89 6 31 226, 163. 05
Iowa Falls and Sioux City.----..... May 15, 1856 June 2, 1864 | 183, 69 6 9 ***, +vºws
Sioux City and Saint Paul---------. May 12, 1864 - - - - - - - - - - 122.35 6 524, 800
Saint Paul and Sioux City---------- Mar. 3, 1857 | May 12, 1864 || 121.27 6 1,010, 000
Chicago, Milwaukee and Saint Paul. Mar. 3, 1857 { #. 1% # } 335. 10 2,729,403
Wisconsin Central.------------------ May 5, 1864 |....... -- … 249.3 10 1,800,000
Chicago, Saint IPauland Minneapolis June 3, 1856 May 5, 1864 || 177.5 10 990,983.38
y
North Wisconsin ------------------- June 3, 1856 |May 5, 1864 42. 5 10 1,408,452. 69
Winona and Saint Peter -...--------. Mar. 3, 1865 |------------- 327. 10 1,410,000
Southern Minnesota ---------------. July 4, 1866 |.------------. 167. 05 10 735,000
Saint Paul and Duluth -------...--. May 5, 1864 July 13, 1866|| 156. 10 920, 000
º g - º July 12, 1862
sºlºinneapºlis and Mant } Mar. 3, 1857 § #; ; 387. 10 4,723,638.95
- e º ºs - - - º ºs e - e ºs e era A • * * * * * * * * * 3.T. 3,
Stillwater and Saint Paul . . ... ----. Mar. 3, 1857 || Mar. 3, 1865|---------. 10 --------------
Saint Paul, Stillwater and Taylor's
Falls ----------------------------- Mar. 3, 1857 | Mar. 3, 1865|----------|------------|--------------
Vickskärg, Shreveport and Texas ... June 3, 1856 |.--------...--. 72. 10 610,880
Morgan's Louisiana and Texas ----. June 8, 1856 |-------------. 80. 10 9

a.All lands, lots, and assets of this road were sold April 15, 1875, to the Missouri Valley Land Com-
pany for $200.000.
OFFICE AUDITOR OF RAILROAD ACCOUNTS, November 1, 1879.
LAND SALES BY LAND-GRANT RAILROADS, 1879.
777
land-grant railroads, November 1, 1879.
º

É É 3 ## # §§ É Lands sold during the year—
35 395 CŞ 8 : bº
353 +2 nº g E 3.5
+3 wo: f $– ** , H bºa g
© dº sº. 33 3 d5 e sº e
ºf . q} wº 3 a; re, g : §§
* $5: 3 * a rº q) cº 3 : ; o 9
dº gº. §o cº º Q) . tſ) & S2 × . Ending— | Acres. sº | Amount.
##1. ać 73.:3 || 3 | #.” E: § 5
5 §§ 3 # 3 2 9 #’s 33 § 5,
2. H H <! º <!
lºſiº, lººru lºss ºf 104070 ºpee alistspiºns, sºlºss.
' ' || June80, 1879
####|ſ 685*49. $3,007.80% 03. 6 20g 11,464, 575.09 Dec. 31, 1878 || 78, 100. 13 8 24 || 643,776 71
50, 644.76
815, 880. 01 } *.*.*2.850.33479. 1 97 4,569,482.69 Dec. 31 830 56
• * * * 1,430, 517.315°.” , 569,482.69 Dec. 31, 1878 |207,938.03| 3 38 || 702, 830
186,453.28.------------|------------|------|--------------|--------------|----------|------|------------
41, 318,28--------------|------------|------|------------|--------------|---------|------|------------
2, 374,090.77|.... - - - - - - - - - - " "::" -- ~~! 2" – …" 38,966.77|| Dec. 31, 1878 |514,098.00.----- 2,650, 511 00
a silº is,** * * * * * *.*.*.*.*.*.*.*.*.* is sº º
In OS. 81001-
1,046, 370.65 274,882, 27. 647, 885 27] 2 35 | 0,245, 117. *}; Dec. 31, }. 920. 18, 598 || 183,733 20
878
June 30, 1879
743,493. 44 § 312, 129.00 ; * * * * * - º ºs º º º º sº s º ºn 44,687,871.00|--------------|---------|------|------------
None. --------------|------------|------|----------------------------|----------|------|------------
504,365. 32. 215, 747.33|------------|------ 41,784, 252.67 Dec. 31, 1878 10,510, 30, 2 89 || 30, 372 96
322,462.401--------------|------------|------|--------------|--------------|----------|------|------------
None. --------------|------------|------|--------------|--------------|----------|------|------------
603, 506, 84--------------|------------|------|--------------|--------------|----------|------|------------
1, 161,204.5ll--------------|------------|------|----------------------------|----------|------|------------
504,365. 32|--------------|------------|------|-----. Same as above--------|----------|------|------------
1,383, 614.66 {"; º }571, 532 31; 2 87 3,907, 581. 30 June 30, 1879 25,347. 63. 2 47 || 63,153 82
916, 716.44|--------------|------------|------|--------------|--------------|----------|------|------------
141, 844. 701--------------|------------|------|-------------. Dec. 31, 1878 3,033.97 2 02 || 6,074 40
558,068.13|--------------|------------|------|-------------- Dec. 31, 1878 || 97,122.00 221 || 214,864 28
*::::::::... sºlº.º.º.º. º.º.º.º.ºpee alsº 4 sºlº
4; dii. §.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.
****śisis;*.*.*.*-----|--........ Dec. 31, 1868 9,707. 6313 60 | 132,098 99
une 30,187
1 º * : 213,923.92 ;1907,888 38------| 1,027,257. 08--------------|----------|------|------------
140, 493. 531--------------|------------|------|--------------|-------------|----------|------|------------
{ §§ ; 292, 228.311, 502, 780 32 5 14 |...--...- ... --. Dec. 31, 1878 18, 693.63 9 42 176, 18086
407,910. 21, 198,455.001, 293,769 76; 6 51 326,345.00 Dec. 31, 1878 54,263.00. 7 11 || 388,498 00
1, 596, 847.87| 196,355.281,346, 169 40 5 27 | 813,644. 72 Dec. 31, 1878 || 97,050. 50 6 82 | 661,819 14
487,811. 51 148,857.00|......... ---|-----. 2,580, 546.00 Dec. 31, 1878 7, 634.00 4 17 | 31, 833 78
*** *** * * 1 sº lºss.sºlºist." 1 & sº as
- - 8 mos. end- |) .
902,816.89| 329,055.18|.................. 670,928, 20 §: 31, & 270.51] 2 91 152, 20152
1878.
:is º º 'º - - - - - - * * * * | * * * * * * * * * * * * e s tº sº tº º | * * * * * * * * * * * * * * | * * * * * * * * * * * * * * • * * * * * * * * * : * * * * * * * * * * * * * * * * * * *
1,668, 007. 90 :*:::::::::: } * - e º 'º - ºr º sº tº e º ºs º º sº. 1,396,011.90 May 31, 1879 || 51,704.73 3 90 201,872 24
285,408.84|--------------|------------|------ 143,680, 38 Dec. 31, 1878 4, 252.05 6 78 28,872 32
800,584.093°º;;................ 902,265.98 May 31, 1879 || 12, 523. 18, 4 56 55, 110 49
; : v ×e
2, 688,085.36 jºke. 00 794 4, 264,773.95 Dec. 31, 1877 | 89,327.00 4 13 || 368,920 51
y e -
* * * * * * * * * * * * : * * * * * * | * * * * * * is as sº º ºs e º e Dec. 31, 1877 |None sold|------|------------
:::::::::::::----- 5,348.73 30,917 06' 519 38,297.54 Dec. 31, 1878 4,729.95 5 19 24, 523 77
853,211.70 -------------|------------|------|--------------|--------------|----------|------|------------
719, 193. # º tº ºn e º 'º - - - - - e º gº * * * * * * * * * * * * : * * * * * * : * * * * * * * * * * * * * * i s m e º e s m = e g s = e s i ºr e º sº º ºs e s s a e º a s s m i s e s m e º s = * * * *

bAll lands sold for $800,000 to the Iowa Railroad Land Company on September 15, 1879.
778 LAND SALES BY LAND-GRANT RAILROADS, 1880.
→--------~~~~F-z-
º Operations of land departments of land-
rº 3. * . $4
5 g+5 § 3 㺠Åre
-: 33 3: ## 5 §
c; +5 rº; c3 : o3 $ 8 B ci
.E & §: ă & § 3 gº º
Name of railroad company. #: 5 § 3. ‘s. red ;
# 2 : §§ :* 5: #
© bſ) :3 # #5 5 §
3 +,& ää Ég ‘5 -
cº cº º: ſº & O
P ſº 24 2. ſº
Union Pacific (main line) ------------- July 1, 1862 July 2, 1864 | 1,038. 68 20 12,000,000
Kansas Division (late Kansas Pacific). July 1, 1862 July 1, 1864 638. 6 20 6,000,000
Denver Division (late Denver Pacific). July 1, 1862 Mar. 3, 1869 106 20 1, 100,000
Central Branch Union Pacific - - - - - - - - July 1, 1862 July 2, 1864 || 100 20 245, 166
Central Pacific (east from Sacramento)|July 1, 1862 July 2, 1864 737. 5 20 7, 997,600
Western Pacific ---------------------- July 1, 1862 July 2, 1864 123. 16 20 1, 100,000
Oregon Beach ----------------- ----- July 25, 1866 |. --------------- 291 20 3, 724,800
Sioux City and Pacifica.---------...--. July 1, 1862 July 2, 1864 101.77 | 10 41, 318, 23
Northern Pacific---------------------. July 2, 1864 May 31, 1870 2,317 |} #}} 42,000,000
Southern Pacific---------------------. July 27, 1866 | Mar. 3, 1871 934. 70 | 20 11,964, 160
Missouri Pacific : - - - - - - - -------------- June 10, 1852 ---------------- 37 6 } 1, 161,235. 07
Saint Louis and San Francisco........ June 19, 1852 ---------------- 203 6 3 *-*-*.* ******
Atlantic and Pacific -----------------. July 27, 1866 ---------------- 1,755. 70 #: ; 49, 244, 803.26
Burlington and Missouri River ------. July 2, 1864 |. ----------- . . 190. 5 20 2,441, 000
Cedar Rapids and Missouri Riverd.... May 15, 1856 || June 2, 1864 271. 6 6 1, 298, 730 .
Hannibal and Saint Joseph - - - - - - - - - - - June 10, 1852 |- - - - - - - - - - - - - - - - 206. 41 6 781, 944.83
Saint Joseph and Western............ July 23, 1866 ---------------. 227 20 1, 700,000
Oregon and California ---------------- July 25, 1866 ||------------. --. 200 20 3,840, 000
Oregon Central ----------------------- May 4, 1870 | . . . . . . . . . . . . . . 47. 5 10 100,000
Saint Louis, Iron MountainandSouth'n Feb. 9, 1853|{ #. &#|; 514 || 10 || 4,106,647.30
Memphis and Little Rock - - - - - - - - - - -. Feb. 9, 1853 july 28, 1866 || 133 10 804, 185.80
Little Rock and Fort Smith. ---------- Feb. 9, 1853 July 28, 1866 || 165. 16 || 10 1,009, 296.34
Missouri, Kansas, and Texas - - - - - - - - - Mar. 3, 1863 } # 2. # ; 183.2 10 1, 520,000
Kansas City, Lawrence and Southern. Mar. 3, 1863 |.......... º 143. 22 || 10 800,000
Atchison, Topeka and Santa Fé....... Mar. 3, 1863 |- - - - - - - - - - - - - - -. 470. 58 || 10 3,005, 870
Chicago, Burlington and Quincy ------ May 15, 1856 June 2, 1864 279 6 , 643
Chicago, Rock Island and Pacific..... May 15, 1856 June 2, 1864 317 6 1,261, 181
Chicago, Milwaukee and Saint Paul ..] Mar. 3, 1857 : #. 1; ; ; 335 10 2,727,403
Southern Minnesota .2-------- : - - - - - - - July 4, 1866 .........'......| 167.05 || 10 735,000
Cºsmºpºlº;|June 3 iss, May 51sº in 5 10 999,983. 38
Saint Paul and Sioux §§ tº gº º gº tº º º sº tº gº º is Mar. 3, 1857 May 12, 1864 121. 27 | 10 1, 199, 849. 07
Sioux City and Saint Paul - - - - - - - - - - - - May 12, 1864 ||--...----------- 122. 35 | 10 551, 148. 57
North Wisconsin ------...------------- June 3, 1856 May 5, 1864 42.5 10 1,408,452. 69
Iowa Fails and Sioux City - - - - - - - - - - -. May 15, 1856 June 2, 1864 183. 69 6 } 1, 226, 163. 05
Dubuque and Sioux City.------...--. May 15, 1856 June 2, 1864 142. 89 6 , a cav, Lvºv-
Wisconsin Central---------------...--. May 5, 1864 ||---------------- 256 37 || 10 1,800,000
Winona and Saint Peter.............. Mar. 3, 1857 | Mar. 3, 1865 323. 22 || 10 1, 852,989
July 12, 1862
Saint Paul, Minneapolis aad Manitoba Mar. 3, 1857 #: 3, ; : 387 10 4,723,638.95
ar. 3, 187
Saint Paul and Duluth. --...--...------ May 5, 1864 July 13, 1866 156 10 920,000
Stillwater and Saint Paul............. Mar. 3, 1857 Mar. 3, 1865 13 10 l. ---------------
Saint Paul, Stillwater and Taylor Falls Mar. 3, 1857 |... ------------ 18 10 1---------------.
Vicksburg, Shreveport and Pacific....|June 3, 1855.8%.º. 3 & 6 610,880
Morgan's Louisiana and Texas........ June 3, 1856 15, 1870 y 80 6 967, 840
3. &
14, 351. 12 ||-----. 179,922, 528.54

a All lands, lots, and land assets of this road were
Company for $200,000.
b.In States.
c In Territories.
sold April 15, 1875, to the Missouri Valley Land
d All lands sold for $800,000 to the Iowa Roilroad Land Company on September 15, 1869.
LAND SALES BY LAND-GRANT RAILROADS, 1880.
779
grant railroads to November 1, 1880.

Pºrt: 8ſ) &H
# à Total sales of lands. #3.5 QP
© g-- s
s: - ### #
‘sº ź. §: ; :
rº; . r: ©
a $3 9 @ § 3 ºre '#:
Ö º dº Date. Acres. Amount. §§ & S-3 F. +E 2
, C. Q r- # Cº s 3 rºt 3 3 :
8 3 cº q) 3: p: É 8. E
E ºdº P- t;3,& E 3
24 <! R Ås
1,859, 474. 59 || Dec. 31, 1879 1,568,438. 62 $7,432, 534 98 || $473 10, 431,561.38 || $10,431,561 38
828, 830.44 || June 30, 1880 | 1,433,953. 32 4, 266, 589 32 || 2 98 || 4, 566,046.68 || 10,415, 116 70
49, 811. 59 || June 20, 1880 164,604.78 732,067 71 || 4 45 935, 395. 32 2,238,487 05
187, 607. 99 || Mary 31, 1877 70,287, 53 327,425 41 || 4 66 174,784. 70 1,748,784 70
708,862. 17
434.737. ; June 30, 1880 726, 534. 54 || 4, 324, 888 70 595 || 10,995,865.46 10,995,865 46
1, 338,039. 27 - -
41, 318.23 Apr. 15, 1875 41, 318.23 200,000 00 500 ----------------|----------------
746, 509, 52 June 30, 1880 2, 593, 983. 18 9,089, 453 99 || 3 50 | 39,406,016.82 | 97, 515, 042 45
1,048,090. 65 June 30, 1880 279,623.40 | 1,999, 396 06 || 4 28 11,684, 536.60 | 11,684. 536 60
1, 161,204. 51 | Dec. 31, 1879 553, 873.95 | 1, 461,855 73 || 2 63 607, 361. 12 3,036, 805 60
504, 536, 60 | Dec. 31, 1879 220, 259.20 623, 369 04 || 2 86 || 49,024, 544.06 || 24, 512,272 06
2, 374,090.77 Jan. 1, 1879 e1,041, 525.74 || 6,836, 329 11 || 7 93 | 1,400,074.26 || 14,000, 742 60
1, 140,493. 53 |--------------|------ - * * * * * * I m = - - - e = * * * * * * - I • * * * * * * 1, 298, 730 6, 493, 650 00
603, 506. 34 Dec. 31, 1879 512,998.74 || 4,802, 448 89 9 55 268,946.09 2,689, 460 90
461, 813. 24 |--------------|---- e e s - - - * * * * * | * * * * * * * * * * * * * * * * : * * * * * * * 1,700,000 8,500.000 00
323, 148.68 Dec. 31, 1879 82,072. 55 175, 650 37 || 2 14 || 3,757,927.45 9,394, 818 62
None ----------|--------------|----------------|----------------|----- - 100,000 125,000 00
1, 386, 383.66 || June 30, 1880 264, 802.35 | 1, 129,873 99 || 4 27 | 3,841, 844.95 9,604,612 37
141, 844. 70 --------------|----------------|----------------|- tº ºº e - - - 804, 185.80 2,010,464 50
916, 716.44 |--------------|----------------|----------------|------. 1, 009, 296.34 2, 523, 240 85
658,068.13 June 30, 1880 435, 554.07 | 1,604,014 97 || 3 68 1,084,445.93 5,422, 229 65
256, 281.66 || June 30, 1880 199,759.58 597, 166 88 298 600, 240.42 3,001, 202 10
2, 474, 326.47 June 30, 1880 993, 675.79 || 5,802,985 98 || 5 84 2,012, 194, 21 3,030, 485 52
388,817.35 | June 30, 1880 283,014. 52 || 3,430, 572 05 || 12 12 665,628.48 6, 656,284 80
643, 307. 17 | Apr. 1, 1880 371, 854 2,944, 374 00 || 7 91 889, 327 7, 114, 516 00
654, 141, 17 | Dec. 31, 1878 148,857 ---. ------------|------- 2,580, 546 12, 902,730 00
454, 956.86 |--------------|----------------|----------------|------- 735,000 3, 665,000 00
f 252,752.73 *
802, 816. 89 || Dec. 31, 1879 77, 374. 81 307, 654 68 || 4 19 669,855.84 3, 349, 279 20
3 * * * **
1, 200, 358.01 || June 30, 1880 324, 543.70 || 2,099, 387 87 || 6 49 875, 305.37 4,376,526 85
396, 998.89 June 30, 1880 232, 127.35 | 1, 506,135 66 || 6 48 319, 021. 22 1, 595, 106 10
843, 497. 56 |------------- l----------- ----|----------------|------- 1,408, # § { 042, ; ;
683, 023.80 361,419.6 , 807, 098 40
{ §§§ June 30, 1880 314,275. 41 || 2,098,994 25 | 685 550,467.96 } 2,702, 339 80
575, 844, 56 || Dec. 31, 1879 76,734. 30 400, 204 99 || 5 60 1,723,265.80 8, 616, 329 40
1,668, 007. 90 June 30, 1880 | g 557, 574. 98 || 1,045, 801 58 || 3 98 || 1,295,414.02 6, 477,070 10
2,031, 337.89 || Dec. 31, 1877 458, 865 3, 651, 641 00 || 7 94 || 4, 264,773.95 21, 323,869 75
860, 564. 09 || June 30, 1880 28,964 106,462 00 || 3 67 891, 035. 11 2,227, 587 77
65, 113.64 June 30, 1880 12, 862. 01 60, 386 34 || 4 69 52, 251.63 156,754 89
44, 246.47 || June 30, 1880 9, 028.73 47,813 06 || 5 30 35, 217.74 105,653 22
353,211.70 |--------------|----------------|------------- - - - - - - - - - - 610,880 ----------...-----
279, 332.85 |------------- |----------------|----------------|------- 967, 840 ----------------
32, 131, 731.52 -------------. 14, 310,204. 16 | 68, 905, 479 31 |....... 164, 512,334.38 322, 899, 130 85

of 252,752.73 acres before the property came into the hands of
. made during years 1874, 1875, 1876, and 1877, not being reported, are not included in this
2.I.O.OU!Illº. -
The West Wisconsin Railroad Company, of which this or
t
5. is the successor, had disposed
e new company.
y
g Of this quantity 317,061.26 acres were conveyed for purchase of the first 105 miles of road.
780
LAND SALES BY LAND-GRANT RAILROADS, 1880.
--irºs---ºr-
$perations of land departments of land-grant railroads to November 1, 1880–Continued.

Q
©
- Lands F. g
Name of railroad company. ºws Acres. §§ Amount.
ending— § #.
<!
Union Pacific (main line).-------------------------- Dec. 31, 1879 243,337.31 $415 || $1, 007, 855 63
Ransas Division (late Kansas Pacific).------------. June 30, 1880 150, 534.46 3 86 581,726 53
Denver Division (late Denver Pacific)...... ------- June 30, 1880 8,834, 74 4 89 43,267 32
Central Branch Union Pacific----------------------|--------------|--------------|--------|--------------
Central Pacific (east from Sacramento) ..........
Western Pacific -------------------...----------- } June 30, 1880 91,269.63 3 54 322,775 49
Oregon Branch ---------------------------------.
Sioux City and Pacific a--------------------------. --------------|--------------|--------|--------------
Northern Pacific----------------------------------- June 30, 1880 304, 276.58 2 67 812, 521 04
Southern Pacific----------------------------------- June 30, 1880 11,697.36 4 00 46,789 44
Missouri Pacific --------------------------------.
Saint Louis and San Francisco. ---...--...--------. } Dec. 31, 1879 40, 343.98 ||--------|--------------
Atlantic and Pacific ------------------------------- Dec. 31, 1879 2,462.88 2 81 6,934 17
Burlington and Missouri River -------------------. Dec. 31, 1878 514,098 5 15 2,650, 511 00
Cedar Rapids and Missouri Riverb.......... ------|--------------|--------------|--------|--------------
Hannibal and Saint Joseph.--------------......... Dec. 31, 1879 64,272.59 776 494,773 06
Saint Joseph and Western-------------------------|--------------|------------- •l - - - - - - - - I - - - - - - - - - - - - - -
Oregon and California ----------------------------. Dec. 31, 1879 9,927. 50 || 2 50 25,658 10
Oregon Central ------------------------------------|--------------|--------------|--------|--------------
Saint Louis, Iron Mountain and Southern ......... Dec. 31, 1879 47,088. 15 3 67 172,623 96
Memphis and Little Rock --------------...--------. Dec. 31, 1878 3,033.97 2 02 6,047 40
Little Rock and Fort Smith -----------------------|--------------|--------------|--------|--------------
Missouri, Kansas and Texas ---------...---------. June 30, 1880 48. 422. 89 2 40 116, 206 92
Kansas City, Lawrence and Southern ............. Half-year 20, 215.71 3 23 66,419 36
ending June
30, 1880.
Atchison, Topeka and Santa Fé -----.............. June 30, 1880 80, 982 5 31 430, 358 70
Chicago, Burlington and Quincy -------------...-- Dec. 31, 1879 26,139.53 || 14 65 383,097 59
Chicago, Rock Island and Pacific -----...----...--. Apr. 1, 1880 93, 318.36 8 63 803,970 40
Chicago, Milwaukee and Saint Paul ............... Dec. 31, 1878 7,634 4 17 31, 833 78
Southern Minnesota ------------------------------. Dec. 31, 1878 4, 252.05 6 79 28,872 32
Chicago, Saint Paul, Minneapolis and Omaha ...... Dec. 31, 1879 25,098.45 4 28 107,421 37
Saint Paul and Sioux City......................... 18 mos. end- 30,955.44 6 64 205,564 99
ing June 30,
1880.
Sioux City and Saint Paul ------................... 18 mos. end- 33,672.35 | 6 30 212,365 90
ing June 30,
1880.
North Wisconsin ----------------------------------|-------------. 26,279 4 65 122, 197 35
Iowa Falls and Sioux City......................... June 30, 1880 36,266 --------|--------------
Dubuque and Sioux City --------------------------|--------------|--------------|--------|--------------
Wisconsin Central.-------------------------------. Dec. 31, 1879 10, 525. 57 2 44 27, 103 35
Winona and Saint Peter -----..................... June 30, 1880 103,139.75 3 20 330,047 20
Saint Paul, Minneapolis and Manitoba. ............ Dec. 31, 1877 89, 327 4 13 368,920 51
Saint Paul and Duluth----------------------------. 18 mos. end- 11,230.87 2 67 29, 988 81
ing June 30,
1880.
Stillwater and Saint Paul.-------------------------|--------------|--------------|----------------------
a All lands, lots, and land assets of this road were sold April 15, 1875, to the Missouri Valley Land
Company for $200,000.
b All lands sold for $800,000 to the Iowa Railroad Land Comapany on September 15, 1869.
LAND SALES BY LAND-GRANT RAILROADS, 1880.
781
Operations of land departments of land-grant railroads to November 1, 1880–Contiuued.
Q
©
Lands #. §
Name of railroad company. ºrs Acres. §§ Amount.
ending— ; §
<d
Saint Paul, Stillwater and Taylor Falls............ 18 mos. end- 3,080 $2 24 $6,896 00
ing June 30,
1880.
Vicksburg, Shreveport and Pacific ----------------|--------------|--------------|--------|--------------
Morgan's Louisiana and Texas --------------------|--------------|--------------|--------|--------------
2, 141,716. 12 |........ 9,442,747 68
OFFICE AUDITOR OF RAILROAD Accounts, November 1, 1880.
f
782 LAND SALES BY LAND-GRANT RAILROADS, 1881.
g
F-
- - , – ~~~~~i=---ºr------------------------E-------- ~~~~ *- : - - *: … + +
- *;
Operations of the land departments of
r: Ps $.
5 34; 3 *
~ 33 33
#5 '33 ,& 5
.F. : § 3. ‘ā Śh
Name of railroad company. # ă § , sº
.. . . ‘sº #:
& 80 * 5 3 &
# # = | #5
ſº ſº 2.
Union Pacific (main line).---------------------------------- July 1, 1862 July 2, 1864 1, 038.68
ansas Division (late Kansas Pacific)..... * * * * * * * * * * * * * * * July 1, 1862 July 2, 1864 638. 6
Denver Division (late Denver Pacific)...------------------. July 1, 1862 Mar. 3, 1869 106
Central Branch, Union Pacific ---------------------------- July 1, 1862 July 2, 1864 100
Central Pacific (east from Sacramento) -------------------. July 1, 1862 July 2, 1864 737.5
Western Pacific------------------------------------------- July 1, 1862 July 2, 1864 123. 16
Oregon Branch-------------------------------------------- July 25, 1866 |---------------. 291
Sioux City and Pacific a----------------- - - - - - - - - - - - - - - - - - - - July 1, 1862 July 2, 1864 101.77
Northern Pacific ------------------------------------------ July 2, 1864 May 31, 1870 2, 317
Southern Pacific ------------------------------------------ July 27, 1866 Mar. 3, 1871 934. 70
Missouri Pacific------------------------------------------- June10, 1852 ---------------- 37
Saint Louis and San Francisco ---------------------------. June 10, 1852 ---------------- 203
Atlantic and Pacific --------------------------------------- July 27, 1866 ---------------- 1, 755. 70
Burlington and Missouri River---------------------------. July 2, 1864 - - - - - - - - - - - - - - - - 190. 5
Cedar Rapids and Missouri River d------------------------ May 15, 1856 June 2, 1864 27. 6
Hannibal and Saint Joseph. ------------------------------. June 10, 1852 l.--------------- 206. 41
Saint Joseph and Western--------------------------------. July 23, 1866 ---------------- 227
Oregon and California ------------------------------------- July 25, 1866 ||---------------- 200
Oregon Central -------------------------------------------- May 4, 1870 - - - - - --------- 47. 5
Saint Louis, Iron Mountain and Southern.----------------. Feb. 9, 1853 § * }: } 514
Memphis and Little Rock-----------------------------...--. Feb. 9, 1853 July 28, 1866 133
Little Rock and Fort Smith-------------------------------. Feb. 9, 1853 July 28, 1866 165. 16
Missouri, Kansas and Texas------------------------------. Mar. 3, 1863 } #. 2. # } 183.2
Kansas City, Lawrence and Southern Kansas-------------- Mar. 3, 1863 ||--------------- 143. 22
Atchison, Topeka and Santa Fé------------------...--------- Mar. 3, 1863 |- - - - - - - - - • - - - as sº e 70.58
Chicago, Burlington and Quincy---------------------------- May 15, 1856 June 2, 1864 279
Chicago, Rock Island and Pacific.------------------------. May 15, 1856 June 2, 1864 317
Chicago, Milwaukee and Saint Paul.-----------------...----- Mar. 3, 1857 { ; 1% ; } 335
Southern Minnesota --------------------------------------- July 4, 1866 ---------------. 167. 05
Chicago, Saint Paul, Minneapolis and Omaha ---...--------. June 3, 1856 May 5, 1864 177. 5
Saint Paul and Sioux City--------------------------------- Mar. 3, 1857 May 12, 1864 121. 27
Sioux City and Saint Paul. ---------------------------...--. May 12, 1864 ||-- . . . . . . . . . . . . . . 122. 35
North Wisconsin -----------------------------------------. June 3, 1856 May 5, 1864 42.5
Iowa Falls and Sioux City---------------------------. ------ May 15, 1856 June 2, 1864 183. 69
Dubuque and Sioux City ----------------------- tº as sº ºn s s as as * * * May 15, 1856 June 2, 1864 142. 89
Wisconsin Central.---------------------------. ------------ May 5, 1864 ||--- - - - - - - - - - - - - 256. 37
Winona and Saint Peter ----------------------------------. Mar. 3, 1857 | Mar. 3, 1865 323. 22
July 12, 1862
Saint Paul, Minneapolis and Manitoba-...---------...------. Mar. 3, 1857 #. ; 1865 ! 387
ar. 3, 1871
Saint Paul and Duluth------------------------------------- May 5, 1864 July 13, 1866 156
Stillwater and Saint Paul. --...-...--...--------------------. Mar. 3, 1857 | Mar. 3, 1865 13
Saint Paul, Stillwater and Taylor's Falls ..... --...--...---- Mar. 3, 1857 ||---------...----. 18
tº º gº Forfeited by
Vicksburg, Shreveport and Pacific -------------...--...----- June 3, 1856 act of Jul 93
Morgan's Louisiana and Texas. --...--...... s’s a • * * * * * * * * * * * * * June 3, 1856 y 80
14, 1870.
T1.351 12"
|
a All lands, lots, and land assets of this road were sold April 15, 1875, to the Missouri Valley Land
Company for $200,000.
bIn States.
cIn Territories.
OFFICE AUDITOR OF RAILROAD ACCOUNTS, November 1, 1881.
LAND SALES BY LAND-GRANT RAILROADS, 1881.
783
land-grant railroads to November 1, 1881.

wº ‘5 CD Q
5': 5 : # 5 Total sale of land.
## 5': 315
§§ ā; + 3 5
# # 8: ſº
Q GD . .
# #3 gää Date. Acres. Amount. #
8 -: 3: ". ;: CŞ
ää 5 § 5 §§ º
2. É 2. <!
20 12,000,000 1, 860, 114.59 || Dec. 31, 1879 | *1,568,438.62 $7,432, 534 98 || $473
20 6,000, 000 909,985.45 June 30, 1880 1,433,953. 32 4, 266, 589 32 || 2 98
20 1, 100,000 49, 811. 59 June 30, 1880 164,604.78 732, 067 71 || 4 45
20 245, 166 187,607.99 || Mar. 31, 1877 70,287. 53 327,425 41 || 4 66
20 7, 997,600 721,434. G8 •
20 1, 100,000 428, 263.78 X | June 30, 1881 850, 907. 49 5,333, 675 73 || 5 38
20 3,724,800 1, 338,039. 27
10 41, 318.23 41,318.23 Apr. 15, 1875 41, 318.23 200,000 00 | 5 00
{ #. ; 42,000,000 746, 509, 52 June 30, 1880 2, 593, 983. 18 9,089, 453 99 || 3 50
20 11,964, 160 1, 139,141.61 June 30, 1881 295, 120.20 1,463,349 34 || 4 09
§ 1, 161,235.07 | 1, 161,204. 51 || June 30, 1881 627, 358.40 2, 173,349 26 || 3 50
#; 49, 244, 803.26 527, 573.96 || June 30, 1881 329, 022.73 769, 700 12 || 2 83
20 2,441, 600 2, 374,090.77 | Jan. 1, 1879 e1,041, 525.74 6,836, 329 11 || 7 93
6 1, 298,730 1, 141,690.77 |---------- |.-----------------|------------------|-------
6 781, 944, 83 603, 506. 34 || Dec. 31, 1879 512, 998. 74 4,802, 448 89 || 9 55
20 1, 700,000 461,813.24 |--------------|------------------|------------------|-------
20 3,840, 000 323, 148.68 June 30, 1881 89, 596.11 270,470 84 || 2 26
10 100,000 | None------------|--------------|------------------|------------ • - we - m as in tº e s sº em e º
10 4, 106,647.30 1,386, 383.66 June 30, 1880 264, 802.35 1, 129,873 99 || 4 27
10 804, 185.80 141,844. 70 --------------|------------------|------------------|-------
10 1,009, 296.34 916,716.44 |-------------------------------------------- -----|-------
10 1, 520,000 658,628. 13 || June 30, 1881 1, 125, 612.43 2, 484,453 22 || 3 72
10 800, 000 256,281.66 June 30, 1880 199, 759.58 |....... - - - - - - - - - I s º gº ºn ºn tº -
10 3,005, 870 2, 755,403.75 | Dec. 31, 1880 1, 184,229.80 5, 821,705 16 || 5 02
6 948, 643 388,817.35 | June 30, 1880 283,014.52 3,430, 572 05 || 12 12
6 1,261, 181 643, 307. 17 | Apr. 1, 1880 371, 854. 00 2,944, 374 00 || 7 91
10 2,727,403 1, 158, 104.57 | Dec. 31, 1878 148,857.00 ||------------------|-------
10 735,000 454,956.86 ||--------------|------------------|------------------|-------
10 999,983. 38 802,816.89 || Dec. 31, 1879 : ſº 307, 654 68 || 4 19
10 1, 199, 849. 07 1, 200, 358.01 || June 30, 1880 324,543.70 2,099, 387 87 || 6 49
10 551, 148. 57 396, 998. 80 || June 30, 1880 232, 127.35 1, 506,135 66 || 6 48
10 1,408,452. 69 ;,] …------…------. • * * * * * * * * * I s is tº * * * *
6 gº 683, 023. 80 -
6 ; 1, 226, 163.05 550,467. §§ June 30, 1881 443, 360.78 2,788, 421 13 6 15
10 1,800,000 575, 844. 56 Dec. 31, 1879 76,734. 30 400, 204 99 || 5 60
10 1,852,989 g1, 668, 007. 90 June 30, 1881 889, 316.23 1,423, 574 71 || 3 63
10 4, 723,638.95 2,425, 376. 17 | Dec. 31, 1877 458, 865.00 3, 651, 641 00 || 7 94
10 920, 000 860, 564. 09 || June 30, 1880 28,964.00 106,462 00 || 3 67
10 ------------------ 65, 113. 64 June 30, 1880 12, 862.01 60, 386 64 || 4 69
10 ------------------ 44, 246.47 June 30, 1880 9, 028.73 47, 813 06 || 5 30
6 610,880 853,211.70 ||--------------|------------------------------------|-------
6 967, 840 279, 332.85 |--------------|------------------|------------------|-------
- - - - - - - - 179,922, 528.54 ............ --| 15, 115,858. 16 || 71,900, 054 86 |... -- - -

33, 524, 559.67
d Sales made during years 1875, '76, '77, not being reported, are not included in this amount.
e All lands sold for $800,000 to the Iowa Railroad
and Company on September 15, 1860.
fThe West Wisconsin Railroad Company, of which this organization is the successor, had disposed
of 252,752.73 acres before the property came into the hands of the new company.
g Of this quantity 317,061.26 acres were conveyed for purchase of the first 105 miles of road.
784
LAND SALES BY LAND-GRANT RAILROADS, 1882.
|
Operations of the land departments of
36
38
39
40
41
Name of company now operating. Name of railroad aided. | ** *:::::::::" mak-
Atlantic and Pacific--------------. Atlantic and Pacific ---...--. July 27, 1866------------------
Atchison, Topeka and Santa Fé.. Aºison. Topeka and Santa | March 3, 1863.----.... * * * * * * * *
é.
es º ºs - - - do --------------------------. Kansas City Lawrence and |-----. do ----------------------.
Southern Kansas...
Burlington and Missouri River (in Burlington and Missouri July 2, 1864.--------...--...--
Nebraska). River (in Nebraska).
Central Pacific-------------------. Central Pacific. ------------. July 1, 1862; July 2, 1864.----.
s = se - - - do ----- --------------...----| Western Pacific - - - - - - - - - - - ClO - - - - - - - - - - - - - - - - - - - - - - -
s - - - - - do --------------------------. California and Oregon. ------! July 25, 1866. -----------------
* * * * - - do --------------------------. Southern Pacific (Southern July 27, 1866; March 3, 1871 --
Chicago, Burlington and Quincy--
Chicago, Milwaukee and Saint Paul
* * * * * * * * * * * * * * * * * * * * * * * * * * e
• * * * sº * * * * * * * * * * * * * * * * * * * * * *
* * * * * - do
Chicago, Saint Paul, Minneapolis
and Omaha.
Hannibal and Saint Joseph
Illinois Central
Memphis and Little Rock--------
Missouri Pacific. -----...----------.
* * * * * - - - - - * * = e ∈ - - - - - - - - e s sº º
is ºs º- - - - - - - - - - - - - - - - - - e º E - - - - - - - - º as as a
s ºs s - - - - -Wºº ºr m sº tº sº tº - - - - - - * g º - - - - - - - tº gº gº º -
* * * - - -
sº as me • * * *V e s = e s w tº “ - - * * * * * * * * * * * * * * * *
Saint Paul, Minneapolis and Mani-
toba.
Division).
Burlington and Missouri
River (in Iowa).
Minnesota Central.--------.
Southern Minnesota. . . . ....
McGregorand Missouri River
Hastings and Dakota.
Chicago and Northwestern..
Cedar Rapids and Missouri
River c
Winona and Saint Peter....
Saint Paul and Sioux City -.
Sioux City and Saint Paul ...
West Wisconsin
North Wisconsin
- Mississippi and Missouri
River.
Hannibal and Saint Joseph.
Dubuque and Sioux City. ...
Iowa Falls and Sioux City ..
Little Rock and Fort Smith.
Memphis and Little Rock. . .
Central Branch Union Pacific
Cairo and Fulton
Southwest Branch of Pacific
of Missouri.
Saint Louis Iron Mountain
and Southern. -
Missouri, Kansas and Texas.
Northern Pacific...... -----.
Lake Superior and Missis-
sippi River.g
Western of Minnesota. ----.
Saint Paul and Pacific h.....
Oregon and California
Otegon Central
- | Southwest Branch of Pacific
of Missouri.
Atlantic and Pacific . . . .
Lake Superior and Missis-
sippi River.
Stillwater and Saint Paul. . .
Saint Paul and Pacific. ---..
May 15, 1856; June 2, 1864.....
March 3, 1857; March 3, 1865;
July 13, 1866. J
July 4, 1866; July 13, 1866. --.
May 12, 1864 - - - - - - - - - - - - - - - - - -
July 4, 1866; July 13, 1866. .
June 3, 1856; April 25, 1862;
March 3, 1865; March 3, 1869.
May 15, 1856; June 2, 1864....
March 3, 1857; March 3, 1865;
July 13, 1866; Jan. 10, 1873.
March 3, 1857; May 12, 1864;
March 3, 1865; July 13, 1866.
May 12, 1864; July 13, 1866 --.
June 3, 1856; May 5, 1864----.
June 10, 1852
May 15, 1856; June 2, 1864 ...
May 15, 1856
* * * - - - - v.r7 = • - - - - - - - - - as s.
July 1, 1862; July 2, 1864 º
February 9, 1853; July 25, 1866.
July 10, 1852. (See Saint Louis
and S m Francisco.)
February 9, 1853; July 4, 1866;
July 28, 1866.
March 3, 1863; July 1, 1864;
July 25, 1866; July 26, 1866.
July 2, 1864; Joint Res., May
31, 1870
May 5, 1864; July 13, 1866.
(See Saint Paul and Duluth.)
March 3, 1857; March 3, 1871.
March 3, 1857; Joint Res., July
12, 1862; March 3, 1865; July
13, 1866; March 3, 1871.
July 25, 1866
May 4, 1870 - - - - - -
June 10, 1852.
Pacific.)
Jnly 27, 1866
May 5, 1864; July 13, 1866-----
March 3, 1857; March 3, 1865;
July 13, 1866.
March 3, 1857; Joint Res.,
July 13, 1862; March 3, 1865;
July 13, 1866; March 3, 1871.
• * * * * * * * * * - - - - ºn s
a. In States.
b In Territories.
c All lands sold for $800,000 to the Iowa Railroad Land Company on September 15, 1869.
d Of this quantity 317,061.26 acres were cºnveyed for purchase of the first 105 miles or road.
e See Saint Louis, Iron Mountain and Southern.
LAND SALES BY LAND-GRANT RAILROADS, 1882.
785
land-grant railroads to November 1, 1882.
{} &- CD Q e
§ # tº g £5 Total sales of land.
#3 |#3 3% o Ho
ÉÉ | ## ää * 3
‘s ` © q> # & †:
* * ā’ā † 3 ##3 Date. Acres. Amount.
3"; sº 5 § 2 & T.
ää #3 # * ääg
24 24 º 24
200,
1,755.70 { ...]; 49,244,803.26 23,037. 36 |--------------|-----------------|----------------
470. 58 10 3,005, 870 2,745,938.47
190. 50 20 2,441, 600 2,373,290.77 | No report ---|-----------------|----------------
737. 50 20 7, 997,600 721,434.68)|June 30, 1882 | 1,031, 199.21 5,834, 305°
123. 16 || 20 1, 100,000 446, 230.65 U"--------------|-----------------|----------------
291. 00 || 20 3,724, 800 1,337,919. 12 ſ!.-------------|-----------------|----------------
934.70 ------|------------------|---------------- See Southern I.----------------|----------------
Pacific.
279. 00 6 948, 643 388,697.35 | No report ---|-----------------|----------------
110.00 | 10 | 179,706.01 |
167. 05 || 10 3, 462, 403 451,845. 43X | Dec. 31, 1881 | Not reported. --|------...--------.
150.00 10 | 322,090. 19 j
75. 00 || 10 j U 312,770. 27
- tº e º s sº * * * * * * 6 |------------------ 545, 575. 76 | Notreported -----------------|----------------
271. 60 || 6 1,298,730 1,142, 120. 13 | Not * in I.----------------|----------------
report.
323. 22 || 10 1, 852,989 d1,668,787. 90 June 30, 1881 668,384.23 1,424.574 71
121. 27 | 10 1, 199,849.07 | 1, 146,306. 56
122. 35 | 10 551, 148.57 407,910.21 × .------------- Not reported.---|----------------
177, 50 10 999,983.38 802, 816. 89
42. 50 | 10 1,408,452. 69 843,497. 56
317. 00 || 6 1, 261, 181 643, 147.17 [...-------------|- ---do ----------|----------------
###| || 781,944.83 § ; : * - - - - e º se e s - - - w i s --do ----------|----------------
142. 6 550, 467. ... 6
##| ||} 1,226,163.05 } ####|June 30, 1882 589.285", 3,742,298 as
165. 16 10 1,009, 296.34 916, 740. 35 |....... ------- Not reported. --|----------------
133.00 | 10 804, 185.80 140,955.04 ||-------------. - - - - C10 - - - - - - - - - - - - - - - - - - - - - - - - - -
100. 00 20 245, 166 189,447.99 |....... --..... ----do ----------|----------------
(e) |------|------------------ 1, 319, 196.05 |.-------------|-----------------|----------------
37. 00 || 6 1, 161,235. 07 J728,949.36 ||--------------|-----------------|----------------
514.00 | 10 4, 106,647.30 63,294.17 | ---...--...--. Not reported. --|----------------
183. 20 || 10 1, 520,000 984, 105.96 ...... . . . . . . . .]- ---do ----------|------------- tº º &
200, 746, 509. 52
} 2,317.00 : 40b
42,000,000 646, 958.49 } June 30, 1882 3, 294,961.98 || 13,108,835 28
5 1,251,046. 14
; as to $
0
200. 00 | 20 3,840, 000 322,062.40 Dec. 31, 1881 99, 647.93 309,486 45
47. 50 | 10 100,000 | None -----------|--------------|-----------------|----------------
37. 00 6 See Missouri
; * - - - - - * * * * - - - - - s 936, 169. a} Pacific No. ; • * * * * * = • e s • * * * * | * * * * * * * * * * * * * * * *
203. 00 || 6 29.
156. 00 || 10
} 920, 000 860, 564. 09 June 30, 1882 | Not given...... 909,011 27
13.00 10
387. 00 10 4,723,638. 95 2,425,376. 17 | No report. --|-----------------|----------------


J. See Saint Louis and San Francisco, No 38.
Duluth to Thomson
cific and Saint Paul and Duluth Railroad Companies. &
h The Northern Pacific Railroad Company has the perpetual right of way from Saint Paul to Sauk
Rapids (75% miles) over this road. '
50 L O—WOL III
(24 miles) is owned jointly, but operated independently by the Northern Pa-
786 LAND SALES BY LAND-GRANT RAILROADS, 1882.
Operations of the land departments of
Name of company now operating. Name of railroad aided. Date of *::::::::ess mak-
43 | Sioux City and Pacific ----...----. Sioux City and Pacifica.----. July 1, 1862; July 2, 1862.-----
44 | Southern Pacific.---------...-----. sº sºme (Northern July 27, 1866; March 3, 1871---
ivision).
45 ||------ do -------------------------- Southern Pacific (Southern |...... do -----------------------
Division).
46 | Texas and Pacific................. Texas Pacific. --...--------. March 3, 1871. ---------...----
47 l.----. do --------------------------- North Louisiana and Texas. June 3, 1856--------------...--.
48 Union Pacific. ---------...----. --. Union Pacific--------------. July 1, 1862; July 2, 1864.-----
49 |------ do --------------------------- Kansas Pacific -------------|------ do -----------------------
50 ! ----. do --------------------------- Denver Pacific. --...--...---- Jº 1, 1862; July 2, 1864;
arch 3, 1869.
51 1------ do -------------------------- sº Joseph and Denver July 23, 1866. ----------------.
IºW,
52 | Wisconsin Central ................ Pºe. Winnebago and | May 5, 1864 ......... ----------
Lake Superior.
a All lands, lots, and land assets of this road were sold April 15, 1875, to the Missouri Valley Land
Company for $200,000.
LAND SALES BY LAND-GRANT RAILROADS, 1882.
787
land-grant railroads to November 1, 1882—Continued.
B. # . 's 33 Total sales of land
8 : §§ 5– 5- P. OU3, SalòS Of 18,110.
§ 3 ; ; ; .5"; o Hº
# 3 3 & 5: & c
ă ş … § = 3 tº- +”
C++ 5- °rd
3 * ...g ºf bo 35 ci
§ §º # 3 § 33 Date. Acres. Amount.
3"; * 8 § 3 --> 33 rºi
§ $4 $–4 wrºt 8 § cº -
E 9 5 3. # * E ºdºo
2. 2. º 24
101.77 10) 41, 318.23 41, 398,23 Apr. 15, 1875 41, 318.23 $200,000 00
934. 70 20 \,, 11,964, 160 1, 142,642.46 June 30, 1882 550, 572. 38 2,540,803 57
10b
870. 00 : 20c] ; ---------------- None .-------. { * - - - - - - º ºs º ºs º- - - No report------|----------------
- & Gº tº - - - - * * * * 6 610,880 353,212.68
1, 038.68 20 | 12,000, 000 1,953, 883.08
638. 60 | 20 6,000,000 917, 520.70
106. 00 20 1, 100,000 86,236, 73}| June 30, 1882 || 4,317, 959.55 | 19, 312,441 88
227.00 20 1,700,000 e 462, 373. 24
256. 37 10 1,800,000 575,644. 56 |-----...-...--. Not reported.---|---------. tº tº sº ºn tº º
178,952,688. 54 35, 658, 369.17
b In States.


c. In Territories.
OFFICE COMMISSIONER OF RAILROAD ACCOUNTS, November 1, 1882.-
788 LAND'S GRANTED RAILROADS.
LANDS GRANTED RAILROADS—LANDS PATENTED TO CERTAIN RAILROAD
COMPANIES-RAILROADS NOT COMPLETED IN TIME FIXED BY LAW.
The three following communications from pages 789 to 873 from the Commissioner of
the General Land Office in response to congressional inquiries being subjects of vital
and present interest, and containing a mass of most interesting and useful statistics
and information, are given in full.
A letter from the Commissioner to the Secretary of the Interior of date March 28,
1882, in relation to resolution of House of Representatives of January 9, 1882, as to
lands granted railroads. (See pages 789 to 823.)
A letter from the Secretary of the Interior of date December 29, 1882, in answer to
resolution of House of Representatives passed December 14, 1882, as to land patents
to certain railroad companies. (See pages 824 to 860.)
A letter from the Secretary of the Interior of date January 13, 1883, in answer to
letter of Hon. T. C. Pound, chairman Committee on Public Lands, House of Represent-
atives, as to certain land-grant railroads not completed within the period fixed by
law. (See pages 861 to 873.)
LAND-GRANT RAILROADS- OFFICIAL REPORTS AND LETTERS.
Additional information is also inserted relating to land-grant railroads as follows:
A letter from the Secretary of the Interior transmitting to the Congress information
in relation to a certain decision of the Commissioner of the General Land Office and
the opinion of the Attorney-General relating to the Northern Pacific Railroad of date
January 19, 1882. (See pages 874 to 879.) G
Also one of like purport dated February 2, 1882. (See page 879.)
Report No. 1283, Part 1, of the House Committee on the Judiciary, in relation to
the Northern Pacific Railroad, dated June 6, 1882. (See page 880.)
Report No. 1283, Part 2, of Mr. Payson of the House Committee on the Judiciary,
submitting the views of the minority of said committee as to the Northern Pacific
Railroad, dated July 24, 1882. (See page 882.)
Report No. 1803 of the House Committee on the Judiciary in relation to the Texas
and Pacific Railroad land grant, dated August 3, 1882, together with the views of the
minority of the committee. (See page 892.)
Report No. 1284 from the House Committee on the Judiciary in relation to railroad
land grants to certain States and recommending their forfeiture, dated June 6, 1882.
(See page 895.) -
Letter from the Secretary of the Interior in relation to alleged excess in certifica-
tion of lands to certain railroad companies, dated July 10, 1882. (See page b08.)
Report No. 906 from the Senate Committee on the Judiciary reporting a bill (S. No.
2301), providing a method of forfeiting railroad land grants, dated January 2, 1883.
(See page 908.)
A letter from the Auditor of Railroad Accounts to the Hon. R. M. McLane, relative
to land grants to Pacific railroads, February 7, 1880, and amount of bond subsidies.
(See pages 911 to 935.)
Letter and decision of Secretary of the Interior of July 11, 1883, as to indemnity
lands of Northern Pacific Railroad, and letter and circular of General Land Office of
May 22, 1883. (See page 891.)
A letter from the Secretary of the Interior to the House dated February 27, 1883,
giving information in relation to telegraph lines along land-grant railroads. (See
page 910.) -
LANDS GRANTED RAILROADS. 789,
LAND'S GRANTED RAILROADS.
For areas certified or patented to June 30, 1883, 8ee pages 756 et seq., and report for 1883,.
Commissioner General Land Office.
[H. Ex. Doc. 144, Forty-seventh Congress, first Session.]
Letter from the Secretary of the Interior, in response to a resolution of the House of Repre-
sentatives, February 9, 1882, relative to lands granted by the Government to certain rail-
Toads. #
DEPARTMENT OF THE INTERIOR,
Washington, March 28, 1882.
SIR: In answer to House resolution of the 9th ultimo, calling on me for information
concerning land-grant railroads, I have the honor to transmit here with report on the
subject, under date of yesterday, by the Commissioner of the General Land Office, to
whom the resolution was referred. This report gives the material information called
for, so far as it can be obtained from the records of this Department, as I am advised
by the Commissioner of the General Land Office.
Very respectfully, -
S. J. KIRKWOOD,
º Secretary.
The SPEAKER
of the House of Representatives.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., March 27, 1882.
SIR: I have the honor to acknowledge the receipt on the 11th ultimo, by reference
from the Department on the 10th, for report, of a resolution of the House of Representa-
tives, passed the 9th ultimo, as follows:
“Resolved, That the Secretary of the Interior be requested to inform the House, at
his earliest convenience, the names of all the railroad companies to which the Govern-
ment has granted lands to aid in the construction of their railroads, and the names of
all States and railroad companies where grants of public lands have been made by
the Government to said States for the benefit of said railroad companies in the con-
struction of their railroads, which have not completed their said roads within the
time provided by law ; the amount of land embraced in each grant, and the amount
disposed of by each of said railroad companies and States, and the dates of all acts
of Congress relating to each of said grants, and the number of miles of each of said
railroads completed under and pursuant to the acts making each grant, as well as
the number of miles of each remaining uncompleted at the date at which said acts
required the completion of the same; and he is also requested to give the name of
each of said railroad companies and States which are required by law to reimburse
the Government for moneys expended by it in the surveying, selecting, or conveying
said lands comprised within each of their said grants, and what amount; and also
what amount, if any, is now due from each of said companies and States by way of
reimbursement for the cost of said surveying, selecting, and conveying said lands,
stating the amount in full by debit and credit on said indebtedness.”
The States and corporations to which grants have been made, for the benefit of roads
which have not been constructed, in whole or in part, within the time required by
the granting acts, and which I understand to fall within the terms of the inquiry, are
specified in the accompanying tabular statement marked A. Said statement also
shows the several acts making grants and increasing same, together with the acts
granting an extension of time for the completion of several of the roads; the date when
each road should have been completed; the date when (if at all) each road was com-
pleted; the length in miles of each road as definitely located or proposed; the number
of miles completed within the period required by the granting act; the number of
miles completed after such period; the number of miles uncompleted at the time when
the road should have been completed, and the number of miles now uncompleted.
Said statement also shows the number of sections “in place” granted for each mile
of road; and grants “to the amount of” a certain number of sections per mile; also
the number of acres certified, approved, or patented to each State or corporation.
Unless otherwise indicated, the number of acres given in the column headed “ap-
proximate estimate of the number of acres so granted,” is the result obtained by mul-
tiplying the number of acres granted per mile (allowing 640 acres to each section) by
the number of miles of located road.
790 LANDS GRANTED RAILROADS.
No deductions whatever, unless expressed, are made for lands that may be situated
in limits common to two or more roads. Neither does the statement show the cases
where it would be impossible to find sufficient land within the limits of a grant to
satisfy it, as such fact could not be clearly demonstrated except by adjusting such
grant tract by tract, which it is not possible to do for reasons hereinafter stated. The
resolution asks the amount of land embraced in each grant. Such amount cannot be
stated specifically. At the beginning it was held that the grants to States to aid in
the construction of roads were present grants, and it was believed by the Department
that the duty of “disposal” was properly in the States charged with executing the
trusts. Accordingly, in all the earlier grants, immediately upon the location of the
roads and determination of the limits of the grants, this office and the Department
certified, in whole, to the States, the lands to which companies would ultimately have
been entitled, had the roads been completed as required; and, in some cases, even in
excess of that amount. * This certification was on the theory that the grants were of
absolute quantity, restricted only by certain lateral limits; that is, that the States
were entitled to “indemnity” for lands lost, for any reason, in the granted limits, to
the extent of such loss, provided only that the quantity of the grants could be found
available within the limits to which they were restricted.
The Supreme Court of the United States (October term, 1875), in the case of the
Leavenworth, Lawrence and Galveston Railroad Company vs. The United States (2
Otto, 733), decided, in effect, that grants would be entitled to indemnity only for lands
in granted limits lost to them between the date of the granting acts and the definite
location of the roads. Following this rule, it would, of course, be necessary in deter-
mining the actual quantity of any grant to examine tract by tract the lands in the
granted limits, and ascertain what lands were lost prior to the date of the grant, and
from that date up to the definite location of the road, thus ascertaining the amount
to be made up from the indemnity limits to adjust the grant.
This rule was modified by your predecessor October 16, 1880, following the opinion
of the Attorney-General, dated June 5, 1880, in the case of the Western Railroad of
Minnesota, wherein it was held and decided that properly construed such grants would
be entitled to indemnity for lands lost in the granted limits, either before or after the
granting act and up to the definite location of the roads, excepting only reserved lands.
It was also held and decided that such grants were not of absolute quantity, like
the Pacific railroad grants, but were grants in place, to the amount of whatever
might be the actual area of the granted sections for so many sections in width,
whether such sections were full or fractional and contained more or less land (see
pages 158 to 163, inclusive, annual report of this office, for 1881). This modified rule
would still require the detailed examination of grants above suggested, and it would
not have been practicable to have accomplished the same up to the present time as
to more than a few grants.
Some grants were under examination under the rule, when, in connection with the
grant to Minnesota, for the Saint Paul, Minneapolis and Manitoba Railroad (formerly
the Saint Paul and Pacific, Saint Vincent extension), the whole question as to what
losses would entitle the State to indemnity was presented to and taken under consid-
eration by you. I have not been informed of your decision in the matter, and am
therefore not in a position to determine the exact number of acres granted were it
practicable to do so in time for this report. For this reason, and after consultation
with you, I have, in the accompanying table, unless otherwise indicated, estimated
the quantity granted as if the grant were full and the company entitled to that
quantity.
As a matter of fact many of the grants could not receive so much, for the reason
that there is not available within the prescribed limits enough land to satisfy them.
Where grants are made “to the amount of" a certain number of sections per mile,
such amount is stated in the column headed “Estimated quantity of land (in acres)
embraced in the limits of the grant,” and is produced, unless otherwise stated, by
lºying the number of acres granted per mile by the number of miles of road
OC3,5001.
The resolution asks the amount of land disposed of by each company and State.
This office has no information whatever on the subject. The disposition of the lands
by States and companies, after their certification or patenting by the United States,
is not a matter of record in the Department.
The grants to States and corporations which are included in the tabular statement
here with are more particularly described, and the status of each road, to aid in the
construction of which the grants were made, more clearly shown in the following
detailed statement:
GULF AND SHIP ISLAND.
Under the act of August 11, 1856, a grant of six sections of land per mile was made
to the State of Mississippi for a road from “Brandon to the Gulf of Mexico.” Pro-
vision was made in the act for sale by the State of the lands granted, the quantity
LANDS GRANTED RAILROADS. v. 791
sold to be proportionate to the miles of road constructed from time to time, except in
the case of the sale of the first one hundred and twenty sections, which could be sold
in advance of the construction of any portion of the road. It was also provided that
if the road was not completed within ten years the lands unsold should revert to the
United States.
On August 15, 1856, prior to location of the road, the lands falling within the prob-
able limits of the road were withdrawn from sale or location by Notice 567. A map of
definite location of the road was filed in this office November 27, 1860. No lands have
been approved to the State for said road, neither has any portion of the road been con-
structed. The reservation of lands for the road ceased on August 11, 1866.
The same act provides for a road from
TUSCALOOSA TO MOBILE RAILROAD.
within the State of Mississippi, granting for said purpose the same quantity of land
and in the same manner, upon the same limitations and restrictions in every respect,
as in the case of the Gulf and Ship Island Road. The withdrawal from sale or location
of lands falling within the probable limits of the road was made August 15, 1856, by
Notice 567. No map of location has been filed, neither has any portion of the road
been constructed. No lands have been approved to the State of Mississippi for said
road. The reservation of lands for the road ceased on August 11, 1866.
A like grant was made by section 6 of the same act (August 11, 1856) to the States of
Alabama, Mississippi, and Louisiana, to aid in constructing a road from
MOBILE TO NEW ORLEANS.
The withdrawal of lands for this road was made August 15, 1856, by Notice 557. No
map of location has been filed. No portion of the road has been constructed. Nolands
have been approved to either of the States named for the benefit of said road. The
reservation of lands for the road ceased August 11, 1866.
RAILROADS IN ALABAMA,
The act of June 3, 1856, granted to the State of Alabama, for the purpose of aiding in
the construction of certain railroads named below, every alternate section of land desig-
nated by odd numbers for six sections in width on each side of each of said roads.
The act provides indemnity for lands within the limits of the grant, sold or pre-
empted prior to the definite location of each road. It also provides that the lands
granted to the State “shall be subject to the disposal of the legislature thereof for the
purposes aforesaid and no other.” Section 4 of the act provides— * g
“That the lands hereby granted to said State shall be disposed of by said State only
in the manner following, that is to say: That a quantity of land, not exceeding one
hundred and twenty sections for each of said roads, and included within a continuous
length of twenty miles of each of said roads, may be sold; and when the governor of
said State shall certify to the Secretary of the Interior that any twenty continuous
miles of any of said roads is completed then another quantity of land hereby granted,
not to exceed one hundred and twenty sections for each of said roads having twenty
continuous miles completed as aforesaid, and included within a continuous length of
twenty miles of each of said roads, may be sold ; and So, from time to time, until said
roads are completed; and if any of said roads is not completed within ten years, no
further sale shall be made, and the lands unsold shall revert to the United States.”
The lands falling within the probable limits of the several roads provided for in
the act were withdrawn from sale or location by Notice 565, June 21, 1856. The fol-
lowing railroads were provided for in said act:
COOSA AND TENNESSEE.
This road was authorized by that portion of the act which provided for a railroad
“from the Tennessee River at or near Gunter's landing, to Gadsden, on the Coosa
River.” A map of definite location, showing 36% miles, was filed in this office, January
18, 1859. Under the provisions of said section, 67,784.96 acres of land were approved
June 27, 1860, to the State of Alabama for the benefit of the said railroad. (See Rail-
road Land Company vs. Courtright, 21 Wall., 310, as to patent for 120 sections.)
Whether said lands were transferred to the company by the State is not known by this
office. No portion of the road has been constructed. The lands withdrawn and not
approved to the road have not been restored to market, as they are within the limits
of the withdrawal for the Wills Valley (now Alabama and Chattanooga) Railroad, the
grant for which is not fully adjusted.
792 LAND'S GRANTED RAILROADS.
COOSA AND CHAT TOOGA.
This road was authorized by that portion of the act which provided for a railroad
from “Gadsden to connect with the Georgia and Tennessee and Tennessee line of rail-
roads, through Chattooga, Wills, and Lookout Valleys,” to be completed within ten
years. The Coosa and Chattooga Railroad Company was organized under said act,
and filed in this office, September 20, 1858, a map of definite location of a railroad
from Gadsden, on the Coosa River, through the Chattooga Valley east of Lookout
Mountain, to the Georgia State line, a distance of about 373 miles. No portion of the
road has been constructed. The lands withdrawn have not been restored to market,
as they lie within the limits of the Wills Valley (now Alabama and Chattanooga)
Railroad, the grant for which is not fully adjusted.
(NOTE.-Both the Wills Valley Railroad Company and the Coosa and Chattooga
Railroad Company were organized under the grant above named, the Wills Valley
Company locating [and building] through the Wills and Lookout Valleys, and the
Coosa and Chattooga Railroad Company through the Chattooga Valley. The grant
was conferred on the Wills Valley Railroad Company by a joint resolution of the leg-
islature of Alabama, approved January 30, 1858.)
ELYTON AND BEARD's BLUFF.
This road was authorized by that portion of the act which provided for a railroad
“from Elyton to the Tennessee River, at or near Beard's Bluff, Alabama.” No map
of location has been filed, neither has any portion of the road been constructed. The
reservation of lands for the benefit of this road ceased June 3, 1866, the date of the
expiration of the grant. It is not known to this office that any corporation or com-
pany organized under the act ever existed.
MEMPHIS AND CHARLESTON.
This road was authorized by that portion of the. act which provided for “the
Memphis and Charleston Railroad, extending from Memphis, on the Mississippi River,
in Tennessee, to Stevenson, on the Nashville and Chattanooga Railroad, in Alabama.”
The State of Alabama refused to accept the grant for said road, and the lands with-
drawn were restored to market, by Notice 595, February 19, 1858.
MOBILE AND GIRARD.
This road was authorized by that portion of the act providing for a road from
“Girard to Mobile, Ala.” A map of definite location of the road from Girard to
Blakely, Alabama, on Mobile Bay, a distance of 228.6 miles, was filed in this office on
the 1st of June, 1858. Under the construction of the act as held by this Department
until October, 1875, and hereinbefore referred to, there were nine lists of land, aggre-
gating 504,145.86 acres, approved to the State of Alabama for the benefit of said road,
between April 26, 1860, and January 3, 1861, inclusive. There is no evidence on file
in this office, or in the Department, of the construction of any portion of said road,
yet it is known unofficially that a railroad has been constructed and is in operation
from Girard to Troy, a distance of 84 miles, on the line (or very nearly so) of definite
location. It was held by this office, January 15, 1874, by Commissioner Drummond,
that if any portion of the road had been constructed in time, it would, upon a proper
showing to that effect, be entitled to an amount proportionate to the number of miles
so constructed. Under this theory the road would, upon proper evidence of the con-
struction of 84 miles of road, be entitled to 322,560 acres of land, but there had been
(as before stated) 504,145.86 acres, or an excess of 181,585.86 acres, approved to the
State for this road in 1860–61.
Commissioner Drummond recommended the restoration to entry, by formal revoca-
tion on the part of Congress, of the portions of the grant not earned. No restora-
tion of such lands, however, has yet been made by Congress, nor has any restoration
been attempted, or declaration of forfeiture made in the case of any similar grant,
by this office or the Department, because of the decision by the Supreme Court of the
United States, October, 1874, in the case of Schulenberg w8. Harriman (21 Wallace,
44), where the conclusion was reached that acts of Congress containing provisions
and restrictions such as are found in the act of June 3, 1856, import a present grant
to the extent of passing over to the State the legal title to the odd sections desig-
nated; that a provision— &
“That all lands remaining unsold after ten years shall revert to the United States if
the road be not then completed, is no more than a provision that the grant shall be
void if a condition subsequent be not performed; * * * [that] it is settled law
that no one can take advantage of the non-performance of a condition subsequent
LANDS GRANTED RAILROADS. 793
annexed to an estate in fee but the grantor or his heirs, or the successors of the
grantor if the grant proceed from an artificial person; and if they do not see fit to
assert their right to enforce a forfeiture on that ground, the title remains unimpaired
in the grantee. * * * In what manner the reserved right of the grantor for breach
of the condition must be asserted so as to restore the estate, depends upon the character
of the grant. If it be a private grant, that right must be asserted by entry or its
equivalent. If the grant be a public one, it must be asserted by judicial proceedings
authorized by law, * * * or there must be some legislative assertion of owner-
ship of the property for breach of the cohdition, such as an act directing the pos-
session and appropriation of the property, or that it be offered for sale or settle-
ment.
Upon the question of sales by the State after failure to complete the road within
the statutory period, the court says:
“The provision in the act of Congress of 1856, that all lands remaining unsold after
ten years shall revert to the United States if the road be not then completed, is no
more thall a provision that the grant shall be void if a condition subsequent be not
performed. * * * The prohibition against further sales if the road be not com-
pleted within the period prescribed adds nothing to the force of the provision. A
cessation of sales in that event is implied in the condition that the lands shall then
revert ; if the condition be not enforced, the power to sell continues as before its
i. limited only by the objects of the grant and the manner of sale prescribed in
the act.
It was also held in said decision that where no action had been taken by legislative
or judicial proceedings to enforce a forfeiture of the estate granted by the act of 1856,
the title remains—
“In the State as completely as it existed on the day when the title by location of
the route of the railroad acquired precision and became attached to the adjoining
alternate sections.”
SELMA, ROME AND DALTON, FORMERLY ALABAMA AND TENNESSEE.
This road was authorized by that portion of the act which provided for the “Coosa
and Alabama Railroad, from Selma to Gadsden.” A map of definite location of the
line of route from Selma, via Calera, Rome, Talladega, and Jacksonville, to Gadsden,
a distance of 167.35 miles, was filed in this office March 27, 1858. The line of route,
*gh indirect and tortuous, was approved by the Secretary of the Interior May
5, 1858.
On the 8th of June, 1859, a certificate of the governor of Alabama, dated June 4,
1859, was filed in this office, showing the construction of 100 miles of the road from
Selma, north. No further evidence of construction was received in this office until
February 13, 1869, when a certificate was filed in this office by the governor of Ala-
bama, dated January 13, 1869, showing the construction of a railroad from Selma, by
way of Montrevalle, Columbia, Talladega, and Jacksonville, and thence to the
Georgia State line, a distance of 171,754 miles. -
The road as constructed did not follow the line of location beyond Jacksonville,
neither was it ever completed to Gadsden, the line built running northeast from
Jacksonville to the Georgia State line, instead of running from Jacksonville north-
west to Gadsden, leaving 23.42 miles (from Jacksonville to Gadsden) of the located
line unconstructed. It will be observed that only 100 miles of the road were con-
structed within the period required by law, 143.93 miles were constructed upon the
located line (43.93 miles being constructed after the time required by law), and had
so much of the road been constructed within the proper period it would have been
entitled to 552,691 acres, provided there was that quantity of vacant lands within
the limits of its grant.
On May 24, 1859, and May 7, 1860, there were selections of land aggregatin
440,700.16 acres, approved to the State of Alabama for the benefit of this road, an
a portion of the lands so approved lie opposite the 23.42 miles of unconstructed road.
The act of May 23, 1872, confirmed to the State of Alabama for the sole use and
benefit of the Selma, Rome and Dalton Railroad Company, the successors of the Ala-
bama and Tennessee Railroad Company, all the lands previously certified to the said
State for the benefit of the last-named company. Since the passage of said act, but
16,515.21 acres have been approved (May 19, 1875) to the State for the benefit of said
road (Selma, Rome, and Dalton). The grant has not been adjusted, and the vacant
odd sections within the limits of the grant are still withdrawn for the benefit of the
road.
SAVANNAH AND ALBANY.
The seventh section of the act of March 3, 1857, granted to the State of Alabama
for the purpose of aiding in the construction of a railroad
“From the line of Georgia on the Chattahoochee River to the City of Mobile, Ala-
794 LAND'S GRANTED RAILROADS.
bama, * * * alternate sections of the public lands to the same extent and in the
same manner, and upon the same limitations and restrictions in every respect, as was
granted to aid in the construction of other railroads.
Under the act of June 3, 1856, above referred to, granting lands to the State of
Alabama, April 21, 1857, the lands falling within the probable limits of the road were
withdrawn from sale or location. No map of location was filed, and no portion of the
road was ever constructed. The reservation of lands for said road ceased March 3,
1867. -
RAILROADS IN FLORIDA.
The act of May 17, 1856, granted to the State of Florida, to aid in the construction
of certain railroads in said State, every alternate section of land designated by odd
numbers, for six sections in width on each side of such roads. The provisions in said
act for indemnity, for disposition of the lands by the legislature of said State, for the
sale of such lands, and for the reversion of the unsold lands to the United States, in
the event of failure to complete the roads within ten years, are identical with those
contained in the act of June 3, 1856, above quoted, granting lands to the State of
Alabama. The following described railroads are provided for by the act (May 17,
1856):
ATLANTIC, GULF, AND WEST INDIA TRANSIT, FORMERLY FLORIDA RAILROAD.
This road was authorized by that portion of the act which provides for a road
“from Amelia Island, on the Atlantic, to the waters of Tampa Bay, with a branch to
Cedar Key on the Gulf of Mexico.” The lands falling within the probable limits of
the road (main line and branch) were withdrawn from sale and location, by telegram, .
on the 17th May, 1856, and by Notice 568, September 9, 1856. On the 22d September,
1857, a map of definite location of that portion of the road from Fernandina to Cedar
Keys, 155 miles in length, was filed in this offiee. Eighty-four miles of the road so
located was on the main line, and 71 miles (from Waldo to Cedar Keys) was the branch
line complete. The whole of said 155 miles was completed in 1860, entitling the State
to, say, 595,200 acres for the benefit of the road. Up to the present time but 290,183.28
acres have been approved to the State under this grant. Said lands were approved
prior to January 7, 1860.
The reservation of lands on that part of the main line from Waldo to Tampa Bay,
150 miles in length, was not respected by this office after May 17,1866, entries being
permitted of all lands (unless otherwise reserved) outside and south of the 15-mile
indemnity limits of the constructed portion of the road. Under date of Decem-
ber 7, 1875, the president of the company, Mr. Yulee, transmitted a map showing
the proposed route of the main line from Waldo to Tampa, and asked that the
lands along the said line and within the limits prescribed by the act of May 17, 1856,
be withdrawn for the benefit of the road. The map and accompanying papers were
submitted to Secretary Chandler, who declined to receive or approve the map, and
directed, by letter of April 27, 1876, that it be returned to Mr. Yulee. Secretary
Chandler says in said letter that he does not question the principle established in the
case of Schulenberg v8. Harriman; that the title which vested in the State by the
rant and definite location of the road thereunder could not be divested by the mere
ailure to complete the road so located within the time fixed by the act, but that he
finds nothing in that case to sustain the doctrine that the State retains the right for
an indefinite period and long after the date fixed for the completion of the road to
designate its route and thus give effect to the grant. He also held that failure to
Vocate the road before the time fixed for the completion of the road should be regarded
as evidence of abandonment of the grant.
On October 29, 1879, the company, through its attorney, filed in this office the map
rejected by Secretary Chandler, and asked that it might, together with new and ma-
terial evidence bearing upon the original location of the road, which accompanied it
(the map), be submitted to the then Secretary of the Interior (Schurz) for review.
On the 10th of November, 1879, the map, evidence, and application for review were
submitted to the Secretary. The evidence submitted showed conclusively that a map
of definite location of the road from Waldo to Tampa was filed in this office by the
engineer of the company December 14, 1860; which map being returned to him Janu-
ary 22, 1861, for the procurement of the governor's certificate, was lost or mislaid;
and that the last map presented was a duplicate of the original map of definite loca-
tion.
Secretary Schurz, after due consideration of the facts presented, held in effect that
the return of the map as above related was unnecessary; that it should have been
accepted by this office, as it was undoubtedly recognized by the officers of the com-
pany, and by the State authorities, as the definite location of the road; and that the
map was filed in the same manner as the surveys of previous portions of the line had
been filed in the office of the secretary of state of Florida. The Secretary therefore
LAND'S GRANTED RAILROADS. 795
approved the map and directed that the necessary withdrawal of lands be made to
protect the rights of the company and secure the proper adjustment of the grant upon
the line designated. Such withdrawal was ordered by this office and took effect
March 26, 1881. It may be proper to state in this connection that the company have
filed a formal waiver of all claims to lands within the limits of the road occupied by
boma fide settlers at the date of said withdrawal. Upon the question of certifying
lands to the State under the grant, the Secretary decided that the lands could be
legally certified, referring to the case of Schulenberg v8. Harriman hereinbefore quoted,
opinions of Attorney-General, November 29, 1879, case of Southern Minnesota Rail-
road Company, and October 26, 1880, case of Atlantic and Pacific Railroad Company.
The governor of Florida, under date of July 16, 1881, certifies to the completion of
44.88 miles of road from Waldo to Ocala.
PENSACOLA AND GEORGIA.
This road was authorized by that portion of the act which provides for a railroad
“from Saint John’s River at Jacksonville to the waters of Escambia Bay, at or near
Pensacola.” -
The Pensacola and Georgia Railroad Company was organized to construct that por-
tion of the road running from Lake City to Pensacola, and the grant for that portion
of the road conferred upon them by the State. Said company filed maps of definite
location for said portion, which covered about 307 miles of road, prior to May 30, 1858,
The lands falling within the probable limits of this road were withdrawn by telegram
and letter of May 17, 1856, and May 23, 1856, by Notice 558.
No evidence of the construction of any portion of this road has been filed in this
office, but the road is believed to be constructed and in operation from Lake City to
Chattahoochee River, a distance of, say, 150 miles. Had the whole length of road
located (307 miles) been constructed the State would have been entitled to 1,178,880
acres of land, provided so much vacant and unappropriated land could have been
found within the limits of the grant. Prior to October 30, 1860, 1,275,579.52 acres were
approved to the State for the benefit of this road. It will be observed that said
amount exceeds, by 96,779.52 acres, the entire amount that the State would have been
entitled to had the whole length of road (307 miles) been constructed; also, that it
exceeds by 699,579.52 acres the amount the State could properly receive and sell upon
evidence of the construction of 150 miles of road. It should be stated, however, that,
although the 1,275,579.52 acres lie opposite that portion of the road from Lake City
to Pensacola, which was to be constructed by the Pensacola and Georgia Railroad
Company, the whole quantity was approved to the State of Florida for the benefit of
the road “from Saint John’s River, at Jacksonville, to the waters of Escambia Bay,
at or near Pensacola.”
Whether the State conferred any portion of the said 1,275,579.52 acres upon the
Florida, Atlantic and Gulf Central Railroad Company (below referred to), which
constructed that portion of the road from Jacksonville to Lake City, is not known to
this office; but it is not probable that such action was taken, as the last-named road
would only be entitled to a portion of the indemnity lands so certified. The vacant
unapproved and unselected lands in odd sections within the limits of the withdrawal
for this road have not been restored to market for sale or entry.
FLORIDA, ATLANTIC AND GULF CENTRAL.
The company bearing the above name was authorized by the State to construct
that portion of the road “from Saint John's River at Jacksonville to the waters of
Escambia Bay, at or near Pensacola,” which was located from Jacksonville to Lake
City, a distance of 59 miles. Said road is believed to be constructed and in operation,
but no evidence to that effect is on file in this office or Department. The construction
of 59 miles of road within the proper period would entitle the State to 226,560 acres
of land. Prior to October 6, 1860, 29,384.18 acres were approved to the State for the
benefit of this road. No further approvals have been made for the benefit of said
road; neither have the unselected or unapproved vacant odd sections within the lim-
its of the grant been restored to sale or entry.
RAILROADS IN LOUISIANA .
VICKSBURG, SHREVEPORT AND TEXAS, NOW NORTH LOUISLANA AND TEXAS.
The grant of this road was by the act of June 3, 1856, and was to aid in the con-
struction of a railroad from the Texas line in the State of Louisiana, west of the
town of Greenwood, via Greenwood, Shreveport, and Monroe, to a point on the Mis-
sissippi River opposite Wicksburg. The lands granted were the alternate, odd-num-
bered sections, for six sections in width, on each side of said road; and in case the
796 LANDS GRANTED RAILROADS.
United States had, when the line of said road was definitely fixed, sold any sections
granted as aforesaid, or to which the right of pre-emption had attached, the State was
authorized to select from the lands nearest to the tiers of sections granted, but not
farther than 15 miles from the line of the road, so much land in alternate sections as
would be equal to the lands sold by the United States, or to which the right of pre-
emption had attached.
The road was definitely located from the Mississippi River, opposite Vicksburg, to
the Texas State line, a distance of 189 miles, in the year 1857. The act required that
the road should be completed within ten years. . On September 20, 1872, the governor
of Louisiana certified to the completion, within the time specified in the granting
act, of 94 miles of said road, to wit, 20 miles extending from the Texas State line to
the Red River, at Shreveport, and 74 miles from the Ouachita River, at Monroe, to
the Mississippi River, opposite Wicksburg. That portion of the line between Monroe
and Shreveport, 95 miles, has never been constructed.
On October 7, 1859, there were certified to the State for the benefit of the said road
353,212.68 acres, and on January 10, 1874, 100,652.76 acres (being a part of the lands
theretofore certified and lying opposite the constructed portion of the road) were re-
certified to the State.
All the vacant unselected and unapproved lands in odd sections within the limits
of the grant are still withdrawn or reserved for the benefit of said road. The com-
pany has recently filed in this office copies of affidavits to the effect that it is now
ºng with the construction of the uncompleted portion of its road as rapidly as
possible. -
By the same act as that making the grant for the Vicksburg, Shreveport and Texas
Road (act of June 3, 1856), a grant identical in its terms was also made to the State
of Louisiana to aid in the construction of a railroad from New Orleans to the State line,
in the direction of Jackson, Miss. This road was never definitely located or con-
structed. A withdrawal of lands for its benefit was ordered by letter from this office,
dated June 16, 1856.
By telegraphic dispatch, dated February 6, 1857, the governor of Louisiana advised
this office that he did not think the grant would be accepted. The restoration of the
lands which had been withdrawn was ordered July 27, 1857.
RAILROADS IN ARKANSAS.
LITTLE ROCK AND FORT SMITH.
The original grant for this road was by act of Congress approved February 9, 1853,
and embraced every alternate section of land designated by even numbers for six sec-
tions in width on each side of the road; and in case the United States had, when
the line of said road was definitely fixed, sold any section or part of section so granted,
or if the right of pre-emption had attached to any of said lands, then the State,
through its duly appointed agent or agents, was authorized to select from the lands most
contiguous to the lands granted, and within 15 miles from the line of the road, so much
land in the alternate sections as would be equal to the lands sold by the United States,
or to which the right of pre-emption had attached.
In pursuance of this act the road was definitely located from Little Rock to Fort
Smith in the year 1855.
The act required the completion of the road within ten years, to wit, by February
9, 1863. No portion of the road was constructed within the time required,
The act of July 28, 1866, reviving and extending the grant, granted all the alter-
nate odd-numbered sections and parts of Sections lying along the outer line of lands
theretofore granted, and within five miles on each side thereof, excepting lands re-
served or otherwise appropriated by law, or to which the right of pre-emption or
homestead settlement had attached, with the proviso that the additional quantity of
lands granted, when added to the lands theretofore granted, should not exceed ten
sections for each mile of railroad. It was provided that if the whole of said road
was not completed within ten years from the time when said act should take effect
the lands unpatented should revert to the United States. It was further provided
that the said act, so far as the same related to this road, should not take effect until
the Secretary of the Interior should make and file a certificate in his office and the
office of the secretary of state of Arkansas, stating that the said company had reor-
ganized its board of directors in a lawful manner, &c. -
The certificate of the Secretary of the Interior, as above required, was made and
filed May 13, 1867, on which date this office holds that the act, so far as it relates to
this road, took effect. The road, therefore, should have been completed by May 13,
1877.
The road was fully completed from Little Rock to a point on the Arkansas River,
opposite Fort Smith, prior to August, 1876, but as a small portion of the road (1.92
miles) was found to lie within the Indian Territory, the Department declined to accept
LANDS GRANTED RAILROADS. 797
such portion of the road. The Commissioner of Indian Affairs subsequently required
the company to remove their road from the Territory. In consequence of this action,
5.73 miles of the road were not completed within the time required by the act. This
section of 5.73 miles was accepted by the then Secretary of the Interior February 25,
1879. -
. This office has always considered and treated this road as having been constructed
in time.
On January 9, 1882, you approved two lists containing, respectively, 139,567.37
acres and 720 acres, which, added to the amount heretofore certified and patented,
would be sufficient to satisfy the grant. In view, however, of proposed legislation,
the land embraced in said lists has not been patented to the company.
IRON MOUNTAIN RAILROAD (IN ARKANSAS).
This grant was made by the second section of the act of July 4, 1866, for the pur-
pose of aiding in the construction of a railroad from the point where the Iron Mount-
ain Railroad intersects the southern boundary of Missouri to a point at or near the
town of Helena, Ark., and was of the alternate odd-numbered sections for ten sections
in width on each side of the road, with the right to indemnity for any lands, granted
as aforesaid, which had been sold or disposed of when the line of said road was defi-
nitely fixed; such indemnity lands to be selected from the alternate odd-numbered
sections not further than 20 miles from the line of the road.
The act required the completion of the road within five years from the 1st day of
July, 1866, or by July 1, 1871.
No portion of the road has ever been definitely located or constructed, nor has any
withdrawal of lands been made for its benefit. Consequently no estimate of the
number of acres embraced in the grant is submitted.
RAILROADS IN MISSOURI.
JRON MOUNTAIN, NOW SAINT LOUIS, IRON MOUNTAIN AND souTHERN.
i
The grant for this road was by act of Congress approved July 4, 1866, and was of
the alternate odd-numbered sections for ten sections in width on each side of the
road, with the right to indemnity for any lands so granted which had been sold or
disposed of by the United States when the line of the road was definitely fixed, such
indemnity to be selected from the lands of the United States nearest to the tiers of
sections granted as aforesaid and not more than twenty miles from the line of the
road.
The road was required to be constructed within five years from the first day of
July, 1866. Under this act the road was definitely located from Pilot Knob, Mo., to
the Arkansas State line, in the year 1867. -
In the month of January, 1871, the company applied to the Department for author-
ity to change the line of its road to a more westerly one.
By letter, dated February 27, 1871, addressed to Thomas Allen, president of the
company, the then Secretary of the Interior refused this application, holding that the
State and company were concluded by their own acts, and must be held to the origi-
nal line. On June 8, 1871, the governor of Missouri certified to the completion of
twenty consecutive miles of said road from Pilot Knob southwardly, toward the south-
ern boundary of the State. This section of twenty miles was accepted by the Depart-
ment June 19, 1871, and is the only part of said road which was completed within the
required period, so far as is known to this office.
In July, 1873, more than two years after the time for completing the road had ex-
pired, the company filed a map showing the line of its constructed road. This map
showed that the road had been constructed by the more westerly route, being the
one which the Department had theretofore refused to recognize.
In a letter, dated July 1, 1873, accompanying said map, Mr. Allen, the president of
the company, stated that the company claimed title to the lands granted along the
line designated on the map therewith filed, by virtue of the construction and comple-
tion of the road.
The road as represented on said map was never accepted by the Department, and
no action other than to place the map and letter on file has been taken in relation
thereto.
From Poplar Bluff, Mo., to the south boundary of the State, a distance of about
twenty miles, the road is identical with the Cairo and Fulton, now Saint Louis, Iron
Mountain and Southern Railroad Company’s constructed road, which company hav-
ing received the grant made to the State of Missouri by acts of February 9, 1853, and
July 28, 1866, filed on the 22d of January, 1875, a map of its constructed road in said
State. I am advised that the company (Iron Mountain) does not claim the lands
798 LAND'S GRANTED RAILROADS.
granted, and that it has applied to the War Department for relief from the obliga-
tions imposed by the granting act. As to these facts, however, this office has no offi-
cial information. No lands have been certified or patented to the company. Al-
though the company has not for the last eight or nine years asserted its claim to the
lands granted, the odd sections within ten miles and both the odd and even sections
outside of ten and within twenty miles of the line of its road as definitely located,
are withdrawn and reserved for its benefit. -
RAILROADS IN MICHIGAN.
DETROIT AND MILWAUREE AND PORT HURON AND MILWAUKEE.
The grant for these companies was by act of June 3, 1856, and was for a road from
Grand Haven to Flint and thence to Port Huron. The lands granted were the alter-
nate odd-numbered sections for six sections in width on each side of the road, and in
case when the line of said road was definitely fixed any of the lands granted as above
had been sold or disposed of the State was authorized to select in alternate sections,
and not further than, fifteen miles from the line of the road, so much land as would
be equal to the lands so sold or disposed of.
The act required the road to be completed within ten years.
That portion of the grant between Grand Haven and Owasso was conferred by the
State upon the Detroit and Milwaukee Railroad Company, and the portion between
Owasso and Port Huron upon the Port Huron and Milwaukee Company.
The Detroit and Milwaukee road was definitely located in 1858, and the Port Huron
and Milwaukee in 1857.
The grants were subsequently declared forfeited to the State, and were conferred
on the
PORT HURON AND LAKE MICHIGAN RAILROAD COMPANY.
The time for completing the road expired June 3, 1866.
On April 13, 1874, the governor of Michigan certified to the completion of 60 con-
tinuous miles of the Port Huron and Lake Michigan Railroad. This certificate, how-
ever, did not show the time of completion or the location of the portion completed.
I find, however, from certain papers on file, that the portion so completed lies be-
tween Lapeer and Port Huron. The road has evidently been fully completed from
Grand Haven to Port Huron, although no evidence of such completion, except as to
the 60 miles above mentioned, is on file in this office.
There have been certified for the Detroit and Milwaukee 30,998.75 acres, and for
the Port Huron and Milwaukee 6,468.68 acres, being practically all the vacant lands
in the limits of the grants.
By joint resolution of March 3, 1879, the reversionary interest of the United States
in the lands certified for said roads was released to the State of Michigan.
JACKSON, LANSING AND SAGINAW, AND NORTHERN CENTRAL MICHIGAN, FoRMERLY AMBOY, LANSING AND
TRAVERSE BAY.
This grant was to aid in the construction of a road from Amboy, by Hillsdale and
Lansing, to some point on or near Traverse Bay, by act of June 3, 1856. The odd
sections for six sections in width on each side of the road, were granted, with indem-
nity from the alternate sections within 15 miles of the line of the road, for any lands
lost in the granted limits.
C The State conferred the grant upon the Amboy, Lansing and Traverse Bay Railroad
Ompany. -
The road was definitely located from Amboy to a point on Little Traverse Bay, in
the year 1858. -
That portion of the grant which lies north of Michigan avenue, Lansing, was sub-
sequently transferred to the Jackson, Lansing and Saginaw Railroad Company, and
the portion south of that point to the Northern Central Michigan Railroad Company.
The act of June 3, 1856, required the entire road to be completed within 10 years.
By the act of July 3, 1866, the time for completing the road was extended seven years
from June 3, 1866, or until June 3, 1873. wº
The Amboy, Lansing and Traverse Bay Company had, prior to September 17, 1863,
completed 28 miles of its road, extending from Lansing to Owasso.
November 1, 1873, the governor of Michigan certified to the completion of the North-
ern Central Michigan Railroad from Lansing southward to Jonesville, a distance of
60 miles. The certificate does not show whether the said 60 miles were completed
prior to June 3, 1873, or not.
b Between Jonesville and Amboy, a distance of about 20 miles, the road has not
een built.
LANDS GRANTED RAILROADS. 799
The Jackson, Lansing and Saginaw Company had completed its road from Owasso
to a point in section 20, township 29 north, range 3 west, Otsego County, Michigan,
a distance of 160.10 miles, prior to the expiration of the grant.
June 6, 1876, the governor certified to the completion of an additional section of
9.95 miles, and on January 17, 1882, the completion of 63% miles terminating at
Mackinaw City, was certified to.
The road as constructed is some 50 miles longer than the line as definitely located.
This is accounted for by the fact that the company, as authorized by the act of March
3, 1871, changed the northern terminus of its road from Traverse Bay to Mackinaw
City, on the Straits of Mackinaw.
It was provided in this act that only the lands embraced within the limits of the
grant as the same was originally located under the act of June 3, 1856, should be
applicable to aid in building the road.
In the adjustment of this grant, it has been treated as a whole and the lands certi-
fied ; the State accordingly. The odd sections within the limits of this grant are
withdrawn. '
MARQUETTE AND ONTONAGON.
The original grant for this road was by act of June 3, 1856, and was to aid in the
construction of a railroad from Marquette to Ontonagon. The lands granted were
the alternate odd-numbered sections for six sections in width on each side of the
road, with indemnity from the alternate sections within fifteen miles of the line of the
road. The road was definitely located from Marquette to Ontonagon in 1859.
By the act of March 3, 1865, the grant was increased to ten sections per mile, to be
º: from the alternate odd-numbered sections within twenty miles of the line of
the road. -
The act of June 3, 1856, required the completion of the road within ten years. By
act of June 18, 1864, the time was extended five years beyond the time fixed for the
completion by the original act, and by joint resolution of May 20, 1868, the time was
further extended until December 31, 1872.
The various other acts relating to this road and the effect of the same will be found
in the accompanying tabular statement.
The road was constructed from a point on the Bay de Noquet and Marquette Rails
road, about 20 miles west of Marquette to L'Anse, a distance of 52 miles, prior to
December 31, 1872.
From L'Anse to Ontonagon the road has not been constructed. The odd section-
within the 20-mile limits of this grant are still withdrawn for the benefit of the road.
ONTONAGON AND STATE LINE, NOW ONTONAGON AND BRULE RIVER RAILROAD.
The grant for this road was by the act of June 3, 1856, and was for a railroad from
Ontonagon to the Wisconsin State line. The grant was of the alternate odd-numbered
sections for 6 sections in width on each side of the *oad, with indemnity to be se-
lected from the alternate sections within 15 miles on each side of the road. The grant
was conferred by the State upon the Ontonagon and State Line Railroad Company.
A grant of lands was also made to the State of Michigan by the act June 3, 1856, to
aid in the construction of a road from Marquette to the Wisconsin State line. This
grant was conferred by the State upon the Marquette and State Line Railroad Com-
any.
The Ontonagon and State Line, and the Marquette and State Line Railroad Com-
panies were subsequently consolidated with the Chicago, Saint Paul and Fond du Lac
Railroad Company under the name of the latter.
The rights and franchises of this company were sold under a mortgage sale in 1859,
and a new company known as the Chicago and Northwestern Railroad Company was
formed by the purchasers.
On April 24, 1862, the board of control of the State of Michigan conferred the grant
of lands which had been made for the road from Marquette to the State line upon the
Peninsula Railroad Company. This transfer was subsequently confirmed by the State
legislature. On October 21, 1864, the Peninsula Railroad Company was consolidated
with the Chicago and Northwestern Railroad Company under the latter name. Under
the articles of consolidation all the rights, franchises, and property of the Peninsula
Railroad Company became vested in the consolidated company. The road from On-
tonagon to the Wisconsin line was definitely located in the year 1857. On April 10,
1860, the vacant lands outside of the 6-mile limits of the grant, were directed to be
restored to market on June 18, 1860. On December 12, 1861, there were certified of
the lands in the 6-mile limits: For the Ontonagon and State Line Railroad, 142,430.23
acres ; for the Ontonagon and State Line, and the Marquette and State Line Rail-
roads, 41,649.25 acres; for the Ontonagon and State Line, and the Marquette and
Ontonagon Railroads, 68,659.71 acres.
800 LANDS GRANTED RAILROADS.
By joint resolution of July 5, 1862 (12 Stat., 620), it was provided that the words
“Wisconsin State line” in the act of June 3, 1856, should be construed to authorize
the location of the line of road provided for in said act from Marquette to the Wiscon-
sin State line, upon any eligible route from Marquette to the Wisconsin State line,
near the mouth of the Menomonee River, touching at favorable points on Green Bay.
The State was further authorized to surrender to the United States all the lands
which had been theretofore certified for the benefit of said railroad, and to receive in
lieu thereof a like quantity of lands to be selected upon the line as relocated.
Under this resolution the road from Marquette to the Wisconsin State line was re-
located, and on May 1, 1868, the governor of Michigan relinquished to the United
States the lands which had been certified for the benefit of the Marquette and State
Line Railroad Company, for the joint benefit of the Marquette and State Line and
the Ontonagon and State Line Railroad Companies, and also for the joint benefit of
the Ontonagon and State Line and the Marquette and Ontonagon Railroad Compa-
nies, the Chicago and Northwestern Railroad Company having previously released to
the State its interest in said lands.
By letter, dated July 13, 1868, addressed to the solicitor of the Chicago and North-
western Railroad Company, the then Commissioner of this office requested the com-
pany and the State to relinquish to the United States the 142,430.23 acres which had
been certified for the benefit of the Ontonagon and State Line Railroad Company. On
June 17, 1870, the Chicago and Northwestern Railroad Company relinquished to the
State of Michigan its interest in said lands, and on August 14, 1870, the governor of
said State, acting under the written opinion of the attorney-general of the State, re-
linquished the same to the United States.
The restoration of said lands was ordered by this office, and notice thereof was
given by the district land officers at Marquette, Mich., June 27, 1873, to take effect
August 6, 1873. **
In a letter, dated July 10, 1873, addressed to the Secretary of the Interior, the then
overnor of Michigan claimed that as Congress had never annulled the grant, or the
egislature of Michigan authorized the surrender of said lands, their surrender was
made without authority of law, and that the lands rightfully belonged to the State
of Michigan.
The order for their restoration was thereupon, on July 30, 1873, suspended, and has
never been carried into effect.
The time for completing the said road from Ontonagon to the Wisconsin State line
expired June 3, 1866. No portion thereof was completed within that time.
On September 17, 1880, the board of control of the State of Michigan, ignoring the
release to the United States, declared the grant to the Ontonagon and State Line
Railroad Company forfeited to the State, and conferred the same upon the Ontonagon
and Brule River Railroad Company.
The action of the board of control was confirmed by the legislature of the State on
June 7, 1881.
On February 24, 1882, the governor of Michigan certified to the completion of 20
continuous miles of the Ontonagon and Brule River Railroad, commencing at Onto-
nagon and running thence southwestwardly by the way of Rockland to a point in
section 10, township 50 north, range 38 west.
The question as to whether the title to the relinquished lands along the line of this
road #. now in the State of Michigan or in the United States has not been fully deter-
: Ill]]6.01.
RAILROADS IN IOW.A.
*
SIOUX CITY AND SAINT PAUL.
The grant for this road was to the State of Iowa by act of May 12, 1864, to aid in
the construction of a railroad from Sioux City, in said State, to the south line of the
State of Minnesota at such point as the State might select between the Big Sioux and
the West Fork of the Des Moines River, and was of every alternate section of land,
designated by odd numbers, for ten sections in width on each side of said road, with
a provision for indemnity for lands lost within the granted limits to be taken within
10 additional miles.
The fourth section of the act provided that if the road was not completed within
ten years from the date of the acceptance of the grant, the lands should revert to
the State, for the purpose of securing the completion of the road, and if the State
should not complete the road within five years from the expiration of the ten years
aforesaid, then the lands should revert to the United States.
The State accepted the grant April 3, 1866, and conferred it upon the Sioux City
and Saint Paul Company, and the company accepted the grant September 20, 1866.
* º was located definitely in 1867, and the line as located was 83 miles 52 rods
in length.
LAND'S GRANTED RAILROADS. 801
On February 4, 1873, the governor certified to the construction of 564 miles of the
road, extending from the Minnesota State line to Lemars, Iowa. No road has been
constructed beyond Lemars.
The area of the grant upon a basis of 82 miles of road as given in a former report
of this office was 524,800 acres. The area for 564 miles of road is 360,000 acres.
There have been patented to the State for this company 407,910.21 acres, but it is
understood some 85,000 acres have been withheld from the company.
This office is now in correspondence with the governor of Iowa, in pursuance of
instructions from you, looking to the reinvestment of the United States with title to
the lands patented to said State in excess of the quantity earned by the railroad
Company.
RAILROADS IN WISCONSIN.
west wisconsiN, FORMERLY LA CROSSE AND MILWAUKEE, AND TOMAH AND SAINT CROIX RAILROADS,
KNOWN SINCE AUGUST 8, 1878, AS CHICAGO, SAYNT PAUL AND MINNEAPOLIS RAILWAY.
By act of June 3, 1856, a grant was made to Wisconsin to aid in the construction of
a railroad from Madison or Columbus, by way of Portage City, to Saint Croix River
or Lake, between townships 25 and 31, of every alternate section of land for six sec-
tions in width on each side thereof. Madison was selected as the initial point, and
the road was definitely located therefrom. By act of May 5, 1864, the grant was
increased to ten sections per mile between the town of Tomah and Saint Croix Lake
or River, with the usual provision for indemnity, and the time for the completion of
the whole road was extended five years from that date.
By joint resolution of July 13, 1868, the time for the completion of the road from
Tomah to Lake Saint Croix was extended three years, or until May 5, 1872. The road
from Portage to Tomah was certified by the governor as completed January 25, 1869,
and from Tomah to Lake Saint Croix April 16, 1872.
That portion of the road between Madison and Portage (39 miles) should have been
completed May 5, 1869. The governor on December 16, 1874, certified to its comple-
tion in January, 1871.
The estimated area of the grant is 1,305,600 acres. The State has received 842,866
acres; of this amount 40,049.11 acres were certified for the Wisconsin Railroad Farm
Mortgage Land Company, under the act of July 27, 1868 (which is amendatory of the
act of June 3, 1856), but is properly chargeable against the grant. •
There has been no restoration of the lands withdrawn under the act of May 5, 1864.
SAINT CROIX AND LAKE SUPERIOR RAILROAD AND BRANCH TO BAYFIELD, AFTERWARDS THE NORTH WIS-
CONSIN, AND NOW KNOWN AS CHICAGO, SAINT PAUL, MINNEAPOLIS AND OMAHA.
By act of June 3, 1856, there was, among others, a grant made to Wisconsin to aid
in the construction of a railroad from a point on Saint Croix River or Lake to the
west end of Lake Superior and to Bayfield, to be completed within ten years. By act
of May 5, 1864, a new grant was made by which the old was increased from six to ten
sections per mile, the time for the completion of the road extended five years from its
date, and the State authorized to select a point on the main line for a junction with
the Bayfield branch. The usual provision was made for indemnity. No road was
constructed under the original grant. The legislature of Wisconsin, by an act ap-
proved March 4, 1874, conferred the grant for the road from Lake Saint Croix to Bay-
field upon the North Wisconsin Railway Company, and the grant from the junction
of the Bayfield branch, as located, upon the Chicago and Northern Pacific Air Line
Railway Company. No road has been built by the latter company.
The North Wisconsin company under its original name constructed 80 miles of road,
and after its consolidation, on May 26, 1880, with the Chicago, Saint Paul and Min-
neapolis Railway, under the name of the Chicago, Saint Paul, Minneapolis and Omaha
Railway Company, constructed 40 miles more, making 120 miles, all built after the
expiration of the time when the road should have been completed.
The constructed road begins in the north half of the northeast quarter of section 20,
township 29 north, range 19 west, and is continuous to the southeast quarter of the
northwest quarter of section 18, township 43 north, range 7 west.
The estimated area of the grant is 1,408,452.69 acres. The State has received
843,497.56. The area of the grant for 120 miles (constructed road) is 768,000 acres.
One hundred and six miles of the road as located are now unconstructed. The lands
along the unconstructed road are still reserved from sale or entry.
WISCONSIN CENTRAL, FORMERLY PORTAGE, WINNEBAGO AND supeRIOR.
The grant for this road was made by act of May 5, 1864, and required that the road
should be completed in ten years. The original definite location by way of Ripon
and Berlin to Stevens Point, and from thence to Bayfield and Superior, covering a
51 L O—WOL III
802 - LAND'S GRANTED RAILROADS.
distance of about 367 miles, was authorized by the act of June 21, 1866 (14 Stat., 360).
By act of April 9, 1874, the time for the completion of the road was extended until
December 31, 1876. By act of March 3, 1875, the company was authorized to
straighten the line of its road between Portage City and Stevens Point, but it was
provided that no lands south of Stevens Point, which might be found beyond 10 miles
from the modified line when located, should go to the company under its grant, bfit
such lands should revert to the United States and become part of the public domain,
to be disposed of as other public lands, and that the acceptance of the provisions of
the act by the company should be held to be a relinquishment of the same ; and fur-
ther provided that the act should not be construed as increasing the grant, or as
granting to the company any lands whatever.
By straightening the line of the road between the points mentioned the length
thereof was decreased about 26 miles, leaving the line as thus finally located about
341 miles long.
The estimated area of the grant for 341 miles, after making a deduction because of
the proximity of the line to Lake Superior, is 1,800,000 acres. By accepting the act
of March 3, 1875, the company lost between Portage City and Stevens Point about
251,680 acres. The road constructed by the company from Portage City, by way of
Stevens Point, to Ashland is continuous, and is 257 miles in length. As shown in the
accompanying table, 231 miles thereof were built within the life of the grant, and 26
miles were constructed after it had expired.
The area of the grant for 257 miles is 1,644,800 acres, which, decreased by the lands
lost between Portage and Stevens Point, leaves 1,393,120 acres. There has been
approved to the State for this road 575,844.56 acres. No road has been constructed
beyond Ashland.
The lands relinquished by the company in accepting the act of March 3, 1875, have
been restored to homestead and pre-emption entry.
There has been no restoration of the lands withdrawn north of Stevens Point.
FAILROADS IN MINNESOTA.
The act of March 3, 1857, granted to the (then) Territory of Minnesota, for the pur-
pose of aiding in the construction of certain railroads therein specified, every alternate
section of land designated by odd numbers for six sections in width on each side of
each of the roads so authorized. The act provides indemnity for lands within the
primary limits of the grant that were sold, pre-empted, or otherwise appropriated
prior to the definite location of each road. iſ also provides that the lands granted to
the Territory “shall be subject to the disposal of the legislature thereof, for the pur-
pose aforesaid and no other ”; also—
“That the lands hereby granted to said Territory or future State shall be disposed
of by said Territory or future State only in the manner following, that is to say: That
a quantity of land not exceeding 120 sections for each of said roads and branches, and
included within a continuous length of 20 miles of each of said roads and branches,
may be sold; and when the governor of said Territory or future State shall certify
to the Secretary of the Interior that any 20 continuous miles of any of said roads or
branches is completed, then another quantity of land hereby granted, not to exceed
120 sections for each of said roads and branches having 20 continuous miles com-
pleted as aforesaid, and included within a continuous length of 20 miles of each of
such roads or branches, may be sold; and so from time to time until said roads and
branches are completed; and if any of said roads or branches is not completed within
§ year; no further sale shall be made, and the lands unsold shall revert to the United
tates.
An act of Congress, approved March 3, 1865, increased the grant for all roads and
branches provided for in the act of March 3, 1857, to ten sections per mile, enlarged
the limits within which indemnity lands might be taken, provided that said indem-
nity lands should in all cases be indicated by the Secretary of the Interior. Said act
also provided for the patenting to the State of all lands selected thereunder, to the ex-
tent of ten sections per mile, extending along and opposite sections of 10 consecutive
miles (in length) as fast as constructed and the construction certified to by the gov-
ernor, and that the lands granted by this and prior acts should not be disposed of in
any manner, except as the same were patented under the provisions of the act. The
time for the completion of the several roads and branches was extended to eight years
from the passage of the act, or to March 3, 1873, and in the event of failure to so com-
§. said roads or branches, the lands undisposed of are to revert to the United
tates.
The following described roads were provided for in the act (March 3, 1857) first
named:
LANDS GRANTED RAILROADS. 803
SAINT WINCENT EXTENSION OF SAINT PAUL AND PACIFIC, FORMERLY BRANCH LINE OF SAINT PAUL AND
PACIFIC, NOW SAINT PAUL, MINNEAPOLIS AND MANITOBA.
This road was authorized by that portion of the act which provided for a “branch.”
(of main line Saint Paul and Pacific) “via Saint Cloud and Crow Wing to the navi-
gº. waters of the Red River of the North, at such point as the legislature of said
tate may determine.” The northern terminus of said branch was fixed by the legis-
lature of said Territory at Saint Vincent. An act of Congress approved July 12, 1862,
authorized a new branch line to extend northeasterly to the waters of Lake Superior,
in lieu of that part of the original branch extending “northwesterly from the inter-
section of the tenth standard parallel with the fourth guide meridian.” An act of
Congress approved March 3, 1871, provided— .
“That the Saint Paul and Pacific Railroad Company may so alter its branch lines
that instead of constructing a road from Crow Wing to Saint Vincent, and from Saint
Cloud to the waters of Lake Superior, it may locate and construct, in lieu thereof, a
line from Crow Wing to Brainerd, to intersect with the Northern Pacific Railroad, and
from Saint Cloud to a point of intersection with the line of the original grant at or
near Otter Tail or Rush Lake, so as to form a more direct route to Saint Vincent, with
the same proportional grant of lands, to be taken in the same manner along said al-
tered lines as is provided for the present lines by existing laws.” . .
Said act also provided for a proper release by said company of all lands along the
abandoned line. By an act approved March 3, 1873, the time for the completion of the
road from Saint Cloud to Saint Vincent was extended nine months from the time lim-
ited by previous acts of Congress, or to December 3, 1873.
An act of Congress, approved June 22, 1874, extended the time for the completion
to March 3, 1876, upon certain conditions to be accepted by the officers of the road
before the act should become operative. Said conditions were not accepted by the
company, and the act has been held by this office and the Department to be inoperative.
The road was definitely located November 7, 1871, for a distance of 314 miles, between
East Saint Cloud and Saint Vincent; 140 miles were constructed prior to December 3,
1873, and the remaining 174 miles December 23, 1879. It is proper to state, in this
connection, that the legislature of Minnesota, by an act approved March 1, 1877, ex-
tended the time (so far as the State was concerned) for the completion of the road to
January 1, 1881, upon the condition that the company should not, in any manner,
directly or indirectly, become seized of any right, title, interest, claim, or demand in
or to any parcel of land lying and being within the granted or indemnity limits of
the road, to which legal title had not been perfected in the company, upon which
any person or persons had, in good faith, settled or acquired valuable improvements
thereon prior to the passage of the act. Acceptance of the provisions of the act by
the company was to be considered as a relinquishment of all the lands, to the ex-
tent of not to exceed 160 acres for each settler, so occupied by actual settlers. I have
not been advised of the acceptance of the provision of said act by the company. Up
to the present time 1,174,330.03 acres have been patented to the State for the benefit
of the road. No portion of said amount (lands) was patented in advance of the con-
struction of 10 miles opposite thereto. The whole road has been accepted by the
Department. (See Secretary's decision, June 10, 1880, General Land Office Report for
that year, page 124.)
WESTERN RAILROAD, FORMERLY BRAINERD BRANCH SAINT PAUL AND PACIFIC.
This road was authorized by that portion of the act providing for a “branch’” (of
main line Saint Paul and Pacific) “via Saint Cloud and Crow Wing, to the navigable
waters of the Red River of the North, at such point as the legislature of said State
may determine,” and embraced that portion of the original Saint Vincent branch
located from near Saint Cloud (Watab) to Crow Wing, together with a “line from
Crow Wing to Brainerd to intersect with the Northern Pacific Railroad, ” authorized
by the act of March 3, 1871, which also provided for the same proportional grant of
lands, to be taken in the same manner as provided in the acts of March 3, 1857, and
March 3, 1865, as above quoted. The act of March 3, 1873, extended the time for the
completion of the road until December 3, 1873.
The act of June 22, 1874, referred to in connection with the Saint Vincent road, also
applied to the Western Railroad, but is inoperative for the same reason as stated in
said connection. The act of the legislature of Minnesota approved March 1, 1877, and
above referred to, also embraced the Western Railroad in its provisions, and extended
the time for completion to March 1, 1878. The road is definitely located from Watab
to Brainerd covered a distance of 54.21 miles, which was completed January 1, 1878;
16.13 miles of the road as located is within the Fort Ripley military reservation, and
therefore the State is not entitled to any grant of land for said portion of the road.
(See opinion of Attorney-General in annual report of this office for 1881, pages 158 to
163, inclusive.) The State would be entitled to lands opposite 38.08 miles of road, or
804 LANDS GRANTED RAILROADS.
243,712 acres, of which amount 121,462.31 acres were patented to the State April 11,
1879. Of this amount 12,346.24 acres lying within the Fort Ripley military reservation
and erroneously patented have been relinquished by the State and company to the
United States. The State and company have also relinquished 9,177.99 acres of said
patented lands infavor of actual settlers, as provided by the act of legislature of March
1, 1877, hereinbefore referred to. Congress has not, however, authorized the accept-
ance of said release.
An act of Congress, approved July 4, 1866, granted to the State of Minnesota, to aid
in the construction of certain railroads below named, every alternated section of land
designated by odd numbers to the amount of five alternate sections per mile on each side
of said river.”
Indemnity was provided by the act for such lands as the United States had sold, re-
served, or otherwise appropriated, or to which the right of homestead settlement or pre-
emption had attached prior to the definite location of each road. The lands granted
were to be subject to the disposal of the legislature of Minnesota, for the purposes indi-
cated by the act, and in no other way. Upon the completion of any section of 10
consecutive miles, patents are to issue for all the lands in alternate sections, desig-
nated by odd numbers, situated within twenty miles of the road so completed, and
lying coterminous to said completed section of 10 miles, for the benefit of the road
completing said section. The coterminous principle does not extend to such lands as
may be taken to make up deficiencies, and no land to make up such deficiencies can
be taken within 10 miles of the line of said roads. The roads authorized by the act
were to be completed within ten years from the acceptance of the grant, failing which
the lands granted and not patented “shall revert to the United States.”
THE SOUTHERN MINNESOTA BAILWAY EXTENSION
was authorized by that portion of the act which provided for a road “from Houston,
in the county of Houston, throngh the counties of Fillmore, Mower, Freeborn, and
Faribault, to the western boundary of the State,” the grant having been accepted by
the legislature of the State of Minnesota, February 25, 1867, and conferred upon the
Southern Minnesota Railroad Company, and Subsequently upon the Southern Minne-
sota Railway Extension Company.
The road should have been completed by the first company chartered by the State,
but as said company only completed the line from Houston to Winnebago City, a dis-
tance of 149%$$$ miles, prior to February 25, 1877, the State, by act of legislature ap-
proved March 6, 1878, conferred the privileges appertaining to the uncompleted por-
tion of the line upon the Southern Minnesota Railway Extension Company, under
certain conditions, among others that the road should be constructed to Jackson, in
Jackson County, before the end of the year 1879, and to the west line of the State
before the end of the year 1880. The road was constructed to the west boundary of
the State by December 8, 1879, although the line, as constructed, deviated from the
located line to a considerable extent, but only to such extent as was necessary to make
it conform to the requirements of the act of State legislature. The matter of devia-
tion from located line, and a complete history of the grant, together with the accept-
ance by the Secretary of the Interior of the line as constructed for 43 miles beyond
Winnebago City, and a decision by the Secretary of the Interior that the grant was
earned to the extent of the miles constructed, is fully shown in the anual report of
this office for 1880, pages 116 to 118, inclusive. That portion of the line beyond the
point (near Jackson City) above referred to was accepted by the Secretary of the
Interior March 26, 1880, in a letter of that date addressed to this office, in which
he also decided that the State of Minnesota was entitled to the land granted and
earned, and directed the adjustment of the grant accordingly.
HASTINGS AND DAKOTA.
This road was authorized by that portion of the act of July 4, 1866, which provided
for a road—
“From Hastings, through the counties of Dakota, Scott, Carver, and McLeod, to
such point on the western boundary of the State as the legislature of the State may
determine.”
This grant was accepted by the State March 7, 1867. Prior to that time the gov-
ernor of the State had approved a map of definite location fixing the western terminus
of the road (which was not changed materially by the legislature), and on June 26,
1867, said map was approved by the Secretary of the Interior. The road as con-
structed is 202.1 miles in length, and was completed December 15, 1879. Certain mod-
ifications and adjustments were made to carry the construction of the road thröugh
several towns named in the act of acceptance. All departures in construction from
* This grant is a grant of “quantity” as distinguished from a grant of “lands in place.”
LAND'S GRANTED RAILROADS. 805
the located line have, however, been approved by the Department (see letter of Secre-
tary of the Interior, dated April 17, 1880, on page 123 of annual report of this office
for 1880), and this office directed to certify the lands in satisfaction of the grant. The
State is entitled under the grant “to the amount of ’’ 1,293,400 acres of land, if so
much can be found vacant and unappropriated within the limits of the grant. Up
to the present time but 312,770.27 acres have been conveyed to the State for the ben-
efit of said road.
EAKE SUPERIOR AND MISSISSIPPI.
By the act of May 5, 1864, a grant was made to the State of Minnesota for a road
“from the city of Saint Paul to the head of Lake Superior,” of every alternate sec-
tion of land designated by odd numbers to the amount of five alternate sections per
mile on each side of the said railroad on the line thereof. The usual provision was
made for indemnity lands, to be selected within twenty miles from the line of road. The
act provides that upon certification by the governor of the State of the completion of
any 20 miles of the road, patents shall be issued for the amount of land coterminous
with the completed section, to which the State is entitled under the act; that the
land shall be subject to disposal by the State for the purpose indicated by the act,
and no other; also, that if the road is not completed within eight years from the
date of the act, “no further patent shall be issued for said lands, and no further sale
shall be made, and the lands unsold shall revert to the United States.”
An act of July 13, 1866, provided that if when the line of the road was located it
should be found that the quantity of land intended to be granted by the act of May
5, 1864, was deficient by reason of the line thereof running near the boundary-line of
the State, the company should be entitled—
“To take from other public lands of the United States within 30 miles of the
west line of said road such an amount of lands as shall make up such deficiency:
Prºvided, That the same shall be taken in alternate odd sections, as provided for in
said act.”
The road as located is 154.42 miles in length, and it was completed February 28,
1873, instead of May 5, 1872, as required by the act. The quantity of land granted
by the act is 988,283 acres, provided so much can befound vacant and unappropriated
within the limits of the grant. Up to the present time 860,564 acres have been ap-
proved to the State for the benefit of said road. The road as constructed has been
accepted by the Department.
An act of Congress approved July 13, 1866, granted indemnity lands to the State of
Minnesota in lieu of lands theretofore granted for the purpose of aiding in the con-
struction of railroads that the United States might have sold or disposed of after the
definite location of the road and prior to the withdrawal of said lands from sale. It
was provided, however, that such grant should not be so construed as to diminish
the quantity of lands previously granted to aid in the construction of the Lake Supe-
rior and Mississippi Railroad. Section 3 of the act provides for the certification of
lands to the State.”
Also that—
“On the completion of any 10 miles of road the State may sell one-half the quan-
tity of, lands which said State is authorized to dispose of on the completion of 20
miles.
It will be observed that sections 1, 3, and 4 of said act apply to all previous grants.
No restoration of lands withdrawn and reserved for the benefit of railroads in the
State of Minnesota has been made.
In several instances I have stated that by the construction of a certain number of
miles of road a State would be entitled to a certain number of acres of land.
In estimating such number of acres I have simply multiplied the number of miles
constructed by the number of sections per mile granted, and have not added to that
amount the 120 sections or 76,800 acres authorized by several of the acts referred to
to be sold in advance of the construction of any portion of the road, preferring to
leave the matter of determining how much land shall revert to the United States,
in case of a forfeiture of a grant, to Congress.
This completes the statement of all facts deemed pertinent relative to grants of
land made to States to aid in the construction of railroads. -
O. O. R. P. O. R. A. T. I O N S.
The estimate of the areas within the limits of these grants here with submitted, un-
less otherwise stated, embraces all the odd-numbered sections within the limits fixed
by the granting acts as laid down upon the maps and diagrams in this office. Except
where the area of the grant has been ascertained by actual examination of the
*The act of March 3, 1865, provides for patenting lands to the State.
806 LANDS GRANTED RAILROADS.
records as stated, the amount given is without deduction for Indian or other reserva-
tions, overlapping grants, or other causes which operate to except land from the
grants.
Owing to sinuosities in the lines of these roads the quantities given are less than
would be obtained by multiplying the number of sections granted per mile by the
number of miles of road. The latter amount cannot be acquired under any grant re-
stricted to lateral limits unless the road is practically a straight line.
NORTHERN PACIFIC RAILROAD COMPANY.
By the act of Congress approved July 2, 1864 (13 Stat., p. 365), lands were granted
to aid this company in the construction of a railroad from a point on Lake Superior to
Puget Sound, with a branch via the Valley of the Columbia River to a point at or
near Portland, Oreg. The grant is of every alternate odd-numbered section to the
amount of twenty alternate sections per mile on each side of the road where the line
passes through the Territories, and ten alternate sections per mile on each side where
it passes through States, excluding mineral lands, and lands reserved, sold, granted, or
otherwise appropriated, or to which homestead, pre-emption, or other rights shall have
attached at the date of filing of maps of definite location of the road in this office.
Provision is made for indemnifying the company for lands lost to the grant by sale,
reservation, homestead, and pre-emption settlements, or other disposition thereof,
prior to the filing of such maps, out of alternate odd-numbered sections not more than
10 miles beyond the limits of the sections granted. The indemnity limits were ex-
gººd 10 miles farther on each side by joint resolution of May 31, 1870 (16 Stat., p.
378).
The grant is upon certain conditions, one being that the company should complete
the entire road by the 4th day of July, 1876.
The second section of the joint resolution approved May 7, 1877 (14 Stat., p. 355),
extended the time, for the completion of the road, two years.
The joint resolution approved July 1, 1868 (15 Stat., p. 255), amended the granting
act, so as to require the completion of the entire road by July 4, 1877. Under date of
June 11, 1879, the Secretary of the Interior held that the effect of the resolutions here
cited was to extend the time for the completion of the road to July 4, 1879 (see General
Land Office Report for 1879, p. 109 to 111).
The road, as definitely located or proposed, extends from the mouth of the Montreal
River, in Wisconsin, to the headwaters of Puget Sound, in Washington Territory, an
estimated distance of 2,055 miles. The length of the branch as estimated is 215 miles.
Maps on file in this office show that the road has been constructed as follows: From
Northern Pacific Railroad Junction, in Minnesota, about 23 miles southwest of Duluth,
to a point on the east bank of the Yellowstone River, in Montana, a distance of 675
miles; from Wallula, Wash., northeastwardly to a point near Lake Pend d'Oreille, in
Idaho, 225 miles, and from Kalama, Wash., northward to Tacoma, on the headwaters
of Puget Sound, 106 miles, making the total amount constructed 1,006 miles.
For detailed information respecting the length of the road in each of the several
States and Territories through which the line passes; the estimated area of land em-
braced within the limits of the grant ; number of miles constructed and uncompleted
at the date fixed (July 4, 1879, see decision of Secretary Schurz before referred to) for
completion of the entire road, as well as at the present time, and the number of acres
patented to the company, reference is made to the accompanying tabulated statement.
CALIFORNLA AND OREGON RAILROAD COMPANY.
A grant of lands in aid of the construction of that portion of a road from the Cen-
tral Pacific Railroad, in California, to Portland, Oreg., to be constructed in California,
was made to this company by the act of Congress approved July 25, 1866 (14 Stat., p.
239).
The grant is of every odd-numbered alternate section of the public lands, not
mineral, to the amount of twenty alternate sections per mile (ten on each side) of said
railroad line. Provision is made for indemnity for any land within said limits lost to
the grant by'other grants, sales, reservations, homestead, pre-emption, or other claims,
out of alternate odd-numbered sections nearest to and not more than 10 miles from
the limits of the sections granted.
This act required the completion of the entire road on or before July 1, 1875.
By the act of June 25, 1868 (15 Stat., p. 80), the time for completing the road was
extended to July 1, 1880. The estimated length of the line in California is 288 miles,
of which the company constructed 152 miles, from a junction with the Central Paci-
fic Railroad to Redding, prior to the time fixed for completing the road. No evidence
of construction beyond Redding has been furnished this office.
This road is now known as the Oregon Branch of the Central Pacific Railroad.
LANDS GRANTED RAILROADS. 807
OREGON CENTRAL RAILROAD COMPANY, NOW OREGON AND CALIFORNIA RAILROAD
COMPANY.
The act approved July 25, 1866 (14 Stat., p. 239), made a grant of lands to aid in
the construction of a railroad from the Central Pacific Railroad in California to Port-
land, Oregon. It provided that that portion of the road in Oregon should be built by
and the grant for the same conferred upon, such company as the legislature of said
State should designate. This company was so designated.
The grant is of every alternate section of the public lands, not mineral, designated
by odd numbers, to the amount of twenty alternate sections per mile (ten on each
side) of said railroad line. Indemnity is provided for lands lost to the grant by other
grants, sales, reservations, homestead, pre-emption, or other claims out of alternate
odd-numberéd sections nearest to and not more than 10 miles from the limits of the
sections granted. The act required the completion of the entire road on or before
July 1, 1875. By the act of June 25, 1868, the time for completing the road was ex-
tended to July 1, 1880. *
The estimated length of the line in Oregon is 315 miles. Prior to July 1, 1880, 197
miles of road, from Portland to Roseburg, were constructed. No evidence of further
construction has been furnished this office.
ATLANTIC AND PACIFIC RAILROAD COMPANY.
By the act of Congress approved July 27, 1866 (14 Stat., p. 292), lands were granted
to this company to aid in the construction of a railroad from a point at or near the
town of Springfield, in Missouri, to the Pacific coast, with a branch from the point at
which the road strikes the Canadian River eastwardly to a point in the western
boundary of the State of Arkansas at or near the town of Van Buren.
The grant is of every alternate section of the public land designated by odd num-
bers, to the amount of twenty alternate sections per mile, on each side of the line of
the road through the Territories, and ten alternate sections per mile on each side
when the road passes through States, excepting mineral lands, and lands sold, other-
wise granted or appropriated, or to which pre-emption or other claims shall have at-
tached at the time theine of said road is designated by a map thereof filed in this
office. Indemnity is provided out of alternate odd-numbered sections not more than
10 miles beyond the limits of the sections granted, for lands lost within the granted
limits by reason of grants, sales, reservations, homestead, pre-emption, and other
claims, prior to the filing of the map of the line of the road.
The third section of the act provides—
“That if said route [Atlantic and Pacific] shall be found upon the line of any other
railroad route, to aid in the construction of which lands have been heretofore granted
by the United States, as far as the routes are upon the same general line, the amount
of land heretofore granted shall be deducted from the amount granted by this act;
ſalso] that the railroad company receiving the previous grant of land may assign
their interest to said ‘Atlantic and Pacific Railroad Company,’ or may consolidate,
confederate, and associate with said company upon the terms named in the first and
seventeenth sections of this act.”
The Atlantic and Pacific consolidated with the Pacific and Southwestern Branch
Railroad (a railroad authorized by act of June 10, 1852, from Saint Louis to the west
boundary of Missouri), as to that portion of the road from Springfield to the west
boundary of Missouri.
The whole of the main line was required to be completed by July 4, 1878. No time
was fixed for the completion of the branch.
The length of the main line is estimated at 2,126 miles and the branch at 300, mak-
ing in all 2,426 miles.
Prior to July 4, 1878, the road had been completed and accepted from Springfield,
Mo., to Winita, Ind. T., a distance of 125 miles; that portion between Springfield
and Pierce City, Mo., being constructed by the Pacific and Southwestern Branch
Railroad Company. Since that date 200 miles of road, from a point near Isleta,
N. Mex., to a point in Arizona, has been completed and accepted.
The first section of this portion of the road was accepted, and patent issued for
23,037.36 acres along said section, in accordance with the opinion of the Attorney-
General, dated October 26, 1880 (Opinions of Attorneys General, vol. 16, p. 572).
It is understood that this company has completed and is now operating its road a
distance of 150 miles west of the point in Arizona last mentioned, but no official evi-
dence of such construction has reached this office. In addition to this it is claimed
that the road has been graded a long distance beyond the terminus of this constructed
road, but of course this office is without official evidence of this fact.
808 LANDS GRANTED RAHLROADS.
SOUTHERN PACIFIC RAILROAD COMPANY.
By section 18 of the act of July 27, 1866 (14 Stat., p. 292), granting lands to the
Atlantic and Pacific Railroad Company, this company was authorized to connect with
said company at such point near the boundary of California as they should deem most
suitable for a railroad line to San Francisco.
To aid in the construction of such railroad it was enacted that this company should
have grants of land similar to those to said Atlantic and Pacific Railroad Company,
subject to all the conditions and limitations of said grants, with the same require-
ments as to time and manner of construction.
The grant, therefore, is to the amount of ten alternate odd-numbered sections per
mile on each side of said road, with the same exceptions and the same provisions for
indemnity as in the grant for the Atlantic and Pacific Railroad above recited. The
road was also required to be completed by July 4, 1878.
The length of this road is estimated at 522 miles. Of this 232 miles were constructed
and accepted prior to July 4, 1878, as follows: From San José southward to Tres
Pinos, 50 miles, and from Huron east to Goshen and southeasterly to Mojave, 182
miles.
This office has no evidence of the construction of any portion of this road between
San Francisco and San José, Tres Pinos and Huron, and Mojave and the State line,
290 miles in all.
It is understood that at San José a connection for San Francisco is made with
another road over practically the same route.
OREGON CENTRAL RAILROAD COMPANY.
The act of May 4, 1870 (16 Stat., p. 94), made a grant of lands to aid this company
in the construction of a railroad from Portland to Astoria, in Oregon, with a branch
from a point near Forest Grove to the Yamkill River, near McMinville.
The grant is of each alternate section of the public lands, designated by odd num-
bers, nearest to said road, to the amount of ten alternate sections per mile on each side
thereof. Mineral lands, and lands otherwise reserved or held by valid pre-emption
or homestead rights at the date of the grant, are excepted. It is provided that in
case the quantity of ten full sections per mile cannot be found on each side of the
road, other lands, designated as aforesaid, on either side of any part of said road
nearest to and not more than 25 miles from the track thereof may be selected to make
up such deficiency.
The entire road was to be completed within six years from the passage of this act.
The length of the main line is estimated at 122 miles, and the branch 22%, making
a total of 144% miles. Prior to the time fixed for the completion of the road 25 miles
of the main line west of Portland and the entire branch line were constructed and
accepted. No proof of the construction of any other portion of this road has been filed
in this office.
The limits of this grant are partly in Washington Territory. No lands have been
withdrawn for the grant in said Territory, and under date of December 20, 1877, the
Secretary of the Interior declined a request for an order for such withdrawal, for the
reason that the time fixed by the granting act for the completion of the road had ex-
pired and the greater part of the road was uncompleted. For this reason no estimate
of the area embraced in the limits in Washington Territory has been made.
TEXAS PACIFIC RAILROAD COMPANY, Now THE TEXAS AND PACIFIC RAILWAY COMPANY.
By act of Congress approved March 3, 1871 (16 Stat., p. 573), a grant of lands was
made to this company to aid in the construction of a railroad from a point at or near
Marshall, Tex., to San Diego, Cal.
The grant is of every alternate section of public land, not mineral, designated by
odd numbers, to the amount of twenty alternate sections per mile on each side of the
line as adopted by the company through the Territories of the United States, and ten
alternate sections per mile on each side of the line in California. Exception is made
of lands sold, reserved, or otherwise disposed of, and lands to which a pre-emption or
homestead claim may have attached at the time the line of the road is definitely fixed.
Indemnity is provided for lands thus lost to the grant out of alternate odd-numbered
sections not more than ten miles from the limits of the sections granted. Provision is
also made for indemnity for lands lost by reason of the near approach of the line of
the road to the boundary of Mexico, and also for mineral lands excluded from the
grant out of odd-numbered sections nearest the line of the road.
The company was required to commence the construction of its road simultaneously
at San Diego, Cal., and from a point at or near Marshall, Tex., and to complete the
entire road within ten years after the passage of the act. The act, approved May 2,
1872 (17 Stat., p. 59), required that the road be so commenced and constructed as to
LANDS GRANTED RAILROADS. 809
secure the completion of the entire road between the points above named within ten
years after the passage of said act. This extended the time for completion to May 2,
1882, and the grant is not strictly within the class to which the resolution now before
me applies; but in view of the failure of the company to construct any part of its
road eastward from San Diego, I have decided to submit the facts in the matter.
The length of the entire line is estimated at 1,483 miles. Proof of the construction
of 181 miles of this road in Texas has been furnished, but no evidence of construction
beyond that has reached this office.
From the western boundary of Arizona to the western boundary of Texas the South-
ern Pacific Railroad Company, having no land grant, has built and is operating a
road almost entirely within the limits of the grant to the Texas Pacific Railroad
Company, and for the greater portion of the distance practically on the line adopted
by the Texas Pacific Company.
NEW ORLEANS, BATON ROUGE, AND VICKSBURG RAILROAD COMPANY, NOW NEW OR-
LEANS PACIFIC RAILWAY COMPANY.
By section 22 of the act approved March 3, 1871 (16 Stat., p. 573), granting lands
to the Texas Pacific Railroad Company, this company was granted the same number
of alternate sections of public lands in Louisiana as were by that act granted in Cali-
fornia to said Texas Pacific Railroad Company (to the amount of ten alternate odd-
number sections per mile), on each side of the line of the road.
The company was required to complete its road within five years from the passage
of the act. The estimated length of the line of the road is 318 miles. No evidence of
the completion of any portion of this road within the time required by law has been
furnished.
Other information respecting the grants to corporations above described appears
in the tabulated statement here with transmitted. -
All roads not hereinbefore mentioned are believed to have been constructed within
the statutory period.
The following statement completes the imformation asked for by the resolution:
COSTS OF SURVEYING, SELECTING, AND CONVEYING LAND'S GRANTED TO AID IN THE
CONSTRUCTION OF RAILROADS.
By the act of Congress approved July 1, 1864 (13 Stat., p. 335), as revised, para-
graph 7, section 2238 Revised Statutes, fees to be paid the registers and receivers
upon selections of lands under grants for railroad purposes were fixed.
| Such fees have been paid on all selections forwarded to this office since July 1, 1864,
the same having been fully collected by registers and receivers upon presentation of
each list of selections.
A proviso in the act making appropriations for sundry civil expenses of the Gov-
ernment, approved July 15, 1870 (16 Stat., p. 305), declares that before any land
granted to the Northern Pacific Railroad Company shall be conveyed to any party
entitled thereto under the grant, the cost of surveying, selecting, and conveying the
same shall be paid by the company or party in interest.
The act making appropriations for the same purpose, approved July 31, 1876, con-
tained the following proviso: -
“That before any land granted to any railroad company by the United States shall
be conveyed to such company, or any persons entitled thereto under any of the acts
incorporating or relating to said company, unless such company is exempted by law
from the payment of such cost, there shall be first paid into the Treasury of the
United States the cost of Surveying, selecting, and conveying the same by said com-
pany or persons in interest.” (19 Stat., p. 121.)
Being in an act making appropriations, the proviso of July 15, 1870, requiring the
Northern Pacific Company to pay the costs of surveying and conveying lands
granted to it escaped the attention of the branch of this office then charged with the
adjustment of railroad grants, and I find no reference to it in the records until 1874.
By letter of May 27, 1874, the resident attorney of said company was informed that
no more patents would issue to the company until the expense of surveying and
patenting 743,493.44 acres of land in Minnesota, for which patents had issued in 1873,
should be paid.
The amount due from the company for the expense of surveying said land is
$26,020.53; expense of conveying same, $161.85; making a total of $26,182.38.
It is understood that at the next session of Congress, after the date of said letter,
the company sought relief from the payment of the cost of surveying, &c., and this
may account for the fact that no further action was taken in the premises.
With the exception of one for 3,016.80 acres in Washington Territory, issued April
8, 1880 (upon which all costs were paid), no patents have issued to said company since
May 27, 1874. -
810
LANDS GRANTED RAILROADS.
The provision in the act of 1876, making appropriations, as stated, also escaped
notice until 1878, when attention was called to it in connection with an application
for patents to the Southern Pacific Railroad of California. The matter was presented
to the Department October 26, 1878, with an opinion that said company was exempt
from the operation of this requirement so far as lands earned by construction prior to
July 31, 1876, were concerned. In his decision of February 20, 1879 (Annual Report
General Land Office for 1879, p. 115), your predecessor overruled this opinion.
Pursuant to this decision, on March 12, 1879, a demand was made upon the resident
attorney of said company for the payment of the expense of surveying and convey-
ing 230,500.30 acres, patented October 20, 1877. To this the attorney replied, on the
14th of the same month, that he had advised the officers of the company of the de-
mand and would communicate their answer as soon as received. No response by the
company has reached this office.
I find that said company is indebted to the Government for costs of surveying and
conveying lands embraced in several smaller patents, for which no demand appears
to have been made.
The amount due from said company is as follows:
Expense of surveying 320 acres in patent No. 8, dated September
30, ...;is tº gº ºn tº dº gº º sº * * * * * * * * * * * * sº gº gº tº tº sº gº º ºs & º º tº gº tº me º gº tº sº º is sº dº sº º ºs º sº * * $14 ;
Expense of conveying same------------------------------------ 1 9
Xp g $16 30
Expense of surveying 22,600.48 acres in patent No. 9, dated Feb-
ruary 27, 1877----------------------------------------------- 1,017 02
Expense of conveying same------------------------------------ 4 80
— 1,021 82
Expense of surveying 230,500.30 acres in patent No. 10, dated
October 20, 1877--------------------------------------------- 10,718 52
Expense of conveying same ----------------------------------- 26 30
10,744 82
Expense of surveying 40 acres in patent No. 11, dated January
31, 1878----------------------------------------------------- 1 80
Expense of conveying same------------------------------------ 2 50
4 30
Total amount due------------------------------------------------- 11, 787 24
The following amounts are due from the Central Pacific Railroad Company as suc-
cessor to the California and Oregon Railroad Company. I find no record of any de-
mand made therefor:
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * sº e º e º m º ºr = s. $11 75
Expense of surveying 238.26 acres in patent No. 5, dated May 21, 1877. $10 72
Expense of conveying same and 320 acres additional in same patent,
(Surveys paid for)------------------------------------------------- 2 60
13 32
Expense of surveying 10,904.62 acres in patent No. 6, dated February
28, 1878.---------------------------------------------------------- 90 70
Expense of conveying same------------------------------------------ 4 20
*º- 494 90
Total amount due---------------------------------------------------- 519 97
The Oregon and California Railroad Company are also indebted to the Government
for the expense of surveying 86,622.17 acres of land embraced in patent No. 5, dated
June 18, 1877, $3,940.15, and expense of conveying the same, $26—making the total
indebtedness $3,966.15, for which no demand appears to have been made.
For reference, the amounts above given are here tabulated:
Amount due Amount due | Total amount
Name of company. for expense for convey- due from each
of surveys. ing lands. company.
Northern Pacific.------------------------------------------ $26,020 53 $161 85 $26, 182 38
Southern Pacific -- - ------------------------------------- 11, 751 74 35 50 11,787 24
Central Pacific, successor, &c ------------------------------ 501 42 18 55 519 97
Oregon and California.------------------------------------. 3, 940 15 26 00 3, 966 15
Aggregate indebtedness--...--------------------------. 42, 213 84 241 90 42, 455 74
LANDS GRANTED RAILROADS. 811
It will be observed that in the case of the three companies last referred to the pat
ents were all issued prior to the decision of your predecessor upon the act of 1876.
The failure to make and renew demands for payment was undoubtedly an oversight
and due to the great pressure of business which has always existed in the division of
this office charged with the adjustment of these grants. Now that the facts are
brought to my attention, demands will be made for the several amounts due, and the
result promptly reported to the Department.
The proviso in the act of 1876, before quoted, applies to all the “corporations”
herein named, but the above are the only ones to which patents have issued that
have failed to reimburse the Government for the expense of surveying and patenting
lands. w
In conclusion, I have to state that the information asked for by the resolution cov-
ered a wide range of subjects, and that to answer the same satisfactorily has required
the unremitting labor of all the available clerks in the railroad division for the past
forty days. The delay has been caused almost entirely by the failure on the part of
this office in the past, at the time when land grants to aid in the construction of rail-
roads were first extensively made, to adopt and perfect a comprehensive system of
procuring and keeping in a concise and convenient form all matters of information
relative to each particular grant. It has been necessary, in collecting much of the
information here presented, to examine correspondence relative to a particular grant,
covering a period of twenty-five years; also to measure, in almost every case, the line
of definite location of a road in order to determine its length “as located,” because of
failure on the part of railroad companies to state the length of road, and because such
information was not necessary to this office in the adjustment of a grant, and had not
therefore been previously ascertained. In order to determine what roads had not
been completed in the time named in the granting acts and amendments thereto, it
was necessary to examine every grant made to a State or corporation, such fact, like
the preceding one referred to, not being a necessary concomitant in the adjustment
of a grant since the Schulenberg v8. Harriman case, hereinbefore referred to.
For many years past the majority of the force of the railroad division of this office
has been engaged in the settlement of contests between settlers and railroad compa-
nies, and the increase of that class of cases has been so rapid, the rulings of the exec-
utive and judicial departments of the Government so diversified, and new legislative
acts relative to land grants so numerous, that but a small portion of the division
could have been assigned to the adjustment of railroad grants without detriment to
the interests of settlers, which have been considered paramount to others in conduct-
ing the business. When it is understood that to properly adjust all the grants in
question the status of each 40-acre tract must be examined and determined; that there
are not only hundreds of thousands but millions of said tracts, and that the status of
many tracts involves not one but many questions of law, the magnitude of the work
to be performed will be apparent.
The interests of settlers within the limits of these grants, the interests of the rail-
road companies and those of the people of the United States, demand that these grants
should be adjusted at the earliest possible date and the lands now withdrawn not
needed to satisfy grants restored to entry, and that the proper force of competent
clerks should be provided for such purpose. º
The resolution does not call for any copies of papers or correspondence bearing upon
the subject therein involved, consequently none have been prepared. Of course there
is on file and of record a vast amount of correspondence pertaining to the business of
these various railroad companies, and their controversies with individual settlers.
To give copies of the same would require a long time and indefinitely postpone this
report. If, however, Congress should desire and designate copies of any such corre-
spondence, they will be furnished.
The resolution is here with returned.
Very respectfully,
N. C. MCFARLAND,
Commissioner.
Hon. S. J. KIRKWOOD,
Secretary of the Interior.
812
LANDS GRANTED RAILROADS.
A.-Statement showing States and corporations to which grants have been made to aid in the
STATES.
;: &= **
3 3 'º #: Ç G. 5 re;
: 3 g :33 $3 .8 3
& re; tº . º ºn & go ..Sº
sº §§ .3 re; © à gº § ſº
.3 d5 33 # ‘E 3 ă º ~. E.
Fº : 5 ,3 3. 5 rc . 3
: #| 5 || |##| #3 | 83 | ## 3
bºrº sº O T— - C
# # ;: #: Aft; # º Name of railroad.
rº d) go ºn 3 * re: 63 E.
§g | ## #73 ºf B 53 ºr £ 3 g
tº º £: 35 --> SP rº $º º ſº
#| # || |##| # | 3:# | # §
© E 3 E. : $–4 H #3 rº- rº
à | #| ||##| # | # ; $3
dº & ce |. & •º Po cº cº cº
2. ſº # ſºld F-4 f := E-4 ſº Q
Miss-|Aug. 11,'56 |11| 30| 10|------------|-----------. Aug. 11,'66|------------ Gulf and Ship Island.a.
Aug. 11,'56 |11] 30 10------------|------------ Aug. 11,'66 |------------ Tuscaloosa and Mobile
(from Meridian to the
Alabama State line). b
Aug. 11,'56 |11] 30 10------------|-----------. Aug. 11,'66 |-----------. Mobile and New Or-
eaſt S.C.
Ala -- Aug. 11,'56 |ll 30, 10------------|------------ Aug. 11,'66 |------------|------ do --------------.
La.--|Aug. 11,'56 [11] 30 10------------|------------ Aug. 11,'66 |------------|-----. do --------------.
Ala ... June 8, '56 [11] 17 10------------|-----------. June 3,'66 ------------ Coosa and Tennessee.d
June 3,’56 |11| 17 10|------------|-----------. June 3,'66 ------------ Coosa and Chattooga.d
June 3,'56 |11||17| 10|------------|-----------. June 3,'66 ||------------ *ś, and Beard's
June 3,’56 |11||17| 10------------|------------ June 3,'66 ||-----------. Mºhis and Charles-
OD. C.
June 3,'56 |11| 17 10------------|-----------. June 3,'66 ||------------ Mobile and Girard f...
Jurie B,’56 |11||17| 10|------------|------------ June 3,'66 ||------------ Selma, Rome, and Dal-
May 23,”72 |17|159]... ton, formerly Alaba-
ma and Tennessee.g. -
Mar. 3,'57 |11|195] 10|------------|-----------. Mar. 3,'67 ------------ Savannah and Albanyh.
Fla -- May 17,'56 11 15, 10.-----------|-----------. May 17, '66 -----------. Atlantic, Gulf and
West India Transit,
formerly Florida
Railroad.
May 17,'56 |11 15, 10|------------|------------ May 17, '66 |.----------- Pensacola and Georgia
- (Lake City to Pensa-
cola).i.
May 17,'56 |11| 15, 10|------------|------------ May 17, '66 ||------------ IFlorida, Atlantic and
Gulf Central (Jack-
sonvilleto Lake City);
La -- June 3,'56 [11] 18, 10------------|------------ June 3,'66 |------------ North Louisiana, and
Texas, formerly
Vicksburg, Shreve-
port and Texas.
June 8,'56 [11] 18, 10------------|-----------. June 3,'66|------------ Railroad from New
Orleans to the State
line in the direction
of Jackson, Miss.k
Ark--| Feb. 9,’53 |10|155 101------------|------------|------------|------------ Little Rock and Fort
July 28, '66 [14338.... July 28,'66 10 years | May 13," | Feb. 17,'79 Smith.l
#: 10, '69 16ſ 46 from date
ar. 8,"70 16||76 act took
effect. -
July 4, '66 |14 83 (*) -----------.]-----------. July 1,"71 ||------------ Iron Mountain m. . . . . .
Mo.--| July 4, '66 |14 83 (*) ------------|-----------. July 1,"71 || June 17,”73|Iron Mountain,_new
Saint Louis, Iron
Mountain and South-
€I’In. 71,
Mich. June 3,'56 |11| 21 10ſ.-----------|-----------. June 3, '66 |------------ Detroit and Milwaukee
Mar. 3,'79 |20490 (Grand Haven to
Owasso).o
June 3,'56 |11| 21 10ſ.-----------|-----------. June 3,'66 ||------------ Port Huron and Mil-
Mar. 3,'79 |20,490 waukee (Owasso to
Port Huron).p
June 3,'56 11| 21, 10------------|------------|------------|------------ Jackson, Lansing and
14| 78....|July 3,'66 || 7 years June 3,"73 Saginaw (north of
from June Lansing), and North-
3, '66. ern Central Michigan
Mar. 2,267 14.425 (south of Lansing),
Mar. 3,”71 16586 formerly Amboy,
Lansing and Traverse
Bay.g


* Five years from July 1, 1866.
LANDS GRANTED RAILROADS.
813
construction of railroads which have not been completed within the time required by law.
STATES.
# | 3 || 3 | # à | #3 | # |##| 3: | ###
3 | ##| | # # | 3 | #3 || 3 | | #s 3 gº .
;3 § 3. §§ jº ;: 3: frº; ă3 .3: §§§
# # # iás || || | # #| 3 | #:
rt; C &- o H rº; © egº: © º: © @ $º dº
tº 2 §§ § 2 3 # | #| 35- # # ºf # 8.5
.# #5 | #3 | ###| | ##| ###| #; ##| #: 3 & 2
# # | # ##| #|###| # |##| # #'s.
a #ä #. #3 #3 # 5 g §§ #: É # gāg
Q B : e-'º gº &-4 4- 3 o $ 3 º •º.3 : 5
F: ‘S 5 ;: | # | | | # $4 ‘s: | g : ####
spºº, # | #3 || 3:# | 3 || 3: # | ##| #g | ####
:5 5%; ; : º: £ | 3 | # 3-5 g 3 & ### #585
bſ) rº cº 8.33 || 8 © 24 dº ### 33 gº is
5 ă ă" | ###| 5 |###| # |ff; | ###| | ####
H 2. ź. 2: 2. 24 <! 2, 3 ſº H
170 None ... None ... 170 170 6 652,800 ------|------------ None
* Gº tº dº ſº dº tº gº tº gº None --- None ---|----------|------ 6 --------------|------|------------| None
* * * * * tº gº tº as sº None ---| None ---|----------|------ 6 --------------|------|------------| None.
is sº is sº tº gº tº º ºs & None ---| None ...l.---------|------ 6 |--------------------|------------| None.
* * * * * * * * * * None ...! None ---|----------|------ 6 --------------------|------------| None.
36# None ... None ---|----------|------ 6 140,160 |------|------------ 67,784.96
37% None ...! None ---|----------|------ 6 144,000 ------|------------| None.
* = E = E º ºse º e º None ---| None ---|----------|------ 6 --------------|------|------------| None.
* * * * * * * * * * None ---| None ---|----------|------ 6 |--------------|------|------------| None.
223. 6 ----------|----------|----------|------ 6 858,624 |------|------------ 504,145.86
167.35 100 43.93 67.35 23.42 6 641,285 |------|------------ 457,215. 37
s = * * * * g º sº gº tº None None ---|----------|------ 6 --------------|------|------------ None.
305 155 44, 88 150 105. 12 6 | 1, 171,200 ------|-----------. 290, 183.28
307 ----------|----------|----------|------ 6 | 1,178,880 |------|------------ 1,275, 579, 52
59 • * * * * * * * * = i < * * * * * * * * * 1 s = * * * * * * * * 1 s s s as s = 6 226,560 ------|------------ 29,384.18
189 94 None ...| 95 95 6 | 725,760 ------|------------ 353,212.68
$º gº s is º & tº e º a None ---| None ---|----------|------ 6 --------------|------|-----------| None.
165. 16 159. 43 5. 73 5.78 | Nonel.-------|---------...-- 10 | 1,057,024 916, 740. 34
ge tº tº m s tº se is as as None ---| None ---|----------|------ 10 --------------|------|------------| None.
94 20 77.84 77.84 || None 10 601,600 • * * * * * 1 s = • * * * * * * * * * None.
110 !----------|----------|----------|------ 6 | f 355, 420 ------|------------ 30,998.75
90% ---------. 60 | ---------|------ 6 | fö13,384 .-----4------------ 6,468.68
gº tº º ſº ºn tº º ºs º º 188, 10 73. 27 73. 27 | None
290 e is gº tº ſº us & e º e ] tº º sº as sº * * * * * : * * * * * * * * * * | * * * * ºn tº 6 fl,052,469 e as e º ºs s \ is ºn as a tº ºs e º 'º º 'º º 743,009. 36
60 20 -

+In these estimates deductions were made for conflicting grants.
814
LANDS GRANTED RAILROADS.
;
A.—Statement showing States and corporations to which grants have
STATES-
3 dº rº •P -: *: ; g g
à | # à | # ºf #
§ º: . # £3 3.º. GD $
rº §§ #| 3 à 5's § 'E,
3 . --> 9 5 § ": & £3 rº- 8
, c. 32 § 3 #: § 5 F. : rº; ©
'E'; : -º .E. C. §§ ; , "G Tºrº; Ž
så j || |##| #: | * g | # #
g; # † : #: Ää § º Name of railroad.
3 3 G a rº CD cº rº CŞ cº
#: ## § 3 ; P. ## s §§ g
* 5 5'E, #2, #3 #33 3 ° g
$.5 § 5 |g| |=#| 33 #E. .# º
tº ‘5 à |3| . .” &#-f * @ 8 §: §:
Q Q 5 § Q 3:5 $ 33 Q $
ă 3 $ CŞ fi 3.3 5 Pºrº $ cº
2. P tº AH (E- Q & E+ R ſº
Mich. June 8, '56 [11].3H 101------------|------------|------------|-----------. Marquette and Onto.
13;|----|June 18,'64. 5 years a g on, new M ar-
June 18,'64 13409 quette, Hough t on
Mar. 3,'65||1339|----|------------|------------ Dec. 31,”72 and Otonagon. r
- lsº --| May 20, '68 Until Bec
f 31, '7
Apr. 20,’71 17643
June 8, '56 [11] 21| 10|------------|------------ June 3,'66 |-----------. Ontonagon and State
Line, now Ontonagon
and Brule River.g
Iowa. May 12, '64 |13, 72. 15).-----------|-----------. Sept. 20,'81|-----------. Sººty and Saint
aul. t.
Wis...] June 8, '56 |11 20, 101------------|------------|------------|------------ West Wisconsin, for-
May 5, '64 13 66|--|--| May 5, '64 || 5 years....|May 5, '69 Jan. —, "71 merly La Crosse and
- (Madison Milwaukee, and To-
to Tomah). mah and Saint Croix.w.
15257|---. July 13,’68 || 3 years.... May 5, '72 |Apr. 16,"72
(To m a h
- to Saint
Mar. 3, '75 |17|634 Croix).
‘June 8, '56 |11/ 20, 101------------|------------|------------|-----------. North Wisconsin, for-
May 5, '64 |13 66----|May 5, '64 || 5 years....] May 5, '69 j% Saint Croix
- and Lake Superior,
now Chicago, Saint
Paul, Minneapolis
and Omaha. v
May 5, '64 |13|_66 10------------|------------|------------|------------ Wisconsin Central,
June 21,'66|14360 formerly Port a É. .
18, 28....|Apr. 9, '74 | Until Dec. Dec. 31,”76 Winnebago and Su-f
* 31, '76 perior.w -
Mar. 3, 75 |18511 -
Minn. Mar. 8, '57 11:195 10------------|------------|------------|------------ Saint Vincent exten-
July 12, '62 |12624 sibn of Saint Paul
Mar. 3, '65 |13,526|.... Mar. 3,'65 || 8 years.... Mar. 3,73, and Pacific (East
July 13,'66 |14. 97 extended Saint Cloud to Saint |
Mar. 3, '71 |16588 to— Vincent) now Saint
17631|....|Mar. 3, 73 || 9 months...| Dec. 3,'73 || Dec. 23,"79 | Paul, Minneapolis
June 22.”74 #: ió June 22,”74 8 wears. and Manitoba.a.
une 22, 1195, 10]. ----------- €3.I'S -
Mar. 3, 57 13:526...] Mar. 3,765 sy * * * * * * Mar. 3,'73 W. †
Mar. §§ 14 gº....|.......'............. ejº, Jah;1, 4| #.'ssº;
July 13, '66 |16588-- - - ----------- 9 months engeq.9 ’78. rançn .
} 3 Dec. 3, ,”73 and Pacific (Watab
Mar. 3, 71 |17631|....|Mar. 3, '73 | to Brainerd)
June 22.”74|18:203-...] June 22,"74 |....... --. J -?/
July 4, '66 |14|87 10]------------|------------ Feb. 25,”77 | Dec. 8, '79 | Southern Minnesota
July 13,66|14. 97 Railway Extension.2
July 4, '66 |14|87| 10|------------|-----------. Mar. 7, '77 | Dec. 15, "79 || Hastings and Lakotaaa
July 13,’66 |14|97
May 5, '64 |13| 64 8|------...-----|------------ May 5, 73 | Feb. 28, '73 Lake . Superior and
July 13, '66 |14|93 Mississippi.bb
July 13,'66 |14 #


*In this estimate a deduction was made for a conflicting grant.
LANDS GRANTED RAILROADS.
815
been made to aid in the construction of railroads, &c.—Continued.
Continued.

º8ºJoſe uſ “eq
Áður esſeo#sº ‘quºqeď KQ Jo
‘848ĮIpęAOIdde gouſoņeogļņJøößq
eºqūſē 13 øųą oſpę. Lięgstřēją spuārī
437, 385
197, 584.70.
407,910, 21
842,866
843,897. 56
575,844. 56
1, 174,330.03
f 121,462. 31
452,775.95
312,770.27
860, 564.09
‘quae Iº eųą
40 SqļūIĮĮ 9ųą ug p008Iquiº (søJob
uſ) pusi jo ºhňuumb poſsuins，
sº e º º tº tº e - tº - tº *
s sº gº sº º ºs e º º ºs = ºr
1,787,953
,400
988,288
1,
ºpeo.Iſſo ºlțur qobº Iog pºque 15 seroe
Oý93ūļuț84ūIoo suſoņ038 go Jºquin NL
10
10
10
"pºquerº os søroſb go Jeq
-tūmuſ 9q3 go 9ņgurņ89 94ēurpzoïdd y
627, 200
232, 848
*487,240
243,712
ºppo I go oſſui qobº
Joſ pºque Iº ºuroſqoºs Jočí bºje go
�AȚļ09đ89JI! “suſoņ098 go Jºquăn NT
10
6
10
10 1,408,452.69 |......
10 | 1,800,000
10 2,009, 600
10
"pºļºſduuoo
-Un Aotſ pēOI JO Sø[ſuſ. Jo JequIn NI
46
264
None 6 & 10 | 1, 305,600
106
84
None
None
None - º ºs º ºs ºs as s º ºs º tº ſº tº º ºs - - - - - as
ºpºqº [diutoo uſo9q}}
pȚnoqs pºol uøqAAøqºpļº p9qø[
-UTIOoun pēOI JO SÐUſuſ go Jequum N.
46
75
26%
39
226
110
174
54.21
130E ºn None]. ------.
128. 1
124.42 | Nonel........
“qyra 13 go uſoņeuțđxø Jøgge
pºļºſduu00 peoIJô Sºſſui JoJº quam N.
None ...
20
None ...
39
120
26
174
54.51
130E ºw
128.1
124.42
“que Iº go troņaerțđxe eroyoq
|p940IduIOopeo.I josĢIļūIŲo Iêquim N.
52
None ...
56#
217. 09
None ...
231
140
None ...
1494%
74
30
ºpºgeo
-OI Á 19ļļugøp seſ sēņuſ uſ qȚºuer I
75
83#
244
226
314
54.21
27.94%
202. 1
154.42
#
ipley reservation relinquished August 10, 1881, leaving 109,116.07 acres
346.24 acres in Fort R.
?
chargeable to road.
#12
816 - LANDS GRANTED RAILROADS.
NOTES TO TABLE A. (Pages 812 to 815.)
a Grant treated as forfeited after August 11, 1866. -
b No map of location or evidence of construction on file.
c No map of location filed. Grants treated as forfeited after August 11, 1866.
d No evidence of construction on file.
e State refused to accept grant.
f]\ſo evidence of construction on file. Believed to be constructed from Girard to Troy, 84 miles.
g Road beyond Jacksonville not built on located line for 23.42 miles. Act May 23, 1872, confirms all
the lands certified for the company up to that date.
h No map of location filed.
i No evidence of the construction of any portion of the road on file. Believed to be constructed a
distance of 150 miles.
j Believed to be constructed. No evidence of construction on file.
k No map of definite location filed.
! Act July 28, 1866, increases grant to 10 sections per mile. Act of April 19, 1869, extends time for
completion of first 20 miles of road. Act of March 8, 1870, repeals the proviso of the act of April 10,
1869.
m Road never definitely located.
n Road constructed by a different line from that of definite location, and 74 miles thereof never ac-
cepted.
o No evidence of construction on file. Road believed to be constructed. The act of March 3, 1879,
released to the State the reversionary interests of the United States in the lands certified.
p Believed to be completed. The act of March 3, 1879, released to the State the reversionary interest
of the United States in the lands certified. -
g Act of March 2, 1867, extends the time for completion of first 20 miles of road. Act of March 3,
1871, authorizes change of northern terminus of road.
r Joint resolution of June 18, 1864, explains the act of that date extending time for completion of
road. The act of March 3, 1865, increases grant to ten sections per mile. Act of April 20, 1871, author-
izes a relocation of a portion of the road. - -
& The lands certified were afterwards relinquished to the United States.
t The act of May 12, 1864, required the completion of the road within fifteen years from date of ac-
ceptance. Company accepted grant September 20, 1866.
w Act of May 5, 1864, increases grant to ten sections per mile from Tomah to Saint Croix Lake. The
act of March 3, 1873, authorizes the company to select indemnity for certain lands lost.
v Act of May 5, 1864, increases grant to ten sections per mile.
w June 21, 1866, resolution explanatory of the act of May 5, 1864. Act of March 3, 1875, authorizes
the company to straighten their road. -
a: Act of March 3, 1857, authorizes branch via Saint Cloud and Crow Wing to Red River. Joint reso-
Hution July 12, 1862, changes route of branch to Lake Superior. Act of March 3, 1865, extends time and
indreases grant. Act July 13, 1866, grants indemnity in certain cases. Act March 3, 1871, authorizes
change of route. Act June 22, 1874, extends time for completion. Not operative.
LANDS GRANTED RAILROADS. 817
Notes ce cable “A,” pages 812 to 815—Continued.
v Act March 3, 1865, extends time and inereases grant. Act July 13, 1866, grants indemnity in cer-
tain cases. Act March 3, 1871, authorizes extension of time from Crow Wing to Brainerd. Act June
22, 1874, extends time for completion of road. Not operative, 16.13 miles of road within Fort Ripley
reservation, and company not entitled to lands. -
2 The act of July 4, 1866, required the road to be completed within ten years from date of acceptance.
Grant accepted February 25, 1867. Act July 13, 1866, provides for certification, &c.
aa. The act ofJuly 4, 1866, required the road to be completed within ten years from date of acceptance.
Grant accepted March 7, 1867. Act of July 13, 1866, provides for certification, &c.
bb The act of July 13, 1866 (14 Stats., 93), authorizes deficiency to be of made up of lands within 30
miles west of line of road. Act of July 13, 1866 (14 Stats., 97), provides for indemnity in certain cases.
Not to diminish grant to this road.
52 L O—WOL III
318
LANDS GRANTED RAILROADS. -
ºn
A.—Statement showing States and corporations to which grants have
CORPOR

Names of corporations
to which grants have
Abeen made.
i
#
Effect of acts.
Location of the grants.
Northern Pacific Rail-
road Company.
California and Oregon
Railroad Company,
Inow Oregon Branch
of the Central Pacific
JRailroad.
Oregon Central Rail-
road Company, now
Oregon and Califor-
nia Railroad Com-
39any.
July 2, '64
May 7, '66
July 1, ’68
Mar. 1, ’69
Apr. 10,’69
May 31,”70
July 15,”70
July 25,'66
June 25, '68
Apr. 10,’69
July 25,'66
June 25,’68
Apr. 10,’69
1
3
1
4
15
15|
16
16
16
14
15
16
14
15
16
365
355
255
346
57
378
305
239
8
0
47
239
8
0
47
Granting act. Required com-
letion of entire road by
uly 4, 1876.
Resolution. Extended the
time for commencing and
completing the road two
years.
Resolution. Extended the
time for commencing work
on the road two years, and
required the completion of
the entire road by July 4,
1877.
Resolution. Consented to the
issue of bonds, &c.
Resolution. Authorized the
extension of the branch line
from Portland, Oreg., to Pu-
get Sound.
Resolution. Authorized the
issue of mortgage bonds;
reversed the location of the
main line and branch in
Washington Territory, ex-
tended theindemnity limits,
C

&C.
Proviso. Required the com-
pany to pay the cost of sur-
veying, selecting, and con-
veying lands granted before
>
the issue of patents.
Granting act. Required com-
pletion of the entire road on
or before July 1, 1875.
Extended the time for com-
lºng the road to July 1,
Provided that the lands
granted shall be sold to act-
ual settlers only, in quanti-
ties not greater than one-
quarter section to one pur-
chaser, and for a price not
exceeding $2.50 per acre.
Granting act. Required com-"
pletion of the entire road on
or before July 1, 1875.
Extended the time for com-
lºng the road to July 1,
18
'Amended granting act. Also,
Wisconsin, mainline..
Minnesota, mainline..
Dakota, main line.....
Montana, main line...
Idaho, main line.
Oregon, main line
Washington, main line
Washington, branch..
provided that the lands
granted shall be sold to act-
ual settlers only, in quanti-
ties not greater than one-
quarter section to one pur.
chaser, and for a price not
exceeding $2.50 per acre.
Oregon ---------
- - - - -
LANDS
819
GRANTED RAILROADS.
been made to aid in the constrnction of railroads, &c.—Continued.
Remarks.
ATIONS.
º: * E. Ç 2 . 9 . º
; : § # 53|##|5; ă
§ 5 3 º g #|##|##| #
§ |sº F. . à #3|33 |##| 3 5
.8 || 3-3 Rºº.43 rº 35 |#5 || 3 || 5, ©
ra £º: = 3 r: <- || “… Tº ‘H 8 ***
cº © 3 F. : *t T. S. E.3 ||38|| 5 re: •
... & R. § bſ P . $2 a | #g |º 3 || 3 QX
3 : Sze- - do © rºd §§ 53 #3 = ~$º
,37; S > º rº dº *:::5 || 3:5 |: ; E ſº
ºf $ 3. *::::: 32 --> 23| £3 ||3: Ç . •
- 22 .3 © GD 8 : 8 : |3,St. §: -* Ps
F 2 |S – P-5 º'E, 3 & P & 5'5. 3 3.3
E & on 3 3rd § 5 * 3| ºn 3 |z 3| : 3.
T. & F.- 3'3 H 3 on 3 || 35 3 | dº º on dº
rººf ºil .3°, 5 § 2 & 3 |#: ; * : §
§ 3 ; ## ă ##| #3 |##| 3 || 3
$–, tº H tºº Gº º **
£4– <- .9 re à E. $'; 3 ºf ſºrº: ‘s ‘s
Q o'- § 2 * $: º, 3 - * H $ºd
º: 5 $3 B: £º 35 42 (E | 92 Q
# = | # 3 ##|####| | | |
p cº E : ;
5 : § ſº zº Z" |za 2: 2:
92. 20 907,520 00 July 4, '79 |.-- *.... 92.-----------
236 20 4, 301,440 00|--.......... 228 §--- 8; 743,493.44
374 40 8,432, 640 00|- - - - - - - - - - - - 197; 177, 1771. --. -i.-----------
770, 40. 17, 838,080 00|.......----. ....] 770 73| 697. --- - - - - - - - -
72 40. 1,900, 800 00|...--------- ----| 72 45 27------------
gs m = - = & 40 3, 575,68000|------------|----|-----|--|--|-----|------------
# #311,258,880 00............ 106;#18 ºl.º.º.º.º.
----L---|------------
2,270. ---| 48,215,040 00|-----------. 5311,739, 4751,264.746,509.52.
288. 20, 2,126,526 78 July 1, '80 152 136].... 1361,337,919 12
315, 20 3,701,760 00 July 1, '80 | 197| 118.... 118 322,062.40

<
The date given for the comple-
tion of this road is that fixed
by the decision of the Secre-
tary of the Interior, dated
June 11, 1879 (see General
fami office Report for 1879,
pp. 109 to 111).
The limits of the main line and
branch in Washington Ter-
ritory overlap and the area.
in the overlapping limits is
ſ

[The
estimated as part of the
grant for the main line only.
uantity of land within
the limits here given is the
amount found by an actual
examination made hereto-
fore. An examination under
existing rulings would prob-
ably increase it.
No definite location north of
township 46 north, range 5
west, Mount Diablo merid
ian, and no lands withdrawn
north of said township.
No definite location south of
township 30 South, range 5
west, and no lands with-
drawn south of said town-
ship.
820
LANDS GRANTED JRAILROADS.
A.—Statement showing States and corporations to which grants have
CORPORATIONS
3
§
's
cº
#
§§
tº:
Names of corporations Ste-s
to which grants have # Effect of acts. Location of the grants.
been made. # 5
# =
gå
##
* &
© §
§ #| #
cº 3
P tº Pl
ſ|| Missouri, mainline. --.
Arkansas, main line ..
Arkansas, branch----.
Atlantic and Pacific July 27, '66 || 14 292 || Granting act. . com- || Indian Territory, main
Railroad Company. pletion of the whole of the line.
* main line by July 4, 1878. Indian Territory,
Apr. 20, "71 || 17 | 19 || Authorized the company to : branch.
mortgage its roads, lands, Texas, main line.----.
&C. New Mexico, main line
Arizona, main line. --.
Nevada, main line ---.
| | California, main line..
Southern Pacific Rail- July 27, '66 || 14 292 | Sec. 18. Granting act. Re-
road Company of Cal- quired completion of the
ifornia, main line. Whole road by July 4, 1878.
& July 25, '68 15 187 || Allowed the company until
July 1, 1870, for construction
James."ol is lºss | Rºº
Ulle Olùù0I). uthorized con- g g
struction on the route indi- | California........ º e º º ºs
cated by the map filed in
the Interior Department
Janu 3, 1867, and pro-
vided for issue of patents
for lands along each section
constructed. d
Oregon_Central Rail- || May 4, '70 | 16 || 94 || Granting act. Required.com-
road Company. pletion of the entire road (, | Oregon, main line. ----
within six years from the ſl Oregon, branch -------

date of the act. -
LANDS GRANTED
821
RAILROADS.
been made to aid in the construction of railroads, &c.—Continued.
—Continued.
$–t rº * tº
o 3 # 5 ăslăg #5 3.
rº ſº © 3 º, Š 3 || 3 || - 3
3 ||3: cº GD ##| # 8 |: ; ; Q
c; tſ, P. 3 o do ſº do | < ~.
º * .5 o cº q2, c. º,3 & E. Q •º
3 |3.3 t; sº .55 gº || 5 | E. C
2 |5 § º: ; r: #3 & 8 º’s] a •º
* |##| à tº TE # = | #: ; *| 3 º
tº . S. *- * Go ºre; 35| # 5 ||38|| 3 •º
.33 ||3: 3 *— tº º dº 3&#| 3: Bră| E ;:
*F 3 |< q> c +* &2 --> §§ E3 |3.3 3 tº
-- sº | F. SE red £ B O) Ǻ 3 & Cº. &
- * | 3 º' --> āş 3.3 || Gº 3 || 3 Ǻ
# 33 ; : # * (##| #3 ||38|| # §
*— dº $4 arº +º º: +...º k-º &- *
* I's & rº # 3 Sº sº; sº s ©
© *- 3 º: H 4 || H H 94 | H 5-4
rº Q cº 5: 32 °F; §§ 2 <!- || 32 GD
+2 --> rº º rº wº rº
# |ā # # |##| ##|##| 5 || 5
QP tº cº
tº $4 º ſº zº Zºe Z"| 2: 2.
(No grant in Texas.
No withdrawal of lands
within the limits of this
ant in Nevada and In-
ian Territory has been
ordered.
In addition to the amount
patentedin Missouri, here
given, 429,084.18 acres
89 20 1, 100,160.00 July 4, '78 | 89 |------ tº º ºs e i s - e - - - 485, 871.75 certified to said State
- - - - - - - - ---|----------------|------------|----|------|----|------| 18,082.61 prior to July 27, 1866, and
5 20 72, 320.00|------------ - - - - 5'---- 5'------------ 3,130.97 acres patented to
355 | 40 l l ſ ---------- 36 319|. -- 319|------------ . *:::::::::: *::::::::
- allundertºne grant of June
295 || 40 × 13, 170,560.003 .......... ----| 295]----| 295]------------ 10, 1852 (10 Stat., p. 8), for
the Pacific and South-
200 ----|----------------|------------ ---. 2001----| 2001-----------. western Branch Rail-
416 || 40 10, 215,680.00|------------ ----| 416. 167] 249 23,037.36 road,” are now charged
380 | 40 9, 242,240.00|------------ • * * * 380 33 3471.-----...----. against the nt to the
* * * * *- - - 20 34,560.00|------------|----|------|--|--|------|------------ Atlantic and Bacific Rail-
686 20 6,855,040.00|------------ ....| 686. -- 686------------ road Company as succes-
sor to a portion of the for-
2,426 |.---| 40,690,560.00|------------ 125 2, 301| 200 2, 101| 526,991. 72 mer company's road.
= . --- The land patented in Ar-
kansas is within the 30
mile (indemnity) limit of
the main line in Missouri.
No datefixed for completion
of the branch. Allowance
made for overlapping
limits of main line an
branch in Indian Terri-
tory.
Area of this grant ascer-
522 20 5, 511,264.26 July 4, '78 |232 290 .... 2901, 037,910. 11 tained by actual examin-
== ation heretofore.
(The branch is nearly all.
122 || 20 } 1, 130,880. 00 { May 4,”76 || 25 97|- - - - 97. None ..... i within the limits of the
22#| 20 1 awvy ºvve | tº e º ºs º ºs ----| 22#|------ e e s is i e º ºs º º - None ..... main line, and the esti-
mate here given is for the
* --- 1, 130,880.00).----------- 47; 971. -- 971-----------. main line only.

822 LANDS GRANTED RAILROADS.
A.—Statement showing States and corporations to which grants have
* CORPORATIONS

Names of corporations
to which grants have
been made.
#:
i
#
Effect of acts.
Location of the grants.
Texas Pacific Railroad
Company, now the
Texas and Pacific
Railway Company.
New Orleans, Baton
Rouge and Wicksburg
Railroad Company,
now New Orleans]*a-
cific Railway Com-
pany.
Mar. 3, '71
May 2,72
June 22, '74
Mar. 3, '71
1.
6
17
18|
16
573
197
573
assage of the act.
spiciº
Granting act. Required.com-
pletion of the entire road
within ten years after the
Inged the name; author-
ized the issue of construc-
tion bonds; required con-
struction or operation of a
road from the eastern ter-
minus at Marshall, Tex., to
Shreveport, La., provided
that the entire line from
Marshall to San Diego, Cal.,
should be completed within
ten years from the date of
is act, &c.
Authorized the issue of one
or more mortgages, and pro-
vided that the roads of the
Southern Pacific Railroad
Company and the Southern
Transcontinental Railway
Company, theretofore con-
solidated with this com-
any, under the laws of
exas, shall be deemed and
staken to be a part of its road
for all purposes, &c. A
>
quired completion of the
wholeroad within five years
Sec. 22, Granting act. ;
from the date of the grant.
Texas ----------------
New Mexico. --...-----
Arizona
LANDS GRANTED RAILROADS. 823
been made to aid in the construction of railroads, &c.—Continued.
—Continued.

i
Remarks.
|
|
!
|
ă
*-*-
ſ No grant in Texas.
The length of road in Texas
here given is that of the line
fixed by the granting act.
The constructed road given
4× - is part of this line.
It is understood that this.
Company has constructed:
and is now operating its.
795'----|---------------- May 2, '82 | 181| 614----| 614.----------. road to the western bound-
160 40 3, 537, 680.00|............ ----| 1601. ---| 1601 None...... ary of Texas, but no proof
378 40|| 9,466,880.00|............ ----| 378----| 378. None.----. of construction west of the
150 20 1,315,200.00).----------- ---. 150----| 150. None...... 3 181 miles here given has
- been filed.
1,483|----|. 14, 309, 760.00|----...----- 1811, 302|--|--|1,302.---...----. Proof of construction, under
== == the act of 1872, of a road&
from Marshall to the east-
ern boundary of Texas, as
distance of 20 miles, has.
been filed.
The company has also filed
maps showing 221 miles of
branch lines in Texas con-
structed or acquired under
| authority of the act of 1874.
ſ The area within the limits of
#his grant here given is the
amount of vacant land.
available for the grant,
found by actual examina-
tion heretofore.
This company has recently.
filed in the Department.
318| 20 903,218. 61 Mar. 3, '76 ||----| 318|----| 318| None...... & proof of the completion of
130 miles of road, 60 of
which were constructed by
the New Orleans, Mobile,
and Texas Railroad Com-
pany, but this office has
not been advised of the ac-
ceptance of any portiora
thereof.
824 LAND PATENTS TO RAILROADS.
[H. Ex. Doc. No. 29, Forty-seventh Congress, second session.]
LAND PATENTS To CERTAIN RAILROAD COMPANIES.
In answer to a resolution of the House of Representatives of December 14, 1882.
Letter from the Secretary of the Interior, in response to a resolution of the House of Repre-
sentatives in relation to land patents to certain railroad companies.
DEPARTMENT OF THE INTERIOR,
Washington, December 29, 1882.
SIR: In answer to House resolution of the 14th instant, calling on me for informa-
tion as to lands patented to railroad companies after the time fixed by law for their
completion and copies of decisions and opinions on this subject, I have the honor to
transmit herewith copy of the report of the Commissioner of the General Land Office
on the resolution of this date, with the accompanying papers; also copy of the opin-
ion of the Attorney-General of the 13th June last, in relation to lands claimed by the
New Orleans Pacific Railway Company, in answer to questions submitted to him by
my immediate predecessor. On this opinion no action has been taken by this De-
partmº. full
ery respect
ry resp y; H. M. TELLER,
Secretary.
The Hon. the SPEAKER
of the House of Representatives.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D.C., December 29, 1882.
SIR: I have the honor to acknowledge the receipt on the 16th instant, by reference
from you for report, of a resolution of the House of Representatives, passed the 14th
instant, as follows:
“Resolved, That the Secretary of the Interior be, and he is hereby, directed to in-
form the House, at the earliest practicable period, whether any of the lands heretofore
granted by Congress to any railroad company to aid in the construction of its railroad,
and to which such company was not entitled to patents at the time when the period
expired within which, by the terms of the law making such grant, such railroad was
required to be completed, have been patented to such company since the expiration
of the period within which such railroad was required by law to be completed; and
if any such patents have been issued to any such companies that he inform the
House how much land has been patented to each of the land-grant railroad companies
for land to which they were not entitled to patents when the period within which their
respective railroads were required to be completed expired, and the date of such
patents; and that he also inform the House by and under what authority such patents
were issued, and furnish to the House copies of all decisions made by the Secretary
of the Interior in relation to the issuing of patents to any of such land-grant railroad
companies for lands for which they were not entitled to patents at the expiration of
the period above named; and also copies of all opinions and decisions made by any
†: ofy the Government in relation thereto and filed in the Department of the
nterior. .
The railroads for the benefit of which patents or certificates (as the case may be)
have been issued for lands lying opposite portions of such roads not completed within
the period required by the law making the grant, and for which the patents or cer-
tificates have been issued since the expiration of said period, are as follows:
Jº Al II, R O A D S I N M I N N E S O TAL.
SAINT VINCENT EXTENSION OF SAINT PAUL AND PACIFIC, FORMERLY BRANCH LINE
OF SAINT PAUL AND PACIFIC, NOW SAINT PAUL, MINNEAPOLIS AND MANITOBA
RAILROAD.
The grant for this road was made by act of March 3, 1857, and amendments thereto of
July 12, 1862, March 3, 1865, March 3, 1871, and March 3, 1873. The road should have
been completed December 3, 1873. On that date only 140 miles had been completed,
leaving 174 miles unfinished, and which was not completed until December 23, 1879.
The following described patents issued to the State of Minnesota for the benefit of
LAND PATENTS TO RAILROADS. 825
said road conveyed the amount of land specified, which lies opposite portions of the
road not constructed December 3, 1873:
Acres.
Patent No. 1, January 14, 1875 ----------------------------------------- 157,731.45
Patent No. 2, July 12, 1880---------------------------------------------- 355, 746.67
Patent No. 3, February 19, 1881----------------------------------------- 33, 524. 14
Patent No. 4, June 23, 1881 --------------------------------------------- 517. 70
Total ------------------------------------------------------------ 547, 519.96
Said patents were issued under the provisions of the sixth section of the act of
March 3, 1865. Patent No. 1 embraces 155,345.92 acres of indemnity land which,
under the provisions of section 4 of the act of July 13, 1866, the State might dispose
of, although it was not coterminous to a completed portion of the road. This would
leave 2,385.53 acres of granted land included in said patent lying opposite a section
of the road not completed in time. No specific authority appears for the patenting
of said 2,385,53 acres. , Said lands appear, however, to have been embraced in lists
certified in April and July, 1874, to the State under the act of July 13, 1866. (14 Stats.,
97.) It will be observed that the third section of said act provides—
“That all lands heretofore granted to the Territory and State of Minnesota to aid in
the construction of railroads shall be certified to said State by the Secretary of the
Interior, from time to time, whenever any of said roads shall be definitely located,
and shall be disposed of by said State in the manner and upon the conditions pro-
yed in the particular act granting the same as modified by the provisions of this
& Cly.
Certification was therefore made without regard to construction. Up to September
29, 1874, it was held by this office and Department that the title to lands granted to
Minnesota for railroad purposes passed by certification, and that no further convey-
ance was required. On said date (September 29, 1874), Acting Secretary Cowen de-
cided (copy of decision here with, marked A) that as the sixth section of the act of
March 3, 1865, expressly provides for the issue of patents, and as such provision is not
repealed in express terms by the act of July 13, 1866, patents must necessarily issue
in order to convey title. Following this decision, or on January 14, 1875, all the
lands that had previously been certified to the State for the benefit of this road were
patented to the State. Among the lands so patented are the 2,385.53 acres before
mentioned.
Patents numbered 2, 3, and 4 were issued after the completion of the road, and under
decision of Secretary Schurz, dated June 10, 1880, a copy of which, marked B, is here-
with submitted.
WESTERN RAILROAD, FORMERLY BRANCH OF SAINT PAUL AND PACIFIC RAILROAD.
(Acts of March 3, 1857, March 3, 1865, July 13, 1866, March 3, 1871, and March 3,
1873.)
No portion of this road was completed in time. Only one patent has been issued to
the State for its benefit. Said patent issued April 21, 1879, and conveyed 121,462.31
acres. Of this amount 12,346.24 acres were subsequently relinquished by the State,
and also by the company, leaving 109,116.07 acres chargeable to the road. Said pat-
ent was issued after completion of the road and under instructions contained in a de-
cision made by Secretary Schurz on February 18, 1879. (Copy of said decision here-
with, marked C; also copy of letter of this office, dated January 27, 1879, referred to
in said decision, marked Cl; copy of letter of this office, dated November 7, 1879,
marked Cs, and copy of decision, marked D, of Secretary Schurz, made October 16,
º º with opinion of Attorney-General Devens, of June 5, 1880, relative to
this road.
SOUTHERN MINNESOTA RAILWAY EXTENSION.
(Acts of July 4, 1866, and July 13, 1866.)
This road was not completed until December 8, 1879. It should have been com-
pleted February 25, 1877, but on that date only 149% miles had been constructed,
leaving 1305;}o miles uncompleted. No patents have been issued to the State for its
benefit. The company appears to have been satisfied with a conveyance by certifica-
tion, under act of July 13, 1866. On April 27, 1880, two lists of land, aggregating
169,553.13 acres, lying opposite sections of the road not completed February 25, 1877,
were certified to the State of Minnesota for the benefit of this road. Said certifica-
tion was made in accordance with instructions of Secretary Schurz, issued December
5, 1879, and accompanied by an opinion of Attorney-General Devens, dated Novem-
Aber 29, 1879. (Copy of said instructions and opinion herewith, marked E.)

826 LAND PATENTs To RAILROADs.
HASTINGS AND DAKOTA RAILROAD.
(Acts of July 4, 1866, and July 13, 1866.)
This road should have been completed March 7, 1877, but at that time only 74 miles
were completed, leaving 128.1 miles uncompleted. The entire road was completed
Becember 15, 1879. No patents have been issued to the State for the benefit of this
road, all the land approved for the road having been certified to the State under the
act of July 13, 1866. On May 4, 1880, and October 16, 1880, two lists aggregating
144,816.20 acres, lying opposite sections of the road not completed March 7, 1877, were
certified to the State of Minnesota for the benefit of this road. Said lists were pre-
pared under instructions contained in decision of Secretary Schurz, made April 17,
1880. (Copy here with, marked F.)
LAKE SUPERIOR AND MISSISSIPPI RAILROAD.
(Acts of May 5, 1864, and July 13, 1866.)
This road should have been completed May 5, 1872. On that date, so far as the
records of this office show, but 30 miles were completed, leaving 124.42 miles uncom-
pleted, which were finished, according to certificate of governor of Minnesota, on
February 28, 1873. Since the report of March 27, 1882, relating to railroads not
completed within the time required by law was made to you, I have been unofficially
informed that this road was completed in August, 1870, but the proper certificates to
that effect have never been filed in this office or Department, hence I include said road
in this report. No patents have been issued to the State of Minnesota for the benefit
of this road, all the land approved to the State for same having been certified
under the act of July 13, 1866. (14 Stats., 97.) On June 7, 1873, May 17, 1875, and
September 28, 1875, after completion of the road, three lists, aggregating 193,215.51
acres, lying opposite sections of the road not completed (per certificates) May 5, 1872,
were certified to the State of Minnesota for the benefit of this road.
RAILROADS IN WISOONS IN.
WISCONSIN CENTRAL, FORMERLY PORTAGE, WINNEBAGO AND SUPERIOR RAILROAD.
(Acts of May 5, 1864, June 21, 1866, and April 9, 1874.)
This road as located is 341 miles long, and should have been completed December
31, 1876. At that time only 231 miles of the 257 miles between Portage City and
Ashland had been constructed, leaving a gap of 26 miles, commencing at Fifield and
running north in the direction of Ashland. Said 26 miles were completed August 22,
1877, or about eight months after the proper time, and made a continuous road between
Portage City and Ashland. Eighty-four miles of the located road are still uncom-
pleted. The following is a summary of the lands lying opposite sections of the road
not constructed December 31, 1876; which have been patented to the State of Wiscon-
sin for the benefit of said road since said date:
Acres.
In patent No. 8, January 9, 1878 -----------------. ---------...------------ 12,387. 69
Patent No. 9, August 10, 1878-------------------------------------------- 29,398.51
In patent No. 11, November 23, 1882 ------------------ - - - - - - - - - - - - - - - - - , - 40,679.91
Total ------------------------------------------------------------- 82,466. 11
The first patent named (No. 8) was issued after the approval of a list (No. 8) of
selections by the State and company, submitted to Secretary Schurz, with letter of
this office dated November 16, 1877 (copy here with inclosed, marked G), and returned
by him approved, with letter of December 26, 1877 (copy here with, marked H). It is
proper to say that the statement made in said letter of November 16, 1877, to the effect
that there was but 1,377,383.93 acres in the limits of the grant for this road, evidently
relates only to that part of the road between Portage City and Ashland, and does not
include the land within the limits of the road as located beyond Ashland. Patent No.
9 was issued after the approval by Secretary Schurz of a list (No. 9) of selections sub-
LAND PATENTS TO RAILROADS. 827
mitted to him, with letter of this office dated July 29, 1878 (copy here with, marked L,
also copies of its inclosures marked Li, L2, L3), and returned by him approved with let-
ter of July 30, 1878 (copy herewith, marked K). It will be observed that the Secre-
tary directs in effect in this (said) letter, that no more patents shall issue for the benefit
of this road, “until otherwise instructed by this Department.” Mention is made in
Said correspondence of requiring a relinquishment of 41,800 acres of indemnity land
held to have been erroneously patented to the State, in view of the decision of the
Supreme Court in the case of the Leavenworth, Lawrence and Galveston Railroad
Company v3. The United States (2 Otto, 733), which seems to hold that indemnity can
only be taken for lands lost between the dates of the granting act and of the definite
location of the road. Grants were adjusted upon that theory until the receipt by
this office of the decision (hereinbefore referred to in connection with Western Rail-
road of Minnesota, and herewith, marked D), by Secretary Schurz, October 16, 1880,
and opinion of Attorney-General Devens, of June 5, 1880, in which it was held that
indemnity might be selected for losses on account of sales, pre-emptions, and other
appropriations (excepting reservations) under the land laws, made before or after the
date of the granting acts. This change in the rule rendered it unnecessary for the
Wisconsin Central or the State to relinquish the 41,800 acres referred to, as they
would under the new rule be entitled to more indemnity than they had received prior
to October 16, 1880. On the 20th of February, 1882, the Wisconsin Central Railroad
Company, through its attorney, applied to your predecessor (Secretary Kirkwood), by
letter of that date, for patents for lands within their granted and indemnity limits,
and stated that they had filed a list of indemnity land selections in this office, which
Was Teady for submission to your Department for approval preparatory to issue of
patent; also that “the selections embrace lands due for road constructed within the
limitation of the law.” (See copy herewith, marked L4.) Secretary Kirkwood referred
said letter to this office with the following indorsement:
“Has the entire line of the road been completed; if so, was it all done within the
time prescribed by the law making the grant 7"
On March 30, 1882, by letter of that date (copy inclosed, marked M), I informed
Secretary Kirkwood that the road had not been completed in time, and that 110 miles
remained uncompleted December 31, 1876, since which date only 26 miles had been
built. I also said (in effect) that if it were fully determined that the company was
entitled to the full complement of lands for 231 miles of road constructed in time, it
would be entitled to much more land than had theretofore been patented for its
benefit, but I suggested, in view of the fact that “the whole question concerning
grants which have lapsed by failure to complete the road within the statutory period
is now before Congress,” that no further steps should be taken at present looking to
the patenting of more lands for the benefit of the grant named. Previous to said
date (March 30, 1882), during the early part of the last session of Congress, Secretary
Kirkwood verbally instructed me to take no action looking to the certification or pat-
enting of lands to or for any grant where the road had not been wholly completed
in time, involved in the Congressional inquiry then pending, and I verbally instructed
the clerks in charge of such matters accordingly. All action relative to listing lands
for this road was accordingly suspended. On September 18, 1882, the company, by
letter of that date (copy here with, marked N), again applied (to you) for the issue of
patents for lands earned by the construction of sections of road in time. On October
2, 1882, by letter of that date (copy herewith inclosed, marked N1), you directed me
to submit to you for approval the list of indemnity selections in question. You ap-
proved said list (No. 10) on October 13, 1882, and patent (No. 10) was issued for the
land (all of which lies opposite sections of the road constructed in time) on October
21, 1882. On the 13th ultimo, with letter of that date (copy here with, marked N2), I
submitted to you for approval a list of granted lands aggregating 43,280.99 acres. In
said letter, through the carelessness of the clerk or ; in charge of the matter, it
is incorrectly stated (in effect) that said lands lie opposite portions of the road con-
strncted in time, whereas 40,679.19 acres of the same lie opposite the 26 miles men-
tioned not reported to this office as constructed until eight months after the expira-
tion of the time limited for completion. It is absolutely impossible for me to examine
personally details of this character, but I have taken measures to fix the responsi-
bility of this erroneous statement where it belongs, and will report the same to you
for proper action. Said certified list, however, when correctly stated, is in accord
with your recommendations and instructions in the case of the Atlantic and Pacific
Railroad hereinafter referred to, and also with the case of the Northern Pacific Rail-
road, referred to in your letter of September 18, 1882, not yet reached in the due
course of business, in both of which I am directed to issue patents for lands lying
opposite portions of the roads recently constructed out of time.
Nevertheless, had I been truly advised of the situation I would not have forwarded
said list to you without previous consultation. You approved said list on the 15th
ultimo, and on the 23d ultimo a patent (No. 11) was issued for the lands embraced in
said list.
828 LAND PATENTS TO RAILROADS.
CORPORATIONS.
ATLANTIC AND PACIFIC RAILROAD.
Act of July 27, 1866 (14 Stats., 292).
The main line of this road was required to be completed by July 4, 1878. No time
was fixed for the completion of the branch. The length of the main line is estimated
at 2,126 miles and the branch at 300 miles, making in all 2,426 miles. Prior to July
4, 1878, the road had been completed and accepted from Springfield, Mo., to Winita,
Indian Territory, a distance of 125 miles; that portion between Springfield and Pierce
City, Mo., having been constructed by the Pacific and Southwestern Branch Railroad
Company. It appears from the records of this Department that Secretary Schurz, on
October 15, 1880, requested the opinion of the Attorney-General (Devens) on the appli-
cation of the Atlantic and Pacific Railroad Company for the appointment of three
commissioners to examine a section of 25 miles of its road constructed west from
Albuquerque, N. Mex. .
On October 26, 1880, Attorney-General Devens rendered an opinion (copy herewith,
marked P) on the matter, to the effect that the grant had not been forfeited by a
'breach of the condition named in the granting act, and until some action should be
taken by Congress in the nature of a declaration of forfeiture of the grant it would be
the duty of the Executive Department to give the company the benefit of its grant.
‘On December 15, 1880, with letter of that date (copy herewith inclosed, marked R),
Secretary Schurz submitted to the President of the United States a report of the com-
missioners appointed by him to examine that section of road beginning at a point in
township 8 north, range 2 east, near Isleta, N. Mex., and running westwardly 50 miles,
constructed by the Atlantic and Pacific Railroad Company. Secretary Schurz recom-
mended that said section be accepted, and “that patents for lands earned by the con-
struction thereof be issued to said company pursuant to the fourth section of the act
approved July 27, 1866 (14 Stats., 295).” On December 17, 1880, President Hayes ap-
proved the recommendations of Secretary Schurz, who notified this office accordingly
by letter of same date (copy herewith inclosed, marked S). On January 3, 1881, my
immediate predecessor, with letter of that date (copy herewith inclosed, marked T)
submitted to Secretary Schurz a list (No. 1) embracing 23,037.36 acres of land lying
opposite the section of road accepted December 17, 1880, above mentioned. On Jan-
uary 7, 1881, he approved said list, and on January 10, 1881, a patent was issued for
said 23,037.36 acres. On April 18, 1881, 50 miles of this road was accepted, upon the
recommendation of your predecessor, Secretary Kirkwood. On January 5, 1882, 100
miles, and on December 14, 1882,250 miles of this road, all constructed since July 4,
1878, were accepted by the President of the United States, but no patents have yet
been issued for lands opposite said sections of road.
Very respectfully, -
N. C. McFARLAND,
Commissioner.
Hon. H. M. TELLER,
Secretary of the Interior.
SAINT PAUL AND PACIFIC RAILROAD, SAINT vLNCENT ExTENSIGN.
A.
DEPARTMENT OF THE INTERIOR,
Washington, September 29, 1874.
SIR: I have examined the appeal of the Saint Paul and Pacific Railroad, Saint
Vincent Extension, from your decision of August 13, 1874, rejecting its application for
patents under the act of March 3, 1865, instead of certified transcripts. "You founded
your ruling upon the third section of the act of July 13, 1866, and the practice that
has grown up in your office under it.
The sixth section of the act of March 3, 1865, expressly provides that patents shall
issue for the lands granted when the governor shall certify that any section of 10
consecutive miles is completed in a good, substantial, and workmanlike manner, and
the Secretary of the Interior shall be satisfied that the State has complied in good
faith with the requirements of law. It further provides that said lands “shall not in
any manner be disposed of except as the same are patented under the pro visions of
this act.” This language is clear, plain, and explicit. It requires the issuing of §
ents, and forbids any sale until after patent. Has this requirement been repealed?
There is no express repeal. If repealed at all, it is by implication. Repeals by impli-
cation are not favored. It is presumed that Congress, if it intends to repeal one of
its acts, or any part thereof, will use apt words to express that intent.
You held that it had repealed this provision by the third section of the act of July
13, 1866. I cannot agree with you. That section provides “that all the lands here-
tofore granted to the Territory and State of Minnesota to aid in the construction of
LAND PATENTS TO RAILROADS. 829
railroads shall be certified to said State by the Secretary of the Interior from time to
time, whenever any of said roads shall be definitely located, and shall be disposed of by
said State in the manner and upon the conditions provided in the particular act grant-
ing the same, as modified by the provision of this act.” We have already seen that one
of the conditions upon which the lands may be disposed of, as “provided in the par-
ticular act granting the same,” is that patents shall issue before sale. The section
under consideration provides that the lands shall be certified to the State by the Sec-
retary of the Interior whenever the line shall be definitely located; that is, before
Construction and before the State has done anything to earn the lands. If certifica-
tion is equivalent to a conveyance, the State becomes the owner without complying
With the law in constructing its road. -
I prefer to construe the certification referred to as intended to inform the State in
advance what lands it will be entitled to have patents for when its road is built in
accordance with law. This construction gives force to the provisions of both acts,
and allows both to stand. . It also leaves in force the provisions of the act of August
3, 1854, cited in your décision. That act authorizes the Commissioner of the General
Land Office to make a certified list of lands which shall operate as a conveyance in
fee-simple, when the law making the grant “does not convey the fee-simple title of
Such lands, or require patents to be issued therefor.” In the case under considera-
tion the law making the grant does require “patents to be issued,” and therefore it
is not one where a certificate can be substituted for a patent.
To hold otherwise is to say that the act of August 3, 1854, is also repealed by im-
plication by the third section of the act of July 13, 1866.
I am of opinion that there is no such repeal. I reverse your decision, and here with.
return the papers transmitted with your letter of the 26th instant.
Very respectfully, B. R. CowAN
. . R. y
Acting Secretary.
The COMMISSIONER GENERAL LAND OFFICE.
B.
DEPARTMENT OF THE INTERIOR,
Washington, June 10, 1880.
SIR: I am in receipt of your report of the 27th of May last upon the status of the:
grant of lands made to the State of Minnesota to aid in the construction of a railroad
from Saint Cloud to Saint Vincent in that State.
The report and accompanying map show that a road has been constructed between
the above-named points by a company recognized by the State authorities as being
entitled to the benefits of the grant; that the road was not completed within the time.
directed by the statutes of the United States; that no forfeiture of the grant has been
declared, and that the line of the road as constructed deviates in some places from the
line of definite location indicated by the map filed in this Department in 1871, upon
which the withdrawal for the benefit of the grant was made, the largest deflections.
being between Glyndon and Saint Vincent.
Upon these facts you submit two questions for my consideration, and request to be
instructed in the premises.
1st. Whether, considering the failure to complete the road within the time directed
by the statute, the State is entitled to patents for the benefit of the Saint Paul, Min-
neapolis and Manitoba Railway Company, the present owner of said road.
2d. Whether, in view of the deviations in the line of construction from the line of
definite location, the State is entitled to patents under the grant for the benefit of
said company.
|Upon the first point you express the opinion, in effect, that notwithstanding the
road was not completed within the time mentioned in the act of March 3, 1873 (17
Statutes, p. 631), the State is entitled to patents under the grant. I fully agree with
you upon this point, the act of June 22, 1874 (18 Statutes, p. 203), the conditions of
which have not been accepted by the company, being held as neither enforcing nor
declaring a forfeiture of the grant. (Kemper vs. Saint Paul and Pacific Railroad Com-
pany, Copp's L. O., vol. 3, p. 170.). The law controlling this question is well settled.
(Schulenberg v8. Harriman, 21 Wall., 44.)
Upon the second point you express no opinion. The only question for determina-
tion, however, is whether the deflections in the line of the constructed road are of
such character as to make it a different road from that contemplated by the granting
acts, and for which the withdrawal was intended. If the constructed road is not the
one contemplated by the grant and withdrawal then the State has no right to patents.
for the lands claimed. But it is the road so contemplated if the deflections became
necessary in order to avoid engineering obstacles which could not be otherwise over-
come without exaggerated expense, or to remedy defects in the original location. In
other words, if the road as constructed is a substantial compliance with the granting:
acts, the State is entitled to the benefits of the grant. (Opinion of the Attorney-Gen-
eral of February 2, 1880, Copp's L. O., vol. 7, 12; case of McGregor and Western Rail-
830 LAND PATENTS TO RAILROADS.
fºrus, id., 27; case of Hastings and Dakota Railroad Company, decided April
y ſº
Since your report was received the said company has filed in this Department affi-
davits showing why the road between Glyndon and Saint Vincent was not constructed
on the line as located in 1871. The affidavits were made by the following parties re-
Spectively: Charles A. F. Morris, who was chief engineer of the Saint Paul and Pacific
Railroad Company in the years 1871 and 1872, and who surveyed and located the line
in 1871, and re-examined it preparatory to constructing the road between Glyndon and
Saint Vincent, in 1872; Charles J. A. Morris, civil engineer, who was employed by said
Company, in 1871 and 1872, in the location and construction of said road between the
points aforesaid; Andrew De Graff, railroad constructor for said company, under
Whose personal supervision a large part of the Saint Vincent extension road was built;
Norman W. Kittson, whose business for many years required him to make journeys
yearly from Saint Paul to Manitoba, via the Red River Valley, and who is well
acquainted with the country through which said road is built; James J. Hill, who
was engaged from 1868 to 1879 in the transportation business on the Red River of the
North, between Saint Paul and Winnipeg, in Manitoba, and who has passed through
the Red River Valley at all seasons of the year, and is well qualified to depose as to
the facts alleged by him; and William P. Payte, a civil engineer, well acquainted with
the topography of the country through which the said road passes.
The affidavits of these witnesses show that there are extensive swamps and marshes
in townships 143, 144, 145, 146, 147, and 154, ranges 47 and 48, and in townships 156,
157, and 158, in ranges 49 and 50; that the season during which the location of 1871
was surveyed was very dry in the section of country through which the road was so
flocated; that at that time the said swamps and marshes were comparatively dry, and
the surveyors walked over them without difficulty; that the line was located over
said swamps in the belief that it was a feasible route, and upon which the necessary
material could be easily obtained for grading and ballasting; that in the winter of
1871–72 there were heavy falls of snow in that vicinity, and the weather of the spring
and summer of 1872 was very wet; that upon a re-examination of said line in 1872,
preparatory to commencing the construction of said road, it was found that the coun-
try for a great distance in the above-named townships, and over which the line of 1871
was located, was under water to the depth of several feet; that earth in sufficient
quantities to raise the road-bed above water could not be obtained except by hauling
it for a long distance at great expense; that the largest of said swamps was in town-
ship 147, ranges 47 and 48, and was twelve miles wide; that said swamps were under
water at certain seasons almost every year, and presented engineering difficulties in
the way of building said road of such a character as to make it necessary to locate
the line of construction far enough to the east to avoid the same; that the point of
Crossing the margin of the large swamp, above mentioned governed the location of the
road for many miles north and south thereof; that upon careful examination it was
found that no ground over which it was practicable to build the road could be found
nearer to the definitely located line than to the east of said swamps and marshes
where the road is constructed; that the point of crossing of Red Lake River at Crooks-
ton was the most feasible one and the best adapted for bridging that could be found
for many miles in either direction; that no lands in that vicinity were settled upon
or entered with reference to the line of definite location prior to the establishment of
the line of actual construction; that the progress of settlement kept pace with the
construction of the road, and that the road as built is the shortest and best practica-
ble one that could be had between Glyndon and Saint Vincent.
From the foregoing it is apparent that the deflections from the line located in 1871,
between the points last above mentioned, were necessary to the proper construction
of the road.
It is clear that the road as now constructed is of immeasurably more value to the
inhabitants of the Red River Valley along its line, and better adapted to the purposes
for which the road was intended than it would have been had it been built through
said swamps and marshes, to say nothing of the extra expense of building and keep-
ing it in repair over the latter route.
One of the principal objections to varying from the line of definite location in con-
structing a land-grant road does not exist in this case, viz, that settlers locate and
purchase lands at the advanced rates in view of the definite location and for conven-
ience to the road.
The deflections south of Glyndon do not appear to be material.
I am therefore of opinion that the said road was built in substantial compliance with
the requirements of the granting acts, and that the State is entitled to patents for the
granted lands; and you will proceed in the work of the adjustment of the grant ac-
cordingly, having due regard to all conflicting claims to the lands.
The affidavits aforesaid are here with transmitted for filing in your office.
Very respectfully, -
C. SCHURZ, Secretary.
"The COMMISSIONER OF THE GENERAL LAND OFFICE.
LAND PATENTS TO RAILROADS. 831
C.
WESTERN RAILROAD, FORMERLY BBANCH OF SAINT PAUL AND PACIFIC
RAILROAD–DECISIONS AS TO LAND GRANT BY COMMISSIONER OF
GENERAL LAND OFFICE, SECRETARY OF THE INTERIOR, AND ATTOR-
NEY-GENERAL. -
DEPARTMENT OF THE INTERIOR,
Washington, February 18, 1879.
SIR: I have received your communication of the 27th ultimo in relation to the lands
relinquished to the United States by the governor of the State of Minnesota, and also
by the Western Railroad Company of Minnesota, said lands being the same formerly
i. in the grant to the Saint Paul and Pacific Railroad Company, Brainerd
BI’an Cil.
On the receipt of your letter above mentioned, the deeds of relinquishment were
transmitted to the governor of said State for correction in the particulars referred to
by you. Said deeds have been returned corrected. This removes every objection now
known to this Department to the approval of the lands to the latter named company.
You will therefore proceed, upon the proper application by the governor of the State
of Minnesota, to prepare the list of lands inuring to the grant, not already approved
and patented for the approval of this Department.
The deeds and accompanying papers are here with transmitted.
Very respectfully, -
C. SCHURZ, Secretary.
The COMMISSIONER OF THE GENERAL LAND OFFICE.
C1.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D.C., January 27, 1879.
SIR: I have the honor to acknowledge the receipt, through reference by you for
report, of a letter from the Hon. J. S. Pillsbury, dated Saint Paul, November 21, 1878,
transmitting a deed, executed by him as governor of Minnesota, relinquishing to the
United States certain lands within the limits of the grant by act of Congress approved
March 3, 1857, and the acts amendatory thereof to said State, to aid in the construc-
tion of the so-called Brainerd Branch of the Saint Paul and Pacific Railroad. Ac-
companying the letter and deed are various papers, more particularly referred to
bereinafter.
I have the honor to submit the following in reply:
By an act of Congress, approved March 3, 1857, there was granted to the then Ter-
ritory, now State, of Minnesota, to aid in the construction of certain railroads, among
which was a road “from Stillwater, by way of Saint Paul and Saint Anthony, to a
point between the foot of Big Stone Lake and the mouth of Sioux Wood River, with
a branch via Saint Cloud and Crow Wing, to the navigable waters of the Red River of
the North, * * * every alternate section of land, designated by odd numbers, for
six sections in width on each side of said road and branches,” and indemnity was
provided for within limits of 15 miles on each side.
By an act of the legislature, approved May 19, of the same year, the grant of March
3 was accepted on the terms, conditions, and restrictions therein contained, and an
act passed on the 22d of May, granted to the Minnesota and Pacific Railroad Com-
pany, to aid in the construction of several lines and branches of roads, including the
branch from Saint Cloud to Crow Wing and the navigable waters of the Red River,
all the interest, present and prospective, of the Territory and future State of Min-
nesota on said lines and branches, to any and all lands granted to the Territory by
said act of March 3, together with all the rights, privileges, and immunities con-
ferred, or intended by said act. A map of the definite location of the branch from
Saint Anthony to Crow Wing, was filed in this office December 5, 1857, and in 1860,
§: and 1864 the lands inuring to the grant were certified and approved to the
tate.
In 1862 (March 10) the legislature of the State, on account of the failure of the
Minnesota and Pacific Railroad Company aforesaid to build and complete the road
in accordance with the terms of the grant of May 22, 1857, aforesaid, created the Saint
Paul and Pacific Railroad Company, and granted to it all the rights, benefits, and priv-
ileges, property, and franchises of the first-named company, including the lands.
By joint resolution, approved July 12, 1862, Congress provided that in lieu of the
branch via Saint Cloud and Crow Wing to the navigable waters of the Red River
there might be constructed a new branch lime, having its southwestern terminus at
832 LAND PATENTS TO RAILROADS.
any point on the existing line between the Falls of Saint Anthony and Crow Wing,
and extending in a northeasterly direction to the waters of Lake Superior; and in
its aid a grant like the one of 1857 was made. -
By an act, approved March 3, 1865, Congress extended the time for the completion
of the road, and increased the grant to ten sections per mile, with the right to select
indemnity within 20 miles. -
By an act, approved March 3, 1871, Congress provided, upon certain conditions, that
the Saint Paul and Pacific Railroad Company “may so alter and amend its branch
lines that instead of constructing a road from Crow Wing to Saint Vincent, and from.
Saint Cloud to the waters of Lake Superior, it may locate and construct in lieu
thereof, a line from Crow Wing to Brainerd to intersect with the Northern Pacific,
* * * , with the same proportional grant of lands to be taken in the same manner
along said altered lines as is provided for the present lines by existing laws.”
By act of March 3, 1873, the time for the completion of the road from Saint Anthony
to Brainerd was extended to December 3, 1873.
By act of June 22, 1874, the time for the completion of said branch (among others)
was extended until March 3, 1876, and no longer, upon the following conditions:
“That all rights of actual settlers and their grantees who have heretofore, in good
faith, entered upon and actually resided on any of said lands prior to the passage of
this act, or who otherwise have legal rights in any of such lands shall be saved and
secured to such settlers or such other persons in all respects the same as if said lands
had never been granted to aid in the construction of the said lines of railroads.” The
second section provided “that the company taking the benefit of this act shall, be-
fore acquiring any rights under it, by a certificate made and signed by the president
and a majority at least of the directors, and sealed with the corporate seal, accept
the conditions in this act, and file such acceptance with the Secretary of the Interior
for record and preservation.”
|Under that act many persons who had, prior to its passage, settled upon lands within
the limits of the grant to said Brainerd Branch line presented their claims, which,
with few exceptions, were admitted or recognized, subject to appeal by the company
to the Secretary. In a few instances patents issued, but in most cases their claims
never reached the status of entries.
When the question was brought to the attention of your predecessor, the Hon. Z.
Chandler (in a case, by appeal from the decision of this office in favor of the settler),
he decided that the company not having accepted the conditions of the act it was in-
operative for any purpose, and that the right of settlers were not saved by the first
section thereof.
Further action by Congress has not been taken ; and the grant has been, for three
years past, subject to forfeiture for non-fulfillment of the terms of the granting act.
The legislature of the State of Minnesota, by an act approved March 1, 1877, re-
sumed the grant theretofore held by the Saint Paul and Pacific Company, appertain-
ing to the uncompleted portion—between Watab and Brainerd—and conferred it
upon a railroad company to be organized of at least five persons, who were to be the
holders of a majority of the $15,000,000 bonds, commonly known as the “extension
line bonds,” upon certain conditions. In the event of a failure by those persons to do
and perform certain things within a specified period, then any company or corpora-
tion then organized or to be thereafter organized, might “succeed to and acquire the
right to complete, own, maintain, and operate the uncompleted portions of said line
of railroad mentioned * * * by filing with the governor a written notice of its
desire and intention, under and subject to the provisions of this act, to complete,
equip, maintain, and operate the then uncompleted portions of said line of railroad.”
The company, to be composed of the bondholders aforesaid, did not perform the
acts required; but the Western Railroad Company of Minnesota, a corporation duly
qualified, has completed and equipped the said line of road between Watab and
Brainerd aforesaid.
The tenth section of the act of the State legislature provides that “The Saint
Paul and Pacific Railroad Company, or any other company or corporation taking the
benefits of this act, shall not in any manner, directly or indirectly, acquire or become
seized of any right, title, interest, claim, or demand in or to any piece or parcel of
land lying or being within the granted or indemnity limits of said branch lines of
road to which legal and full title has not been perfected in said Saint Paul and Pa-
cific Railroad Company, or their successors or assigns upon which any person or persons
have in good faith settled and made or acquired valuable improvements thereon on
or before the passage of this act, or upon any of said lands upon which has been filed
any valid pre-emption or homestead filing or entry not to exceed 160 acres to any one
actual settler; and the governor of this State shall deed and relinquish to the United
States all pieces or parcels of said lands so settled upon by any and all actual settlers,
as aforesaid, to the end that all such actual settlers may acquire title to the lands
upon which they actually reside from the United States as homesteads or otherwise;
and upon the acceptance of the provisions of this act by said company it shall be
LAND PATENTS TO RAILROADS. 833
deemed by the governor of this State as a relinquishment by said company of all
such lands so occupied by such actual settlers; and in deeding to the United States
such lands the governor shall receive, as prima facie evidence of actual settlement on
said lands, the testimony and evidence, or copies thereof heretofore, or which may,
be hereafter, taken in cases before the local United States land offices, and decided
in favor of such settlers.”
Under and by authority contained in that act the governor has deeded and relin-
quished unto the United States certain lands for the use and benefit of the settlers
mamed in the deed. Accompanying the deed is a certificate by the governor, bearing
even date there with, that the relinquishment executed by him in behalf of the State
of Minnesota to the United States “embraces a description of all lands within the
limits of the grant pertaining to the line of railroad constructed by the ‘Western Rail-
road Company of Minnesota,’ upon which any person or persons have in good faith
settled and made or acquired valuable improvements, or upon which there had been
filed any valid pre-emption homestead filing or entry prior to March 1, 1877,” &c.
A deed of relinquishment by the Western Railroad Company, of Minnesota to the
United States of the same lands, and in favor of the same settlers described and
named in the deed from the State, dated December 6, 1878, accompanies the papers.
The resolution of the board of directors authorizing the president of the company
to execute the relinquishment, and under which authority it was executed, contains,
however, the following reservation: “That in the event that any of such settlers
shall fail, or, for any cause, be unable to acquire title to said lands from the United
States upon settlement and improvements made prior to March 1, 1877, that the pres-
ident make application to the Interior Department to have such lands again certified
to the State for the benefit of this corporation.”
The deeds from the State and the company have been carefully compared, and are
found to agree in the description of the lands released, but in the names of the set-
tlers in whose favor the relinquishments are made some few discrepancies are found,
and note thereof have been made, in pencil, upon the deed from the company.
examination of the tract-books of this office shows that none of the lands have been
clouded by erroneous conveyances. -
In many instances the proofs of settlement, as presented under the act of June 22,
1874, are before me, and show satisfactorily the good faith of the claimants, but only
in cases where entries were permitted have proofs of the qualifications of the claim-
ants been filed; and I am, therefore, unable to state whether or not all of the per-
sons named in the relinquishments can acquire title to the lands released.
In many instances entries have been made; in other, applications to enter only
been received, while many of the parties named have never, so far as I can find, pre-
sented any proofs or claims. Several entries admitted under the act of June 22, 1874,
have been canceled in accordance with decisions by the Department denying the
rights of the claimants. . In a few instances I find that the party in whose favor a
tract is released has no claim of record, while declaratory statements were filed under
the act of 1874 by persons not included in the list. In one case—viz, that of Rasmus
Hanson—the party has a homestead entry of record for 160 acres, while the deed re-
leases but one-half that quantity in his favor. No reason therefor is given, and I
cannot understand why the whole tract embraced in his entry was not included in
the relinquishment.
I find some few claims before this office which are not included in the deeds, but
as the governor certifies that the relinquishment embraces all tracts upon which any
person had in good faith settled, it is presumed that the persons referred to have
abandoned the lands and do not assert claims thereto.
And I desire to state that no complaints have, thus far, reached me from any source
to the effect that any claims have been overlooked or omitted. As stated, it is not
lºnown whether all of the persons named in the deeds are qualified to enter, and
without specific proof in each case that point cannot, of course, be determined. But,
after a careful consideration of the whole subject, I can see no reason why the relin-
quishments should not be accepted. If it should appear, in carrying out the details
of executing the intention and wish of the State that any of the persons named in
the deeds are not properly qualified, through any cause, to acquire titles to the lands
relinquished in their favor, no wrong could be done either the State or the company,
for the remedy was intended for those only who had settled upon the lands prior to
the 1st of March, 1877, and does not extend to persons who may hereafter seek to
enter any of the tracts relinquished.
In the certificate of the governor hereinbefore referred to is the following, in addi-
tion to the language quoted: --
“And I do further certify and return that the following described pieces and parcels
of lands lying within the said granted or indemnity limits of the line of railroad
above mentioned are not included in the accompanying deed of relinquishment, for
the reason that the same had been patented by the United States to the persons whose
53 L O—WOL III
834 LAND PATENTS TO RAILROADS.
names are set opposite the descriptions, respectively, prior to the passage of said act
of March 1, 1877.” -
Then follows a description of the lands so patented with the names of the patentees.
In his letter the governor gives very fully the reasons why those tracts were not
embraced in the deeds.
Accompanying the papers referred by you, I find a protest and argument by William
Lochren, esq., of Minneapolis, attorney for some of the claimants under the patented
entries, against the action of the governor in omitting from the relinquishment the
tracts embraced in their claims; but as the facts are clearly stated and the question
is entirely a legal one I deem it unnecessary to submit any remarks thereon, but leave
it for your consideration.
The papers received with the governor's letter are herewith returned.
Very respectfully, your obedient servant,
J. A. WILLIAMSON,
Commissioner.
Hon. C. SCHURZ, #
Secretary of the Interior.
C2.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., November 7, 1879.
SIR: I have the honor to acknowledge receipt, by reference from the Department on
the 4th instant, of an application by W. P. Clough, esq., attorney for the State of
Minnesota, for the patenting to said State of “lands granted by the United States to aid
in the construction of that certain line of railroad therein situated, which extends
from Watab northwardly to Brainerd.”
The application sets forth the legislation by Congress and the State in the premises,
and concludes by presenting as the claim of the grantee the following:
1. That patents should issue for every alternate section of land not sold, reserved,
or otherwise appropriated, lying within a strip of territory bounded on either side
byd" line running parallel with the line of the road, and six miles distant therefrom ;
- 3, Il g -
2. That patents should also issue for enough lands in alternate sections, not other-
wise appropriated, to be selected from two other strips of territory lying on either
side of the line of road, each bounded laterally by lines running parallel with the
line of road, and respectively 6 and 20 miles distant therefrom. -
It was referred for report upon the matters therein stated, and the reasons, if any
exist, why the request, as therein made, should not be granted.
I have the honor to submit the following in reply:
By an act of Congress approved March 3, 1857 (11 Stat., 195), there was granted to
the then Territory of Minnesota, to aid in the construction of certain railroads, among
which was a road “from Stillwater, by way of Saint Paul and Saint Anthony, to a
point between the foot of Big Stone Lake and the mouth of Sioux Wood River, with
a branch via Saint Cloud and Crow Wing to the navigable waters of the Red River
of the North, * * : * every alternate section of land, designated by odd numbers,
for six sections in width on each side of said road and branches.” It provided that
“in case it shall appear that the United States have, when the lines or routes of said
roads and branches are definitely fixed, sold any sections or any parts thereof, granted
as aforesaid, or that the right of pre-emption has attached to the same, then it shall
be lawful for any agent or agents, to be appointed by the governor of said Territory
or future State, to select, subject to the approval of the Secretary of the Interior, from
the lands of the United States nearest to the tiers of sections above specified, so much
land, in alternate sections or parts of sections, as shall be equal to such lands as the
United States have sold, or otherwise appropriated, or to which the rights of pre-emp-
tion have attached, as aforesaid: * * * Provided, That the land to be so located
shall in no case be further than 15 miles from the lines of said roads or branches, and
selected for and on account of each of said roads or branches.” Any and all lands
theretofore reserved to the United States for the purpose of aiding in any object of
internal improvement, or for any other purpose whatever, were reserved from the
operation of the said grant. h -
Section 4 declared “that the lands hereby granted to said Territory or future State
shall be disposed of by said Territory or future State only in the manner following:
That is to say, that a quantity of land not exceeding 120 sections for each of said
roads and branches, and included within a continuous length of 20 miles of each of
said roads and branches may be sold; and when the governor of said Territory or
future State shall certify to the Secretary of the Interior that any 20 continuous
miles of any of said roads or branches is completed, then another quantity of land
hereby granted, not to exceed 120 sections for each of said roads and branches having
20 continuous miles completed as aforesaid, and included within a continuous length
LAND PATENTS TO RAILROADS. 835
of 20 miles of each of such roads or branches, may be sold; and so from time to time
until said roads and branches are completed; and if any of said roads or branches is
not completed within ten years no further sale shall be made and the lands unsold
shall revert to the United States.” f ſº
By an act of the legislature approved May 19, of the same year, the grant of March
3 was accepted on the terms, conditions, and restrictions therein contained; and an
act passed May 22, granted to the Minnesota and Pacific Railroad Company, to aid in
the construction of several lines and branches of roads, including the branch from
Saint Cloud to Crow Wing and the navigable waters of the Red River of the North,
all the interest, present and prospective, of the Territory and future State of Minne-
sota, on said lines and branches to any and all lands granted to the Territory by said
act of March 3, together with all the rights, privileges, and immunities conferred or
intended, by said act. A map of the definite location of the branch from Saint An-
thony to Crow Wing was filed in this office December 5, 1857.
In 1862 (March 10) the legislature of the State, on account of the failure of the said
Minnosota and Pacific Railroad Company to build and complete the road in accord-
ance with the terms of the grant of May 22, 1857, aforesaid, created the Saint Paul
and Pacific Railroad Company and granted to it all, the rights, benefits, and privileges
property, and franchises of the first-named company, including the lands.
By joint resolution, approved July 12, 1832 (12 Stat., 624), Congress provided that
in lieu of the branch via Saint Cloud and Crow Wing to the navigable waters of the
Red River, there might be constructed a new branch linehaving its southwestern termi-
nus at any point on the existing line between the Falls of Saint Anthony and Crow
Wing, and extending in a northeasterly direction to the waters of Lake Superior;
and in its aid there were granted “the alternate sections within 6 mile limits of such
new branch line of route, * * * with a right of indemnity between the 15 mile
limits thereof.” e
By an act approved March 3, 1865 (13 Stats., 526), Congress extended the time for
the completion of certain railroads, among which was the one under consideration,
and declared “that the quantity of lands granted to the State of Minnesota to aid
in the construction of certain railroads in said State, as indicated in the first section
of an act entitled ‘An act making a grant of land to the Territory of Minnesota, in
alternate sections, to aid in the construction of certain railroads, in said Territory,’
* * * approved March 3, 1857, shall be increased to ten sections per mile for
each of said railroads and branches, subject to any and all limitations contained in
said act and subsequent acts, and as hereinafter provided.”
Section 2 provided that the first proviso in the first section of the act aforesaid
should be so amended as to read as follows, to wit: ‘‘ Provided, That the land to be so
located shall in no case be further than 20 miles from the lines of said roads and
branches, to aid in the construction of which said grant is made.”
By section 3, similar exception to that contained in the grant of 1857, was made of
lands reserved to the United States, for purposes of internal improvement ; but it
was provided “that any lands which may have been granted to the Territory or State
of Minnesota for the purpose of aiding in the construction of any railroad, which
lands may be located within the limits of this extension of said grant or grants, shall
be deducted from the full quantity of lands hereby granted,” &c.
The sixth section of the act provided for the disposal of the lands; the certifica-
tion by the governor to the Secretary of the Interior upon the completion of any sec-
tion of 10 consecutive miles, and the patenting of lands granted, not exceeding ten
sections per mile.
By an act of March 3, 1871 (16 Stats., 588), Congress provided that upon certain
conditions the Saint Paul and Pacific Railroad Company “may so alter and amend
its branch lines that instead of constructing a rqad from Crow Wing to Saint Vin-
cent, and from Saint Cloud to the waters of Lake Superior, it may locate and con-
struct in lieu thereof a line from Crow Wing to Brainerd, to intersect with the North-
ern Pacific, * * * with the same proportional grant of lands, to be taken in the
same manner, along said altered line as is provided for the present lines by existing
laws. .
By act of March 3, 1873 (17 Stats., 631), the time for the completion of the road
from Saint Anthony to Brainerd was extended to December 3, 1873.
By act of June 22, 1874 (18 Stats., 203), the time for the completion of said branch
(among others) was extended, upon certain conditions, until March 3, 1876, The
company did not accept the condition of that act, and upon that ground it has since
been declared by the Department inoperative.
Further legislation by Congress has not been taken; but the State, by an act ap-
proved March 1, 1877, resumed the grant theretofore held by the said Saint Paul and
Pacific Railroad Company appertaining to the uncompleted portion between Watab
and Brainerd, and conferred it upon a company to be organized in manner provided.
In the event of a failure by said company to do and perform certain things within a
specified time, then any company or corporation then organized, or to be thereafter
836 LAND PATENTS TO RAILROADS.
organized, upon the performance of certain requirements was to succeed [to] the rights
intended to be conferred by the act, &c.
Under this legislation the Western Railroad Company of Minnesota, a corporation
duly qualified, succeeded to those rights, and completed and equipped the said line
of road between Watab and Brainerd aforesaid, as appears from satisfactory evidence
presented to this Department.
In a letter to this office, of 18th February last, you stated that every objection
known to the Department to the approval of the lands due to the company was re-
moved, and directed the preparation of lists of lands inuring to the grant to be sub-
mitted for your approval.
Accordingly, on the 8th of April last a list containing 121,502.31 acres of lands,
found to be vacant, and lying within 10 miles of the road, was submitted. It re-
ceived your approval April 11, and on April 21 patent was regularly executed. . A
request was then made by the company for patent on the lands embraced in the in-
demnity selection, covering 153,089.34 acres, but it became necessary under the rule
announced by the Supreme Court in Leavenworth, Lawrence and Galveston v8. United
States (2 Otto, 733), and adopted by the Department December 26, 1877, in the case
of the Wisconsin Central grant, and followed in several others, to know the quantity
of lands the State was entitled to receive before complying with the request. To
this end a careful examination of the records was made, and it was thereby disclosed
that the disposals contemplated by the said rule were very limited, scarcely exceed-
ing 2,000 acres, along this road. This fact (and that in consequence thereof patent
as desired could not issue) was verbally communicated to the company; and further
action by this office in the premises has not been taken. -
The State, through her agent, Mr. Clough, has, as before stated, presented an ap-
plication to have patents issued, and in an elaborate and exhaustive argument seeks
to show that the rule aforesaid and upon which the examination of the records was
made, does not in any manner affect this grant. -
The principle referred to, and which was adopted by the Department as aforesaid,
is that in railroad grants not of specific quantity indemnity was not given for land
within the granted limits disposed of prior thereto, but only for such lands as might
have been disposed of subsequent to the date of the granting act and prior to the time
when the grant vested by definite location. -
The reason of the rule, as I understand it, is that Congress could only grant what
it possessed, and not owning lands theretofore disposed of, it did not intend to give
equivalent therefor by the employment of words authorizing indemnity for any of
the lands “hereby granted” which might have been sold, pre-empted, or otherwise
disposed of. - º
An exa, mination of the original grant of 1857 shows clearly that so far as the lan-
guage there used is concerned the decision cited would apply with like force as to
that of the grant to the Leavenworth, Lawrence and Galveston Railroad by act of
March 3, 1863; but as respects the act of 1865 it is, in my opinion, different. That act
in very plain language declares that the grant made by the act of 1857 shall be in-
creased to ten sections per mile; and to the end that that quantity may be secured
enlarged the territory within which the selections can be made to lateral limits of 20
miles, and in so doing Congress undoubtedly, from its language, recognized the former
grant as having been one of quantity, and the change was not made by substituting
in the latter grant words of larger import for those used in the former but by express
declaration. It is true that the enlarged quantity was granted “subject to any and
all limitations contained in said act and subsequent acts,” but those words do not
affect the extent of the grant so much as the conditions thereof. So far as I am able
to see no words of limitation save those contained in the third section of the act of
1865 are used. *s
If my construction be correct, the question then arises is the State entitled to ten
full sections per mile for each mile of constructed road? The road as built by the
said Western Railroad Company is from Watab to Brainerd, yet the company has
never located the line north of Crow Wing, some 8 miles distant from Brainerd, at
least no map of such location has ever been filed. Notwithstanding, therefore, the
construction of the road between Crow Wing and Brainerd, I do not think it can be
considered as entitled to the lands within the grant “in place” or “indemnity” for
such as may have been disposed of Nor do I believe the company entitled to indem-
nity for lands relinquished on the 6th of December last in favor of certain settlers
under the tenth section of the act of the State legislature of March 1, 1877, aforesaid,
nor for lands reserved from the grant by the third section of the act of 1865.
The application of Mr. Clough is here with returned.
Very respectfully, your obedient servant,
J. M. ARMSTRONG,
Acting Commissioner.
Hon. C. SCHURZ,
Secretary of the Interior.
LAND PATENTS TO RAILROADS. 837
D.
DEPARTMENT OF THE INTERIOR,
Washington, October 16, 1880.
SIR: Referring # your report of November 7, 1879, in the matter of the right of the
State ºf Minnesota to receive from the United States, under the acts of March 3, 1857
(11 Stat., 195), and March 3, 1865 (13 Stat., 526), embracing, among others, what is
known as the Western Railroad, the full quantity of ten sections per iſ ile of public
lands along the line of constructed road, I have to state that the subject was, on the
4th of June last, submitted to the Hon. Attorney General for an authoritative expres.
Sion of his views; and a copy of his opinion, rendered June 5, 1880, is transmitted
here with for your information and guidance, the same having been fully examined
and concurred in by this Department.
The opinion holds, in effect, that the grants made by these and similar acts for
railroad purposes, where the language employed is descriptive of “every alternate
section for six or ten sections in width,” as the case may be, are grants of lands in
place as distinguished from grants of quantity, such as are made by descriptive words,
“to the amount of any designated number of sections per mile,” &c. -
The Minnesota grants, and all others governed by the same limitations, are there-
fore to be treated as grants in place, conveying only such amount of lands as fall
Within the lines of every alternate section for the prescribed distance in width on
each side of the respective lines of road.
The opinion further holds that these grants embrace all lands contained in such
Sections not sold, pre-empted, nor reserved at the date when said grants attach, and
indemnity for such sections or parts of sections as may have been sold or pre-empted
prior to such date, whether before or after the date of the granting acts. Such in-
demnity grant does not, however, apply to lands lost by reservation, made by com-
petent authority, prior to the date of the respective acts. Such lands are held to .
have been absolutely reserved, by express provision, from the operation of the grants,
and consequently £annot be considered within them nor affected by them for any
purpose.
ºtaining these views of the law, the Attorney-General advises a return to
the practice in vogue before the promulgatiºn of the Supreme Court decisions in
the cases of the Leavenworth, Lawrence and Galveston Railroad Company v8. The
United States (2 Otto, 733), and Un ted States vs. Burlington and Missouri River Rail-
road Company (8 Otto, 334), which seems to hold that indemnity can only be taken
for lands lost between the dates of the granting act and of the definite location of the
road.
Upon consideration and comparison of these with other decisions of the courts he
arrives at the conclusion that the weight of authority is in favor of the doctrine that
reservations alone are altogether excepted from the operation of the grants, while
indemnity may be selected for losses on account of sales, pre-emptions, and other ap-
propriations under the land laws, and that this doctrine is not inconsistent with the
real import of the decisions in the cases cited.
The foregoing suggestions are believed to be sufficiently explicit to enable your
office to adjust the indemnity rights of the various grantees, care being necessary in
determining the exact status of lands alleged to be lost in place, keeping well in mind
the distinction between reservations and other appropriations as defined in the opin-
ion of the Attorney. General.
The papers accompanying the case are forwarded here with.
Very respectfully,
C. SCHURZ, Secretary.
The COMMISSIONER OF THE GENERAL LAND OFFICE.
DEPARTMENT OF JUSTICE,
Washington, June 5, 1880.
SIR: The letter of the Acting Commissioner of the General Land Office, accom-
panying your communication of the 4th instant, submits the following facts:
By an act of Congress approved March 3, 1-57 (11 Stat., 195), there was granted to
the then Territory of Minnesota, to aid in the construction of certain railroads, among
which was a road from “Stillwater, by way of Saint Paul and Saint Anthony, to a point
between the foot of Big Stone Lake and the mouth of Sioux Wood River, with a
branch via Saint Cloud and Crow Wing to the navigable waters of the Red River of
the North, * * * every alternate section of land designated by odd numbers, for
six sections in width on each side of said roads and branches.”
It provided that “in case it shall appear that the United States have, when the
lines cr routes of said roads and branches are definitely fixed, sold any sections or
any parts thereof, granted as aforesaid, or that the right of pre-emption has attached
to the same, then it shall be lawful for any agent or agents, to be appointed by the
3.
838 LAND PATENTS TO RAILROADS.
governor of said Territory or future State, to select, subject to the approval of the
Secretary of the Interior, from the lands of the United States nearest to the tiers of
Sections above specified, so much land in alternale. Sections, or parts of sections, as
shall be equal to such lands as the United States have sold, or otherwise appropriated,
or to which the rights of pre-emption have attached as aforesaid. * * * Provided,
that the land to be so located shall in no case be further than fiftºen miles from the
lines of said roads or branches, and selected for and on account of each of said roads
or branches.” Any and all lands theretofore reserved to the United States for the
purpose of aiding in any object of internal improvement, or for any other purpose
whatever, were reserved from the operation of the said grant.
Section 4 declared “that the lands hereby granted to said Territory or future State
shall be disposed of by said Territory or future State only in the manner following,
that is to say: That a quantity of land not exceeding one hundred and twenty sec-
tions, for each of said roads and branches, and included within a continuous length
of twenty miles of each of said roads and branches, may be sold; and when the gov-
ernor of said Territory or future State shall certify to the Secretary of the Interior that
any twenty continuous miles of any of said roads or branches is completed, then
another quantity of land hereby granted, not to exceed one hundred and twenty sec-
tions for each of said road and branches having twenty continuous miles completed
as aforesaid, and included within a continuous length of twenty miles of each of such
roads or branches, may be sold; and so from time to time until said roads and
branches are completed; and if any of said roads or branches is not completed within
§ years, no further sale shall be made and the lands unsold shall revert to the United
States. -
By an act of the legislature, approved May 19 of the same year, the grant of March
3 was accepted on the terms, conditions, and restrictions therein contained ; and an
act passed May 22 granted to the Minnesota and Pacific Railroad Company, to aid in
the construction of several lines and branches of roads, including the branch from
Saint Cloud to Crow Wing and the navigable waters of the Red River of the North,
all the interest, present and prospective, of the Territory and future State of Minne-
sota, on said lines and branches to any and all lands granted to the Territory by said
act of March 3, together with all the rights, privileges, and immunities conferred or
intended by said act. A map of the definite location of the branch from Saint Anthony
to Crow Wing was filed in the General Land Office December 5, 1857.
In 1862 (March 10) the legislature of the State, on account of the failure of the said
Minnesota and Pacific Railroad Company to build and complete the road in accordance
with the terms of the grant of May 22, 1857, aforesaid, created the Saint Paul and
Pacific Railroad Company, and granted to it all the rights, benefits, and privileges,
property, and franchises of the first-named company, including the lands.
By joint resolution approved July 12, 1862 (12 Stat., 624), Congress provided that
in lieu of the branch via Saint Cloud and Crow Wing to the navigable waters of the
Red River there might be constructed a new branch line having its southwestern ter-
minus at any point on the existing line between the Falls of Saint Anthony and Crow
Wing, and extending in a northeasterly direction to the waters of Lake Superior;
and in its aid there were granted “the alternate sections within six mile limits of
such new branch line of route * * * with a right of indemnity between the fifteen
mile limits thereof.” -
By an act approved March 3, 1865 (13 Stat. 526), Congress extended the time for
the completion of certain railroads, among which was the one under consideration,
and declared: “That the quantity of lands granted to the State of Minnesota, to aid
in the construction of certain railroads in said State, as indicated in the first section
of an act entitled ‘An act making a grant of land to the Territory of Minnesota in
alternate sections, to aid in the construction of certain railroads in said Territory
* * * , approved March 3, eighteen hundred and fifty-seven,” shall be increased to
ten sections per mile for each of said railroads and branches, subject to any and all
limitations contained in said act and subsequent acts, and as hereinafter provided.”
Section 2 provided that the first proviso in the first section of the act aforesaid
should be so amended as to read as follows, to wit: “Provided, That the land to be so
located shall in no case be further than twenty miles from the lines of said roads and
branches, to aid in the construction of which said grant is made.”
By section 3 similar exception to that contained in the grant of 1857 was made of
lands reserved to the United States for purposes of internal improvement; but that
it was provided “that any lands which may have been granted to the Territory or
State of Minnesota for the purpose of aiding in the construction of any railroad, which
lands may be located within the limits of this extension of said grant or grants, shall
be deducted from the full quantity of lands hereby granted,” &c. -
The fourth section provided “ that the sections aud parts of sections of land, which
by said acts and this grant shall remain to the United States, within ten miles on each
side of said roads and branches, shall not be sold for less than double the minimum
price of public lands when sold, nor shall any of said lands become subject to sale at
*
LAND PATENTS TO RAILROADS. 839
private entry until the same shall have been first offered at public sale to the highest
bidder at or above the minimum price as aforesaid.”
The sixth section of the act provided for the disposal of the lands, the certification
by the governor to the Secretary of the Interior upon the completion of any section
of ten consecutive miles, and the patenting of lands granted not exceeding ten sec-
tions per mile. -
By an act of March 3, 1871 (16 Stat., 588), Congress provided that, upon certain
conditions, the Saint Paul and Pacific Railroad Company “may so alter and amend
its branch lines that instead of constructing a road from Crow Wing to Saint Win-
cent, and from Saint Cloud to the waters of Lake Superior, it may locate and con-
struct in lieu thereof a line from Crow Wing to Brainerd, to intersect with the North-
ern Pacific, * * * with the same proportional grant of lands, to be taken in the
lºanner along said altered line as is provided for the present lines by existing
&l, W.S.
By act of March 3, 1873 (17 Stat., 631), the time for the completion of the road from
Saint Anthony to Brainerd was extended to December 3, 1873.
By act of June 22, 1874 (18 Stat., 203), the time for the completion of said branch
(among others) was extended upon certain conditions, until March 3, 1876. The com-
pany did not accept the conditions of that act, and upon that ground it has since been
declared by the Interior Department inoperative.
Further legislative action by Congress has not been taken, but the State, by an act
approved March 1, 1877, resumed the grant theretofore held by the said Saint Paul
and Pacific Railroad Company, appertaining to the uncompleted portion between
Watab and Brainerd, and conferred it upon a company to be organized in manner
provided. In the event of a failure by said company to do and perform certain things
within a specified time, then any company or corporation then organized, or to be
thereafter organized, upon the performance of certain requirements was to succeed to
the rights intended to be conferred by the act, &c.
Under this legislation the Western Railroad Company of Minnesota, a corporation
duly qualified, succeeded to those rights, and completed and equipped the said line of
road between Watab and Brainerd aforesaid, as appears from satisfactory evidence
presented to your Department. *
All objections known to the Interior Department to the approval of the lands due
to the company having been removed, on February 18, 1879, you directed the General
Land Office to prepare lists of lands, inuring to the grant and submit them for your
approval. Accordingly, on April 8 of that year, a list containing 121,502.31 acres of
land, found to be vacant, and lying within ten miles of the road, was submitted to
you and received your approval on the 11th of the same month, and on the 21st pat-
ent was regularly executed. -
A request is now made by the company for patent of the lands embraced in the in-
demnity selection, covering 153,089.34 acres; and in order to properly decide upon this
request, you submit to me two inquiries:
1. Is the grant of March 3, 1857, as altered or amended by the act of March 3, 1865,
to be treated as a grant of quantity in the sense that the railroad is to be entitled to
receive ten sections of land for each and every mile of road constructed by it 3
2. Whether this be so or not, is the railroad company entitled to indemnity for the
sections of land which may have been sold by the United States, or pre-empted, prº-
vious to the original grant of March 3, 1857?
1. The grant of March 3, 1857, was a grant of “every alternate section of land, desig-
nated by odd numbers, for six sections in width on each side of each of said roads and
branches.” This grant was therefore a grant of lands in place. It was a grant of par-
ticular parcels (sections) of land lying within prescribed lateral limits to the road,
each of which was definitely marked out and numbered by the public surveys, and to
each of which the grant attached by distinct terms of description. The indemnity
which was provided for by the grant of lands in lieu of such of the lands thereby
granted as might be found, upon the definite location of the road, to have been pre-
empted or sold, was equally precise, as such lieu lands were to be selected “from the
lands of the United States nearest to the tiers of sections above specified, so much
land, in alternate sections or parts of sections, as shall be equal to such lands as the
United States have sold, or otherwise appropriated, or to which the rights of pre-
emption have attached, as aforesaid.” Such indemnity lands so located were to be in
no case farther than fifteen miles from the lines of said roads or branches.
The fourth section of the act provided for a disposition by the Territory or future
State of the lands granted, and contemplated that the road itself was to be built in
divisions of a continuous length of twenty miles each, the Territory or future State
being entitled to sell a quantity of land not exceeding 120 sections for each division
of twenty miles.
Upon consideration of this act, I am of opinion that no grant was intended which
should be considered one of quantity as distinguished from a grant of lands in place.
The location of the lands granted, and of the indemnity lands, is definitely stated.
840 LAND PATENTS TO RAILROADS. .
Both the granted lands and the indemnity lands together are in point of quantity not
to exceed 120 sections for every twenty miles of road. The quantity might obviously
be less than 120 sections; as under the grant (which is limited to the odd numbered
sections lying within the width of six sections on each side of the road, and does not
call for an amount of land equal to the one-half of six sections in width on each side
of the road) a claim to six sections for every linear mile of the road and its branches,
including all sinuosities and deflections from a straight line, would not be tenable;
and this according to what is deemed by me to be well-settled law. (5 Opin., 518.)
If this was not a grant of quantity, but a grant of lands in place, did it become a
grant of quantity by the operation of the statute of 1865?
The word “quantity” is undoubtedly used as a convenient mode of designating
the possible amount of lands granted, and the first section of the act of 1865 increased
the quantity of lands granted to the State of Minnesota, by the act of 1857, “to ten
sections per mile for each of said railroads and branches, subject to any and all
limitations contained in said act and subsequent acts, and as hereinafter provided.”
The effect of this is to amend the act of 1857 by substituting for the word “six” the
word “ten,” and, if the rest of the act be taken into consideration, it will be satis-
isfactorily seen that this is the full scope of the first section. An attempt is made to
give to the word “limitations” in the clause above quoted the narrow and peculiar
sense which it bears in the real estate law; but this seems to me to be unwarranted.
The meaning to be attributed to this clause is not different from that which it would
have if it read “subject to all the terms and conditions in the act of March 3, 1857.”
The second section of the act of 1865, provides that the location of the land “shall
in no case be further than twenty miles from the lines of said roads and branches, to
aid in the construction of each of which said grant is made.” The granted limits
having been extended from six to ten, the indemnity limits are thus extended from
fifteen to twenty.
The fourth section of the same act renews the provision in the original act, that the
lands which “shall remain to the United States, within ten miles on each side of said
roads and branches, shall not be sold for less than double the minimum price of public
lands when sold,” contemplating that the United States is under this act, as under the
act of 1857, to own the even sections. #3.
The sixth section provides for the construction of the road in divisions of ten miles
in length each, and the lands granted and selected, not exceeding ten sections per
mile, are to be selected opposite to and within a limit of twenty miles of the line of
the completed division, extending along the whole length thereof. The use of the
phrase “not exceeding ten sections per Imile” indicates that, owing to the sinuosities
of the road, less than ten sections per mile may actually become due to the State for
the construction of a mile of road. By this section it is also contemplated that it
may be that the indemnity lands within particular divisions of ten miles, may not be
sufficient to compensate the loss in the granted lands appertaining to such divisions,
and provision is made for such deficiency by a clause which may, perhaps, better be
considered in connection with the second branch of your inquiry.
This case is readily distinguishable from the case of the United States vs. The Bur-
lington and Missouri River Railroad Company, in Nebraska, where the grant was held
to be one of quantity as distinguished from a grant of land in place. From the lan-
guage used in that case, the grant was distinctly a grant to the amount of ten alter-
nate sections; there were ...] limits to the grant, and there was no indemnity
provision. . It was thus well held to be a grant of an amount of land by way of con-
pensation for the public service of constructing the railroad.
In the view of the applicant it would seem that this grant is at first a grant of lands
in place, and that afterwards it becomes a grant of lands by the quantity. It can
hardly bear this double character. Were this so, the indemnity would be used, not
to compensate the applicant for that which it had lost alone, but, further, to give it
the benefit of an additional grant.
In direct answer to your first inquiry, I am, then, of opinion that the grant is to
be treated as a grant of lands in place, as distinguished from a grant of an amount or
quantity of land.
2. The Second inquiry proposed, in view of the remarks that have been made in
opinions of the learned judges of the Supreme Court, undoubtedly presents a question
of considerable difficulty.
It is understood that up to the time of the decision of the case of the Leavenworth,
Lawrence and Galveston Railroad Company vs. The United States (2 Otto, 733), the
rule of the Department had been to indemnify the railroad, not only for lands which
had been sold or pre-empted after the date of the passage of the granting act, but
previous thereto, and that in consequence of the remarks made in that case the rule
has been changed. d
The case referred to involved the title to the Osage Indian lands in the State of
Kansas; the question being whether said lands were reserved to the United States
under the provisions of the Indian treaty, and also under the last proviso of the first,
LAND PATENTS TO RAILROADS. 841
section of the act of March 3, 1863, or were granted to the State of Kansas, under the
act of 1863, to aid in the construction of railroads. It was held that those lands never
passed by the grant to the State of Kansas or the railroad companies; that they were
reserved and excepted out of it, and, therefore, that the patents which had issued
therefor had improvidently issued. To that extent the decision is undoubted au-
thority, and it must be held, therefore, that all lands reserved to the United States by
an act of Congress, or in any other manner by competent authority, for the purpose
of aiding in any object of internal improvement, or for any other purpose whatever,
under the last proviso of the first section of the act of March 3, 1857, do not pass to
the railroad companies, nor are said companies entitled to indemnity therefor. In
commenting, arguendo, upon the indemnity clause, Mr. Justice Davis remarks: “The
words employed show clearly that its only purpose is to give sections beyond that
limit” (the original ten mile limit), “for those lost within it by the action of the Gov-
ernment, between the date of the grant and the location of the road.” But it is to be
observed that he does not rest his decision upon this point, but upon the fact hereto-
fore adverted to, that the lands in question (whose ownership he was then discussing)
were excepted from the grant made. His remark, therefore, is a dictum entitled only
to the weight which is given to the dicta of eminent judges. -
In the case of the United States vs. The Burlington and Missouri River Railroad”(8
Otto, 334), the main question under discussion was whether the grant was or was not
a grant of a specific amount of quantity of land. It was held to be one of quantity,
and the selection of the land was subject, in the opinion of Mr. Justice Field, to cer-
tain limitations, the fourth of which was that it must not have been sold, reserved,
or otherwise disposed of by the United States, and a pre-emption or homestead claim
must not have attached to it at the time the line of the road was definitely located.
In this case, however, there was no question of indemnity. Upon this part of the
case, the grant being held to be one of quantity, the only inquiry was where the lands
were to be selected which were to make up the quantity to which the road was en-
titled. The mere fact that in considering this question Mr. Justice Field, speaking
of many other grants, incidentally remarks that they are intended to provide “for
the selection of land elsewhere, to make up any deficiency arising from the disposition
of a portion of it within such limit, between the date of the act and the location of
the road,” cannot be considered as a distinct expression of opinion by that learned
judge that in a case like this only deficiencies were to be compensated when land had
been disposed of by sale or pre-emption after the date of the act.
. On the other hand, Mr. Justice Harlan, in an opinion (concurred in by the circuit
and district judges) in the case of the Madison and Portage Railroad Company v3. The
Treasurer of the State of Wisconsin, &c. (circuit court of the United States for the
Western district of Wisconsin), in commenting upon the mode in which deficiencies
of lands in place were to be made up from indemnity limit, says:
“In supplying deficiencies, it must be by sections, whether full or fractional, and
by legal subdivisions. Deficiencies in place, limits caused by sales or pre-emption pre-
vious to the location of routes, whether before or after the passage of the acts, may be
supplied from the indemnity limits.”
In view of these conflicting expressions, it would seem to me that the safer course
for the Department would be to return to its original construction; and, while it holds
that all lands reserved to the United States by any act of Congress, or in other man-
ner by competent authority, do not pass to the railroad company, and that there can
be no indemnity therefor, also to hold that, when lands have been sold or pre-empted
along the line of the road within its granted limits, there should be indemnity for the
lands thus lost, even if such sale or pre-emption took place previous to the date of the
grant. This construction is in no wise in conflict with the decision made in the case
of the Leavenworth, Lawrence and Galveston Railroad. It gives the company no
title to indemnity for lands reserved from and excepted out of the grant, but does entitle
it to indemnity when within the granted limits there are found lands which have
been sold by the United States, or pre-empted, whether such sale or pre-emption took
place prior or subsequently to the passage of the act of 1857, and prior or subse-
quently to the definite location of the road. But this indemnity can be carried no
further than to compensate the railroad for the lands which it has thus lost. It can:
not be extended so far as to indemnify the road for lands which were never included
within its grant. Where, therefore (act of March 6, 1865, sec. 6), a division of ten
consecutive miles of road has been completed, the railroad is entitled to lands, not
exceeding ten sections a mile, situated opposite to and within the limits of 20 miles of
the line of said road, and within the lateral limits of the division. If such lands are
not found within the granted limits of ten miles on each side of the road, then they
may be obtained by the road within the corresponding indemnity limits. Until the
road is finally completed, this is to be the arrangement as division after division is
finished. As it may happen, however, that on certain divisions there may be neither
within the granted limits, nor within the indemnity limits, sufficient public lands to
satisfy the grant for such divisions, while on other divisions there may have been no
842 LAND PATENTS TO RAILROADS.
deficiency, or there may have been more than enough within the indemnity limits
to satisfy the deficiency, provision is made by which, at the completion of the rail-
road, the Secretary of the Interior “shall issue to the said State patents to all the
remaining lands granted for and on account of said completed road and branches in
this act, situate within the said limits of 20 miles from the line thereof throughout
the entire length of said road and branches.” This language must be construed as
intending that when the road is fully completed, as required by law, the company
so completing is entitled to lands in any or all divisions of its entire length to make
up the losses sustained in any one division. But the scheme of the act distinctly
shows that these selections are confined to such alternate odd-numbered sections as
remain undisposed of in the respective divisions. It was only these sections which
were included within either the granted or the indemnity limits. And the indemnity
is not made in order that the road shall have necessarily a hundred sections of land
for each ten miles in length of its road, but only so far as it is required to make the
grant good. If there were, therefore, reservations within the granted limits to the
United States, or if the road was not entitled to one hundred sections of land for any
ten miles constructed by it in consequence of the curvature or sinuosities of the road
in that division, there can be no indemnity for a deficiency thus arising. The indem-
nity is limited strictly by the sections lost in place, which were granted by the United
States, but were préviously or subsequently sold or pre-empted.
In direct answer to your second inquiry, I am, therefore, of opinion that the road is
entitled to indemnity, provided the lands can be found within the proper limits, for
the lands which it may have lost by reason of the fact that lands within the granted
limits were sold or pre-empted previously or subsequently to the date of the grant.
In view of the interest manifested in the questions submitted by you, on account of
their relation to other railroads as well as the one immediately concerned, I have felt
it my duty fully to hear arguments of all other parties who have deemed that rights
might be affected by any opinion which should be given in the present case.
Very respectfully, your obedient servant,
CHAS. DEVENS,
Attorney-General.
Hon. CARL SCHURz,
Secretary of the Interior.
E.
OPINION OF SECRETARY OF THE INTERIOR AND ATTORNEY-GENERAL
IN CASE OF SOUTHERN MINNESOTA RAILWAY EXTENSION COMPANY'S
CLAIM FOR LANDS.
DEPARTMENT OF THE INTERIOR,
Washington, December 5, 1879.
SIR : I transmit herewith a copy of the opinion of the Attorney-General, dated the
29th ultimo, in reply to certain inquiries submitted by me February 19 last, in con-
nection with the application of the governor of Minnesota to have certain lands certi-
fied for the benefit of the Southern Minnesota Railway Extension Company.
It will be observed that the Attorney-General is of the opinion that the lands op-
posite the four sections of 10 miles each constructed since February 25, 1877, the date
when the grant became subject to forfeiture, should be certified to the State, in view
of the fact that no act, legislative or judicial, has been taken to revest the title of the
United States. ©
I concur in this opinion, and your office will be governed accordingly in the adjust-
ment of the grant. The papers and maps submitted to the Attorney-General are here-
with returned to your office. *
Very respectfully,
t C. SCHURZ,
Secretary.
The CoMMISSIONER of THE GENERAL LAND OFFICE.
DEPARTMENT OF JUSTICE,
Washington, November 29, 1879.
SIR: Your letter of February 19, 1879, informs me that by an act of Congress ap-
proved July 4, 1866 (14 Statutes, 87), there was granted to the State of Minnesota
certain lands to aid in the construction of a line of railroad from Houston, through
the counties of Fillmore, Mower, Freeborn, and Faribault, to the western boundary
of the State. This grant was accepted by the legislature of the State of Minnesota.
February 25, 1867, and the lands in question granted to the Southern Minnesota Rail-
road Company. *
Maps of the definite location of this road were approved by the board of directors
LAND PATENTs to RAILROADS. 843
of the company, and filed in the General Land Office, as follows: From a point in
township 104, range 8 west, to a point in township 103, range 18 west, adopted by
resolution of the board of directors of the company January 1, 1867, received at the
General Land Office February 11, 1867; from a point in township 103, range 18 west,
to a point in township 104, range 37 west, adopted by resolution of the board of di-
rectors November 29, 1866, and received at the General Land Office December 10, 1866;
from a point in township 104, range 37 west, to a point in township 104, range 39
west, adopted by resolution of the board of directors October 24, 1866, received at the
General Land Office December 10, 1866; from a point in township 104, range 39
west, to the western boundary of the State. Survey ordered by resolution of the
º of directors December 2, 1869, and the map received at the General Land Office
ay 4, 1871.
The company constructed the road from Houston to Winnebago City, in township
104, range 28 west, prior to February 25, 1877, at which date, in the event of a failure
to complete the road, it was provided that the lands granted and not patented should
revert to the United States. (Sce the proviso to the fourth section of the act of July
4, 1866, above mentioned.)
By an act of the legislature of the State of Minnesota, approved March 6, 1878; all
the lands, rights, powers, and privileges granted to and conferred upon the State of
Minnesota by the act of Congress approved July 4, 1866, appertaining to the uncom-
pleted line of road of the Southern Minnesota Railroad Company (viz, the line from
Winnebago City to the western boundary of the State), were granted, transferred,
and vested in the Southern Minnesota Railway Extension Company, under certain
conditions, among others that the road should be constructed to the village of Jack-
son, in Jackson County, before the end of the year 1879, and to the west line of the
State before the end of the year 1880.
The Department of the Interior is in receipt of a map and accompanying evidence,
establishing the fact that the Southern Minnesota Railway Extension Company, be-
tween April 16, 1878, and December 2, 1878, constructed a line of railroad from Win-
nebago City (the western terminus of the road constructed prior to February 25, 1877),
to a point in township 102, range 35 west, in Jackson County, a distance offorty-three
continuous miles of road. From Jackson to the western boundary of the State is a
distance of nearly one hundred miles; and under the act of the Minnesota legislature,
approved March 6, 1878, the road must be completed to the west line of the State be-
fore the end of the year 1880. It appears by your letter that the governor of Minne-
Sota has filed with the Department a request for a patent to the State of the lands
granted opposite the four sections of constructed road, of ten consecutive miles each,
between Winnebago City and the village of Jackson, in Jackson County, as provided
in the fourth section of the granting act. -
You state that you have hesitated to comply with this request, as the time provided
in the granting act for the completion of the road expired February 25, 1877, ten years
from the date of the acceptance of the grant by the State of Minnesota.
The line of road constructed in the year 1878 by the Southern Minnesota Railway
Extension Company deviates from the line of definite location of the road adopted
by the board of directors of the Southern Minnesota Railroad Company November
29, 1866. At Jackson, the western terminus of the road, the variation is ten miles.
East of that point, and between the same and Winnebago City, the variation is from
one to six or eight miles from the line as located in 1866.
It will be observed that the granting act only designated through what counties the
road shall pass east of and including Faribault County.
In view of these facts you submit to me the following questions:
“1. Is this Department authorized, under the law, to issue patents to the State of
Minnesota for the lands opposite that portion of the road constructed in sections often
consecutive miles each since February 25, 1877, the date at which, according to the
fourth section of the act of July 4, 1866, it was provided, in the event that the road
was not completed, that the lands not patented should revert to the United States?
“2. Should the Department accept proof of the construction of the road on a line
different from the one originally adopted and approved, if constructed within the
limits of the grant as first located?
1. As to the effect of the proviso to ſhe fourth section of the act of July 4, 1866:
While the part of the road to which your inquiries relate was not completed within
the time limited by law, no attempt has been made to enforce any forfeiture of the
lands granted to the State of Minnesota, or by any means, legislative or other, to revest
the title in the United States. The question whether the State of Minnesota may still
claim, under the act of Congress, lands which have been earned by the construction of
the road since the expiration of the period is determined by the case of Schulenberg
v. Harriman (21 Wall., 44). This was the case of a grant of lands to the State of
Wisconsin, to aid in the construction of a certain railroad within that State, by an act
of June 3, 1856. The language there used in reference to the condition upon which
the grant might be defeated by non-completion of the road within ten years was as
844 LAND PATENTS TO RAILROADS.
follows: “No further sales shall be made, and the lands unsold shall revert to the
United States.” The road had not been completed within the time required for its
construction, which had not been extended, and Congress had passed no act, nor taken
any judicial proceeding to enforce any forfeiture of the grant for failure to construct
the road within the period prescribed. Upon this state of facts it was held that a
present interest was passed by the grant to the State of Wisconsin; that the proviso
was in the nature of a condition subsequent; that the prohibition against further sales
if the road were not completed added nothing to the force of the proviso, because a ces-
sation of sales was necessarily implied in the condition that the lands should revert, but
that if the condition were not enforced the power to sell continued as before its breach,
limited only by the objects of the grant and the manner of sale prescribed by the act;
and that, as no action had been taken either by legislation or judicial proceedings, to
enforce a forfeiture or rovest the title in the United States, that title remained in the
State as completely as it existed on the day that the title by location of the line of
the railroad acquired precision and became attached to the adjoining alternate sec-
tions. In direct answer to your inquiry upon this point, I therefore reply that the
Department is authorized by law to issue patents to the State of Minnesota opposite
that portion of the road constructed in sections often consecutive miles February 25,
1877, the date at which, according to the fourth section of the act of July 4, 1866, it
was provided, in the event that the road was not completed, that the lands not patented
should revert to the United States, and this for the reason above stated, that no act,
legislative or judicial, has been taken to revest the title of the United States.
Supplementary to this inquiry, I perhaps should add that, on examiliation of the
relations between the Southern Minnesota Railway Extension Company and the
Southern Minnesota Railroad Company, it appears thaf the title granted to the old
company was forfeited to the State of Minnesota by reason of the fact that the condi-
tions annexed to it were not performed; and that this forfeiture was impliedly as-
serted in the act making a grant to another company. (Farnsworth vs. Minnesota
and Pacific Railroad Company, 2 Otto, 50.)
2. A8 to the effect of change of line: -
So far as the lands now in question are concerned, it is not important whether the
road was completed on the location of 1866 or whether it is completed on the present
constructed line, since, under the terms of the grant, precisely the same lands will be
found in place within the ten-mile limit in either case. They are alike within ten
miles of the location of 1866 and ten miles of the constructed road. The fact that if
the constructed line had been the line of original location other lands in addition to
these now sought would have been withdrawn from the market, cannot affect the
question of the right to these lands which actually were withdrawn from the market.
How far a railroad is authorized, after having made and filed a map of its location,
to change such location and build upon a new and different line, does not seem neces-
sary to be considered in the present case. - -
The facts in the present case, as they appear from your statement and an examina-
tion of the legislative act, indicate that there was no proper location by which the
road, or any other parties interested, could be bound until after the act of the State
legislature of February 25, 1867. A location was made in 1866, after the act of Con-
gress had been passed granting the lands to the State of Minnesota, but before the
º had accepted the trust connected with the land grant. That location is
what is termed the old line or location of 1866. The maps of this location were trans-
mitted by the governor to the Secretary of the Interior December 4, 1866. When,
however, the legislature of the State accepted the grant—which was on February 25,
1867—the act by which they accepted it (referred to in your letter) required the line
as constructed to run to Fremont and thence to Jackson.
This was a legislative modification of the line which constituted a statutory direc-
tion to its own officers, and to the company, and appears to have been fully under-
stood at the General Land Office. The road cannot be considered to have received an
official definite location until after the acceptance by the legislature, which acceptance
contemplated this modification. The present constructed road appears to deviate
only from the original survey to such an extent as was necessary to cause it to conform
to the requirements of the legislative act. Waiving, therefore, as before indicated,
any discussion of the question how far railroads which have filed locations are gen-
erally authorized in construction to deviate therefrom, I answer your inquiry by
saying that the Department should accept proof of the construction of the road,
although on a line different from the one originally approved, and certify the lands
in question.
Very respectfully, your obedient servant, -
CHAS. DEVENS,
Attorney-General.
Hon. CARL SCHURZ,
Secretary of the Interior.
LAND PATENTS TO RAILROADS. & 845
F.
HASTINGS AND DAKOTA RAILROAD, DECISION OF SECRETARY OF THE
INTERIOR AS TO LAND GRANT OF. -
DEPARTMENT OF THE INTERIOR,
Washington, April 17, 1880.
SIR: By act of July 4, 1866 (14 Statutes, p. 87), a grant was made to the State of
Minnesota in aid of a railroad from Hastings, through the counties of Dakota, Scott,
Carver, and McLeod, to such point on the western boundary of the State as the legis-
lature might determine. e
This grant was accepted by the State March 7, 1867. Prior to that time, viz, on
the 4th of January, 1867, the governor had approved a map of definite location, which
was, at some time prior to the 4th day of April, 1867, placed on file in this Department.
Certain modifications and adjustments were made to carry the construction of the
road through several towns named in the act of acceptance, and all questions relating
to the location of the road as far west as Glencoe, in the county of McLeod, are con-
sidered as settled. I think the action of the State authorities and of the company
grantee in allowing the line to remain unchanged from Glencoe westward and to rest
in the Department files unchallenged, the lands along the route having been also with-
drawn within the lateral limits of such line to satisfy the grant, must be treated as a
clear recognition of the same as a line of definite location from which the grant cannot
now be floated,
January 10, 1879, the governor forwarded a certified map of construction running
from Glencoe to Montevideo, a distance of eighty miles, and on the 12th of January
last he supplemented the same by a map from the latter point westward to Ortonville
on the boundary of the State, a distance of forty-five miles; and request is now pending
for certification of the granted lands in favor of the Hastings and Dakota Railroad
Company, upon whom the grant has been conferred by the State. An inspection of the
maps filed shows a departure in construction from the line of definite location, the
variation in distance amounting at some points to six or seven miles on the portion east
of Montevideo, and from a few rods to about three or four miles to the westward of that
station. The road from a point in range 38 runs north of the Minnesota River, while
the original line crossed at that point and followed the south bank. Notwithstanding
these deviations it is claimed by the grantee that the road has been completed in sub-
stantial compliance with law, and whatever deviation is shown has been caused
by material difficulties and obstructions, which rendered the old route impracticable,
and fully explain and justify the modification and correction of the line.
To establish these allegations certain letters and statements of engineers of the com-
pany were filed, which, not being upon oath, were not recognized as sufficient.
I am now in receipt of corroborative affidavits from the following parties: Gates A.
Johnson, who, as engineer of the company, made the original survey and located the
line as filed in 1867; A. B. Rodgers, the present chief engineer, who has had charge of
the location and construction of the completed road; D. C. Shepard, a civil engineer
of thirty years' experience; and R. H. L. Jewett, civil engineer and surveyor, who ex-
ecuted in the field the United States surveys of the townships for fifty miles along the
route, and who has acted, by appointment from the governor, as State inspector of
construction and equipment of newly-built railroads in Minnesota.
These all speak from personal examination and knowledge of the locality and lines.
From their statements it appears that the line as originally run crossed a very rough
country of deep gorges and ravines, called “Coolies,” which would have rendered very
e difficult and expensive the construction of the road; that the Minnesota, bottoms are
composed almost entirely of granite, rendering earthwork impossible and compelling
the use of trestle-work and bridging; that a bridge across the river must have been a
mile or more in length, costing from one-half million to one million dollars; that the
tributary known as Hawk Creek is an immense gorge lying along and nearly parallel
to the river, and that it could not be crossed successfully below the present line near
its head; that to cross lower down would necessitate a steep grade to reach the sum-
mit and again descend to the river, the distance being so short as to render the attempt
impracticable; that to cross the river at the point fixed would also require a bridge
across the Yellow Medicine, and the bridging of numerous creeks, also requiring miles
of embankments across river bottoms subject to overflow, where embankments would
be liable to wash out; that these and other difficulties and expenses, recited in detail,
have been avoided by the present location, which is on a direct and practicable route,
and accommodates thriving and well-populated settlements, while the lands south of
the river and on the Sioux Reserve are comparatively unsettled and unproductive.
Without further discussion of these papers, which are transmitted with the other pa-
pers before me for your files, I conclude that the deviations in question cannot justly
846 . . LAND PATENTS TO RAILROADS.
be objected to or held to destroy the identity of the road, and, following the princi.
ples indicated in my communication of the 9th instant in the case of the McGregor
road, I have to direct that the lands be certified in satisfaction of the grant.
Very respectfully,
C. SCHURZ, Secretary.
The COMMISSIONER OF THE GENERAL LAND OFFICE.
G.
RAILROADS IN WISCONSIN–WISCONSIN CENTRAL RAILROAD, AS TO LAND
GRANT TO, FORMERLY PORTAGE, WINNEBAGO AND SUPERIOR RAIL-
ROADS. *
[Decisions and accompanying papers, exhibits G, H, K, L*, L*, L*, M, N, N°.]
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., November 16, 1877.
SIR: I have the honor to submit here with for approval list No. 8 of selections by
the Wisconsin Central Railroad Company, containing 102,732.49 acres, granted in the
Eau Clare, Wausau, and Bayfield districts, Wisconsin, by the act of Congress approved
May 5, 1864.
In this connection I desire to state that an examination of the records of this office
show that the number of acres in odd-numbered sections within the granted or ten-
mile limits of said road is 1,377,383.93.
The number of acres disposed of by the Government prior to the passage of the
granting act is 789,622.00, the number of acres disposed of subsequent to said date,
but prior to the definite location of the line of the road, is 161,659.53. The quantity
patented to the company within the granted limits aggregated 240,363.54 acres, and the
quantity patented within the indemnity limits amounts to 203,459.62 acres.
It has been the practice of this office and Department, since the inauguration of the
railroad land-grant system, to allow indemnity for all lands lost to the grant by
reason of sale, reservation, &c., prior to the definite location of the road, but by the
decision of the Supreme Court of the United States in the case of the Leavenworth,
Lawrence and Galveston Railroad Company vs. United States (2 Otto), it would ap-
pear that that practice was erroneous; that indemnity could only be allowed for land
sold or disposed of after the passage of the granting act.
On this subject the court says: “* * * the only purpose of that clause [indem-
nity] is to give lands outside of the ten-mile limits for those lost inside by the action
of the Government in keeping the land offices open between the date of the granting
act and the location of the road.”
Applying this rule to the grant under consideration the company has received
patents for 41,820.09 acres in excess of the indemnity authorized by the granting act.
The tracts embraced in the list here with, together with those heretofore selected
and patented, aggregate 343,096.03 acres, leaving yet unselected 83,006.37 acres in the
granted limits. 3' - -
It is proposed by Mr. W. K. Mendenhall, resident attorney for the company, that the
Government issue patents for the tracts embraced in the list now submitted, and au-
thorize the selection of the 83,006.37 acres aforesaid, but that the last amount shall
be withheld from patent until arrangements can be made by which the excess indem-
ntiy patented can be reconveyed to the United States.
I would recommend that this proposition be acceded to.
The company has selected and paid fees upon 167,072.14 acres of indemnity lands,
which have not, as yet, been patented. It is desired that the fees thus paid may be
applied to the tracts in the granted limits yet to be selected. I would recommend
that this request be denied. The selections were made under a supposed correct con-
struction of the grant, and the fees paid thereon were for services performed by the
local officers. I do not believe that because the selections were erroneously made
that the additional labor of examining and certifying a second list should be imposed
upon the local officers.
Under the first section of the act of July 1, 1864, it is held that the registers and
receivers are each entitled to receive a fee $1 for each selection of 160 acres, and I
am of opinion that the company should be required to pay the prescribed fees thereby,
should the selection of the tracts in the granted limits be authorized.
I inclose here with two letters from Mr. Mendenhall upon the subject of this commu.
nication, dated October 4 and 18, 1877.
Very respectfully, your obedient servant,
g J. A. WILLIAMSON,
Commissioner.
Hon. C. SCHURZ,
Secretary of the Interior.
LAND PATENTS TO RAILROADS. 847
H.
DEPARTMENT OF THE INTERIOR,
Washington, December 26, 1877.
SIR: Referring to your letter of the 16th ultimo, transmitting for approval list No.
8 of selections by, the Wisconsin Central Railway Company, containing 102,732.49
acres, granted in the Eau Claire, Wausau, and Bayfield districts, Wisconsin, by the
act of Congress approved May 5, 1864, I have to state that I have this day approved the
same, and it is here with returned.
In your communication you state that the records show that there are 1,377,383.93
acres within the granted or 10-mile limits of said company’s road; that the number
of acres disposed of by the Government prior to the granting act was 789,622 acres;
and that the number of acres disposed of between the date of the granting act and
the definite location of the road was 161,659.53 acres; and that the quantity pat-
ented to the company within the idemnity limits amounts to 203,459.62 acres.
The Supreme Court of the United States, in its elaborate decision in the case of the
Leavenworth, Lawrence and Galveston Railroad Company vs. The United States,
reaffirmed the doctrine formerly announced “that a tract lawfully appropriated
to any purpose becomes thereafter severed from the mass of public lands, and that
no subsequent law or proclamation will be construed to embrace it or to operate upon
it, although no exception be made of it.
It follows that land lawfully 80ld or disposed of by the United States prior to the
passage of the act granting lands to the State of Wisconsin was excepted from the
fººtion of said grant, and, if so, no indemnity can be obtained for the land thus
Ost.
On this point the court, in the case before cited, says:
“The idemnity clause has been insisted upon. We have before said that the grant
itself was in praesenti, and covered all the odd sections which should appear, on the
location of the road, to have been within the grant when it was made. The right to
them did not, however, depend on such location, but attached at once on the making
of the grant. It is true they could not be identified until the line of the road was
marked out on the ground; but, as soon as this was done, it was easy to find them.
If the company did not obtain all of them within the original limit, by reason of the
power of sale or reservation retained by the United States, it was to be compensated
by an equal amount of substituted lands. The latter could not, on any contingency,
be selected within that limit; and the attempt to give this effect to the clause receives
no support, either in the scheme of the act or in anything that has been urged by
counsel. It would be strange, indeed, if the clause had been intended to perform the
office of making a new grant within the ten-mile limit, or enlarging the one already
made. Instead of this, the words employed show clearly that its only purpose is to
give sections beyond that limit for those lost within it by the action of the Govern-
ment between the date of the grant and the location of the road. This construction
gives effect to the whole statute, and makes each part consistent with the other. But,
even if the clause were susceptible of a more extended meaning, it is still subject to and
limited by the proviso, which excludes all lands reserved at the date of the grant, and
not simply those found to be reserved when the line of the road shall be definitely
fixed. The latter contingency had been provided for in the clause; and, if the pro-
viso did not take effect until that time, it would be wholly unnecessary. And these
&lands being within the terms of the proviso, as we construe it, it follows that they are
absolutely and unconditionally excepted from the grant; and it makes no difference
whether or not they subsequently became a part of the public lands of the country.”
The indemnity clause in the act of May 5, 1864 (13 Stat., 66), is in substance the
same as the indemnity clause in the act of March 3, 1863 (12 Stat., 772). Applying
this rule to the grant now under consideration, it will be seen that there has been
patented to the Wisconsin Central Railroad Company 41,800.09 acres in excess of
what it is entitled to. **.
You are therefore instructed to call upon the company to relinquish its claim to
the said quantity of land, in order that the same may be restored to the public do-
TGla,IIl,
It appears from the statement of Mr. Mendenhall, attorney for the company, that
it has caused to be selected 167,072.14 acres as indemnity land, and paid the fees
thereon, amounting to $2,087.13.
Under the rule announced by the court, above cited, these lands cannot be patented
to the company, and the request is made that credit be given for the fees thus paid,
to apply on the lands to be selected in place.
The fees thus received by the local officers were paid as compensation under the
provision of section 2238 of the Revised Statutes, for labor actually performed at the
request of the company; and there is no law which authorizes this Department to re-
quire the local officers to perform the additional labor of making new selections with-
out compensation. Your recommendation that the request be denied is approved.
848 LAND PATENTS TO RAILROADS.
The company also request that in view of the changed practice in the adjustment
of indemnity lands, it be permitted to relinquish its claim to the lands already pat-
ented and select others within its indemnity limits, where most convenient and de-
sirable. The basis of this request is that, under the rule of this Department in force
prior to the decision of the Supreme Court above cited, the company would have re-
ceived all the vacant lands in the indemnity limits; hence its selections were made
in a body, taking all the vacant lands in the several sections along the line of the
road; but under the rule now in force in the Department, the selections would be
differently made.
The lands for which patents have issued were voluntarily selected by the company.
The Government and the public have been influenced in their action by this adjust-
ment, and I see no sufficient reason why it should be set aside and the additional
labor and expense incident to the adjustment of new selections incurred.
The request is therefore denied.
The papers in the case are here with returned.
Very respectfully,
C. SCHURZ,
& Secretary.
The COMMISSIONER OF THE GENERAL LAND OFFICE.
K.
DEPARTMENT OF THE INTERIOR,
Washington, July 30, 1878.
SIR: I herewith return, with my approval, list No. 9, containing 29,398.51 acres of
land in place inuring to the Wisconsin Central Railroad Company, under the act of
Congress approved May 5, 1864, submitted by you on the 29th instant.
I also return the stipulation, dated May 20, 1878, and signed by the company, to
the effect that said company will ask for no further certificates or patents for lands
within the limits of its grant, “until the question as to the excess of indemnity,
which it is alleged has heretofore been patented to the company to the amount of
41,800 acres, shall be settled by a relinquishment of the same or by a decision of a
proper tribunal.” * :
You will be governed by the terms of this agreement, until otherwise instructed by
this department.
Very respectfully,
C. SCHURZ,
Secretary.
The COMMISSIONER OF THE GENERAL LAND OFFICE.
L.
DEPARTMENT OF THE INTERIOR,
GENERAL, LAND OFFICE,
Washington, D. C., July 29, 1878.
SIR: I have received selections by the Wisconsin Central Railroad Company, unº
der act of Congress approved May 5, 1864, of lands within the 10-mile limits of the
grant, amounting, as shown by the accompanying clear list (No. 9), to 29,398.51 acres.
In connection there with I have also received a letter from the president of the com-
pany inclosing an agreement on behalf of the company, conditioned upon approval
and patenting of these selections, “not to ask for any further certificates or patents
of lands within the limits of its grant until the question as to the excess of indemnity,
which it is alleged has heretofore been patented to the company to the amount of
41,800 acres, shall be settled by a relinquishment of the same, or by a decision of a
proper tribunal.”
From the tenor of the communication accompanying this agreement, and of one
of the 20th instant, referred to this office by you, both of which, and the agreement,
are here with transmitted, I infer that the selection of these lands is the result of an
understanding, between the Department and the company in the matter. e *
I have therefore examined and certified to the selections in the usual manner, and
lay the list of the same before you for your action. , a.
I have the honor to be, sir, very respectfully, your obedient servant,
J. A. WILLIAMSON,
Commissioner.
Hon. C. SCHURZ, *
Secretary of the Interior. $’
LAND PATENTS TO RAILROADS. 849
L1.
WISCONSIN CENTRAL RAILROAD COMPANY.,
Milwaukee, Wis., May 20, 1878.
DEAR SIR: I inclose herewith an agreement, as required by the Secretary of the
Interior, which will entitle this company to an approval of the lists for 30,000 acres
of its grant recently filed in the Wausau, Eau Claire, and Bayfield offices.
I request that the rule of the Department which requires that lists for approval
shall remain on file five months before patent shall issue may be set aside in this
‘CalSO,
I understand that the rule was adopted in order to give parties having adverse
claims an opportunity to present proof of their claims and have them acted upon by
the Department.
As the lands embraced in our lists were withdrawn from sale in 1869, all claims ad-
Verse to the title of this company must have been disposed of, and therefore the neces-
sity for the rule no longer exists. It is of the utmost importance that the company
should receive patents for the lands embraced in these lists immediately, and I hope
the usual five months' delay may be avoided.
I have sent you by express a map properly certified by the governor of Wisconsin
and the chief engineer of the company, showing the completion of the seventh sec-
tion—26 miles—north from Stevens Point. This map, with those previously filed in
the General Land Office, completes the line of route of the railroad from Portage to
Stevens Point and from Stevens Point to Ashland. -
Very respectfully,
CHAS. L. COLBY,
President.
Hon. J. A. WILLIAMSON,
Commissioner of General Land Office, Washington, D. C.
it. Marble, solicitor of the Interior Department, drew up the agreement in-
CIOSCOls
L2.
[Wisconsin Central Railroad Company, Charles L. Colby, president.]
MILWAUKEE, WIS., July 20, 1878.
DEAR SIR: A few months ago I had the pleasure of an introduction to you through
Gov. William E. Smith, and you favored me with one or two personal interviews in
regard to our land grant, which you doubtless remember.
The following are some of the points alluded to: I explained—
1st. That we had invested many millions of dollars in the construction of our road,
the principal inducement for which was our land grant, which we were informed was
large and valuable, and which the United States Land Commissioner in an official
letter informed us amounted to 1,357,000 acres. The printed circulars issued by the
Department states the amount of the grant to our company to be 1,800,000 acres.
2d. It now appears that the official statements are fearfully incorrect, and that
there are only about 800,000 acres unsold in the whole limits of our grant south of
Bayfield, including the indemnity.
3d. Under recent decisions of the Supreme Court you have deemed it necessary to
cut down even this amount about 25 per cent. more.
4th. We are very anxious to receive our patents for all the lands to which we are
entitled, and the cutting down of our grant is ruinous to our company.
5th. A short time ago you declined to give us further patents, even for lands in
place, on the ground that if you should give us all we are entitled to in place, you
would then have patented to us 41,800 acres more than under the decision referred to
you would consider us entitled to.
At our personal interview, to which I refer, I asked that patents be issued to us for
30,000 acres more, and the balance (some 57,000 acres) to be withheld until we should
either relinquish 41,800 acres from lands already patented us for indemnity, or until
the question of excess of indemnity be definitely settled by some competent tribunal.
On May 9 I had my last interview with your solicitor, Mr. Marble, to whom the
matter was referred. He then advised me to apply for 30,000 acres in 10-mile limits,
and with this list file an agreement not to ask for more patents until the question at
issue should be settled. He also very kindly worded for me the form in which the
agreement should be expressed.
Probably this statement will remind you and Mr. Marble of all the circumstances
of our interviews. And I desire here to express my appreciation of the courtesy and
kindness with which you listened to all my explanations.
In accordance with Mr. Marble's advice, the necessary lists were prepared and filed
54 L O—WOL III
850 LAND PATENTS TO RAILROADS.
in. the Department. The agreement, as proposed by him, was forwarded to the Com-
missioner of the General Land Office at Washington on May 20, 1878, with my letter
of explanation. -
The summer is fast slipping away, and with it my opportunities to sell the land ap-
plied for and bring in new settlers. You know how important time is to us, and that
. #. weeks more or less in the right season makes a difference of thousands of
Olla,IS.
Am I trespassing too much upon your kindness in asking you to instruct the Com-
missioner of the General Land Office to make this a special case, and to make and de-
liver the patents to us immediately 3 This is a matter of great importance to us.
Thanking you again for your several courtesies.
I am, yours, very truly,
CHAS. L. COLBY,
President Wisconsin Central Railroad Company.
Hon. CARL SCHURZ,
Secretary of the Interior, Washington, D. C.
L3.
[Wisconsin Central Railroad Company, Charles L. Colby, president.]
MILWAUKEE, WIs., May 20, 1878.
SIR: In applying for approval of list for 30,000 acres, in Wausau, Eau Claire, and
Bayfield districts, filed in May, 1878, and for patent for lands therein described, the
Wisconsin Central Railroad Company hereby agrees not to ask for any further certifi-
cates or patents of lands within the limits of its grant until the question as to the ex-
cess of indemnity, which it is alleged has heretofore been patented to the company
to the amount of 41,800 acres, shall be settled by a relinquishment of the same or by a
decision of a proper tribunal.
WISCONSIN CENTRAL RAILROAD COMPANY.,
By CHAS. L. COLBY, President.
L4.
Washington, D.C., February 20, 1882.
SIR: The Wisconsin Central Railroad Company is an applicant for patents for lands
within their granted and indemnity limits for which selections have been made, and
to the extent of the indemnity tracts are ready for submission to your Department for
approval preparatory to issue of patent, but I learn informally from the Commis-
sioner of the General Land Office that for the present it is not your desire that lists of
railroad selections shall be submitted for approval, this because of the several resolu-
tions and bills before Congress relative to railroad land grants.
While these resolutions are broad in their scope, yet we know of none that reach
to or are intended to reach to or affect in any way lands earned by the companies by
construction of road within the statutory limitation. This is the status of the Wis-
consin Central Railroad Company upon its present applications.
The selections embrace lands due for road constructed within the limitation of the
a W.
The files of the General Land Office will, we are confident, show that the company
had constructed within the legal time not less than 200 miles of Its road, which would
entitle it to about 1,200,000 acres of land; and that all the lands patented to it to
date, together with those which we have selected and for which we desire patents,
will not near satisfy this lien. The company has received patents for only 575,000
acres. Hence to approve these lands and give the company patents therefor will in
no way be against the spirit or letter of these legislative resolutions or present your
Department as showing a disregard for their possible effect. We therefore ask that
you will direct that our lists may be submitted for and that [they] will receive your
approval for patent.
Very respectfully,
W. K. MENDENHALL,
Attorney Wisconsin Central Railroad Company.
Hon. S. J. KIRKWOOD,
Secretary of the Interior.
[Indorsement.]
DEPARTMENT OF THE INTEEIOR.
Commissioner MCFARLAND: -
Has the entire line of the road been completed; if so, was it all done within the
time prescribed by the law making the grant 7 S. J. K.
LAND PATENTS TO RAILROADS. 851
M.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., March 30, 1882.
SIR: I am in receipt of a letter from W. K. Mendenhall, esq., addressed to you and
referred by you to this office for a report, in which he requests that you will direct
that certain lists of selections, made by the Wisconsin Central Railroad Company, be
submitted by this office for your approval, and that the same may be approved for
patent.
You ask, “Has the entire line of road been completed; if so, was it all done within
the time prescribed by the law making the grant 7"
The grant for this railroad was made by act of May 5, 1864 (13 Stat., 64), and is for
every alternate section, designated by odd numbers, for ten sections in width on each
side of the road, with indemnity limits of 20 miles, or 10 miles additional, upon each
side of the line of route.
Indemnity may be had for all lands found to have been reserved or otherwise dis-
posed of, or to which pre-emption or homestead rights had attached, prior to the date
of definite location of the road. -
The granting act was amended by act of June 21, 1866 (14 Stat., 360), to authorize
the location of the line of route as specified in said amendatory ach.
The act of April 9, 1874 (18 Stat., 28), extended the time for completion of the road
until December 31, 1876. -
The act of March 3, 1875 (18 Stat., 511), allowed the company to straighten the line
of road between Portage City and Stevens Point, taking, however, only such lands,
falling within the 10-mile limits of the amended line, as were included in the original
withdrawal; those falling outside the said 10-mile limits of the amended line reverted
to the United States.
The length of the line as finally located from Portage City to Superior is 341 miles,
of which 231 miles were constructed prior to December 31, 1876, the date of expiration
of the time limited, and 26 miles have been constructed since said date, making a total
of 257 miles of constructed road, leaving uncompleted at expiration of the time lim-
ited 110 miles, and now remaining uncompleted 84 miles. -
The grant, at ten sections per mile for 341 miles, would give an aggregate of
2,182,400 acres, but as the line is located along the lake from Ashland to Superior the
area of the grant is lessened thereby, and the total area is estimated at about 1,800,000
acres, or the entire line.
º cords of this office show that 575,844.56 acres have been patented for said
Iſà,111’Oa,(l. --
The list, now ready for submission for approval for patent, and referred to by Mr.
Mendenhall, contains 23,578.08 acres.
Were it fully determined that the company is entitled to the full complement of
lands granted for that portion of the road constructed before the expiration of the
time named for the completion of the entire road, there would be, in my opinion, no
valid objection to the approval of the list in question, as it is apparent from the above
statement that the company has earned, by the construction of the 231 miles built
prior to December 31, 1876, much more than the aggregate of the lands heretofore
patented, plus those in the list under consideration. As, however, the whole ques-
tion concerning grants which have “lapsed” by failure to complete the roads within
the statutory period is now before Congress, it is my judgment that no steps should
be taken, at present, looking to the patenting of further lands for the benefit of the
grant in question.
Mr. Mendenhall’s letter is here with returned.
Very respectfully,
- N. C. MCFARLAND,
e Commissioner.
Hon. S. J. KIRKwooD,
Secretary of the Interior.
N.
WASHINGTON, D. C., September 18, 1882.
SIR: On the 20th February last I had the honor to address your Department on be-
half of the Wisconsin Central Railroad Company, upon the subject of receiving patents
for lands earned by the construction of road prior to the expiration of the grant.
This communication was referred by your predecessor to the Commissioner of the
General Land Office for a report as to the construction of the road. That report shows
that the company had constructed within the limitation of the statute 231 miles of
road, which entitled it to 1,400,000 acres of land; that only 575,844 acres have been
patented, and that the list of selections for which we ask approval and patent cover
852 LAND PATENTS TO RAILROADS.
but 230,578 acres, leaving nearly 600,000 acres yet due the company for the road con-
structed in time, but which we cannot obtain because of the want of lands to satisfy
it. The Commissioner adds to his report as follows: “Were it fully determined that
the company is to have the full complement of lands granted for that portion of road
constructed before the expiration of time there would be no valid objection to the
approval of the list;” but he suggests that as the whole question Concerning grants
which have lapsed by failure to complete the road within the statutory period is now
before Congress, no steps should be taken at present looking to the patenting of fur-
ther lands for the benefit of the grant in question.
No action has been taken as yet by your Department upon our application and said
report, and we beg to again call your attention to the subject and to the following
remarks: -
As to our right to the lands earned by construction within the limitation we cannot
believe you entertain a doubt. There is no room for argument on the subject. The
grant itself decides it so and the courts have so held. The seventh section of the act
(May 5, 1864) provides that as each 20 miles of road is constructed patents shall issue
for the lands earned on said 20 miles, and so far as the road is completed. In sec-
tion 9 it provides that if the road is not completed within ten years “no further pat-
ents shall be issued to said company;” that is, no patents further than the company
may have earned by construction—no further patents than are authorized to be is-
sued by section 7, to wit, for the number of miles of road constructed within the
time imposed. This is the strictest construction which can be given to the statute.
Assume that the company is now before you for the first time asking for patents for
lands earned by construction of road before expiration of grant, will it be held that
because none have issued, none could issue because of such expiration, and thus that
we must lose the whole # Yet the argument applies to the whole as to a part. Such
reasoning makes the grant a mere matter of diligence in procuring patents and is too
fallacious to stand.
That this is a grant in presenti needs not to be argued; that question is 8tare decisis.
The title became perfect and indefeasible when the conditions subsequent were per-
formed; and the Department is directed to issue the patents upon the performance of
such conditions.
To the extent of our present request the company has done its part. Every re-
quirement of the statute has been fulfilled—we have located our line, built our road,
and it has been accepted by the State; the title has become complete; the absolute
fee to any and every concession or grant made by the act has vested; the Supreme
Court of the United States has so decided in Schulenberg v8. Harriman (24 Wall., 44);
the court there goes even further and says, relative to the prohibition against further'
sales (patents in our case), “If the condition be not enforced the power to sell continues
as before the breach, limited only by the objects of the grant and the manner of sale
prescribed by the act.” So in the matter of the Atlantic and Pacific Railroad Com-
pany the Attorney General expressed the opinion that the Company is entitled to
patents for lands earned by construction of the road 8wbsequent to the expiration of
the grant, and your department issued patents to it accordingly. Much stronger,
then, is our present claim for patents for lands earned by construction prior, to such
expiration; clearly and indubitably earned before any forfeiture could attach; earned
by a full compliance with every condition imposed by the Government; so fully earned
that our right cannot be taken away by any “Be it enacted” of Congress.
There is, then, no legal question for consideration; all conditions of the law have
been complied with, and the only duty remaining to the Department is purely minis-
terial, to wit, the issue of the patents.
We therefore ask that our patents be given us for these lands. The questions before
Congress do not involve us in this respect, because it would be futile to so consider
us. The questions there bear upon and are considered only as bearing upon that por-
tion of grants not earned by construction prior to their expiration; and that body
certainly does not desire or expect the Department to withhold (because of the legis-
lation they are considering) patents for lands completely earned and over which they
have, and can have, no jurisdiction; lands, the title to which has, beyond peradven-
ture, vested in the company.
We are urgently in need of the patents asked for and the delay in their issue is
embarrassing to the company.
We therefore ask your attention to this matter at the earliest moment, and that you
will authorize the issue of patents to us for all lands earned by construction of road
prior to the date of expiration of the grant, December 31, 1876.
Very respectfully,
W. K. MENDENHALL,
Attorney for Wisconsin Central Railroad Company.
Hon. H. M. TELLER,
Secretary of the Interior.
LAND PATENTS TO RAILROADS. 853
N1.
DEPARTMENT OF THE INTERIOR,
Washington, October 2, 1882.
SIR: I here with inclose letters from W. K. Mendenhall, esq., dated, respectively,
February 20 and September 18, 1882, on behalf of the Wisconsin Central Railroad
Company, in which a request is made for the patenting of lands earned by the con-
struction of that railroad prior to the expiration of the grant.
By your letter of the 30th of March ultimo it appears that the road has received
575,844.56 acres, and that the lists ready for submission for approval contain 23,578.08
acres, and that these two armounts will fall short of the number of acres earned by
the construction of 231 miles of road completed prior to December 31, 1876.
In the matter of the grant to the Wisconsin Central Railroad there is no question
that the road was entitled to alternate sections so soon as progressive sections of the
road should be completed. That being the case, I see no reason why the list men-
tioned in your letter should not be submitted to me for approval, and you are directed
accordingly.
Very respectfully,
H. M. TELLER,
Secretary.
Hon. N. C. McFARLAND,
Commissioner of the General Land Office.
N2.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., November 13, 1882.
SIR: Referring to your communication of the 2d ultimo, authorizing the submis-
sion to you for approval of lists of lands inuring to the grant for the Wisconsin Cen-
tral Railroad, to the extent that said lands were earned by construction of road prior
to the expiration of the grant, I submit here with list No. 11, containing 43,280.99
acres within the granted ten-mile limits in the Eau Claire, Bayfield, and Wansau
districts, Wisconsin.
Very respectfully, your obedient servant,
- N. C. McFARLAND,
Commissioner.
Hon. H. M. TELLER.
Secretary of the Interior.
P.
ATLANTIC AND PACIFIC RAILROAD LAND GRANT, OPINIONS OF ATTOR-
NEY-GENERAL, COMMISSIONER GENERAL LAND OFFICE, AND SECRE-
TARY OF THE INTERIOR, EXHIBITS P, R, S, T.
DEPARTMENT OF JUSTICE,
Washington, October 26, 1880.
SIR: Your letter of the 15th instant presents for my consideration the application
of the Atlantic and Pacific Railroad Company for the appointment of three commis-
sioners to examine a section of 25 miles of its road west from Albuquerque, N. Mex.,
under section 4 of the act of Congress of July 27, 1866. r
The Atlantic and Pacific Railroad Company was created by and organized under
the act of Congress above mentioned, and was granted the right of way and the
public lands of the United States within certain defined limits from Springfield, Mo.,
through the Indian Territory and New Mexico, to the Pacific coast.
Before 1871, it appears that the company constructed its road from Springfield to
the western boundary line of the State of Missouri, and this portion of the road was
duly accepted by the President, and patents for the land issued. This action was in
accordance with the provision of section 4 of the granting act, which provides that
when the company shall have 25 consecutive miles of any portion of said railroad
ready for the service contemplated, the President of the United States shall appoint
three commissioners to examine the same; and if it shall appear that 25 consecutive
miles of road have been completed in all respects required by the act, the commis-
sioners shall so report to the President of the United States, and patents to lands, as
provided for by the third section of the act, shall be issued to the company.
The company next completed 34 miles in the Indian Territory prior to 1871; but
because the United States had not extinguished the Indian title, no steps were taken
for the issuance of patents along the road in that Territory.
854 LAND PATENTS TO RAILROADS.
From the early part of the year 1871 down to August or September of the present
year, no section or portion of the road was constructed by the company ; in fact no
Work of any kind or description was done by the company on the road.
Section 8 of the act makes it a condition of each and every grant, right, and privi-
lege given to the company, that the company “shall commence the work on said
road within two years from the approval of this act by the President, and shall com-
plete not less than 50 miles per year after the second year, and shall construct, equip,
furnish, and complete the main line of the whole road by July 4, 1878.”
The company has not conformed to this condition, as it appears that for six years
prior to July 4, 1878, no road was constructed; and, in addition, that for two years
Subsequent to that date no portion of the road was constructed.
The ninth section of the act recites that the conditional grants were made and ac-
cepted upon the further condition that “if the company make any breach of the
conditions and allow the same to continue for upwards of one year, then in such case,
at any time hereafter, the United States may do any and all acts and things which
may be needful and necessary to insure a speedy completion of the said road.”
By section, 20 Congress has retained the right to add to, alter, amend, or repeal
this act, having due regard for the rights of said railroad company.
Having in view the provisions and conditions of the granting act, and the failure
on the part of the railroad company to perform the conditions prescribed in the man-
ner recited, you request my opinion upon the following question :
“Is it within the power and the duty of the Executive to appoint commissioners to
examine the section of road submitted by the Atlantic and Pacific Railroad Company,
to accept the same if completed in all respects required by the act of July 27, 1866,
and to cause patents to be issued to said company for lands situated opposite to and
coterminus with, the section of road, if completed?”
As I think the grant to this railroad must be treated as a present grant, to be made
afterwards definite, as from time to time the various portions of the road are com-
pleted, the only inquiry would seem to be whether or not the conditions upon which
the company received the grant are in their nature conditions precedent or subse-
quent. If conditions precedent, the failure to perform such conditions would deprive
the road of its right to make application for the benefits of the act, if, after such con-
ditions were violated, it proceeded to build portions of the road. If conditions sub-
sequent, then it would be necessary for the United States to take advantage of such
conditions by acting under the ninth section of the act, and proceeding itself to do
acts and things which might be safe or necessary to insure a speedy completion of the
road, or by declaring a forfeiture of the grant by legislative action or by providing
for enforcing the same by a judicial proceeding. If the United States were disposed
to revest in itself or to enforce a forfeiture of the lands granted, it would be necessary
to take some action indicative of that intention.
The case of Schulenberg v8. Harriman is apparently decisive of the present inquiry.
That was the case of a grant of lands to the State of Wisconsin, to aid in the con-
struction of a certain railroad within that State, by the act of June 3, 1856. The
language of the first section of that act was, “That there be, and hereby is, granted
to the State of Wisconsin,” the lands specified. Similar language is found in the third
section of the act of July 27, 1866, “That there be, and hereby is, granted to the At-
lantic and Pacific Railroad Company,” &c. In that case the grant was made upon
a condition that if the road be not completed within ten years “no further sale shall
be made, and the lands unsold shall revert to the United States.” The road had not
been completed within the time required for its construction, which had not been ex-
tended, and Congress had passed no act nor provided for any judicial proceedings
to enforce any forfeiture of the grant for failure to construct the road within the pe-
riod prescribed. Upon this state of facts it was held that the grants to the State of
Wisconsin were grants in praesenti, which required precision, as the route of the road
became fixed by its location, and that the lands had not reverted to the United States,
although the road was not constructed within the period prescribed, no action hav-
ing been taken either by legislation or judicial proceedings to enforce a forfeiture of
the grants. -
The conditions in the present case must be held in view of this authority to be
conditions subsequent. Apparently they are much more strongly so than in the case
referred to. The section nine, in which they are found, distinctly contemplates that
the United States will do some act and may do certain acts upon the breach of the
conditions.
I am, therefore, of opinion that the grant to the railroad has not been forfeited by
its failure to build its road within the time named in the act, no action by reason of
its failure to perform the conditions having been taken by authority of Congress. It
having then a present grant, even if it be treated as one liable to forfeiture, it has
still a right to proceed to construct the road, and until in some form advantage shall
be taken of the breach of the conditions it would be the duty of the executive depart-
ment to give it the benefit of the grant.
LAND PATENTS TO RAILROADS. 855
&
I am also of opinion, therefore, that it would be within the power and duty of the
Executive to appoint commissioners to examine the section of road submitted by the
Atlantic and Pacific Railroad Company, to accept the same if completed in all respects
required by the act of July 27, 1866, and to cause patents to be issued to said com-
Fºr lands situated opposite to and coterminous with the section of road if com-
pleted.
I have the honor in this connection to refer to the opinion delivered to your De-
partment by me, of the date of November 29, 1879 (upon which I understand the De-
pºint has acted), in which the case of Schulenberg v8. Harriman, 8wpra, was con-
§lClered.
Very respectfully, your obedient servant,
CHAS. DEVENS,
Attorney-General.
Hon. CARL SCHURZ,
Secretary of the Interior.
DEPARTMENT OF THE INTERIOR,
Washington, December 15, 1880.
SIR: I have the honor to submit herewith, for your consideration, the report of
Messrs. Hoyt Sherman, J. E. Bloom, and A. B. Nichols, who were appointed by you
commissioners to examine the sixth section of the railroad and telegraph line con-
structed by the Atlantic and Pacific Railroad Company. Said section, begins at a
point in township 8 north, range 2 east, near Isleta, at the junction with the New
Mexico and Southern Pacific Railroad, runs westwardly, and ends at a point 50 miles
from the place of beginning, all in the Territory of New Mexico.
The commissioners report said section to be built in “a workmanlike and credit-
able manner,” and in substantial conformity with law and the instructions of this De-
partment. I therefore recommend that said section be accepted by you, and that pat-
ents for lands earned by the construction thereof be issued to said company, pursuant
to the fourth section of the act approved July 27, 1866. (14 Stat., 295.)
Very respectfully, C. SCHURZ
ſº 5
Secretary.
The PRESIDENT.
DEPARTMENT OF THE INTERIOR,
Washington, December 17, 1880.
SIR: I inclose here with copy of letter addressed to the President by me, on the 15th
instant, transmitting report of commissioners appointed by him to examine 50 miles
of the Atlantic and Pacific Railroad, lying immediately westward of the Rio Grande,
at Isleta, N. Mex., and recommending that the Section (sixth) be accepted, and that
the lands earned by the construction thereof be issued to the Atlantic and Pacific Rail-
road Company, together with copy of the President's indorsement thereon, approving
the recommendations.
I also transmit here with the map and profile of said section, which accompanied
the report of the commissioners, that you may carry out the President's order.
Very respectfully, C. SCHURZ
t 9
Secretary.
The COMMISSIONER OF THE GENERAL LAND OFFICE.
T.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., January 3, 1881.
SIR : By act of Congress approved July 27, 1866, certain lands were granted to aid
in the construction of a railroad and telegraph line from the States of Missouri and
Arkansas to the Pacific coast, and the Atlantic and Pacific Railroad Company was in-
corporated and made the beneficiary. Section 8 of the said act provided that the
company should commence work on the road within two years from its approval,
build not less than 50 miles per year after the second year, and complete the whole
line by July 4, 1878.
Section 9 enacted that if any of the conditions of the grant were broken, and con-
tinued so one year, “the United States may do any and all acts and things which
may be needful and necessary to insure a speedy completion of the said road.”
*
856 LAND PATENTS TO RAILROADS.
The road has not been completed, but there has been no further action by Congress
concerning the grant.
There is no provision in the granting act for a forfeiture of the same. . In the case
of Schulenberg et al. vs. Harriman (21. Wallace,44) the Supreme Court of the United
States decided, concerning a grant for railroad purposes, which provided in case of
a breach of its conditions that the lands should revert to the United States, that there
could be no reversion or forfeiture without judicial proceedings or legislative action,
and that in the absence of such proceedings or action the title remained unimpaired
in the grantee.
It is clear that the same principle will apply with greater force to the grant to the
Atlantic and Pacific Railroad Company, which does not provide for any reversion of
the lands nor for a forfeiture of the grant. With your letter of December 18, 1880,
you transmitted a map and profile of the road as constructed from a point in town-
ship 8 north, range 2 east, near Isleta, westwardly, a distance of 50 miles, all in the
Territory of New Mexico.
Your letter also transmitted a copy of the letter addressed by you to the President
on the 15th ultimo, transmitting the report of commissioners appointed to examine
said section of road, recommending its acceptance, and that the lands earned by the
construction aforesaid be patented to the company. The copy of your letter to the
President bears a copy of his indorsement, dated the 17th ultimo, approving your
recommendation. Thus the grant is fully recognized by the courts and the Executive
as being in full force and effect. By letter of December 8, 1880, the register at Santa
Fé transmitted a list of selections by the company, duly executed, of lands within
its “granted * limits. The list was received in this office the 14th ultimo.
It is the rule to hold lists of selections by railroad companies five months before
submitting lists for approval upon which to issue patents, in order that full protection
may be given to valid adverse claims.
It has been represented to me that it is very desirable that the company shall re-
# patent at an early day for the lands in question, to show the recognition of the
grant. -
Under the circumstances I think the request a reasonable one, and have concluded
to waive the stated rule, inasmuch as the lands in question have been long surveyed.
I submit herewith, for your approval, list No. 1 of lands in the Santa Fé district,
New Mexico, containing 23,037.36 acres.
The records and returns, so far as received, have been carefully examined, and the
lands included in the list are found free from any conflict or adverse claim.
Very respectfully, your obedient servant,
J. A. WILLIAMSON,
Commissioner.
Hon. C. SCHURZ,
Secretary of the Interior.
NEW ORLEANS PACIFIC RAILWAY, SUCCESSOR TO THE NEW ORLEANs,
BATON ROUGE AND WICKSBURG RAILROAD COMPANY, AS TO TRANSFER
OF LAND GRANT, OPINION OF ATTORNEY-GENERAL UNITED STATES.
DEPARTMENT OF JUSTICE,
Washington, D. C., June 13, 1882.
SIR: By a letter dated the 5th of January last, your predecessor submitted to me a
number of questions arising upon an application of the New Orleans Pacific Railway
Uompany for certain lands claimed under the land grant made to the New Orleans,
Baton Rouge and Vicksburg Railroad Company by the act of Congress of March 3,
1871, chapter 122.
The land grant mentioned is contained in the twenty-second section of that act,
which provides: -
“That the New Orleans, Baton Rouge and Wicksburg Railroad Company, chartered
by the State of Louisiana, shall have the right to connect, by the most eligible route
to be selected by said company, with the said Texas Pacific Railroad at its eastern
terminus, and shall have the right of way through the public land.to the same extent
granted hereby to the said Texas Pacific Railroad Company; and in aid of its con-
struction from New Orleans to Baton Rouge, thence by way of Alexandria, in said
State, to connect with the said Texas Pacific Railroad Company at its eastern termi-
nus, there is hereby granted to said company, its successors and assigns, the same
number of alternate sections of public lands per mile, in the State of Louisiana, as
are by this act granted in the State of California to said Texas Pacific Railroad Com-
pany; and said lands shall be withdrawn from market, selected, and patents issued
therefor, and opened for settlement and pre-emption, upon the same terms and in the
same manner and time as is provided for and required from said Texas Pacific Rail-
road Company, within said State of California: Provided, That said company shall
complete the whole of said road within five years from the passage of this act.”

LAND PATENTS TO RAILROADS. 857
The eastern terminus of the Texas Pacific Railroad, as fixed by the same act, was
a point at or near Marshall, Tex.
The New Orelans, Baton Rouge and Vicksburg Railroad Company was incorpo-
Tated by an act of the legislature of Louisiana passed December 30, 1869, which au-
thorized it to construct and operate a railroad “from any point on the line of the
New Orleans, Jackson and Great Northern Railroad, within the parish of Livingston,
running from thence to any point on the boundary line dividing the States of Lou-
isiana and Mississippi,” the route here indicated lying east of the Mississippi River.
It was also authorized to construct and operate a branch railroad from its main line
(above described) to the city of Baton Rouge; and for the purpose of connecting its
railroad with the railroads of other companies, &c., it was furthermore authorized
“to construct, maintain, and use, by running thereon its engines and cars, such
branch railroads and tracks as it may find necessary and expedient to own and use;”
and such branch railroads were, for all the purposes of the act, to be deemed and taken
to Constitute a part of the main line of its railroad within the State of Louisiana.
On November 11, 1871, that company filed in the General Land Office a map desig-
nating the general route of a road projected thereby from Shreveport, by way of Alex-
andria, to Baton Rouge, and thereupon the withdrawal of the publić lands along the
Same was ordered, which became effective in December following.
Subsequently, by an act of the legislature of Louisiana, passed December 11, 1872,
the same company was given “full power and authority to commence the construct
tion of their road in the city of New Orleans, or Shreveport, or at any intermediate
Point, on their line of road as may best suit the convenience of said company and
facilitate the speedy construction of a continuous line from the city of New Orleans
to the city of Shreveport, or perfect railroad communication with the Texas Pacific
Railroad, Or any other railroad in Northwestern Louisiana, at or near the Louisiana
State line: Provided, however, That the said company shall construct the line of its
road between the city of New Orleans and the city of Baton Rouge on the east side of
the Mississippi River, to the corporate limits of the said city of Baton Rouge, or ad-
jacent thereto.” 3.
In the mean time, by the act of Congress of May 2, 1872, chapter 132, the Texas and
Pacific Railway Company (formerly styled the Texas Pacific Railroad Company) was
“authorized and required to construct, maintain, control, and operate a road between
Marshall, Texas, and Shreveport, Louisiana, or control or operate any existing road
between said points, of the same gauge as thé Texas and Pacific Railroad.” The same
act further provided that “all roads terminating at Shreveport shall have the right
to make the same running connections, and shall be entitled to the same privileges,
for the transaction of business in connection with the said Texas and Pacific Railway,
as are granted to roads intersecting there with.” &
On February 13, 1873, a second map was filed in the General Land Office by the
New Orleans, Baton Rouge and Wicksburg Railroad Company, designating the general
route of a road projected thereby from New Orleans to Baton Rouge, and a with-
drawal of the public lands along the same was ordered, which took effect in April,
1873. The route between those places, those designated, lies on the east side of the
Mississippi River. That company has not constructed any part of its road, either on
the route between New Orleans and, Baton Rouge or on the route between the latter
place and Shreveport; nor, indeed, has there been a definite location of its road any-
where between the points mentioned. Nothing beyond the designation of the general
route thereof appears.
Pursuant to a resolution of its board of directors, adopted December 29, 1880, all
the right, title, and interest of that company in and to the aforesaid grant of public
lands made by the act of March 3, 1871, were deeded by it to the New Orleans Pa-
cific Railway Company. This action of the board of directors and officers of the
former company was afterwards approved and ratified by the stockholders thereof at
a meeting held in December, 1881.
The New Orleans Pacific Railway Company was originally incorporated under the
general laws of the State of Louisiana, in June, 1875. Its charter was subsequently
amended by acts of the Louisiana legislature, passed February 19, 1876, and February
5, 1878. It is thereby authorized to construct a railroad “beginning at a point on
the Mississippi River, at New Orleans or between New Orleans and the parish of Iber-
ville, on the right bank of the Mississippi, and Baton Rouge, on the left bank, &c.,
or from any point within the limits of this State, and running thence towards and to
the city of Shreveport,” which is made its northwestern terminus.
The route of this company as projected is understood to extend from New Orleans
to Baton Rouge, and thence by way of Alexandria to Shreveport. Between New
Orleans and Baton Rouge it lies on the west side of the Mississippi River; while the
designated route of the New Orleans, Baton Rouge and Vicksburg Railroad Company,
between the same points, lies on the east side of that river. Between Baton Rouge
and Shreveport its general course and direction correspond, in the main, with the
route designated by the last-named company. It is throughout its entire length
858 LAND PATENTS TO RAILROADS.
from New Orleans to Shreveport within the limits of the before-mentioned withdraw-
als of public lands.
In October, 1881, the president of the New Orleans Pacific Railway Company made
affidavit that three sections of its road were then completed and ready for examination
by the Government; whereupon a commissioner was appointed to examine the same,
the result of whose examination appears in a report made by him to the Secretary of
the Interior, under date of the 26th of that month. One of the sections embraces 68
miles of road, beginning on the west bank of the Mississippi River, opposite New
Orleans, and ending near the town of Donaldsonville; another embraces 20 miles of
road near Alexandria; and the third embraces 50 miles of road terminating at Shreve-
port. For each of these sections lands are claimed by that company under the afore-
: land grant, as assignee of the New Orleans, Baton Rouge and Vicksburg Railroad
Ompany.
§". of definite location of any portion of its road has been filed, other than
those of constructed portions.
It appears that in February, 1881, the New Orleans Pacific Railway Company pur-
chased from Morgan's Louisiana and Texas Railroad and Steamship Company, the
road constructed on the west bank of the Mississippi River by the New Orleans, Mo-
bile and Texas Railroad Company, from Westmego to White Castle, a distance of 68
miles, and that the same has become a part of the main line of the road of the New
Orleans Pacific Railway Company.
The following are the questions submitted:
“1. Was the grant to the New Orleans, Baton Rouge and Wicksburg Railroad
Company a grant in prosentif
“2. Had the New Orleans, Baton Rouge and Vicksburg Railroad Company, at
the date of its alleged transfer of lands to the New Orleans Pacific Railway Company,
such an interest in the lands, under said act, as was assignable?
“3. Is the New Orleans Pacific Railway Company such a successor to or assignee
of the New Orleans, Baton Rouge and Vicksburg Railroad Company as is contem-
plated by said act?
“4. Should it appear that the 68 miles of the New Orleans, Mobile and Texas Rail-
road was constructed prior to the act of March 3, 1871, granting lands to aid in the
construction of the New Orleans, Baton Rouge and Wicksburg Railroad, can the New
Orleans Pacific Company (its assignee) claim any benefit from the grant? Or in case
of such prior construction, and the non-construction of any portion of the New Orleans,
Baton Rouge and Wicksburg Road, has the purpose for which the grant was made
failed, and the grant consequently lapsed? r
“5. If the New Orleans, Mobile and Texas Road was constructed, subsequently to
the date of said act, is so much of its road as is now owned by the New Orleans Pa-
cific Company such a road as is contemplated for acceptance by the President within
the meaning of said act, and may patents issue to the latter for lands opposite to and
coterminous with such constructed portion of road 7”
These qmestions are accompanied by a request for an opinion upon such other ques-
tions of law as may suggest themselves touching the transfer of said land grant, to
which reference is above made.
Of the above-stated questions the first three may be considered together in connec-
tion with the following inquiry, which presents itself at the outset, whether the as-
8ent of Congress to the transfer made by the New Orleans, Baton Rouge and Vicksburg
Railroad Company of all its interest in said land grant to the New Orleans Pacific
Railway Company is necessary (by reason of anything in the provisions of the grant
itself) to entitle the latter company to the benefit of said grant in aid of the construc-
tion of the road projected by it.
The act of March 3, 1871, passed to the New Orleans, Baton Rouge and Vicksburg
Railroad Company a present interest in a certain number of alternate sections of pub-
lic lands per mile within the limits there prescribed. Its language is, “there is hereby
granted to the said company” the number of alternate sections mentioned; words
which import a grant in praesenti, and not one in futuro, or the promise of a grant. (97
U. S. Rep., 496.) But the grant thus made is in the nature of a float. It is of sections
to be afterward located, their location depending upon the establishment of the line
of the road. Until this is definitely fixed the grant does not attach to any specific
tracts of land. Upon the line of the road being definitely located the grant then
first acquires precision, and the company becomes invested with an inchoate title to
the particular lands covered thereby, which can ripen into a perfect title only as the
construction of each section of 20 miles of road is completed and approved, when the
right to patents for the lands opposite to and coterminous with such constructed
section accrues.
The proviso in the grant that the company shall complete the whole of its road
within five years from the date of the act is a condition subsequent, the failure to per-
form which does not ipso facto work a forfeiture of the grant, but only gives rise to a
right in the Government to enforce a forfeiture thereof. Yet in order to enforce a for-
LAND PATENTS TO RAILROADS. 859
feiture such right must be asserted by a judicial proceeding, authorized by law, or
by some legislative action amounting to a resumption of the grant. (Schulenberg v8.
Harriman, 21 Wall., 44.) Hence, until advantage is taken of the non-performance of
the condition, under legislative authority, the interest of the grantee in the grant re-
mains unimpaired thereby.
Such being the nature and effect of the grant and its accompanying condition, and
no action having been taken either by legislation or judicial proceedings to enforce a
forfeiture thereof, it follows that at the period of said transfer by the New Orleans,
Baton Rouge and Vicksburg Railroad Company this company was invested with a
present interest in the number of alternate sections of public lands per mile granted
by the act of 1871, notwithstanding it was already in default in the performance of
the condition referred to, and that it still retained a right to proceed with the con-
Struction of the road in aid of which the grant was made until advantage should be
taken of the default. But as it had not then definitely fixed the line of its road, al-
though a map designating the general route thereof was duly filed, that interest did
Inot attach to any specific tracts of land, but remained afloat, as it were, needing a
definite location of the road before it could become thus attached. Was the interest
here described assignable to another company, so as to entitle the latter to the benefit
of the grant in aid of the construction of its road between the places named therein,
without the assent of Congress?
Doubt has perhaps arisen on this point in view of the fact that in one or two instances
it has been thought expedient to obtain legislation by Congress confirming or author-
izing a similar assignment (see section 2 of the act of March 3, 1865, chapter 88, and
section 1 of the act of March 3, 1869, chapter 127), and also in view of the adverse
ruling of this Department in the case of the Oregon Central Railroad Company. (13
Opin., 382.) However, a similar assignment made in 1866 by the Hannibal and Saint
Joseph Railroad Company to the Pike's Peak Railroad Company, afterward known
as the Central Branch Company, was held to be valid by Attorney-General Stanbury
in an opinion given to the Secretary of the Treasury under date of July 25, 1866.
In the latter case the Hannibal and Saint Joseph Company, which was incorporated
by the State of Missouri, with authority to construct a railroad between Hannibal and
Saint Joseph, within that State, was, by the Pacific Railroad act of July 1, 1862 (sec-
tion 13), authorized to “extendits road from Saint Joseph, via Atchison, to connect
and unite with the road through Kansas, * * * and may for this purpose use any
railroad charter which has been or may be granted by the legislature of Kansas,” &c.,
and by the fifteenth section of the same act it was provided that “wherever the word
company is used in this act it shall be construed to embrace the words their associ-
ates, successors, and assigns the same as if the words had been properly added thereto.”
Subsequently, in 1863, an assignment was made by that company of all its rights un-
der said act (which included an interest in both a land and a bond subsidy) to the
Atchison and Pike's Peak Railroad Company, a company previously organized under
a charter granted by the legislature of Kansas. The latter company having con-
structed a section of 20 miles of the proposed road west from Atchison claimed the
benefit of the grant made to the Hannibal and Saint Joseph Company, as its assignee,
and this claim was recognized and allowed, in accordance with the opinion of the At-
torney-General. It will be observed, however, that the Hannibal and Saint Joseph
Company was authorized to “use any railroad charter which has been or may be
granted by the legislature of Kansas,” and this, together with the provision in the
fifteenth section quoted above, may have been regarded as sufficient to sustain the
assignment.
In the case of the Oregon Central Railroad Company, mentioned above, a grant of a
right of way through the public lands, and also of alternate sections thereof, was made
to that company, “and to their successors and assigns,” by the act of May 4, 1870,
chapter 69, for the purpose of aiding in the construction of a railroad and telegraph
line between certain places in Oregon. In August following an instrument was execu-
ted by the company assigning all its interest in the grant to the Willamette Valley
Railroad Company, and thereupon the question arose whether the grant was susceptible
of being thus transferred. The Attorney-General (Mr. Akerman), to whom the
question was submitted, after reviewing the various provisions of the act, some of
which (see section 5) imposed certain duties and required certain important acts to
be performed by the company, decided in the negative, holding that, upon considera-
tion of those provisions, the Oregon Central Company was alone within the contem-
plation of Congress in respect of the donation made and duties imposed by that act.
The words “their successors and assigns,” as used in the act, were regarded as words
of limitation merely.
But the grounds upon which that decision appears to have been based are not found
to exist in the case now under consideration. Here a grant of a certain number of
alternate sections of public lands per mile is made to the New Orleans, Baton Rouge
and Vicksburg Railroad Company, its successors and assigns, in aid of the construc-
tion of a road from New Orleans, by the route indicated, to connect with the eastern
860 LAND PATENTS TO RAILROADS.
terminus of the Texas and Pacific Railroad, which lands are required to be “with-
drawn from the market, selected, and patents issued therefor, and opened for settle-
Iment and pre-emption upon the same terms and in the same manner and time as is
provided for and required from said Texas Pacific Railroad Company.” . The grant
is coupled with no special duties or trusts, for the performance of which there is
reason to believe the particrlar company named therein was more acceptable to Con-
gress than any other. Its purpose is to secure the construction of a railroad between
the points designated, and whether this purpose be fulfilled by that company or by
another company must be deemed unimportant in the absence of any provision indic-
ative of the contrary. The interest derived by the grantee, though it remain only
afloat, is a vested interest, and it is held under the same limitations which apply after
it develops into an estate in particular lands until extinguished by ferfeiture for
non-performance of the condition annexed to the grant. I perceive no legal obstacle
arising out of the grant itself to a transfer of such interest by the grantee to another
company, and should the latter construct the road contemplated agreeably to the
requirements of the grant, and thus accomplish the end which Congress had in view,
I submit that it would clearly be entitled to the benefits thereof.
The question of the assignability of the interest of the grantee would be more
difficult if, after definitely locating the line of its road, and thus attaching the grant
to particular lands along the same it was proposed to transfer that interest to another
company for the benefit of a road to be constructed by the latter on a different line,
though following the general course of the other road. But in the present case the
facts give rise to no such difficulty. The grant had not previous to the transfer
become thus identified with a particular line of road, and was thereafter susceptible
of location upon the line of the road projected by the assignee (the New Orleans
Pacific Company), provided this road met the requirements of the grant in other
respects, as to which no doubt is suggested.
My conclusion is that the assent of Congress to the assignment made by the New
Orleans, Baton Rouge and Vicksburg Railroad Company, as above, is not Inecessary
in order to entitle the assignee to the benefit of the land grant in question.
The remaining questions relate to the 68 miles of railroad formerly belonging to the
New Orleans, Mobile and Texas Railroad Company, but now owned by the New Or-
leans Pacific Company, and made a part of its main line between New Orleans and
Baton Rouge.
The land grant in question was, as its language imports, made in aid of the construc-
tion of a railroad between certain termini, contemplating a road to be constructed,
not one already constructed. It has not been the policy of Congress thus to aid con-
structed roads. Had a constructed road existed at the date of the grant, which ex-
tended from one terminus to the other, and afterward the New Orleans, Baton Rouge
and Wicksburg Railroad Company, instead of entering upon and completing the con-
struction of a road, had purchased the road already constructed, this, it seems to me,
would not have satisfied the purposes of the grant so as to entitle the company to the
benefit thereof. The same objection would apply where the constructed road extended
over only a part of the route contemplated by the grant. So far as I am advised, the
action of the Government hitherto has accorded with this view. On the other hand,
if such road was constructed subsequently to the date of the grant, and is owned by
the grantee or the assignee of the latter, I see no ground for excluding it from the
benefit of the grant should it otherwise fulfill the requirements thereof.
Agreeably to the foregoing views, and in direct response to the several questions sub-
mitted, I have the honor to reply as follows: The first, second, and third questions I
answer in the affirmative. The fourth question (including the alternative added
thereto) I answer in the negative. The fifth question I answer in the affirmative—
assuming, as I do, the company named therein to be an assignee of the grantee in the
act referred to. w
I have the honor to be, very respectfully,
BENJAMIN HARRIS BREWSTER,
Attorney-General.
Hon. H. M. TELLER,
Secretary of the Interior.
RAILROADS NOT COMPLETED IN TIME FIXED BY LAW, 861
RAILROADS NOT COMPLETED IN TIME FIXED BY LA W.
The House Committee on Public Lands, through its chairman, requested informa-
tion from the General Land Office as to land-grant railroads not completed in time
fixed by law. The information sofurnished is in House Misc. Doc. No. 17, Forty-seventh
Congress, second session.
Letter from the Secretary of the Interior inclosing a report by the Commissioner of the Gen-
eral Land Office, transmitting further information concerning railroads that were not com-
pleted within the period fiased by law.
. DEPARTMENT OF THE INTERIOR,
Washington, January 13, 1883.
SIR: Your letter of the 21st ultimo, calling for further information concerning rail-
roads that were not completed within the period fixed by law, was received and re-
ferred to the Commissioner of the General Land Office. I have the honor to transmit
here with copy of his report on the subject, under date of the 11th instant.
Very respectfully, H ELL
. M. TELLER,
- * Secretary.
Hon. T. C. Pound,
Chairman Committee on Public Lands, House of Representatives.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., January 11, 1883.
SIR: I am in receipt, by reference from you for report, of a letter addressed to you
by Hon. T. C. Pound, chairman of the Public Lands Committee of the House of Rep-
resentatives, in which he says:
“On the 28th day of March last you transmitted to the House of Representatives a
report of the Commissioner of the General Land Office giving information respecting
land-grant railroads, called for by a house resolution .# February 9, 1882. That re-
port contained the names of a number of railroads to whom grants of land have been
made, either directly or through the State, who had not completed their roads within
the time prescribed by law, and other information called for by that resolution. This
report was printed as House Ex. Doc. No. 144. Supplementary to that report, and
for the purpose of action on pending bills before this committee, Irespectfully request
that you cause this committee to be informed at the earliest moment practicable.”
Herefollows a series of questions, seven in number, which I shallendeavor to answer
in the order in which they are presented, by arranging the questions under separate
heads, and giving a question and answer under each head.
I.—“Whether any companies therein named have since said report made any pro-
gress in building or towards completion of their lines of railroad.”
Since March 27, 1882, the date of report referred to, the following described evi-
dence of construction of railroads has been received at this office:
ATLANTIC, GULF, AND WEST INDIA TRANSIT RAILROAD.
Certificate of the governor of Florida, dated August 5, 1882, of the construction of
26.3% miles of road from Ocala, Marion County, in the direction of Tampa.
PENSACOLA AND GEORGIA (NOW PENSACOLA AND ATLANTIC) RAILROAD.
Two certificates of the governor of Florida, dated December 6, 1882, of the com-
pletion of two sections of 20 miles each of road.
First 8ection.—Commencing in Walton County, at a point 60 miles east of connec-
tion with Alabama and Florida (now the Pensacola) Railroad, and running east-
wardly towards Chattahoochee, on the Apalachicola River.
Second section.—Commencing on the east bank of the Choctawhatchee River, in
Washington County, and running eastwardly toward Chattachoochee. Total, 40 miles.
NORTH WISCONSIN RAILROAD.
Certificate of the governor of Wisconsin, dated July 20, 1882, of the completion of
20 miles of road beginning at a certain point in section 18, township 43, range 7 west,
862 RAILROADS NOT COMPLETED IN TIME FIXED BY LAw.
and ending at station 1,056 in section 14, township 45, rànge 6 west. Certificate of
governor of Wisconsin, dated July 20, 1882, of the completion of 20 miles of road,
beginning at a certain point in section 35, township 40, range 12 west, and ending in
section 25, township 43, range 12 west. Certificate of the governor of Wisconsin, dated
October 23, 1882, of the completion of 20 miles of road, beginning at a certain point
in section 25, township 43, range 12 west, and ending in Section 22, township 46, range
12 west. Total, 60 miles. iº -
NORTHERN PACIFIC RAILROAD.
On September 19, 1882, six maps, showing 200 miles of constructed road in Montana
Territory, beginning at a point on the south bank of the Yellowstone River, about 1%
miles west of O'Fallon Creek, and ending at a point on West bank of Canyon Creek,
7 miles west of the town of Billings, in section 22, township 1 south, range 25 east,
accepted by the President of the United States on September 16, 1882. On September
19, 1882, one map showing 25 miles of constructed road, beginning at the Northern
Pacific Junction near Thomson, and ending near Bluff Creek in Superior, Wisconsin,
accepted by the President of the United States September 16, 1882. On October 12,
1882, a map showing 50 miles of constructed road, beginning at a point 3 miles south
of Sand Point, in Idaho Territory, and ending at a point on the west bank of Clark’s
Fork of the Columbia River, about 5 miles south of Elk Creek, Montana Territory,
accepted by the President of the United States October 9, 1882. - -
On October 22, 1882, a map showing 25 miles of constructed road in Montana Ter-
ritory, beginning at a point 275 miles eastward of Wallula Junction, in Washington
Territory, and ending at a point 300 miles distant from said junction, accepted by the
President October 20, 1882.
On December 7, 1882, three maps, showing 100 miles of constructed road, beginning
at a point on the west bank of Canyon Creek, 7 miles west of the town of Billings,
Montana Territory, and ending at a point on the south bank of the Yellowstone River,
west of Little Boulder Creek, and opposite the old Crow Agency, accepted by the
President of the United States December 5, 1882.
On December 7, 1882, a map showing 4.58 miles of constructed road, accepted by the
President of the United States December 5, 1882, beginning at a point in the city of
Bismarck, on the east bank of the Missouri River, in section 4, township 138 north,
range 80 west, fifth principal meridian, and ending at a point on the west bank of the
Missouri River, in the village of Mandan, in section 26, township 139 north, range 81
West. Total 404.58 miles.
ATLANTIC AND PACIFIC RAILROAD.
On December 19, 1882, two maps showing sixth and seventh sections of 25 miles each
of the central division of road, constructed in the Indian Territory, beginning at a
point 1.54 miles west of the crossing of the Missouri, Kansas and Texas Railway, and
ending at point 50 miles west of place of beginning; also eight maps showing sec-
tions 9 to 16, inclusive, of road constructed in the Territory of Arizona, beginning at
a point 200 miles west of junction of this railroad with the New Mexico and Southern
Pacific Railroad, near Isleta, N. Mex., and ending at a point 200 miles westward of
the place of beginning. Total, 250 miles, accepted by the President of the United
States December 14, 1882.
II.-“All cases of such grants where no work has been done toward building the
road so far as the Department is advised.”
I have not been advised of the construction of any portion of the following-named
railroads since March 27, 1882, viz: -
In Mississippi.-Gulf and Ship Island, Tuscaloosa and Mobile, Mobile and New
Orleans (also in Alabama and Louisiana).
Alabama.—Coosa and Tennessee, Coosa and Chattanooga, Elyton and Beard's Bluff,
Memphis and Charleston.
M Louisiana.-Railroad from New Orleans to the State line, in direction of Jackson,
1SS.
Arkansas.—Iron Mountain, authorized by second section of act of July 4, 1866, from
southern boundary line of Missouri to Helena, Ark. -
III.-“All cases where efforts are now being made to complete the proposed roads
and earn the grants.”.
All of said cases are stated under the first head, except that of the Oregon Central
Railroad hereinafter referred to under the fifth head, and the Wicksburg, Shreveport
and Texas Railroad, hereinafter referred to under the seventh head..
IV.-‘‘The quantity of and, if any, patented to the said several roads, if any,
since said report.” -
RAILROADS NOT COMPLETED IN TIME FIXED BY LAw. 863
No lands have been approved or patented for any uncompleted road since said re-
port of March 27, 1882, was made, except in the case of the Wisconsin Central Rail-
road, hereinafter referred to under the seventh head.
W.—“All cases where claims for the completion or further construction of any of
said roads have been made or filed as a basis for the claim that further quantities of
land be patented to the State or companies.”
The following-named roads are embraced in the terms of this inquiry: Atlantic,
Gulf and West India Transit, Pensacola and Georgia, North Wisconsin, Northern
Pacific, Atlantic and Pacific. All of said roads are named under the first head, por-
tions of the same having been constructed during the past year. -
The Oregon and California, formerly the Oregon Central Railroad Company, in
April and September of last year filed certain maps of definite location of road in
Oregon and asked for a withdrawal of lands lying opposite said road. I referred said
maps to you with letter of September 23, 1882 (copy herewith inclosed, marked A), and
declined to recommend the withdrawal asked for. No action has been ordered by you
in said case since said date. I have been unofficially advised that the New Orleans
Pacific Railway Company, formerly New Orleans, Baton Rouge and Wicksburg Rail-
road Company, have filed in your office evidence of the construction of the major
portion of their located road, and have made claim for the lands lying opposite thereto,
but I have not received any official information on the subject. The Wicksburg,
Shreveport and Texas Railroad might properly be included under this head, but its
status will be found hereinafter under the seventh head.
VI.-“As to the Toads, toward the building of which nothing has been done, whether
the building of them has been probably abandoned, if known, and the cause of delay
in building the same.”
I am not in possession of any information which leads me to believe that any of the
roads named under the second head will be constructed.
The president of the Gulf and Ship Island Railroad Company, however, as shown by
the records of this office, applied to you July 17, 1882, by letter (copy here with, marked
B), for a withdrawal of lands along the line of the road as located in 1860. You referred
said letter to this office for report, which was submitted to you on July 24, 1882 (copy
here with, marked C), and on October 20, 1882, by letter of that date (copy here with,
marked D), you rejected said application. No cause is assigned for the delay and fail-
ure in building this road. -
VII.-“Any information the Department may possess which may be useful in deter-
mining whether any of the said grants should be declared forfeited and the lands to
revert to the Government.” -
No attempt has been made, nor is any contemplated, so far as I am informed, to earn
the grant for any of the roads named under the second head except the Gulf and Ship
Island Railroad, the action in regard to which is hereinbefore fully explained. The
grants for the roads named in the State of Mississippi were made by act of August
11, 1856 (11 Stats., 30), and the grants for the roads named in the States of Alabama
and Louisana, by act of June 3, 1856 (11 Stats., 17, 18). -
The grant for the Iron Mountain Railroad in Arkansas was made by the second sec-
tion of the act of July 4, 1866 (14 Stats., 83).
No lands are reserved for the benefit of any of the roads named in said States, ex-
cept for the Coosa and Chattanooga, in Alabama. Nothing further appears to have
been done since my report of March 27, 1882, by the Mobile and Girard Railroad Com-
pany looking to the completion of that portion of the road lying between Troy and
Mobile, regarding which I made certain recommendations to your predecessor, Hon.
S. J. Kirkwood, by letter of April 14, 1882 (copy here with, marked E).
In my report of March 27, 1882, as to the Wicksburg, Shreveport and Texas Rail-
road, I stated that the company had filed affidavits to the effect that it was proceed-
ing with the construction of the uncompleted portion of its road as rapidly as possi-
ble. As said affidavits and the communication accompanying them give reasons for
the delay and difficulty in completing the road, I submit herewith copies of same,
marked F, G, and H. No certificate, however, ef the construction of any portion
reported March 27, 1882, as unconstructed, has been filed in this office. . The Wiscon-
sin Central Railroad is referred to in said report as having 84 miles of located road
unconstructed. I have not been advised of the construction of, or intent to con-
struct, any portion of said 84 miles. On October 21, 1882, there were 23,223.92 acres,
and on November 23, 1882, 43,280.99 acres, patented to the State of Wisconsin for the
benefit of this road, as explained in my report of December 29, 1882, printed as House
Ex. Doc. No. 29. - -
I return here with the letter of Hon. T. C. Pound.
Very respectfully, N. C. MCFARLAND
e e y
Commissioner.
Hon. H. M. TELLER,
Secretary of the Interior.
\
864 RAILROADS NOT COMPLETED IN TIME FIXED BY LAw.
A.
OREGON AND CALIFORNIA RAILROAD CO.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., September 23, 1882.
SIR: On the 6th of April, 1882, you referred to this office, without instructions, a
letter dated April 5, 1882, from H. Willard, president of the Oregon and California
Railroad Company, addressed to Hon. John H. Mitchell, with two maps of the definite
location of said road, to wit:
Map No. 1, showing an amended line of route of the said railroad from the South
line of section 36, 27 south, 6 west, to a point in section line between sections 5 and
6, 30 south, 5 west, or from station 1,131 × 50 to station 1,298 of the original located
line, as shown by the original map of location which was accepted by the Depart-
ment, and upon which a withdrawal of lands was made by letter from this office of
March 31, 1871. This change in location is a very limited one, and was found neces-
sary in order to obtain a better crossing of the Umpqua River, and would not affect
the withdrawal of the lands made on the original location. -
Map No. 2, showing the location of a section of 20 miles south of that described
above, commencing at station 1,320 × 50 in section 6, 30 south, 5 west, and ending at
station 2,376 × 50 in township 31 south, 7 west.
On the 5th September, 1882, you referred to this office, for report and recommenda-
tion, a letter dated August 24, 1882, filed by W. K. Mendenhall, attorney for the Ore-
§ and California Railroad Company, and map accompanying the same, showing the
efinite location of the line of said railroad from station 2,376 × 50, in township 31
south, 7 west, to the north line of section 33, 34 south, 6 west.
Mr. Mendenhall requests that you direct the withdrawal of the lands along the line
of definite location, as shown by these maps, in accordance with the act of July 25,
1866, granting lands to aid in the construction of said road.
The line of road, as shown upon the said maps, appears to have followed the direc-
tion indicated in the granting act, to a point in section 33, 34 south, 6 west, about 38
miles north of the State boundary, and in a direction to connect with the line of the
California and Oregon Company of California, which has located its road to the north
line of township 46 north, 5 west, in a northerly line from its starting point on the
Central Pacific road. * -
The act approved July 25, 1866 (14 Stats., p. 239), provided for the construction of
a railroad from Portland, Oregon, to the Central Pacific in California; the California
and Oregon Railroad Company to construct that part of the road in California, begin-
ning at a point on the Central Pacific Railroads and running thence northerly to the
northern boundary of the State, and the Oregon and California Company to construct
that part of the said road in Oregon, beginning at Portland, and running thence
southerly to the southern boundary of Oregon, where the same should connect with
that part of the said line to be built by the first-named company.
The act required the completion of the entire road on or before July 1, 1875. By
the act of June 25, 1868 (15 Stats., p. 80), the time for completing the said road was
extended to July 1, 1880.
The estimated length of the lines of said road in Oregon is 315 miles. Prior to July
1, 1880, 197 miles of road, from Portland to Roseburg, were completed. No evidence
of further construction has been received at this office.
In view of the fact that the statutory period within which the entire road should
have been constructed has long since expired, and of the further fact that legislation
concerning all grants in like condition has been proposed and is now pending, this
office is not prepared at this time to recommend the acceptance, by the Department,
of these maps nor any further withdrawal of lands for the benefit of the grant in
uestion.
Q. The maps are accordingly returned herewith, together with the letters filed with
the same. -
Very respectfully,
N. C. McFARLAND,
Commissioner.
Hon. H. M. TELLER,
Secretary of the Interior.
RAILROADS NOT COMPLETED IN TIME FIXED BY LAW. 865
B
GULF AND SHIP ISLAND RAILROAD COMPANY. EXHIBITS B, C, D.
- , 1882.
- JACKSON, MISS.,
To the Hon. Secretary of the Interior: -
The undersigned, president of the Gulf and Ship Island Railroad Company, corpo-
rated under the laws of the State of Mississippi, would respectfully represent to the
Hon. Secretary of the Interior: - -
That Congress, by the act of 11th of August, 1856, granted to the State of Mississippi,
for the construction of the Gulf and Ship Island Railroad, alternate sections of public
lands for a width of 6 miles, &c. (vol. 11, Statutes at Large U. S., p. 30). (A like
grant was by the same act made for two other roads.)
In 1860, a definite location of the Gulf and Ship Island road was made, map of which
was filed in the Interior Department. This location and map was intended to give
notice to the United States and the Land Office Department of the area and location
of the land granted, so that the same should be reserved from further sales. The
undersigned would further represent that the legal effect and operation of said act of
Congress was to vest in the State of Mississippi a present estate in fee in said lands,
subject to a condition subsequent ; that is to say, subject to a right in the United
States, by positive act, to claim a restoration of said lands to the public domain on
the non-completion of the railroad within the time limited, namely, ten years.
The undersigned insists that by virtue of the said act of Congress the State of Mis-
sissippi became owner in fee of said lands, in trust from the railroad, and will so con-
tinue owner until Congress resumes the grant.
The undersigned further insists that the grant by Congress separated said lands
from the public domain and devoted them to the use and purpose named in the act
of Congress; and that a disposition of any of said lands, by sales by the local land
office, is absolutely illegal and violative of the terms of the grant in the act of 11th
of August, 1856. This is clearly the ruling of the Supreme Court of the United States,
in Schulenberg vs. Harriman, 21 Wallace, 44. Unless Congress by unequivocal act
declares a forfeiture, the estate in fee, Subject to the trust, remains in the State.
The undersigned represents to the Hon. Secretary that the officers of the local land
office in Mississippi, in plain violation of law and their duty in the premises, have
from time to time sold parcels of land within the area of the grant, and claim and
are exercising the right so do to.
Bills are pending in both houses of Congress to waive the forfeiture and extend the
time for building the road. -
The premises considered, the undersigned, on behalf of the company which he repre-
sents, prays the Hon. Secretary to issue the proper order to the local land officers to
refrain from further sales of said lands until Congress shall take definite action on
the subject. - -
And, as in duty bound, &c.
- WIRT ADAMS,
President Gulf and Ship Island Railroad.
C.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., July 24, 1882.
SIR: I am in receipt, by-reference from you, for immediate consideration, of a letter
addressed to you by Mr. Wirt Adams, president Gulf and Ship Island Railroad, re-
questing that the local land officers in the State of Mississippi may be directed to re-
frain from further sales or disposition of lands in even sections within the limits of the
grant for said road by act of August 11, 1856. He refers to the fact that in 1860 (No-
vember 27) a map of thefinite location of said road was filed in this office, and holds
that the said map identified the lands granted; also that the subsequent disposition
of said lands by the local land officers was absolutely illegal and a violation of the
terms of the act of August 11, 1856. In reply I have to advise you that by the act of
August 11, 1856 (11 Stat., p. 30), a grant of six sections of land per mile was made to
the State of Mississippi for a foad from Brandon to the Gulf of Mexico. Provision
was made in the act for the sale by the State of the lands granted, the quantity sold
to be proportionate to the miles of road constructed from time to time, except in the
case of the sale of the first one hundred and twenty sections, which could be sold in
advance of the construction of any portion of the road. The act also provides that
if the road be not completed within ten years “the lands unsold shall revert to the .
United States.”
55 L O—WOL III
866 RAILROADS NOT COMPLETED IN TIME FIXED BY LAW.
On August 15, 1856, prior to location of the road, the lands falling within the prob-
able limits of the road were withdrawn from sale or location by Notice 567. A map
of definite location of the road was filed in this office November 27, 1860, and “ac
cepted as the basis of adjustment of the grant.” No withdrawal was ever made upon
the map of definite location, because of the outbreak of the war of the rebellion,
which occurred while the diagrams of withdrawal were in course of preparation. By
letter of August 22, 1856, the local land officers in Mississippi were directed to allow
pre-emption settlements and entries upon any of the lands withdrawn by Notice 567
of August 15, 1856, up to the time when the line or route of the said road (and others
provided for by the act of August 11, 1856) should be “definitely fixed.” On October
22, 1856, said officers were instructed to the effect that upon the filing in their office
of a certified map of the line of route of said road as “definitely fixed,” they must,
without awaiting further instructions from this office, cease to permit pre-emption
entries or locations for any purpose upon “the lands within 15 miles of said route.”
No map of definite location appears to have been filed in any of the local land offices
in Mississippi; consequently pre-emption entries were permitted within the limits of
the road up to the date of the close of the offices by the war referred to. Said war
closed in the year 1866. The act of June 21, 1866, reserved all the public lands in
Mississippi and other Southern States for homestead purposes, and as soon as the local
land offices in Mississippi were reopened, homestead entries only were permitted upon
the lands in question. This condition prevailed until June 22, 1876, when an act was
passed restoring lands in said States to pre-emption entry, and directing the offering
at public sale of the vacant public lands in said States from time to time, as soon as
practicable. Under this act all the vacant lands (no reservation of lands being made
for the road in question) in Mississippi were offered in 1878 and 1-79, and such as were
not disposed of at public sale have since been held subject to homestead, pre-emption,
or private entry. During all the years from 1860 until the receipt of Mr. Adams's
letter on yesterday, a period of twenty-two years, no claim has been made in behalf
of the State, or of any company organized under her laws, to any lands under or by
virtue of the act of August 11, 1856. -
No lands have been approved to the State for the benefit of the road, and no portion
of the road has been constructed. There is not any evidence on file as to the disposi-
tion made by the legislature of Mississippi of the grant made for the benefit of this
road. A bill (H.R. 6390) is now pending before Congress providing for the repeal of
so much of the act of August 11, 1856, as makes a grant for the benefit of the road in
question. . . -
There is also a bill (H.R. 868) pending before Congress, which proposes to grant to
the State of Mississippi to aid in the construction of the Gulf and Ship Island i.ilroad
“all the public lands heretofore granted for the same purpose” by the act of August
11, 1856. In view of the facts above stated I decline to recommend the withdrawal
asked for by Mr. Adams. .
I return here with Mr. Adams's letter.
Very respectfully, - -
- N. C. McFARLAND,
- Commissioner.
Hon. H. M. TELLER,
Secretary of the Interior.
DEPARTMENT OF THE INTERIOR,
Washington, October 20, 1882.
SIR: I have considered the contents of letter (without date, but received July 17
last) from Wirt Adams, esq., president of the Gulf and Ship Island Railroad Company,
in which he requests that the local officers of the State of Mississippi be directed to
refrain from further sales or disposition of lands in the even sections within the limits
; the grant for said road by act of August 11, 1856; also your report to me of July 24
thereon. © -
Briefly, the facts appear as follows:
Congress, by act of August 11, 1856 (11 Stat., 30), made a grant of six sections of
land per mile to the State of Mississippi for a road from Brandon to the Gulf of
Mexico. The act provided for the sale by the State of the lands granted as follows:
The first 120 sections could be sold in advance of the construction of any portion of
the road, and a like quantity following the completion of any continuous twenty miles
of road. The act also provides that if the road be not completed within ten years
“the lands unsold shall revert to the United States.” . A map of definite location of
the road was filed in your office November 27, 1860, and “accepted as the basis of the
ant.” No withdrawal was ever made upon the map of definite location. On the
22d of October, 1856, the local land officers in Mississippi were instructed in effect by
your office, that upon the filing in their respective offices of a certified map of a line
º
RAILROADs NOT COMPLETED IN TIME FIXED BY LAw. 867
of route of said road as “definitely fixed,” they should, without awaiting further in-
structions, cease to permit pre-emption entries or locations, for any purpose, upon
“the lands within fifteen miles of said route.”
No map of definite location appears to have been filed in any of the local land
offices in Mississippi, and pre-emption entries were therefore permitted within the
limits of the road up to the commencement of the war of the rebellion, when said
local offices were closed. -
When these offices were reopened following the war, homestead entries only were
permitted upon the lands in question, for the reason that an act of Congress approved
June 21, 1866, reserved all the public lands in Mississippi and other Southern States
for homestead purposes. -
On June 22, 1876, an act was passed restoring lands in said States to pre-emption
entry after having first been offered at public sale.
Under the provisions of this act all the vacant lands in Mississippi were in 1878 and
1879 offered, and such as were not disposed of at public sale have since been held sub-
ject to homestead, pre-emption, or private entry. No reservation was made for the
road in question. This condition has continued all these years since 1860 without
protest or objection from any quarter, and no claim has been made in behalf of the
State, or any company organized under her laws, to any lands under or by virtue of
the act of August 11, 1856, until the receipt of Mr. Adams's letter a few weeks ago.
There is no evidence on file in this Department as to what disposition, if any, was
made by the legislature of Mississippi of the grant made for the benefit of this road.
A bill (H. R. 6390) is now pending before Congress, providing for the repeal of so
much of the act of August 11, 1856, as makes a grant for the benefit of the road in
question. - -
There is also pending a bill (H. R. 868) which proposes to regrant to the State of
Mississippi, to aid in the construction of the Gulf and Ship Island Rrailroad, “all the
public lands heretofore granted for the same purpose” by the act of August 11, 1856.
In view of the foregoing facts, I must decline to direct the withdrawal of the lands
asked for by Mr. Adams.
l You will inform him of my action in the matter, furnishing him a copy of this
etter. -
Very respectfully, R
- H. M. TELLER,
Secretary.
The COMMISSIONER of THE GENERAL LAND OFFICE.
" -,
, ; ; ; ; }
MOBILE AND GIRARD RAILROAD COMPANY.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., April 14, 1882.
SIR: I have the honor to transmit here with the report of Mr. P. J. Glover, a special
agent of this office, relative to the present condition of the lands embraced in the
grant made by Congress, June 3, 1856 (11 Stat., 17), for the construction of a railroad
from Girard to Mobile, in the State of Alabama. ,”
The granted lands were included within six alternate sections in width on each side
of the contemplated road, exclusive of lands previously sold, pre-empted, reserved,
or otherwise appropriated. Indemnity selections for specified losses were authorized
to be made within 15 miles from the line of the road.
Among the material conditions of the grant were the following:
1. The lands were to be exclusively applied to the construction of the road.
2. They were to be disposed of only as the work progressed.
3. They were to be subject to disposal by the legislature of the State solely for the
purpose mentioned.
4. No more than one hundred and twenty sections included within a continuous
length of twenty miles of the road could be disposed of by the State in advance of
construction. - -
5. When the governor should certify to the Secretary of the Interior that twenty
continuous miles of the road had been completed, another 120 sections of the granted
lands within a continuous length of 20 miles might be sold, and so on until the road
was finished. -
6. The road was to be completed within ten years from the date of the act.
7. If the road was not completed within ten years, no further sale of the granted
lands was to be made, but the lands then unsold were to revert to the United States.
The map of the definite location of the road was filed June 1, 1858.
No record is found in this office of any certificate from the governor as to the com-
pietion of any part of said road, but it appears that up to January 31, 1861, there had
868 RAILROADs NOT COMPLETED IN TIME FIXED BY LAw.
been certified to the State of Alabama, on account of this grant, an aggregate of
504,145 acres of public land, being all, or nearly all, the land then vacant within both
the granted and indemnity limits between Girard and Mobile. Of the land so certi-
fied, 208,767 acres were within the granted limits, and 295,377 acres within the indem-
nity limits. -
. It further appears as a matter of fact, as shown by Mr. Glover's report, which cor-
responds to the general information of this office, that the road was completed from
Girard to Union Springs, a distance of 54 miles, in 1861, and that a further portion,
from Union Springs to Troy, a distance of 30 miles, was commenced after the close of
the war, and completed in 1871, making the total length of constructed road 84 miles.
It is understood that construction definitely ceased at Troy.
Mr. Glover finds that the whole amount of public land available for the purpose of
this grant between Girard and Union Springs, was 1,601 acres within the granted
limits, and 1,399 acres within the indemnity limits.
The records of this office show that these were the amounts certified to the State
between said points, and that the amount certified between Union Springs and Troy
was 9,327.88 acres within the granted limits and 9,397.84 acres within the indemnity
limits, or a total of 18,725.72 acres between the latter points. The total amount cer:
tified between Girard and Troy, and which was all the public land of the United
States remaining between those points at the date of the definite location of the
road, was 21,723.31 acres. The amount of land certified to the State in excess of the
amount that could be claimed as inuring to the grant along the line of actually con-
strusted road is therefore 482,421 acres. -
It does not appear that any portion of the land certified to the State had been sold
or used for the purpose of the road at the date of the expiration of the time allowed
for construction, neither does it appear that any portion of the land had been certified
over to the railroad company at that period.
By the act of the legislature of the State of Alabama, approved February 1, 1858,
the State accepted the grant in aid of the construction of the Girard an’, Mobile Rail-
road, upon the terms, conditions, and restrictions contained in the act of Congress
making the grant.
The second section of the legislative act provided that the lands, powers, and privi-
leges granted and conferred by Congress to aid in the construction of a railroad from
Girard to Mobile “are hereby granted to and conferred upon the Mobile and Girard
Railroad Company " " " for the purpose and under the restrictions specified in
said act of Congress, as soon as said company shall execute and deliver to the gover-
nor of this State a bond, faithfully to use said lands for the purpose of its donation,
and to abide by and perform the provisions and conditions in the said act of Congress
contained.”
In a letter addressed to Mr. Glover by the private secretary of the governor of Ala-
bama, dated August 19, 1881 (copy here with), it is stated that in the records of the
executive office there is nothing to show when the road was begun, the progress of
its construction, or the date of its completion to its present terminus at Troy, and no
evidence that the company ever executed a bond “to faithfully use said lands for the
purpose of its donation and abide by and perform the provisions and conditions” of
the act of the general assembly approved February 1, 1858, or that the governor ever
certified to the Secretary of the Interior the completion of any twenty continuous
miles of the road.
In June, 1857 (9 Opinions, 41), Mr. Attorney-General Black expressed the opinion
that grants to States, similar to the grant in question, vested in the States a fee simple
title to the granted lands without a patent: that the definite location of the road would
locate the grant, and that lists of lands embraced in the grant might be furnished for
information just as any other information would be given from the records of this De-
partment, but that such lists would have no influence on the title.
It is to be presumed, and is, I believe, a matter of fact, that the lists of lands within
the limits of railroad grants which in 1860, and prior thereto, were certified to States,
as in the present instance, were so certified under the opinion of the Attorney-General
as information from the records of this office, and that the same did not purport to
convey the title. Whatever title the State had was derived from the granting act and
was subject to its provisions, conditions, and limitations. The lists defined the lands
which were supposed to be subject to the operation of the grant, leaving the question
of the title to the described lands where it was left by the statute, and as it would
have remained if no lists had been certified, and as it did remain after as well as be-
fore such certification. -
This I conclude to be the fact as to lands certified within granted limits. As to the
lands embraced within indemnity limits which were certified to the State in advance
of the construction of the road, and before any right of indemnity selection had been
acquired, and to which no such right has ever been acquired, the question arises
whether under the act of Congress of August 3, 1854 (section 2449 Rev. Stat.), said
certifications were not wholly without legal force or effect. -
RAILROADS NOT COMPLETED IN TIME FIXED BY LAW. 869
*
In any event it would appear that whatever title the State might have had, or
might claim, to any of the lands described in the certified lists, whether such lands
were within the originally granted, or the indemnity limits, was subject to the forfeit-
ure provision of the granting act after June 3, 1866.
Subsequent to that period application was made to this office for copies of the orig-
inally certified lists, which were furnished under date of November 29, 1870, coupled
with a statement from the Commissioner that the title to the described lands had
lapsed to the United States because of the non-completion of the road.
By the act of the legislature of the State, approved February 10, 1876, the governor
was authorized and required to transmit to the proper railroad companies the lists of
all lands certified from time to time by the Commissioner of the General Land Office,
and to indorse on the same his approval, and it was provided that the lists so in-
dorsed should operate as a conveyance to the railroad companies, respectively, of all
the right, title, and interest the State may have derived under the act of Congress of
June 3, 1856. -
It appears from a printed statement purporting to be a memorial to Congress by the
Mobile and Girard Railroad Company, a copy of which has unofficially been furnished
me and is here with inclosed, that on December 3, 1879, the governor of Alabama in-
dorséd over to said company the lists of lands certified to the State in 1860 and 1861,
as hereinbefore recited. It is to be presumed that the certified copies obtained in
1870 were the lists mentioned as having been so indorsed.
It is stated in this memorial that the company disposed of about 96,000 acres of
the land “in payment of services to commissioners and agents in selecting said lands
and obtaining certificates for the same.”
Mr. Glover reports the result of his investigations into this transaction, by which
it appears that on April 25, 1868, the Mobile and Girard Railroad Company entered.
into a contract with Abraham Edwards, then register of the United States land office
at Montgomery, by which the company agreed to convey to said Edwards an amount
of land equal to 10 per cent. of all such land as should be acquired by the railroad
company; that on June 24, 1868, the company conveyed to said Edwards one undi-
vided tenth part of the lands that had been certified to the State, but which had not
then been indorsed over to the company; that by a resolution of the board of direct-
ors, passed October 31, 1868, the railroad company agreed to convey to said Edwards
5 per cent. additional of all such lands for which the said Edwards should secure
patents to the company; that on January 21, 1871, and after certified copies of the
original lists had been obtained from the General Land Office, a partition was made
of the lands, and three-twentieths thereof, amounting to 96,476 acres, were selected
and conveyed to Edwards by deed from the company, he relinquishing the undivided
one-tenth previously conveyed. It also appears that John A. Pickersgill, of New
York, and Thomas Ewing, of Ohio, were parties in some interest with Edwards in
this transaction. These facts, Mr. Glover states, are matters of record.
It would appear from this recital that the 96,476 agres reported by the company as
having been disposed of “in payment of services to commissioners and agents in se-
lecting said lands and obtaining certificates for same,” were so disposed of without
legitimate purpose. The selection of the lands for certification by the Commissioner
of the General Land Office was made prior to 1861, and hence it is apparent that the
comparatively small expense attending such selection could not have been an element
in the consideration for which this deed was given. The only “selection ” to which
some expense to the company may have been involved must have been the selection
made by the “commissioners” or “arbitrators” who made the partition above referred
to, while the “services” contracted for by the company and satisfied by the deed of
96,476 acres of land, would appear to have been of an imaginary character. I con-
clude that the conveyance of said 96,476 acres did not amount to a bona fide disposal
of the lands.
The company further set forth that they have sold to sundry parties about 164,000
acres more of the land, of which 116,000 acres were sold at less than 5 cents per acre,
which the company say was its full value.
It was stated by Mr. Glover in the paper transmitted to me by you relative to his
appointment as special agent, that a considerable purchaser from the company was,
and for some time had been, engaged in cutting timber from the lands, and using the
same in the construction of railroads in Georgia.
If such cutting and removal havc taken place on the 116,000 acres referred to, it is
presumable that whatever may be the value of the land for agricultural purposes, it
must have an additional and considerable value for the timber upon it. A sale of
available timber lands at 5 cents per acre could hardly, I suppose, be held to be a
bona fide sale.
But whatever the facts may have been in respect to these attempted conveyances
by the railroad company, the parties assuming to derive under the company’s claim of
title had knowledge of the defective character of that claim, and cannot therefore be
regarded as innocent purchasers. º
º
870 RAILROADS NOT compIETED IN TIME FIXED BY LAw.
I am not advised whether the company now operating this road, and which is pre-
sumed to have constructed that portion of the line between Union Springs and Troy,
is or is not the same company that built the road from Girard to Union Springs; noram
I advised of the terms upon which the present company, if different from the former
one, acquired the property and franchises of the original corporation, nor whether the
price paid would indicate that the contingent expectation of coming into the posses-
sion of the forfeited land grant was or was not a consideration in the case. -
But it is shown that no apparent title to any of the lands was acquired by any cor-
poration until 1879, and I do not know upon what ground it could be assumed that
the State then had authority to transfer this grant.
There can be no doubt, I think, that any disposal of the land by the State, except
as authorized by the act of Congress, making the grant, was illegal and void, and con-
ferred no rights upon the assignees of the State.
As previously stated, the total amount of land that could be claimed as inuring to
the State by virtue of the actual construction of the road from Girard to Troy, is
21,723.31 acres. Whether or not the legal title to this land should be sought to be
recovered to the United States, would, I suppose, be a proper subject for legislative
consideration. - $
The legal title to the remainder of the lands described in the certified lists, amount-
ing to 482,422 acres, should, I think, be recovered by judicial proceedings, which may
doubtless be instituted to enforce the forfeiture of the granted lands, and to vacate
the title, if any, that passed by the erroneous certifications of lands within indemnity
limits. *
I respectfully recommend proper action to this end. Should this view meet with
your concurrence, the necessary description of the lands embraced in the certified lists
will be furnished whenever the same may be desired.
The following papers are inclosed here with :
1. Mr. Glover's report, with accompanying papers.
2. Memorial of the Mobile and Girard Railroad Company.
Very respectfully,
N. C. McFARLAND,
Commissioner.
Hon. S. J. KIRKwooD,
Secretary of the Interior.
F.
VICKSBURG, SHREVEPORT AND TEXAS RAILROAD, EXHIBITS F, G, H.
WASHINGTON, D. C., February 20, 1882.
SIR: Inasmuch as the House of Representatives has recently called upon you by reso-
lution for information relative to the progress of construction and other facts regarding
certain railroad land grants, and it is understood to be your desire and intention to
respond to said resolution by giving a full and detailed report of all the facts and sta-
tistics falling within the scope thereof, I have the honor to file here with the affidavits
of Francis P. Stubbs, of Monroe, La., and F. Y. Dabney, chief engineer, showing the
progress of the work of construction and the reasons which have operated to prevent
the construction of the road known as the Vicksburg, Shreveport and Pacific Railroad
of Louisiana, viz: The affidavit of Francis P. Stubbs shows that that portion of the
road lying between Red River (at Shreveport) and the Texas State line, a distance of
20 miles, and that portion lying between Vicksburg and Monroe, a distance of 74 miles,
had been built prior to the commencement of the late civil war (1861); that the
eastern division of the road was almost entirely destroyed by the hostile armies in
the year 1863, and has been rebuilt since the close of the war; that after the close of
the war, in 1866, an owner of four of the first-mortgage bonds of the road success-
fully succeeded, under a decree of the State courts, in obtaining control of the road
and its franchises, whereupon an action in chancery was commenced in the United
States circuit court of Louisiana to annul this sale, which action finally resulted in
the setting aside the action of the State courts, and the sale of the road to its present
owners in 1880, under a decree of the Supreme Court of the United States; that this
litigation absolutely destroyed the credit of the road and its ability to raise money
to continue the work of construction ; that the new company, on coming into posses-
sion, immediately commenced building the unconstructed portion of the road, and the
work of construction is now progressing with great energy.
The affidavit of F. Y. Dabney, chief engineer and superintendent, showing that the
unfinished portion of the road is being built as rapidly as men and money can accom-
plish that result, and that an iron bridge over the Ouachita River costing upwards of
$150,000 has been built in the past few months.
RAILROADS NOT COMPLETED IN TIME FIXED BY LAW. 871
There are other important facts to which I desire to invite your attention, viz:
By the construction of 94 miles of road this company earned 360,960 acres of land, of
which amount it has received title for 353,212 acres, leaving a balance due and uncer-
tified of 7,748 acres.
An examination of the records of your office relating to the lands throughout the
entire limits of this grant has been made within the past three months under my im-
mediate supervision, and the uncontrovertible fact is revealed that there now remains
of vacant unappropriated lands subject to selection in satisfaction of this grant, in
both 6 and 15 mile limits, but 20,632.30 acres.
If the 7,748 acres earned and not listed be deducted from this 20,632.30 acres of vacant
lands, the remainder, 12,904.30 acres, will be found to truthfully represent the whole
amount of lands subject to forfeiture for failure of the company to complete its road
within ten years from the date of the granting act.
I invite your especial attention to these facts, as they refute the false and malicious
Statements which have been made that hundreds of thousands of acres of land were
withdrawn from market under this railroad grant. -
Very respectfully,
- M. D. BRAINARD,
Attorney for V., S. and P. R. R.-Co.
Hon. N. C. McFARLAND,
Commissioner General Land Office.
STATE OF LOUISIANA,
- Ouachita Parish :
Before me, Julius Ennemoser, United States commissioner for the western district
of Louisiana, duly qualified commissioner and sworn, on this the 17th of January,
A. D. 1882, personally came and appeared before me Francis P. Stubbs, a citizen of
said parish and State, and to me well known, who, having been duly sworn by me,
deposes and says: -
He has been a resident of said parish and State for more than thirty years last past.
That he was one of the original stockholders of the Vicksburg, Shreveport and Texas
Railroad Company, organized in the year 1853, for the purpose of constructing a rail-
road from a point opposite Vicksburg, on the Mississippi River, westward through
the parishes of Ouachita and Caddo, to the Texas State line. That he was elected a
director in said corporation in the year 1858, and served as such until his resignation
in 1863.
That the said company, at the commencement of the war between the States, had
constructed that portion of their line extending from the Mississippi River to Monroe,
on the Ouachita, called the Eastern Division—had in 1863 nearly completed the
Western Division, the portion comprised between the Red River and the Texas State
line, altogether about ninety-four miles, and had done some work on the Middle Di-
vision, that comprised between the Ouachita and the Red Rivers.
That this work was done with means obtained from the stock subscribed, but prin-
cipally with the proceeds of the first-mortgage bonds of the company, secured by a
mortgage executed upon the railroad, its property, rights, and franchises, and the
lands donated to through the State of Louisiana by the United States Government,
as per act approved June 3, 1856, to the railroad company. That many of these bonds
were sold, the entire proceeds thereof, between seven and eight hundred thousand
dollars, used in the construction of the road.
That in 1863 that portion of the road between the Mississippi and Ouachita Rivers
exposed to the devastating overflows incident to the destruction of the levee system—
the prey to ceaseless and successive efforts on the part of the Federal as well as the
Confederate armies under special orders from their commanding officers—was almost
totally destroyed, and the wonderfully prosperous country through which it ran be-
came a barren wilderness, which was not improved during the continuance of the
war. Its destruction by the armies of both contending parties was full and complete.
That in 1866, shortly after the close of hostilities, an owner of a few (4) of the first-
mortgage bonds obtained from the State courts an order of seizure and sale for the
whole debt against the whole property, and at sheriff’s sale the property was adjudi-
cated to the plaintiff and six other gentlemen associated with him for the price of
fifty thousand dollars. The property so adjudicated included all the lands, donated
by the United States to aid in building the railroad, estimated then to be about
(400,000) four hundred thousand acres.
. The purchasers at this sale took possession and control of the property, and being
organized into the North Louisiana and Texas R. R. Co. by the legislature of Louisi-
ana, proceeded to rebuild that portion of the road which had been destroyed as afore-
said.
872 RAILROADS NOT COMPLETED IN TIME FIXED BY LAw.
A large majority of the holders of the mortgage bonds refused to acquiesce in thie
sale and the actions of the purchasers, and an action in chancery was brought in the
United States circuit court for Louisiana to annul the sale made by the authorities.
This suit of Henry R. Jackson et al. vs. V., S. & T. R. R. Co., Ladeling, and others
had also for its object and purpose a foreclosure of the mortgage.
The litigation absolutely destroyed the ability of the new organization, the North
Louisiana and Texas R. R. Co., to raise, by the means ordinarily resorted to, the funds
necessary to rebuild and furnish the road, and in consequence of the litigation the
work of finishing [the] road Lwas] suspended until the final termination of the same
adverse to the claims of the purchasers—the North Louisiana and Texas R. R. Co.—and
in December, 1879, the W., S. & T. R. R. Co., all its rights, privileges, and franchises,
with itslands, right of way, &c., especially including the lands derived from the United
States and specially included in the mortgage, was sold under a decree of the Supreme
Court of the United States permitting it, was purchased by a committee of and repre-
senting the holders of the original first-mortgage bonds, as above described.
This committee, acting for their constituents, under the laws of Louisiana, organized
the present company, investing it with all its property, rights, franchises, land, &c.
Thus the Wicksburg, Shreveport and Pacific Railroad Company, the present organi-
Zafion, derived its right to own and control the property, and its corresponding duty
of building and furnishing the road, long delayed by no fault of the original corpora-
tion, or of the holders of its securities, or those who now own it, under the final settle-
ment of the wasting proceeding in chancery.
Immediately on coming into possession, the present company entered actively the
work of finishing the railroad in accordance with the original purpose of its projectors,
and now, with the eastern [and] western divisions in successful operation, the company
is actively engaged in building the unfinished portions of the line, many contractors.
are in the field, and the times and conditions of the contracts require, under heavy
penalties, the completion within the current year. . º
[That] the utmost energy will to complete the work is manifest by the manage-
ment. Coupled with the undoubted ability of the company, financially, the public
now feel little doubt of the final completion in the early future.
Affiant states further that the facts above set forth are within his personal knowl-
edge, he having been in some capacity connected with the organization having for their
object the building of the railroad ever since its inception.
All of which affiant swears to the best of his knowledge and belief.
FRANK P. STUBBS,
Sworn and subscribed before me this 17th January, 1882.
JULIUS ENNEMOSER,
U. S. Commissoiner, West District Louisiana.
DISTRICT OF COLUMBIA,
County of Washington :
W. A. Smith, being duly sworn, on oath says that the foregoing is a correct copy of
the original affidavit of Frank P. Stubbs.
W. A. SMITH.
Sworn and subscribed to before me this 16th day of February, 1882. &
[SEAL.] F. M. HEATON,
- Notary Public.
EI.
STATE OF LOUISLANA,
Ouachita Parish :
Before me, Justice Ennemoser, United States commissioner for the western district
of Louisiana, duly qualified, commissioned and sworn, on this the 18th day of Janu-
ary, A. D. 1882, personally came and appeared F. Y. Dabney, a resident of said parish
and State, and to me, well known, who, having been duly sworn by me, deposes and
Says :
That he is the chief engineer and superintendent of the Vicksburg, Shreveport and
Pacific Railroad, and has been filling that position since the first of July last past;
that previously to that time and since January, 1880, he was in the service of said
railroad company as engineer; that the present management assumed control of said
railroad on the first day of June last, and that the following results have been accom-
plished by them, looking to a speedy completion of the unfinished portion of the line
between the town of Monroe and the city of Shreveport, a distance of ninety-five and
a half miles by the line of survey:
First. That the eastern half of this gap, extending from Monroe to Arcadia, about
forty-eight miles, has already been put under contract—one firm having recently taken
t
RAILROADS NOT COMPLETED IN TIME FIXED BY LAW. 873.
the entire work of graduation, bridging, and cross-ties for that distance. That about.
2,300,000 cubic yards of earthwork are involved in this contract—145,000 cross-ties,
and over 10,000 linear feet of bridging. That the contractors are under pledge (with
heavy forfeit in case of failure) to complete it, as follows:
The first 12 miles out of Monroe, by or before July 30, 1882. The second 12 miles.
out from Monroe, by or before August 30, 1882. The third 12 miles out from Monroe,
by or before Sept. 30, 1882. And the fourth and last 12 miles out from Monroe, by or
before October 30, 1882. That work on this division was commenced about the first
instant ; that clearing and grading forces are being distributed gradually over the
entire distances; that cross-tie cutters are at work, and that he is safe in asserting
that the whole will be pushed as rapidly as the seasons will permit.
Second. That on the western half of the gap, extending from Arcadia to Shreve-
port, a distance of forty-seven and a half miles, the final location of the route was.
finished in the early part of last month (December), since which time he has had sev-
eral of his assistants busily engaged in working up the profiles and estimates of that.
portion of the line, preparatory to letting it out by contract; that this work has been
unusually hurried, in response to repeated letters and telegrams from the consulting
engineer of their railroad system at Cincinnati, urging the necessity for haste in order:
to put the work under contract as soon as possible; that all the calculations of esti-
mates and preparation of profiles were finished on the 16 inst., and have gone forward
to Cincinnati; and that he thinks he can safely assert here that it is the company’s,
intention to lose no more time in awarding a contract for this second division of the
“gap” than is absolutely necessary for enabling the newspaper advertisements of the
letting to become properly disseminated throughout the country.
Third. That a first-class railroad iron draw-bridge, spanning the Ouachita River.
at this place (Monroe), has been under construction for 12 months or more past; that
it consists of four spans; two spans of about 250 feet each; one (the draw span) of 300
feet, and one of 100 feet; that these spans are supported by solid piers of brick ma-
sonry on substantial pile foundations; that the bridge is now approaching comple-
tion, and will probably be finished within the next thirty days, and that it will cost
about $150,000.
Fourth. That among the most important matters presenting themselves for imme-
diate consideration by the present management on assuming charge of the road was.
the condition of the roadbed on the operated portion of the line from Delta to Monroe;
that out of a total distance between these points of seventy-three (73) miles, about
forty (40) miles are inundated annually by the winter and spring rise in the Missis-
sippi River; that the river water, after reaching a certain stage, discharged itself
through what is known as “Ashton Crevasse,” near the Arkansas line; that this sur-
plus water is conducted by the Bayou Maçon, and other intervening streams, upon
the line of their road, gradually filling up the swamps and low basins, and eventually
overflowing their track; that these overflows involve an almost total suspension of
business, and for periods of time varying from one to four months; that so serious an
incubus upon the prosperity of the road demanded prompt action, and that the man-
agement lost no time in taking the necessary steps for remedying the evil; that a con-
tract was entered into about the first of September last for the raising of the track
over this entire distance of forty miles, involving over 700,000 cubic yards of earth
and some 6,000 additional feet of bridging, to say nothing of the cost of track-raising.
That although the work may not have been pushed with that vigor which the
urgency of the case demanded, it is through no failure on the part of the railroad com-
pany, and that it is safe at least to assume that in no event will they be subjected to
another overflow after the one which is now threatening has passed.
All of which affiant swears to the best of his knowledge and belief.
F. Y. DABNEY.
Sworn to and subscribed before me this 18th January, A. D. 1882.
[SEAL. J . JULIUS ENNEMOSER,
U. S. Commissioner, West Dist. Louisiana.
DISTRICT OF COLUMBIA,
County of Washington :
W. A. Smith, being duly sworn, on oath says that the foregoing is a correct copy of
the original affidavit of F. Y. Dabney. -
- W. A. SMITH.
Sworn and subscribed to before me this 16th day of February, 1882.
[SEAL.] * F. M. HEATON,
Notary Public.
874 NORTHERN PACIFIC RAILROAD.
Q
NORTHERN PACIFIC RAILROAD COMPANY.
[Senate Ex. Doc. No. 64, Forty-seventh Congress, first session l
Letter from the Secretary of the Interior, transmitting information in relation to Senate reso-
lution of January 12, 1882, calling for a certain decision of the Commissioner of the General
Land Office and the opinion of the Attorney-General relating to the Northern Pacific Rail-
road Company, &c.
JANUARY 19, 1882.—Referred to the Committee on the Judiciary and ordered to be printed.
DEPARTMENT OF THE INTERIOR,
Washington, January 19, 1882.
SIR: In answer to Senate resolution of the 12th instant, directing me to communi-
cate to the Senate a certain decision of the Commissioner of the General Land Office,
a decision of my immediate predecessor, and the opinion of the Attorney-General, all
relating to the Northern Pacific Railroad Company, with all papers, orders, corre-
spondence, and memoranda in this Department bearing on the said decisions and opin-
ion; also the number of acres for which patents have been issued to said company or
its assigns since the 4th day of July, 1877, I have the honor to transmit here with the
report of the Commissioner of the General Land Office on the subject.
From this report it will be seen that patents for lands in the Olympia district, Wash-
ington Territory, were issued on the 8th April, 1880, for 3,016.08 acres opposite a por-
tion of the road constructed by said company previously to 1875. No patents for lands
have been issued for the 475 miles of said road constructed, examined, and accepted
in 1880 and 1881. -
Very respectfully,
S. J. KIRKWOOD,
Secretary.
The honorable the PRESIDENT pro tempore of the Senate.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., January 16, 1882.
SIR : I am in receipt, by reference from the Department on the 13th instant, for
Teport, of Senate resolution passed the 12th instant, as follows:
“Resolved, That the Secretary of the Interior be directed to communicate to the
Senate the decision of the Commissioner of the General Land Office, declaring the land
grant made to the Northern Pacific Railroad Company lapsed under the operation of
the law granting the same; and, also, the full text of the decision, order, or instruc-
tions of his predecessor, Hon. Carl Schurz, overruling the decision of the Commissioner
of the General Land Office and restoring the grant of lands to the Northern Pacific
Railroad without reference of the subject to the consideration of Congress; and that
he be further directed to communicate all papers, orders, correspondence, and memo-
randa in his Department touching or relating to the decision of the Commissioner of
the Land Office aforesaid, the order of the Secretary of the Interior overruling the
same, and the decision of the Secretary of the Interior restoring and confirming to the
said Northern Pacific Railroad Company said grant of land, including an opinion of
the Attorney-General on the subject; also, the number of acres for which patents have
been issued to said company or its assigns since the 4th day of July, 1877.”
In accordance with instructions, I have to report as follows:
I know of no decision, in any actual case presented by the Commissioner of the Gen-
eral Land Office, declaring the grant to the Northern Pacific Railroad Company
lapsed, which has been reversed by the Secretary of the Interior.
I inclose a copy (marked A) of a letter to the register and receiver at Bozeman,
Montana Territory, October 12, 1877, by the then Commissioner, stating that the time
for the completion of the road, under the grant, expired July 4, 1877, but that, under
cited decisions, there was no power in the office to enforce forfeiture. There may
have been other letters of similar import. •
May 10, 1879, George Gray, esq., attorney for the company, transmitted to your pr
decessor a map of the amended branch line of the proposed road in Washington Ter- .
ritory and asked that it be accepted by the Department, and the withdrawal of lands
adjusted accordingly. The said letter and map were referred to this office for report.
The report called for was made May 21, 1879, and Mr. Gray’s letter returned there with
to the Department, where it is now on file. A copy of my predecessor's said report is
herewith, marked B. . It will be observed that it presented to the Secretary the ques
tion whether or not the grant in question had lapsed.
NORTHERN PACIFIC RAILROAD. 875
June 11, 1879, your predecessor returned, approved, the amended route map with
his decision upon the questions involved. In said decision (copy here with, marked
C), the Secretary held that the grant was in full force and effect, fully stating the
Tôa,SOIlS.
The above recited decision by your predecessor is the only one of which I am aware,
touching the lapsing of the grant in question.
I know of no opinion of the Attorney-General in the premises.
A full report, with maps, showing the several lines of road proposed by the com-
pany, and the history of the withdrawals for the grant, was made by the Acting
Commissioner of this office March 8, 1880, and by your predecessor communicated to
the Senate March 12, 1880. (See Senate Ex. Doc. No. 120, 46th Congress, 2d session.)
The only patent issued to the company since July 4, 1877, was dated April 8, 1880,
covering 3,016.08 acres in the “granted” limits, Olympia Land District, Washington
Territory, opposite a portion of the road constructed previous to 1875.
On October 26, 1880, the Attorney-General rendered an opinion on similar questions
relating to the grant to the Atlantic and Pacific Railroad Company. (See Opinions
of Attorneys-General, vol. 16, page 572.) (See page 853, herein.)
The copy of the Senate resolution is inclosed.
I am, sir, very respectfully, your obedient servant,
N. C. McFARLAND,
Commissioner.
Hon. S. J. KIRKWOOD, &
Secretary of the Interior.
NOTE–See Senate Ex. Doc. No. 120, 2d sess. 46th Cong., “containing information concerning the
flºº lines of location of the Northern Pacific Railroad, the changes in said location, the lands with-
. under the several locations, and the extent to which the rights of settlers have been affected,”
with maps:
See also Report of Acting Commissioner of General Land Office, Feb. 11, 1880; Report Commis-
sioner General Land Office, 1880, page 108, on railroad grants lapsed by reason of the non-completion of
roads within the time fixed by law.
NORTHERN PACIFIC RAILROAD LANDS, EXHIBITS A, B, C, DECISIONS OF
COMMISSIONER OF GENERAL LAND OFFICE AND SECRETARY OF THE
INTERIOR. - -
A.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., October 12, 1877.
REGISTER AND RECEIVER,
Bozeman, Mont. :
GENTLEMEN: I have received your letter of July 14, last, asking whether the odd
sections withdrawn from the Northern Pacific Railroad Company are subject to entry,
the company having failed to construct its road within the period prescribed by the
statute.
By the terms of the grant the time within which the company was rêquired to com-
plete the road expired on the 4th of July last.
The Supreme Court of the United States, however, in the case of Schulenberg et al.
w8. Harriman, announced that the provision for reversion is a condition subsequent
and cannot operate until a declaration of forfeiture, either by some judicial proceed-
ing authorized by law or by legislative assertion of ownership on the part of the Gov-
ernment has been made.
This office, therefore, has no power to enforce a forfeiture of the grant, or restore the
lands, and until action of the above characteris taken the lands will continue in their
present state of reservation.
Very respectfully,
J. A. WILLIAMSON,
B * Commissioner.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
. Washington, D. C., May 21, 1879.
Hon. C. SCHURZ, t
Secretary of the Interior :
SIR: I have received, through reference by you, a letter from George Gray, esq., at-
torney of the Northern Pacific Railroad Company, dated New York, 10th inst., accom-
panied by a map representing the amended location of the branch line of said rail-
876 - NORTHERN PACIFIC RAILROAD.
road in Washington Territory which it is desired be accepted and approved by the De-
partment. You ask for an expression of my views as to whether any reasons exist why
the request of Mr. Gray should not be granted. I have the honor to submit the fol-
lowing in reply: e
By act of Congress approved July 2, 1864 (13 Stats, 365), a grant of lands was made
to the Northern Pacific Railroad Company to aid in the construction of a railroad
from a point on Lake Superior, in Wisconsin or Minnesota, to some point on Puget
Sound, with a branch, via the valley of the Columbia River, to a point at or near
Portland in Oregon.
By joint resolution of May 31, 1870 (16 Stats., 378), the company was authorized to
locate and construct its main line to some point on Puget Sound via the valley of the
Columbia River, with the right to locate and construct its branch from some conven-
ient point on its main trunk line across the Cascade Mountains.
The map of the general route of the main line as filed by the company fixes a point
at or near the international boundary on Puget sound as the western terminus.
By a map filed August 15, 1873, the branch line was represented as leaving the main
line at a point near Lake Pend D'Oreille, in Idaho Territory, running thence across.
Washington Territory to a point on Puget Sound.
This map was filed under the sixth section of the act of 1864, as amended by the
resolution of 1870, and was considered as a map of general route. The odd sections.
were regularly withdrawn for forty miles on each side of the line of road, and that
reservation has never been revoked or changed.
On the 18th November; 1876, this office received, by reference for report from the
Department, a letter from W. K. Mendenhall, accompanied by a map showing a desired
amendment by the company of the branch line aforesaid.
This map represented the amended line as beginning at Snake River, a tributary
of the Columbia, in the southeastern part of Washington Territory, running thence
along the Yokama and Nachess Rivers to Tocoma, its present western terminus of the
main line, thereby greatly shortening the line as fixed by map previously filed.
On the 22d November I returned the map, with the statement that I could see no
objections to the change proposed, it appearing that a very large body of land with-
drawn along the first line would be released and opened to settlement, while the tract
affected by the amendment would not be so large.
'On the 24th November your predecessor, the Honorable Z. Chandler, approved the
map and directed this office to prepare the necessary instructions for withdrawing the
lands along the new line and restoring those along the old.
Pending the preparation of the maps necessary to give effect to the Secretary’s direc-
tions, the Honorable Orange Jacobs filed in the Department a motion for a reconsid-
eration of the action of the Secretary, which, with a reply by Mr. Mendenhall, was
referred to me for report. Report was made January 17, 1877.
On the 15th October following you reviewed the whole subject and, for reasons fully
set forth in your letter to me, declined to disturb the action of your predecessor in
approving the map, and directed me to execute the previous instructions.
Accordingly instructions were drawn, but, prior to their receiving my signature, I
was directed by the honorable Assistant Attorney-General to suspend action in the
premises until further ordered. Meantime the matter has been held in abeyance.
The company has now fiked a new map and renewed its request of 1876.
An examination of the map shows a route very different from that represented upon
the first amended map, and is, with the exception of a few miles, a new location.
It is a map of general route and was adopted by the company, as shown by certifi-
cate of the president thereto attached. Though it is not certified to as having been
made from actual survey, I have been informed by officers of the company that the
location of the portion of the line through and across the mountains is the result of
careful engineering.
The fact that the present location differs from the line as represented upon the map
filed by the company in 1876, cannot in my opinion be considered an objection, for it
accomplishes the purpose of the change by greatly shortening the length of the branch,
and immaterially affects the quantity of lands to be restored to entry.
That the company has the power to change the line of general route, and the Depart-
ment the authority to recognize the change, is determined by your decision approving
the action of Secretary Chandler; but two questions have presented themselves to my
mind to which I deem it proper to direct your attention. .
1st. Has the grant to the company lapsed by reason of the failure of the company
to perform certain acts within the time specified in the granting statutes?
2nd. If it has so lapsed can the Department recognize any acts by the company
looking to the initiation of new rights or the enlargement of old ones?
Upon these points I do not desire to express an opinion, preferring to leave them
for your consideration. Aside from these possible objections, no new reasons are
known why the map should not be accepted, and the previous instructions by the
Department carried into effect. On the contrary, I am of opinion that the best inter-
NORTHERN PACIFIC RAILROAD. 877
est of the public requires that the desired change should be allowed. At present a
Very large body of land is withheld from settlement and entry which by the amended.
line would be released and restored to the Government, whilst the tract that would
be required to be withdrawn is not so large by some four million acres.
The communication from Mr. Gray and the map are here with returned.
Very respectfully, yotir obedient servant,
J. A. WILLIAMSON,
Commissioner.
C.
DEPARTMENT OF THE INTERIOR,
Washington, June 11th, 1879.
SIR : I have received your letter of the 21st ultimo, returning the letter of George
Gray, esq., attorney of the Northern Pacific Railroad Company, dated New York the
10th ultimo, presenting a map of amended location of the general route of the branch
line of said railroad in Washington Territory, and requesting that it be accepted and
approved by this Department.
The letter of Mr. Gray was referred to you for an expression of your.views as to
whether any reason existed why his request should not be granted.
In returning the letter, and map accompanying it, you call my attention to two
questions, which, I understand, you deem material in determining whether said com-
pº has the right now to file this map, and have the same approved, viz:
“1. Has the grant to the company lapsed by reason of the failure of the company
to perform certain acts within the time specified in the granting statutes?
“2. If it has so lapsed, can the Department recognize any acts by the company look-
ing to the initiation of new rights or the enlargement of old ones?”
You further state: “Aside from those possible objections no new reasons are known
why the map should not be accepted, and the previous instructions by the Depart-
ment carried into effect. On the contrary, I am of opinion that the best interest of
the public requires that the desired change should be allowed. At present a very
large body of land is withheld from settlement and entry, which by the amended line
would be released and restored to the Government, whilst the tract that would be
required to be withdrawn is not so large by some four millions acres.”
The previous instructions referred to are those given by my predecessor, dated No-
vember 24, 1876, in approving the map of amended location in Washington Territory,
then presented by said company.
The first question suggested by you requires an examination of the act of Congress
making the grant to said company, and the acts supplementary thereof. -
By the eighth section of the act of July 2, 1864 (13 Statutes, 370), it is provided :
“SEC. 8. And be it further enacted, That each and every grant, right, and privilege
herein are so made and given to, and accepted by said Northern Pacific Railroad Com-
pany, upon and subject to the following conditions, namely: That the said company
shall commence the work on said road within two years from the approval of this act
by the President, and shall complete not less than fifty miles per year, after the second
year, and shall construct, equip, furnish, and complete the whole road by the fourth
day of July, anno Domini eighteen hundred and seventy-six.”
“SEC. 9. And be it further enacted, That the United States make the several condi-
tioned grants herein, and that the said Northern Pacific Railroad Company accept the
same, upon the further condition that if the said company make any breach of the
conditions hereof, and allow the same to continue for upwards of one year, then, in
such case, at any time hereafter, the United States, by its Congress, may do any and
all acts and things which may be needful and necessary to insure a speedy comple-
tion of the said road.” - -
By section 2 of a joint resolution approved May 7, 1866 (14 Statutes, 355), entitled “A
resolution extending the time for the completion of the Union Pacific Railway, east-
ern division,” it is provided: *
“SEC. 2. And be it further resolved, That the time for commencing and completing the
N orthern Pacific Railroad, and all its several sections, is extended for the term of two
7628. I’S. -
y By a joint resolution approved July 1, 1868 (15 Statutes, 255), entitled “Joint reso-
lººſending the time for the completion of the Northern Pacific Railroad,” it is
TOWI (1601:
p “Be it resolved by the Senate and House of Representatives of the United States of America
in Congress assembled, That section eight of an act entitled ‘An act granting lands to
aid in the construction of a railroad and telegraph line from Lake Superior to Puget
Sound, on the Pacific coast,” is hereby so amended as to read as follows: “That each
and every grant, right, and privilege herein, are so made and given to and accepted
by said Northern Pacific Railroad Company upon and subject to the following condi.
#ions, namely: That the said company shall commence the work on said road within
878 NORTHERN PACIFIC RAILROAD.
two years from and after the second day of July, eighteen hundred and sixty-eight,
and shall complete not less than one hundred miles per year, after the second year
thereafter, and shall construct, equip, furnish, and complete the whole road by the
fourth day of July, anno Domini eighteen hundred and seventy-seven.”
Did the second section of the joint resolution of 1866 extend the time originally pro-
vided for the commencement and completion of said road, or did it extend the time
provided in section 8 of said act as amended by the joint resolution of 1868?
It will be observed that the joint resolution of 1868 is entitled “Joint resolution ex-
tending the time for the completion of the Northern Pacific Railroad.” If it be held
that the act of 1868 repealed the extension in the act of 1866, then, instead of ex-
tending the time, it shortened the time one year, for, by the resolution of 1866, the time
for the completion of the road would have been July 4, 1878.
Unless there is a clear repugnancy between statutes in pari materia they are to be
construed so as to give effect to each. It is also a well settled rule that statutes are
not repealed by implication. Numerous cases might be cited in support of this rule.
Can the acts above cited be so interpreted as to give effect to each *
It will be noticed that the amendment of the act of 1868 is an amendment so as
to make the original act read as follows: “That each and every grant, right, and priv-
ilege herein, are so made and given to and accepted by said Northern and Pacific
Railroad Company,” etc.
In the case of the Missouri, Kansas, and Texas Railway Company vs. the Kansas
Pacific Railway Company, decided at the last term of the Supreme Court, the court
say, “It is true the act of 1864 enlarged the grant of 1862, but this was done, not by
words of a new and an additional grant, but by a change of words in the original act,
substituting for those there used words of larger import. This mode was evidently
adopted that the grant might be treated as if thus made originally, and therefore, as
against the United States, the title of the plaintiff to the enlarged quantity, with the
exceptions stated, must be considered as taking effect equally with the title of the
less quantity as of the date of the first act.”
Applying the rule thus announced, it must be held that said company was to com-
mence work on said road within two years from the second day of July, 1868, and to .
complete the same on or before the fourth day of July, 1877; and that such must be
taken as the terms of the original charter to said company.
With the terms of the charter thus fixed, the joint resolution of 1866 extends the
time for the completion of the road until July 4, 1879.
It will be observed, also, that this act, unlike most of the acts making grants to
railroad companies, does not provide that at the expiration of the time fixed for the
completion of the road the lands granted shall revert to the United States, but does
provide “that if the said company make any breach of the conditions hereof, and
allow the same to continue for upwards of one year, then, in such case, at any time
hereafter, the United States, by its Congress, may do any and all acts and things
which may be needful and necessary to insure a speedy completion of said road.” (See
9th section.)
It will thus be seen that no proceedings can be taken even by Congress to declare a
forfeiture of this grant, if breaches thereof have occurred, until one year after the
time fixed for the completion of the road, viz, July 4, 1880.
If this be not the true construction of the various provisions of the acts of Congress
in relation to this grant, still, under the rule announced by the Supreme Court in the
case of Schulenberg v8. Harriman (21. Wallace, 44), it must be held that until Congress
. take some steps to declare a forfeiture of said grant the same is in full force and
effect. -
In the case cited, the court say: “At common law the sovereign could not make
an entry in person, and, therefore, an office found was necessary to determine the
estate, but, as said by this court in a late case, “the mode of asserting or of resuming
the forfeited grant is subject to the legislative authority of the Government. It may
be after judicial investigation, or by taking possession directly under the authority
of the Government without these preliminary proceedings.” In the present case no
action has been taken, either by legislation or judicial proceedings, to enforce a for-
feiture of the estate granted by the acts of 1856 and 1864. . The title remains, there-
fore, in the State as completely as it existed on the day when the title by location of
the route of the railroad acquired precision and became attached to the adjoining
alternate sections.” I am not advised that any proceedings have been taken to de-
clare a forfeiture of the grant to this company; and if my views of the law above
expressed are correct, the time has not yet arrived when Congress could take any pro-
ceedings to declare such a forfeiture; but, in either event, the grant to-day must be
held to be the same as it existed on the day when it was made and accepted by the
COIOTO3,DV.
#. icond question being predicated upon the first, and involved therein, is un-
necessary to answer.
The grant being held to be in full force and effect to-day, I can perceive of no
NORTHERN PACIFIC RAll_ROAD. 879
reason why the amended map should not be filed. The map of the general route
originally filed, and the withdrawal made thereon, was for the protection of the com-
pany in reserving the tracts of land included therein for it, if the road was built on
that line. It was not a map of definite location of the road, and hence the grant did
not attach to specific tracts of land.
The right of the company under its grant only attaches to specific tracts upon the
definite location of its road.
The company, by its attorney, has filed with me, and the same is here with trans-
mitted, a relinquishment of all its right and interest in any of the lands first with-
drawn on the branch route in Washington Territory. By this relinquishment, as
stated by you, a very large quantity of land will be released from the reservation and
become subject to disposal under the laws of the United States. The particular route
upon which the branch line was to be built in Washington Territory was not specified
in the act, and it must, therefore, be considered that Congress intended to leave this
selection of the route to the company.
The company, after considerable difficulty, has finally selected a route upon which
it deems it to be practicable to build the road provided for by Congress.
The map of amended route is here with transmitted approved, and you will cause
the lands on said route within the limits specified in the granting act to be with-
drawn for the benefit of said company, and those on the route heretofore selected to
be restored. º
No withdrawal having been made on the route indicated on the Imap filed with and
approved by my predecessor November 24, 1876, no further action in relation to said
map and route will be taken.
The rights of settlers upon the lands included within the limits of the withdrawal
to be made under this amended route must be protected, if settlements and entries
be made before the receipt of notice of withdrawal at the local office.
Very respectfully, C. SCHURZ
e H 3.
- Secretary.
The COMMISSIONER OF THE GENERAL LAND OFFICE.
—I-
[House Ex. Doc., No. 63, Forty-seventh Congress, first session.]
LAND GRANT OF THE NORTHERN PACIFIC RAILROAD.
Letter from the Secretary of the Interior, in answer to the resolution of the House of January
30, relative to the action of the Interior Department and General Land Office as to the land
grant to the Northern Pacific Railroad Company.
FEBRUARY 4, 1882.-Referred to the Committee on Pacific Railroads and ordered to be printed.
DEPARTMENT OF THE INTERIOR,
** . Washington, February 2, 1882.
SIR: In answer to resolution of the House of Representatives of the 30th ultimo,
calling for information as to the action of this Department and the General Land Of-
fice as to the land grant to the Northern Pacific Railroad Company, I have the honor
to transmit here with the report of the Commissioner of the General Land Office on the
subject, under date of the 1st instant.
Very respectfully,
S. J. KIRKWOOD, .
Secretary.
The honorable the SPEAKER tº -
of the House of Representatives.
DEPARTMENT of THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., February 1, 1882.
SIR: I am in receipt, by reference from the Department, on the 31st ultimo, for re-
#; of a resolution passed by the House of Representatives on the 30th ultimo, as
ollows: - -
“Resolved, That the Secretary of the Interior be requested to communicate to this
House the decision of the Commissioner of the General Land Office declaring the land
grant made to the Northern Pacific Railroad lapsed under the operation of the law
granting the same; and also the full text of the decision, order, or instructions of his
predecessor, Hon. Carl Schurz, overruling the decision of the Commissioner of the
880 NORTHERN PACIFIC RAILROAD.
General Land Office, and restoring the grant of lands to the Northern Pacific Railroad
without reference of the subject to the consideration of Congress. And that he be
further requested to communicate all papers, orders, correspondence, and memoranda
in his Department touching or relating to the decision of the Commissioner of the Gen-
-eral Land Office aforesaid, the order of the Secretary of the Interior overruling the
same, and the decision of the Secretary of the Interior restoring and confirming to the
said Northern Pacific Railroad Company the said grant of land to it.”
|Under date 16th ultimo I had the honor to make a report to you upon a Senate res-
olution, passed the 12th ultimo, to the same effect and in words almost identical with
that now under consideration. My Said report was by you communicated to the Sen-
ate on the 19th ultimo, and is printed in Senate Ex. Doc. No. 64, present session. . .
Inasmuch as the information called for is fully given therein, I inclose here with a
copy of the Senate executive document above referred to, deeming it unnecessary to
consume the time of clerks or delay this report in making written copies of the same
Joapers. • -
The House resolution referred by you is here with returned.
I am, sir, very respectfully, your obedient servant,
* N. C. McFARLAND,
Commissioner.
[See S. Ex. Doc. 64, first session, Forty-seventh Congress, page 874, herein.]
Hon. S. J. KIRKwooD,
Secretary of the Interior.
[House Report No. 1283, Forty-seventh Congress, first session.]
NORTHERN PACIFIC RAILROAD LAND GRANTS,
Ö
REPORTS OF CONGRESSIONAL COMMITTEES.
JUNE 6, 1882.—Ordered to be printed.
Mr. T. B. REED, of Maine, from the Committee on the Judiciary, submitted the
following report: *
The Committee on the Judiciary, to whom were referred sundry bills relating to
Tand grants to railroads, have had the same under consideration, and report, as to the
Northern Pacific Railroad, as follows. -
The Northern Pacific Railroad Company derives its chartered rights from the act of
July 2, 1864 (13 Statutes, 365). The road is to be constructed from a point on Lake
Superior to Puget Sound, with a branch, via the valley of the Columbia, to a point
at or near Portland, Oreg. Twenty alternate odd-numbered sections per mile on each
side of the road in Territories and ten in States were granted to the company, with a
right under that and subsequent statutes to make up out of a twenty-mile limit on
either side all losses arising from prior disposal by the United States of lands the
‘company would have otherwise been entitled to. º
By the terms of the original act the road should have been completed July 4, 1876.
By joint resolutions approved May 7, 1866 (14 Stat., 355), and July 1, 1868 (15 Stat.,
255), such changes were made as to time of completion that the Secretary of the In-
terior, June 11, 1879, held that the effect of them was to require the completion of the
road July 4, 1879. Whether this was the exact date or not, it is sufficient to say that
the time for completion has now expired beyond question. Eleven hundred and
-eighty miles of the road have been completed. On the western side it is finished from
Puget Sound to the western boundary of Montana, and on the eastern side from Lake
Superior to the crossing of the Big Horn, in Montana. , About 600 miles remain to be
built. These figures we understand to refer to the mainſ line.
Under the provisions of section 3 of the act of July 2, 1864, the land was granted ;
sunder those of sections 8 and 9 the conditions were imposed.
The important granting words of section 3 are as follows: -
“SEC. 3. And be it further enacted, That there be, and hereby is, granted to the
Northern Pacific Railroad Company “ ” * * every alternate section of public
land,” &c.
The conditions are as follows, in full :
“SEC. 8. That each and every grant, right, and privilege herein are so made ind
given to and accepted by said Northern Pacific Railroad Company upon and subject
NORTHERN PACIFIC RAILROAD. 881.
to the following conditions, namely: That the said company shall commence the
work on Baid road within two years from the approval of this act by the President,
and shall complete not less than fifty miles per year after the second year, and shali
construct, equip, furnish, and complete the whole road by the 4th day of July, anno
Domini 1876.
“SEC. 9. That the United States make the several conditioned grants herein, and
that the said Northern Pacific Railroad Company accept the same, upon the further
condition that if the said company make any breach of the conditions hereof and allow
the salue to continue for upwards of one year, then, in such case, at any time here-
after, the United States, by its Congress, may do any and all acts and things which
may be needful and necessary to insure a speedy completion of the said road.”
Upon this state of facts your committee are called upon to state their opinion as
to the legal rights of the United States, and to advise what legislative action, if any,
ought to be taken.
The legal effect of the sections as quoted above is to make a present grant to the com-
pany of the lands in question, subject to the provisions and conditions stated in sec-
tions 8 and 9. The sections taken together vest in the company an estate upon con-
dition subsequent. If section 9 had not been enacted, it would be quite clear that
the estate of the company would have been determinable at the pleasure of the United
States on the happening of any one of three things: 1st, a failure to begin the road
in two years; 2d, a failure in any one year to build fifty miles; and, 3d, a failure in
ten years to build, equip, and complete the whole road. To secure this right of for-
feiture it was not necessary to mention it in the act. The words “upon condition”
were the only words needed. They are as potent as if the words had been added,
‘‘and if these conditions are not fulfilled the land shall revert to the United States.”
But the severity of the words in section 8 Congress had a perfect right to modify. It
had a right to say just what should be the effect of a breach of the conditions of the
giant. It could rest its reserved rights on the words “upon condition,” and then the
legal effect would be to retain the right of revertiter, or it could claim that right in
80 many Words, as was done in all the railroad grants made to States. Instead of
either of these things, Congress enacted section 9, limiting and defining the effect of
a breach of the conditions named in section 8. By that limitation the sole right which
remains in the United States at the present time is the right, “by its Congress, to do
any and all acts which may be needful and necessary to insure the speedy completion
of the road.” Of course this still leaves to Congress a wide range of power, but its power
is necessarily subordinate to the speedy completion of the road. If Congress deems
the forfeiture of the lands needed for the speedy completion of the road it would have
a right so to forfeit the lands. It might give them to another company, sell them, and
apply the proceeds, provided it adjudged such a course “needful and necessary to
secure the speedy completion of the road.”
The purposes and intention of Congress in passing the act of July 2, 1864, appear
throughout all the act to be the speedy completion of the road. Every provision has
that in view. All the limitations and conditions are to that end, and the limitations
of time had that purpose only. Even the right to amend and repeal is subject to the
same controlling desire.
Section 20 reads as follows:
“SEC. 20. And be it further enacted, That the better to accomplish the object of this
act, namely, to promote the public interest and welfare by the construction of said
railroad and telegraph line, and keeping the same in working order, and to secure to
the Government at all times (but particularly in time of war) the use and benefits of
the same for postal, military, and other purposes, Congress may, at any time, having
due regard for the rights of said Northern Pacific Railroad Company, add to, alter,
amend, or repeal this act.”
The United States did not want back its lands. It wanted a great public thorough-
fare across the continent, and it took every precaution to insure its completion.
The remaining question, therefore, for us to consider is, “what is needful and neces-
sary to insure the speedy completion of the road?”
As has already been stated, 1,180 miles of the road have been completed; 600 or less
remain. Work is going on at both interior termini and on the tunnels in the heart
of Montana. It appears that 150 miles were approved by President Hayes in 1880,
and 325 miles by President Arthur last year. The company assert that by September,
1883, they will finish the road; that they are progressing as fast as can possibly be
done. . No testimony or suggestion to the contrary has been made by any one. Your
committee do not see how the transfer of the lands to another company could hasten
the completion of the road, nor would it be regarded as advisable for the Government
to complete the road by its own direct action. Congress would hardly regard either
course as needful and necessary to insure the speedy completion of the road.
We can conceive of no legislation which would hasten the completion of the road, and
t arefore recommend none.
56 L O—VOL III
882 NORTHERN PACIFIC RAILROAD.
i
'J',
[House Report 1283, Part 2, Forty-seventh Congress, first session.]
NORTHERN PACIFIC RAILROAD LAND GRANT.
July 24, 1882.-Ordered to be printed.
Mr. LEWIS E. PAYSON, of Illinois, from the Committee on the Judiciary, submitted
the following as the views of the minority:
Unable to agree with the majority of the committee in its conclusions as to the legal
rights of the United States as to the land grant in aid of this railroad, we submit our
V16WS.
Two questions are presented under the bill before us.
1st. Is there the right of forfeiture as to all unpatented lands within the limits
of the grant to this road, so that the United States may revest itself with the title
thereto, as in its former estate, by declaration of forfeiture ? and
2d. If the right of such forfeiture is found to exist, is it policy to exercise it 3
Of course the first question is purely a legal one, and, if determined in the negative,
renders absolutely unnecessary any inquiry as to the second.
The eminent counsel for the railroad company have, in the elaborate briefs filed
with the committee, as well as in their oral arguments before it, assumed that by the
acts of Congress making the grant and the acts amendatory thereto the title to all
these lands was absolute in the company ; that because no power was reserved to Con-
gress in express terms to declare a forfeiture for breach of the condition as to the time
of the completion of the road, therefore no such power exists; and they also insist that,
in any event, by the provisions of the ninth section of the act of July 2, 1864, the grant
is irrevocably pledged to the construction of this particular road, and that by that
section of the act Congress has restricted its right and power to this: that the land or
its proceeds must be appropriated to the completion of the road, irrespective of the
time required for its completion.
This latter view the majority of the committee adopt, and, while not assenting to
the views of the company as to the necessity of an express reservation in the granting
act of the right to declare a forfeiture, yet hold that—
“By that limitation (section 9) the sole right which remains in the United States at
the present time is the right by its Congress to do any and all acts which may be
needful and necessary to insure the speedy completion of the road. * * * All the
limitations and conditions are to that end.”
And conclude:
“We can conceive of no legislation which would hasten the completion of the road,
and therefore recommend none.”
The minority do not agree with these views; we assert that the power to declare an
absolute forfeiture of this land grant is in Congress, and that the question of the policy
of action to that end should be considered and be decided after a careful examination
of existing conditions as well as past transactions, and with a broad and liberal view
of what has been done under the disadvantageous surroundings of the promoting,
constructing, and equipping a railroad through the unimproved section of the country
traversed by this road.
The questions are important, involving the title to upwards of 39,900,000 acres of
land, estimated by the company to be worth $2.50 per acre, or $99,750,000. (Report
of Commissioner of Railroads, 1881, p. 185.)
The legislation necessary to be noticed is as follows:
The act incorporating the company and making the grant was passed July 2, 1864
(13 Stat., 365), sections 3, 8, 9, and 20 being the only ones deemed essefitial to be noticed
in this inquiry, and they are as follows:
“SEC, 3. And be it further enacted, That there be, and hereby is, granted to the North-
ern Pacific Railroad Company, its successors and assigns, for the purpose of aiding in
the construction of said railroad and telegraph line to the Pacific coast, and to secure
the safe and speedy transportation of the mails, troops, munitions of war, and public
stores over the route of said line of railway, every alternate section of public lands,
not mineral, designated by odd numbers, to the amount of 20 alternate sections per
mile, on each side of said railroad line, as said company may adopt, through the Ter-
ritories of the United States, and 10 alternate sections of land per mile on each side of
said railroad whenever it passes through any State. * * *
“SEC. 8. Tha', each and every grant, right, and privilege herein are so made and
given to and accepted by said Northern Pacific Railroad Company upon and subject to
the following conditions, namely: That the said company shall commence the work on
said road within two years from the approval of this act by the President, and shall
NORTHERN PACIFIC RAILROAD. 883
complete not less than 50 miles per year, and shall construct, equip, furnish, and com-
plete the whole road by the 4th day of July, 1876.
“SEC. 9. That the United States make the several conditioned grants herein, and
that the said Northern Pacific Railroad Company accept the same, upon the further
condition that if the said company make any breach of condition hereof and allow the
same to cºntinue for upward of one year, then in such case, at any time hereafter, the
United States by its Congress may do any and all acts and things which may be need-
ful and necessary to insure a speedy completion of the said road.
“SEC. 20. And be it further enacted, That the better to accomplish the objects of this
act, namely, to promote the public interest and welfare by the construction of said
railroad and telegraph line, and keeping the same in working order, and to secure to
the Government at all times (but particularly in time of war) the use and benefits of
the same for postal, military, and other purposes, Congress may at any time, having
due regard for the rights of said Northern Pacific Railroad Company, add to, alter,
amend, or repeal this act.”
By joint resolutions of May 7, 1866, and July 1, 1868 (as ruled by the Department),
the time of the completion of the road was extended to July 1, 1879; so that absolute
default has occurred so far as time is concerned.
It is perfectly clear, under the authorities, that the interest acquired by the com-
pany by the act of 1864 to the lards in question was an estate in presenti, with the con-
ditions subsequent created by the eighth and ninth sections of the act. (R. R. Co. vs.
Smith, 9 Wall., 95; Schulenburg vs. Harriman, 21 Wall., 60; Leavenworth, &c., R.
R. Co. vs. U. S., 92 U. S., 741.)
By the eighth section of the actit was distinctly asserted—
“That each and every grant, right, and privilege herein are so made and given to and
accepted by said Northern Pacific Railroad Company upon and subject to the follow-
ing conditions, namely, (1) that the said company shall commence the work on said
road within two years from the approval of this act by the President; and (2) shall
complete not less than 50 miles per year; and (3) shall construct, equip, furnish, and
complete the whole road by the 4th day of July, 1876.”
These are the conditions of the eighth section of the act. Nothing could be clearer
than that upon a default in the performance of either of these conditions the right at-
tached of declaring a forfeiture for the breach by the Government. The right existed
independent of any express reservation in the grant. The law gives the right; it fol-
lows as an incident to the estate “upon condition subsequent” as fully and absolutely
in the grantor as though expressly reserved; indeed, it is believed that no respectable
authority can be found which holds that the power to determine, by the grantor, an
estate on condition subsequent for breach thereof is strengthened by express reserva-
tion of the power. w
The majority of the committee concede this, and say:
“To secure this right of forfeiture it was not necessary to mention if in the act; the
words “upon condition” were the only words needed.”
It is perfectly clear, then, that to this point in the legislation the position of the
company was that of an ordinary grantee of such an estate, one determinable at the
leasure of the grantor on the happening of either of the three contingencies named
in the eighth section.
To this the majority of the committee agree with us. . .
The divergence in opinion between us begins with the introduction of the ninth
section. The majority says: r
“But the severity of the words in section 8 Congress had a perfect right to modify.
It had a right to say just what should be the effect of a breach of the conditions of
the grant. ... It could rest its reserved rights on the words “upon condition,” and then
the legal effect would be to retain the right of revertiter, or it could claim the right
in so many words. * * : * Instead of either of these things, Congress enacted section
9, limiting and defining the effect of a breach of the conditions named in section 8.
By that limitation the sole right which remains in the United States at the present
time is the right, by its Congress, to do any and all acts which may be needful and
necessary to insure the speedy completion of the road.”
Is this conclusion warranted? That is the question to be first considered.
It should be observed that the language of the ninth section is peculiar, viz:
“That the United States make the several conditional grants herein, and the said North-
ern Pacific Railroad Company accept the same upon the further condition,” &c.
Is it not absolutely certain, leaving no room for interpretation or the entertainment
of any doubt, that to this point in the legislation, by breach of any of the conditions
named in section 8, every right of the company, not only to the land grant, but its
very franchises as a corporation, were determinable at the option of the Government,
expressed by Congressional action ? There is no foundation for even conjecture on
this point; the language is explicit, and there is no conflict of authority in the text-
books or reports as to the right of revertiter of all rights granted by the act, upon
breach of any condition, if forfeiture should be declared by Congress. -
884 NORTHERN PACIFIC RAILROAD.
So well established is this proposition that it would appear to be an affectation of
learning to cite authorities in support of it.
Now, it is insisted that because Congress inserted the provisions of section 9, that
“the United States makes the several conditional grants herein” (plainly referring to
the condition in section 8; there can be no question as to this), “and the said North-
ern Pacific Railroad Company accept the same” (that is, the grant of land, as well as the
franchise and privileges in the act conferred, subject to the conditions named in section
8), “upon the further condition that if the company make any breach of conditions hereof
and allow the same to continue for upwards of one year, then * * * the United
States * * * may do any and all acts which may be needful and necessary to in-
sure a speedy completion of the said road,” this was, in express terms, inserted as a
further condition upon the already “conditional grants” of the act; a condition super-
added to those in the eighth section, and, by apt expression in the act, the company
accepted the “conditional grants” created by the eighth section, with the additional
burden imposed by the “further conditions” of the ninth section.
How can it be pretended that the provisions of the ninth section were intended to
“modify the severity of the words in section 8”?
No reference is made in the language of the ninth section to any intention to divest
the Government of any rights it had reserved by the provisions of the eighth section
by operation of law ; indeed, we insist that no language could be used which would
more forcibly convey the idea that Congress reserved all rights which it had under
the eighth section than by using the expression that it did in the ninth section, that
the cºnditional grants” are made and accepted on the “further (additional) condi-
tion,” &c.
Undoubtedly Congress had the right to “modify the severity of the words in sec-
tion 8;” equally clear is it that it had the right “to say just what should be the ef-
fect of a breach of the condition of the grant.” But has Congress “modified the se-
verity of the words of section 8?” Has it 8aid just “what the effect of a breach of
the condition of the grant” should be? Not a word as to this in express terms.
Keeping in mind that to reserve the right of forfeiture it was not necessary to men-
tion it in the act; that all that was needed was to use the expressions that were used,
viz, “that every grant, right, and privilege herein are so made and given to and ac-
cepted by said Northern Pacific Railroad ěj upon and subject to the following
condition,” and that the right of declaring a forfeiture for breach of condition is not in
the least strengthened by an express reservation of the right in the act, if Congress
did modify the severity of the words of section 8, the modification must arise from the
legal effect of the provisions of section 9, because no express words are used showing
such intention, and the modification, if it exists, must be by an interpretation of the
ninth section.
The difficulty with the report of the majority is that it assumes this interpretation
of the provisions of section 9, that by impesing a further condition on the company,
viz, giving Congress the right to exercise power in its discretion as to the details of
business management of the company, and to say what should or should not be done
by the company affecting its methods of advancing the work, &c.—a right that Con-
#. would not have had without such a provision—Congress relinquished and abso-
utely lost all the rights of declaring a forfeiture for breach of condition which the
law gave it, and which rights, as we have seen, were as well preserved by operation
of law as though saved by express reservation in the grant.
In other words, the majority assert that because, in express terms, Congress im-
posed a further condition on an already existing “conditional grant,” which further
condition was not inconsistent with the prior conditions and correlative rights and
liabilities under them, the imposition of such further condition was, in legal effect,
an abrogation of all legal rights beneficial to the Government growing out of the
prior conditions, and the grantee took the estate practically discharged therefrom.
As this is the material portion of the inquiry, let us examine it further.
Under section 8, for a breach of either of the conditions, Congress could determine
the estate in the company and revest itself with the granted title, and here its power
would end. It could not give direction as to any of the details of the business of the
company; it would be powerless to command any act to be done with reference to a
speedy completion of the road, or to coerce in any way any action on the part of the
company. It was in a position simply of ability to restore itself to its former position,
if it chose to exercise its right, leaving the company perfectly free to do as it chose
as to either manner or time of completion of the road. Congress assuming that per-
haps it might be to the advantage of the Government to have the power, in certain
contingencies, to give such direction to the company in any matter that would insure
more speedy action on its part in the construction of its road, in case default should
continue as to any condition for more than a year, the ninth section was added, not
as a substitute for the provisions of section 8, but, as stated in the Section, as a
further condition to the already “conditional grants.” This is the only reason which
can properly be assigned for inserting section 9.
NORTHERN PACIFIC RAILROAD. 885
There is no inconsistency between the two sections.
For breach of either condition of the eighth section a power to declare forfeiture
existed. This power might or might not be exercised, in the discretion of Congress.
A mere delay to assert the right would not interfere with the subsequent exercise
of it, nor relieve the grant of its conditional character. Nothing is better settled than
that laches is not imputable to the Government. (See U. S. vs. Kirkpatrick 9, Wheat.,
720.) The doctrine is reaffirmed in 11 Wheat., 184; 7 Otto, 584; 8 Otto,489.
If Congress did not choose to assert the right it had, and the default continued for
more than a year, then the provisions of section 9 became operative, and all the rights
growing out of the conditions in both sections were in a condition to be enforced by
the Government, at its pleasure.
It could, as it did, extend the time for the performance of the work, the conditions
meanwhile being none the less operative on the grant; no one pretending, however
that the mere extension of time relieved the grant of any of the conditions impos
by the original act.
All parts of a statute must be construed together and effect given to all the pro-
visions, if possible. It is never to be presumed that the legislature enacts useless
É. ; effect must always be given to every provision of a statute, if that be possi-
le, and in the construction of the grants that interpretation should always be given
which strengthens the rights reserved by or for the Government.
The courts have frequently held that these grants are laws as well as conveyances,
and that such effect must i. given them as will carry out the intent of Congress.
(Mo. R. R. Co., &c., 7 Otto, 491; Hall v8. Russell, 11 Otto, 503.) In Leavenworth, &c.,
R. R. v8. U. S. (92 U. S., 740), citing approvingly Dubuque, &c., vs. Litchfield (23
Howard, 66), the court say:
“All grants of this description are construed strictly against the grantee.”
And further:
“A grant like this should be neither enlarged by ingenious reasoning nor diminished
by strained construction. If the terms used are plain and unambiguous, there can be
no difficulty in interpreting them; if they admit of different meanings, they must be
accepted in a sense favorable to the grantor.”
“What is not expressly given or follows by necessary implication is withheld.”
These views are substantially indorsed by Attorney-General Devens (16 Op. Attor-
ney-General, p. 572), when, in giving a construction to the charter of the Atlantic and
Pacific Railroad Company, where the provisions were identical with those being con-
sidered here, that officer held, under these two sections, in case of default continued
for more than a year, that it would be necessary for the United States to take advan-
tage of such condition by acting under the ninth section, or by declaring a forfeiture
of the grant by legislative action, or by proceeding for enforcing a forfeiture by a
judicial proceeding; and he concludes:
“If the United States were disposed to revest in itself or enforce a forfeiture of the
lands granted, it would be necessary to take some action indicative of that intention.”
Showing that the common-law right of declaring a forfeiture exists, in his judg-
ment. -
Nor is the character of the grant changed or the rights of the company enlarged as
to the estate granted by the resolution of May 31, 1870, which authorized the issuing
of bonds and securing them by mortgage, as that resolution only authorized the pledg-
ing of “its property and rights of property of all kinds and description,” &c.
o language is used which in any way changes the legal character of the original
grant or makes the estate in the company other than one “on condition subsequent.”
Nothing is better settled than that a grantee of such an estate cannot, by any act
º than performance, defeat the condition and convert such estate into an absolute
e€.
This committee, in its report in the matter of “Title to certain lands in Michigan,”
No. 1266, asserted the true doctrine on this question, and if further authorities were
needed, Foxcroft vs. Mallett (4 Howard, 353) would appear decisive.
We conclude, then, on the legal question of power in Congress (and we are only
dealing with the abstract legal question now), that it has the right—
1st. To declare the title to all unpatented lands in the grant forfeited, and revest
the United States with it, so that it can be restored to the public domain, open to sale
and settlement under existing laws, under section 8.
2d. To take any steps it may deem advisable to insure a speedy completion of the
road, under section 9.
So much on the questions of power and the legal status of the grant.
The first question presented by the bill being answered affirmatively, an examina-
tion of the second is necessary, viz, Is it wise and prudent policy to exercise the power
to forfeit?
The company has contented itself with resting its case before the committee on the
legal arguments against the right of forfeiture.
886 NORTHERN PACIFIC RAILROAD.
Of course, the majority being of the opinion that no right of absolute forfeiture
exists, the facts, figures, conditions, &c., upon which the question of policy must
Inecessarily be decided have not been presented to the committee, and this report does
not assume to deal with aught but the legal aspects of the case. The House will
determine the question of policy.
Under the law, as we understand it, we are driven to the conclusion above stated.
L. E. PAYSON, Illinois.
N. J. HAMMOND, Georgia.
D. B. CULBERSON. Teaca 3.
M. A. McCOID, Iowa.
J. PROCTOR KNOTT, Kentucky.
WAN H. MANNING, Mississippi.
R. W. TOWNSHEND, Illinois.
Mr. J. PROCTOR KNOTT, of Kentucky, submitted the following additional views:
On the 6th day of June last the Committee on the Judiciary submitted to the House
a report in relation to the land grant made to the Northern Pacific Railroad Company,
asserting as a legal conclusion that
“The sole right which remains in the United States at the present time in respect
to the lands granted to that company, is the right, by its Congress, to do such acts
as may be needful and necessary to insure the speedy completion of the road,” and
denying in toto the right of the Government to declare the lands forfeited, notwith-
standing a breach of the conditions upon which the grant was made, and which are
distinctly set out in section 8 of the act from which the company derived its exist-
ence and its chartered rights. -
From this remarkable conclusion seven out of the fifteen members of the committee
dissented, and as the majority deemed it incompatible with their opinion of the law
as thus expressed to recommend any action, or even to enter upon an examination of
the facts in relation to the grant which had been made to this company, the under-
signed prepared a brief statement of their views, deduced from the only data at their
command, namely, the report of the Auditor of Railroad Accounts, made in response
to a resolution of the House of Representatives and published with the last annual
report of the Secretary of the Interior, ‘from which it seemed that, waiving the Gov-
ernment's rights of forfeiture thus far, the probable value of the lands which the
company had earned by construction up to the first of January last, would consider-
ably exceed the cost of the entire line for which the subsidy had been granted, and
in view of which they recommended the forfeiture of all lands remaining unearned
at that date.
After this had been done, the committee, for the better enlightenment of the minor-
ity, who had dissented from its views, caused a series of interrogatories to be pro-
pounded to the president of the company, whose answers thereto, together with cer-
tain suggestions which had not been called for, were read to the committee on the
6th and submitted to the several members in print on the 9th instant. It is to be
regretted, however, that notwithstanding this effort to procure them additional light,
the members of the minority, to say nothing of the world at large, have been fur-
nished with very little more information than they had before, while the answers
themselves exhibit discrepancies with other statements in relation to the same sub-
ject which it will be found difficult if not impossible to completely reconcile.
For example: The president of the company, in response to the inquiries proposed
by the committee, states the cost of constructing 1,2033 miles of completed road and
170 miles of finished grade at $51,019,402.99, and estimates the cost of constructing
1,206 miles yet to be built at $42,507,265.87, making $93,526,668.86 for 2,4094 miles, or
$38,815.79 per mile; while the Auditor, in the report above referred to, after having,
as he says, “made special inquiry in order to obtain the fullest information,” and,
as the undersigned understand, from data furnished by the company itself, estimates
the entire cost of 2,700 miles at about $75,000.000, or at the rate of $28,000 per mile.
After some remarks concerning the work which had already been done, he says:
“The road yet to be constructed and accepted may be stated as follows, with the
estimated cost of the same, namely:
Wisconsin division—Montreal River to Thompson Junction, 122 miles,
at $20,000 per mile --------------------------. - - - - - - - - - ------------ $3,440,000 00
Missouri Division—Missouri River to Yellowstone River, 217 miles, at
$12,000 per mile, including an iron bridge over the Missouri River
at Bismarck, the cost of which is estimated at nearly $1,000,000, o
about ----------------------------------------------------------- - 3, 500,000 00
Yellowstone, Rocky Mountain, and Clark's Ford divisions—Yellowstone
River to Lake Pend d'Oreille, 820 miles, at $30,000 per mile - - - - - - - - 24,600,000 00
Pend d'Oreille division—Lake Pend d'Oreille to Columbia River, 209.
miles, at $21,500 per mile------------------------------------------ 4,500,000 00
NORTHERN PACIFIC RAILROAD. 887
Columbia River division—Junction of Columbia and Snake Rivers to
Portland, 238 miles, at $31,500 per mile ---------------------------- $7,500,000 00
Cascade Mountain division—Junction of Columbia and Snake Rivers
to Puget Sound, 219 miles, at $30,000 per mile----------------------- 6, 570,000 00
Pacific division—Portland to Kalama, 40 miles, at $25,000 per mile---. 1,000,000 00
Total road to be constructed, 1,865 miles, at an estimated average
cost of $26,868 per mile, amounting to ... ---------...---------- 50, 110,000 00
“The entire road when completed, 2,700 miles, will have cost about seventy-five
million dollars, or at the rate of $28,000 per mile.” (Report Secretary of Interior,
Vol. II, p. 575.)
Notwithstanding that due allowance is made by the Auditor for the million-dollar
bridge over the Mississippi River, as well as for those portions of the road of more
difficult construction, it will be observed that the discrepancy between these two
estimates is $10,815 per mile, or $26,048,732 for the whole line of 2,4093 miles. Which
is nearer correct may possibly be ascertained by a little closer analysis.
In 1874 the company, in its report to the Department of the Interior, made an
itemized statement of the amounts it had expended up to that date in surveys, con-
struction, equipment, &c., in which it appears that the actual construction of 530
miles of the road then built had cost $14,446,356.54, and that the “general and
incidental expenses during construction” had been $635,454.71, making a total of
$15,081,811.25, or $28,456.24 per mile; and this, it will be remembered, was prior to
the crash which took place in the fall of 1873, when labor and material commanded
higher prices than they have since. But, deduct this $15,081,811.25 from the $51,019,-
402.99 which the president of the company reports as the total amount expended
in the construction of 1,2034 miles of completed and 170 miles of graded road, and
there will remain $35,937,591.74, from which deduct, say, $2,550,000, probable cost
of grading the 170 miles, and there will be left $33,377,591.74 as the cost of the re-
maining 6734 miles, or $49,558.41 per mile! By referring to the report it will be seen
that the total amount expended up to the completion of the first 530 miles was onl
$21,353,410, or $40,289 per mile, including $1,108,278.05 for surveys (!), $2,728,980.09
for “auxiliary and connecting rail and water lines,” $2,434.346.25 for equipment, and
$635,454.71 for “general and incidental expenses during construction,” whatever that
may mean. Yet, if the president’s estimate is correct, the simple construction of
the 673.4 miles which have been completed since has cost $9,000 more, mile for mule,
and that, too, under far more favorable circumstances so far as the prices of labor
and material are concerned. Why this should be so the company has failed to ex-
plain, and perhaps cannot explain. Assuming, however, that “the truth lies be-
tween the two extremes,” the cost would be $33,407.65 per mile—#80,585,732.75 for
the whole line of 2,4094 miles.
To aid in the construction of this road, Congress granted to the company, on certain
conditions, 57,920,000 acres of land, of which the Auditor in the report already re-
ferred to says, according to the latest estimates, 42,500,000 will be available to the
company; and the president, in his answer to the committee, remarks with seem-
ingly some surprise that “the discovery has been made during the present session of
Congress that the value of the grant, as a whole, is in the neighborhood of a hundred
millions of dollars.” -
In this, however, the president is mistaken. Whether the value of the grant was
ever considered chimerical the undersigned do not know, but the fact that it is worth
a hundred million dollars or more was discovered long ago. The Auditor reports that
the company has sold, up to June 30, 1880, 2,600,000 acres for $9,000,000, and adds:
“The value of the company’s lands vested and unvested may be reasonably esti-
mated at $2.50 per acre, so that the lands unsold are worth, say, 39,900,000 at $2.50,
$99,750,000”; which would be $108,750,000 for the whole.
That portions of this enormous grant are worthless for any purpose will not be de-
nied, and it is also admitted that its real value will be available to the company only
in the future, but, whatever attempts may be made to disparage it, the estimate of
the Auditor quoted above is probably lower than the facts would actually justify.
The company has only offered its agricultural lands for sale, withholding its coal
and timber lands until the country shall be occupied. Yet, the answers of the presi-
dent discloses the fact that 3,083,953 acres have been sold for $11,565,466.65, or at an
average price of more than $3.75 per acre, and it is not at all improbable that much
of the grant now considered worthless may prove to be extremely valuable. The
president says: “It is a matter of record that those in charge of the management
previous to 1873 had no idea that the extraordinary fertile lands in Dakota, which
now form the granary, so to speak, of the Northwest, were other than sterile plains,”
*the same will doubtless prove true of large portions of the grant yet to be devel-
oped.
Some idea of the character of the lands embraced by this grant may be gathered from
888 NORTHERN PACIFIC RAILROAD.
the following remarks, to be found in the report of Mr. A. B. Nichols, engineer, made to
the Auditor of Railroad Accounts November 1, 1880:
“From the commencement of the company’s grant at the western edge of the grant
to the Saint Paul and Duluth Railroad Company to about 40 miles west of Brainerd
the country is a succession of swamps and low uplands, interspersed with numerous
lakes. The swamps are mostly covered with a growth of tamarack, cedar, and spruce,
While on the uplands are found white pine, oak, some elm, and various other kinds of
wood usual in a forest in the Northern United States.
“From about 40 miles west of Brainerd to about 35 miles east of . the country
is prairie, with numerous lakes, patches of swamp, and occasional timber, and much
of it good for agricultural purposes. From this latter point westward to the Missouri
River stretches the great wheat region, embracing the celebrated valley of the Red
River of the North.
“This country is rapidly filling up with settlers, apparently of a good class, the
neat, well-painted farm buildings, so noticeable in this region, bearing witness thereto.
“West of the Missouri River, on the portion of road recently accepted by the Gov-
ernment and opened for use, the country is as yet almost uninhabited, and but little
of the land surveyed. This region is all open ‘plain” country, somewhat more broken
and undulating than that between the Red and Missouri Rivers, but the greater por-
tion of it is apparently good wheat land, and will, doubtless, produce good crops,
though not, perhaps, so large as in the Red River Valley. Extensive beds of lignité
are found on this portion of the road, and extend much farther west, furnishing a fuel
available for all domestic purposes. The company are now using this fuel in their
locomotives, mixed in equal quantities with other coal.
“On the Pacific division the line from Kalama to Tacoma passes through a well-
watered, timbered country, with occasional open prairies. These prairies do not ap-
pear to be very rich, but there are, doubtless, lands in the river bottoms good for
farming purposes.
“The magnificent timber embraced in the company’s grant on this coast must be-
come valuable as soon as communication is opened with the treeless district east of
the mountains. At present, as shipments are chiefly made by sea, only those lands
bordering on the sound are available.
“The large beds of cretaceous coal lying within the grant must also prove valuable.
During the late inspection, the mines at Wilkeson were visited. Owing to an im-
proper system of mining, these mines have not hitherto been successful. The coal lies
in large veins, with a dip of about 65°, with the ravine through which the stream
runs cutting across the strata, so that every natural facility is afforded for economi-
cal working. Some of the veins are said to produce good smith coal, while the coke
made from coal mined here (specimens of which were brought away) appears to be of
excellent quality. -
“On the Pend d'Oreille division, after leaving Ainsworth, the line passes through
about 24 miles of open, sandy country, and then enters a treeless, rolling region, with
soil of volcanic ash, and covered with a growth of “bunch grass.’ This continues as
far as my journey reached—is said to extend to Spokane Falls—and constitutes a por-
tion of the great wheat country of Eastern Washington Territory.”
From the foregoing it is by no means difficult to conclude that the coal and timber
lands belonging to this grant are, under the peculiar circumstances, immensely more
valuable than those adapted to agricultural purposes only; and that, where one acre
of the latter may be found to be worth less than $3.70, the price realized by the com-
pany for that already sold, several of the former will be found of many times that
value. . It is not unreasonable, therefore, to suppose that, conceding 30 per cent. of
the entire area to be worthless, the ultimate value of the remainder will be sufficient
to yield an average price of at least $3 per acre for the entire grant.
Proceeding, then, upon the hypothesis that the data upon which the Auditor of
Railroad Accounts made the report above referred to were correct, and that the en-
tire grant shall be confirmed, the result will be as follows:
Value of land grant -------------------------------------------------- $108,750,000
Cost of 2,409+ miles road, at $28,000----...-...----. . . . . . . . ... ------ - - - - 67, 466,000
Surplus-------------------------------------------------------- 41,284,000
Or, adopting the extravagant estimates submitted by the president in his response
to the committee, the figures will stand thus:
Value of land sold-------------------------------------------------- $11,565, 466 65
The residue, 39,416,047 acres, at $2.50 -------...-------------------. 98,540, 117 50
110, 105,584 15
Cost of 2,4094 miles of road----------------------------------------- 93,526,668 86
Surplus----------------------- ------------------------------- 16,578,915 29
NORTHERN PACIFIC RAILROAD. 889
Or, taking the mean between the two, the following will result:
Value of lands sold and unsold, estimated as last above ----...-------- $110, 105, 584 15
Cost of 2,409+ miles road, at $33,407.65 .... ------------------------- 80,495,732 75
Surplus----------------------------------------------------- 29, 609, 851 40
The undersigned suppose that all that could be asked of the Government in the
exercise of the most prodigal generosity would be a sufficient amount of lands to en-
able the company to construct its road without costing it a single dollar of its own
money, and as either of the foregoing hypotheses shows a surplus of many millions
more than are necessary for that purpose, it has occurred to them that it might be to
the interest of the people of the United States generally to look somewhat after that
surplus, whatever it may be.
There is a farther view to be taken of this subject, however. The undersigned
have no means of knowing precisely how much land has been earned by the company,
but estimating it at 30,000,000 acres, and appraising the portion unsold at $2.5) per
acre, which the Auditor supposes to be reasonable, and we have the following:
3,083,953 acres sold for --------------------------------------------- $11,565, 466 65
26,916,047 acres unsold, at $2.50. ----...-------...-------------. ------. 67,290, 117 50
Total.-------------------------------------------------------- 78,855, 584 15
Or $3,854,584 more than the Auditor's estimate of the entire cost of the company's
lines, subsidized and unsubsidized. But when applied to the line as constructed,
and to be constructed, namely, 2,4094 miles, the result stands as follows:
Value of lands already earned-------------------------------------- $78,855, 584 15
Cost of 2,409+ miles, at $28,000 ----...-------------------------------- 67, 466,000 00
Surplus ----------------------------------------------------- 11, 389, 584 15
Or, assuming the mean between the estimates of the Auditor and the president of
the company, and also the mean between the . price of the lands already sold
and the Auditor's estimate of $2.50 per acre, the following will be the result:
Proceeds of lands already sold.------------------------------------- $11,565, 466 65
26,919,947 acres unsold, at $3.12% ------------------------------------ 84, 100, 146 87
Total ------------ * * g º ºs as a s sº e s is a sº tº sº, sº gº º sº, º me s is e e º ºs ºr s = º se as s = * * * * * * * * 95,665,613 52
Cost 2,4094 miles road, at $33,407.65.-------------------------------- 80,495, 732 75
Surplus ------------------------------------------------------ 15, 169,880 77
Or, applying this estimate of the value of the lands earned to the estimated cost of
the entire road, as submitted by the president of the company, the figures stand thus:
Value of lands earned as above-...----------------------------------- $95,665,613 52
Estimated cost of entire road--------------------------------------- 93,526,668 86
Surplus ------------------------------------------------------ 2, 138,944 66
It is reasonable, therefore, to conclude that this company has already received, and
will receive, if only so much land as it has “earned by construction, say to January
1, 1882, shall be patented to it, an amount sufficient to pay for the construction of its
entire subsidized line, even upon the estimates furnished by its own chief officer.
But in addition to the foregoing considerations the undersigned beg leave to submit,
that when the various acts making grants of land to aid in the construction of rail-
roads were passed by Congress, it was the settled belief of those by whom the grants
were made that unless the roads were constructed within the time limited in these
acts no right to the lands would pass.
This is abundantly shown by the contemporaneous debates; and it requires judicial
legislation to establish the doctrine that affirmative action by Congress was necessary
to revest the United States with the title to the portions of the public domain thus
conditionally granted.
Legally all unpatented lands embraced in this grant belong to the United States
freed from all claims of the company, if Congress shall choose to assert that right,
and under the rule asserted by the committee in the Ontonagon and Brulé River Rail-
road case, the undersigned think such action should be taken. While the company
may assert equities, it is but one party to the controversy. The people are the other,
and their interests are certainly entitled to some consideration.
890 NORTHERN PACIFIC RAILROAD.
As the law is construed by the Department of Justice and acted upon by the De-
partment of the Interior, in which, however, the undersigned do not concur, unless
and until Congress takes some contrary action, the company is entitled to patents for
the lands conditionally granted as earned; consequently, declining or neglecting to
assert the right of forfeiture is equivalent to making a new grant. This the under-
signed are opposed to, and they believe the people are opposed to it. If the proposi-
tion were presented of making a new grant of these lands, such as is now claimed by
the company, they think it would be almost unanimously rejected by public senti-
Iment.
It may be set down as a certainty not only that this road will be completed by some
company without the aid of the lands unearned by construction, but that it will be
worth all it may cost, and there are no good reasons yet apparent why the people
should pay the cost of its construction and present the company with a colossal fort-
une besides. They will certainly profit nothing by the additional millions donated,
as experience shows that every road which has been subsidized has after completion
been operated upon the principle that freight and passengers should be taxed just
“what the traffic will bear,” and there is no reason to believe that there will be an
exception in this instance. So far as they are concerned, therefore, it is simply a
question whether the residue of this empire of territory shall be abandoned as a mere
act of grace to the company, and a precedent be set for similar action as to other
grants which are in like condition as to compliance with the conditions upon which
they were made.
Asserting the right of forfeiture is no attack npon any right of the corporation; it
is a mere incident to the contract. The lands are the property of the United States,
and the undersigned believe that sound policy, as well as the demands of the people,
require that the remainder of this vast grant unpatented to this date should be re-
stored to the public domain for occupation by actual settlers under existing laws.
In view of these considerations, the undersigned think it due alike to the House
and the country that the subject of this land grant should be fully explored and
fairly discussed, and that Congress should take such prompt and decisive action in rela-
tion thereto as will dojustice to the people as well as to the company. They therefore
ask that the accompanying joint resolution be placed upon the calendar and recom-
mend its adoption; and in view of the fact that many millions of [acres of the most
valuable lands, forfeited by non-compliance with the conditions upon which they were
granted, are liable, notwithstanding such forfeiture, to slip away from the people
forever, simply by reason of non-action and delay, the undersigned would respect-
fully urge the consideration and passage of said resolution during the present session
of Congress.
J. PROCTOR KNOTT, Kentucky.
DAVID B. CULBERSON, Texas.
R. W. TOWNSHEND, Illinois.
WAN H. MANNING, Mississippi.
JULY 11, 1882.
I have not verified the figures above, but indorse the final conclusions and recom-
mendations.
L. E. PAYSON, Illinois.
I have not sufficient time now to examine the facts connected with this matter;
but, that it may come before the House and be considered by this Congress, I concur
in wishing the resolution to be put upon the Calendar.
N. J. HAMMOND, Georgia.
JULY 21, 1882.
Resolved by the Senate and House of Representatives of the United States of America in
Congress assembled as follows, That all the lands granted to the Northern Pacific Rail-
road Company under an act of Congress entitled “An act granting lands to aid in the
construction of a railroad and telegraph line from Lake Superior to Puget Sound, on
the Pacific coast, by the northern route,” approved July 2, 1864, which had not been
patented to said company on the 1st day of July, 1882, be, and they are hereby, declared
forfeited to the United States by reason of a breach of the conditions upon which
said grant was made, and that said lands are hereby restored to the public domain
and made subject to sale and settlement under existing laws.
NORTHERN PACIFIC RAILROAD. 891
NORTHERN PACIFC RAILROAD COMPANY, TIME OF SELECTION OF IN-
DEMNITY LANDS FOR.
CIRCULAR.
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
Washington, D. C., May 22, 1883.
REGISTERS AND RECEIVERS:
GENTLEMEN: It appears that under certain decisions of this office and the Depart-
ment a practice has grown up at several district land offices of admitting pre-emption
claims or homestead entries for land in sections withdrawn for indemnity under grants
to aid in the construction of railroads to remain of record awaiting the final adjust-
ment of the grant when, if the land is not needed in satisfaction thereof, such entries
or claims may be perfected.
Under date 17th instant, the honorable Secretary of the Interior decided that he had
authority to order withdrawals of lands within the indemnity limits of the grant to
the Northern Pacific Railroad Company under the act of Congress approved July 2,
1864 (13 Stat., 365), and the joint resolution of May 31, 1870 (16 Stat., 378), and that
the withdrawals for that purpose should be maintained, at least for the present.
In view of the probability that a large proportion of the land in the indemnity
limits will be required to satisfy the several grants in which indemnity is provided,
it is evident that a continuance of the practice of allowing entries of such lands will
result in detriment rather than benefit to settlers, many of whom would find that the
lands entered by them were needed to make up the losses within the granted limits.
In such an event the settler must either purchase the land at the price fixed by the
company or lose his improvements and the benefits of his labor.
In the decision cited, the Secretary says: -
“The intention of the legislature, as manifest in these land-grant acts, must in
good faith be carried out by the land department. At the same time, the rights and
interests of settlers must be regarded, and the policy of the country in respect to
speedy settlement of the public lands not unnecessarily restricted.
“I cannot shut my eyes to the fact that vast areas of lands (public but for the
right of selection), lying within indemnity limits, are barred to settlement, and that
the area of arable lands open to settlement is not great when compared with the in-
creasing demand, and is rapidly diminishing.
“It becomes the somewhat difficult duty of your office and this Department to ad-
minister the laws relating to these grants and the public lands, and to the rights of
settlers, in such manner as to preserve, as far as possible, the rights and interests of
all parties.
A. was clearly the intention of the legislature that within the indemnity limits
fixed by the Northern Pacific acts the company should have the opportunity to take
lands, acre for acre, for all those lost in place. * * *
“The work of ascertaining what lands in place have been lost to the company ought
to go forward as rapidly as possible, and the company be enjoined to make selections
in lieu of such lost lands without delay.
“If the company neglects to make its selections, and takes advantage of the with-
drawals heretofore made, or that may be made hereafter, to withhold lands within
the indemnity limit from the operation of the settlement laws, not actually needed to
make good losses they have sustained, it will be the duty of the Department to revoke
such order of withdrawal.”
The advantage to settlers in awaiting the adjustment of the claims of the railroad
companies for indemnity, and the restoration to unconditional entry of the lands
withdrawn but not needed for that purpose, over the practice of admitting entries
and holding them to await the result of the adjustment of the grants, by which set-
tlers are kept in doubt for an indefinite period, with ultimate loss to many, is too
plain for further remark. **
The Secretary’s decision being applicable to all withdrawals for indemnity purposes
under railroad grants, you are directed to refuse applications for lands thus with-
draw..., except where the applicant alleges settlement prior to the date of receipt of
the order of withdrawal at the local office.
Very respectfully,
L. HARRISON,
Acting Commissioner.
DEPARTMENT OF THE INTERIOR,
May 26, 1883.
Approved.
H. M. TELLER,
Secretary.
892 TEXAS AND PACIFIC RAILROAD LAND GRANT.
NORTHERN PACIFIC RAILROAD COMPANY.
INDEMNITY LANDs.—WiscoxsDN AND MINNESOTA.—The indemnity lands within these States must be
selected within three months from notice to the railroad. Indemnity for the lands lost within those
States must be selected within those States.
DEPARTMENT OF INTERIOR,
Washington, D.C., July 11, 1883.
I call your attention to my letters of May 17 and 28 last, relating to the Northern
Pacific land grant, and particularly to the indemnity part of such grant.
In those letters I indicated that the indemnity lands should not be closed to settle-
ment any longer than was necessary to enable the company to make selection of lands
in lieu of those lost within the granted limits.
All lands lying within both limits in the States of Wisconsin and Minnesota are
now surveyed, and I see no reason why the company should not at once complete its
selections within those States. -
I therefore direct you to give immediate notice to said company, that all selections
must be made in those States within three months from the time you shall give such
notice; and that at the end of that time all orders of withdrawals heretofore made
of indemnity lands within those States, whether lying within the first or second
indemnity limits, will be revoked and set aside and all such lands will be restored to
fºliº domain and opened to settlement under the laws relating to the public
all CiS.
Under the authority conferred and in discharge of the duty imposed upon me by
the act, which provides that the selections shall be made under the direction of the
Secretary of the Interior, I deem it best to indicate at the outset what, in my opinion,
the practice should be in relation to selections. The amount of lands lost within
each of the States named should be made up by selections within such State, without
regard to quality, if there be sufficient within the indemnity limits for that purpose.
I do not think it was the intention of the granting act, nor do I deem it just or equi-
table to the Government or to the settlers, to permit the company to cull the lands
within such limits, leaving portions unselected because they are poor, and then select-
ing other lands farther along the line, in place of lands lost within the granted lim-
its of those States.
I am aware that, at the expiration of the time herein fixed for a completion of selec-
tions, there will remain undetermined a large number of contests involving lands in
the granted and indemnity limits, and that new contests will arise growing out of
selections and otherwise, and that by reason of such contests the company will not
be able to complete its selections within such time as to lands which it shall lose in
those contests. As these contests are, from time to time, determined, the company
should have an equal right (but not a preference right) with the settlers to select
lands within the indemnity limits in those States, although the orders of withdrawal
shall at that time have been revoked. And for lands lost in such contests not made
up by selections in that way, the company should be allowed to make selections else-
where within indemnity limits upon the line of said road.
I have thus referred to such matters as I deem it important now to be considered.
Necessarily many questions must be reserved until the final adjustment of the grant.
What is herein said will apply to the State of Wisconsin and the land grant therein,
only so far as said road is built within that State, and the grant earned.
H. M. TELLER,
Secretary of the Interior.
Hon. N. C. McFARLAND,
Commissioner General Land Office.
[House Report No. 1803, Forty-seventh Congress, first session.]
TEXAS AND PACIFIC RAILROAD LAND GRANT.
AUGUST 3, 1882.-Referred to the House Calendar and ordered to be printed.
Mr. T. B. REED, of Maine, from the Committee on the Judiciary, submitted the fol-
lowing report, to accompany H. Res. 286.
The Committee on the Judiciary, to whom was referred H. Re8. 286, submit the following
report:
The Texas and Pacific Railroad Company was incorporated under the name of the
Texas Pacific by the act of March 3, 1871. By section 1 of that act the route was
defined and described as follows:
“From a point at or near Marshall, county of Harrison, State of Texas; thence by
the most direct and eligible route, to be determined by said company, near the thirty-
TEXAS AND PACIFIC RAILROAD LAND GRANT. 893
A
second parallel of north latitude, to a point at or near El Paso ; thence by the most
direct and eligible route, to ºbe selected by said company, through New Mexico and
Arizona, to a point on the Rio Colorado at or near the southeastern boundary of the
State of California; thence by the most direct and eligible route to San Diego, Cal.,
to Ship's Channel, in the bay of San Diego, in the State of California, pursuing in the
location thereof, as near as may be, the thirty-second parallel of north latitude.”
Section 23 provides—
“That for the purpose of connecting the Texas Pacific Railroad with the city of San
Francisco, the Southern Pacific Railroad Company of California is hereby authorized
(Subject to the laws of California) to construct a line of railroad from a point at or
near Tehachapa Pass, by way of Los Angeles, to the Texas Pacific Railroad at or near
the Colorado River, with the same rights, grants, and privileges, and subject to the
same limitations, restrictions, and conditions, as were granted to said Southern Pacific
Railroad Company of California by the act of July 27, 1866.”
Section 9 provides for a land grant which, as described by the Secretary of the
Interior, Ex. Doc. 144, Forty-seventh Congress, first session, is—
“A grant of every alternate section of public laud, not mineral, designated by odd
numbers, to the amount of twenty alternate sections per mile on each side of the line
as adopted by the company through the Territories of the United States, and ten alter-
nate sections per mile on each side of the line in California. Exception is made of
lands sold, reserved, or otherwise disposed of, and lands to which a pre-emption or
ºf tead claim may have attached at the time the line of the road is definitely
X601.
“Indemnity is provided for lands thus lost to the grant out of alternate odd-num-
bered sections not more than ten miles from the limits of the sections granted. Pro-
vision is also made for indemnity for lands lost by reason of the near approach of the
line of the road to the boundary of Mexico, and also for mineral lands excluded from
the grant out of odd-numbered sections nearest the line of the road.”
The same authority estimates the quantity of land embraced in the grant at 14,309,760
àCT6:S.
The Texas and Pacific Company was required to commence the construction of its
road at San Diego and at Marshall simultaneously, and to complete it in ten years.
The act of May 2, 1872 (17 Statuest, 59), extended the time of completion to May 2,
1882, which time at the date of this report has expired.
The Secretary of the Interior further reports that—
“The length of the entire line is estimated at 1,483 miles. Proof of the construction
of 181 miles of this road in Texas has been furnished, but no evidence of construction
beyond that has reached this office.”
The committee are informed that the construction has proceeded much farther in
the State of Texas than the last figures indicate, but the exact number of miles is not
umaterial, as none of it is west of El Paso, on the Texas line.
To this should be added the fact that at the hearing before the committee it seemed
that whatever railroad had been built from San Diego eastward had been built by
another company.
This statement shows that the Texas and Pacific have never completed any part of
the route for which the land grant was made to them, and have never earned or
claimed to have earned any part of the land. It is also understood that they do not
propose to build any such road or to attempt to do it. In fact, they have agreed not
to do so, and have attempted to transfer to another company all their title to and
rights in the land grant in question. So far from intending to earn the lands, they
have renounced them. They have abandoned the undertaking so far as this part of
their route is concerned, and it is understood that they have agreed not to build, in
accordance with the charter, west of El Paso.
While the ten years which were allowed for the building of the Texas and Pacifio
were passing another corporation, the Southern Pacific, started out of San Francisco
to meet the Texas and Pacific at the Colorado River. When it reached the Colorado
it found that the Texas and Pacific had not built in the Territories, and was asking
Congress for a guarantee of the interest on its bonds, in addition to the grant, to en-
able it to go on.
The Southern Pacific thereupon began to build to El Paso, claiming that no guar-
anty was needed, and no land grant even, and without guaranty or land grant it oc-
cupied substantially the route on which the act of March, 1871, contemplated that
the Texas and Pacific would build. After the completion of the Southern Pacific to
El Paso, it entered into an agreement with the Texas and Pacific, which was not pro-
duced before the committee. It was admitted, however, that the latter company had
released its title to the land grant to the Southern Pacific, and that that corporation
was now the claimant of the lands.
If the Texas and Pacific still claimed the lands, the strongest argument which it
could have urged would have been found in the seventeenth section of the act of
March, 1871. The language of that section, while not identical with that contained
894 TEXAS AND PACIFIC RAILROAD LAND GRANT.
in the eighth and ninth sections of the charter of the Northern Pacific, nevertheless
resembles it, and under that section an argument might have been advanced that the
only right which the United States had reserved for themselves was to complete the
road. Had the facts shown that the Texas and Pacific had begun its work in good
faith, had already expended large sums of money in an effort to build the road, was
in the act of building it as rapidly as was possible, that there was no pretense that it
could be finished earlier than it was being finished, there might have arisen a very
serious question as to the power and duty of Congress in the premises. But the Texas
and Pacific, one party to the grant or contract, having made no effort to carry it out,
having renounced it, both informally and formally, both by acts and by writing, there
can be no question of the right of the United States, the other party, to resume pos-
session of the proposed grant, unless the Southern Pacific have acquired some rights
by virtue of some deed of release.
On behalf of the Southern Pacific it is urged that the words used in the ninth sec-
tion, “and assigns,” in the phrase “there is hereby granted to the said Texas and
Pacific Railroad Company, its successors and assigns, every alternate section,” &c.,
authorize the latter company to transfer the lands in question in bulk to any other per-
son who would receive it charged with the same trust; that the Southern Pacific,
having received the lands at a time when they had completed a railroad, which was
the same, or nearly the same, in location as that described in the act of March, 1871,
received the lands discharged from the trust by reason of its fulfillment. In the
opinion of the committee the words “and assigns” do not, in this case, have this
meaning. We think these words describe the nature of the estate, are words of limi-
tation, and do not constitute the grantee an agent of the United States to select
another corporation which has performed similar work and make it the beneficiary
of the grant. Nor do they constitute the grantee an agent to bestow a gratuity. It
is further claimed on behalf of the Southern Pacific that the sections—notably sec-
tion 4—authorizing consolidations give the authority needed for the transfer. Whether
these sections would, under any state of facts, confer such power need nºt now be
determined, for no facts have been laid before us which show any consolidation
whereby the Texas and Pacific has absorbed the Southern Pacific. So far as this
transaction is concerned the process would seem to have been reversed.
The consolidations contemplated by sections 4, 5, and 6 were those whereby other
companies were to become part and parcel of the Texas and Pacific. If the Southern
º had become part and parcel of the Texas and Pacific, it could not be the claim-
ant here.
It is further urged on behalf of the Southern Pacific that, inasmuch as that com-
pany have done what the United States offered to give the granted land to the Texas
and Pacific if it would do it, equity requires that the land grant should be transferred.
To this, as a request for a gratuity, no objection can be made. That would rest in
the sound judgment of Congress. But this request is put upon the ground of a claim
founded upon equity and good conscience. The reply seems simple. Congress would
never have been justified in offering the lands had it not deemed the offer necessary
to secure the road. Now that events have demonstrated its non-necessity, the reason
for offering it has entirely failed. The Southern Pacific was not induced by it to
build. It built from other motives; not at the request of the United States, nor even
for the benefit of the United States. It happened for its own purposes to build the
road the United States wanted, and prevented the company from building it which
the United States had authorized. It is difficult to see how this state of facts lays
the United States under any obligation, either in equity or good conscience.
To these considerations may be added the fact that action on the part of the United
States is necessary to enable the United States to restore this land to the public
domain. Whatever legal rights parties have can be ascertained better after an act of
forfeiture than before, and none of them will be lost.
No question of policy can arise here such as would arise if this were an enterprise
not yet completed, but in the process of completion, which such an act would inter-
rupt. Whatever road is to be built has been built.
The committee therefore recommend the passage of the accompanying resolution:
JOINT RESOLUTION to declare the forfeiture of lands granted the Texas Pacific Railroad Com-
pany under act of March third, eighteen hundred and seventy one, and acts amendatory thereof
and supplemental thereto.
Resolved, by the Senate and House of Representatives of the United States of America, in
Congress assembled, That all lands granted to the Texas Pacific Railroad Company
under the act of Congress entitled “An act to incorporate the Texas Pacific Railroad
Company and to aid in the construction of its road, and for other purposes,” approved
March third, eighteen hundred and seventy-one, and acts amendatory thereof or sup-
plemental thereto, be, and they are hereby, declared forfeited, and that the whole of
said lands be restored to the public domain and made subject to sale and settlement
under existing laws of the United States.
Nork—This resolution did not become a law.
TEXAS AND PACIFIC RAILROAD LAND GRANT. 895
Mr. J. PROCTOR KNOTT, of Kentucky, from the Committee on the Judiciary, sub-
mitted the following as the views of the minority:
While concurring in the recommendation of the committee, the undersigned are un-
willing to be committed, even by the remotest implication, to the doctrine that the
United States might be deprived of its right to enforce a forfeiture of the lands granted
to this or any other railroad company for breach of the conditions upon which such
grant was made simply because Congress may have reserved the power “to adopt
such measures as it may deem necessary and proper to secure the speedy completion
of the road” in aid of which the lands were granted, and because the company, not-
withstanding the breach, may be proceeding with its work.
The undersigned are aware that it is substantially so argued in the report of the
committee in the case of the Northern Pacific Railroad, as they are unable to perceive
any difference in the legal effect of the language upon which the conclusion was made
to hinge in that instance and that employed in the seventeenth section of the act
granting lands to the Texas Pacific Company ; but they dissented from the doctrine
then, and dissent from it now.
Nothing could be better settled or more universally conceded than that the grantor
of an estate upon conditions subsequent may, unless his right be expressly waived or
lost by his own laches, re-enter upon a breach of any condition upon which the estate
may depend, and that upon such re-entry the estate of the grantor becomes void ab
initio, the person who re-enters being seized of his original estate in the same manner
as if he had never conveyed it away; and it is equally as well settled that laches are
never to be imputed to the Government. Both of these principles were recently as-
Serted by this committee with great clearness and force in the case of the Ontonagon
and I3rulé land grant.
If, therefore, the Government, as grantor, has the right, without regard to the lapse
of time, to reinvest itself of such an estate for a breach of any of the conditions upon
which it had previously granted it, it is impossible to see how it can be deprived of
the power to do so simply because it has reserved to itself the right to do something
in addition to the exercise of the mere right of forfeiture. A question as to the policy
of insisting upon such forfeiture is one thing; the naked legal right to enforce it is
quite another.
The undersigned, therefore, cannot assent to any reasoning or intimation in the re-
port tending to establish the proposition that the right of absolute forfeiture does not
exist either in this grant or that to the Northern Pacific Railroad Company in case of
a breach of any condition upon which such grant was made.
J. PROCTOR KNOTT, Kentucky.
L. E. PAYSON, Illinois.
R. W. TOWNSHEND, Illinois.
WAN H. MANNING, Mississippi.
D. B. CULBERSON, Texas.
N. J. HAMMOND, Georgia.
[House Report No. 1284, Forty-seventh Congress, first session.]
RAILROAD LAND GRANTS TO CERTAIN STATES.
JUNE 6, 1882.—Referred to the House Calendar and ordered to be printed.
Mr. T. B. REED, of Maine, from the Committee on the Judiciary, submitted the fol-
lowing report, to accompany bill H. R. 6390.
The Committee on the Judiciary, to whom were referred 8 undry bills relating to land grants
to States in aid of railroad construction, desire to report in part :
That by act of August 11, 1856, to be found in the eleventh volume of United States
Statutes at Large, page 30, lands were granted to the State of Mississippi to be dis-
posed of by that State in aid of the construction of their railroad, one “from Jack-
son to the line between the State of Mississippi and the State of Alabama,” one from
Tuscaloosa,to the Mobile Railroad within Mississippi, and “from Brandon to the Gulf
of Mexico. -
With the first we have nothing to do, as it was not referred to us, and we are informed
that it was finished in due time. In aid of all these roads, every alternate section of
land designated by even numbers for six sections in width on each side of said roads
was granted, with a right that in case of prior disposal of any such section or part of
section by the United States to select other sections within fifteen miles. The manner
896 LAND GRANTS TO CERTAIN STATES.
in which these laws were to be made available is stated in the fourth section of the
act, which is as follows:
“SEC. 4. That the lands hereby granted to the Said State shall be disposed of by said
State only in manner following, that is to Say, that a quantity of land not exceeding
one hundred and twenty sections for each of Said roads, and included within a continu-
ous length of twenty miles of each of Said roads, may be sold; and when the governor
of said State shall certify to the Secretary of the Interior that any continuous twenty
miles of either of said roads is completed, then another like quantity of land hereby
granted, not exceeding one hundred and twenty Sections for such road, may be sold;
and so from time to time until said roads are completed; and if said roads are not
completed within ten years, no further sales shall be made, and the lands unsold shall
revert to the United States.”
No portion of either of these roads has been constructed, and no lands have been
approved to the State of Mississippi for them.
By the sixth section of the act of August 11, 1856, above described, a like grant on
like condition was made to the States through which said road should pass, “for a
railroad from Mobile to New Orleans.”
The road contemplated by this section bas never been built or begun.
The road from Brandon to the Gulf of Mexico was to be called the Gulf and Ship
Island; that from Mobile to New Orleans, “The Mobile and New Orleans”; while
that from Tuscaloosa to the Mobile Railroad seems not to have got so far as a name.
The time limited in the grant for all these roads expired August 11, 1866, sixteen
years ago.
The provision of law by which the time was limited to ten years is contained in the
fourth section recited above, and is in these words:
“And if said roads are not completed within ten years no further sales shall be made,
and the lands unsold shall revert to the United States.”
It was at first supposed by some that this language of itself of its own force stopped
the sales at the expiration of the ten years, and reinvested the United States with the
title as fully as if the grant had never been made or proposed ; but in October, 1874,
the Supreme Court, in Schulenberg v8. Harriman (21 Wall., 44), decided that an act
of Congress precisely like this, although conveying lands to another State, granted an
estate upon condition subsequent, that the title to the lands covered by the grant
passed to the State and could only be regained by the United States by some act of
legislation equivalent to a re-entry.
Under that decision it becomes necessary for the Congress to pass some act which
shall assert ownership in the lands in question if it desires to repossess them and re-
annex them to the public domain.
As they stand Inow they cannot be sold by the United States, as the United States
has only a right of re-entry, a right which cannot be sold or assigned, and can only
be made available by the original grantor, for the United States can have no heirs,
and, we trust, no successors.
If, then, we deem that the lands should be thrown open to actual settlers we must
by law say so. No Department can do it. The power rests in the Congress alone.
Inasmuch as during a period of twenty-six years no stroke of work has been done on
either road, and inasmuch as sixteen years of that period have been subsequent to
the close of the war, your committee feel that the purposes which Congress had in
view in passing the act of 1856 will not be subserved by longer keeping the property
in question separated from the public lands and inaccessible to actual purchasers and
settlers.
One of the reasons most strongly urged for the passage of the bills making these
grants was, that the United States as a precedent landholder could well afford to give
one-half its lands on the line of a proposed railroad because it could thereby not only
double the price of the remaining land but greatly expedite the sale of it.
Such has been the result where roads have been actually built, but the sole effect,
if any, of the bill in question has been to prevent the sale of lands and the settlement
of the country. Of course, a revocation of the grant does not bind Congress in the
future, nor prevent it from making new grants if it should so determine. As the law
now is, it would seem as if the only business-like way to treat this subject was to make
void this grant and enact a new one or to give this definite extension. While the case
of Schulenberg vs. Harriman decides that the lands will revert after the expiration of
the ten years, whenever the Congress chooses to so determine, and it is intimated in
the decision that the sales may go on until such determination takes place, yet, as
Congress, even if that intimation be regarded as settled, can step in at any moment
and terminate the grant, with the road lalf built, the road can have only a limited
advantage from the grant as it now stands. Capital will naturally be much less will-
ing to be invested on a grant terminated at the pleasure of Congress than on one
which has a definite time to run, and which there is a hope of earning in its entirety.
It should also be added that the claim is made that sales of land must actually cease
at the end of ten years, whether Congress passes an act equivalent to re-entry or Ilot:
LAND GRANTS TO CERTAIN STATES. 897
or if made, the title conveyed is subject to the same right of forfeiture by the act of
re-entry as if the sale had not been made. If this view should prove to be sound, and
those who favor it insist that anything to the contrary in Schulenberg v8. Harrimanis
obiter dictum, then the grants in their present state are of such small value as to no
longer justify their presence on the statute-books, even in the view of the steadiest
advocate of grants of lands to railroads.
ELYTON AND BEAVER'S BLUFF.
The act of June 3, 1856, was an act similar to the one which has just been discussed,
whereby lands were granted to the State of Alabama to aid in the construction, among
others, of a road “from Elyton to the Tennessee River, at or near Beard's Bluff, Ala-
bama.” As to this road the Secretary of the Interior reports that no map of location
has been filed and no portion of the road constructed. So far as known, no corpora-
tion or company was ever organized under this act.
The time limited in the act expired June 3, 1866. It will be seen that what has
been written hitherto applies to this road also.
ALABAMA AND CHATTANOOGA OR COOSA AND CHATTOOGA.
The history and condition of this grant is substantially this:
By act of Congress June 3, 1856 (11 Stat. at L., p. 17), there was granted to the State
of Alabama for the purpose of aiding in the construction of, among others, a railroad
from Gadsden, to connect with the Georgia and Tennessee and Tennessee line of rail-
roads through the “Chattooga, Wills, and Lookout Valleys,” the roads to be fully
completed within ten years. The lands were by the act made subject to the disposal
of the legislation of the State, and the act contained the usual provision that unless
the roads were completed within the ten years the unsold lands should revert to the
United States.
By joint resolution of the legislature of the State of Alabama, approved January 30,
1858 (acts of 1857–58, pages 130, 131), the State accepted the grants and made pro-
vision for the disposition of the same: by section 1 of the joint resolution conferred
the first grant on the Northeast and Southwest Alabama Railroad, from Elyton to
Meridian, Miss., and by section 4 conferred the grant in aid of the road to be built
through the Chattooga, Wills, and Lookout Valleys to the corporation known as the
Wills Valley Railroad Company.
Both these companies were subsequently consolidated by State authority and called
the Alabama and Chattanooga Railroad Company. In September, 1858, the usual
“map of definite location” was filed in the Interior Department, and the odd sections
of land withdrawn from market.
The records are silent as to any steps being taken toward the construction of the
road in the time limited by the act of Congress. Unofficially we are advised that work
was begun, but the completion prevented by the late civil war; but on April 10, 1869
%. Stat. #Large, page 45), an act was passed extending the time for construction to
pril 10 2. - *
Before that time had expired, as appears by a certificate of Governor Houston, dated
March 11, 1878, and filed in the Interior Department on May 15, 1878, the said roads (as
consolidated with the Alabama and Chattanooga Railroad) had been completed and
* and were operating between Meridian, Miss., and Chattanooga, Tenn.
his, in our judgment, settles all questions of fact. The State has acted on the
assumption that the lands were earned and this company entitled to its share by
passing the act of February 10, 1876 (Session Laws of 1875-'76, page 154, No. 43), to
execute the power of disposal of the lands granted by act of Congress, entitled, &c.,
approved June 3, 1856, by providing as to details of certification and lists of lands in
cases of conflicting and overlapping grounds, and that—
“Such lists should operate as a conveyance to the railroad companies respectively,
and that such lists should fully and legally west all such title to said lands in and to
said railroad companies,” &c.
So that we are of opinion that, under the law, the title to the lands embraced in
the purview of act of 1856, so far as it relates to these roads, Meridian to Chattanooga,
has passed out of the United States, and that there is no power to perfect any rights
as to such lands.
MEMPHIS AND CHARLESTON.
The State of Alabama refused to accept the grant for this road, and the lands were
restored to market February 19, 1858. Your committee deem it prudent, however, to
repeal the granting act so far as it refers to this road, and have provided for it in
this bill presented.
57 L O—WOL III
898 CERTIFICATION OF LANDS TO RAILROADS.
IRON MOUNTAIN RAILROAD–(IN ARKANSAS.)
This grant was made by act of July 4, 1866 (14 Stat., 83), and by its terms the road
should have been completed within five years from July 1, 1866, or by July, 1871.
The road was to have run from the southern boundary of Missouri, where it is inter-
sected by the Iron Mountain Railroad, to a point at or near Helena, Ark. No portion
of the road has ever been either located or constructed.
NEW ORLEANS TO THE STATE LINE.
By act of June 3, 1856 (11 Stat., page 18), a grant of alternate odd-numbered sec-
tions for six sections in width on each side of the road, with the right to make good,
within fifteen miles out of as much lands in alternate sections as would be needed,
such deficiences as might occur within the six-mile limits from previous sales and
pre-emptions, was made to the State of Louisiana, in aid of a railroad from New Or-
leans to the State line in the direction of Jackson, Miss. No part of this proposed
road has been constructed, and the lands were restored to the public domain, so far
as the Department could do it, July 27, 1857. Previous to such restoration, on the
6th of February, 1857, the governor of Louisiana advised the Land Office, by telegram,
that he did not think the grant would be accepted.
We have deemed it proper to recommend the repeal of so much of the act as prof-
fered the grant described.
It will be seen from the foregoing that the committee have adopted the rule of ad-
vising the forfeiture of such grants as have not been in any way utilized. Where,
after a long lapse of time, no attempt has been made to earn the grant, it has seemed
as if it should be withdrawn. While this rule seemed to the committee the only one
which could be adopted, they think it right to add that the State of Mississippi has
passed resolutions asking the extension of the grant in aid of the Gulf and Ship.
Island Railroad, and that representations have been made to us that parties were
ready to build the road. While no evidence has been presented to us which would
justify us in excepting the Gulf and Ship Island Railroad out of the forfeiture, yet we
understand that the question of extension or removal is now pending before the
Committee on Public Lands, to which the evidence has been submitted.
If such evidence should justify a new grant, individual members of your committee,
while agreeing to this report, reserve the right to act as the evidence may indicate.
[House Ex. Doc. No. 223, Forty-seventh Congress, first session.]
ALLEGED EXCESS IN CEIETIFICATION OF LANDS TO CERTAIN RAILROAD
- COMPANIES.
Letter from the Secretary of the Interior, in response to a resolution of the House of Repre-
sentatives relative to alleged excess in the certification of lands to certain railroad com-
panies.
July 10, 1882.—Referred to the Committee on the Judiciary and ordered to be printed.
DEPARTMENT OF THE INTERIOR,
Washington, July 10, 1882.
SIR: In answer to House resolution of the 6th ultimo, calling for facts in relation to:
lands certified to certain railroad companies in excess (according to the testimony of
Mr. J. W. Le Barnes before the Senate Committee) of the amount to which they were
legally entitled, I have the honor to transmit herewith a copy of the report of the
Commissioner of the General Land Office, of the 15th ultimo, on the subject. A copy
of his letter to me of the 7th ultimo, on the same subject, is also transmitted here-
with.
Very respectfully,
H. M. TELLER,
Secretary.
The Hon. SPEAKER OF THE HOUSE OF REPRESENTATIVES.
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
Washington, D. C., June 15, 1882.
SIR : I have the honor to acknowledge the receipt, by reference from you, of a res-
olution of the House of Representatives, passed on the 6th instant, as follows:
“Whereas it is alleged in the testimony of J. W. Le Barnes, taken before a commit-
tee of the United States Senate, that certain land-grant railroads have received cer-
CERTIFICATION OF LANDS TO RAILROADS. 899
tificates for lands in excess of the amount due them by the acts granting the lands;
Therefore, be it— -
“Resolved, That the Secretary of the Interior furnish the House all the facts in his
Department tending to show the truth or falsity of said allegations, and his recom-
mendations, if in his opinion the same are well founded, for the purpose of reinvest-
ing the title to the said lands in the United States and opening the same to homestead
and pre-emption settlement.”
In reply, I have to advise you that all the information in relation to the grants re-
ferred to in the testimony of Mr. Le Barnes that can be given without a complete
adjustment of said grants is contained in my letter addressed to you on the 7th in-
stant, in answer to an inquiry on the same subject made by Hon. L. E. Payson, a
member of the Judiciary Committee of the House of Representatives.
In the case of the Sioux City and Saint Paul Railroad Company a letter was, at the
request of your predecessor, addressed to the governor of Iowa on the 7th of March
last, asking him to indicate what action he would take with regard to surrendering
the “patents issued to the State for the Sioux City and Saint Paul Company for lands
which have not been earned by said Company”; but, as heretofore reported, no reply
has been received from said governor.
The Sioux City and Saint Paul Railroad was authorized by the act of May 12, 1864
(13 Stat., 72). The last proviso of section 4 of said act reads as follows:
“That said lands shall not in any manner be disposed of or encumbered, except as
the same are patented under the provisions of this act; and should the State fail to
complete said roadſs] within five years after the ten years aforesaid, then the said
lands undisposed of as aforesaid shall revert to the United States.”
As nearly 27 miles of said road remains uncompleted, and as the excess of lands pat-
ented were not “patented under the provisions of the act” of May 12, 1864, I am of
the opinion that judicial proceedings should be instituted for the recovery of said ex-
cess of lands. Like proceedings were recommended in my letter of April 14, 1882, as
to the excess of lands certified for the Mobile and Girard Railroad.
I return here with the copy of resolution referred to.
Very respectfully,
N. C. MCFARLAND,
Commissioner.
Hon. H. M. TELLER,
Secretary of the Interior.
A8 to methods in General Land Office of segregation of lands granted, and rules adopted?
therefor.
DEPARTMENT of THE INTERIOR, GENERAL LAND OFFICE,
- Washington, D. C., June 7, 1882.
SIR: I am in receipt, by reference from you, of a letter from Hon. L. E. Payson,.
dated the 17th ultimo, in which he says:
“Mr. Le Barnes, assistant law clerk in the Land Office, has recently stated, in testi-
fying before the Senate Committee on Public Lands, that certain land-grant railroads.
have had from the public domain lands largely in excess of the amount to which they
were entitled. The Judiciary Committee of the House have the general subject of
unearned land grants before it, and instead of moving a resolution of inquiry as to.
the matter formally, I write you this. I would be pleased to be advised as to the
facts as claimed by the officers of the Land Office as to the evidence of Mr. Le Barnes.
They are fully advised of what he has testified to I know. The information I desire
for the use of my committee, and, of course, it should be verified by reference to the
records.
I understand Mr. Payson's inquiry to refer to the following-named roads, viz:
Cedar Rapids and Missouri River (Iowa).
Sioux City and Saint Paul (Iowa).
Saint Paul and Sioux City (Minnesota).
First Division Saint Paul and Pacific (Minnesota).
Iowa Falls and Sioux City (Iowa).
Winona and Saint Peter (Minnesota).
Lake Superior and Mississippi (Minnesota).
West Wisconsin (Wisconsin). 4
Alabama and Chattanooga (Alabama).
Mobile and Girard (Alabama).
Coosa and Tennessee (Alabama).
Pensacola and Georgia (Florida).
North Louisiana and Texas (Louisiana).
Iowa Central Air Line.
In order to enable you to properly understand the figures hereinafter presented, I
deem it necessary to explain, as clearly as possible in a written communication, the
900 CERTIFICATION OF LANDS TO RAILROADS.
method followed in determining the precise tracts of land which inure to any State
for the benefit of a particular grant.
After a map of the definite location of the line of route of any land-grant road is
filed in this office, diagrams are prepared generally upon a scale of 4 miles to 1 inch,
each township being #. 14 inches square. The townships are divided into thirty-
six sections, and each section into sixteen quarter quarter-sections of 40 acres, thus
dividing each township into 576 subdivisions of 40 acres each.
The located line of route is accurately laid down upon such diagram. Where a
grant is of the alternate odd-numbered sections for six sections in width on each side
of the road, a line is drawn with mathematical accuracy on each 8ide of the line of
route in such manner that said exterior line shall be just six miles distant from any
and every point on either side of the road. If a road followed a straight line it would
be a simple matter to fix the limits of its grant.
Nearly all of the land-grant roads, however, follow irregular lines, that is, there are
more or less bends or curves in the road; therefore a system was adopted by this De-
partment and office of fixing the lateral limits of a road by making consecutive
circles (representing a diameter of six miles) along the line of road, and drawing lines
tangent to such circles in such manner that the line of lateral limits on each side
might be so adjusted as to be equidistant from every portion of the road. Where the
line of lateral limit (which is a temporary line made in pencil) so drawn embraces
the greater portion of the smallest legal subdivision (40 acres) of a section, the entire
subdivision is awarded to the road. Where the minor portion only is embraced within
such lateral line, the entire subdivision is excluded. A fixed and permanent line is
then drawn including and excluding the proper tracts accordingly. The limits
within which indemnity may be taken are fixed in the same manner. I inclose a dia-
gram, marked A, illustrating the method described. An examination of said diagram
will show that a road by this system could not, even if all the land in odd sections
within its limits were subject to its grant, receive the exact amount of six sections
(3,840 acres) per mile, but that in every instance it would receive a trifle less, the loss
ranging from one-tenth of one per cent. in ordinary cases to one per cent. in extreme
cases, the loss on a line of road similar to that on the inclosed diagram being 1.09 per
cent.
There are other causes which operate to prevent a road from getting the full num-
ber of sections per mile that may be named in a grant. Two roads, for the benefit of
which a grant is made by the same act, may intersect each other. In such case each
road receives a moiety of the land embraced in the conflicting limits. Where roads
receiving a grant under different acts intersect, the earliest grant takes the land
within such conflicting limits to the exclusion of the road for which the later grant , ,
was made. Military reservations are in all instances excepted from the operation of
a grant. Indian reservations in Minnesota are excluded by the act of March 3, 1857,
so long as the Indian title remains unextinguished. Under the additional grant of
March 3, 1865, to Minnesota, such reservations are excluded entirely. Private grants
are also excluded from railroad grants, but indemnity has been allowed in Florida in .
such cases. Where a grant is taken up for adjustment all these elements have to be
carefully considered, and the status of every 40-acre tract within the limits of a grant
determined. But few grants have yet been fully adjusted, owing to the fact that the
majority of the force .#. railroad division of this office has been engaged in the
settlement of contests arising between settlers and railroad companies. To adjust
the grants above referred to would require more than a year's labor of the entire
force available for such purpose.
In making the statement asked for, I shall therefore adopt the plan which, in my
opinion, most nearly approximates the result that would be obtained by an accurate
adjustment of each grant.
It must also be understood that none of the grants in question have been adjusted;
also, that there are mooted questions relative to the true intent of some of the grants,
and that the final decision of such questions may materially reduce the amounts
herein stated.
Where the grant is a grant of quantity “to the amount of" so many sections per
mile, no deductions are made for any cause. Each statement, however, made with
reference to a particular road, exhibits as nearly as practicable, and following the
general plan herein adopted, such amounts as would inure to the road under the pres-
ent rules of the Department and office. All the earlier grants made for the benefit of
railroads have been held to be grants in presenti; that title to the sections granted
passed by the act, and that when the definite location of a road was made the title of
the State acquired precision, and at once attached to the land. e
Congress relied in all cases upon the good faith of the State to see that the lands
were disposed of in the manner provided in each act, and that the proceeds of the
lands granted were applied for the purposes contemplated by such act. Accordingly,
in nearly all the grants made previous to 1864, immediately upon the location of the
roads and the determination of the limits of a grant, this office and the Department
CERTIFICATION OF LANDS TO RAILROADS. 901.
certified, in whole, to the States, all the vacant lands within the granted limits of
each road, and such land within the indemnity limits as was required to make the
full complement of the grant for the number of miles of located road, generally with-
out any deductions for reservations, conflicting limits, or other causes. It was there-
fore left to each State to fulfill the conditions imposed by a grant, and to so fulfill
them as to avoid the penalty of forfeiture, and in making sales or disposals of the
lands granted to save her vendees from being the recipients of invalid titles.
In all the grants hereinafter referred to, except that for the Sioux City and Saint
Paul, and Saint Paul, Lake Superior and Mississippi Railroads, the States were per-
mitted to sell one hundred and twenty sections of land, 76,800 acres, to be sevected
anywhere on the line within a continuous twenty miles in advance of the construction
of any portion of a road named in the granting act. The validity of such a sale was
affirmed by the United States Supreme Court in the case of Railroad Land Company
vs. Courtright, October term, 1874 (21 Wallace, 310). It will therefore be observed
that, generally, where roads lack twenty miles or more of completion, the excess of
acres certified over the amount earned by construction may properly and legally be
76,800 acres, or 120 sections of land, and that this excess may be taken from lands
anywhere along the located line within a continuous twenty miles.
METHOD OF ADJUSTMENT OF º TO ROADS EMBRACED IN THE IN-
Y.
The grant to the State of Iowa for the benefit of the Cedar Rapids and Missouri
River Railroad is made by the act of May 15, 1856 (11 Stat., p. 9), and the act of June
2, 1864 (13 Stat., p. 95). This grant is peculiar in some respects, and therefore needs
explanation.
The first act provides for a road “from Lyons City northwesterly to a point of in-
tersection with the main line of the Iowa Central Air Line Railroad, near Maquoketa;
thence on said main line, running as near as practicable to the forty-second parallel,
across the said state to the Missouri River,” and grants therefor every alternate sec-
tion of land designated by odd numbers for six sections in width on each side of said
road. The usual indemnity provision is made for lands within the granted limits
that were sold, or to which the right of pre-emption had attached prior to the definite
,, . location of the road.
Lands reserved to the United States by any act of Congress, or in any other man-
ner by competent authority, for the purpose of aiding in any object of internal im-
provement, or for any purpose whatsoever, are excluded from the operation of the act
- except that right of way is granted through such reservations, subject to the approval
_ of the President of the United States.
On July 14, 1856, the State accepted the grant and conferred it upon the Iowa Cen-
tral Air Line Railroad Company. Said road was finally and definitely located from
the Mississippi to the Missouri River on September 12, 1856, and on October 31, 1856,
the map of definite location was filed in this office. Said road was 346% miles in length,
which (miles), multiplied by 3,840 (the acres per mile granted), would give the total
grant as 1,331,520 acres, subject to deductions for curves, reservations, and other causes
above referred to.
(NOTE.-The entire loss by curves in the 346% miles would be about 1,950 acres, or
less º wºn. of one per cent., as shown on the diagram by which the grant is
adiusted. * -
}. Iowa Central Air Line Railroad Company did a large amount of grading on the
located line, principally between Lyons and Maquoketa, but they never constructed
any portion of said line.
Up to March 17, 1860, there were 665,687.34 acres of land lying along various por-
tions of the road certified to the State for the benefit of the Iowa Central Air Line
Railroad Company. Of this amount the State conveyed to said company 63,106 acres,
a part of the first one hundred and twenty sections authorized by the act of 1856 to be
sold in advance of construction. This land was situate west of Cedar Rapids. The
company sold this land and the sale was affirmed by the decision of the United States
Supreme Court in the Courtright case hereinbefore referred to. The legislature of
Iowa, by act of March 17, 1860, resumed control of the land embraced in the grant,
and by act of March 26, 1860, granted the same to the Cedar Rapids and Missouri
River Railroad Company upon certain conditions. Prior to this date the Chicago,
Iowa and Nebraska Company had built a road commencing at Clinton, on the Missis-
sippi River, only 2.41 miles from Lyons City, to Cedar Rapids.
When the State made the grant to the Cedar Rapids and Missouri River Railroad
Company, this fact was recognized, and the State provided that the lands were to be
>
902 CERTIFICATION OF LANDS TO RAILROADS.
lised for and devoted by the Cedar Rapids and Missouri River Railroad Company to
the building of a road from Cedar Rapids or Marion to the Missouri River.
This is all the State did, conceding it had the power to divert thg lands, so to speak,
to the construction of a railroad upon a different route from that mentioned in the act.
(NOTE.--Such right is affirmed in effect by the United States Supreme Court in the
case of Baker vs. Gee, December term, 1863, 1 Wall., 333.)
It has uniformly been considered by this office that by the act of June 2, 1864, here-
inafter quoted in part, Congress assented to the disposition made by the State of the
1ands along the line of the original route; in other words, that the lands along the
346% miles of the original line were to be used for the construction of a modified line
“or road 72.74 miles shorter, thus making the grant equal to about 4,860 acres per mile
for constructed road. Previous to June 2, 1864, and after March 26, 1860, the Cedar
Rapids and Missouri River Railroad Company constructed 70 miles of road between
“Cedar Rapids and Marshalltown, and during that time 109,756.85 acres were approved
to the State under the act of May 15, 1856.
(NOTE.-The United States Supreme Court, December term, 1866, in the case of Wol-
-coºt v8. Des Moines Navigation and Railroad Company, decided that all of said
109,756.85 acres inured to the Des Moines improvement grant by act of August 8, 1846.)
By the fourth section of the act of June 2, 1864, it was provided—
“That the Cedar Rapids and Missouri River Railroad Company, a corporation estab-
lished under the laws of the State of Iowa, and to which the State granted a portion
of the landmentioned in the title to this act, may modify or change the uncompleted
portion of its line, as shown by the map thereof now on file in the General Land Office
of the United States, so as to secure a better and more expeditious line to the Mis-
souri River, and to a connection with the Iowa branch of the Union Pacific Railroad;
and for the purpose of facilitating the more immediate construction of a line of rail-
roads across the State of Iowa, to connect with the Iowa branch of the Union Pacific
Railroad Company, aforesaid, the said Cedar Rapids and Missouri River Railroad
Company is hereby authorized to connect its line by a branch with the line of the
Mississippi and Missouri Railroad Company, and the said Cedar Rapids and Missouri
River Railroad Company shall be entitled for such modified line to the same lands and
to the same amount of lands per mile, and for such connecting branch to the same
amount of land per mile, as originally granted to aid in the construction of its main
line, subject to the conditions and forfeitures mentioned in the original grant, and, for
the said purpose, right of way through the public lands of the United States is hereby
granted to said company.”
The said section of the act also required the company to file in this office a map of
the modified main line and connecting line as soon as located. Said section also directs
the Secretary of the Interior to reserve and cause to be certified and conveyed to the
company from time to time as the work progressed, out of any public lands not sold,
reserved, or otherwise disposed of, or to which a pre-emption right, or right of home-
stead settlement, has not attached, and on which a bona fide settlement and improve-
ment has not been made under color of title derived from the United States, or the
State of Iowa, within 15 miles of the original main line—
“An amount of land equal to that originally authorized to be granted to aid in the
construction of the said road by the act to which this is an amendment. And if the
amount of lands per mile granted, or intended to be granted, by the original act to
aid in the construction of said railroad shall not be found within the limits of the
15 miles therein prescribed, then selections may be made along said modified line and
eonnecting branch within 20 miles thereof.”
It also provides for a branch line from the main line to Onawa City, with the same
grant of lands to be selected from the unappropriated lands anywhere within 20 miles
of the main line and branch; also for a branch from the town of Lyons, in Iowa, “to
connect with the main line in or west of the town of Clinton in said State,” and directs
the Secretary of the Interior to reserve a quantity of land “sufficient, in the opinion
of the governor of Iowa, to secure the construction” of such branch.
(NOTE.-One hundred and twenty sections of land were reserved for this purpose.)
As before stated, it has always been understood by this office that the Cedar Rapids
and Missouri River Railroad Company was the successor of the Iowa Central Railroad
Company, and as such entitled to all the lands, rights, and privileges of the former
company, and the lands certified by this office to the State of Iowa for the latter
company are regarded as inuring to the former company. The lands were certified
to the State (prior to June 2, 1864), subject to her disposal; and while the Cedar Ra-
pids and Missouri River Railroad Company did not build any road (except the Lyons
branch, 2.41 miles) east of Cedar Rapids, it has received the benefit of all the lands
certified to the State under the act of 1856, except 172,862.85 acres hereinbefore re-
ferred to, viz, 63,106 × 109,756.85.
The lands withdrawn on the line of the original route are still reserved for the
benefit of the grant, and the lands within 6 miles of said line are, and have always
been, held at double minimum price.
CERTIFICATION OF LANDS TO RAILROADS. 903
It will be noticed the act of June 2, 1864, makes the grant to a corporation and not
to the State direct except upon failure of the corporation to construct the road as
provided in section 8 of the act. Whether or not the acts of 1856 and 1864 have been
properly construqd by this office, is not a question necessary to be determined in this
report.
The total length of the main line and branch from Cedar Rapids to the Missouri
River is 271.6 miles, and of the Lyons branch 2.41 miles, making 274.1 miles of road
built in compliance with the act of 1864.
A branch road, 6 miles in length, was built by the Cedar Rapids and Missouri
River Railroad Company, from Missouri Valley Junction, to connect with the Sioux
§ . Pacific, running through Onawa; but no grant was claimed by the company
€refor.
Giving the company six sections, or 3,840 acres per mile for the original line of 346;
miles, we find the grant to be inround numbers 1,331,520 acres. The line of constructed
road, however, runs through the limits of the Des Moines improvement grant made
by act of July 12, 1862, but the lands within 5 miles on each side of said river were
at the date of the grant for the Iowa Central Air Line (May 15, 1856) reserved for the
benefit of the Des Moines improvement grant by act of August 8, 1846. Whether the
latter grant (of August 8, 1846) extended above the Raccoon Fork, and whether the
reservation was properly made, has been the subject of almost endless correspondence
and litigation. It has not been determined whether the act of 1864 gives the Cedar
Tapids Company indemnity for the lands lost by said reservation.
There are 49,520 acres in the conflicting limits of the Cedar Rapids road and the Des
Moines improvement grant. If no indemnity is allowed for said 49,520 acres, the grant
would be 1,331,520–49,520, or 1,282,000 acres.
The State of Iowa is charged on the records of this office with 1,032,363.28 acres
certified under the acts of May 15, 1856, and June 2, 1864, for the benefit of the road
in question.
This would show an apparent deficiency of 249,636.72 acres required to satisfy the
grant, and, if indemnity is allowed for said 49,520 acres, an apparent deficiency of
‘299,156.72 acres. -
Either of said deficiencies would be slightly reduced by an accurate adjustment of
the grant by limits as shown on the diagram of lands embraced within the grant.
There are no losses to this road by conflicting limits of grants to other roads.
If the former rule of the office is changed, and no grant is allowed east of Cedar
Fapids, and no indemnity for lands in limits of Des Moines improvement grant, the
State has received 38,939.28 acres more than she would be entitled to under such a
construction of the granting act.
SIOUX CITY AND SAINT PAUL RAILROAD,
By act of Congress approved May 12, 1864 (13 Stat., 72), a grant was made to the
‘State of Iowa for the construction of a railroad from Sioux City in said State to the south
line of Minnesota of every alternate section of land, designated by odd numbers, for
ten sections in width on each side of said road, and provision was made for indem-
inity for lands lost within the granted limits to be taken within ten additional miles.
The lands were to be patented only as the road was constructed, at the rate of 100
sections of land for each section of road 10 miles in length, and if the road was not
completed within 10 years from the date of the acceptance of the grant by the com-
pany, the lands granted and not patented should revert to the State for the purpose
of securing the completion of the road. It was further provided that if the road
was not completed by the State in 15 years from the date of said acceptance, the
lands undisposed of should revert to the United States.
On April 3, 1866, the State accepted the grant and conferred it upon the Sioux City
i. Saint Paul Railroad Company, and said company accepted the grant September 20,
1866.
The line located by said company was 83 miles and 52 rods in length, and a diagram
of withdrawal was prepared accordingly, and the lands withdrawn August 26, 1867.
‘Only 56+ miles of the road, have been constructed. The area of the grant for such
length of road, at 10 sections or 6,400 acres per mile, is—without deductions for any
cause—360,000 acres. There have been patented to the State of Iowa, for the benefit
of said road, the following amounts of land:
Acres.
October 16, 1872-------------------------------------------------------- 191,464.04
June 17, 1873----------------------------------------------------------- 205, 374.76
January 25, 1875 --------------. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e = * * * * 10,911. 41.
June 4, 1877 ----------------------------------------------------------- 160.00
sºmeº ammº
Total ------------------------------------------------------------ 407,910, 21
904 CERTIFICATION OF LANDS TO RAILROADS.
... The excess, therefore, of lands patented to the State for this road over the amount
it was possible for the company to have earned under the most favorable circum-
stances, without deductions, by the construction of 56+ miles of road is 47,910.21 acres.
It is clear that this amount was erroneously patented to the State, as reported to you by
my letter of January 12, 1882. It is understood, however, though unofficially, that
some 85,000 acres of the amount of lands so patented have been withheld from the
company by the State.
On the 7th of March last, at the request of your predecessor, I addressed a letter to:
the governor of Iowa asking him to indicate what action he would take with regard
to surrendering the “patents issued to the State for the Sioux City and Saint Paul
Company for lands which have not been earned by said company.” No reply from
the governor has yet been received.
The granted limits of the McGregor Western Railroad conflict with the granted.
limits of the Sioux City and Saint Paul Railroad, so that the actual area of the grant
would be about 35,500 acres less than 360,000 acres, or 324,500 acres, thus making the
probable excess patented to the State 83,410.21 acres, which is very nearly equal to
the amount (85,000 acres) of lands withheld by the State from the company. It will
be observed that the patents issued to the State in this case for all the land except
11,071.41 acres were issued prior to June 18, 1873, nearly nine years ago, and that the
last patent was issued June 4, 1877, or five years ago. By the act of March 3, 1857,
a grant was made to the then Territory of Minnesota for the construction of a railroad
now known as the-
SAINT PAUL AND SIOUx CITY RAILROAD,
running from Saint Paul and Saint Anthony to the southern boundary of the Terri-
tory in the direction of the mouth of the Big Sioux River. The grant was of every
alternate section of land, designated by odd numbers, for six sections in width on each
side of the road. Indemnity is also provided, to be taken within 15 miles of the line
of road, of “so much land, in alternate sections or parts of sections, as shall be equal
to such lands as the United States have sold, or otherwise appropriated, or to which
the rights of pre-emption have attached” prior to date of definite location.
By act of May 12, 1864, the grant for this road is increased—
“Four additional alternate sections of land per mile, to be selected upon the same
conditions, restrictions, and limitations as are contained in the act [of March 3, 1857,
and providing that the land to be so located by virtue of the act1 may be selected
.* twenty miles of the line of said road, but in no case at a greater distance there-
OIL!.
Said company located 1994 miles of road upon which withdrawals were made under
the provisions of the grant.
The area of the grant, without deductions, at the rate of ten sections, or 6,400 acres,
per mile, for 1994 miles of located road would be 1,275,200 acres. The amount pat-
ented or certified is 1,146,738.56 acres, leaving a deficiency of 128,461.44 acres.
From this amount there will have to be deducted, when ascertained, the proper pro-
portion of a large amount of lands lying within the six-mile conflicting limits of this
road and other roads provided for by the act of March 3, 1857; also lands included
within the limits of the former Winnebago Indian Reservation.
THE FIRST DIVISION OF SAINT PAUL AND PACIFIC RAILROAD
was authorized by the act of March 3, 1857, above referred to, with the same grant of
lands, six sections per mile, and indemnity for lands sold, &c., to be selected within
15 miles on either side of the line of road.
The grant was afterwards, by act of March 3, 1865, increased to ten sections per
mile, with indemnity to be taken within twenty miles of the line of road. Said com-
pany have constructed 230.80 miles in accordance with the provisions of the grant,
however; the line as located and upon which withdrawals were made is but 227+
miles in length.
The area of the grant, without deductions, at the rate of ten sections, or 6,400 acres,
per mile, for 227+ miles, would be 1,454,400 acres. Less for 10 miles constructed prior
to March 3, 1865, and only entitled to six sections per mile, 25,600 acres, leaving the
area of the grant 1,428,800 acres; amount certified or patented to date, 1,251,046.14
acres; deficiency, 177,753.86 acres.
From this amount there will have to be deducted, when ascertained, the proper
proportion of such amount of lands as lie within the conflicting limits of this road
and other roads authorized by the act of March 3, 1857.
It is probable that an accurate adjustment of the grant will show a deficiency of
lands required to satisfy the grant.
CERTIFICATION OF LANDS TO RAILROADS. 905.
THE IOWA FALLS AND SIOUX CITY RAILROAD
was authorized by the act of May 15, 1856, which provided for a road from Dubuque,
Iowa, to a point on the Missouri River near Sioux City, granting to the State of Iowa
for that purpose every alternate section of land, designated by odd numbers, for six
sections in width on each side of the line of road, with indemnity to be taken within
15 miles on each side of said line.
Lands reserved to the United States by any act of Congress, or in any other manner
by competent authority, were excepted from the operation of the act.
The line of road as located is 327.53, but as constructed is 326.58 miles.
The area of the grant at six sections, or 3,840 acres, per mile, would be, without
deductions, 1,254,067.20 acres; from this should be deducted the lands in limits of
grant to the Des Moines improvement, amounting to 59,590.49 acres; area of grant,
1,194,476.71 acres; amount of lands certified or patented under the grant and properly
charged to the road, 1,155,956.54 acres; deficiency, 38,520.17 acres.
This amount will not be decreased by the conflicting limits of any other road. The
limits of the Sioux City and Saint Paul Railroad conflict with the limits of this road
(Iowa Falls and Sioux City), but as the Sioux City and Saint Paul grant is a later
#. gºy 12, 1864), it does not affect the grant for the Iowa Falls and Sioux City
all I'Oa,Cl.
THE WINONA AND SAINT PETER RAILROAD
was authorized, and a grant made to the then Territory of Minnesota for the same,
by the act of March 3, 1857, and the grant was extended by the act of March 3, 1865,
hereinbefore referred to. The two grants aggregated ten sections per mile, with
indemnity to be taken within 20 miles from either side of the line of road. Reserva-
tions are excepted from the operation of the grant.
The º constructed 323.56 miles, but the line as located and upon which lands.
were withdrawn is 3193 miles in length.
The area of the grant, without deductions, at ten sections, or 6,400 acres, per mile,
for 3194 miles, would be 2,043,200 acres. Less for 50 miles constructed prior to act of
March 3, 1865, and only entitled to six sections per mile, 128,000 acres; area of grant,
1,915,200 acres; amount certified or patented, 1,668,787.90 acres; deficiency, 246,412.10.
3.CI’68.
From this amount there will be deducted, upon an accurate adjustment of the grant,
a large amount of land in the conflicting limits of other roads authorized by the act
of March 3, 1857; also land within the Winnebago and Sioux Indian Reservations.
The statements as to area of grant for the last four roads above named, to wit, Saint
Paul and Sioux City, First Division Saint Paul and Pacific, Iowa Falls and Sioux City,
and Winona and Saint Peter, differ materially from estimates made by this office in
1865, and published in the annual report for that year and for several years thereafter,
which estimates attempted to show the “quantities inuring under the grants,” after
necessary deductions for conflicting limits, &c., were made.
THE LAKE SUPERIOR AND MISSISSIPPI RAILROAD
was authorized by the act of May 5, 1864, which granted to the State of Minnesota,.
for the purpose of aiding in the construction of a railroad in said State from the city
of Saint Paul to the head of Lake Superior—“every alternate section of land desig-
nated by odd numbers, to the amount of five alternate sections per mile on each side.
of the said railroad on the line thereof, within the State of Minnesota; but in case it
shall appear that the United States have, when the line or route of said road is defi-
nitely fixed, sold, appropriated, reserved, or otherwise disposed of any sections or any
part thereof, granted as aforesaid, or that the right of pre-emption or homestead
settlement has attached to the same,” indemnity was provided therefor, to be taken
within 20 miles on either side of the line of road. By the act of July 13, 1866, it was
rovided— g
prº That in case it shall appear, when the line of the Lake Superior and Mississippi
Railroad is definitely located, that the quantity of land intended to be granted by the
said act in aid of the construction of the said road shall be deficient by reason of the
line thereof running near the boundary line of the said State of Minnesota, the said
company shall be entitled to take from other public lands of the United States
within 30 miles of the west line of said road such an amount as shall make up such.
deficiency: Provided, That the same shall be taken in alternate odd sections, as pro-
vided for in said act [May 5, 1864].”
This grant appears to be a grant of absolute quantity without deductions for any
cause, if the amount can be found within said 30 miles. The company constructed.
154.42 miles, which would entitle them, at the rate of ten sections, or 6,400 acres, per
mile, to 988,288 acres. Amount patented or certified, 860,564.09 acres; deficiency,
127,723.91 acres.
'906 CERTIFICATION OF LANDS TO RAILROADS.
THE WEST WISCONSIN RAILROAD
was authorized by the act of June 3, 1856, and a grant made to the State of Wisconsin
therefor of six sections per mile, with indemnity to be taken within 15 miles of the
line of road.
This grant was subsequently, by act of May 5, 1864, increased to ten sections per
mile, from Tomah to Saint Croix River, with indemnity to be taken within 20 miles
on either side of the line of road. The company constructed 244 miles of road—100
miles from Madison to Tomah is entitled to only six sections per mile, or 384,000 acres;
144 miles from Tomah to Saint Croix is entitled to ten sections per mile, or 921,600 acres;
or, without deduction, a total of 1,305,600 acres; amount patented or certified, 824,866
acres; deficiency, 462,734 acres.
This amount would be largely reduced by deducting the amount of lands in the
conflicting limits of this and other roads.
It is not probable, however, that said deductions will exceed 462,734 acres.
THE ALABAMA AND CHATTANOOGA RAILROAD
was authorized by that portion of the act of June 3, 1856, making a grant to the
State of Alabama for the construction of certain railroads, which provides for a road
from Gadsden to connect with the Georgia and Tennessee and Tennessee line of rail-
roads through Chattooga, Wills, and Lookout Valleys; and also for a road “from
mear Gadsden to some point on the Alabama and Mississippi State line, in the direction
to the Mobile and Ohio Railroad.”
Said roads were consolidated under the name of the Alabama and Chattanooga
Failroad, and 246 miles of road have been constructed in accordance with the grant-
ing act.
The grant was “every alternate section of land designated by odd numbers for six
sections in width on each side of said roads,” and the usual provision was made in the
act for indemnity to be taken within 15 miles on either side of the line of road.
The area of the grant, without deductions, would be, for 246 miles, 944,640 acres;
amount patented or certified, 558,253.04 acres; total, 386,386.96 acres. One list, ag-
gregating 43,717.38 acres, has been approved to the State for the joint benefit of this
road and others with which it conflicts. If it is all awarded to the Alabama and
Chattanooga Railroad, the deficiency in the grant will be 342,669.58 acres.
This amount will be somewhat reduced by the conflicting limits of other roads in
Alabama, provided for in the act of June 3, 1856; however, it is not probable that the
ant for this road can be fully satisfied, as the quantity of vacant land within the
imits of the road is inconsiderable. I do not understand Mr. Le Barnes to claim that
there has been any excess certified for the last three roads named.
THE MOBILE AND GIRARD RAILROAD
was authorized by the sixth section of the act of June 3, 1856, above referred to. The
rant for said road was “every alternate section of land designated by odd numbers
or six sections in width on each side” of the road. Indemnity is provided for “such
lands as the United States have sold, or otherwise appropriated, or to which the rights
of pre-emption have attached” prior to the date of definite location of the road, such
indemnity to be taken within 15 miles on either side of the line of road. Said act
provided “that a quantity of land, not exceeding 120 sections” (76,800 acres), “and
included within 20 continuous miles of" said road, might be sold in advance of the
construction of any portion of the road, and that the remainder of the lands should
be sold only as the road progressed, at the rate of 120 sections for each 20 miles com-
pleted, and only then after the governor of the State should certify to the Secretary
of the Interior that such a section was completed.
A map of definite location of the road from Girard to Blakely, on the Mobile Bay,
a distance of 223.6 miles, was filed in this office June 1, 1858.
Following the rule hereinbefore referred to, which obtained at the date the grant
was made, nearly all the vacant lands within the granted limits of the road, and such
lands within the indemnity limits as were required to make as nearly as possible the
full complement of the grant for the number of miles of located road, were approved
or certified to the State. Between April 26, 1860, and January 3, 1861 (inclusive),
there were 504,145.86 acres approved to the State for the benefit of the road. Of the
ãand so certified, 208,767 acres were within the granted limits and 295,377 acres within
*indemnity limits, as reported to you by my letter of April 14, 1882, relative to this
' 'O3,OH,
There is no evidence on file in this office or in the Department of the construction of
any portion of this road, yet it is known unofficially that a railroad has been con
-structed and is in operation from Girard to Troy, a distance of 84 miles. It has been
*
CERTIFICATION OF LANDS TO RAILROADS. 907
held by this office that if this portion of the road was constructed in time, the com-
pany would be entitled to 322,560 acres of land. The total amount of land certified
to the State for said road and lying between the terminal points (Girard and Troy) of
the constructed road was, as reported to you in said letter of April-14, 1882, 21,723.31
acres. Of this amount 10,928.88 acres was in the granted limits and 10,796.84 in the
indemnity limits of the road.
Under the rules of this office which were in force July 30, 1858, and for many years
thereafter, where there were no vacant lands for indemnity near the lands lost in
place, the indemnity land selections could be advanced to the terminus of the road,
If, therefore, the 84 miles were constructed in time, the certification to the State of
indemnity, 295,377 acres, and of granted lands, 10,928.88 acres, or a total of 306,305.88
acres, would be strictly within the rules of the office, as such amount would be less
than the full grant for 84 miles of road.
If to this amount we add the 120 sections or 76,800 acres which the State could sell
in advance of construction, we find that 383,105.88 acres would be the extent of the
disposals that could properly be made under the granting act, even if 84 miles of road
had been properly constructed in compliance with the terms of the act.
It does not appear, however, that any portion of the land certified to the State for
the benefit of this road had been sold or used for the purpose of the road at the date
of the expiration of time allowed for construction, neither does it appear that any por-
tion of the land had been certified over to the railroad company at that period. In
view of the fact that there were but 21,723.31 acres of public land lying opposite the
84 miles of road referred to, included in the lists certified to the State, and the further
fact that no official report whatever of the construction of any portion of the road was
on file, or had been filed in this office, I recommended to you in my letter of April 14,
1882, that judicial proceedings should be instituted for the recovery of 482,422.65 acres,
the difference between 21,723.31 acres and the total amount certified.
COOSA AND TENNESSEE RAILROAD.
This road was authorized by the same act (June 3, 1856) as provided for the Mobile
and Girard Railroad. The grant and conditions thereof were the same. A map of
definite location showing 363 miles was filed in this office January 18, 1859.
No portion of the road has ever been constructed. Under the provisions of the act
67,784.96 acres were approved to the State for the benefit of the road. Whether the
State took advantage of the provision of the act allowing them to sell 120 sections of
land (76,800 acres) for the benefit of the road before the construction of any portion
thereof, is not known to this office.
TEIE PENSACOLA AND GEORGIA RAILROAD
was authorized by the act of May 17, 1856, making a grant to the State of Florida for
the construction of railroads almost identical in its provisions with that of the grant
of June 3, 1856, to Alabama. The grant provided for a road “from Saint John's River,
at Jacksonville, to the waters of Escambia Bay, at or near Pensacola.”
The Pensacola and Georgia Railroad Company was organized to construct that por-
tion of the road running from Lake City to Pensacola, and the grant for that portion
of the road conferred upon them by the State. Said company located 307 miles of road
prior to May 30, 1858. No evidence of the construction of any portion of this road has
been filed in this office, but the road is believed to be constructed and in operation
from Lake City to Chattahoochee River, a distance of about 150 miles. If said 150
miles were constructed within the proper period, the amount the State could properly
dispose of would be 652,800 acres, including the 76,800 acres that could be sold in
advance of construction.
Prior to October 30, 1860, under the rules then existing, 1,275,579.52 acres were ap
proved to the State for the benefit of the road “from Saint John's River, at Jackson-
ville, to the waters of Escambia Bay, at or near Pensacola.” If said amount was sold
for the benefit of, or transferred to, said road, the amount disposed of would exceed
by 622,779.52 acres the amount that could be legally disposed of upon the construction
of 150 miles of road.
This office has no information as to the disposition of the lands made by Florida. It
is possible that some portion of the land was sold for the benefit of the company
(Florida, Atlantic and Gulf Central) which constructed, or is believed to have, under
the said grant, the road from Jacksonville to Lake City, 59 miles, the grant for which
* lºss acres (counting the full quantity of 3,840 acres per mile) of being
satisfied.
º
908 PROPOSED LAw To FoRFEIT LAND GRANTS To RAILROADs.
THE NORTH LOUISLANA AND TEXAS RAILROAD.
The grant to Louisiana for this road was made by the act of June 3, 1856, being
similar in nearly all respects to the grants made to Alabama and Florida above re-
ferred to. Ninety-four miles have been constructed and officially reported by the com-
pany in accordance with the provisions of the granting act.
#. amount of lands earned by the construction of 94 miles would be 360,960 acres;
amount that could be legally disposed of in excess of lands earned, 76,800 acres; total,
437,760 acres. Amount patented or certified, 353,212.68 acres; difference, 84,547.32
acres. In fact, less lands were certified than were earned by the construction of 94
miles of road.
THE IOWA CENTRAL AIR LINE RAILROAD.
The grant for this road is fully explained in the beginning of this communication in
connection with the Cedar Rapids and Missouri River Railroad grant, the latter com-
pany having received the benefit of, and been charged with, all the lands certified for
the Iowa Central Air Line Company.
The foregoing statements must in the main be received as explanatory and approx-
imate, as I cannot undertake now to pass upon many questions that have arisen, and
that may hereafter arise, in an accurate adjustment of these several railroad grants.
It appears from the records of this office that at the commencement of the execution
of the laws relating to land grants, no proper books of account were opened and no
careful basis prepared upon which to proceed with the administration of the law. My
more immediate predecessors, whetherwisely or unwisely it is not for me to judge, pre-
ferred to carry on the current work of the office rather than enter upon such adjust-
ment. I am informed, and believe, that the force allowed by Congress was inadequate
for both. Nor is it adequate now for me to enter upon such work of adjustment with-
out neglecting the current business of the division, which would be very injurious to
parties interested.
Very respectfully,
N. C. McFARLAND,
Commissioner.
Hon. H. M. Tº LLER,
Secretary of the Interior.
PROPOSED LEGISLATION TO FORFEIT RAILROAD LAND GRANTS IN CER-
TAIN CASES.
"Senate Report No. 906, Forty-seventh Congress, second session.]
IN THE SENATE OF THE UNITED STATES.–Reported and read twice.
JANUARY 2, 1883.-Ordered to be printed.
Mr. GARLAND, from the Committee on the Judiciary, submitted the following report,
to accompany bill S. 2301:
The Committee on the Judiciary have for some time had under consideration vari-
ous memorials asking for the forfeiture of certain railroad land grants, with several
bills and resolntions on the same subject. The resolutions and bills differ as to the
way and manner of securing forfeitures; some asking for a direct declaration by Con-
gress, others seeking to invest the Secretary of the Interior with the power to make
such declarations.
Upon full consideratien of all these propositions, in connection with the various
grants to be reached in this way, the committee found great difficulty in devising any
one plan that would be effectual. The grants themselves are different and do not by
any means, in all cases, carry the same meaning as to the relative rights and duties
of the companies and the government.
The committee is unwilling to confide this vast power of declaring forfeitures to
any one officer of the Government. In its essential elements it is a judicial proceed-
ing; and while it is within the power of Congress in certain cases to make this decla-
ration, it is deemed best for the security and protection of all concerned that some
means of a judicial character should be devised to accomplish this end.
In Farnsworth vs. Minnesota and Pacific Railroad Company, 92 U. S. Reps. (2 Otto),
66, the Supreme Court say:
“A forfeiture by the State of an interest in lands and connected franchises, granted
for the construction of a public work, may be declared for non-compliance with the
conditions annexed to their grant, or to their possession, when the forfeiture is pro-
PROPOSED LAw To FoEFEIT LAND GRANTs To RAILROADS. 909
vided by statute, without judicial proceedings to ascertain and determine the failure
of the grantee to perform the conditions.” -
This decision was preceded by the cases of Schulenberg v8. Harriman (21 Wall.,44),
and United States vs. Repentigny (5 Wall., 211), to the same effect. These decisions,
of course, are limited, and that carefully, to the language of the grants discussed,
which provide clearly for the exercise of such power, and do not, as they could not,
embrace cases in which the grants were upon different conditions. Without under-
taking to decide whether in all grants of land by the United States to railroads Con-
gress can declare this forfeiture, the committee considered it best to adopt some meas-
ure that would avoid this question, and place the parties in attitude towards each
other that would insure to each fair dealing and justice as far as can be done.
They propose to direct the Attorney-General to institute proper judicial proceedings
against any railroad companies that he may have reason to believe are in default as
to the conditions of their grants, to bring about a forfeiture, and secure the rights
of the Government to the lands, This proceeding, in the nature of an information,
will bring the supposed defaulting company into court, to be heard in defense against
a forfeiture; and the court can enter such a judgment or decree as in its opinion will
secure to the Government not merely in declaring a forfeiture, if need be, but in de-
Claring resumption of the lands granted. Appeal to be allowed as in other cases in
the courts.
This proceeding, however, is not to interfere in any manner with any right of the
executive under his authority to enforce and execute the laws to take possession and
dispose of any such lands, without these proceedings where he could have done so if
no act as contemplated by the committee had passed.
While the committee had no doubt at all that some steps should be taken to declare
forfeitures in many of these cases, yet they were of opinion that in all cases where
reasonable and proper º: and exertions had been used by any of these com-
panies, they should have the benefit of the same in any proceedings against them;
and accordingly the committee were of opinion it would be just to allow the com-
panies to show in defense that for one year previous to the passsage of the act any
substantial progress in good faith in the building of the roads, limiting this period
to the first day of December, 1882. The substantial progress is to be considered and
passed upon by the Attorney-General first before instituting proceedings, and then,
if pleaded in defense of the proceedings instituted, the court is to pass upon it.
Of course it is a difficult matter to determine what is substantial progress, and no
general rule touching it can be laid down. Therefore, the committee would leave it
general in this way, to be determined upon in each particular case. Some provision
of this kind is necessary, as certainly the grants were made with a view of securing
the building and completion of the roads; and when efforts looking earnestly to that
end are being made, the Government would not desire forfeitures of the grants. And
this is in no sense a waiver by the Government of any condition or requirement im-
posed upon any corporation; and when this progress is not shown to exist, it is made
the imperative duty of the Attorney-General to proceed against the companies.
It is believed by the committee such a law will enable the Government to get rid of
all these grants of lands to railroads that are not being used for legitimate purposes,
or are misused, or in which no efforts are being made to build the proposed roads;
and at the same time to have carried out all these grants in which the companies in
good faith are trying to finish their roads. In other words, while such a law would
be protective of the rights of the Government it would not be oppressive to corpora-
tions that are working and dealing fairly with the liberality of the Government in
trying to secure the objects of those grants.
And to this end they have agreed on the bill herewith proposed, and recommend
its passage.
A BILL providing for the forfeiture of railroad grants in certain cases.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That in all cases where grants of lands by Congress have been
made to aid in internal improvements, and said lands have not been patented by the
United States to the grantee, where the grantee was a corporation, or where the lands
were granted to the State, and said lands lave not been disposed of by the State,
and said grants have become subject to forfeiture or resumption by the United States
for any cause whatever, it shall be the duty of the Attorney-General to cause suit or
suits to be brought in the name of the United States in the proper courts having
jurisdiction, to obtain judgments declaring the forfeiture or right of resumption by
the United States of such lands, as the case may be, which suit or suits shall be sub-
ject to trial or hearing like other suits, with right to writ of error or appeal by either
party, as in other cases. This section shall not be construed so as to prevent the
executive authority of the United States from taking possession and disposing of any
such lands without judicial proceedings in any case in which it could lawfully do so
'if this act had not been passed.

910 TELEGRAPH LINES ALONG LAND-GRANT RAILROADs.
SEC. 2. That the provisions of the first section of this act shall not apply to the case
of any railroad (except as mentioned in section three of this act) in which, within
one year preceding the passage of this act, any substantial progress in building the
same has been accomplished in good faith, and shall be continued in the manner
hereinafter mentioned, or in which, before the first day of December, eighteen hun-
dred and eighty-two, there shall have been made any substantial progress in the
building thereof, and which progress shall be continued in good faith, as hereinafter
mentioned. The foregoing provisions of this section, limiting the application of sec-
tion one of this act, shall cease, determine, and be of no effect in the case of every
railroad affected thereby the building of which shall not be in good faith continued
after said first day of December, eighteen hundred and eighty-two, to the number of
miles in each year required by the act or acts granting such lands, or act or acts
amendatory thereof, and in the manner so required, until such railroad shall be
entirely completed.
SEC. 3. That nothing in this act shall be construed to be a waiver of any condition
or requirement imposed upon any corporation or in respect of any such grant by the
act or acts granting lands to or in aid of it or amendatory thereof.
SEC. 4. That in every case in which any corporation, or its lawful successor, being
lawfully entitled so to do, shall not do the acts mentioned in section two of this act,
it shall be the imperative duty of the Attorney-General of the United States to pro-
ceed against it as provided in section one of this act.
NOTE.—This bill was reported and read twice, and did not become a law.
[House Ex. Doc. No. 100, Forty-seventh Congress, second session.]
TELEGRAPH LINES ALONG LAND-GRANT RAILROADS.
Letter from the Secretary of the Interior, in response to a resolution of the House of Repre-
8entatives in relation to telegraph lines along the lines of land-grant railroads.
FEBRUARY 27, 1883.-Referred to the Committee #:* Post-Office and Post-Roads and ordered to be
prin & -
DEPARTMENT OF THE INTERIOR,
Washington, February 27, 1883.
SIR: In answer to House resolution of the 12th ultimo, calling for information
concerning telegraph lines along the lines of railroads subsidized by bonds or lands,
I have the honor to transmit here with copy of report on the subject by Commissioner
of Railroads under date of yesterday.
Very respectfully,
H. M. TELLER,
- Secretary.
The Hon. SPEAKER OF THE House of REPRESENTATIVES.
DEPARTMENT OF THE INTERIOR,
OFFICE OF COMMISSIONER OF RAILROADS,
Washington, February 26, 1883.
SIR: I have the honor to return the resolution of the House of Representatives,
dated January 12, 1883, referred by you to this office, with the following answer:
In my report for 1882, page 202, a list is given of all the telegraph companies which
Have filed their acceptance of the provisions of the act of July 24, 1866, up to June 30,
1882, comprising fifty-five companies.
No returns are made to this office which would enable me to give specific answer
to the very general inquiry it proposes. I have endeavored, however, to procure
such information by special inquiry of the railroads as I was informed by the author
of the resolution would be sufficient.
Replies have been received from the Union Pacific, Central Pacific, Southern Pacific,
and Northern Pacific, the last of which was not received until this morning.
The president of the Union Pacific Railway Company answers:
“I have the honor to state, in answer to the first resolution, that this company has
complied with the laws of Congress º the construction, operation, and main-
tenance of telegraph lines for the use of the Government and the public.
“In answer to the second resolution, I have the honor to state that this company
has not undertaken to lease or assign its telegraph facilities or property, so far as re-
lates to the transmission of commercial messages for the Government and the public.”
The vice-president of the Central Pacific Railroad Company has sent certified copies

VALUE OF LANDS AND COST OF PACIFIC RAILROADS. 911
of existing contracts between this road and those controlled by it, and the Western.
Union Telegraph Company, and writes me that—
“The Central Pacific Railroad Company, throughout the entire extent of its main
line and branches so aided by bonds or by lands, has complied with the laws of Con-
#. respecting the construction, operation, and maintenance of their own telegraph
ines for the use of the Government and the public, and that no contracts have been
made by that company with any telegraph company by which it has undertaken to
lease or assign any of its telegraph facilities or property.”
The agent and attorney of the Southern Pacific Railroad Company writes me that:
it has fully complied with the laws of Congress respecting the construction, operation,
and maintenance of its own telegraph lines for the use of the Government and the pub-
lic, and that it has not leased or assigned any of its telegraph facilities or property.
I am this morning in receipt of a communication from the president of the Northern
Pacific Railroad Company, stating that—
“This company has complied and is complying with the laws of Congress respecting
the construction, operation, and maintenance of its telegraph lines for the use of the
Government and the public; and that it has neither leased nor assigned, nor under-
taken to lease or assign, its telegraph facilities nor property, so far as relates to the
transmission of commercial messages for the Government or the public, or otherwise.”
The company entered into contraet with the Northwestern Telegraph Company and
the Western Union Telegraph Company, under date of May 1, 1880, by which these
telegraph companies were to construct the telegraph lines of the Sorthern Pacific
Company thereafter to be constructed, in manner and of quality and description, in
all respects as required by the act of Congress, the Northern Pacific Company to pay
a stipulated price for said construction and to terminate the contract fifteen years.
from its date.
“This company, in the mean time, is in no way hindered or debarred from perform-
ing any or all telegraph service on its lines, by itself or by any capable agent or
agents it may employ.” -
I know of no further information in this office bearing upon the matters inquired.
of in the resolution. -
Very respectfully, -
WM. H. ARMSTRONG,
Commissioner.
Hon. H. M. TELLER, -
Secretary of the Interior.
LAND GRANTS TO RAILROADS.
(Inserted as containing much general information. The estimates and figures of the General Land"
Office, heretofore given in this chapter, are standard, and are used in adjusting land grants.)
[House Mis. Doc. No. 10, Forty-sixth Congress, third session.] -
Letter from the Auditor of Railroad Accounts (to Hon. Robert M. McLane, of the House of
Representatives), relative to land grants made by the United States to aid in the construction.
of the Pacific Railroads.
FEBRUARY 7, 1881.-Ordered to be printed.
DEPARTMENT OF THE INTERIOR,
OFFICE OF AUDITOR OF RAILROAD ACCOUNTS,
Washington, D. C., February 3, 1881.
SIR: I have the honor to transmit here with a report prepared in this office, in com-
pliance with your request of June 18, 1880, indorsed on a draft of a resolution which.
the Committee on Pacific Railroads authorized you to report to the House at its last
session, but which, in the press of other business, was not reached before adjourn-
ment.
As the design of the resolution proposed was to ascertain, as accurately as possible,
all facts connected with the land grants made by the United States to aid in the con-
struction of the Pacific Railroads, special inquiry has been made in order to obtain
the fullest information.
The report has been shaped so as to take up separately each one of the four great
transcontinental routes or railroads located on the forty-seventh, fortieth, thirty-fifth,
and thirty-second parallels of north latitude, giving details as to each main and branch,
line, with a general recapitulation showing the whole result.
Very respectfull
ry Y; THEO'S FRENCH,
- Auditor.
Hon. ROBERT M. McLANE,
Chairman Committee on Pacific Railroads,
House of Representatives.
912 VALUE OF LANDS AND cost of PACIFIC RAILROADs.
JREPORT ON THE QUANTITY AND VALUE OF PUBLIO LANDS GRANTED BY CONGRESS
To AID IN THE 00NSTRUCTION OF THE PA OIFIO, RAILROADS.
DEPARTMENT OF THE INTERIOR,
OFFICE of AUDITOR OF RAILROAD ACCOUNTs,
Washington, D. C., January 26, 1881.
† The proposed resolution in regard to the matters embraced in this report is as fol-
TOWS :
“Resolved, &c., That the Committee on the Pacific Railroads, by subcommittee, be
authorized to sit during the recess for the purpose of ascertaining the quantity and
value of the public lands heretofore granted by Congress to aid in the construction of
the Pacific Railroads which have not vested in said roads by the terms of the several
laws granting such lands, and the quantity and value of the said lands which have
vested in said roads, how the same have been disposed of, at what price, and also how
the proceeds of the same have been disposed of; also, the cost, in detail, of the con-
struction of completed road and the estimated cost, in detail, of the construction of
road necessary to be built in order to complete the said railroads in accordance with
the requirements of law; also, to ascertain the cost, or estimated cost, of construction
of any and all railroads built or proposed to be built parallel or adjacent to the said
railroads, whether or not the same are located on the line or lands reserved by any of
the said granting acts of Congress; with authority to employ a clerk during that time,
to obtain the assistance of the Auditor of Railroad Accounts, and to send for persons
and papers or examine the same at the principal offices of said railroads, and all ex-
penses necessarily incurred in the execution of this resolution shall be paid out of the
contingent fund of the House.”
For the purpose of this report the Pacific railroads have been classified as follows,
WIZ -
1. Northern, or route on forty-seventh parallel of latitude.
2. Union Central, or route on fortieth parallel of latitude.
3. New Mexico Southern, or route on thirty-fifth parallel of latitude.
4. Texas Southern, or route on thirty-second parallel of latitude.
The first or northern line is known as Northern Pacific, and extends from the Mon-
treal River, in Wisconsin, to Puget's Sound, Washington Territory. Branch roads
are intended to be built to Portland, Oreg., and to other points as may be deemed
advisable. The main line and the branch to Portland only have land grants.
The second or Union Central line embraces the roads heretofore known as Union
Pacific, Central Pacific, Kansas Pacific, Central Branch Union Pacific, and Sioux City
and Pacific, all of which are subsidized with bonds as well as lands. It also em-
braces in its system the Denver Pacific, and the Burlington and Missouri River Rail-
road in Nebraska, which are subsidized with lands only.
The third or New Mexico Southern line extends from Missouri and Arkansas through
. Indian Territory to California and the Pacific Ocean, and has a subsidy of lands
•ODUIW, -
†e fourth or Texas Southern line extends from Louisiana through Texas to con-
nect with the Southern Pacific at Yuma, on the Colorado River, thus obtaining a
through line to San Francisco, Cal. This line has a subsidy of lands only.
NORTHERN, OR ROUTE ON FORTY-SEVENTH PARALLEL.
The Northern Pacific Railroad Company.—This company was chartered by an act of
Congress approved July 2, 1864, entitled “An act granting lands to aid in the con-
struction of a railroad and telegraph line from Lake Superior to Puget's Sound, on
the Pacific Coast, by the northern route” (13 Stat., 365). (Report of Auditor of Rail-
road Accounts, 1880, p. 152.)
Section, 1 designates the route as follows, viz.: “Beginning at a point on Lake
Superior, in the State of Minnesota or Wisconsin; thence westerly by the most eligible
railroad route, as shall be determined by said company, within the territory of the
TJnited States, on a line north of the forty-fifth degree of latitude, to some point on
Puget's Sound, with a branch, via the valley of the Columbia River to a point at or
near Portland, in the State of Oregon, leaving the main trunk line at the most suit-
able place not more than three hundred miles from its western terminus.”
Section 2 grants to the company the right of way through the public lands to the
extent of “two hundred feet in width on each side of said railroad, including all
necessary ground for station buildings, workshops, depots, machine-shops, switches,
side tracks, turn-tables, and water stations.”
Section 3 grants to the company “every alternate section of public land, not min-
-eral, designated by odd numbers, to the amount of twenty alternate sections per mile
on each side of said railroad line, as said company may adopt, through the Territories
t
VALUE OF LANDS AND COST OF PACIFIC RAILROADS. 913
of the United States, and ten alternate sections of land per mile on each side of said
railroad whenever it passes through any State, and whenever on the line thereof the
United States have full title, not reserved, sold, granted, or otherwise appropriated,
and free from pre-emption, or other claims or rights, at the time the line of Said rail-
road is definitely fixed, and a plat thereof filed in the office of the Commissioner of
the General Land Office.”
Section 6 enacts “that the President of the United States shall cause the lands to
be surveyed for forty miles in width on both sides of the entire line of said road, after
the general route shall be fixed, and as fast as may be required by the construction of
said railroad; and the oddsections of land hereby granted shall not be liable to sale, or
entry, or pre-emption before or after they are surveyed, except by said company, as
provided in this act; but the provisions of the act of September, eighteen hundred
and forty-one, granting pre-emption rights, and the acts amendatory thereof, and of
the act entitled ‘An act to secure homesteads to actual settlers on the public domain,”
approved May twenty, eighteen hundred and sixty-two, shall be, and the same are
hereby, extended to all other lands on the line of said road, when surveyed, except-
ing those hereby granted to said company. And the reserved alternate sections shall
not be sold by the Government at a price less than two dollars and fifty cents per
acre when offered for sale.”
Sections 8 and 9 give the conditions attached to the grant as follows, viz.: “That
each and every grant, right, and privilege herein are so made and given to, and
accepted by, said Northern Pacific Railroad Company upon and subject to the follow-
ing conditions, namely: That the said company shall commence the work on said road
within two years from the approval of this act by the President, and shall complete
not less than fifty miles per year after the second year, and shall construct, equip,
furnish, and complete the whole road by the fourth day of July, anno Domini eighteen
hundred and seventy-six; ” and “That the United States make the several conditioned
grants herein, and that the said Northern Pacific Railroad Company accept the same,
upon the further condition that if the said company make any breach of the condi-
tions hereof, and allow the same to continue for upwards of one year, then in such case,
at any time hereafter, the United States, by its Congress, may do any and all acts and
things which may be needful and necessary to insure a speedy completion of the said
road.”
Section 10 enacts that “no mortgage or construction bonds shall ever be issued by
said company on said road, or mortgage, or lien made in any way, except by the con-
sent of the Congress of the United States.”
Section 20 enacts “That the better to accomplish the object of this act, namely, to
promote the public interest and welfare by the construction of said railroad and
telegraph line, and keeping the same in working order, and to secure to the Govern-
ment at all times (but particularly in time of war) the use and benefits of the same
for postal, military, and other purposes, Congress may at any time, having due re-
gard for the rights of said Northern Pacific Railroad Company, add to, alter, amend,
or repeal this act.” -
The joint resolution approved May 7, 1866 (14 Stat., 355), extended the time for
commencing and completing the railroad for the term of two years. (See Report of
Auditor of Railroad Accounts for 1880, page 159.)
The joint resolution approved July 1, 1868 (15 Stat., 255), amended section 8 of
the original act so as to read as follows: “That each and every grant, right, and
privilege herein are so made and given to and accepted by said Northern Pacific Rail-
road Company upon and subject to the following conditions, namely: That the said
company shall commence the work on said road within two years from and after the
second day of July, eighteen hundred and sixty-eight, and shall complete not less
than one hundred miles per year after the second year thereafter, and shall construct,
equip, furnish, and complete the whole road by the fourth day of July, anno Domini
eighteen hundred and seventy-seven.” (Auditor's Report for 1880, page 159.)
By the joint resolution approved March 1, 1869 (15 Stat., 346), Congress gave its con-
sent for the company “to issue its bonds and to secure the same by mortgage upon its
railroad and its telegraph line, for the purpose of raising funds with which to construct
said railroad and telegraph line between Lake Superior and Puget Sound, and also
upon # * to a point at or near Portland, Oregon.” (Auditor's Report for 1880,
age 100.
p The joint resolution of April 10, 1869 (16 Stat., 57), authorized the construction of
a branch from a point near Portland to Puget Sound (the line from Kalama to Tacoma,
constructed and in operation).
By resolution of May 31, 1870 (16 Stat., 378), Congress authorized the company “to
issue its bonds to aid in the construction and equipment of its road, and to secure the
same by mortgage on its property and rights of property of all kinds and descriptions,
real, personal, and mixed, including its franchise as a corporation ”; also, to Con-
struct its main line via the valley of the Columbia River, with a branch across the
58 L O—WOL III
914 VALUE OF LANDS AND coST OF PACIFIC RAILROADS.
Cascade Mountains to Puget Sound; and increased the indemnity limits to sixty miles
on each side of the road. -
Section 2 of this resolution provides “that Congress may at any time alter or amend
this joint resolution, having due regard to the rights of said company, and any other
parties.” (Auditor's Report for 1880, page 161.)
Under the authority of this resolution the company, on July 1, 1870, issued its
thirty-year bonds bearing interest at the rate of 7.3 per cent. per annum, and secured
the same by a mortgage, in accordance with the resolution, of an amount of about
$30,000,000. On the 16th of April, 1875, the company having previously defaulted
upon its interest, in proceedings of foreclosure, the United States circuit court for the
southern district of New York appointed a receiver. By a decree of that court the
property and franchises were sold at auction, August 12, 1875, and were purchased by
a committee of bondholders, the sale being confirmed by the court August 25, 1875.
The company was reorganized September 30, 1875, upon a plan by which the holders
of the bonds of the company were reimbursed for the principal and interest up to and
including July 1, 1878, in preferred stock at par, which it was proposed to issue to
the amount of $51,000,000. This preferred stock is entitled to 8 per cent. dividends
before any dividends are paid on the common stock, and is receivable at par for lands
belonging to the company east of the Missouri River. Common stock was issued to
the holders of the stock of the old company, share for share, and $49,000,000 of the
common stock have been issued, the plan of reorganization being given in the annual
report of the company for 1876 (page 43).
In 1879 the company placed first mortgages upon the Missouri and Pend d'Oreille
divisions of its road, and to June 30, 1880, had issued nearly $4,000,000 of the bonds
secured thereby. On January 1, 1881, the company executed a general first mortgage
on all its railroads, lands, property, and franchises to secure an issue of bonds to the
amount of $25,000 per mile of the main and branch lines, payable in forty years, and
bearing interest at the rate of 6 per cent. per annum. This last mortgage provides for
taking up, retiring, and canceling the bonds issued on the Missouri and Pend d'Oreille
-divisions; it is also provided in the mortgage that all moneys derived from the sales
of lands are applicable to the payment of the interest and principal of the bonds; a
sinking fund is also created, beginning July 1, 1886, by which 1 per cent. per annum
is required to be paid to the trustee in equal semi-annual installments.
From the reports of the General Land Office the rights of the Northern Pacific Rail-
road Company attached to their grant as follows, viz: By map of general route
through Minnesota and part of Washington Territory, August 13, 1870; through Da-
kota, Montana, Idaho, and a part of Washington Territory, February 21, 1872; of a
branch line in Washington Territory, August 15, 1873; from Thomson to Moorhead,
Minn., November 21, 1871; from Moorhead, Minn., to Bismarck, Dak., May 26, 1873;
*from Kalama to Tenino, Wash., September 13, 1873; from Tenino to Tacoma, Wash.;
JMay 14, 1874.
The construction of the Northern Pacific Railroad was begun July 1, 1870, and be-
tween that date and March 1, 1874, a period of three years and nině months, 530 miles
of subsidized road had been completed and put in operation. To November, 1, 1880,
680 miles have been completed and put in operation, in addition to 220 miles of other
road in operation, and about 100 miles of new road not quite finished; in all, 1,000
miles. The following table shows the acceptance of the several sections of subsidized
railroad of this company:


* : Examined by |Accepted b
C
ºft From— To– Miles. 19 :..." commission- the #.
2. § ©TS, dent.
1 | Thomson, Minn..... Red River.--------. 228 Oct. 1, 1872 Dec. 10, 1872 Jan. 6, 1873
2 l Kalama------------. Tenino, Wash ...... 65 July 15, 1873 Aug. 16, 1873 Sept.10, 1873
3 | Fargo--------------- Bismarck, Dak..... 106.4 || Oct. 1, 1873 || Nov. 24, 1873 || Dec. 1, 1873
4 Tenino ------------- Tacoma, Wash ..... 40.1 Mar. 1, 1874 Mar. 5, 1874 May 12, 1874
5 | Missouri River ..... One Andredth mile- 100 July 1, 1880 July 26, 1880 |Aug. 16, 1880
post.
6 || One hundredth mile- One hundred and 50 Nov. 1, 1880 | Nov. 20, 1880 | Dec. 20, 1880
post. fiftieth mile-post -
West.
Total ----------|---------------------- 679, 5
VALUE OF LANDS AND COST OF PACIFIC RAILROADS. 915
The length of road and extent of land-grant for the whole line included in the
charter act and amendments may be stated approximately as follows, viz:

e Acres per
State or Territory. Mººr ; Of º
e I'08:01. º
Wisconsin.--------------------------------------------------------- 110 12,800 1,408,000
Minnesota.---------------------------------------------------------- 265 12,800 3,392,000
Pakota ------------------------------------------------------------- 450 25, 600 11, 520,000
Montana ----------------- ------------------------------------------ 800 25, 600 20,480,000
Idaho. ----------------------------------- $ sº s ºn º ºs º º sº ºn tº º ºs º º is ſº - º º º ſº me as s sº 75 25, 600 1, 920, 000
Washington-------------------------------------------------------- 750 25,600 | 19, 200,000
Totals-------------------------------------------------------- 2,450 *23,640 57,920, 000
*Average.
The latest estimate of lands which the company may obtain is as follows, viz:
Miles. | Acres.
Minnesota and Dakota divisions-------------------------------------------------- 426 5, 500,000
Missouri division----------------------------------------------------------------- 217 4, 600, 000
Yellowstone division ------------------------------------------------------------- 340 7,400,000
Rocky Mountain division. -------------------------------------------------------- 198 4,000,000
Clark's Fork division ------------------------------------------------------------- 282 5, 800,000
Pend d'Oreille division-----------------------------------------------------------. 209 3, 600,000
Main line to Tacoma across Cascade Mountains.-----------------------...--...--. 250 4,800,000
Branch from Pend d'Oreille division to Kalama---------...---------...----------. 250 4,000,000
Pacific division------------------------------------------------------------------- 145 2,300,000
Totals ---------------------------------------------------------------------- 2, 317 || 42,000,000
Estimated for Wisconsin division -----------------------------...------- • - - - - - - - - - - 112 500,000
To June 30, 1880, there had been patented to the company 746,509 acres. The com-
pany has earned by construction about 15,000,000 acres of land to November 1, 1880,
and sold to June 30, 1880, 2,600,000 acres for $9,000,000. The price of the company's
agricultural lands is $2.50 per acre; coal and timber lands being reserved from sale
until the country is occupied. The lands not yet earned by the company are about
27,000,000 acres, situated chiefly in Montana, Idaho, and Washington Territories.
The value of the company’s lands, vested and unvested, may be reasonably esti-
mated at $2.50 per acre, so that the lands unsold are worth, say (39,900,000 acres at
$2.50), $99,750,000. For a description of some of these lands reference is made to page
82 of the last Annual Report of the Auditor of Railroad Accounts.
In 1874 the company in its report to this Department gave the cost of the road and
fixtures to June 30, 1874, as $21,353,416.11, and to that time had constructed 530 miles
Of . being an average cost of $40,289 per mile. The expenditure by items is
as follows:
Surveys------------------------------------------------------------- $1,108,278 52
Construction, including docks and wharves.-------------------------. 14,446,356 54
Auxiliary and connecting rail and water lines.----------------------. 2,728,980 09
Equipment --------------------------------------------------- • - - - - - 2,434,346 25
General and incidental expenses during construction - - - - - - - - - - - - - - - - - 635,454 71
Total.--------------------------------------------------------- 21,353,416 11
In addition to these 530 miles, the company has constructed a branch line in Wash-
ington Territory, from Tacoma to Wilkeson, 32 miles in length.
The road yet to be constructed and accepted may be stated as follows, with the
estimated cost of the same, viz:
Wisconsin division—Montreal River to Thomson Junction—122 miles, at
$20,000 per mile.----. . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $2,440,000
Missouri division—Missouri River to Yellowstone River—217 miles, at
$12,000 per mile, including an iron bridge over the Missouri River, at
Bismarck, the cost of which is estimated at nearly $100,000, or about 3,500,000
Yellowstone, Rocky Mountain, and Clark’s Fork divisions—Yellowstone
River to Lake Pend d'Oreille—820 miles, at $30,000 per mile......... ... 24,600,000
916 VALUE OF LANDS AND COST OF PACIFIC RAILROADS.
Pend d'Oreille division—Lake Pend d'Oreille to Columbia River—209 miles,
at $21,500 per mile --------------------------------------------------- $4,500,000
Columbia River division—junction of Columbia and Snake Rivers to Port-
land–238 miles, at $31,500 per mile----------------------------------- 7,500,000
Cascade Mountain division—junction of Columbia and Snake Rivers to
Puget Sound—219 miles, at $30,000 per mile---------------------------- 6,570,000
Pacific division—Portland to Kalama–40 miles, at $25,000 per mile------ 1,000,000
Total road to be constructed, 1,865 miles, at an estimated average
cost of 26,868 per mile, amounting to --------------------------- 50,110,000
The entire road, when completed—2,700 miles—will have cost about $75,000,000, or
at the rate of $28,000 per mile.
The conditions as to all government service on this road are found in section 11 of
the charter act, among which one is that the road is “subject to such regulations as
Congress may impose, restricting the charges for such government transportation.”
THE UNION-CENTRAL LINE OR ROUTE.
This line, being composed of a main and branch lines having different owners,
will be treated separately, and in the following order: (1) Union Pacific Railroad
Company, (2) Kansas Pacific Railway Company, and (3) Denver Pacific Railway and
Telegraph Company, composing the (4) Union Pacific Railway Company (consoli-
dated); (5) Central Pacific Railroad Company, (6) Western Pacific Railroad Com-
pany, and (7) California and Oregon Railroad Company, composing the (8) Central
Pacific Railroad Company; (9) Central Branch Union Pacific Railroad Company;
(10) Sioux City and Pacific Railroad Company; (11) Burlington and Missouri River
Railroad Company in Nebraska.
The Union Pacific Railroad Company.—This company, chartered by acts of Congress
approved July 1, 1862 (12 Stat., 489), and July 2, 1864 (13 Stat., 356), received from
the United States a grant of public lands, to aid in the construction of its railroad
and telegraph line, amounting to 20 sections, or 12,800 acres, per mile of road.
The length of road subsidized is 1,038.68 miles, extending from the Missouri River,
near Omaha, Nebr., to a point 5 miles west of the crossing of the Utah Central Rail-
road in Ogden, Utah. If none of the land had been previously disposed of by the
TJnited States, the total grant would have been 13,295,104 acres. The quantity
which the company will obtain is estimated by the General Land Office to be about
12,000,000 acres; but the estimate of the land commissioner of the company places it
at 11,200,000 acres.
The location of the lands may be generally stated as follows, namely: 4,800,000
acres in Nebraska, 4,600,000 acres in Wyoming, 700,000 acres in Colorado, and 1,100,000
acres in Utah; of which it may be said that 3,500,000 acres are agricultural lands,
4,000,000 acres are grazing lands, and 3,700,000 acres desert or waste.
About 2,000,000 acres of the agricultural lands remained unsold December 31, 1879,
worth, at an average price of $3.50 per acre, $7,000,000, and about 4,000,000 acres of
the grazing lands, worth, at $1.25 per acre, $5,000,000; in all, worth $12,000,000;
without estimating anything for the 3,700,000 acres of desert lands. To June 30,
1880, 1,859,475 acres of land had been patented to the company. To December 31,
1879, the company had sold nearly 2,000,000 acres, as follows:

Average
TVear. Acres. price per | Amount.
3.C.T0.
1869 ---------------------------------------------------------- 128, 825, 28 $4. 555 || $586, 808. 29
1870 ---------------------------------------------------------- 164,058.62 4.385 719,758 14
1871 ---------------------------------------------------------- 206, 605.97 3. 855 795, 557 53
1872 ---------------------------------------------------------- 172, 108.67 4. 39 755, 430 94
1873 ---------------------------------------------------------- 177,093. 50 5. 55 983, 030 33
1874---------------------------------------------------------- 235,749. 14 4.66 | 1,099,467 21
1875 ---------------------------------------------------------. 111,965. 55 3. 66 409,916 10
1876 ---------------------------------------------------------. 128,696.21 3.02 389,773 46
1877 ---------------------------------------------------------- 69,015. 87 4. 98 343,768 02
1878 ------------ --------------------------------------------. 318,903.47 4.88 1, 557,082 32
1879 ---------------------------------------------------------- 243,337.31 4.141 | 1, 007, 855 63
Total, 11 years ----------------------------------------- 1, 956,349.59 4.42 8, 648,447 97
From these salesforfeited and canceled contracts must be deducted, which leaves the
net sales to the same date 1,568,438 acres, amounting to the sum of $6,916,811.58,
being an average price of $4.41 per acre. ty
VALUE OF LANDS AND COST OF PACIFIC RAILROADS. 917
The lands are sold in small tracts, averaging about 100 acres to each purchaser, so
that there have been 15,000 to 16,000 purchasers. Some sales are made for cash, but
the large majority of the sales have been on time, deferred payments drawing interest
at the rate of 6 per cent. per annum.
The gross proceeds of sales, interest, forfeitures, &c., to December 31, 1879, have
been $8,173,846.83, of which amount $4,412,033.88 has been received in cash, and the
remainder, $3,761,812.95, in notes or land contracts yet to be paid. These gross pro-
ceeds are applied to the redemption of land-grant mortgage bonds, of which $10,400,000
have been issued and $4,101,000 redeemed.
The expenses of the land department, taxes on land, &c., amounting to $1,889,977.68,
to December 31, 1879, have been paid by the company out of its ordinary income.
The cost of the railroad and its equipment to December 31, 1879, amounted to
$118,682,223.96, or at the rate of $114,262.54 per mile. The details are as follows, viz :
Payments to contractors:
“Oakes Ames” contract-------------------------------------------- $57,140,102 94
“Davis” contract.------------------------------------------------- 23, 129,671 01
“Hoxie” contract-------------------------------------------------- 11,966,799 63
Total contracts ---------------------------------------------- 92,236,573 58
* Expended by the company for—
Right of way ------------------------------------------------------ $165,675 66
Fencing and crossings---------------------------------------------- 250,700 68
Roadbed and track------------------------------------------------- 100,375 78
Coal sheds --------------------------------------------------------- 13,912 33
Bridging, piling, and trestling-------------------------------------- 158,542 51
Snow-sheds and snow-fences.-------------------------------------- o 393,978 14
Passenger and freight buildings.----------------------------------- 1,059,904 27
Machine-shops, car-shops, machinery, engine-houses, and turn-tables. 436,012 21
Water-tanks, wells, pumping-houses, &c -------------------------- 124,591 48
Hotels, tenements, &c -------------------------------------------- 226,790 77
Rolling-mills, scrap-furnaces, rail-mills, &c.-----------------------. 228,968 09
Equipment other than furnished by contractors.----...------------- 2, 193,998 69
Express outfit---------------------------------------------------- 12,503 71
Government commissioners and Government directors during period
of construction-------------------------------------------------- 188,630 13
Omaha bridge and approaches------------------------------------- 2,255,089 20
Engineering, agencies, &c.----------------------------------------- 1,891,510 57
y Total cost of construction ----------------------------------- 101,937,757 90
Less sale of constructed road -----------------------. $2,840, 000 00
Sale of constructed telegraph line-...----. © e º sº e º ºn tº as º ºs e ºs 104,432 54
Total amount sold.------------------------------------------ 2,944,432 54
Net cost of property----------------------------------------------- 98,993,325 36
Interest and discount expenses during construction:
Interest, discount, and commissions---...------...-- -- $2,750,284 63
Losses on securities --------------------------------- 12,215,868 39
Interest paid on bonds outstanding .------------... • * * * * 4,000,000 00
Discount on Omaha bridge bonds.--...---------. ---- 440,000 00
Interest on Omaha bridge bonds. -------------------. 162,329 94
Premium on Omaha bridge bonds. --- - - - - - - - - - - - - - - - - 8,032 25
Expenses paying drawn bonds, &c.--...---------...-- 4,446 02
Total amount, interest, &c.---------------------------------- 19,580,961 23
Unexplained difference between cost as stated on ledger and items as
above----------------------------------------------------------- 107,937 37
Total cost of road and equipment---------------------...---- 118,682,223 96
The cost of building and equipping a railroad like the Union Pacific main line from
Council Bluffs to Ogden, with similar grades and on the same route, the whole of it,
laid with steel rails, at the present time may be stated approximately at $32,000,000;
say 500 miles Council Bluffs to Cheyenne, at $20,000 per mile, and 540 miles Cheyenne
to Ogden, at $40,000 per mile.
The Kansas Pacific Railway Company.—This company, originally known as “the
Leavenworth, Pawnee and Western Railroad Company,” and afterwards as “the
Union Pacific Railroad Company, Eastern Division,” was chartered by the State of
918 VALUE OF LANDS AND COST OF PACIFIC RAILROADs.
of Kansas February 1, 1855, and received from the United States, under the Pacific
Railroad acts before referred to, a grant of public lands to aid in the construction of
its railroad and telegraph line. The grant was twenty sections, or 12,800 acres per
mile of road.
The length of road subsidized is 638.6 miles, extending from the eastern boundary
line of the State of Kansas, in Kansas City, to Denver, Colo. The quantity of land
granted would have amounted to 8,174,000 acres, if none of the lands had been other-
wise or previously disposed of by the Government. The General Land Office has esti-
mated that the company will receive about 6,000,000 acres, but the land commissioner
of the company estimates about 200,000 acres more.
The location of this company’s lands is as follows: 2,600,000 acres in Colorado,
3,600,000 acres in Kansas. Of these, probably one-third, say 2,000,000 acres, are
“grazing” lands, and the remainder, say 4,000,000 acres, are “agricultural.” The
lands which were unsold December 31, 1879, lie chiefly in Western Kansas—about
2,000,000 acres between Manhattan, Riley County, and Grinnell, Gove County, worth
on an average nearly $3 per acre, and the remainder, 2,800,000 acres, between Grin-
nell and Denver, worth probably $2 an acre; in all, worth about $11,000,000. To
June 30, 1880, 828,830.44 acres had been patented to the company. To December 31,
1879, the company had sold 1,521,111.53 acres, as follows, viz:

GD
.3
Year. Acres. §§ Amount.
#.
-
<!
1868 -------------------------------------------------------------. 111, 271. 29 || $2 96 $329, 812 67
1869 -------------------------------------------------------------- 382,885. 20 || 2 91 | 1,114, 578 57
1870 ---------------------------- • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 124, 168.59 3 19 396, 19606
1871 -------------------------------------------------------------- 123, 935.82 || 3 50 434, 235 52
1872 -------------------------------------------------------------- 68, 851.29 2 92 199, 841 71
1878 -------------------------------------------------------------- 25,423.43 3 67 93, 175 10
1874-------------------------------------------------------------- 35, 393.96 3 29 117,708 61
1875 ----------------------- • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 61, 366.58 3 57 218, 808 60
1876 -------------------------------------------------------------- 74,554.09 4 23 315,420 62
1877 -------------------------------------------------------------- 135,994.45 3 31 449, 234 44
1878--------------------------- ºn as a e = w as s m e º s sº sº sº s = e s = * * * * * * = s. s = e = * * * 207,938. 03 3 38 795, 997 83
1879 -------------------------------------------------------------- 169,328.80 4 09 592,930 53
Total.------------------------------------------------------. 1,521, 111. 53 3 39 || 5, 157,940 26
Forfeited and canceled contracts for 229,657.16 acres, amounting to $737,979.77,
being deducted, leaves the net sales 1,291,454.37 acres, and the amount for which sold
$4,419,960.49, or an average of $3.42 per acre.
The lands have been sold principally on time, at one-fifth cash and balance in four
annual installments, with interest at the rate of 6 per cent. per annum.
The gross proceeds of sales, interest, forfeitures, &c., to December 31, 1879, have been
$4,404,232.52, of which $3,016,022.60 has been received in cash, and the remainder—
$1,388,209.92—is held as land notes or contracts. By the terms of the land-grant
mortgages, the gross proceeds of sales of land are to be applied to the redemption of
the bonds issued thereon. The expenses, commissions, taxes, &c., paid to December
31, 1879, have amounted to $694,997.90.
To December 31, 1879, the cost of this railroad and its equipment—670.5 miles—is
reported by the company as $34,359,540.66, which is at the rate of $51,244.65 per mile.
A railroad like the Kansas Pacific, 670 miles, most of it through a rolling prairie
country, could be built with steel rails at this time for $15,000 per mile, and fully
equipped for $5,000 per mile; in all $20,000 per mile, or $13,500,000.
Denver Pacific Railway and Telegraph Company.—This company was incorporated
November 19, 1867, under the general laws of the territory of Colorado relating to
corporations, and was organized December 14, 1867, with a board of trustees. The
first annual meeting of stockholders was held on December 14, 1868, when permanent
officers were elected.
By the act of Congress approved March 3, 1869, the Union Pacific Railway Com-
pany, Eastern Division, was authorized to transfer to the Denver Pacific Railway and
Telegraph Company all the rights and privileges, subject to all the obligations per-
taining to that part of its line of railroad and telegraph between Denver City and
Cheyenne. Under this law the company obtained its land-grant of twenty sections,
or 12,800 acres per mile.
The length of road constructed is 105.89 miles, which entitles the company to
1,355,292 acres of land; but the General Land Office estimates the grant which the
VALUE OF LANDS AND COST OF PACIFIC RAILROADS. 919
company will eventually receive as 1,100,000 acres, while the estimate of the com-
pany is only 971,771 acres, 800,000 acres of which are covered by a first mortgage
given to secure an issue of $2,500,000 bonds. The company’s officers in 1870 estimated
the value of the 800,000 acres included in the mortgage at $3,000,000.
All of the company’s lands are in Colorado, and are among the most fertile and valu-
able portion of the agricultural lands of that State, and some of the lands have valu-
able coal deposits.
By the terms of the contract for building the railroad, all of the company’s lands
ranted by Congress over and above the 800,000 acres covered by the mortgage re-
erred to were to revert to the contractors, These lands being left out of the ques-
tion, the company had remaining December 31, 1879, 639,269 acres unsold, the average
value of which may be estimated at $2.50 per acre, amounting to $1,598,170. To June
30, 1880, only 49,811.59 acres had been patented to the company; December 31, 1879,
the company had sold lands as follows:
Average
Year. Acres. price per Amount.
3.C.T.O.
1870 -------------------------------------------------------------- 32,613.00 $4 17 | $136,076 43
1871 ---------------------------------------------------------- ....] 41, 543. 55 3 94 | 163, 858 71
1872 -------------------------------------------------------------- 19, 959. 09 - 4 07 81, 195 91
1878 -------------------------------------------------------------- 17,951.95 4 61 82, 676 96
1874-------------------------------------------------------------- 10,918. 54 5 21 56, 877 83
1875 -------------------------------------------------------------- 3, 676. 52 6 12 22, 488 02
1876 -------------------------------------------------------------- 4,364. 37 14 32 62,497 50
1877 -------------------------------------------------------------- 26, 101.56 5 25 | 136, 963 89
1878 -------------------------------------------------------------- 34,523.47 3 79 || 130,902 50
1879 -------------------------------------------------------------- 7, 554. 58 5 81 43,893 84
Totals-----------------------------------------------------. 199, 206.63 460 | 917,431 59
Deducting canceled sales, the net quantity sold during this period was 160,731.89
acres for $713,881.13, or at an average price of $4.44 per acre.
The cost of the road, 105.89 miles, as reported to this office, is $6,495,350, but no
details of the expenditures have been obtained. It was accepted by the President
May 2, 1872. A parallel road like this could be built to-day for $15,000 per mile—say
for $1,600,000.
The Union Pacific Railway Company.—This company is the successor, by consolida-
tion, to the Union, Kansas, and Denver Pacific Companies.
Summarizing the statements heretofore given as to the three companies named, the
following facts are shown, viz:
Estimated quantity of land granted, acres ------------------------- 22,824, 396
Estimated quantity of land vested under the grant, acres. -- - - - - - - - - 19, 100,000
Quantity sold to December 31, 1879, acres - - - - - - - - - - - - - - - - - - - - - - - - - - 3,020,625
Gross amount realized from Sales -----------. ---------------------- $12,050,653 00
Railroad subsidized with lands, miles.----------------------------- 1,783
Cost of road and equipment, 1,815 miles---------------------------- $154,485,642 29
Cost per mile, road and equipment--------------------------------- $85,116 00
Estimated value of unsold lands, 16,000,000 acres, at $1.50 per acre-- $24, Ö00. 000 00
Estimated present cost of similar road, 1,815 miles, at $30,000 per
mile, on an average--------------------------------------------- $54,450,000 00
The Central Pacific Railroad Company.—This company is the successor, by consolida-
tion, June 23, 1870, of the Central Pacific Railroad Company of California, organized
June 28, 1861, and the Western Pacific Railroad Company, organized December 13,
1862, both deriving their charter powers from the State of California, although the
State, by act of April 4, 1864, virtually dissolved the company as a State corporation.
Subsequently, on August 22, 1870, the Central Pacific was consolidated with the Cali-
fornia and Oregon, the San Francisco, Oakland and Alameda, and the San Joaquin
Valley Railroad Companies.
So far as relates to the subjects of this report, the three roads, Central Pacific,
Western Pacific, and California and Oregon, will be treated separately.
The Central Pacific Railroad extends from Sacramento to a point five miles west of
the crossing of the Utah Central Railroad in Ogden, Utah, 738.45 miles, of which but
737.50 miles have been subsidized with bonds and lands.
The land grant is under the same acts of Congress as that of the Union Pacific, and
amounts to twenty sections, or 12,800 acres, per mile, equal to 9,440,000 acres for the
entire road, from which, however, deducting lands previously granted, sold, or re-

920 VALUE OF LANDS AND COST OF PACIFIC RAILROADS.
served by the United States, estimated by the General Land Office at 1,440,000 acres,
leaves about 8,000,000 acres vested in the company.
Of these 8,000,000 acres, 708,862 had been patented to the company to June 30, 1880,
and the company had sold, to December 31, 1879, 295,886.79 acres for $1,114,999.66,
being an average price of $3.77 per acre. The lands have been sold in small tracts,
some for cash, but most of them on time, 20 per cent. of the principal being paid at
time of purchase. This company, unlike some others, sells no lands before it has re-
ceived patents therefor. The proceeds of sales of lands are applied to the purchase
of land-grant bonds.
The lands remaining unsold December 31, 1879, say 7,700,000 acres, lying most of
them in the desert country between Salt Lake and the Sierra Nevada Mountains, are
largely unavailable, and many years must elapse before anything can be realized from
them. The real value of these lands is not over 50 cents per acre, or $3,850,000, al-
though the company includes them in the general estimate of all their lands at $2.50
per acre, which is the minimum price placed upon adjoining lands belonging to the
Government.
The cost of this portion of the Central Pacific Railroad has not been ascertained in
detail. In a report published in 1870 the cost of the property on December 31, 1869,
was itemized as follows:
Construction accounts.------------------------------------------------ $84, 129,002
Buildings ------------------------------------------------------------- 2, 159,718
Engines -------------------------------------------------------------- 1,846,500
Cars------------------------------------------------------------------ 1,988, 125
Total.----------------------------------------------------------- 90, 123,345
Represented by capital stock------------------------------------------ 40,097,290
First-mortgage bonds ------------------------------------------------- 25,517,000
United States bonds--------------------------------------------------- 25,517,000
Other debt------------------------------------------------------------ 7,871,777
Total liabilities ------------------------------ * * * * * * * * * * * * * * * * * * * 99,003,067
A road similar to that of the Central Pacific, from Ogden to Sacramento, 740 miles,
could probably be built to-day for an average price of $30,000 per mile, or $22,200,000.
The Western Pacific Railroad Company.—This company was organized December 13,
1862, under the laws of the State of California, and was consolidated with the Central
Pacific June 23, 1870. -
Under the Pacific Railroad acts the company was authorized to construct a railroad
from the American River east of Sacramento to San José, Cal., a distance of 123.16
miles, and received a subsidy in bonds and lands similar to that granted to the other
Pacific Railroad Companies.
The quantity of lands included in the grant has been estimated by the General
Land Office as 1,100,000 acres. To June 30, 1880, 424,727.58 acres had been patented
to the company.
The Western Pacific Railroad Company had disposed of its lands prior to consolida-
tion with the Central Pacific Railroad Company.
In a report published in 1870 the cost of this road was stated as $12,347,332; offset
by an indebtedness of $2,808,290, and a share capital paid in, $7,900,000.
A portion of the road is of an expensive character, but it could probably be built
to-day for $35,000 per mile, or $4,300,000 for the whole road.
California and Oregon Railroad Company.—This company was organized under the
laws § ºrnia June 30, 1865, and was consolidated with the Central Pacific Au-
ust 22, 1870.
g By an act of Congress approved July 25, 1866 (14 Stat., 239), the company received
8, #. of twenty sections (12,800 acres) per mile for a railroad from the Central Pa-
cific Railroad to the northern fine of the State. The estimated distance is 291 miles,
which would make the grant 3,724,800 acres.
A condition of the grant is that the whole road shall be completed on or before July
1, 1880 (15 Stat., 80).
The road completed extends from Roseville to Redding, Cal., 151.81 miles; road
uncompleted, 139.19 miles. The lands which have not vested by reason of non-com-
pletion of road amount to 1,781,632 acres, leaving 1,943,168 acres vested in the com-
pany, or so much thereof as was not previously disposed of by the United States.
To June 30, 1880, there had been patented of these lands 1,338,039.27 acres. To
December 31, 1879, the company had sold 366,622 acres for $2,970,365, or an average
price of $8.65 per acre. The lands remaining unsold at that time were 1,576,546 acres,
worth, at a reasonable estimate, say, $4.50 per acre—over $7,000,000.
VALUE OF LANDS AND COST OF PACIFIC RAILROADS. 921
The 152 miles of road were constructed between 1867 and 1872, the whole road being
opened for business September 1, 1872. The cost in detail of this road has not been
ascertained. In 1870, when some 80 miles of the road had been completed, a report
was published in which the cost of the road was stated as $2,750,000, or about $35,000
per mile, The road could be built to-day for $25,000 per mile, or $3,800,000.
From the above statements in regard to these three roads, namely, the Central Pa-
cific, the Western Pacific, and the California and Oregon, the following condensed
statement is made:
Estimated quantity of land granted, acres ------------------------- 14, 264,800
Estimated quantity of land vested under the grants, acres - - - - - - - - - 10,367,895
Quantity disposed of by Western Pacific before consolidation, acres- 424,727
Patented to Central Pacific Company to June 30, 1880, acres. -- - - - - - 2,047,021
Quantity sold to December 31, 1879, acres -------------------------- 662,669
Amount for which 662,669 acres were Soid. ------------------------- $4,085, 354 00
Average price per acre -------------------------------------------- $6 16
Miles of railroad subsidized with lands- - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1,012. 55
Cost of roads, &c., owned (1,202 miles) ---------------------------- $136,536,295 59
Cost of equipment, machinery, furniture, &c.----------------------- $9,812,040 66
Cost per mile-road and equipments, &c.--------------------------- $121,754 00
Estimated value of unsold vested lands (9,280,499 acres at $1 per
acre) ----------------------------------------------------------- $9,280,499 00
Estimated value of unvested lands (1,781,632 acres, at $2.50 per acre)- $4,454,080 00
Central Branch Union Pacific Railroad Company.—The legislature of the Territory of
Kansas, by an act approved February 11, 1859, granted a charter to the Atchison and
Pike's Peak Railroad Company.
On November 20, 1866, by vote of persons owning a majority of the stock, and in
compliance with the laws of the State of Kansas, the name was changed to “Central
Branch Union Pacific Railroad Company,” to take effect on and after January 1, 1867.
By the thirteenth section of the act of Congress approved July 1, 1862, which
chartered the Union Pacific Railroad Company, the Hannibal and Saint Joseph Rail-
road Company was authorized to build a railroad from Saint Joseph via Atchison to
connect with the road through Kansas. By regular proceedings, beginning June 9,
1863, and ratified by votes of the stockholders, the Hannibal and Saint Joseph Rail-
road Company assigned to the Atchison and Pike's Peak Railroad Company all their
right, title, and interest in the grant to them by the Pacific Railroad act of July 1,
1862, which assignment was formally accepted by the Atchison and Pike's Peak Rail-
road Company on May 26, 1865.
The land grant to this company is twenty sections, or 12,800 acres, per mile for 100
miles, extending from the Missouri River at Atchison, westwardly, through Kansas.
The majority of the public lands through which this road runs having been disposed
of prior to the grant, the company will obtain only some 250,000 acres; 187,608 of
which had been patented to them to June 30, 1880.
To June 30, 1880, about 170,000 acres had been sold by the company at an average
price of say $5 per acre, amounting to $850,000, and 80,000 acres remained unsold,
worth about the same price per ...; to $400,000.
The proceeds of the sales of land have been applied to the payment of interest on
the first mortgage bonds and to the general purposes of the company, from time to
time.
Construction was commenced on this road from Atchison to Waterville, 100 miles,
in July, 1865, and the first section of 20 miles was accepted by the President of the
United States on July 12, 1866, and the whole road was completed by January 20,
1868. :
The cost of the road—construction and equipment—as reported to this office Decem-
ber 31, 1879, is $3,913,408.64, or at the rate of $39,134.04 per mile. A road similar to
; §§ be built and equipped to-day for from $15,000 to $18,000 per mile, or say
$1,650,000.
The Sioux City and Pacific Railroad Company.—This company was organized August
4, 1864, under the laws of the State of Iowa.
By section 13 of the act of Congress approved July 1, 1862, which chartered the
Union Pacific Railroad Company, it was enacted that “whenever there shall be a
line of railroad completed through Minnesota or Iowa to Sioux City, then the said
Pacific Railroad Company is hereby authorized and required to construct a railroad
and telegraph from said Sioux City, upon the most direct and practicable route, to a
oint on, and so as to connect with, the branch railroad and telegraph in this section
#j mentioned.”
Section 17, of the act of July 2, 1864, so amends section 13, above quoted, as to
release the Union Pacific Railroad Company from the construction of said branch,
and entitles the company so constructing it to receive in bonds an amount not larger
*
922 VALUE OF LANDS AND COST OF PACIFIC RAILROADs.
than the said Union Pacific Railroad Company would be entitled to receive if it had
Constructed the branch road, and to receive alternate sections of land for 10 miles in
Width on each side of the same along the whole length of said branch.
The President of the United States on December 24, 1864, designated “the Sioux
City and Pacific Railroad Company” as the company approved by him to construct
the branch line named in section 17 of the act of Congress approved July 2, 1864.
‘This company, after careful examination and surveys to ascertain “the most direct,
and practicable route,” filed its map of definite location in Nebraska November 9, 1866,
and in Iowa between November 20 and December 7, 1866, from which dates its rights
attached to the lands granted.
The original idea of the Pacific Railroad act was, that a branch from Sioux City,
Iowa, to some point on the Union Pacific Railroad, not further west than the one hun-
dredth meridian, should be constructed. This being impracticable, owing to the char-
acter of the country—the streams and valleys all running from northwest to southeast,
which would require immense fills and cuts, the act of July 2, 1864, modified the route
so as to permit any company constructing the road to select the point of junction.
The quantity of lands patented under the provisions of the foregoing acts has been
reported by the General Land Office as 41,318.23 acres.
All lands, lots, and land assets of this road were sold April 15, 1875, to the Missouri
Valley Land Company for $200,000.
The construction of this road was begun in the fall of 1866; the first section of the
railroad and telegraph was accepted March 27, 1868, and the last one was accepted
March 2, 1869. The road was opened for traffic February 11, 1869. The length of sub-
sidized road is 101.77 miles.
This road is subject to all the conditions and requirements applicable to it as a
branch of the Pacific Railroad, the Supreme Court of the United States, in revising and
affirming the judgment of the circuit court of the United States for the district of
Iowa (99 Supreme Court Reports, 491), having decided that this road is a branch of
the Pacific Railroad, and subject to the same conditions as regards the payment of
“five per centum of its net earnings” towards the reimbursement of the United States
on account of bonds and interest.
The company in its report to this Department for the year ending June 30, 1880,
gives the cost of the road and fixtures to that date as $5,355,551.28, having constructed
107.42 miles of railroad; being an average cost of $49,865 per mile.
A road has been constructed west of the Missouri River from Sioux City to Omaha
during the past year, but it is much longer and more expensive to operate. A road
º jous City and Pacific could probably be built to-day for $15,000 per mile—
3 *-y e
The Burlington and Missouri River Railroad Company, in Nebraska.—By section 18 of
the act of Congress approved July 2, 1864, the Burlington and Missouri River Rail-
road Company, organized under the laws of the State of Iowa, was “authorized to
extend its road through the Territory of Nebraska from the point where it strikes the
Missouri River, south of the mouth of the Platte River, to some point not further west
than the one hundredth meridian of west longitude, so as to connect, by the most
practicable route, with the main trunk of the Union Pacific Railroad, or that part of
it which runs from Omaha to the said one hundredth meridian of west longitude.”
The right of way is also granted by this section “to the extent of two hundred feet
where it may pass over the public lands, including all necessary grounds for stations,
buildings, workshops, depots, machine-shops, switches, side tracks, turn-tables, and
Water-tanks.”
Section 19, for the purpose of aiding in the construction of said road, grants to the
said Burlington and Missouri River Railroad Company every alternate odd numbered
section of public lands (except mineral lands) to the amount of ten alternate sections,
or 6,400 acres per mile, on each side of the road. Section 20 provides that when 20
consecutive miles of road shall have been completed the “President of the United
States shall appoint three commissioners to examine and report to him in relation
thereto, and if it shall appear to him that 20 miles of said road have been completed
as required by this act, then, upon certificate of said commissioners to that effect,
patents shall issue conveying the right and title of said lands to said company on each
side of said road, as far as the same is completed, to the amount aforesaid; and such
examination, report, and conveyance by patent shall continue from time to time in
like manner until said road shall have been completed.” It also provides “that no
Government bonds shall be issued to the said Burlington and Missouri River Railroad
Company to aid in the construction of said extension of its road; and provided
further, that said extension shall be completed within the period of ten years from the
passage of this act.”
The line constructed and owned by this company extends from Plattsmouth to Fort
Kearney, Nebr., a distance of 190.5 miles. The first section of 80 miles was accepted
by the President of the United States October 9, 1871, and the last section November
4, 1872. The road was opened for through traffic September 2, 1872. -
VALUE OF LANDS AND COST OF PACIFIC RAILROADS. 923.
The estimated quantity of lands granted by this act is 2,441,600 acres. The quan-
tity patented to June 30, 1880, amounted to 2,374,090.77 acres. The following state-
ment of the business of the land department of this company is taken from Poor's
Manual for 1880:
General account, land department, December 31, 1879.
Lands sold (1,574,392 acres) $8,556,782 42 || Taxes, commissions, &c. -- $2,090,904 19
Interest on contracts.----. 2,495,788 50 || Discounts and premiums-- 456,131 09
Imputed payment...------- 495,817 58 || Principal on sales, due.... 5,816,528 13
Special deposits ---------- 96, 201 52 || Interest and other assets... 1,315,258 10
Extra interest, rents, &c. - 65, 614 53 || Paid amount, treasurer.... 2,040,383 04
Total -------------- 11,710,204 55 Total ------------ ... 11,710,204 55.
The cost of construction and equipment of this road is not given separately, the
total cost being stated at $8,294,955, or an average of $43,306 per mile.
A road like the Burlington and Missouri River in Nebraska could probably be built
to-day for $16,000 per mileº,048,000.
Summarizing the statements heretofore given, the following condensed facts are
shown, embracing all the roads of the “Union Central line or route,” as enumerated
on page 11, of this report:
Estimated quantity of lands granted and vested.

Acres granted. | Acres vested.
Union Pacific--------------------------------------------------------- 22,824, 396 19, 100,000.00
Central Pacific ------------------------------------------------------- 14, 264, 800 10,367,895.00
Central Branch Union Pacific -------- .* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1, 280,000 250,000.00
Sioux City and Pacific-------------------------------- • * * * * * * * * * - - - - - - 651,328 41, 318.23
Burlington and Missouri River.-------------------------------------- 2,438,400 2,441, 600.00
Total.------------------------------------ tº º º º ºs tº dº tº º ºs º & a tº tº a ºn tº as tº sº as sº 41,458,924 32, 200, 813.23.
Quantity patented to June 30, 1880.
- Acres.
Union Pacific------------------------ • = • - - - - - - - - - - - - - - - - - - - - - - tº gº º ºs º- 3,738,117.00
Central Pacific------------------ - - - - - - - - - - - - - - - - - - - - - - - tº e º ºs sº sº sº sº sº sº tº 2,047,021.00
Central Branch Union Pacific -----------...----------. e e as ºn tº ºs º ºs s = e º 'º 187, 608.00
Sioux City and Pacific--------------------------------------------- 41,318.23
Burlington and Missouri River in Nebraska ----------------------- º 2,374,090.77.
Total ------------------------------------------------------- 8,388,155.00
Quantity sold to December 31, 1879.
- Acres.
Union Pacific ----------------------------------------------------- 3,020,625.00
Central Pacific----------------------- ------- • * * * * * * * * * * * * * * * * * * * * * 662, 669.00
Central Branch Union Pacific-------------------------------------- 170,000.00
Sioux City and Pacific -------------------------------------------- 41,318.23
Burlington and Missouri River in Nebraska ---------...-----....... 1,574,392.00
Total.-------------- ---------------------------------------. 5,469,004.23
Amount realized from sales to December 31, 1879.
Union Pacific ----------------------------------------------------- $12,050,653 00.
Central Pacific-------- -------------------------------------------- 4,085,354 00
Central Branch Union Pacific-------------------------------------- 850,000 00
Sioux City and Pacific--------------------------------------------- 200,000 00
Burlington and Missouri River in Nebraska.----------------------- 8,556,782 00
Total ------------------ tº ºs º º sº tº sº º tº dº º tº sº tº tº º ºs º Gº º º <º º ºs º ºs º º gº º ºs & sº gº º sº º 25,742,789 00.
924 VALUE OF LANDS AND cost of PACIFIC RAILROADs.
Average price per acre of all sales to December 31, 1879.
Union Pacific ----------------------------------------------------- $3 99
Central Pacific---------------------------------------------------- 6 16
Central Branch Union Pacific ------------------------------------- 5 00
Sioux City and Pacific -----...----- -------------------------------- 4 84
Burlington and Missouri River in Nebraska.----------------------. 5 43
Total average----------------------------------------------- 4 71
Miles of road subsidized with lands.
Miles.
Union Pacific ----------------------------------------------------- 1,783.00
Central Pacific ---------------------------------------------------- 1,012. 55
Central Branch Union Pacific--------...----------------------------- 100.00
Sioux City and Pacific--------------------------------------------- 101.77
Burlington and Missouri River in Nebraska.----...----...----...----. 190. 50
Total ------------------------------------------------------- 3, 187.82
Cost of roads, &c., owned as shown by books, &c.
Miles.
Union Pacific ------------------------------------------- 1,815.00 $154,485,642 29
Central Pacific.... ---------... • * * * * * * * * * - - - - - - - - - - - - - - - - - - - 1,202.00 146,348,336 25
Central Branch Union Pacific------------...--...-------- 100.00 3,913,403 64
Sioux City and Pacific---------------------------------- 107. 42 5,355,551 28
Burlington and Missouri River -------------------------- 190. 50 8,249,955 00
Total miles and cost ------------------------------ 3,414.92 318,352,888 46
ë Cost per mile, road, and equipment.
Union Pacific ----------------------------------------------------- $85,116 00
Central Pacific---------------------------------------------------- 121,754 00
Central Branch Union Pacific-------------------------------------- 39, 134 00
Sioux City and Pacific -------------------------------------------- 43,306 00
Burlington and Missouri River in Nebraska --.......... ----------- - > 46,232 00
Average cost per mile (3,414.92 miles, $318, 352,888.46)...---- * > 93,224 00
Istimated value of unsold vested lands.
Union Pacific, 14,800,000 acres, at $1.624............ ------ . .... ---. $24,000,000 00
Central Pacific, 9,280,499 acres, at $1 per acre--...------------...----. 9,280,499 00
Central Branch Union Pacific, 80,000 acres, at $5 per acre.---------- 400,000 00
Sioux City and Pacific -------------------------------------------- None.
Burlington and Missouri River in Nebraska, 800,000 acres, at $7 per
*Cre - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - tº us tº es e 5,600,000 00
Total ------------------------------------------------------- 39,280,499 00
Estimated value of unvested lands.
Central Pacific, California, and Oregon lands, 1,781,632 acres, at $2.50
P6ſ 8Cſe - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $4,454,080 00
THE NEW MEXICO souTHERN, or RouTE ON THIRTY-FIFTH PARALLEL.

The Atlantic and Pacific Railroad Company.—This company was chartered by an act
of Congress approved July 27, 1866, entitled “An act granting lands to aid in the con-
struction of a railroad and telegra hine from the states of fissouri and Arkansas to
the Pacific coast.” (14 Stat.,292, Auditor's Report for 1880, page 163.) By this act the
corporation was authorized and empowered to construct and enjoy “a continuous
railroad and telegraph line” from Springfield, Mo., to the Pacific Ocean, across the
Indian Territory, Texas, New Mexico, Arizona, and California as a main line, and
from Van Buren, Ark., to the point where the main line strikes the Canadian River
§ the Indian Territory as a branch line, more particularly described in section 1 of
e act.
VALUE OF LANDS AND COST OF PACIFIC RAILROADS. 925
The grants made to the company by the act consists of the right of way through
the public lands to the extent of one hundred feet on each side of the railroad, the
right to use materials from adjacent lands belonging to the United States, the
right to take all grounds or lands, in addition to the one hundred feet on each side
of the road, that may be necessary for station, shop, turn-table, switching, or other
purposes, exemption of the right of way from taxation in the Territories, and for every
mile of said railroad constructed in the Territories forty sections (25,600 acres) of the
public lands, and for every mile in the States twenty sections (12,800 acres) of the
Same. (See sections 2 and 3 of the act.)
The conditions attached to these grants are given in section 8 of the act as follows,
namely: Work on the road was to be commenced within two years from the date of
approval of the act, July 27, 1866, that is, before July 27, 1868; after the second year
not less than fifty miles of road per year was to be completed; and the main line was
to be completed by July 4, 1878; and, if the company suffered any breach of these
conditions to continue over one year, section 9 of the act provides that the United
States may, at any time thereafter, “do any and all acts and things which may be
needful and necessary to insure a speedy completion of the said road.” -
Maps of the general route having been filed, public lands embraced within the
limits of the grant were withdrawn from sale and the right of the company attached
thereto, as follows, viz:

On line from— g * To— I)ate.
Springfield, Mo ----------------------------- West line of Missouri. -------------------. Dec. 17, 1866
West line of Missouri ------................ Mouth of Kingfisher Creek, Ind. Ter. ....| Dec. 2, 1871
Mouth of Kingfisher Creek, Ind. Ter....... East line of New Mexico ................. Feb. 7, 1872
East line of New Mexico. ------------------. East line of California --------------...--. Mar. 12, 1872
San Francisco, Cal.--...--------------------- San Miguel, California.----------...------. Mar. 12, 1872
San Miguel, Cal ---------------------------- Los Angeles County, west line California. || Aug. 15, 1872
Los Angeles County, west line California. . . . A §: to Wns # Inorth, range 7 east, Mar. 12, 1872
San Bernardino Mission, San Bernardi.
no County, California.
A point in township 7 north, range 7 east, Colorado River............................ Aug. 15, 1872
S. B. M., San Bernardino County, Cal.
The construction of this railroad was commenced July 4, 1868; and the sections of
road below named have been examined by commissioners and reported on by them to
the President of the United States, who has from time to time authorized patents for
lands so earned to be issued to the company:


<!-- . - -
o gº! Examined by Accepted b
.# From- To– Miles. 9 ...” commission- the #.
9 3 * | erS. dent.
2, 3
#}|Springfield, Mo...... Pierce City, Mo..... 25 June 14, 1870 Sept. 22, 1870 || Oct. 11, 1870
3 || Pierce City, Mo. ----. sºy-fifth mile- 25 | Dec. 8, 1870 Jan. 19, 1871 Jan. 31, 1871
post.
1.54 miles :*:of
4 R | Seventy-fifth mile- crossing o S- June 22, 1871
souri, Kansas & 25 y Nov. 16, 1871 || Dec. 6, 1871.
#} post. Texas Railway in } Oct. 6, 1871 ; y 3.
Indian Territory.
Jº: §s N§. -
6 Sºº Sº I | Fiftieth mile-post
}}| ºri. west therefrom. } 50 | Nov. 1, 1880 | Nov. 1, 1880 Dec. 17, 1880
N. Mex.
The Atlantic and Pacific Railroad Company having suffered a default in the pay-
ment of interest on their outstanding bonds, the mortgage given to secure the same
was foreclosed by a decree of the circuit court of the United States for the eastern
district of Missouri, and the entire property, including the land-grant, in Missouri,
was sold, by virtue of said decree, on September 7, 1876, to William F. Buckley, and
by him conveyed, November 2, 1876, to the Saint Louis and San Francisco Railway
Company, which company became, and is now, the owner of the property and fran-
chises in Missouri, which had belonged to the South Pacific and Atlantic and Pacific
Railroad Companies, and also of about 655,000 acres of South Pacific lands and 306,000
acres of Atlantic and Pacific lands.
926 VALUE OF LANDS AND CoST of PACIFIC RAILROADS.
West of the western boundary of the State of Missouri, the road and appurtenances
in the Indian Territory and in New Mexico are still owned by the Atlantic and Pacific
Railroad Company. The road from Albuquerque, N. Mex., west, is known as the
“Western Division.”
For the purpose of obtaining means to build and equip the “Western Division,”
the company has resolved to issue and negotiate bonds, to an amount not exceeding
$25,000 per mile, secured by a first mortgage on the franchises, railroad, lands, land.
grants, and other property pertaining to said “Western Division.” The act of Con-
gress approved April 20, 1871 (17 Stat., 19), authorized the company to “mortgage its
road, equipment, lands, franchises, privileges, and other rights and property, subject
to such terms, conditions, and limitations as its directors may prescribe.” (Auditor's
Report for 1880, page 170.)
The company is now examining the route from Vinita, Indian Territory, westward
to Albuquerque, N. Mex., with a view to the construction of this part of the road at
an early day. The length of this division will be about 750 miles, for 400 miles of which
the land-grant is contingent upon the extinguishment of Indian titles thereto or such
other arrangement, to be approved by the President, as any Indian tribe or nation
may determine upon.
The length of road and extent of land-grant for the whole line included in the
charter act may be stated approximately as follows, viz:

Acres
State or Territory. From- To— Miles. Aºper of land
e granted.
Missouri -------------- Springfield ----------. West line...... ----. 90 12,800 1, 152,000
Indian ---------------- East line.------------- ----do --------------- 400 25, 600 10, 240,000
Do ---------------- ----do ----------------- Canadian River..... 300 25, 600 7,680,000
Texas ----------------- ----do ----------------- West line----------. 200 12,800 2,560,000
INew Mexico ------.... ----do ----------------- ----do --------------- 450 25, 600 || 11, 520,000
Arizona --------------- ----do ----------------- ----do --------------- 400 25, 600 10,240,000
California ------------. ----do ----------------- San Francisco -----. 655 12, 800 8, 384,000
Arkansas ------------- West line.------------ Van Buren.--------. 5 12, 800 *
Total.------------|------------------------|---------------------- 2,500 ||--------- 51,840, 000
The company's estimate of the above is 2,472.98 miles of road and 49,244,803 acres of
land. The estimate of the General Land Office is 2,544.65 miles of road and 50,067,600
acres of land.
The United States having no public lands in the State of Texas, and the lands in
the Indian Territory having been “otherwise appropriated” at the date of the grant,
there must be deducted from the above total 20,480,000 acres, which leaves 31,360,000
acres actually granted, from which is likewise to be deducted the following, namely:
Acres.
1. Lands in Missouri previously disposed of.---------------------------. 645, 184
2. Lands in New Mexico, “mineral” and otherwise, disposed of, estimated
at one-half of the grant-----------------------. -------------------- 5,760,000
3. Lands in Arizona, “mineral” and otherwise, disposed of, estimated at
one-half of the grant ---------------------------------------------- 5, 120,000
4. Lands in California of the same character, estimated at one-third of the
grant -------------------------------------------------------------- 2,794,666
5. Lands in Arkansas otherwise disposed of.---------------------------- 32,000
Total deductions, additional.------------------------------------* 14,351,850
After all of these deductions are made, the quantity of land remaining for the use of
the railroad company would be but 17,008,150 acres, and of this quantity the Saint
Louis and San Francisco Railway Company received in 1876 about 300,000 acres, and
there had been disposed of by the Atlantic and Pacific Railroad Company, prior to
1876, about 200,000 acres, the proceeds of which were applied to the construction of
the road in Missouri; so that, in round numbers, about 16,500,000 acres of land are
only available for the Atlantic and Pacific Railroad Company, to aid in the construc-
tion of its railroad of more than 2,000 miles from Seneca, Mo., through the Indian
#. Texas, New Mexico, Arizona, and California, to the Pacific Ocean or San
3.T1CISCO,
These lands are worth, probably, on an average, not more than $2 per acre when
brought into market by reason of the railroad being built, or $33,000,000; but that is
merely a nominal value, sales being slow and difficult until settlers are assured of
protection from Indians and outlaws in that section of the country. From a recent
VALUE OF LANDS AND COST OF PACIFIC RAILROADS. 927
report of the superintendent of the western division of the railroad, the following
facts in regard to the country on the line of the road between Albuquerque and the
Colorado River, a distance of 620 miles, have been gathered.
Between Albuquerque and the San Francisco Mountains the country is chiefly oc-
cupied by large herders and stock-raisers, some of the land being cultivated. Many
of these herders are Indians. There is considerable timbered land within easy reagh
of the road, and some saw-mills are now being erected. In the immediate neighbor-
hood of the mountains the country is described as capable of being made the first
summer and winter resort in the country. Between the San Francisco Mountains and
the Great Colorado River, some 300 miles, the country is known to be rich in minerals,
as well as affording fine grazing and agricultural prospects.
As to the location of the line, it is described as being “marvelous in its alignment,
its grades and general characteristics. To cross the continental divide, the Rocky
Mountains of the United States, with only maximum grade of fifty feet per mile, and
this only going west (the east bound approach being only thirty feet per mile), in a
valley a mile wide, with no tunnels, are certainly advantages enjoyed by no other
line.” This is the language of Superintendent Smith, who is on the ground.
The superintendent's estimate of the annual business that may be done on this 620
miles is about 50,000 tons. If this tonnage, is carried to Albuquerque it would make
on an average about 12,000,000 tons carried one mile per annum, which, at an average
rate of five cents per ton per mile, would give a gross earning from freight carried
amounting to $600,000.
Of the 306,111 acres of land acquired by the Saint Louis and San Francisco Railway
Company in 1876, to December 31, 1879, 15,000 acres had been sold at an average price
of $3.25 per acre, amounting to $48,750. Prior to November 6, 1876, the Atlantic and
Pacific Railroad Company had disposed of 200,000 acres of the Missouri lands at an
average price of $2.87% per acre, amounting to $575,000.
No detail of construction has yet been obtained such as to enable a statement to be
made showing the cost of the subsidized line; on December 31, 1879, the company re-
ported the cost of “franchises and property” as $28,841,974.50, being 292% miles of
railroad, &c., in Missouri, extending from Pacific to the western State line near Sen-
eca, making an average cost of nearly $100,000 per mile. The road runs through a
country where many heavy grades and sharp curves are required, and is of quite an
expensive character to build. The property is now in good condition, better than the
average of western roads.
Under the authority of the act of Congress approved April 20, 1871, the company on
July 1, 1880, issued its thirty-year bonds to the amount of $25,000 per mile, bearing
interest at the rate of six per cent. per annum, payable semi-annually in January and
July, and secured the same by a mortgage on the franchises, right of way, railroad,
telegraph, lands, land-grants, and other property pertaining to the western division
of the road, extending from Albuquerque, N. Mex., to the Pacific Ocean.
The payment of the coupons is also guaranteed by the Saint Louis and San Fran-
cisco Railway Company, and the Atchison, Topeka and Santa Fé Railroad Company,
not exceeding 25 per cent. of the gross amount of their earnings respectively during
the six months preceding the due date of such coupons. The mortgage provides that
the net proceeds of the land-grant shall be used solely for the payment of interest on
the first and second mortgage bonds; for the principal and interest of any advances
made by the Atchison, Topeka and Santa Fé and the Saint Louis and San Francisco
Railroad Companies, and for the purchase and cancellation of the first mortgage bonds.
The Atchison, Topeka and Santa Fé Railroad Company and the Saint Louis and
San Francisco Railway Company each own one-half of the capital stock of the Atlan-
tic and Pacific Railroad Company.
Fifty miles of the western division of this road have just been reported ready for
examination by commissioners, making one hundred miles in all completed west of
Albuquerque to date.
The Southern Pacific Railroad Company.—The Southern Pacific Railroad Company
was incorporated under the laws of the State of California December 2, 1865.
On October 12, 1870, articles of consolidation were entered into with the following-
named roads: San Francisco and San José, chartered August 18, 1860; Santa Clara
and Pajaro Valley, chartered January 8, 1868; and California Southern, chartered
January 22, 1870. The Southern Pacific Branch Railroad Company, chartered De-
cember 23, 1872, was consolidated with this road August 19, 1873; and the Los Angeles
and San Pedro Railroad Company, chartered February 18, 1868, on December 14, 1874.
By virtue of the consolidation the new company succeeds to all the rights, privileges,
and franchises of the companies named above.
Section 18 of the act of Congress approved July 27, 1866, which chartered the At-
lantic and Pacific Railroad Company, authorized this company to connect with the
road of that company at such point on the boundary line of the State of California
as they shall deem most suitable for a railroad line to San Francisco and to aid in its
construction; similar grants of land were made to the Southern Pacific Railroad

928 VALUE OF LANDS AND COST OF PACIFIC RAILROADS.
Company, subject to all the conditions and limitations prescribed for said Atlantic
and Pacific Railroad. &
". sections of the main line were accepted by the President of the United States
3.S follo WS :
Number of section. Miles. Date.
1st section, San José to Gilroy ------------------ ---------------------------- 30, 26 || Jan. 19, 1871
2d Section, Gilroy to Tres Pinos ---------------------------------------------- 20. 00 || Oct. 23, 1871
3d section, from Goshen south ------...-------------------------------------- 20.00 || Oct. 1, 1872
4th Section, commencing at twentieth mile -------------------------------. --. 20.00 Aug. 6, 1873
5th Section, commencing at fortieth mile-------------------------------------- 20.00 || Oct. 23, 1874
6th Section, commencing at sixtieth mile.--------...---------------------------. 20.00 Aug. 23, 1875
7th Section, commencing at eightieth mile, near Bealeville. --...--------------. 20.00 June 16, 1876
8th section, from Goshen west, near Lamoore -------...----------------------- 20.00 Jan. 25, 1877
9th Section, from Lamoore to Huron. --...----------------------------...------. 20.00 | Feb. 21, 1877
10th Section, from near Bealeville to Mojave.-------...-...--...---------...-. , 41.66 | Feb. 3, 1878
Total ------------------------------------------------------------------- 231. 92
From Mojave to the eastern boundary of the State and from Tres Pinos to Huron,
the former about 200 miles in length, and the latter varying according to route from
100 to 160 miles, remain unbuilt, and the lands granted remain unvested in the com-
pany. The total land grant under the act of 1866 was, say, for 588 miles at 12,800
acres per mile, 7,526,400 acres. . Of this grant 2,768,576 have vested in the company
by virtue of the construction of the 231.92 miles of road referred to, and 4,757,824 re-
main unearned by construction and unvested. No part of the line aided by a land-
grant is now under construction, nor is it believed that the company has any intention
to construct their road from Mojave eastward. For a statement of the sales of land,
cost of construction, and other matters connected with the Southern Pacific, reference
is made to that part of the report embracing the Texas Southern route immediately
succeeding this.
THE TEXAS souTHERN, OR ROUTE ON THIRTY-SECOND PARALLEL OF LATITUDE.
The Texas and Pacific Railway Company.—This company was chartered by the act of
Congress approved March 3, 1871, entitled “An act to incorporate the Texas Pacific
Railroad Company, and to aid in the construction of its road, and for other purposes.”
(16 Stat., 573.) See Auditor's Report for 1880, page 170.
Section 1 designates the route, which may be stated as follows, viz, from a point at
or near Marshall, Tex.; thence to a point at or near El Paso ; thence through New
Mexico and Arizona to a point on the Rio Colorado, at or near the southwestern
boundary of California; thence to San Diego, pursuing in the location thereof, as near
as may be, the thirty-second parallel of Inorth latitude.
The company was vested with all the powers, privileges, and immunities necessary
to carry into effect the purposes of the act.
Section 8 grants a right of way through the public lands to the extent of two hun-
dred feet in width on each side of the railway, and grounds for stations, buildings,
workshops, &c., not exceeding forty acres of land at any one point.
To aid in the construction of said road, section 9 grants every alternate odd-num-
bered section of public lands, not mineral, to the amount of forty sections, or 25,600
acres, per mile in the Territories, and twenty sections, or 12,800 acres, per mile in
California. /
Section 17 provides that the company shall commence construction simultaneously
at San Diego, Cal., and at Marshall, Tex., and that at least50consecutive miles from each
of said points shall be completed and in running order within two years after the pas-
sage of the act, and to so continue to construct each year thereafter a sufficient num-
ber of miles to secure the completion of the whole line within ten years; that is, by
March 3, 1881. The act of May 2, 1872, extended the time to May 2, 1882.
Section 18 of the original act provides for the appointment of a commissioner by
the President of the United States to examine the various sections of 20 miles of road
as completed, and upon the acceptance by the President of the United States of said
sections, patents shall be issued to said company for the lands so earned.
By the act of Congress approved May 2, 1872, the name, style, and title was changed
to “the Texas and Pacific Railway Company,” and section 17 of the act of March 3,
1871, amended so as to require that at least 100 cousecutive miles of railroad should be
completed and in running order within two years after the passage of the act, that is,
by May 1, 1874 (300 miles of road were in operation before that time); it also pro-
:

VALUE OF LANDS AND coST OF PACIFIC RAILROADS. 929
vides that the company shall commence construction from San Diego eastward within
one year, that is, by May 1, 1873, and construct not less than 10 miles before the ex-
piration of the second year, and thereafter not less than 25 miles per annum in con-
tinuous line between San Diego and the Colorado River until the junction is formed
with the line from the east. Little or none of the line from San Diego eastward has
been constructed. From the Colorado River at Yuma, Ariz., a line of railroad has
been constructed by another company—known as the Southern Pacific Railroad Com-
pany of Arizona—under the supposition that the general law of 1875 gave them a
right of way over the public lands of the United States, although section 5 of that act
excepted any lands specially reserved from sale.
In March, 1872, the Texas and Pacific Railway Company acquired, by purchase and
consolidation, all of the franchises and property of the Southern Pacific Railroad
Company, a corporation organized under the laws of Texas, and operating 66 miles
of road between Shreveport and Longview, with a right to extend its line to El Paso.
It subsequently acquired, in like Inanner, the charter privileges and property of the
Southern Transcontinental Railway Company, organized under the laws of Texas,
with right to construct a road from the northeast boundary of the State to El Paso,
and the property and franchises of the Memphis, El Paso and Pacific Railroad Com-
pany, another Texas corporation.
On May 31, 1880, the number of miles of road operated was as follows, viz:
Miles.
From Shreveport, La., to Fort Worth, Tex... - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 219, 69
From Texarkana to Sherman--...----------------- - - - - - - - * = * * * * * * * * * * * * * * * * 155. 12
From Marshall to Texarkana Junction...------------...-- - - - - - - - - - - - - - - - - - - - 69. 05
Total ---------------------------------------------------------------- 443.86
The first section, extending from Marshall to Dallas, a distance of 147 miles, was
accepted by the President of the United States April 7, 1874; the second section, ex-
tending from Marshall to boundary line between Louisiana and Texas (22.12 miles),
from Marshall to Texarkana (74.23 miles), and from Shreveport to Brookston (56.18
miles) was accepted August 9, 1875; the last section, extending from Texarkana
Junction to Brookston, and from Dallas to Fort Worth, a distance of 127 miles, was
accepted March 8, 1877.
The company has already entered into a contract for the completion of the road from
Fort Worth to El Paso, a distance of 600 miles; the work was commenced March 5,
1880, and the whole line is to be completed by January 1, 1883. º
The quantity of land granted to the Texas and Pacific Railway Company is esti-
mated at 18,000,000 acres, lying in New Mexico, Arizona, and California. No lands
have been earned by construction of railroad in California or the Territories, and con-
sequently none have yet vested in the company; but the right of way and the land-
grant are subject, under the provisións of section 17 of the charter act and section 5
of the supplemental act of May 2, 1872, to such action as Congress may deem neces-
sary to Secure a speedy completion of the road.
The cost of construction and equipment on May 31, 1880, is reported at $27,418,107.94,
which includes expenditures for surveys and location of entire line of 1,457 miles west
of Fort Worth. The average cost per mile is $61,771. -
The Southern Pacific Irailroad Company.—The act of Congress approved March 3,
1871, which incorporated the Texas Pacific, provides, in section 23, that for the purpose
of connecting the Texas Pacific Railroad with the city of San Francisco the Southern
Pacific Railroad Company of California is authorized to construct a line of railroad
from a point at or near Tehachapa Pass, by way of Los Angeles, to the Texas Pacific
Railroad at or near the Colorado River, with the same rights, grants, and privileges,
and subject to the same limitations, restrictions, and conditions, as were granted by
the act of July 27, 1866, before referred to.
The grant of land under this act being 12,800 acres per mile of road from the Colo-
rado River, at or near Fort Yuma, to Mojave (346.96 miles) amounts to 4,441,088
acres, supposing none of the land to have been otherwise disposed of. The road hav-
ing been constructed was accepted by the President of the United States as follows,
V 12 . *
Miles.
Section 1, May 1, 1874------------------------------------------------------ 50.00
Section 2, November 11, 1875------------------------------------------------ 50.00
Section 3, January 21, 1876 ------------------------------------------------- 50.00
Section 4, March 2, 1877. -------------------------------------------------- 78.59
Section 5, January 23, 1878 ------------------------------------------------. 118. 37
Total --------------------------------------------------------------- 346.96
59 L O—WOL III
930 VALUE OF LANDS AND COST OF PACIFIC RAILROADs.
f §. December 31, 1879, the total length of road completed and in operation was as
OLIOWS: -
Northern division: º Miles.
From San Francisco to Tres Pinos -----------------------------------------. 100. 49
From Carnadero to Soledad ------------------------------------------------ 60. 40
Total.--------------------------------------------------------------- 160.89
Southern division: Miles.
From Huron, via Goshen and Los Angeles, to west bank of Colorado River. -- 528. 56
From Los Angeles to Wilmington.------------------------------------------- 22. 06
Total ---------------------------------------------------------------- 550. 62
Total miles of railroad owned, 711.51, of which 578.88 have been subsidized with a
land-grant from the United States.
The southern division is leased to and operated by the Central Pacific Railroad
Company; lease terminable in five years from January 1, 1880, or when eastern con-
nections are made.
The quantity of land covered by the grants to this company is estimated by the
General Land Office at 9,520,000 acres.
The quantity patented to the company to June 30, 1880, was 1,048,090.65 acres, of
which the sales to the same date have been 279,623.40 acres, at an average price of
$3.64 per acre, amounting to $1,017,255.89. Sales are made for cash, or part cash, and
the balance in five years' time, with interest at seven per cent. per annum, payable
in advance. Of the above sales 120,000 acres have been sold for cash at about $2 per
acre, and the remainder, 160,000 acres, on credit at nearly $5 per acre.
The proceeds of land sales are applied exclusively to the redemption of the com-
pany's bonds.
The quantity of land vested and unsold June 30, 1880, may be estimated at 5,407,553
acres, worth, at a fair average value, $1.25 per acre. The company’s estimate of the
value of the grants from the United States, as stated in their last annual report to
their stockholders, is upwards of $40,000,000.
The company's estimates, on account of both grants, are as follows: .
Acres.
Main line, San José to Needles------------------------. ---------. ---- 7,523,072.00
Branch line, Mojave to Yuma------------------------------- --- - ---- 4,441,088.00
Estimated total number of acres granted.---------------------------- - 11,964, 160.00
Less total number of acres sold to June 30, 1880........ --...----...-- 279,623.40
Estimated number of acres unsold to June 30, 1880................... 11,684,536.60
Estimated quantity earned by construction of road................... 7,413,760.00
Estimated quantity capable of being earned ------------------------. 4, 550, 400.00
Total.-------------------------------------------------------- 11,964, 160.00
The land agent of the company says: “It is difficult to estimate the quantity of
land that will eventually inure to the company from these land grants, as there are in-
cluded within the limits large areas of Spanish grants and lands otherwise excepted.
It is not at all probable that there will be sufficient available lands belºnging to the
United States within the indemnity limits to make good these deficiencies.” He also
says: “At the time this grant was made the value of the lands was rated as trifling,
as the best land in Southern California had long been held and occupied by Spanish-
speaking residents and their descendants, and was devoted almost wholly to grazing
purposes, several, acres in the average being required per head of stock. So broken,
dry, and forbidding in aspect was the remainder still under the disposition of the Gov-
ernment that no one, at that day, imagined it could be of the slightest assistance to-
ward the building of the road, and the greater part of it so remains to this day. It
resembles, and is commonly known as “desert land,’ totally incapable of being made
useful for the support of vegetation or animal life. However, where there is running
water sufficiently near, portions of it may be used for pasturage. The Southern Pa-
cific Railroad Company would be glad to co-operate with the Government in any plan
whereby its alternate sections could be leased or sold in large unbroken tracts for
grazing; and there are millions of acres which it would be willing to sell for such
purposes outright at 20 cents an acre.” On the other hand, the company, in its
printed annual report to the stockholders, speaks in the highest terms of its lands.
The following extracts are taken from the report of the land commissioner: “I can-
VALUE OF LANDS AND COST OF PACIFIC RAILROADS. 931
not forbear, in this connection alluding once more to the immense increase in agri-
cultural productions, and to the surprising effect of irrigation upon land in Southern
California.”
“Lands previously of no value but as cattle ranges are now becoming the home-
steads of thrifty, industrious families.” “By the use of water the valuable lucern
known as alfalfa has been introduced, and makes it possible to sustain a greater
number of cattle.” “This wonderful clover can be cut three or four times in a season,
realizing to the acre ten or twelve tons of hay per annum.” “But all that part of the
State in which this company's lands are situated is especially adapted by climate, soil,
and situation to the raising of semi-tropical fruits.” “Even where water, through
canals, cannot be procured, the lands sell, the purchaser being able, by boring a well
and the assistance of a “wind-mill,’ to cultivate acres enough to support a family.
Waste or “desert lands' are thus made available or useful.”
In regard to the “mussel slough” lands, about which there has been some trouble
between the company and the settlers, the land agent says: “Had it not been for the
discovery that portions of the land in the San Joaquin and Tulare valleys are suscep-
tible to irrigation by diverting the streams from the mountains upon them by means
of extensive canals and systems of irrigating ditches, the best lands of the campany
Would have been unsalable to this day, and, like the other portions referred to, would
have been regarded as desert lands. So soon as this was made obvious, a number of
that improvident and speculating class to be found in all communities rushed in upon
the lands within the limits of the grant, and, in defiance of the law and the officers of
the courts, sought to set up claims as pre-emptors or technical “settlers.” Their very
presence, their threats as well as their open resistance to the company, with the aid of
demagogues who sought to profit by their trespass, made it difficult or impossible for
the company to dispose of the lands in the vicinity. In this lawless way the wishes
of the railroad company and the purposes of Congress in making the grant were de.
feated. But for this untoward interruption of the course of law, which has only very
slowly been condemned by the executive and judicial officers, the company would
have been enabled to transfer into the hands of solid and respectable persons many
thousands of acres, and with the traffic derived from their cultivation, it would have
been able to prosecute the work on the remaining gap in its lines of road.
To June 30, 1880, the cost of construction of the 711.51 miles of railroad owned by
this company was $62,919,109.72, and of equipment, $1,848,533.81. Total cost,
$64,767,643.23, or at an average rate of $91,082 per mile.
#

GENERAL RECAPITULATION TO JUNE 30, 1880.
Northern Pa- | Union Central | Atlantic and | Southern Pa-
cific. route. Pacific. cific. Texas Pacific. *Total.
1 | Acres land granted, if all received.------------------------------------. 57,920,000 41,458, 924 51,840, 000 11,967, 488 18,000,000 181, 186,412
2 | Acres estimated to be obtained.-----------------------------...--------. 42, 500,000 32,200, 813 17,008, 150 10,445,000 12,000,000 114, 153,963
8 || Acres earned by construction, and vested.-----------...--...----------. 15,000,000 30,419, 181 1, 140,000 5, 687, 176 | None ......... 52,246,357
4 || Acres patented to companies...---. -------------------------------------. 746, 509 8, 388,155 504, 536 1,048,090 | None . . . . . . . . . 10,687,290
§ | Acres sold by companies ----------------------------------------------. 2, 600,000 5,469,004 215,000 , 623 | None .... ... 8, 563,627
6 Amount realized from sales.-------------------------------------------. $9,000,000 $25,742,789 $623,750 $1,017, 256 | None . . . . . . . . $36,383,795
7 | Average price per acre-------------------------------------------------. $3. 4. 71 $2. 3.64 | None ........ .25
8 || Acres vested, unsold.--------------------------------------------------. $12,400,000 24, 950, 177 925,000 5,407, 553 | None ........ 43,682,730
9| Estimated value -------------------------------------------------------. 31,000,000 $39,280,499 $1,850,000 $6,759, 441 | None . . . . . $78,889, 940
10 || Acres unvested by reason of non-construction.......................... 27, 500,000 1,781, 632 15,868, 150 4, 757,824 12,000,000 61,907, 606
11 Estimated value -------------------------------------------------------. $68,750,000 $4,454,080 $31,736,300 $5,947, 280 $24,600,000 $134,887,660
12 Miles subsidized with lands.-------...---------------------------------. 2,450 $3,187.82 2,500 929 : *; 10,967.82
18 Miles constructed or owned.-----------------------------------......... 680 3,414.92 175 ‘ī; *444 5,424.92
14 | Cost of same ------------------------------------------------------------ $24,353,416 $318,352,888 f$30,691, 974 $64,767, 643 $27,418, 108 $465, 584,020
15 Cost per mile of same --------------------------------------------------. 35, 813 | $93,224 $80,768 $91,082 $61, 7 $82,698
16 Miles to be constructed.------------------------------------------------ 1,865 189, 19 2, 325 350 840 6, 136. 19
17 | Estimated cost of same-------------------------------------------------. $50,110,000 || $5,600,000 $58,125,000 $10,500,000 $43,710,000 $168,045,000
18 Cost per mile of same -------------------------------------------------- $26,868 $40,000 $25,00 $30,0 $27,385
19 || Total miles of route or system ------------------...---------------------. 2,700 3, 554 2,500 0. 1, 901 | . 11, 584
20 | Total cost of same------------------------------------------------------- $75,000,000 || $323,952, 888 $88, 816,974 $75,267, 643 $71,128, 108 $634, 165, 613
2| | Total cost per mile of same --------------------------------------------- $28,000 91, 1 $35,526 81,020 37, 416 54,745
22 || Estimated present cost of similar railroad...... --...--...----............. $75,000,000 $91,069,300 $50,000,000 $23,225,000 $47, 525,000 $286, 819, 300
23 Estimated cost of same per mile ---------------------------------------. $28,000 $25,624 $20,000 y $20,000 $24,760
* Unsubsidized. t 880 miles.
BONDED INDEBTEDNESS TO U. S. OF PACIFIC RAILROADS. 933
From this recapitulation it will be seen that there remain “unvested,” by reason of
non-construction of the respective railroads for which grants were made, the follow-
ing lands:
- Acres.
Northern Pacific------------------------------------------------- tº e m we - - - 27,500,000
California and Oregon.------------------------------------------------- 1,781,632
Atlantic and Pacific-------------------...------------------------------- 15,868, 150
Southern Pacific-------------------------------------------------------- 4,757,824
Texas and Pacific ------------------------------------------------------ 12,000,000
Of these railroads the Northern Pacific, the Atlantic and Pacific, and the Texas and
Pacific are vigorously pushing forward the work of construction; and it may be rea-
sonably calculated that these railroads will be completed within the next three years.
The California and Oregon uncompleted road extends from Redding to the northern
line of the State of California, a distance of about 150 miles, and the country there is
of such a mountainous character as to require heavy work and great expense; so
much so that it is very doubtful if the road will be ever built.
The Southern Pacific uncompleted road extends from Tres Pinos to Huron, across
the coast range—a difficult and costly line—and from Mojave to the eastern line of
the State of California, at or near a point called “The Needles,” over a desert coun-
try. Neither of these parts of the Southern Pacific are under construction, and, as
in the California and Oregon case, it is very doubtful when they will be built, if ever.
As to the forfeiture of any of these grants, the opinion of the Attorney-General of
the United States in the case of the Atlantic and Pacific Railroad Company is given
on page 111 of my last annual report.
The Northern Pacific act is similar to that which granted lands to the Atlantic and
Pacific in respect to the provisions for any action by Congress looking to a completion
of the road.
The Texas and Pacific act contains no provision of the kind referred to, and has no
section or clause providing for any repeal of the charter or grants.
The Southern Pacific obtained its grant under the Atlantic and Pacific charter, and
is subject to the same conditions as that company.
The California and Oregon act, page 178 of Auditor's Report for 1880, in section 8,
provides that “all the lands not conveyed by patent to said company or companies,
as the case may be, at the date of any such failure, shall revert to the United States.”
- THEOS. FRENCH,
Auditor of Railroad Accounts.
INDEBTEDNESS OF THE PACIFIC RAILROADS TO THE UNITED STATES
FOR BOND-SUBSIDIES TO JUNE 30, 1882.
[See page 1274.]
The following tables are taken from the Annual Report of the Commissioner of Rail-
roads for 1882:
CONDITION OF THE BOND AND INTEREST ACCOUNTS OF THE PACIFIC RAILROADS.
The following statement of the condition of the accounts with the several Pacific
Railroad companies, so far as regards moneys which have been actually covered in to
their credit, is obtained from the public debt statement for June 30, 1882. No account
is taken of moneys in the sinking funds held by the Treasurer of the United States, or
of the compensation for services performed by them for the Government at that time
remaining unsettled by the accounting officers, and under the heading “Interest paid
by the United States” the semi-annual payment due July 1, 1882, is included:

Interest repaid by com-
panies.
Interest ac-|Interest paid Balance of
- Principal : 4 - 1 | interest paid
Name of railway. - crued and by the United : By cash -
outstanding. not yetpaid. States. By transpor payments 5 by gºited
tation serv- per cent. of -
| ices. net earn-
IngS.
--- |
| | º
Central Pacific------- $25,885, 120 00 $776,553 60,321,899,448 07:33,812,411 95.4648,271 96 $17,438,764 16
Eansas Pacific....... 6,383,000 90 189,990 99 5,731, 15399; 2,725, 458 33|------------ 3,025,694 76
Union Pacific........ 27, 236, 512 00 817, 095 36 23, 323,659 69 8,453, 537 391-----...-:- 14, 870, 122 09
Central Branch U.P. 1,600,000 00. 48,000 00 1,453,808 26 124,639 85 6,926 91 | 1,322, 241 50
Westerit Pacific . . . . . 1, 970, 560 00, 59, 116 80. 1, 550, 015 34 9, 367 00|- - - - - - ..... 1, 540, 648 34
Sioux City and Pacific 1,628, 320 00. 48,849 60. 1,366,598 29 95, 278 57|- - - - - - - - - - - - 1,271, 319 72

|
Totals ----..... 64,623,512 001,938,705 36 55,344,682 7415,220,693 30 655, 198 87 || 39,468, 790 57
*.
934 BONDED INDEBTEDNESS To U. S. of PACIFIC RAILROADS.
Appendix Z shows the totalindebtedness of the several subsidized Pacific Railroads
to the United States on June 30, 1882, to be as follows:
e TOTAL DEBT.
Union Pacific:
Principal -------------------------------------- $33,539, 512 00
Accrued interest ------------------------------- 30,080,998 14
3,620,510 14
Central Pacific: $63,
Principal -------------------------------------- 27,855,680 00
Accrued interest ------------------------------ . 24,285, 133 81 :
e º 52, 140,813 81
Sioux City and Pacific:
cipal -------------------------------------- 1,628,320 00
Accrued interest ------------------------------- 1,415,447 89 -
3,043,767 89
Central Branch Union Pacific:
Principal ----------------- * e º sº * * * * * * * * * * * * * * * * * 1,600,000 00
Accrued interest ------------------------------- 1,501,808 26 -
3, 101,808 26
Total -------------------------------------------...----------- 121,906,900 10
TOTAL CREDIT.
Transportation services performed and money paid into the Treasury:
Union Pacific ------------------------------------------------. 12,360, 603 35
Central Pacific ----------------------------------------------- 6,004,665 17
Sioux City and Pacific -----------------------------------..... 95,278 57
Central Branch Union Pacific --------------------------------. 131,566 76
Total:------------------------------------------------------ 18,592, 113 85
Balance in favor of the United States, but not due until maturity of
the principal, 1895–999 - - - - - - - - .*, * * * * * * * * * * * * * * * * e º ºs -- - - - - - - - - ----- 103,314,786 25
NOTE:-The value of the lands granted the Pacific and other Land Grant Railroads
is estimated to be $391,804,610.16. [See page 753 herein.]
CONDITION OF THE SINKING-FUND ACCOUNTS.
[See page 1275.]
The recommendation is renewed that section 4 of the act of May 7, 1878, be so
amended as to embrace the subsidy portion of the Kansas Division of the Union Pa-
cific Railway, the Central Branch Union Pacific Railroad, and the Sioux City and
Pacific Railroad, within the operations of said act requiring the establishment of
sinking funds and the payment of “twenty-five per centum of net earnings.” The
annual requirement as to the Kansas Division should be a sum not less than $300,000,
and as to the two other roads, it is believed that $60,000 each would not be an un-
reasonable requirement. -
Appendix 8 of this report shows in detail the condition of the sinking funds of the
Union and Central Pacific Companies, respectively, held by the Treasurer of the
United States under the act of Congress approved May 7, 1878, from which it will be
seen that on June 30, 1882, these funds amounted to $2,716,221.68, the Central Pacific
having to its credit $1,534,614,26, and the Union Pacific, $1,181,607.42.
Investments have been made by the Secretary of the Treasury as follows:

Jnion Pa- Central Pa-
Character of bonds. cific. cific. . Total.
Funded loan of 1881, 5 per cent ----------------...---------. $256,450 00 $194, 900 00 $451,350 00
Funded loan of 1907, 4 per cent ----------------------------. 32,650 00 199,100 00 231,750 00
Currency sixes, 6 per cent ---------------------------------. 361,000 00 444,000 00 805,000 00
Principal --------------------------------------------. 650, 100 00 838,000 00 1,488, 100 00
Premium paid. --...- * * * * * * * * * * * * * * * * .* * * * * * * * * * * * * * * * * * 124,065 43 168,727 73 292,793 16
Total cost --- ---------------------------------------. 774, 165 43 | 1,006, 727 73 || 1,780,893 16
The last investment was made April 6, 1881, at which time a premium as high as 35
per centum was paid, but repeated protests have been made by the companies against
the heavy cost of these investments.
i
REGULATIONS FOR ADJUSTMENT OF RAILROAD LAND GRANTs. 935
On June 30, 1882, the amounts remaining in the Treasury uninvested were as follows:
Credit of the Central Pacific------------------------------------------- $527,886 53
Credit of the Union Pacific -------------------------------------------- 407,441 99
Total.----------------------------------------------------------- 935,328 52
on which the above companies are receiving no interest whatever.
These statements are made quarterly, in the public debt statement, and can also be
found in the annual report of the commissioner of railroads.
GENERAL LAND-OFFICE, REGULATIONS FOR.
ADJUSTMENT OF RAILROAD LAND GRANTS.
IN EFFECT DECEMBER 1, 1883.
The following circular instructions to registers and receivers, show the method of
adjustment of railroad grants, and embody regulations in force June 30, 1883, (modi-
fied by rulings since November 7, 1879) with forms for verification of lists of selections,
and also plats of survey of such roads, and railroads claiming right of way over the
public lands. (See volume of rulings and decisions from July, 1881, to June, 1883.
General Land Office, June, 1883, pages 349 to 410.)
RAILROAD DIVISION. (F.)
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
Washington, D. C., November 7, 1879.
REGISTERS AND RECEIVERS, UNITED STATES LAND OFFICES:
GENTLEMEN: The following * * * circular instructions, relating to railroad
grants, embrace the various regulations now inforce under the rules and decisions of
the Department respecting the subject, together with forms for selection, verification
of lists, and proper certification and authentication of plats of survey of such rail-
roads, and railroads claiming the right of way through public lands, and a table
showing the respective granting acts, with reference by volume and page to the stat-
utes containing the same.
These instructions are communicated for the guidance of district officers, surveyors-
general, executives, and agents of States, officers of railroad corporations, and others
having an interest in the matters recited; and they supersede those of June 24, 1875.
You will be governed by the regulations herein prescribed.
Very respectfully, J. M. ARMSTRONG
º Acting Commissioner.
REGULATIONS CONCERNING RAILROADS.
Modified in some instances by rulings since November 7, 1879.-(See Annual Reports Gen-
eral Land Office, 1880–81, and Decisions of the Department of the Interior from July,
1881, to June, 1883. Pages 349 to 410.)
I.
RULINGS RESPECTING HOMESTEAD AND PRE-EMPTION CLAIMS.
Under the provisions of the acts of Congress granting lands to aid in the construc-
tion of railroads, wherein there are excepted from such grants the lands to which a
valid pre-emption, or homestead right had attached at the time when the grant may
have become effective, the Department has decided as follows:
1. A homestead entry, made by a person duly qualified, which is in all respects
regular and legal, excepts the land covered thereby from the operation of a railroad
grant attaching during the existence of such entry. -
Under this ruling it is no longer necessary to hold investigations for the purpose of
inquiring into the period of residence of the claimant, his acts respecting settlement
upon and cultivation of the tract, etc.; but, if the entry appears upon its face to be
valid, no hearing will be ordered.
*
}
936 REGULATIONS FOR ADJUSTMENT OF RAILROAD LAND GRANTs.
In case, allegations are presented by a railroad company tending to show fraud or
irregularity in the initiation of the entry, proper opportunity will be afforded for the
presentation of proof thereof. -
The law (section 2289, United States Revised Statutes) requires that a person mak-
ing a homestead entry must be over twenty-one years of age, or the head of a family,
and a citizen of the United States, or have declared his intention to become such;
and, at the time of making such entry, he must swear that it is made for the purpose
of cultivation, and hot directly or indirectly for the use and benefit of any other
person.
The foregoing regulation has reference only to lands within the granted limits of
railroads, the Supreme Court of the United States having recently decided, in the
case of Michael Ryan vs. Central Pacific Railroad Company, that the right to indem-
nity lands does not attach until those lands are regularly selected. Where, however,
entries or filings have been admitted upon lands within the indemnity limits of any
railroad grant, they will be allowed to stand awaiting the final adjustment of such
grant, when, if the tracts are not required in satisfaction thereof, the entries or filings
may be consummated. -
2. A pre-emption claim which may have existed to a tract of land at the time of
the attachment of a railroad grant, if subsequently abandoned and not consummated,
even though in all respects legal and bona fide, will not operate to defeat the grant,
it being held that upon the failure of such claim the land covered thereby inures to
the grant as of the date when such grant became effective.
Under this ruling, therefore, no hearings can be ordered for the purpose of ascertain-
ing the facts respecting the settlement, occupation, improvement of the lands, etc.,
by such pre-emption claimant, for even if such facts were established, still, under the
decision, the land inures to the grant.
II.
APPLICATION BY RAILROADS TO SELECT LANDS PREVIOUSLY COVERED BY ENTRIES.
Where application is made by the agent of a railroad company to select lands on
which homestead entries existed at the time the railroad grant took effect, but which it
is alleged were fraudulent or irregular in their inception, you will order hearings to
determine the status of the entries, giving at least thirty days' notice in writing of
the time and place of such hearing to all persons interested. -
At such hearing your inquiries should be directed to the personal qualifications of
the homestead party, and all facts touching the regularity of the entry. Inquiry
respecting the residence of, and cultivation by, the party need not be made.
At the close of the hearing you will transmit to this office the testimony, prefaced
by copies of the notices served, with your joint opinion thereon.
Where application is made by a railroad company to select lands on which pre-emp-
tion filings having heretofore been made and canceled, or where the same have ex-
pired by limitation of law, no other claim or entry appearing of record, you will admit
the selections, in accordance with the rules governing in the premises herein com-
ºl. No proofs by the companies concerning such claims will hereafter be
required. -
III.
APPLICATIONS BY SETTLERS TO ENTER LANDS COVERED BY RAILROAD WITHDRAWALS.
Whenever an application to file or enter is presented, alleging upon sufficient prima
jacie cause that the land is excepted out of the railroad grant, you will give notice
thereof to the proper representative of the railroad company within whose grant the
land applied for is situated, and allow thirty days within which the company may
present objections to the allowance of such filing or entry. Should the company fail
to respond, or show any reason why, in your judgment, the application should not be
allowed, you will admit it, but should the company present any allegations of the char-
acter contemplated in the preceding section, you will order an investigation, and be
governed by the instructions therein given.
Whenever an application is presented which you deem it your duty to reject, you
will indorse upon such application the date of its presentation and your reasons for
rejection; and upon appeal being taken therefrom in the manner and within the period
prescribed by the Rules of Practice of the Department, you will forward the rejected
application as a basis for your report to this office, together with the appeal and other
papers which may be filed with you for that purpose. Your report should set forth
in full the status of the land as shown by your records, including all filings, entries,
remarks, and notes found thereon, or such reference to the same as will present the
entire case to the attention of this office. . .
- O
REGULATIONS FOR ADJUSTMENT OF RAILROAD LAND GRANTS. 937
IV.
SELECTIONS BY RAILROAD COMPANIES.
By the seventh paragraph of section 2238 of the Revised Statutes it is provided that
in the location of lands by States and corporations under grants from Congress for
railroads and other purposes (except for agricultural colleges), the register and re-
ceiver shall each be entitled to a fee of one dollar for each final location of one hun-
dred and sixty acres, to be paid by the State or corporation, making such location.
1st. Under this law the registers and receivers are each entitled to receive a fee of
one dollar for each final location of one hundred and sixty acres, or any quantity ap-
proximate thereto when the deficit is less than forty acres.
2d. When the several quantities shall have been definitely ascertained by you to in-
ure to the grant, as hereinafter prescribed, the fees will then be due thereon.
3d. The State, through its grantee, or the grantee, as the case may be, is required to
file with the register and receiver of the proper land office descriptive lists of the tracts
of land claimed as inuring under the grant within sections of miles each along
the line of route, on both sides thereof, to be dated and verified by the signature of
the selecting agent.
For agent's certificate, to be attached to each list, see Form A. -
The party appearing as the agent of the grantee must file with the register and re-
ceiver written and satisfactory evidence, under seal, showing his authority to act in
the premises.
In the preparation of the descriptive lists the register and receiver will afford the
agent all reasonable facilities, taking care, however, not to interrupt the current
public business. -
The lists must be carefully and critically examined by the register and receiver, and
their accuracy tested by the plats and records of their office.
When so examined and tested, and found correct in all respects, they will become
final locations, and you will, on the payment of the requisite fees to the receiver, so
certify at the foot of each list, according to Form B.
After such lists have been examined, and you have attached your certificate thereto,
the same will be consecutively numbered, commencing with No. 1, for each railroad
or separate grant. Upon the payment of the fees and certification of the lists by you,
the register will post the selections in the Tract Book after the following manner:
“Selected , 18—, by A. B., agent for the Rail—— Co., act —, list
No. —; ” and on the plats he will mark the tracts so selected “ R. R.”
After the selections are properly posted and marked on the plats, the lists will be
transmitted to this office, accompanied by the evidence of the agent's appointment.
It is required that clear lists of approvals shall in every case be made out by you,
or required of the selecting agents, after your examination of the tracts which you
are prepared to certify, showing clearly and without erasure the description of the
lands and the area of each tract; also the aggregate area, properly footed in the col-
umns, and set forth in the certificate.
For rejected selections you will then require a new application and list, with tender
of fees, upon which you will note opposite each tract the objections appearing upon
your records, and indorse thereon in full your reasons for refusing to certify the
S3,0162.
Should the agent appeal, you will allow him to file the points of exception to your
ruling in writing, properly drawn and dated, which, when completed, you will for-
ward to this office. No erasures should appear in such lists. The rejection will suf-
ficiently appear from your notes and indorsements, and, if finally admitted, the lists
will then be in complete and perfect order for filing. To secure uniformity, and to
make the lists convenient for binding, properly ruled blanks will be furnished upon
application.
Lists containing erasures received at this office will not be filed, but will be re-
turned to you for perfection.
4th. The fees will be due in all cases where the service may have been rendered
8wbsequent to the passage of said act of 1864. # -
5th. The receiver will account for the fees thus paid in his monthly and quarterly
accounts, specially setting forth in the same the particular case or cases on which
such fees had accrued, giving the name of road, number, and date of the list of selec-
tions for which they had been paid.
6th. By joint resolution No. 10, of January 30, 1865, “mineral lands” are not em-
braced in the grants made at the first session of the Thirty-eighth Congress, unless
otherwise specially provided in the act or acts making the grants. (Revised Statutes,
section 2346.)
Form of title page to be prefixed to the lists of selections will be found herewith,
marked C.
938 REGULATIONS FOR ADJUSTMENT OF RAILROAD LAND GRANTs.
W.
INDEMNITY SELECTIONS FOR RAILROADS.
In the adjustment of grants for railroads the principle has, until recently, prevailed,
that indemnity was allowed for all lands sold, reserved, or disposed of within the
granted limits, whether such sale, reservation, or disposal occurred before or after the
; act, and the certifications and patents have been executed in conformity
thereto.
In accordance with the recent decision of the Supreme Court in the case of the
Leavenworth, Lawrence and Galveston Railroad Company vs. United States (2 Otto,
733), it is held by the Department that indemnity can only be allewed for lands sold,
reserved, or disposed of in the granted limits by the General Government after the
granting act and prior to the time when the railroad right attached, unless the
grant be one of quantity specifically set forth in the act. In the adjustment of all
grants it consequently becomes necessary to know for what lands lost, in place the
indemnity selections are made, and with the view to that end you will require the
companies to designate the specific tracts for which the lands selected are claimed.
VI.
COSTS OF SURVEYING AND CONVEYING LANDS.
By a proviso to the act of Congress approved July 31, 1876 (19 Stat., p. 121), mak-
ing appropriations for sundry civil expenses of the Government, etc., it is declared:
“That before any lands granted to any railroad company by the United States shall
be conveyed to such company, or any persons entitled thereto under any of the acts
incorporating or relating to said company, unless such company is exempted by law
from the payment of such cost, there slall first be paid into the Treasury of the United
States the cost of surveying, selecting, and conveying the same by the said company
or persons in interest.”
It has been decided by the Department that in the adjustmnt of all railroad grants
falling within the terms of that act the requirements thereof must be complied with.
No certifications or patents can issue, therefore, to any railroad company affected by
theºatute until the costs of surveying, selecting, and conveying the lands have been
paid.
The cost of surveying includes the expense of field and office work, and must be
paid in the manner indicated in subdivision VII of this circular.
The cost of selecting is fixed by section 2238 of the Revised Statutes, before referred
to, and payment thereof will be governed by the regulation prescribed in subdivision
IV of these instructions.
The cost of conveying will be governed by the rates fixed by law for the prepara-
tion of certified copies, namely, fifteen cents for each one hundred words or fraction
thereof. As a patent is required to be recorded, the payment must be made at double
those rates, or at the rate of thirty cents for each one hundred words, in order that
the necessary expense of conveying the land may be covered.
The provisions of the said act are construed as not applying to grants made to States
to aid in the construction of railroads not named in the granting act; but where the
grant is to a State in trust for the benefit of a company named—where the State is
simply an intermediary and not a beneficiary—the payment required must be made.
VII.
PACIFIC RAILROADS UNDER ACTs of CONGRESS APPROVED JULY 1, 1862, AND JULY
2, 1864
y tº
By section twenty-one of the latter act, these companies are required to pay the cost
of surveying and conveying the lands, in addition to the register's and receiver's fees
exacted by section 2238 of the Revised Statutes, before mentioned. This cost of sur-
veying and conveying is, by the decision of the United States Supreme Court at the
December term, 1872, applicable to all the lands granted by acts of July 1, 1862, and
July 2, 1864. Therefore, the “cost” will be assessed and collected on all the lands
within twenty miles from the line of the road, where the grant is under both acts.
To ascertain the cost of “surveying,” which includes both surveying in the field and
office work, the company will apply to the surveyor-general of the State or Territory
in which the lands are situated. Upon ascertaining the sums due for surveying and
office work for the “section or sections of road” for which selections have been or
are to be made, a deposit of those sums must be made, to the credit of the Treasurer
of the United States, with an authorized depositary. The duplicate of deposit must
be filed with the surveyor-general; whereupon he will transmit to the register and
REGULATIONS FOR ADJUSTMENT OF RAILROAD LAND GRANTs. 939
7
receiver of the proper land office his certificate of such payment having been made,
specifying how much was for surveying and how much for office work, as per Form D.
The surveyor-general’s certificate .# the evidence of the agent's appointment must
accompany the lists of selection when transmitted by you to this office.
Let me here again direct your attention to the necessity of great care in the examina-
tion and testing of these lists, so that all conflicts may be avoided and improper selec-
tions be excluded, and that the verified schedules may be absolutely accurate, thus.
avoiding embarrassment and delay to all concerned.
In the fourth section of the act of July 2, 1864, it is provided that the word “min-
eral,” when it occurs in that act, shall not be held to include coal and iron. There-
fore, iron and coal lands are subject to selection by the Pacific railroads; but all other
minerals are expressly excluded from the grant, and must necessarily be so from aii
selections you may certify to this office.
VIII.
RELINQUISHMENTS BY RAILROADS IN FAVOR OF SETTLERS.
By an act of Congress approved June 22, 1874 (18 Stat., p. 194), it is provided—
,, That in the adjustment of all railroad land grants, whether made directly to any
railroad company or to any State for railroad purposes, if any of the lands granted be:
found in the possession of an actual settler whose entry or filing has been allowed:
under the pre-emption or homestead laws of the United States subsequent to the time
at which, by the decision of the Land Office, the right of said road was declared to have
attached to such lands, the grantees, upon a proper relinquishment of the lands so.
entered or filed for, shall be entitled to select an equal quantity of other lands in lieu
thereof from any of the public lands not mineral, and within the limits of the grant,
not otherwise appropriated at the date of selection, to which they shall receive title
the same as though originally granted. . And any such entries or filings thus relieved
from conflict may be perfected into complete title as if such lands had not been granted:
Provided, That nothing herein contained shall in any manner be so construed as to en-
large or extend any grant to any such railroad, or to extend to lands reservèd in any
land grant made for railroad purposes: And provided further, That this act shall not be
construed so as in any manner to confirm or legalize any decision or ruling of the In-
terior Department under which lands have been certified to any railroad company when
such lands have been entered by the pre-emption or homestead settler after the loca-
tion of the line of the road and prior to the notice to the local land office of the with-
drawal of such lands from market.”
By reference to the foregoing it will be perceived that an inducement is offered to
such railroad companies as may be found entitled to lands held by actual settlers un-
der the pre-emption or homestead laws to relinquish in favor of the settlers, and re-
ceive other lands in lieu of those surrendered.
Upon the filing of such relinquishment this office is authorized to recognize the fil-
ing or entry of the settler in the same manner as if the land had not been granted to.
the railroad company.
To facilitate the adjustment of conflicting claims and give effect to the provisions.
of the act, the following rules are established :
1. When the superior right of the company is ascertained, and it is found that the
claim of the settler is such that it would be admitted were the railroad claim extin-
guished, this office will, in all practicable cases, direct the attention of the officers of
the company to the fact, and request an explicit answer whether or not the land will
be relinquished.
At the same time it will be well for the party interested to seek for himself the relief
indicated by direct application to the railroad authorities, and thereby aid in secur-
ing a speedy and satisfactory adjustment.
2. Relinquishment may be made by a simple waiver of claim where the patent or its
equivalent has not been issued in behalf of the company; but where title has passed,
formal reconveyance will be required, as in other cases of the surrender of patents.
3. When making relinquishment, the company will be permitted to name the tract
selected as indemnity; and in order that conflict with pending applications may be
avoided, such relinquishment and selection should be filed with the register and re-
ceiver, and be noted upon their records, before transmission to this office.
But in case the company desires to relinquish at once in favor of the settler, and
trust to future selections for indemnity, such relinquishment may be sent direct to
this office, and upon its receipt will be noted on the books, and the claim of the settler
will be immediately released from suspension.
4. The selections must be of lands, not mineral, within the limits of the grant and
withdrawal, free from other claims, and not reserved or otherwise appropriated at date
of selection.
5. Where fees have been paid upon the original selections they will be applied to
the indemnity. Where tracts not yet formally selected are relinquished, fees will be
charged upon the indemnity selections.
940 REGULATIONS FOR ADJUSTMENT OF RAILROAD LAND GRANTS.
6. The selections will be reported by the register and receiver in the same manner
as original selections, with a reference to the act by its date and title; and opposite
each tract annotation will be made of the tract surrendered, and the name of the set-
tler in whose favor it is relinquished, with the number of his entry or filing. (See
Forms E and F.)
Properly ruled blanks will be furnished for convenience in making the selections.
As the act is not mandatory upon the companies, but simply provides a mode of ad-
justment depending upon their voluntary action, and as the relief proposed is vital to
many settlers, who through error resulting from various causes have made homes upon
the lands granted, it is hoped that by a liberal and mutual spirit of compromise and
concession on the part of settlers and railroad officials its beneficent provisions may
be made available, and substantial advantages to all may be secured at small Gost and
trouble to the parties concerned; and although the adjustments will involve this
office in a large amount of labor, it will be cheerfully undertaken for the purpose of
accomplishing a result so desirable.
IX.
CONFIRMATION OF PRE-EMPTION AND HOMESTEAD CLAIMS IN RAILROAD LIMITS.
On the 21st of April, 1876, Congress, by an act entitled “An act to confirm pre-emption
and homestead entries of public lands within the limits of railroad grants in cases
. such entries have been made under the regulations of the Land Department,”
declared:
“That all pre-emption and homestead entries, or entries in compliance with any law
of the United States, of the public lands, made in good faith by actual settlers, upon
tracts of land of not more than one hundred and sixty acres each, within the limits of
any land grant, prior to the time when notice of the withdrawal of the lands em-
braced in such grant was received at the local land office of the district in which such
lands are situated, or after their restoration to market by order of the General Land
Office, and where the pre-emption and homestead laws have been complied with, and
proper proofs thereof have been made by the parties holding such tracts or parcels,
§: shall be confirmed, and patent for the same shall issue to the parties entitled
thereto.
“SEC. 2. That when at the time of such withdrawal as aforesaid valid pre-emption
or homestead claims existed upon any lands within the limits of any such grants
which afterward were abandoned, and, under the decisions and ruling of the Land
Department, were re-entered by pre-emption or homestead claimants who have com-
plied with the laws governing pre-emption or homestead entries, and shall make the
proper proofs required under such laws, such entries shall be deemed valid, and
patents shall issue therefor to the person entitled thereto.
“SEC. 3. That all such pre-emption and homestead entries which may have been
made by permission of the Land Department, or in pursuance of the rules and instruc-
tions thereof, within the limits of any land grant at a time subsequent to expiration
of such grant, shall be deemed valid, and a compliance with the laws and the making
§: the pººl shall entitle the holder of such claim to a patent therefor.” (19
tat., p. 35. -
It #sºred that every application under this act shall be in such form as to dis-
tinctly set forth the facts in the case, and the specific grounds upon which the party
applying claims to be included in the terms of the law; and after the application
shall have been filed the applicant shall be allowed to make proof of compliance with
the pre-emption or homestead laws as provided in this act.
Applications under this act must, in all cases, be made to the local land officers of
the district within which the land claimed is situated, and the proof required must
be taken before them, or before any person authorized by law to take the same.
No person shall be deemed to have lost any right who failed to make the proof
required by the pre-emption or homestead laws by reason of any decision or ruling of
this º prior to approval of this act, and all such persons may now make the proof
required. -
The proof must in all cases be filed with you, and you will transmit each case sepa-
rately to this office, with such information as is in your possession relative thereto.
X.
RIGHT-OF-WAY RAILROADS.
The following is a copy of an act of Congress approved March 3, 1875, granting to
railroads the right of way through the public lands of the United States:
“Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That the right of way through the public lands of the United
States is hereby granted to any railroad company duly organized under the laws of
*-
REGULATIONS FOR ADJUSTMENT OF RIGHT-OF-WAY GRANTS 941
any State or Territory, except the District of Columbia, or by the Congress of the
United States, which shall have filed with the Secretary of the Interior a copy of its
articles of incorporation, and due proofs of its organization under the same, to the
extent of one hundred feet on each side of the central line of said road; also the right
to take from the public lands adjacent to the line of said road material, earth, stone,
and timber necessary for the construction of said railroad; also grounds adjacent to
such right of way for station buildings, depots, machine shops, side-tracks, turn-outs,
and water-stations, not to exceed in amount twenty acres for each station, to the
extent of one station for each ten miles of its road.
“SEC. 2. That any railroad company whose right of way, or whose track or road bed .
upon such right of way, passes through any canyon, pass, or defile, shall not prevent
any other railroad company from the use and occupancy of the said canyon, pass, or
defile, for the purposes of its road, in common with the road first located, or the cross-
ing of other railroads at grade. And the location of such right of way through any
canyon, pass, or defile shall not cause the disuse of any wagon or other public high-
way now located therein, nor prevent the location through the same of any such
wagon road or highway where such road or highway may be necessary for the pub-
lic accommodation ; and where any change in the location of such wagon road is
necessary to permit the passage of such railroad through any canyon, pass, or defile,
said railroad company shall, before entering upon the ground occupied by such wagon
road, cause the same to be reconstructed at its own expense in the most favorable
location, and in as perfect a manner as the original road: Provided, That such ex-
penses shall be equitably divided between any number of railroad companies occupy-
ing and using the same canyon, pass, or defile.
“SEC. 3. That the legislature of the proper Territory may provide for the manner
in which private lands and possessory claims on the public lands of the United
States may be condemned; and where such provisions shall not have been made,
such condemnation may be made in accordance with section three of the act entitled
“An act [to amend an act entitled An act) to aid in the construction of a railroad
and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the
Government the use of the same for postal, military, and other purposes, approved
July first, eighteen hundred and sixty-two,” approved July second, eighteen hundred
and sixty-four.
“SEC. 4. That any railroad company desiring to secure the benefits of this act shall,
within twelve months after the location of any section of twenty miles of its road, if
the same be upon surveyed lands, and if upon unsurveyed lands, within twelve months
after the survey thereof by the United States, file with the register of the land office
for the district where such land is located a profile of its road; and upon approval
thereof by the Secretary of the Interior the same shall be noted upon the plats in said
office; and thereafter all such lands over which such right of way shall pass shall be
disposed of subject to such right of way: Provided, That if any section of said road
shall not be completed within five years after the location of said section, the rights
herein granted shall be forfeited as to any such uncompleted section of said road.
“SEC. 5. That this act shall not apply to any lands within the limits of any mil-
itary, park, or Indian reservation, or other lands specially reserved from sale, unless
such right of way shall be provided for by treaty stipulation or by act of Congress
heretofore passed.
“SEC. 6. That Congress hereby reserves the right at any time to alter, amend, or
repeal this act, or any part thereof.
“Approved March 3, 1875.” (18 Stat., p. 482.)
The regulations under the law are as follows:
I. Any railroad company desiring to obtain the benefits of the law is required to
file—
First. A copy of its articles of incorporation, duly certified to by the proper officer
of the company, under its corporate seal.
Second. A copy of the State or Territorial law under which the company was or-
ganized (when organized under State or Territoral law), with a certificate of the gov-
ernor or secretary of the State or Territory that the same is the existing law.
Third. When said law directs that the articles of association, or other papers con-
nected with the organization, be filed with any State or Territorial officer, the certi-
ficate of such officer that the same have been filed according to law, with the date of
the filing thereof. q
No forms are prescribed for the above portion of the “due proofs” required, as each
case must be governed, to some extent, by the laws of the State or Territory. Under
the following regulations proper forms will be found herein.
Fourth. The official statement, under seal, of the proper officer, that the organiza-
tion has been completed; that the company is fully authorized to proceed with the
construction of the road according to the existing law of the State or Territory; and
that the copy of the articles filed with the Secretary of the Interior is true ahá cor.
rect. (See Form I.)
942. REGULATIONS FOR ADJUSTMENT OF RIGHT-OF-wAY GRANTs.
Fifth. A true list, duly verified by the sworn statement of the president, under the
seal of the company, showing the names and designation of its respective officers at
the date of the presentation of the proofs at the Department. (See Form II.)
These may be transmitted directly to the Secretary of the Interior, or through this
office, or they may be filed with the register of the land district in which the principal
terminus of the road is to be located, who will forward them to this office.
II. Upon the location of any section of the line of route of its road, not exceeding
twenty miles in length, the company must file with the register of the land district
in which such section of the road, or the greater portion thereof, is located, a map
for the approval of the Secretary of the Interior, showing the termini of such portion
of the road, its length, and its route over the public lands according to the public
surveys.
'The map must be filed within twelve months after the location of such portion of
the road, if located upon surveyed lands, and if upon unsurveyed lands, within twelve
months of the survey thereof. It must bear— -
“First. Affidavit of the chief engineer of the company (or person employed to make
the survey, if the company has no chief engineer), setting forth that the survey of the
line of route of the company's road from —— to , a distance of miles
(giving termini and distance), was made by him (or under his direction) as chief
engineer of the company, (or as surveyor employed for the purpose, if such be the
case), under authority of the company on or between certain dates (giving the same);
and that such survey is accurately represented on the map. If the affidavit is made
#. º iller engineer of the company, it must be signed by him officially. (See
Form III.)
“Second. Official certificate of the president of the company, attested by its secretary
under its corporate seal, regarding the person signing the affidavit, either as to his
being the chief engineer of the company or as to his employment by the company for
the purpose of making such survey; that the survey was made under authority of the
company; that the line of route so surveyed and represented by the map was adopted
by the company, by resolution of its board of directors of a certain date (giving the
date), as the definite location of the line of route of the company’s road from
to , a distance of miles (giving termini and distance), and that the map
has been prepared to be filed for the approval of the Secretary of the Interior, in order
that the company may obtain the benefits of the act of º: approved }º.
1875, entitled ‘An act granting to railroads the right of way through the public lan
of the United States.” (See Form IV.)
III. It will be observed that the requirements of the law regarding the filing of the
proper papers and maps are conditions precedent to the obtainment of the right to
construct a railroad over the public lands, or to take therefrom material, earth, stone,
and timber for its construction, or to occupy them for station or other purposes. It
is therefore imperative that proper steps, as pointed out in this circular, should be
taken by a company, and the approval of the Secretary of the Interior obtained, prior
to the construction of any part of its road or its occupancy of the public lands in any
†13 Ill) eI’. -
IV. Should the company desire to construct its road over lands prior to their sur-
vey, it may file, in manner as heretofore indicated, a map of its surveyed route, with-
out waiting until the lands are surveyed, and, upon approval thereof, may proceed
with construction, but, immediately on the survey of the lands over which the road
passes, the company must also file a map showing the line of route of its road over such
tº. º order that the proper notes and records for the protection of its rights may
€. In 3,616.
W. Upon construction of any section of the line of its road the company must file
with the register of the proper land district, for transmission to this office, a map of
such constructed portion of road, bearing—
First. Affidavit of the chief engineer or person under whose supervision the portion
of the road was constructed that its construction was commenced on and fin-
ished on (giving dates); that the line of constructed road is accurately rep-
resented upon the map, and that it conforms to the line of located route which received
the approval of the Secretary of the Interior on (giving date). (See Form W.)
Second. Certificate of the president of the company, attested by the secretary under
the corporate seal, that the portion of the road indicated by the map was actually
constructed at the time as sworn to by the chief engineer of the company (or person
making the affidavit), and on the exact route shown on the map; that in its construc-
tion the road does not deviate from the line of route approved by the Secretary of the
Interior, and that the company has in all respects complied with the requirements of
§: act of March 3, 1875, granting right of way through the public lands. (See Form
Any variation within the limits of one hundred feet from the central line of the
road as located will not be considered a deviation from such line, but where, upon
construction, it is found necessary to transgress the limits within which the company
REGULATIONS FOR ADJUSTMENT OF RIGHT-OF-WAY GRANTS. 943
has right of way, the company must at once file proper map of amended route for
approval.
VI. If the company desires to avail itself of the provisions of the law which grants
the use of “ground adjacent to the right of way for station-buildings, depots, machine
shops, side-tracks, turn-outs, and water-stations, not to exceed in amount twenty acres
for each station, to the extent of one station for each ten miles of its road,” it must
file for approval, in each separate instance, a plat showing, in connection with the
tºº surveys, the surveyed limits and area of the grounds desired. Such plat must
C3I’—
First. Affidavit of the chief engineer or surveyor by whom or under whose super-
vision the survey was made, to the effect that the plat accurately represents the sur-
veyed limits and area of the grounds required by the company for station or other
purposes, under the law (stating the purposes), in (giving section, township,
range, and State or Territory); that the company has occupied no other grounds for
station or other similar purposes upon public lands within ten miles of the grounds
designated on the plat, and that, in his belief, the grounds so represented are actu-
ally and to their entire extent required by the company for the necessary uses con-
templated by law. (See Form VII.)
Second. Certificate of the president of the company, attested by the secretary under
the corporate seal, that the survey of the tract represented on the plat was made
under authority and by direction of the company by or under supervision of its chief
engineer (or person making the survey), whose affidavit is attached; that such sur-
vey accurately represents the grounds actually and to their entire extent required by
the company for station (or other) purposes in (giving section, township,
range, State or Territory), allowed by the provisions of the act of Congress approved
March 3, 1875, granting to railroads the right of way through the public lands; that
the company has no station or other grounds upon public lands within a distance of
ten miles from the grounds represented on the plat; and that the company, by reso-
lution of its board of directors of a certain date (giving the date), directed the proper
officers to present the plat for the approval of the Secretary of the Interior.in order
that the company may obtain the use of the grounds under the law above referred to.
(See Form VIII.)
VII. Registers at the various land offices are directed to require that such papers
and maps herein referred to as may be filed with them for transmission to this office
shall conform to these regulations. Where differences of opinion may arise between
themselves and the persons filing papers respecting the proper construction of these
requirements the papers may be transmitted with letter stating the differing opinions,
They are also instructed, in any case where information is received by them of the
construction of railroads within their districts, on the rights of which they have no
official knowledge, to promptly advise this office of the facts in order that proper in
formation or directions in the matter may be given them.
VIII. Action upon maps filed will be facilitated by presenting them in duplicate.
The attention of companies seeking the benefits of this act should be specially directed
to this suggestion, as serious delays and embarrassments are often incurred, through
the inability of this office, owing to its limited clerical force, to prepare the necessary
copies for transmission to the district offices.
Very respectfully,
J. M. ARMSTRONG,
Acting Commissioner.
DEPARTMENT OF INTERIOR,
November 7, 1879.
Approved.
C. SCHURZ,
Secretary.
ADDITIONAL INSTRUCTIONS.
For additional instructions relative to indemnity lands within the grants to rail-
roads, see circular of May 22, 1883, and Secretary of Interior's letter of July 11, 1883,
on pages 891 and 892 herein. &

944 FORMS USED IN LAND-GRANT Ai).JUSTMENTS.
FORMS FOR VERIFICATION OF LISTS OF SELECTIONS.
(A.)
OF j
County of , 88 :
I, , being duly sworn, depose and say that I am the land agent of the
, formerly the ; that the º; list of lands, which I hereby select,
is a correct list of a portion of the public lands claimed by the said Company
as inuring to , to aid in the construction of the from , for which
a grant of lands was made by the acts of Congress approved ; that the said
lands are vacant, unappropriated, and are not interdicted mineral nor reserved lands,
and are of the character contemplated by the grant, being within the limits of — miles
on each side of the line of route for a continuous distance of—miles, being for
section of said road, starting from and ending [
—. ILS.
Sworn and subscribed before me this —— day of , 18–-.
NOTE:-This affidavit may be made before either the Register or Receiver of the
United States Land Office.
(B.)
UNITED STATES LAND OFFICE,
—, is—
We hereby certify that we have carefully and critically examined the foregoing list
of lands claimed by the –—, under the grant to the –—, by act of Congress ap-
proved , and Sélected —— by ————, the duly authorized agent; and
we have tested the accuracy of said list by the plats and records of this office, and
that we find the same to be correct. And we further certify that the filing of said
list is allowed and approved, and that the whole of said lands are surveyd public
lands of the United States, and within the limit of miles on each side; and
that the same are not, nor is any part thereof, returned and denominated as mineral
land or lands, nor claimed as swamp lands, nor is there any homestead, pre-emption,
State, or other valid claim to any portion of said lauds on file or record in this office.
We further certify that the foregoing list shows an assessment of the fees payable
to us allowed by the act of Congress approved July 1, 1864, and contemplated by the
circular of instructions dated November 7, 1879, addressed by the Commissioner of the
General Land Office to Registers and Receivers of the United States Land Offices;
and that the said company have paid to the undersigned, the Receiver, the full sum
of , in full payment and discharge of said fees.
——, Register.
—— ——, Receiver.
(C.)
OF 9 -
UNITED STATES LAND OFFICE,
— is—
The −; under and by virtue of the acts of Congress entitled “
—,” and under and in pursuance of the rules and regulations prescribed by the
Commissioner of the General Land Office, hereby makes and files the following list of
selections of public lands claimed by the said company as inuring to it, and to which
it is entitled under and by virtue of the grants and provisions of the said acts of Con-
gress, and the location of the line of route of the of said company; being for
tho section (–miles) of the same, commencing at — and ending — ;
the selections being particularly described as follows, to wit: — —.
(D.)
UNITED STATEs SURVEYOR GENERAL's OFFICE,
# —, 18–.
I , Surveyor General for the United States in and for the , hereby
report and certify that the
certificate of deposit, No. —, dated
has this day filed with Ine, at , a duplicate
of the , to the credit of the Treasurer of
FORMS USED IN LAND-GRANT ADJUSTMENTS. 945
the United States, showing that the sum of $ has been deposited as cost of survey
and — for office work, and that the said sums are the correct amount of the cost
of survey and office work for the lands mentioned and described in the list of lands
hereto annexed, to the extent of said list.
Survey, $––.
Office work, $ ſº
In testimony whereof I have hereunto set my hand and official seal.
, Surveyor General.
RELINQUISHMENTS BY RAILROADS IN FAVOR OF SETTLERS.
(E.)
UNITED STATES LAND OFFICE,
y y
y 18—.
, – , agent of the –— Rail Company, hereby apply to select
the following described lands, in lieu of lands inuring to said company, under act of
, and surrendered by said company in favor of actual settlers thereon, as pro-
vided by act of June 22, 1874, entitled “An act for the relief of settlers on railroad
lands.” -
(F.) e.
UNITED STATEs LAND OFFICE,
- y
y
, 18—.
We hereby certify that we have carefully and critically examined the foregoing
list of lands claimed by the Rail Company, in lieu of lands heretofore
granted for said company, and selected by , the duly authorized agent,
and that we find the same to be correct; and we further certify that the filing of
said list is allowed and approved, and that the whole of said lands are surveyed pub-
lic lands of the United States, and within the limits of miles.
We further certify that the foregoing list shows an assessment of the fees payable
to us under the act of July 1, 1864, and that the said company have paid to the un-
dersigned, the Receiver, the full sum of , in full payment of said fees.
, Register.
—, Receiver.
FORMS FOR CERTIFICATION OF MAPS OF SURVEYS, PERMANENT LOCA-
TIONS, AND CONSTRUCTION OF RAILROADS. - * *
Nos. 1, 2, 3, and 4 to be used when grant was direct to the railroad company. Nos. 1, •.
3,4,5,6, and 7 to be used when grant was made to the State or Territory.
(No. 1.)
OF y
County of , 88 :
- , O , in said county and , being duly sworn, deposeth and
says, that he is the chief engineer of the –—, and has been such chief engineer
since the –— ; that during the period above named and WeI'ê ĐIſl-
ployed, and by this deponent as chief engineer for said railroad company, as deputy
or division engineers; that the said engineers, as shown by their field-notes, verified
under oath, did actually survey and mark upon the ground the line or route of the
from to ——, in the sections and at the times respectively designated
by dates, which are included between the flag-staffs upon and along the line of route
of said railroad as delineated on this map, showing the line of the public survey in
connection with the surveyed line of the route; and that the acts of said deputy or
division engineers in the premises were duly approved and accepted on behalf of
said company by this deponent as said chief engineer of the
- , chief Engineer.
Sworn and subscribed this
[SEAL.]
day of , before me.
, Notary Public.
NOTE:-The map of location must, as shown in the above form, in all cases show the
lines of the public survey in connection with the iine of route.
60 L O—WOL III
946 FORMS USED IN LAND-GRANT ADJUSTMENTS.
K."
(No. 2.)
OFFICE OF THE —,
y
, 18–.
It is hereby certified that, in pursuance of the act of Congress approved July 1,
1862, entitled “An Act to aid in the construction of a railroad and telegraph line from
the Missouri River to the Pacific Ocean, and to secure to the Government the use of
the same for postal, military, and other purposes,” wherein a grant of land is made
by the section to the , who are thereby authorized to construct a rail-
road and telegraph line from , and the act of July 2, 1864, amendatory thereof,
which to construct said railroad, this map shows the location of the
line or route of the from to , being a part of the line or route of
Said railroad as definitely fixed, in compliance with said acts of Congress and in pur-
sualice of the resolution of the board of directors of said company, passed on the -
and that the dates of the field-work thereof are truly indicated along the line, from
station to station, upon this map.
In testimony whereof the
has caused the same to be signed by its president
and engineer, and has attached hereunto its corporate seal, at , on the day
and year first above written.
[SEAL.] -*- , President.
- *m-. , Chief Engineer.
Attest: 3. -
Secretary.
• (No. 3.)
F 5
County of — , 88:
, of , in said county and , being duly sworn, deposeth and
says, that he is the chief engineer of the said railroad from to , being for
section of miles, as shown by the line of route in connection with the
lines of the public surveys on this map; that it has been completed and equipped as
. by law, and that this line of route shows the correct location of the said
T81 II'O3,Ol.
[SEAL.] —, Chief Engineer.
Sworn and subscribed this day of , before me.
[SEAL. J , Notary Public.
(No. 4.)
It is hereby certified that is the chief engineer of the , and that
the location of the road as represented on this map is correct and approved by the
company; and also that the said portion of the said road has been completed and
equipped in all respects as required by law.
— —, President.
Attest: y
Secretary. .
[SEAL.]
(No. 5.)
OFFICE OF THE —,
It is hereby certified that, in pursuance of the act of the legislative assembly of the
, approved , entitled “ ” this map shows, in connection with the
public surveys, the actually surveyed line of route of the from to y
as definitely fixed, in compliance with the act of Congress approved , and in
pursuance of the resolution of the board of directors of said railroad company, passed
on the day of ; and that the dates of the field-work thereof are truly
lndicated along the line, from station to station, upon this inap.
In testimony whereof the has hereunto attached its corporate Seal and caused
the same to be signed by the president and engineer, at , in the day and year
first above written.
[SEAL.1 -*- , President.
— —, Chief Engineer.
Attest: —, -
Secretary.
(No. 6.)
I, - , governor of the , do hereby certify that this plat or map of
the – has been duly filed in my office by the railroad company, and shows, in
connection with the public surveys, the location of the line of route as actually sur-
veyed of the “from to ,” as definitely fixed, in compliance with
FORMS USED IN LAND-GRANT ADJUSTMI. NTS. 9 [7
: ” and with the act of
the act of Congress approved , entitled “An act
, entitled “ ,” granting
the legislative assembly of the , approved
Certain lands to the railroad herein named.
In testimony whereof I have hereunto set my hand and caused to be affixed the
great seal of the
Done at , this —— day of g
[SEAL.] — ——, Governor.
Attest: y
Secretary of & g
(No. 7.)
ExECUTIVE OFFICE, —,
I, , governor of the , do hereby certify that this plat or map of
the has been duly filed in my office by the said company, and shows
, which
that portion of the said railroad commencing at and ending at
has been completed and equipped as required by the act of Congress approved y
and the act of the legislative assembly of the , approved , entitled “ ,”
granting lands to the said railroad company.
In testimony whereof I have hereunto set my hand and caused to be affixed the
great seal of the ©
Done at — this —— day of —. --- – --
[SEAL.] — —, Governor.
Attest:
y
Secretary of
JFORMS FOR “DUE PROOFS” AND VERIFICATION OF MAPS OF RIGHT OF
WAY RAILIROADS.
(I.)
I, , secretary [or president] of the railroad company, do hereby
eertify that the organization of said company has been completed; that the company
is fully authorized to proceed with the construction of the road according to the ex-
isting laws of the State [or Territoryl; and that the copy of the articles of association
[or incorporation] of the eompany filed in the Department of the Interior is a true
and correct copy of the same. -
In witness whereof I have hereunto set my name and the corporate seal of the com-
pany.
[SEAL.]
Railroad Company.
of the
(II.)
, being duly sworn, says that he is the president of the railroad
company, and that the following is a true list of the officers of the said company,
with the full name and official designation of each, to wit: [Here insert the full
name and official designation of each officer.]
[SEAL OF COMPANY.]
President of the company.
Sworn and subscribed to before me this — day of , 18–.
[SEAL.]
Notary Public.
(III.)
, being duly sworn, says he is the chief engineer of [or is the person
employed to survey the line of route of the road of] the railroad company;
that the survey of the line of route of said road from to , a distance of
miles, was made by him [or under his direction] as chief engineer of the com-
pany [or as surveyor employed by the company] and under its authority, commenc-
ing on the day of , 18–, and ending on the – day of , 18–; and
that such survey is accurately represented on the accompanying map.
y
e
Sworn and subscribed to before me this — day of , 18–.
[8EAL.]
Notary Public.
948 FORMS USED IN LAND-GRANT ADJUSTMENTS.
(IV.)
I, , do hereby certify that I am the president of the railroad
company; that , who subscribed the foregoing affidavit, is the chief
engineer of [or was employed to make the survey byl the said company; that the
survey of the line of route of the company's road, as accurately represented on the
accompanying map, was made under authority of the company; that the said line of
route so, surveyed and as represented on the said map was adopted by the company
by resolution of its board of directors on the t-day of , 18–, as the definite
location of the road from to , a distance of miles; and that the
map has been prepared to be filed for the approval of the Secretary of the Interior, in
order that the company may obtain the benefits of the act of Congress approved
March 3, 1875, entitled “An Act granting to railroads the right of way through the
public lands of the United States.”
President of the Railroad Company.
Attest:
y
Secretary.
[SEAL OF COMPANY.]
(V.)
, being duly sworn, says that he is the chief engineer of [or was em-
ployed to construct the road of] the railroad company; that said road has been
constructed, under his supervision, from to , a distance of miles;
that its construction was commenced on the – day of , 18—, and finished on
the – day of , 18—; that the line of constructed road as aforesaid is accurately
represented on the accompanying map, and that it conforms to the line of located
route which received the approval of the Secretary of the Interior on the – day of
, 18–.
y
Sworn and subscribed to before me this — day of , 18–.
[SEAL.]
Notary Public.
(VI.)
I, ——, do hereby certify that I am the president of the
pany; that the portion of the road from to —, a distance of miles,
was actually constructed as set forth in the foregoing affidavit of , chief
engineer, [or, the person employed by the company in the premises, I and on the exact
route as represented on the accompanying map; that in its construction the road does
not deviate from the line of route approved by the Secretary of the Interior on the
— day of , 18–; and that the company has in all things complied with the re-
quirements of the act of Congress approved March 3, 1875, granting to railroads the
right of way through the public lands of the United States.
President of the
railroad com-
Railroad Company.
y
Secretary.
[SEAL OF COMPANY.]
Attest:
(VII.)
, being duly sworn, says he is the chief engineer of [or the person em-
ployed by] the railroad company, under whose supervision the survey was made
of the grounds selected by the company for [station, buildings, depots, &c., as the
case may be], under the act of Congress approved March 3, 1875, granting to railroads
the right of way through the public lands of the United States; said grounds being
situated in the quarter of Section of township , – of range ——,
—, in the State Lor Territory] of ; that the accompanying plat accurately
represents the surveyed limits and area of the grounds so selected, and that the area
of the ground so selected and surveyed is acres and no more; that the company
has occupied no other grounds for similar purposes upon public lands within ten miles
of the ground designated on the said plat; and that, in his belief, the grounds so
selected and surveyed, and represented, are actually and to their entire extent required
by the company for the necessary uses contemplated by said act of Congress approved
March 3, 1875.
y
*
Sworn and subscribed to before me this — day of —, 18–.
[SEAL.]
y
Notary Public.
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The Heliotype Printing Co Boston.




































































SCRIP. 949
(VIII.)
I, -— —, do hereby certify that I am the president of the – railroad com-
pany; that the survey of the tract represented on the accompanying plat was made
under authority and by direction of the company, and under the supervision of —
——, its chief engineer, [or the person employed in the premises, whose affidavit
precedes this certificate;’ that the survey as represented on the accompanying plat
actually represents the grounds required in the quarter of section of
township , — of range —---, for the purposes indicated, and to their entire
extent, under the act of Congress approved March 3, 1875, granting to railroads the
right of way through the public lands of the United States; that the company has
selected no other grounds upon public lands, for similar purposes, within ten miles
from the grounds represented on said plat; and that the company, by resolution of
its board of directors, passed on the – day of —, 18—, directed the proper officers
to present the said plat for the approval of the Secretary of the Interior, in order that
the company may obtain the use of the grounds described, under said act approved
March 3, 1875.
Railroad Company.
- President of the
Attest: ——
y
Secretary.
[SEAL OF COMPANY.]
REFERENCES AND AUTHORITIES.
For statement showing States and corporations to which land concessions by Con-
gress have been made for wagon-roads and railroads, see pages 766, 769, et seq., herein.
For statement showing rights of way granted to railroad companies in States and
Territories on the public domain, see page 769, herein.
For decisions of the Departments, see Reports of Commisioner of the General Land
Office, 1862 to 1881, and decisions of Department of the Interior and General Land
Office from June, 1881, to June, 1883, title, “Railroads,” pages 265 and following.
MAPS OF LAND GRANTS IN AID OF WAGON AND RAILROADS.
The first of the maps facing page 949 herein, exhibiting the grants of land made by
the United States in aid of the construction of wagon and railroads was prepared by
Willis Drummond, jr., while in the service of the General Land Office in 1878. It was
corrected to June 30, 1883, by J. Dempster Smith, esq., chief of the Railroad Division
of the General Land Office. Confirmatory text will be found on pages 260 to 268,
Chapter XX, and on pages 753, et seq., addenda to Chapter XX.
The second, giving data as to land and bond granted railroads, is from the annual
report of Hon. Theos. French, Auditor of Railroad Accounts, for 1878.
SCRIP,
To JUNE 30, 1882.
[See Chapter XXI, pages 289, 290, 1276.]
From June 30, 1880, to June 30, 1882, the additional and other issues of scrip by the
General Land Office have been as follows:
Scrip issued by surveyor-general of Louisiana, under act of June 2,
Acres.
13,222,660
(In all under this act to June 30, 1882, 219,858,324 acres.)
Scrip issued to Charles Gayarré, Louisiana:
On Las Ormigas grant------------------------------------------- 340,028
On La Narva grant ---------------------------------------------- 15,372,044
950 SCRIP AND ITS LOCATION.
• * Acres.
Scrip issued by Commissioner of the General Land Office, pursuant to
decrees of the United States Supreme Court, under act of June 22,
1860, and supplemental legislation --------------------------------. 17,755,271
(In all under these acts to June 30, 1882,624,268,041 acres.) -
Scrip issued in satisfaction of the claim of T. B. Valentine, under act
of April 6, 187?-------------------------------------------------- 11,800,000
(In all under this act, 13,316,000 acres.)
Scrip issued in satisfaction of act of June 1, 1878, for Robert Cole
(20 Stat., p. 536). ----------...--- - - - - - - - - - - - - - - - - - - - - - - - - - * * * * = • - * * 2,320,000
Warrants issued under act of April 11, 1860, Porter field warrants
(12 Stat., p. 886) ------...------------------------------------------ 6, 133,000
From June 30, 1880, to June 30, 1882, a total of.---------------------- 66,943,003
To June 30, 1880, the grand total of acres issued under all acts was - - - - 2, 893, 034. 44
From June 30, 1880, to June 30, 1882, there were issued.----...----. . . . 66,943.03
In all, to June 30, 1882, under all acts, a grand total of... -- - - - - - 2,959, 977.47
SCRIP, HOW ENTRIES ARE MADE witH, FORMS USED, AND AUTHORITIES AS TO AND
FOR CASH ENTRIES.
Scrip can be used as cash in paying for pre-erºptions and commuted homesteads.
In pre-emptions or commuted homestead entries the forms on page 688 are used,
with the addition of Forms A, B, and C in this chapter. When used in cash entries
on lands subject to private entry (which are the only lands directly subject to scrip
location or entry) I'orms A, B, and C in this chapter alone are used. For details
as to this character of location see the text of the following circular. See also Annual
Reports of General Land Office, 1879, 1880, and Decisions of the Department of the
Interior and General Land Office in cases relating to lands and land claims, from
July, 1881, to June, 1883, pages 308–310,635:
LOCATION AND ASSIGNMENT OF SCRIP ISSUED UNDER DECREES OF THE
UNITED STATES SUPREME COURT, PURSUANT TO THE ACTS OF JUNE
22, 1860, MARCH 2, 1867, AND JUNE 10, 1872; AND ALSO SCRIP ISSUED
UNDER THE ACT OF JUNE 2, 1858.
IN EFFECT DECEMBER 1, 1883.
DEPARTMENT OF THE INTERIeR,
GENERAL LAND OFFICE,
Washington, D. C., February 13, 1879.
GENTLEMEN: The act of Congress approved June 22, 1860, entitled “An act for the
final adjustment of private land claims in the States of Florida, Louisiana, and Mis-
souri, and for other purposes” (Statutes, vol. 12, page 85), provides, in its sixth sec-
tion, “That whenever it shall appear that lands claimed, and the title to which may
be confirmed under the provisions of this act, have been sold in whole or in part by
the United States prior to such confirmation, or where the surveyor-general of the
district shall ascertain that the same cannot be surveyed and located, the party in
whose favor the title is confirmed shall have the right to enter, upon any of the pub-
lic lands of the United States, a quantity of land equal in extent to that sold by the
Government: Provided, That said entry be made only on lands subject to private en-
try at one dollar and twenty-five cents per acre, and as far as may be possible in legal
divisions and subdivisions, according to the surveys made by the United States.”
The provisions of said act were extended and supplemented by the acts of March
2, 1867, and June 10, 1872, and they have been further supplemented by the act of
January 28, 1879, entitled “An act defining the manner in which certain land scrip
may be assigned and located, or applied by actual settlers, and providing for the issue
of patents in the name of the locator or his legal representatives,” a copy of which is
hereto attached. - - -
In pursuance of the provisions of these acts, scrip has been issued by this office, the
several certificates of which, representing various quantities of land, according to the
circumstances of the respective cases, may be located in legal subdivisions on any
public land in your district subject to sale at private entry at $1.25 per acre, any
small excess in such subdivisions over the area called for in the scrip to be paid for in
REGULATIONS AS TO LOCATION OF SCRIP. 951
money; or they may, under the second section of the act of January 28, 1879, be re-
ceived from actual settlers in payment of pre-emption claims or in commutation of
homestead claims, even where the same embrace lands subject to entry at the double
minimum price of $2.50 per acre, in the same manner and to the same extent as is now
authorized by law in the case of military bounty land warrants. But the law au-
thorizes no fees to be collected by the district land officers on account of locations
made with this scrip.
When such scrip is presented in payment of a pre-emption claim composed of lands
subject to entry at $2.50 per acre, the pre-emptor, in addition to the scrip surrendered,
will be required to pay in cash the difference between the value of said scrip at $1.25
per acre and that of the tract embraced in his claim ; or to surrender additional 8crip;
thus 160 acres of double minimum land may be paid for by the surrender of one piece
of scrip for 160 acres, and the payment of $200, or by the surrender of two pieces of
scrip for 100 acres each or one piece for 320 acres. If the value of the scrip should
exceed that of the lands entered there with, the pre-emptor will receive no repayment
thereof from the United States; but if the land, at its rated price, should exceed the
scrip in value, such excess must be paid by the locator with cash. It will be required
also, in the location of a tract subject to entry at a greater minimum than $1.25 per
acre, that each piece of scrip shall be located upon a 8pecific 8wbdivision thereof, and
that the excess in area of the land, if any, shall be paid for in cash. The same rules
will govern in commutations of homestead claims.
You will in every case require the party desiring to locate to surrender the scrip
and make application according to attached Form A ; when, if no objection should
appear, you will allow the location to be made, properly fill up the heading of the
application by inserting the number of the certificate of location, the register and re-
ceiver's number, the date of the decree, and the claim for which the certificate of
location was issued, for which blanks are left in the form.
You will then issue a certificate of entry in duplicate according to Form B, annexed,
one of which you will deliver to the party to be held by him as his evidence of title
until the patent shall be issued.
The locations allowed, you will enter the same on your records, and at the expira-
tion of the month will send up an abstract of all locations allowed during the same
(Form C, annexed). You will forward there with the applications received and certifi-
cates of entry issued during the month, and also the scrip surrendered. Patents
will be issued thereupon in regular course, as provided for in the third section of the
act of January 28, 1879.
By the first section of that act, it is declared that this scrip is “assignable by deed
or instrument of writing according to the form and pursuant to regulations prescribed
by the Commissioner of the General Land Office, so as to vest the assignee with all
the rights of the original owners of the scrip.” With regard to such form and regu-
lations, the following is prescribed:
Entries with this scrip must be made by the confirmee or confirmees named in the
scrip, or his or their duly authorized attorney, in the name of such confirmee or con-
firmees, or by the assignee or assignees of such confirmee or confirmees, or his or their
duly authorized attorney, in the name of such assignee or assignees.
Each assignment must be attested by one or more subscribing witnesses; the mark
of a witness will not be respected. Parties in interest as assignees are not recognized
as legal attesting witnesses to an assignment, neither can an officer take an acknowledg-
ment of an assignment to himself.
The execution of assignments is required to be acknowledged by the assignor, in
the presence of a register or receiver of a land office, a judge or clerk of a court of
record when authorized to take acknowledgments, a notary public, justice of the
peace, a commissioner of deeds resident in the State from which he derives his ap-
pointment, or a commissioner of a circuit court of the United States, who shall cer-
tify to the facts of the acknowledgment and to the identity of the assignor, and the
official seal of said court, notary public, or commissioner, shall be affixed to the cer-
tificate. When the acknowledgment is taken before a justice of the peace or other
officer without an official seal (except a register or receiver of a land office), it must
be accompanied by an additional certificate, under seal of the proper authority, estab-
lishing the official character of the person before whom the acknowledgment was
made, and the genuineness of his signature.
Powers of attorney must be acknowledged in like manner.
Assignments executed by unmarried females must be accompanied by evidence that
they have attained the age of twenty-one years, and when married women assign,
their husbands must unite with them in making the transfer.
When assignments are executed by a commissioner or other designated person,
alleged to be acting under a decree of court, there must be procured and filed in this
office a duly certified copy of such decree, in which all the proceedings had in the case
should be recited, and from which it must appear that due notice of the pending suit
had been given, by publication or otherwise, to all the parties interested.
952 REGULATIONS AS TO LOCATION OF SCRIP.
When the assignment of this scrip is executed in a foreign country, and the acknowl-
edgment thereof taken by an officer authorized by the laws thereof to perform such
duties, the attestation of the American consul in such country should be obtained as
to the official character and genuineness of the signature of the person before whom
the acknowledgment of the said assignment was made, or if the official character, &c.,
of such foreign magistrate is attested by a consular agent of such foreign government
residing in this country, his official character must be certified by the diplomatic rep-
resentative of such government in the United States.
When such assignments are executed in a foreign language, duly authentivated
translations thereof must be furnished. Secretaries of legation and consular officers
of the United States are authorized to take acknowledgments, but they must certify
the same under their official seals.
When the persons named as confirmees are described in the scrip as being minors,
their assignments thereof must be accompanied by satisfactory evidence that they
had attained their majority at the date of the transfer.
When an assignment has been executed and witnessed, but not acknowledged, it
may be proved in open court, but a certified transcript of the proceedings in the case
must be filed in this office. When, however, such assignment has not been properly
attested, it must be made anew.
For general forms of assignment and of powers of attorney and acknowledgment,
see Forms D, E, F, G, H, I, K, L, M, N, O, P. In cases where the assignments, pow-
ers, or acknowledgments are written or printed and signed on the back of the certifi-
cate, the words “the within certificate” may be used instead of the full description
of such certificate pro-vided for in these forms.
It will not be practicable in all cases to attach the assignment or power of attorney
to each certificate of location, and it will not be required by this office.
When a single assignment or power of attorney covers a number of certificates, such
assignment or power may be filed in this office, and will be referred to to perfect the
assignment of any of the certificates named therein, whenever they or either of them
shall have been located and returned to this office for patenting. Such assignment
, or power thus filed will also be referred to by this office for the purpose of attaching
to any certificate of location named therein a certificate (Form Q) relative to the
validity of the certificate of location and the assignments thereof.
Upon the application of any assignee of this scrip, accompanied by the scrip and
papers in his possession relative to the assignment thereof, this office will examine
said scrip and assignments, and such assignments thereof as are found on the files of
this office; and if the scrip be found free from objections, and the assignments suffi-
cient in form, a certificate of approval of such scrip and the assignments thereof
(Form Q) will be attached by this office to the scrip thus submitted.
Each piece of scrip thus transmitted to this office must be accompanied by the sum
of one dollar, the legal fee for a certificate of verification.
Tee fourth section of the act of January 28, 1879, declares that its provisions
respecting the assignment and patenting of scrip and its application to pre-emption
and homestead claims shall apply to the indemnity certificates of location provided
for in the act of the second of June, 1858, entitled “An act to provide for the location
of certain confirmed private land claims in the State of Missouri,” and for other pur-
poses. The general principles hereinbefore laid down in regard to scrip issued under
the act of June 22, 1860, are applicable to the class of certificates issued under the act
of June 2, 1858, and you will be governed thereby in dealing with any of the latter
presented for location. The same forms may be used with such verbal alterations in
them as may be necessary to adopt them to the case in hand. You will take care,
however, in making returns for these two classes of locations, to keep them separate
and distinct. * ,
Very respectfully,
J. A. WILLIAMSON,
REGISTER and RECEIVER, Commissioner.
y
[PUBLIC-No. 20.]
AN ACT defining the manner in which certain land-scrip may be assigned and located, or º:
by actual settlers, and providing for the issue of patents in the name of the locator or his legal
representatives.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That whenever, in cases prosecuted under the acts of Congress
of June twenty-second, eighteen hundred and sixty, March second, eighteen hundred
and sixty-seven, and the first section of the act of June tenth, eighteen hundred and
seventy-two, providing for the adjustment of private land-claims in the States of
FORMS USED IN LOCATING SCRIP. 953.
Florida, Louisiana, and Missouri, the validity of the claim has been, or shall be here-
after, recognized by the Supreme Court of the United States, and the court has decreed
that the plaintiff or plaintiffs is or are entitled to enter a certain number of acres
upon the public lands of the United States, subject to private entry at one dollar and
twenty-five cents per acre, or to receive certificate of location for as much of the land the
title to which has been established as has been disposed of by the United States, cer-
tificate of location shall be issued by the Commissioner of the General Land Office,
attested by the seal of said office, to be located as provided for in the sixth section of
the aforesaid act of Congress of June twenty-second, eighteen hundred and sixty, or
applied according to the provisions of the second section of this act; and said certificate
of location or scrip shall be subdivided according to the request of the confirmee or
confirmees, and, as nearly as practicable, in conformity with the legal divisions and
subdivisions of the public lands of the United States, and shall be, and are hereby
declared to be, assignable by deed or instrument of writing, according to the form and
pursuant to regulations prescribed by the Commissioner of the General Land Office, so
as to vest the assignee with all the rights of the original owners of the scrip, includ-
ing the right to locate the scrip in his own name.
SEC. 2. That such scrip shall be received from actual settlers only in payment of
pre-emption claims or in commutation of homestead claims, in the same manner and
to the same extent as is now authorized by law in the case of military bounty-land
WarrantS.
SEC. 3. That the register of the proper land-office, upon any such certificate being
located, shall issue, in the name of the party making the location, a certificate of
entry, upon which, if it shall appear to the satisfaction of the Commissioner of the
General Land Office that such certificate has been fairly obtained, according to the
true intent and meaning of this act, a patent shall issue, as in other cases, in the
name of the locator or his legal representative.
SEC. 4. That the provisions of this act respecting the assignment and patenting of
Scrip and its application to pre-emption and homestead claims shall apply to the
indemnity-certificates of location provided for by the act of the second of June, eight-
een hundred and fifty-eight, entitled “An act to provide for the location of certain
confirmed private land-claims in the State of Missouri, and for other purposes.”
Approved, January 28, 1879.
(FORM. A.)
Application to locate scrip—8igned by applicant.
Acts of June 22, 1860, March 2, 1867, and June 10, 1872.
REGISTER and RECEIVER'S
N
O. —.
SCRIP NO. —.
Scrip issued by virtue of a decree rendered on the – day of , by the Supreme
Court of the United States, for the claim of OT legal representa-
tives.
I, , hereby apply to locate with the above-described certificate
quarter of Section No. , in Township No. —, of Range No. —, containing
acres, in the district of lands subject to sale at º
Witness my hand this day of , A. D. 187—.
Attest: — —.
—, Register.
—, IR8ceiver.
(FoRM B.)
[[m duplicate, one to be kept for the records, the other to be delivered to locator. On this patentissues.]
Acts of June 22, 1860, March 2, 1867, and June 10, 1872.
CERTIFICATE OF ENTRY.
REGISTER and RECEIVER's No. —.
UNITED STATES DISTRICT LAND OFFICE
AT y , 187—.
We certify that certificate of location No. —, for— acres, issued by virtue
of a decree rendered on the – day of , by the Supreme Court of the United
States, has this day been lecated by on the quarter of Section
No. –, in Township No. —, of Range No. —, containing — acres.
, Register.
tjøy"
954 FORMS USED IN LOCATING SCRIP.
Monthly return of scrip located, by register and receiver.
(FORM. C.)
Abstract of locations made with scrip, in satisfaction of private land claims, under act of
June 22, 1860, at the land office at , in the month of , 18–.
g # , Tracts located. Area.
C
.3 ** O § . .8 By whom located. Remarks.
*- 35 G5 2. *—t F. Fi : -
© 3.3 ſº 9.3 .S. & #
# # # #| # | f | #
R Pr: * ſº UAER H p: <!
LAND OFFICE At , –, 18–.
—, Register.
— —, Ireceiver,
“FORM Q.”

Form “Q” herein is the approving certificate of the Commissioner of the General
Land Office, and completes the entry for patent. Page 958.
(FoRM D.)
For the assignment of 8orip by confirmee or assignee.
For value received, I, , to whom certificate of location No. —, issued
by the General Land Office of the United States on the – day of , A. D. 18—,
pursuant to the act of Congress approved June 22, 1860, and supplemental legislation,
and by virtue of a decree of confirmation by the Supreme Court of the United States
rendered , in favor of , was issued (or was assigned by
, as the case may be), do hereby sell and assign to A B, of County, State
of , and to his heirs and assigns forever, all my right, title, and interest in and
to the said certificate of location, and authorize the said A B, his heirs and assigns,
to locate the same, and receive from the United States such evidence of title for such
location as is now or may hereafter be authorized by law.
- A. B. [SEAL.]
Attest :
C. D.
E F.
(FoRM. E.)
Of acknowledgment where the vendor is known to the officer taking the same.
STATE OF y-
County, 88: - -
On this — day of , 187—, before me personally came A B, to me well known,
and acknowledged the foregoing assignment to be his act and deed; and I certify
that the said A B is the identical person to whom the above-described certificate of
location issued (or was assigned by ), and who executed the foregoing assign-
ment thereof. ſe
(Officer's signature.)
FORMS USED IN LOCATING SCRIP. 955
(FORM. F.)
Of acknowledgment where the vendor is not known to the officer and his identity has to be proven.
STATE OF
2
County, 88 :
On this — day of , 187—, before me personally came A B and E F, of the
county of , in the State of , and the said E. F., being well known to me as a
credible and disinterested person, was duly sworn by me, and on his oath declared
and said that he well knows the said A B, and that he is the same person to whom
the above-described certificate of location issued (or was assigned by y
and who executed the foregoing assignment, and his testimony being satisfactory
evidence to me of that fact, the said A B thereupon acknowledged the said assign-
ment to be his act and deed.
(Officer's signature.)
(FoRM. G.)
For the assignment of a certificate by an administrator.
For value received, I, A B, administrator of the estate of , deceased,
who died intestate, to whom certificate of location No. — issued by the General
Land Office of the United States on the – day of , A. D. 18—, pursuant to the
act of Congress approved June 22, 1860, and supplemental legislation, and by virtue
of a decree of confirmation by the Supreme Court of the United States rendered in
favor of , was issued (or assigned, as the case may be), do hereby sell
and assign for the use of unto , of County, State of
, and to his heirs and assigns forever, the said certificate and authorize the said
, his heirs and assigns, to locate the same and receive from the United
States such evidence of title for such location as is now or may hereafter be author-
ized by law.
A B, LSEAL.]
Administrator.
Attest : *
G. H.
NOTE.-A certified copy of the letters of administration must accompany this as-
signment or be filed in this office as a separate document, or a certificate filed from
the clerk of the proper court that said letters had been duly issued and were in force
at the date of the assignment. -
If the date of death is not stated in the letters of administration, or other evidence
as above mentioned, the same must appear in the clerk’s certificate appended thereto.
(FoRM H.)
Ifor the acknowledgment.
STATE OF y
- County, 88 : -
On this — day of , 187—, before me personally came , to me
well known, and acknowledged the foregoing assignment to be act and deed,
and in my presence subscribed name thereto ; and I certify that the said
is administrator of the estate of , deceased, to whom the
above-described certificate, No. —, was issued (or was assigned by ),
and who executed the foregoing assignment thereof.
Witness my hand and official seal the day and year above written.
(Officer's 8ignature.)
(FoRM. I.)
For assignment of certificate by executor.
For value received, I, A B, executor of CD, who died testate, and to whom—(same
as Form G). -
NotE.—A certified copy of the will, and also of the letters testamentary or other
proper evidence, under the seal of said court, showing that said executor was duly
956 FORMS USED IN LOCATING SCRIP.
appointed and authorized to act as such at the date of said assignment, must ac-
company this assignment, or be filed in the General Land Office as a separate docu-
Inent.
If the date of death is not stated in the letters testamentary or other evidence, as
above mentioned, it must appear in the certificate of the clerk appended thereto, as
taken from the records of said court. The certificate of the acknowledgment may be
the same as in Form H, except that the word “executor” must be used instead of
“administrator.”
(FoRM K.)
For the assignment and acknowledgment of seriº by heirs at law of deceased confirmee or as-
8tgnee.
For value received, we, A B and C D, the only heirs at law of G H, to whom—(same
as Form D).
(FORM. L.)
For the acknowledgment.
STATE OF y
County, 8s:
On this — day of , 187—, before me personally came A B and C D, to me
well known, and acknowledged the ſoregoing assignment to be their act and deed;
and I certify that the said A B and C D ...re the identical persons named in the at-
tached certificate as the only heirs at law of said deceased, and who executed the
foregoing assignment thereof.
Witness my hand and official seal the day and year above written.
(Officer’s signature.)
NOTE.—For the evidence of the death and heirship above mentioned it will be
necessary to procure and attach, or file in the General Land Office as a separate doc-
ument, a certificate, under seal, from a court having probate jurisdiction, showing
that it has been proven to the satisfaction of said court, in open court, that said con-
firmee (or assignee), G H, is dead, the date of his death, whether he died testate or
intestate, whether or not he left a widow, and who are his heirs and only heirs at
law, with their respective ages. If any of such heirs are feme coverts their husbands
must join in the assignment.
This rule will apply to all assignments made by married women.
(FORM. M.)
For the assignment of a certificate by a guardian.
For value received, I, A B, guardian of the person and estate of CD, a minor, con-
firmee (or a minor heir at law of , as the case may be), to whom certifi-
cate of location No. issued by the General Land Office of the United States on
the – day of , A. D. 18–, pursuant to the act of Congress approved June 22,
1860, and supplemental legislation, and by virtue of a decree of confirmation by the
Supreme Court of the United States in favor of , was issued, do hereby
sell and assign, for the benefit of said minor, unto E F, of the county of , and
State of and to his heirs and assigns, the said certificate, and authorize the
said E F, his heirs and assigns, to locate the same, and receive from the United
States such evidence of title for such location as may be authorized by law.
, [SEAL. J
Attest : - Guardian.
G. H. -
I J.
(FoRM. N.)
Form of acknowledgment for guardian.
STATE OF
~ County, 88 -
On this — day of , 187—, before me personally came , to me
well known, and acknowledged the foregoing assignment to be his act and deed, and
FORMS USED IN LOCATING SCRIP. 957
in my presence subscribed his name thereto; and I certify that the said
is guardian of the person and estate of said minor, and who executed the foregoing
assignment thereof.
Witness my hand and seal the day and year above written.
(Officer's signature.)
NOTE.-A certified copy of the letters of guardianship, or other legal evidence, under
the seal of the proper probate court, showing that the guardian was duly appointed
and authorized to act as such at the date of said assignment, must accompany the
certificate thus assigned; or where this evidence applies to a number of certificates it
may be filed in the General Land Office separately, in which case such evidence will
be used to perfect the assignment of the various certificates as they are from time to
time located and returned to this office. e
(FORM. O.)
Power of attorney to 8ell or locate scrip.
Know all men by these presents that I, , of the county of , State
of , do hereby constitute and appoint , of the county of y
State of , my true and lawful attorney, for me and in my name to assign, sell,
and convey (or locate) certificate of location No. —, issued to by the
General Land Office of the United States on the day of , A. D. 18–, pursuant
to the provisions of the act of Congress approved June 22, 1860, and supplemental
legislation, and by virtue of a decree of confirmation rendered by the Supreme Court
of the United States , 18—, in favor of the said
Witness my hand and Seal this — day of , A. D. 18–.
Signed in the presence of
C. D.
E F.
The form of acknowledgment for a power of attorney must not be the same as for a
sale of this scrip.
NOTE.—It must appear by satisfactory evidence that title to the certificate named
was vested in the party executing the power of attorney on the day when such power
was executed. Conditions should be inserted in the above power, 1st, revoking all
powers of attorney previously given for the sale of the certificate named; 2d, renounc-
ing all right to appoint any other person attorney for the sale of said certificate.
This renunciation must be for a valuable consideration, which, in all cases, should
be expressed in the power.
(FoRM P.)
Of the certificate of the clerk of the court, judge, or other person who is authorized to certify,
wnder 8éal, to the official character of the officer who takes acknowledgments of assignments.
STATE OF } 88 :
County, o
I, A B, clerk of the court , in the county and State aforesaid, hereby certify
that John Jones, whose genuine signature is affixed to the above acknowledgment,
was, at the time of signing the same, a justice of the peace (notary public, or other
officer), duly authorized by law to take such acknowledgment, and that full faith
and credit are due to all his official acts as such. -
Given under my hand and the seal of said court this — day of , 18–.
A B, Clerk. [8EAL.]
NOTE.—Where any acknowledgment is taken before a clerk of a court, judge, notary
public, or other officer duly authorized by law, with their respective official seals
affixed, the above certificate will not be required; nor is such certificate required
j" #. acknowledgment is taken before a register or receiver of a United States
IkC1 OITICô.
958 REGULATIONS AS TO ISSUING BOUNTY SCRIP.
(FoRM Q.)
[See Forms A, B, C.] .
Certificate approving certificate of location and assignment thereof.
ACTs of JUNE 22, 1860, MARCH 2, 1867, JUNE 10, 1872, AND JANUARY 28, 1879.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington City, D. C., , 18–
The certificate of location No. —, for acres, hereto attached, is found free
from objection on the records of this office, and, as the assignments of said certificate
from t;O and from to are found
in form, the same are hereby approved accordingly.
?
TO Commissioner.
Fees:
y paid.
RULES AND REGULATIONS FOR ISSUING REVOLUTIONARY BOUNTY-LAND
SCRIP.
[See Chapter XIV, pages 232 to 237, and 711 to 721. I
[Under the act entitled “An act making further provisions for the satisfaction of Virginia land war-
rants,” approved August 31, 1852 (U. S. Stat. at L., vol. 10, page 143), in connection with the sup-
plemental act, approved June 22, 1860, “to declare the meaning ” of the said law of August 31, 1852
(U. S. Stat. at L., vol. 12, page 84)].
IN EFFECT JUNE 30, 1883.
Located in the same manner as bounty land warrants, page 721, and used as cash in
cash, pre-emption and commuted homestead entries. Issued in lieu of bounty land war-
rants, and located under regulations adopted by law and the General Land Office.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE, July 20, 1875.
1. The acts of Congress above mentioned, copies of which are hereto annexed,
authorize the Secretary of the Interior to issue land-scrip in favor of the present pro-
prietors of all unsatisfied outstanding military land warrants, or parts of warrants,
fairly and justly issued or allowed prior to the 1st day of March, 1852, by the proper
authorities of the Commonwealth of Virginia, and consequently embrace the 10 per
centum deducted from the warrants filed under the act of March 3, 1835; the warrants
or parts of warrants located in Ohio, which conflict with previous valid locations;
and also those located in Kentucky, on which the State refused to issue patents, and
which locations therein have been lost by interference with prior valid claims.
It is provided by the said act of June 22, 1860, that if any claim has been legally
“allowed ” by Virginia, prior to March 1, 1852, the warrants founded thereon, though
issued after said date, may be satisfied by the grant of Scrip in lieu thereof, if the case
is found to conform with “the principles already recognized by the Department of
the Inferior in the execution of the provisions of the said act” of August 31, 1852.
2. The Secretary of the Inferior having charged this fice with the execution of
the laws in question, it is required that all warrants or parts of warrants embraced
thereby, with the evidence in virtue of which the same were allowed and issued, shall
be file d therein.
The evidence of service in each case, upon which the allowance of the claim was
made, is to be found in the office of the Secretary of state, at Richmond, Va., and the
proof upon which any designated warrant was issued is filed with the register of the
State land office at the same place. Certified copies from both these offices, of the
evidence filed therein, must accompany the warrant when presented for satisfaction.
If a “revision of the proofs’’ should fail to satisfactorily establish the fact that
any warrant surrendered was fairly and justly issued, in pursuance of the laws of
Virginia, then “additional testimony,” as provided by said act of August 31, 1852,
will be received.
All assignments of warrants made since the passage of this law (August 31, 1852)
must be in the presence of two witnesses, acknowledged before a justice of the peace,
who must certify to the identity of the assignor, and whose official character must be
certified to, under seal, by the clerk of the court.
The cases will be taken up and examined in the order in which they have been or
may be fi!ed in this office, and where the evidence is satisfactory, scrip will be
issued; where it is deficient, in whole or in part, the parties will be advised, and the
case suspended till the deficiency is supplied; or, if it is ascertained that the warrant
was not fairly and justly issued, the claim will be rejected.

REGULATIONS AS TO ISSUING BOUNTY SCRIP. 959
3. All warrants issued for services in the State or Continental line, or State navy,
prior to June 1, 1792, when the State of Kentucky was admitted into the Union,
should be accompanied by a certificate, under seal from the register of the Kentucky
land office, stating that such warrants have not been patented in that State.
Continental line warrants issued since that period, and prior to January 1, 1852,
should be accompanied by a certificate from the surveyor of the Virginia military
district in Ohio, stating that no location or survey has been made of such warrants;
or if a location and survey, or either, llas been made, when, the amount, in whose
favor, &c.
4. In all places where a warrant has been lost, mislaid, or destroyed, the present
proprietor must file a duplicate copy thereof, with a certificate from the register that
the original has not been surrendered in exchange for any other warrant or warrants.
After the warrant has been filed, with proofs showing the loss of the original, the
present proprietor must give six weeks’ public notice in a newspaper published near
the domicile of the party in interest, and another in the city of Washington, describ-
ing the warrants, service rendered, amount, date, and number, stating the loss of the
original, and the intention of applying to this office for scrip for the same.
A bond of indemnity to the United States must be filed, duly executed and acknowl-
edged by the party in interest, and properly certified, with sufficient sureties, to be
approved by some court of competent jurisdiction, or other proper officer, in the
penalty of double the value of the lost or destroyed warrant, estimating the same at
$1.25 per acre, and conditioned to indemnify and save harmless the United States from
any and all costs, charges, and expenses in case that, at any time after the issue of
scrip, any claim to the original warrant should be legally substantiated of a character
adverse to the title of the present claimant.
Upon a compliance with these requirements, the duplicate warrant will remain
three months on file in this office after the expiration of such notice, and if the title is
not contested at that time, the same will be commuted into scrip for the amount found
due thereon.
5. Where warrants, having been partly satisfied by patent from the State of Ken-
tucky, remain on file in the office of the register of the land office of that State, and
therefore cannot be produced, certified copies of them from the register of the land
office at Richmond must be filed, and be accompanied by a certificate from the regis-
ter at Frankfort, Ky., describing the warrant, survey, &c.
6. The scrip will be issued in pieces or certificates of eighty acres, or one hundred
dollars each, except for fractions, to which claimants may be entitled after deduct-
ing the eighty-acre certificates. “When there are more persons than one interested
in the same warrant,” scrip will issue to each person “for his or her proportion of
the warrant,” if desired.
7. When scrip is claimed, located, or sold by the “guardian of an infant,” or “the
husband of a feme covert,” the evidence of their being such guardian or husband,
fully authenticated, must be produced.
8. This scrip is “assignalble by indorsement, attested by two witnesses,” in the
following manner, upon the back of the certificate :
For value received (I, or we, as the case may be), the present proprietor— of the
within certificate of scrip, do llereby sell and assign the same to , of
, and his heir s and assigns forever.
Witness Imy hand and seal this the day of , 18–.
E. F. [3EAL.]
Attest:
A. B.
C D.
9. This scrip is “receivable in payment of any lands owned by the United States
subject to sale at private entry,” and can be applied at the rate of $1.25 per acre, in
the same manner as money, in all cases where the tract applied for contains the area.
specified in the scrip, or more ; where it contains less, the excess of the scrip cannot
be refunded in money, but may be denoted in the relinquishment as applicable to any
other tract. It can also be used in commutation of homestead entries, and can be
applied in payment of offered or unoffered lands which may be embraced by pre-emp-
tion entries.
10. When located, this scrip must be relinquished by the legal owner thereof after
the following form, viz:
I (or we) do hereby relinquish to the United States the within certificate, in pay-
ment (or in part payº ent, as the case may be) of the half of the quarter
of section No. —. in township No. — of range No. —, located in the name of
, at the land office , this — day of , 18–.
Signed A. B. [SEAL.]
Witnesses:
E F.
960 REGULATIONS As To Issuing BOUNTY SCRIP.
11. No acknowledgment of the transfer of said scrip is required, the same being
declared by law “assignable by indorsement, attested by two witnesses.” The relin.
quishment may be executed in the same manner.
No fees are required to be paid upon the location thereof, the same being regarded
as money; and the local land officers receive from the United States Treasury their
*issions upon the surrender thereof, as in the case of entries made with actual
Cà8 [l.
12. Any person prosecuting this class of claims, either as attorney or on his own
account, will be required, in accordance with the provisions of sections 3478 and 3479,
United States Revised Statutes, to subscribe to and file the oath of allegiance, and to
support the Constitution of the United States, as follows, viz:
“I do solemnly swear (or affirm, as the case may be) that I will support, protect,
and defend the Constitution and Government of the United States against all enemies,
whether domestic or foreign, and that I will bear true faith and allegiance and loyalty
to the same, any ordinance, resolution, or law of any State convention or legislature
to the contrary notwithstanding; and further, that I do this with a full determination,
pledge, and purpose, without any mental reservation or evasion whatsover; and fur-
ther, that I will well and faithfully perform all the duties which may be required of
me by law; SO HELP ME GOD.”
The oath herein referred to may be taken before any officer of the United States, or
of the several States, authorized by law to administer oaths for general purposes. If
taken before an officer not having an official seal, it must also be accompanied by a
certificate, under seal from the proper officer, as to the official character and signature
of the officer before whom the same was taken.
‘‘VIRGINIA MILITARY DISTRICT-KENTUCKY.”
The following rules have been adopted by this office for the guidance of those who
make application for the satisfaction of entries and surveys founded on Virginia mil-
itary warrants located in Kentucky prior to June 1, 1792, and which have been lost,
either in whole or in part, by interferenc with previous valid locations, founded either
upon Virginia military warrants or State treasury warrants, conformably with the
provisions of the act of Congress approved “August 31, 1852,” providing for the fur-
ther satisfaction of Virginia military warrants.
1st. It will be necessary to file either the original warrants or duplicates of the
same, together with a certificate from the register of the land office at Frankfort, Ky.,
bearing his official seal, setting forth specifically the cause of interference, and the
amount thus lost, giving the number of the survey, amount for which it calls, in
whose name made, and the date of the same, together with the same data in relation
to the survey with which it conflicts; and also, whether there is any evidence filed
in his office showing that the locators of the surveys or the patentees for which appli-
cation is made for the amount of interference have conveyed the same or any portion
of it.
2d. Copies of the surveys thus lost, and those with which they interfere, with the
metes and bounds accurately set forth, must be forwarded, authenticated by a certifi-
cate from the register under his hand and seal.
3d. When patents have issued before such interferences were discovered, it will be
necessary to file certified copies of the originals, together with certificates from the
proper officers of the county where the land is situated, setting forth that there is no
evidence on file showing that the patentees, their heirs-at-law or devisees, have con-
veyed the same.
4th. The patentees, their heirs-at-law or devisees, must file a deed of relinquishment
of the land patented to them or their ancestors, to the United States and to the State
of Virginia, which deed must be recorded in the county court where the land is located.
5th. In all cases where there is doubt as to the correctness of the amount of such
interferences, and copies of the original surveys cannot be procured, it will be neces-
sary to have a resurvey made, and the amount of such interferences decreed by judg-
ment of the proper court of the county where the land is located.
When applicants have complied with the foregoing rules and filed the required evi-
dence as to service and proprietorship, the claims will be taken up for examination in
their regular order, and disposed of at the earliest moment practicable.
“VIRGINIA MILITARY DISTRICT-OHIO.”
1. Where application is made for the issue of bounty-land scrip founded upon Vir-
ginia military warrants entered in said district, and which locations are claimed to
be in conflict with former valid entries and surveys, the claim therefor must be accom-
panied, in addition to the evidence of service, heirship, and present proprietorship,
with the official certificate of the surveyor of the Virginia military district, whose
office is at Chillicothe, Ohio, setting forth the number and amount in acres of the
REGULATIONS AS TO ISSUING BOUNTY SCRIP. 961
warrant, when and for whose service issued, when entered or surveyed, and with what
entry and survey it is found to interfere, and the date when the latter were made.
This certificate must show the precise amount of the warrant lost by the interfer-
ence in question, and should give the name of the county in Ohio in which the land
located is situate.
2. A certificate from the auditor of the county in which the said locations have been
made must be produced, showing that the lands claimed to have been lost by inter-
ference have not been sold for taxes.
3. The certificate of the recorder of deeds for said county must also be obtained to
the effect that the lands included in the entry and survey in question have not been
sold or conveyed, or charged with any incumbrance by or through the party making
the said location, or his grantees.
4. If a patent has been issued for lands in said district, and the whole or any part
$hereof been declared by the judgment of a court of competent jurisdiction to be in-
valid by reason of conflict with a previous valid title, upon filing in this office a cer-
tified copy of the record of such decision, and the return of the patent with a relin-
quishment indorsed thereon, duly recorded, from the patentee to the United States,
and accompanied by the certificate of the auditor and recorder as above mentioned,
the Virginia military land warrant embraced in said patent will be commuted into
scrip in the name of the present proprietor thereof for the amount so &stablished to
have been previously satisfied.
Applications under these rules must also be accompanied by the evidence of service,
&c., as hereinbefore prescribed.
&
RULES AND REGULATIONS FOR ISSUING CERTIFIED COPIES IN LIEU OF LOST OR
DESTROYED REVOLUTIONARY BOUNTY-LAND SCRIP.
1. The claimant must make and file an affidavit, duly certified, setting forth all the
particulars as to the loss or destruction of the original scrip.
This affidavit, if found satisfactory, will be regarded as a temporary caveat, and will
suspend for the time being, and until the other requirements of this office can be
answered, the issue of any patent found upon the location of any such original scrip.
2. Publication must be made immediately upon the filing of said affidavit for six
successive weeks—once in each week—in a newspaper of general circulation, published
at or nearest the domicile of the party in interest, and also in a newspaper of the
city of Washington, D. C., stating the loss or destruction of the original scrip, fully
describing it, and giving notice that at a specified time application will be made to
this office for the issue of a certified copy thereof.
3. Proof of the publication of such notice for the required time, made by the pro-
prietor of such papers, or other competent party, must be filed in this office with
copies of said notice.
4. A bond of indemity to the United States must be filed, duly executed, and ac-
knowledged by the party in interest, and properly certified, with sufficient sureties,
to be approved by some court of competent jurisdiction, or other proper officer, in the
penalty of double the value of the lost or destroyed scrip, estimating the same at $1.25
per acre, and conditioned to indemnify and save harmless the United States from any
and all costs, charges, and expenses in case that, at any time after the issue of such
certified copy, any claim to the original scrip should be legally substantiated of a
character adverse to the title of the present claimant.
º
FoRM OF NoTICE.
Whereas on the – day of , 18—, United States revolutionary land-bounty
scrip No. —, for acres, was issued by the Department of the Interior, under
the act of Congress of August 31, 1852 (or, if under any former act, mentioning it), in part
satisfaction of Virginia (or United States) military land warrant No. , granted for
the services of (name of officer, 80ldier, or 8eaman), who was a (description of 8ervice) in
the Virginia Continental (or State) line (or State navy), (or in the United States Conti-
mental line); and whereas said scrip has been lost or destroyed, notice is hereby given
that on the – day of , 18—, application will be made to the Commissioner of
the General Land Office, at the city of Washington, D. C., in pursuance of the rules
and regulations of his office, for the issue of a certified copy in lieu of said lost or
destroyed scrip, the undersigned being the present lawful owner (by assignment or
otherwise) thereof. w
Circulars of December 20, 1852, June 30, 1854, and March 1, 1862.
S. S. BURDETT,
Commissioner.
61 L O—WOL III
962 GRADUATION ACT OF 1854 AND COAL LANDS.
AM ACT making further provisions for the satisfaction of Virginia land warrants.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That allunsatisfied outstanding military land warrants, or parts
of warrants, issued or allowed prior to the first day of March, eighteen hundred and
fifty-two, by the proper authorities of the Commonwealth of Virginia, for military
services performed by the officers and soldiers, seamen or marines, of the Virginia
State and Continental lines, in the army or navy of the Revolution, may be surren-
dered to the Secretary of the Interior, who, upon being satisfied, by a revision of the
proofs, or by additional testimony, that any warrant thus surrendered was fairly and
justly issued, in pursuance of the laws of said Commonwealth, for military services so
rendered, shall issue land scrip in favor of the present proprietors of any warrant thus
surrendered, for the whole or any portion thereof yet unsatisfied, at the rate of one
dollar and twenty-five cents for each acre mentioned in the warrant thus surrendered,
and which remains unsatisfied; which scrip shall be receivable in payment for any
lands owned by the United States subject to sale at private entry; and said scrip.
shall moreover be assignable by indorsement, attested by two witnesses. . In issuing
such scrip the Secretary is authorized, when there are more persons than one in-
terested in the same warrant, to issue to each person scrip for his or her portion of
the warrant; and where infants or feme coverts may be entitled to any scrip, the
guardian of the infant, and the husband of the feme covert, may receive and sell or
locate the same: Provided, That no less than a legal subdivision shall be entered and
paid for by the scrip issued in virtue of this act.
SEC. 2. And be it further enacted, That this act shall be taken as a full and final ad-
justment of all bounty-land claims to the officers and soldiers, seamen and marines,
of the State of Virginia, for services in the war of the Revolution: Provided, That the
State of Virginia shall, by a proper act of the legislature thereof, relinquish all
claim to the lands in the Virginia military land district in the State of Ohio.
SEC. 3. And be it further enacted, That in settling the claims of the State of Ohio,
under the acts of March second, eighteen hundred and twenty-seven, and May twen-
ty-fourth, eighteen hundred and twenty-eight, granting lands to said State foºt canal
purposes, the same principles shall be acted upon as have been applied under the pro-
visions of the act of May the ninth, eighteen hundred and forty-eight, entitled “An
act in addition to an act therein mentioned,” for the settlement of the claims of the
State of Indiana accruing under the said act of March the second, eighteen hundred
and twenty-seven. - -
Approved August 31, 1852.
AN ACT to declare the meaning of the act entitled “An act ... provision for the satis-
faction of Virginia land warrants,” passed August thirty-one, eighteen hundred and fifty-two.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That the Secretary of the Interior, in executing the provisions
of the act passed August thirty-one, eighteen hundred and fifty-two, entitled “An
act making further provisions for the satisfaction of Virginia land warrants,” be re-
quired so to construe the same as to authorize the satisfaction in scrip of all warrants
or parts of warrants issued on allowances made by the executive of Virginia prior to
the first day of March, 1852, coming within the principles already recognized by the De-
partment of the Interior in the execution of the provisions of the said act, and whether
issued before or since the first day of March, eighteen hundred and fifty-two: Pro-
vided, however, That no warrant or part of a warrant shall be satisfied in scrip, founded
or issued on any allowance made by the executive of Virginia since the first day of
March, eighteen hundred and fifty-two. - -
Approved June 22, 1860. º
GRADUATION ACT OF 1854.
To JUNE 30, 1882.
[See Chapter XXII, page 291 and 1277.]
No change in the chapter as printed on page 291.
COAL LANDS.
To JUNE 30, 1882.
[See Chapter XXIII, page 292 to 294 and 1277.]
The total number of entries under this act from March 3, 1866, to June 30, 1882, was
180, containing 24,560 acres, realizing $336,528.65.
SALES
OF COAL LANDS.
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ENTRY OF COAL LANDS—REGULATIONS AND FORMS. 965
º
REGULATIONS UNDER THE COAL LAND LA W AND FORMS FOR ENTRY.
IN EFFECT DECEMBER 1, 1883.
[See also “Decisions of Department of Interior to June 1883,” page 552.]
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
Washington, D. C., July 31, 1882.
GENTLEMEN: The following sections of the Revised Statutes provide for the sale of
coal lands of the United States:
TITLE XXXII, CHAPTER SIx.
MINERAL LANDS AND MINING RESOURCES.
SEC. 2347. Every person above the age of twenty-one years, who is a citizen of the
United States, or who has declared his intention to become such, or entº, of souland, a
any association of persons severally qualified as above, shall, upon March, 1873, c. 279, s. 1,
application to the register of the proper land office, havé the right to "***
enter, by legal subdivisions, any quantity of vacant coal lands of the United States
not otherwise appropriated or reserved by competent authority, not exceeding one .
hundred and sixty acres to such individual person, or three hundred and twenty acres
to such association, upon payment to the receiver of not less than ten dollars per
acre for such lands, where the same shall be situated more than fifteen miles from
any completed railroad, and not less than twenty dollars per acre for such lands as
shall be within fifteen miles of such road.
SEC. 2348. Any person or association of persons severally qualified, as above pro-
Vided, who have opened and improved, or shall hereafter open and preemption ofcoatland,
improve, any coal minié or mines upon the public lands, and shall be Ibid., 8, 2.
in actual possession of the same, shall be entitled to a preference-right of entry, under
the preceding section, of the mines so opened and improved: Provided, That when
any association of not less than four persons, severally qualified as above provided,
shall have expended not less than five thousand dollars in working and .#
any such mine or mines, such association may enter not exceeding six hundred an
forty acres, including such mining improvements.
SEC. 2349. All claims under the preceding section must be presented to the register
of the proper land-district within sixty days after the date of actual
possession and the commencement of improvements on the land, by Jº...;
the filing of a declaratory statement therefor; but when the town- in sixty days, &c.,
ship plat is not on file at the date of such improvement, filing must * * *
be made within sixty days from the receipt of such plat at the district office; and
where the improvements shall have been made prior to the expiration of three months
from the third day of March, eighteen hundred and seventy-three, sixty days from
the expiration of such three months shall be allowed for the filing of a declaratory.
statement, and no sale under the provisions of this section shall be allowed until the
fººtion of six months from the third day of March, eighteen hundred and seventy-
three,
SEC. 2350. The three preceding sections shall be held to authorize only one entry
by the same person or association of persons; and no association of only one entry allowed.
persons, any member of which shall have taken the benefit of such Ibid., S. 4.
Sections, either as an individual or as a member of any other association, shall enter
or hold any other lands under the provisions thereof; and no member of any associa-
tion which shall have taken the benefit of such sections shall enter or hold any other
lands under their provisions; and all persons claiming under section twenty-three
hundred and forty-eight shall be required to prove their respective rights, and pay
for the lands filed upon within one year from the time prescribed for filing their
respective claims; and upon failure to file the proper notice, or to pay for the land
. the required period, the same shall be subject to entry by any other qualified
applicant.
SEC. 2351. In case of conflicting claims upon coal lands where the improvements
shall be commenced after the third day of March, eighteen hundred conflicting claim. rºta,
and seventy-three, priority of possession and improvement, followed s. 5.
by proper filing and continued good faith, shall determine the preference-right to
purchase. And also where improvements have already been made prior to the third
day of March, eighteen hundred and seventy-three, division of the land claimed may
be made by legal subdivisions, to include, as near as may be, the valuable improve-
ments of the respective parties. The Commissioner of the General Land Office is
authorized to issue all needful rules and regulations for carrying into effect the pro-
visions of this and the four preceding sections. -
\
966 ENTRY OF COAL LANDS—REGULATIONS AND ForMs.
SEC. 2352. Nothing in the five preceding sections shall be construed to destroy or
Right, reserved rºa, impair any rights which may have attached prior to the third day of
s. 6. March, eighteen hundred and seventy-three, or to authorize the sale
of lands valuable for mines of gold, silver, or copper.
RULES AND REGULATIONS.
Under the authority conferred by said section 2351 the following rules and regula-
tions are issued for carrying into effect the provisions of said law :
1. Sale of coal lands is provided for—
By ordinary private entry under section 2347. *
By granting a preference-right of purchase, based on priority of possession and im-
provement, under 2348. -
2. The land entered under either section must be by legal subdivisions, as made by
the regular United States survey. Entry is confined to surveyed lands; to such as
are vacant, not otherwise appropriated, reserved by competent authority, or contain-
ing valuable minerals other than coal.
3. Individuals and associations may purchase. If an individual, he must be twenty-
one years of age, and a citizen of the United States, or have declared his intention to
become such citizen.
4. If an association of persons, each person must be qualified as above.
5. A person is not disqualified by the ownership of any quantity of other land, nor
by having removed from his own land in the same State or Territory. º
6. Any individual may enter by legal subdivisions as aforesaid any area not exceed-
ing one hundred and sixty acres.
7. Any association may enter not to exceed three hundred and twenty acres.
8. Any association of not less than four persons, duly qualified, who shall have ex-
pended not less than $5,000 in working and improving any coal mine or mines, may
enter under section 2348 not exceeding six hundred and forty acres, including such
mining improvements. --T
9. One person can have the benefit of one entry or filing only. He is disqualified
by having made such entry or filing alone, or as a member of an association. No entry
can be allowed an association which has in it a single person thus disqualified, as the
law prohibits the entry or holding of more than one claim either by an individual or
an association.
10. Lands that are sufficiently valuable for gold, silver, or copper to prevent their en-
try as agricultural lands cannot be entered as coal-lands; and you will not allow any
entry to be made under the above named provisions of law of lands valuable for their
deposits of said minerals.
11. The present rules relative to “hearings to establish the character of lands,” con-
tained in General Land Office regulations of October 31, 1881, issued under the min-
ing laws, will, as far as applicable, govern your action in determining the character
of lands sought to be entered as coal land.
12. The price per acre is $10 where the land is situated more than fifteen miles from
any completed railroad, and $20 per acre where the land is within fifteen miles of such
road. The price of the land, however, must be determined by its distance from a com-
º: railroad at the date of payment and entry irrespective of the preference-right
of entry.
13. When application is made to purchase coal-land at the rate of $10 per acre you
will in all cases require satisfactory proof that the land applied for is, at date of entry,
situated more that fifteen miles from any completed railroad. This proof may con-
sist of the affidavit of the applicant, or that of his duly authorized agent, corroborated
}. the affidavit of some disinterested credible party showing personal knowledge of the
acts.
14. Where the land lies partly within fifteen miles of such road and in part outside
such limit, the maximum price must be paid for all legal subdivisions the greater part
of which lie within fifteen miles of such road.
15. The term “completed railroad” is held to mean one which is actually constructed
on the face of the earth ; and lands within fifteen miles of any point of a railroad so
constructed will be held and disposed of at $20 per acres
16. Any duly qualified person or association must be preferred as purchasers of those
public lands on which they have opened and improved, or shall open and improve,
any coal mine or mines, and which they shall have in actual possession.
17. Possession by agent is recognized as the possession of the principal. The clear-
est proof on the point of agency must, however, be required in every case, and a
clearly-defined possession must be established.
18. The opening and improving of a coal mine, in order to confer a preference-right
of purchase, must not be considered as a mere matter of form ; the labor expended
and improvements made must be such as to clearly indicate the good faith of the claim-
ant.
ENTRY OF COAL LANDS—REGULATIONS AND FORMS. 967
19. These lands are intended to be sold, where there are adverse claimants therefor,
to the party who, by substantial improvements, actual possession, and a reasonable
industry, shows an intention to continue his development of the mines in preference
to those who would purchase for speculative purposes only. With this view, you will
require such proof of compliance with the law, when lands are applied for under sec-
tion 2348 by adverse claimants, as the circumstances of each case may justify.
20. In conflicts, where improvements have been or shall hereafter be commenced,
priority of possession and improvement shall govern the award when the law has
been fully complied with by each party. A mere possession, however, without satis-
factory improvements, will not secure the tract to the first occupant when, a subse-
quent claimant shows his full compliance with the law.
21. After an entry has been allowed to one party, you will make no investigation
concerning it at the instance of any person except on instructions from this office.
You will, however, receive all affidavits concerning such case and forward the same
to this office, accompanied by a statement of the facts as shown by your records.
22. Prior to entry it is competent for you to order an investigation, on sufficient
grounds set forth under oath of a party in interest and substantiated by the affidavits
of disinterested and credible witnesses.
MANNER OF OBTAINING TITLE.
Application for coal lands—private entry.
23. When title is sought by private entry the party will himself make oath to the
following application, which must be presented to the register:
I, -— , hereby apply, under the provisions of the Revised Statutes of the
United States relating to the sale of coal lands of the United States, to purchase the
quarter of section ——, in township of range , in the district of
lands subject to sale at the land office at , and containing acres; and I
solemnly swear that no portion of said tract is in the possession of any other party;
that I am twenty-one years of age, a citizen of the United States (or have declared
my intention to become a citizen of the United States), and have never held nor pur-
chased lands under said act, either as an individual or as a member of an association;
and I do further swear that I am well acquainted with the character of said described
land, and with each and every legal subdivision thereof, having frequently passed
over the same; that my knowledge of said land is such as to enable me to testify un-
derstandingly with regard thereto; that said land contains large deposits of coal and
is chiefly valuable therefor; that there is not to my knowledge within the limits
thereof any vein or lode of quartz or other rock in place bearing gold, silver, or cop-
per, and that there is not within the limits of said land, to my knowledge, any valu-
able deposits of gold, silver, or copper. So help me God.
24. Thereupon the register, if the tract is vacant, will so certify to the receiver,
stating the price, and the applicant or his duly authorized agent must then pay the
amount of purchase money.
25. The receiver will then issue to the purchaser a duplicate receipt, and at the
close of the month the register and receiver will make returns of the sale to the Gen-
eral Land Office, from whence, when the proceedings are found regular, a patent or
complete title will be issued; and on surrender of the duplicate receipt such patent
will be delivered, at the option of the patentee, either by the Commissioner at Wash-
ington or by the register at the district land office.
26. This disposition at private entry will be subject to any valid prior adverse
; which may have attached to the same land, and which is protected by section
348.
PRE-EMPTION OF COAL LANDS.
27. Second. When the application to purchase is based on a priority of possession,
&c., as provided for in section 2348, the claimant must, when the township plat is on
file in your office, file his declaratory statement for the tract claimed sixty days from
and after the first day of his actual posession and improvement. Sixty days, exclu-
sive of the first day of possession, &c., must be allowed.
Declaratory 8tatement.
28. The declaratory statement must be substantially as follows, to wit:
I , do solemnly swear that I am years of age, and a citizen of
the United States (or have declared my intention to become a citizen of the United
\
968 ENTRY OF COAL LANDS—REGULATIONS AND FORMs.
\
States), that I never have, either as an individual or as a member of an association,
held or purchased any coal lands under the provisions of the Revised Statutes of the
United States relating to the sale of coal lands of the United States, and I do hereby
declare my intention to purchase, under the provisions aforesaid, the Quarter
of section , in township of range , of lands subject to sale at the
district land office at , and that I came into posession of Said tract on the
day, of , A. D. 18—, and have ever since remained in actual possession con-
tinuously; that I have located and opened a valuable mine of coal thereon; and have
expended in labor and improvements on said mine the sum of dollars, the labor
and improvements being as follows: (here describe the nature and character of the
improvements) and I do furthermore solemnly swear that I am well acquainted with
the character of said described land, and with each and every legal subdivision thereof,
having frequently passed over the same; that my knowledge of said land is such as to
enable me to testify understandingly with regard thereto; that there is not, to my
knowledge, within the limits thereof any vein or lode of quartz or other rock in place
bearing gold, silver, or copper, and that there is not within the limits of said land, to
my knowledge, any valuable deposit of gold, silver, or copper. So help me God.
29. When the township plat is not on file at date of claimant's first possession the
º statement must be filed within sixty days from the filing of such plat in
your ornce. - -
30. One year from and after the expiration of the period allowed for filing the de-
claratory statement is given within which to make proof and payment; but you will
allow no party to make final proof and payment except on notice to all others who
appear on your records as claimants to the same tract.
31. A party who otherwise complies with the law may enter after the expiration of
said year, provided no valid adverse right shall have intervened. He postpones his
entry beyond said year at his own risk, and the Government cannot thereafter protect
him against another who complies with the law, and the value of his improvements
can have no weight in his favor.
Affidavit of claimant at time of purchase.
32. Each claimant at the time of actual purchase must make affidavit as follows:
I , claiming under the provisions of the Revised Statutes of the United
States, relating to the sale of coal lands of the United States, the right of purchase
to the quarter of section , in township of range , subject
to sale at , do solemnly swear that I have never had the right of purchase un-
der the aforesaid provisions of law either as an individual or as a member of an asso-
ciation, and that I have never held any other lands under its provisions. I further
swear that I have expended in developing coal mines on said tract in labor and im-
provements the sum of dollars, the nature of such improvements being as fol-
lows: ; that I am now in the actual possession of said mines, and
make the entry for my own use and benefit, and not directly or indirectly for the use
and benefit of any other party; and I do furthermore swear that I am well acquainted
with the character of said described land, and with each and every legal subdivision
thereof, having frequently passed over the same; that my knowledge of said land is
such as to enable me to testify understandingly with regard thereto; that the same is
chiefly valuable for coal; that there is not, to my knowledge, within the limits thereof
any vein or lode of quartz or other rock in place bearing gold, silver, or copper, and
that there is not within the limits of said land, to my knowledge, any valuable de-
posit of gold, silver, or copper. So help me God.
33. The application, declaratory statement, and the affidavit required at the time
of actual purchase—the forms of which are given above under paragraphs 23, 28, and
32—may be sworn to before any officer authorized by law to administer oaths, but the
authority of such officer must be properly shown. *
34. Any party duly qualified under the law, after swearing to his application or de-
claratory statement, may, by a sufficient power of attorney, duly executed under the
laws of the State or Territory in which such party may then be residing, empower an
agent to file with the register of the proper land office the application, declaratory
statement, or affidavit required at the time of actual purchase, and also authorize him
to make payment for and entry of the land in the name of such qualified party; and
when such power of attorney shall have been filed in your office you will permit such
agent to act thereunder as above indicated.
35. Where a claimant shows by affidavit that he is not personally acquainted with
the character of the land, his duly authorized agent who possesses such knowledge
T}ONA'I'ION ACTS. 969
may make the required affidavit as to its character; but whether this affidavit is made
by principal or agent, it must be corroborated by the affidavits of two disinterested and
credible witnesses having knowledge of its character.
36. Nothing in these regulations shall be so construed as to prevent a party from
proving his citizenship or age, or establishing the status of the lands sought to be
entered, in accordance with ordinary rules of evidence; and any proof regularly intro-
duced for that purpose that would be competent in a court or before a commissioner
charged with the ascertainment of facts may be considered.
A88ignments recognized.
37. Assignments of the right to purchase will be recognized when properly executed.
Proof and payment must be made, however, within the prescribed period, which dates
from the first day of the possession of the assignor who initiated the claim.
38. The “Rules of Practice in cases before the United States district land offices,
the General Land Office, and the Department of the Interior,” approved December
20, 1880, will, as far as applicable, govern all cases and proceedings arising under the
sections of the Revised Statutes above quoted providing for the sale of coal lands of
the United States.
39. You will report at the close of each month as “sales of coal lands” all filings
and entries in separate abstracts, commencing with number one, and thereafter pro-
ceeding consecutively in the order of their reception. Where a series of numbers
has already been commenced by sale of coal lands you will continue the same with-
out change.
N. C. McFARLAND,
Commissioner.
TO REGISTERS AND RECEIVERS.
DEPARTMENT OF INTERIOR, July 31, 1882.
H. M. TELLER,
Secretary.
Approved.
ESTIMATE OF COAL LANDS AND LOCATION.
[See pages 292, 293, herein.]
New discoveries are being constantly made. The probabilities are that much of
the valley and plains land of the desert and arid region cover coal beds.
DONATION ACTS.
[See Chapter XXIV, pages 295 to 297 and 1278.]
To JUNE 30, 1882.
Under the several donation acts the nation has disposed of public lands as follows:
Acres.
Under Florida act of August 4, 1842, to June 30, 1882, 1,317 entries, con-
taining ------------------------------------------------------------ 210,720.00
Under Oregon act of September 27, 1850, to June 30, 1882, 7,317 entries,
containing--------------------------------------------------------- 2,563,752.02
Under Washington act of March 2, 1853, to June 30, 1882, 985 entries,
containing -------- " " ' " " ------------------------------------------ 290,215.35
Under New Mexico act of July 22, 1854, to June 30, 1882, 332 entries,
containing--------------------------------------------------------- 52,609. 36
A grand total to June 30, 1882, of. ------------------------------ 3, 117,401.73
NEW MEXICO DONATION ACT,
[See, also, “Decisions of Department of the Interior and General Land Office to June, 1883," page 287.)
The only donation act in operation is the act relating to New Mexico. The follow-
ing corrected table (see page 297) exhibits the results of this act to June 30, 1882.
970 TOWN SITES AND COUNTY SEATS.
New Mexico donations, under the act of July 22, 1854 (10 Stats., 308), reported to the General
Land Office up, to June 30, 1882. t

Number of Area
certificates. .
Acres.
For the fiscal year 1874----------------------------------------------------- 29 || 4, 519. 19
For the fiscal year 1875 ----------------------------------------------------. 1 160.00
For the fiscal year 1876 ----------------------------------------------------- 1 320, 00
For the fiscal year 1877 ------------------------...-------------------------- 6 960. 00
For the fiscal year 1878 ----------------------------------------------------. 22 2, 160.00
For the fiscal year 1880 ----------------------------------------------------- 60 10,981. 32
For the fiscal year 1881 ----------------------------------------------------• 120 20, 115.98
For the fiscal year 1882 --------------. ------------------------------------- 84 13,392.87
Total ----------------------------------------------------------------- 332 52, 609, 36
TOWN-SITE AND COUNTY-SEAT ACTS.
[See Chapter XXV, pages 298 to 305, inclusive, and 1278.]
To JUNE 30, 1882.
Under all of these several acts there has been disposed of to June 30, 1882, 162,794.41
3,OIOS,
TOTAL ENTRIES TO JUNE 30, 1882, of Town SITEs.
To June 30, 1880, under the town-site acts, there were located, on public lands, 420
towns, containing 144,131.23 acres; from June 30, 1880, to June 30, 1882, there were
located 45 towns, with an acreage of 12,626.50 acres; in all to June 30, 1882,465 towns,
with a total acreage of 156,757.73 acres.
COUNTY SEATS.
[See page 305, and also section 2286, R. S.]
TOTAL ENTRIES TO JUNE 30, 1882, UNDER county-SEAT ACT.
To June 30, 1880, eight counties under the county-seat act located 886.68 acres;
from June 30, 1880, to June 30, 1882, one county took the benefit of the act, locating
160 acres; in all to June 30, 1882, nine entries, containing 1,046.68 acres.
TOWN LOTS.
[See page 305, and also section 2382, R. S.]
ToTAL ENTRIES UNDER Town-Lot ACT To JUNE 30, 1882.
Six towns took the benefit of the town-lot act, entering 649 blocks, containing
3,840 acres, to June 30, 1880. From that date to June 30, 1882, one town received the
benefit of the act, entering 102 blocks, containing 510 acres; in all, to June 30, 1882,
seven entries, containing 751 blocks, embracing total area of 4,350 aeres.
MILITARY RESERVATIONS.
SALE OF MILITARY RESERVATION AT DALLEs, or EGON.
By act of March 3, 1877, 128 city lots were sold, at the Dalles, Oregon, containing
640 acres.
Town SITES AND COUNTY SEATs.
971
TOWN SITES.
FROM JUNE 30, 1880, To JUNE 30, 1882.
Forty-five entries were approved under the town-site acts, as follows, containing
12,626.50 acres:
List of town-site entries approved from July 1, 1880, to June 30, 1882, inclusive.
I)ate of entry. Town site. State º, rerº *...* Act.
Jan. 3, 1880 || Pine Valley. -- - - - - - - - - - - - - - - - - - - - - - - - - - - Utah... -------- 240 March 2, 1867
May 20, 1879 || Harper ...------------------------------. Kansas . . . . . . . . . 160 March 3, 1871
Jan. 13, 1879 | Capital City . . . . . . . . . . ... --...------...--. Colorado - . . . . . 101.65 | March 2, 1867
Oct. 4, 1880 | Hamilton ---------------...------------. Nevada ........ 155. 07 Do.
July 10, 1880 | Glendale.-----------...-----------------. Montana ...... 33.81 Do.
Nov. 6, 1879 | Republican City..... --...--------------. Nebraska........ 327. 40 Do.
Aug. 2, 1880 | Downieville.--...--...------------------- California.-----. 240 Do.
Oct. 26, 1880 Wauship........ tº e s as a e s as sº s º ºs e º e s s as a 4 - - - - Utah. -----...-- 40 Do.
July 19, 1880 || Pitkin ---------------------------------. Colorado ... . . . . 160 Do.
Feb. 5, 1881 | Mantau. -----------...------------------. Utah -----...--. 640 Do.
Apr. 8, 1880 | Salina. ------...------------------------|----- do---------. 280 Do.
Apr. 8, 1880 | Redmond . . . . . . . . . . . . . . --...------------- --- do. --------. 160 Do.
Apr. 28, 1880 | Lehi ------------------------------------|----- do---------. 320 March 3, 1877
Apr. 10, 1880 | Newton ---...------...-------------------|----- do---------. 480 March 2, 1867
Apr. 10, 1880 | Paradise. ------------------------------|----- do---------. 640 Do.
Apr. 10, 1880 | Clarkston.------...--------------------. ----- do---------> 640 Do.
Oct. 7, 1880 | Maysville- - - - - - -...---------------------. Colorado. . . . . . . . 320 Do.
Mch. 4, 1880 | Strawberry Valley --........... --...--- California....... 320 Do.
Mch. 18, 1881 | Bonanza City. --...-...---------------- Colorado. . . . . . . . 280 Do.
Nov. 16, 1876 | Cherryvale ------------...--...------...---- Ransas . . . . . . . . 80 Do.
Sept. 9, 1880 || Kokomo. ------------------------------ Colorado. ....... 121.61 Do.
June 25, 1881 | Latrobe --------...---------------------- California....... 240 Do.
July 21, 1881 | Sierra City...... -----------...------------|----. do. -- ----- 332.48 Do.
June 25, 1880 | Paris ----------------------------------. Idaho----------. 640 Do.
June 25, 1880 || Montpelier. --...-------------------...-- |---- •-do---------. 562. 64 Do.
June 25, 1880 | Bloomington -------------...-----------|. -----do---------. 560 Do.
June 25, 1880 | St. Charles ---------------------------- |----- do---------- 320 Do.
July 8, 1881 || Rapid City. --...--...-. & e s as a - - * * * * * * * * * * Dakota --------. 640 Do.
Apr. 8, 1880 | Elsinore .---------...-------------------. Utah.-----...--. 200 IDO.
Jan. 31, 1881 | Alpine. ------...------------------------- California.------ 69.40 || March 3, 1877
Apr. 7, 1881 | St. Elmo. ------------------------------. --- - do---------- 157.02 || March 2, 1867
July 9, 1881 | Eureka --------------------------------|----- do---------- 179. 69 Do.
Apr. 4, 1881 | Cornwell -------------------------------|---. do. --------. 320 Do.
May 22, 1880 | Mayfield. ------------------------------- Utah...-------.. 640 Do.
• Dec. 3, 1881 | Teller ---------------------------------- Colorado. ...---- 304. 50 Do.
July 26, 1880 || Mendon City ......... ....... ---------- tah-----------. 80 March 3, 1877
Aug. 13, 1881 | Sedgwick:--------- ... ----------------- Colorado. ....... 321.25 | March 2, 1867
Apr. 16, 1881 | Indian City----------------------------- Kansas ......... 160 May 23, 1844
Feb. 6, 1882 | Vulture City.... . . . . . . . . . . . . . . . . . . . . . . . Arizona.----.... 160 March 2, 1867
Jan. 17, 1881 | Brigham City...------------------...... Utah ----------. 120 Do.
Mch. 29, 1877 | Florence........ ---...-------------..... Arizona. --...--. 160 Do.
Dec. 2, 1882 Junction City .......... ------------...-- Colorado ........ 80 Do.
Mch. 2, 1882 | Lulu City . . . . . . . . . ... -----------------|----- do---------. 159, 98 Do.
Apr. 9, 1880 || Tombstone.-----...---------------------. Arizona. --...... 320 Do.
Oct. 23, 1880 iowa ---------------------------------. In 888 - - - - - - - - - 160 Do.
Town-Lot ACT, SEC. 2382. bl’k
'ks, 102
Ketchum ------------------------------- Idaho. -------. {|... ;|}July 1, 1884
County-SEAT ACT, SEc. 2286.
Apr. 10, 1880 || Cache County...... * * * * * * * * * * * * * * * * * * * * * Utah.------ * * * * * 160 May 26, 1824
SALE OF MILITARY RESERVATION. bl’ks, 128
The Dalles.----------------- * * * * * * * * * * * * Oregon.------ & : acres, 640 }March 3, 1877
Total.-----------------------------|------------------ 13,936. 50
TOWN SITES AND TOWN LOTS,
DECISIONS AND RULINGS.
For decisions as to, see annual reports Commissioner of the General Land Office,
and “Decisions of the Department of the Interior and General Land Office, from June,
1881, to June, 1883,” pages 501 to 506, and 567, 568.
972 ENTRY OF Town SITEs—METHOD OF, AND ForMs.
\,
METHOD OF ENTRY AND FORM OF PATENT.
The following letters of the Secretary of the Interior and Commissioner of the Gen-
eral Land Office are inserted on account of historical interest and information.
[Ex. Doc. No. 187, Forty-sixth Congress, Second Session.]
Letter from the Secretary of the Interior, transmitting, in response to Senate resolution of the
30th ultimo calling for information concerning entries of town sites on mineral lands, the
report of the Commissioner of the General Land Office on the 8wbject.
MAY 25, 1880.-Referred to the Committee on Public Lands and ordered to be printed.
DEPARTMENT OF THE INTERIOR,
* Washington, May 24, 1880.
SIR: In answer to Senate resolution of the 30th ultimo calling on me for information
concerning entries of town sites on mineral lands, I have the honor to transmit here-
with the report of the Commissioner of the General Land Office on the subject, under
date of the 7th instant, and to state that I concur in the views therein set forth.
Very respectfully, -
C. SCHURZ,
Secretary.
The Hon. the PRESIDENT OF THE SENATE.
DEPARTMENT OF THE INTERIOR,
º GENERAL LAND OFFICE,
Washington, D. C., May 7, 1880.
SIR: I have the honor to acknowledge receipt, by Department reference of 3d instant,
of Senate resolution dated 30th ultimo, as follows:
“Resolved, That the Secretary of the Interior be directed to inform the Senate if
changes of rulings and construction of statutes concerning entries of town sites upon
mineral lands have recently been made in his Department; whether such change of
ruling and construction have affected the substantial rights of parties who have
settled upon the public lands, and, if so, what legislation, if any, is in his judgment
necessary to protect the equitable rights of such parties; and the Secretary is requested
to suspend action upon cases affected by said rulings until action by Congress.”
I will first give, briefly, the outlines of the practice of this office under the laws
relating to the subject presented by said resolution.
“The act for the disposal of coal lands and of town property in the public domain,”
approved July 1, 1864 (13 Stats., 343), was prior to the acts providing for the sale of
mineral lands, other than coal, and did not mention such other minerals. o
In “An act supplemental to the act approved first July, eighteen hundred and sixty-
four, for the disposal of coal lands and of town property in the public domain,” ap-
proved March 3, 1865 (13 Stats., 529), the existence of minerals in such lands was
recognized, as follows: -
“Provided further, That where mineral veins are possessed, which possession is recog-
nized by local authority, and to the extent so possessed and recognized, the title to
town lots to be acquired shall be subject to such recognized possession and the neces-
sary use thereof; Provided, however, That nothing contained herein shall be so con-
strued as to recognize any color of title in possessors for mining purposes as against
the Government of the United States.”
i. º was also prior to the first act providing for the sale of mineral lands, other
than coal.
In the official circular instructions, under the last-named act, the provisions relating
to mineral veins are referred to as follows:
“In the second section of the supplemental act it is provided that parties having a
possessory right to mineral veins, which possession is recognized by local authority, are
to be protected therein, and titles to be acquired to town lots under this act are made
subject to “such recognized possession and the necessary use thereof,” yet with an
express saving of the paramount title of the United States.”
No further instructions seem to have been given upon said point.
The first act of Congress providing for the sale of mineral lands, other than coal,
was approved July 26, 1866 (14 Stats., 251), and entitled “An act granting the right
of way to ditch and canal owners over the public lands, and for other purposes.”
This act made no specific reference to town sites, but allowed the party in possession
of a mining claim, held in accordance with local customs or rules of miners, and in
regard to whose possession there was no controversy or opposing claim, to purchase
the same from the United States and receive patent therefor. -*
º
ENTRY OF Town SITEs—METHOD OF, AND FORMS. 973
The act approved March 2, 1867, entitled “An act for the relief of the inhabitants
of cities and towns upon the public lands” (14 Stats, 541), provides for the entry of
lands “settled upon and occupied as a town site and therefore not subject to entry
under the agricultural pre-emption laws,” by the corporate authority, in case the town
should be incorporated, and otherwise by the judge of the county court, in trust for
the several use and benefit of the occupants thereof, and contained the following
proviso: -
“And provided further, That no title shall be acquired, under the provisions of this
act, to any mine of gold, silver, cinnabar, or copper.”
On June 8, 1868, an act amendatory of the last-named act of March 2, 1867, was ap-
proved (15 Stats., 67), and contained the following provision:
“That no title under said act of March two, eighteen hundred and sixty-seven, shall
º: acquired to any valid mining claim or possession held under the existing laws of
ongress.”
#. official circular-instructions issued under said acts, and dated September 21,
1868, the provision relating to mines was only referred to, as follows:
“All military and other reservations of the United States, private grants, and valid
mining claims, are excluded from the operation of these town-site laws.”
April 21, 1869, the then Commissioner of this office, in a letter to the local land
officers at Sacramento, Cal., concerning the application to enter Nevada City, Cal.,
as a town site, held that the mines of gold formerly in the land having been com-
pletely exhausted, the town-site entry could be made.
Section 2318, U. S. Revised Statutes, provides that—
“In all cases lands valuable for minerals shall be reserved from sale, except as other-
wise expressly directed by law.”
ENTRIES OF TOWN SITES ON MINERAL LANDS.
The town-site entry of Clarksville, Cal., was approved for patent August 23, 1872, and
was the FIRST ENTRY patented with a reservation inserted in the patent saving min-
eral rights, it having evidently been theretofore the practice to require proof of the
non-mineral character of the land applied for as a town site, and to allow town-site
entry only upon proof that the land was non-mineral.
In the annual report of this office for 1872, on page 21, the then Commissioner said:
“There has been no legislation by Congress since my last report relative to the loca-
tion of town sites upon the public lands. It is now held by this office that patents
may issue to the proper authorities for lands claimed as mineral, stating that “no title
shall be hereby acquired to any mine of gold, siver, cinnabar, or copper, or to any valid
mining claim or possession held under existing laws of Congress.’ This obviates the
necessity of suspending the issue of patent until the non-mineral character of the land
has been shown, and allows parties claiming lots on a town site to obtain title thereto
at an early day after the entry has been made, while any part of the land upon which
minerals exist is specially reserved and excepted from the operation of the patent.”
The practice indicated as above was followed thereafter until October 6, 1875, in
the matter of the Silver City town site, Nevada. The Commissioner, in addition to
the usual clause of reservation, decided to except from the operations of the patent
certain mineral surveys by name.
The owners of mines under the town site of Central City, Colo., for which applica.
tion for patent had been made, desired that any patent which should issue for the
town site should contain the following clause:
“Provided, That no title shall be acquired under this patent to any mine of gold,
silver, cinnabar, or copper, nor to any surface ground over any such mine, or within
fifty feet on each side of the same, throughout the length of the vein, which said sur-
face ground shall be reserved, and shall be sold with the mines for the special use and
working thereof at not less than dollars per acre.”
PATENTS FOR TOWN SITE ON LAND CONTAINING VEINs.
On the 23d of December, 1875, my predecessor rendered decision in said case, stating
that patent for the town site would issue with a proviso in the following form:
“Provided, That no title shall be hereby acquired to any mine of gold, silver, cinna-
bar, or copper, or to any valid mining claim or possession held under existing laws:
And provided further, That the grant hereby made is held and declared to be subject
to all the conditions, limitations, and restrictions contained in section two thousand
three hundred and eighty-six of the Revised Statutes of the United States so far as
the same are applicable thereto.”
The exception in mining patent for land within a town site was also in the same
decision recited, as follows:
“Excepting and excluding, however, from these presents all town property rights
upon the surface, and there are hereby expressly excepted and excluded from the same
974 ENTRY OF Town SITES—METHOD of, AND ForMs.
r
all houses, buildings, and structures, lots, blocks, streets, alleys, or other municipal
improvements on the surface of the above-described premises, not belonging to the
grantees herein, and all rights necessary or proper to the occupation, possession, and
enjoyment of the same.”
Said decision was affirmed by Hon. Secretary Chandler, June 7, 1876.
It should here be remarked that said decision relates to a town site upon land con-
taining veins, and was, therefore, directly founded upon section 2386, Revised Statutes,
which relates exclusively to veins.
TOWN SITE ON PLACER GROUND.
On the 23d of November, 1876, the local land officers at Helena, Mont., were instructed
by me to allow the entry of the town site of Butte, and that the patent would con-
tain the reservation specified in said decision in case of Central City town site before
mentioned. The town of Butte was located upon placer ground, and I held that after
the issue of patent to the town site with said reservation, the title to all valid mining
claims or possessions still remained in the United States, and that title thereto could
only be acquired under the provisions of law relating to the disposal of mineral lands
by parties who showed compliance with the terms of the mining acts.
In the case of Kemp vs. Starr, an application having been made by Starr for patent
to his placer-mining claim, in Leadville, Colo., it was alleged that the land was non-
mineral, whereupon a hearing was held to determine the fact.
It was proven that the claim was valuable for minerals; that it was regarded as
placer-mining ground as early as 1860; that the mining claims represented by Starr
had their inception long prior to the occupation of any portion of the land as a town
site; that at a very recent date there had been a sudden influx of population, whose
residence or occupancy would doubtless depend upon the mining prosperity of the
locality; that in order to prevent forcible occupation, the proprietors of the mining
claim had laid out lots on a part thereof, and permitted building on certain consid:
erations, and agreements for the conveyance of such lots, upon receiving patent, being
executed, and that the town authorities made no opposition to Starr's application for
atent.
p I held that the application of Starr for a patent should be allowed; and that no
exception of any town rights should be inserted in the patent, for the reason that his
claim was a surface claim, and was anterior to town site occupation, no adverse or
conflicting right having been acquired by the town or by individual settlers who went
there with record notice of ownership of said placer claim.
My decision in this case was affirmed by you under date of March 4, 1879.
In your decision you said: º
“After careful consideration of the same, I concur with you that the land embraced
in the application is land which should, under the provisions of section 2318, Revised
Statutes, be held as “valuable for minerals,’ and should be reserved from sale except as
provided by law regulating the sale of mineral lands. In my opinion, the evidence
submitted as to the relative value of the land for town-site or mining purposes was
improperly allowed. If the land is mineral, it was subject to location only under the
provisions of the mining law, without reference to the relative value of a portion of
the tract for town-site purposes.”
The decision of the Department of June 7, 1876, in case of the town site of Central
City related to a towa site overlying veins, which condition is referred to in Revised
Statutes, section 2386, and was the first decision of a case involving the question then
presented. t
That decision has been uniformly followed to this day. -
The decision aforesaid by the Department in the Starr claim was its first decision
upon a case where a town site was located upon placer mines, which, as a rule, are
surface claims, and are valueless, when unaccompanied by surface proprietorship.
This decision has likewise been followed uniformly since it was rendered.
It will therefore be seen that the decisions of the Department have not been changed;
they have simply been rendered when cases involving the separate specific questions
aforesaid have been regularly presented for adjudication.
It is hardly within my power to report specifically “whether the substantial rights
of parties who have settled upon the public lands” have been affected by said rulings.
It #. been the law for many years that no title should be acquired through a town-
site patent to any valid mining claim or possession. (See section 2392, Revised
Statutes.
The thion aforesaid in case of the Central City town site relates to a town over-
lying veins, the use and development of which is compatible with surface occupation
by a town, and seemed distinctly justified by section 2386, Revised Statutes.
In the town site of Deadwood, Dak., lately the subject of a decision by me, it was
found that town site occupation followed the location of placer-mining claims, and did
not precede such locations; that the placer-miners were actually prohibited in some
ENTRY OF Town SITEs—METHOD OF, AND ForMs. 975
instances from working their claims at all, because they were prevented by force and
by color of municipal authority from having the necessary drainage and facilities es-
sential to such work. Yet it appearéd in that case that the occupation for dwelling
and business purposes followed close upon the occupation for mining purposes, and
Was Substantially contemporaneous with it. The mines were surface claims, however,
and their development was plainly incompatible with municipal occupation. The
former probate judge who made the entry, entered and paid for every foot of ground
within the survey for the town site, including a number of mineral surveys, of which
entries had then already been made, and were in this office awaiting patents; and by
publication in the newspapers said probate judge gave the claimants to city lots no-
tice to pay for the same within thirty days, and that the land not so taken would then
be sold and disposed of at public sale.
While this case has not yet been taken before you on appeal from this office, I have
mentioned it as illustrating the difficulties involved in cases where town sites are
made upon land located, purchased, and valuable for placer mines.
In view of the fact that it has for many years been the law that no title to a valid
mining claim or possession could be acquired through a town-site entry, and that,
when a surface placer-claim of value existed, the town site claimant necessarily had
personal knowledge of the incompatibility of the existence of both claims upon the
same ground, I am, in the absence of accurate knowledge of the equitable claims, if
any, existing in individual cases heretofore embraced in general adjudications, un-
able to advisedly conclude what, if any, equitable relief is due, or what legislation
could be directed to relieve such occupants of town sites which would not at the same
time destroy essential rights long since allowed by law to mineral claimants.
In such cases, where the land has been awarded to mineral claimants, it is extremely
probable that surface occupants have already purchased from the mineral owners such
privileges as were necessary or desirable, and that any present disturbance of title
heretofore adjusted by this Department would result only in positive injury to the
actual occupants of such lands. That parties interested in speculations might profit
by such unsettling of title should not constitute a reason for new legislation.
LEGISLATION RECOMMENDED.
Concerning defects in the present law, I am of the opinion, in view of all the diffi-
culties which seem to surround this question, and the uncertainty of title which is
represented to result from the apparently unavoidable construction of the existing
laws, that such legislation should be had as would most distinctly define the respect-
ive rights of mineral and town-site claimants, and leave the least possible ground for
controversy or possible misdirection. Legislation upon the subject which would
clearly advise all parties of their rights and mislead none and leave nothing to chance,
. be of such paramount importance that other considerations could well be post-
poned. -
To this end I would respectfully suggest that if new legislation be had, it should
provide for the following conditions:
1st. Where mineral location of lodes or placer antedates town occupation, patent
should issue, without reservation, to the mineral claimants. .
2d. Where the land is occupied as a town prior to mineral location, and the char-
acter of the town occupancy is clearly permanent and in good faith, the same rule of
priority should control; and patent, without reservation, should issue to the town
authorities, without regard to the characters of the land.
3d. Where the ground is known to be mineral in character, and the location of
mining claims and building and occupancy of dwellings, stores, &c., proceed contem-
poraneously, very difficult questions of fact arise in every case. Minerals are discov-
ered in any certain locality; locations are made; temporary dwellings are erected;
miners from different localities rush in, under the excitement of the new discoveries;
stores, saloons, boarding-houses, &c., &c., are built to satisfy the demand of trade
during what may be the transient occupation of the mining camp. No man during
that period builds or occupies for permanent purpose; he is there for the profits of
the hour. If the mineral developments after due effort are found to be poor, the place
is soon abandoned for other more promising localities; if the mines are found rich
and extensive, the general occupation will soon take the character of permanency, of
which there was no earlier intent. Now, when the surface occupants decide upon
permanent and organized occupation, it is in their power to immediately apply for pat-
ent; and if any delay in preparation is necessary, they can at least give published
Inotice of their claim, with its boundaries, and file the same in the district land office;
and this would be a full notice from its date to all subsequent locators of mining
claims, and the right of the town to unlocated ground should attach and patent issue
without exception in favor of such subsequent locators, while prior locations made
during the period when everything except the mining location was considered as
transient, and calculated only for temporary purposes, should not be embraced in a
976 ENTRY OF Town SITEs—METHOD of, AND ForMs.
town-site entry, but be subject to entry and patent without any reservation, by the
individual owners thereof. -
I think that any objection to this plan based upon the proposition that valuable
mineral ground may sometimes be patented to a town should be subordinated to the
1arger interests, public and private, to be secured only by certainty of proceeding and
peace of title.
The said Senate resolution is here with returned.
Very respectfully, your obedient servant,
J. A. WILLIAMSON,
Commissioner.
Hon. SECRETARY OF THE INTERIOR.
TOWN SITES.
[Official circular.]
IN EFFECT DECEMBER 1, 1883.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., October 1, 1880.
º º * $º. # $ $
The eighth chapter of the Revised Statutes of the United States, comprising sections
2380 to 2394, and act of Congress of March 3, 1877, provide for the disposal of town
sites on the public domain.
TITLE, HOW ACQUIRED.
There are two methods by which title to such town property may be acquired, sub-
ject to the election of parties desiring to do so; one provided for in sections 2382,2383,
2384, and 2385, and the other in sections 2387, 2388, and 2389 of the Revised Statutes of
the United States. The first method limits the extent of the area of the city or town
to 640 acres, to be laid off into lots, and which, after filing in the General Land Office
the transcript, statement, and testimony required by section 2382, are to be offered at
public sale to the highest bidder, at a minimum of ten dollars for each lot. Lots not
thus disposed of are made thereafter liable to private entry at said minimum, or at
such reasonable price as the Secretary of the Interior may order from time to time, as
the municipal property may increase or decrease, after at least three months' notice.
A privilege, however, is granted to any actual settler upon any one lot of pre-empting
that, and any additional lot on which he may have “substantial improvements,” at
said minimum, at any time before the day fixed for the public sale.
ENTRY, HOW MADE BY INDIVIDUALS. \
There are, however, certain preliminary conditions to be complied with in order to
the enjoyment of the privileges granted in this section. Parties who have already
founded, or may hereafter found, a city or town are required—
1st. To file with the recorder of the county in which the town or city is situate a
plat thereof, not exceeding 640 acres, describing its exterior boundaries according to
the lines of the public surveys, where such surveys have been executed.
2d. Also the plot or map of such city or town must exhibit the name of the city or
town, the streets, squares, blocks, lots, and alleys; the size of the same, with meas-
urements and area of each municipal subdivision, the lots in which shall each not
exceed 4,200 square feet, with a statement of the extent and general character of im-
provements. -
3d. Further, the said map and statement to be verified by oath by the party acting
for and in the behalf of the founders of the city or town. -
4th. Within one month after filing the map or plat with the recorder of the county
a verified copy of said map and statement is to be sent to the General Land Office,
accompanied by the testimony of two witnesses that such city or town has been estab-
lished in good faith. -
5th. Where the city or town is within the limits of an organized land district, a
similar copy of the map and statement must be filed with the register and receiver.
Section 2383 provides for cities or towns founded on unsurveyed land, and directs
that it may be lawful to adjust the exterior limits of the premises with the lines of the
public surveys, where it can be done without impairing the rights of others. It also
provides for the issue of patents for lots disposed of under these provisions as in ordi-
nary cases.
Section 2384 authorizes the Secretary of the Interior, in case the parties interested
-shall fail or refuse, within twelve months of the founding of a city or town on the
public domain, to file in the General Land Office a copy of the map, with the state-
iment and testimony called for by section 2382, to cause a survey and plat to be made
ENTRY OF Town SITES.–METHOD of, AND FORMS. 977
of the said city or town, and thereafter the lots to be sold, as provided, at an increase
of fifty per cent. on the minimum price of ten dollars per lot.
ENTRY, IIow MABE BY INHABITANTS OF CITIES OR TOWNS.
Sections 2387, 2388, and 2389 grant to the inhabitants of cities and towns on the
public lands the privilege of entering the lands occupied as town sites at the minimum
price of one dollar and twenty-five cents per acre, through the corporate authorities
of such towns and cities, or the judges of the county courts, acting as trustees for the
occupants thereof.
This privilege is granted where such mode of obtaining title to town property is
preferred to that provided in sections 2382,2383,2384, and 2385, which are not repealed
by the former sections. The inhabitants of these towns or cities are limited, however,
to one or the other of the modes provided in these statutes, and cannot commence
proceedings under both systems.
The provisions of sections 2382, 2383, 2384, and 2385 were originally embodied in
the acts of Congress of July 1, 1864, and March 3, 1865; those of sections 2387, 2388,
and 2389 in the act of March 2, 1867. Section 2394 is a re-enactment of the act of
June 8, 1868. It has reference to cases where the inhabitants of cities or towns pro-
ceeded to act under the provisions of the acts of July 1, 1864, and March 3, 1865, prior
to June 22, 1874, the date of the Revised Statutes, and in which they have partly
proved up and paid for the lots claimed by them according to said acts. It provides
for extending the privilege of sections 2387, 2388, and 2389, if the town authorities in
any such case should elect to proceed under them, to such of the inhabitants as may
not have paid for their lots, without interfering with the issuing of patents to those
who had made or might make entries or elect to proceed under the acts of July 1,
1864, and March 3, 1865, or sections 2382, 2383, 2384, and 2385 of the Revised Statutes.
Accordingly, should any case be presented where proceedings had been commenced,
as aforesaid, by the inhabitants of any town or city before the date indicated, and a
part of them, not having entered and paid for their lots, desire to take advantage of
the other system referred to, they would be entitled under section 2394, on application
to the register and receiver of the proper district office, through the town authorities,
pursuant to the provisions of sections 2387, 2388, and 2389, to enter or file upon such
portion of the town site as has not already been entered and paid for, and is not in
possession of parties electing to complete their titles under the original proceedings;
after which, that part of the town site so entered or filed upon will be disposed of
under the last-mentioned sections, and the remaining portion, if any, under sections
2382, 2383, 2384, and 2385. Section 2394 has no reference to any case in which pro-
ceedings for acquiring title to the town site were commenced subsequent to June 22,
1874, the inhabitants in all such cases being restricted to the method of acquiring
title according to which they may have commenced to act.
PRICE OF LANDS AND SURVEYS.
©
Section 2394 further provides that, in addition to the minimum price of the lands
included in any town site entered under its provisions and those of sections 2387,2388,
and 2389, there shall be paid by the parties availing themselves thereof all costs of
surveying and platting any such town site, and expenses incident thereto, incurred
by the United States, before any patent therefor shall issue. Hence, when it is desired
to enter a town site found upon the unburveyed public lands, a written application
should be presented to the surveyor-general of the proper district for a survey of the
same under section 2401 of the Revised Statutes, and the amount estimated by him
as sufficient to cover the said cost and expenses deposited with any assistant United
States treasurer or designated depositary in favor of the United States Treasurer, to
be passed to the credit of the fund created by “individual depositors for the survey
of the public lands,” the depositor taking a duplicate certificate of deposit, one to be
filed with the surveyor-general to be sent to the General Land Office, and the other
retained by the depositor. On receiving such certificate, showing that the requisite
sum has been deposited in a proper manner to pay for the work, the surveyor-general
will transmit to the register and receiver of the district land office his certificate of
such payment having been made, and will contract with a competent United States
deputy surveyor and have the survey made and returned in the same manner as other
public surveys, after which the lands embraced within the site may be entered, or
filed upon, as in the case of town sites upon surveyed lands.
When town sites are located upon land already surveyed, the entry must be made
in conformity to the legal subdivisions of the public lands, and here no costs in regard
to past surveys will be exacted. When sites are upon unsurveyed land, it will be neces-
sary, after the extension thereto of the public survey, to close those lines upon the
exterior limits of the town site.
62 L O—WOL III
978 MINERAL LANDS OF THE PUBLIC DOMAIN.
AREA TO BE EMBRACED,
Section 2389, it will be observed, stipulates that there shall be conceded, where the
number of inhabitants is one hundred and less than two hundred, not exceeding three
hundred and twenty acres; where the population is more than two hundred and less
than one thousand, not exceeding six hundred and forty acres; and where the inhabit-
ants number one thousand and over, not exceeding twelve hundred and eighty acres;
and for each additional one thousand inhabitants, not exceeding five thousand in
all, a further grant of three hundred and twenty acres.
WHAT LANDS ARE EXEMPT FROM SUCH ENTRIES.
All military and other reservations of the United States, private grants, and valid
mining claims are excluded from the operation of these town-site laws. In patents
issued thereunder it is expressly declared as follows, viz.: “No title shall be hereby
acquired to any mine of gold, silver, cinnabar, or copper, or any valid mining claim
or possession held under existing laws of Congress.” (Section 2392, Revised Statutes.)
MISCELLANEOUS.
In any Territory in which a land office may not have been established the declara-
tory statements provided for in the foregoing statutes may be filed with the surveyor-
general of the proper district.
In the act of Congress of March 3, 1877, section one restricts the amount of land
that can be reserved from pre-emption and homestead entry, by reason of the exist-
ence or incorporation of a town upon the public domain, to 2,560 acres, unless the
excess shall “be actually settled upon, inhabited, improved, and used for business
and municipal purposes.”
Section 2 confirms pre-emption and homestead entries already made within the cor-
porate limits of a town, the entries being regular in all respects, provided it shall be
satisfactorily shown that the lands so entered are “not settled upon or used for any
municipal purpose, nor devoted to any public use of such town.”
Section 3 provides that, when it shall appear that the corporate limits of a town
embrace lands in excess of the maximum quantity allowed, the proper authorities
may select those portions that are actually occupied, used, and improved for munici-
pal purposes, which lands shall be reserved from pre-emption and homestead entry,
and the residue will be restored, or become subject to such settlement and entry. This
selection must be made within sixty days from notice, and in default thereof a hear-
ing will be ordered and testimony taken as to the condition of the land, and such por-
tion set apart as shall appear to be within the meaning of the act. *
The fourth section, with the proviso to the second edition, provides for additional
entries by towns, where entries have already been made, in cases in which an increase
in the number of inhabitants would entitle them to an entry of a larger area under
section 2389 of the Revised Statutes of the United States, such entries, however, to
be within the maximum amount, or 2,560 acres.
* *
º º *
MINES ON THE PUBLIC DOMAIN.
[See Chapter XXVI, pages 306 to 331, inclusive, and 1279 to 1282.]
To JUNE 30, 1882, AND JUNE 30, 1883, As NoTED.
Under the acts of 1866, 1870, and 1872 there have been patented as quartz, vein or
lode, or other valuable deposit mining claims in the several precious metal bearing
States and Territories of the public domain, from 1867 to June 30, 1882, 5,609 lodes,
containing 53,020.57 acres, and realizing $272,726. Under the placer acts of 1866, 1870,
and 1872, there have been patented in the same localities to June 30, 1882, 1,688
placer claims, containing 141,950.03 acres, realizing $369,691; in all, vein and placer.
from 1866 to June 30, 1882, patents for 7,297 claims, containing 194,970.60 acres,
realizing to the nation $642,417. (See Tables, pages 982 to 985.)
MINING LOCATIONS, HOW MANY MADE.
It is estimated that since the discovery of gold in California, January 19, 1848, to
June 30, 1883, there have been more than 300,000 mining locations made in the several
mining States and Territories, yet to June 30, 1882, but 7,249 of these claims had been
patented.
º
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--- -
- s -
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30 º
L West of the 100° Meridian.
(approximatº.)
June 30, 1883.
-------------
in so so - 15- 200 --o ºu º *
Natural Scale the 1-1000,500. | |
|
17
2 accompany "A//e/emain." Basemaphºtºneus series of Geographies published by E. H. Butler aco Philadelphia
Map, showing the approximate location of gold, silver, and cinnabar lands of the public domain west of the 100° meridian, June 30, 1888. Estimated
to contain 64,000,000 of acres (exclusive of Alaska, in which there is known to be gold). Seepage 325 and 978 to 980 for text. Much of this area is,
however, covered with timber, and the surface is also embraced in the estimate of “timberlands.” The cinnabar lands in California are almost all taken.
The production of º in California in 1882 was 7,000 flasks less than in 1881. It is estimated that $30,000,000 of capital is invested in quicksilver
mining on the Pacific coast, employing 5,000 men. -
Scheme of Colors.
- Boundaries of the Public Domain.
Gold.
Silver.
- Cinnabar.

















































MINERAL LANDS OF THE PUBLIC DOMAIN. 979
GOLD AND SILVER MINERS IN 1882.
The number of persons classed as miners in the precious metal regions on the pub-
lic domain in 1882 was as follows (in round numbers 99,000):
Arizona------------------------------------------------------------------- 4,678
California ----------------------------------- .* * * * * * * * º sº ºr e º ºs º sº º ºs º & º ºs º ºs º ºs º gº - 37,147
Colorado------------------------------------------------------------------ 28,970
Dakota.--------- tº e m = an e º ºs = e s m is sº e º sº as is sº e s = e s = * * * * * * * * * * * * * * * * is e º ºs º ºr º e = * * * * * * * 3,570
Idaho--------------------------------------------------------------------- 4,708
Montana------------------------------------------------------------------ 4,813
Nevada.------------------------------------------------------------------- 6,647
New Mexico -------------------------------------------------------------- 1,496
Oregon ------------------------------------------------------------------- 3,696
Wyoming----------------------------------------------------------------- 328
Utah --------------------------------------------------------------------- 2,598
98,645
AVERAGE WAGES OF MINERS.
The production of gold and silver for the year 1882 makes an average of about
$1,000 for each miner employed in precious-metal mining.
coRPoRATION DIVIDENDS PAID IN 1882.
Fifty-four corporations in the several States and Territories paid dividends as fol-
lows:

States and Territories. Mines. Amount.
Arizona ---------------------------------------------------------------------- 5 $1,887, 500
Colorado---------------------------------------------------------------------- 16 2,326,650
California--------------------------------------------------------------------- 10 1, 312,047
Dakota ----------------------------------------------------------------------- 3 1, 110,000
Montana---------------------------------------------------------------------- 3 l,
Wevoda ----------------------------------------------------------------------- 7 y
tah-------------------------------------------------------------------------- 4 2, 129,000
Idaho------------------------------------------------------------------------- 3 38,
#. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * g e s tº º sº º º sº e s tº gº º ºs º e 1 48,000
New Mexico.----------------------------------------------------------------. 2 204,000
Total ------------------------------------------------------------------. $4 9,939,975
CORPORATION ASSESSMENTS IN 1882–83.
One hundred and seventy-five gold and silver mining companies made three hun-
dred and forty-three assessments. Seventy-six of these received $7,087,000. If the
remaining ninety-nine received a proportionate amount, the assessments would be
more than $10,000,000, or largely in excess of dividends by corporations.
REFERENCES.
For a most valuable and interesting report on the precious-metal regions of the
public domain, as well as of other portions of the United States, see Annual Re-
ports of the Hon. H. C. Burchard, Director of the Mint, upon the “Statistics of the
production of the precious metals in the United States for the years 1880, 1881, and
1882,” the statistical work being under the supervision of Dr. Frederick Eckfeldt,
aided by a corps of efficient agents living in the regions mentioned. See also Com-
pendium United States Census, 1880, pages 1229 to 1236.
ESTIMATE OF AREA, UNSOLD, OF PRECIOUS-METAL REGIONS.
• [See page 325.]
TO JUNE 30, 1883.
The estimated area of the precious-metal bearing region of the public domain [the
property of the nation] is about 64,000,000 acres. This is exclusive of Alaska.
See map of approximate location of the precious-metal lands, facing this page. It
will be noted that most of these lands lie under surface, covered with timber.
980
PRODUCTION OF GOLD AND SILVER.
PRODUCTION OF GOLD AND SILVER IN THE UNITED STATES, AND FROM
THE PUBLIC DOMAIN.
[See page 320.]
FROM 1848 to JUNE 30, 1882.
Since the discovery of gold in paying quantities in California, in 1848, there has
been produced in the United States the sum of $2,137,463,792 in gold and silver, of
which $1,587,241,532 was in gold, and $550,222,260 in silver. All but about $1,500,000
of this sum (which would represent the gold and silver extracted in the States other
than public-land States) has been extracted from the lands of the public domain.
The following estimate of the yearly production of gold and silver from 1848 to 1882
is from the reports of Hon. H. C. Burchard, Director of the Mint:
Estimate of the production of the precious metals in the United States from 1848 to 1882, by
jiScal years.

e Total gold
Date. Gold. Silver. and silver.
1848 ------------------------------------------------------ $10,000, 000 |.............. $10,000, 000
1849 -----------------------------------------------------. 40,000,000 $50,000 40,050, 000
1850 ------------------------------------------------------ 50,000,000 50,000 50,050,000
1851 ------------------------------------------------------ 55,000, 000 50, 000 55,050, 000
1852 ------------------------------------------------------ 60,000,000 50,000 60,050, 000
1858 ------------------------------------------------------ 65,000,000 50,000 65,050, 000
1854 ---...- tº ſº e as º º ºs tº gº tº sº sº gº tº nº ºs º ºs s gº ºn tº as º ºs º ºs º ºs º ºs e º sº º ºs e º sº e º e º gº e º is a 60,000,000 50,000 60,050, 000
1855 ------------------------------------------------------ 55,000,000 50,000 55,050, 000
1856 ----- alº e º ºs º º ſº sº gº º is sº as ºn tº * * * * * * * * * * * * * * is e º sº e º e º º ºs e º 'º gº tº º as a sº a 55,000, 000 50,000 55,050, 000
1857 ------------------------------------------------------ 55,000,000 50,000 55,050, 000
1858 -----------------------------------------------------. 50,000,000 50,000 50,050, 000
1859 ------------------------------------------------------ 50,000,000 100,000 50, 100,000
1860 ------------------------------------------------------ 46,000,000 150,000 46, 150,000
1861 ------------------------------------------------------ 43,000, 000 2,000, 000 45,000, 000
1862 ------------------------------------------------------ 39, 200,000 4, 500,000 43, 700,000
1868------------------------------------------------------ 40,000,000 8,500,000 48,500,000
1864------------------------------------------------------ 46,000,000 11,000,000 57,000,000
1865 ------------------------------------------------------ 53, 225,000 11,250,000 64,475,000.
1866 ------------------------------------------------------ , 500,000 10,000, 000 63, 500,000
1867 -------- * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * = e º ºs ºne º sº s sº s a 51, 725,000 13,500,000 65,225,000
1868 -----------------------------------------------------. 48,000, 000 12,000,000 60,000, 000
1869-----------------------------------------------------. 49, 500,000 12,000,000 61, 500,000
1870 -------- tº ſº º ºs º ºs º ºs º ºs tº ſº tº º is ºs º is sº sº e º º ºs e º 'º e º ºs º ºs e º e º ºs e º e s sº tº e º sº, 50,000,000 16,000,000 66,000, 000
1871 ------------------------------------------------------ 43,000,000 23,000, 000 66, 000, 000
1872 ----- gº tº º ºs º & tºº & ºn tº tº sº tº dº º sº º ºs e º sº e º ºs e º tº e º sº tº e º nº e s m is sº sº e º e º e º ºr ºs as 36,000,000 28,750,000 64, 750, 000
1878 ------------------------------------------------------ 36,000, 000 35,750, 000 71, 750, 000
1874.--- tº º tº ſº º ºs º ºs e º us as tº gº tº gº tº as as a se sº s ºf s = e º 'º tº tº gº tº sº º ºs e º ºs me º sº sº º ºs e º as sº s 33,490,902 37, 324,594 70, 815, 496
1875 -----------------------------------------------------. 33,467, 856 31,727, 560 65, 195, 416
1876 ------------------------------------------------------ 39,929, 166 38,783, 016 78, 712, 182
1877 ------------------------------------------------------ 46, 897, 390 39,793, 573 86, 690, 963
1878----------------------------------------------------- 51, 206, 360 45,281,385 96, 487, 745
1879------------------------------------------------------ 38, 899, 858 40,812, 132 79,711, 990
1880 ------------------------------------------------------ 36,000,000 37,700,000 73,700, 000
1881 -----------------------------------------------------. 34,700,000 43,000,000 77,700, 000
188?------------------------------------------------------ 32, 500,000 || 46,800,000 79, 300,000
Total to December 31, 1882. --...------------------. 1, 587,241, 532 || 550,222, 260 2, 137,463,792
CHANGES AND EXISTING LAWS.
To JUNE 30, 1883.
No change of moment in the mining laws relating to the public lands has been made
since June 30, 1880, except that two acts of general interest have been passed.
The act of March 3, 1881 (given in full on page 994), and the act of March 3, 1883,
relating to mineral lands in Alabama.
AN ACT to exclude the public lands in Alabama from the operation of the laws relating to
mineral lands.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That within the State of Alabama all public lands, whether
mineral or otherwise, shall be subject to disposal only as agricultural lands: Provided,
however, That all lands which have heretofore been reported to the General Land
CHANGES AND EXISTING LAWS. 981
Office as containing coal and iron shall first be offered at public sale: And provided
Jurther, That any bona fide entry under the provisions of the homestead law of lands
within said State heretofore made may be patented without reference to an act ap-
proved May tenth eighteen hundred and seventy-two, entitled “An act to promote
the developement of the mining resources of the United States,” in cases where the
persons making application for such patents have in all other respects complied with
the homestead law relating thereto.
The following circular was issued by the Commissioner of the General Land Office
in relation to said law:
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
Washington, D.C., April 9, 1883.
To DISTRICT LAND OFFICERs,
Montgomery and Huntsville, Ala.:
GENTLEMEN: The act of March 3, 1883 (copy herewith), enacts that all public lands
within the State of Alabama, whether mineral or otherwise, shall be subject to dis-
posal only as agricultural land; provided, that all lands which have heretofore been
reported as containing coal and iron shall first be offered at public sale, and, further,
that any boma fide entry under the provisions of the homestead law of iands within
said State heretofore made, may be patented without reference to the act of May 10, 1872,
in cases where the persons making application for such patents have in all other re-
spects complied with the homestead law relating thereto.
In order to carry out the provisions of said act it will be necessary to prepare a list
of all public lands heretofore reported as mineral that have not been entered and
have them offered by President’s proclamation. In the mean time you will be careful
not to allow an entry to be made for any lands lists of which were transmitted to
your office October 23, 1879, nor of other tracts that have been since investigated and
reported as valuable for minerals, a list of which I inclose herewith.
All existing bona fide entries, under the homestead laws, may be perfected regardless
of the mineral character of the land, in accordance with rules and regulations govern-
ing the same.
Any contest pending before you, where the only allegation is the mineral character
of the land, must be dismissed.
The law requires the offering to embrace all lands heretofore reported as containing
coal or iron, which remain undisposed of by entry or sale.
Entries, whether by cash or location, already allowed and reported to this office
. be ºmined and disposed of upon their merits without reference to the question
Oi Oil IIl€rºle
Very respectfully,
N. C. MCFARLAND.
Commissioner.
DEPARTMENT OF THE INTERIOR,
April 9, 1883.
Approved.
H. M. TELLER,
Secretary.
982
PLACER MINES PATENTED TO JUNE 30, 1882.
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#

. RECAPITULATION.
[See page 1281.]
e No. of Total Total
States and Territories. placers. 3.CrêS. amount.
California ---------------------------. 948 || 91,443.22 || $237,684 50
Oregon ------------------------------- 67 3,747.77 9,814 00
Nevada.------------------------------- 6 2,257.74 5,645 00
Idaho. -------------------------------- 4 75. 87 285 00
Montana ----------------------------- 319 || 19, 710.46 50,734 00
Wyoming ---------------------------- 7 651, 95 1,880 00
tah --------------------------------- 7 148.76 587 50
Colorado--------------------5--------- 282 || 23,445.22 61,896.50
akota ------------------------------. 48 469.04 1,164 50
Total --------------- tº sº gº º ºs º ºs º ºs º ºs me us 1,688 || 141, 950. 03 369,691 00
984
QUARTZ MINES PATENTED TO JUNE 30, 1882.

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1881.-Number of lodes.................... 84 1 68 2 47 l.-----------| 93 ſ 234 |----------
Number of acres.............. * - - - - - 1, 147.54 19, 87 683. 79 36. 15 577. 11 1.----------- 712.73 1,439.09 ||..........
• * * * * * = • = • * * * * * * * * * * * * $5,950 00 $100 00 $3,580 00 $185 00 ($3,000 00 |............ $3,750 00 $6,980 00 |..........
1882.-Number of lodes.................... 68 I.--------. 79 15 09 |------------ 120 648
Number of acres.................... 1,135.79 |.......... 855. 05 241. 41 929.92 . . . . . . . . . . . . 807.75 4,318.44 49. 37
----------------------- $5,841 00 |..........|34,465 00 slºw 00 ($4,815 00 …” 150 00 º 990 00 || $255 00 ** 00
RECAPITULATION.
[See page 1282.]
States and Territories. ; Total acres. |Total amount.
Arkansas ----------------------------------------------------------- l 20.66 ----------------
California----------------------------------------------------------- 824 18, 302. 34 $90,690 00
Oregon ------------------------------------------------------------. 8 88.3 450 00
Nevada ------------------------------------------------------------. 851 8, 155.00 41,840 00
Idaho. -------------------------------------------------------------. 24 358. 79 1,845 00
Montana------------------------------------------------------------ 439 5,034.08 26, 530 00
Wyoming----------------------------------------------------------- 1 8. 89 45 00
Utah---------------------------------------------------------------- 686 4, 873.03 24, 297 00
Colorado. ----------------------------------------------------------- 2, 554 12,493.83 67,994 00
New Mexico.----------...------------------------------------------- 14 217.67 1, 115 00
Arizona------------------------------------------------------------- 153 2,591.52 13,273 00
Dakota ------------------------------------------------------------- 54 404. 2,212 00
Total -------------------------------------------------------. 5,000 T53,020.57T272,726 oo T
Number of placer claims patented from 1866 to June 30, 1882. -----. 1, 688 141,950. 03 369,691 00
Number of vein or lode claims patented from 1866 to June 30, 1882. - 5,609 53,020. 57 272,726 00
Total --------------------------------------------------------. 7,297 194,970. 60 642,417 00

986 REGULATIONs UNDER EXISTING MINING LAws.
REGULATIONS UNDER EXISTING MINING LAWS.
UNITED STATES MINING LAws, AND REGULATIONS THEREUNDER.
In EFFECT DECEMBER 1, 1883.
INDEX TO REGULATIONS.
[Pages 985 to 1009.] .
- Page.
General title------------------------------------------------------------------------------------- 986
Sections of Revised Statutes and laws.-----------> ---------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ;
Mineral lands open to exploration, occupation, and purchase. -----------------------------------
Status of lode claims located prior to May 10, 1872--...-------------------------------------------. 994
Patents for veins or lodes heretofore issued.--------------------------------...------------------- 995
Manner of locating claims on veins or lodes after May 10, 1872.---------------------------------. 996
Tunnel rights------------------------------------------- * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 997
Manner of proceeding to obtain Government title to vein or lode claims ------------------------ 998
*dverse claims ---------------------------. ------------------------------------------------------ 1000
Quantity of placer ground subject to location.-------------...-----. • e s = º sº as as s º e º us as sº a sº gº sº me s = s. sº º ºs s as e º ºs 1001
Mill sites ---------------------------------------------------------------------------------------- 1002
Proof of citizenship of mining claimants--------------------------------------------------------. 1003
㺠of deputy surveyors of mining glaims --------------------------------------------. 1004
Charges for surveys and publications, fees of registers and receivers, &c -----...--------------. 1004
Hearing to establish the character of lands, whether mineral or agricultural ..................... 1007
Amendatory regulation of May 9, 1882 ----------------------------------------------------------. 1007
September 22, 1882 -------------------------------------------------------------------------- 1008
December 9, 1882 ------------. • * * * * * * * * * * * ºr e = * * * * * * * * * * * * * * * * * * * * * * * * * * * * * º ºs ºs º ºs s sº gº º ºs º tº s ºf º ºs º is tº as 1009
Valuable deposits, instructions, January 30, 1883 ----...----------------------------------------. 1009
Surveys of mining claims, November 16, 1882. ---...----------....... -- - - - ‘º gº tº e tº e º ºr a dº º dº º is sº sº tº gº º is e 1009
Amendatory regulations, June 8, 1883............. '• * * * * * * * * = a s = * * * * * * * * * * * * * * * * * * * * * * * * = * * * * * * * * * 1010


“For rulings and decisions 8ince June, 1880, 8ee Report of the Commissioner of the General
Land Office, 1880,” and “Decisions of Department of the Interior and General Land Office
jrom July 1, 1881, to June, 1883,” pages 541 to 592.
“For legal decisions and Departmental decisions and rulings, also under this chapter,
see United States land laws, general and permanent,” pages 142 to 157, compiled by Public
Land Commission, 1880. Forty-sixth Congress, third session, Ex. Doc. 47, Part 1.
WHAT ARE MINERALS3
Whatever is recognized as mineral by the standard authorities, where the same oc-
curs in quantity and quality to render the land in question more valuable on its ac-
count than for agricultural purpose, is mineral within the meaning of the mining
laws.
S. J. KIRKWOOD
Secretary of the interior.
October 8, 1881.
(Appeal of W. H. Hooper and others, from Salt Lake office, January 25, 1881.)
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
October 29, 1881.
GENTLEMEN: Your attention is invited to the Revised Statutes of the United States
and the amendments thereto in regard to -
MINING LAWS AND MINING RESOURCES.
TITLE XXXII, CHAPTER 6.
Mineral lands SECTION 2318. In all cases lands valuable for minerals shall be re-
*::::Hºra. served from sale, except as otherwise expressly directed by law.
166, s. #. 14, p.
*Mineral lands SEC. 2319. All valuable mineral deposits in lands belonging to the
open to purchase United States, both surveyed and unsurveyed, are hereby declared to
by citizens. be free and open to exploration and purchase, and the lands in which
is."º; they are fºund to occupation and purchase, by citizens of the United
# * * * * * states and those who have declared their intention to become such,
*Is is Gear, under regulations prescribed by law, and according to the local cus-
2 How, ižo, 'toms or rules of miners in the several mining-districts, so far as the
same are applicable and not inconsistent with the laws of the United
States. - -
REGULATIONS UNDER EXISTING MINING LAWS. 987
SEC. 2320. Mining-claims upon veins or lodes of quartz or other rock, Length of min-
in place bearing gold, silver, cinnabar, lead, tin, copper, or other valu- ºpºn
able deposits, heretofore located, shall be governed as to length along “ºtº-
the vein or lode by the customs, regulations, and laws in force at the 1:." Mº *} C.
date of their location. A mining-claim located after the tenth day of # * * * * P.
May, eighteen hundred and seventy-two, whether located by one or
more persons, may equal, but shall not exceed, one thousand five
hundred feet in length along the vein or lode; but no location of a
mining-claim shall be made until the discovery of the vein or lode
within the limits of the claim located. No claim shall extend more
than three hundred feet on each side of the middle of the vein at the
surface, nor shall any claim be limited by any mining regulation to
less than twenty-five feet on each side of the middle of the vein at the
surface, except where adverse rights existing on the tenth day of May,
eighteen hundred and seventy-two, render such limitation necessary.
The end-lines of each claim shall be parallel to each other.
SEC. 2321. Proof of citizenship, under this chapter, may consist, in Proºf of citi-
the case of an individual, of his own affidavit thereof; in the case of *P.
an association of persons unincorporated, of the affidavit of their au- 10 May, 1872, c.
thorized agent, made on his own knowledge, or upon information and 152, s. 7, v. 17, p.
belief; ...; in the case of a corporation organized under the laws of the *
United States, or of any State or Territory thereof, by the filing of a
certified copy of their charter or certificate of incorporation.
SEC. 2322. The locators of all mining locations heretofore made or . Locators' rights
which shall hereafter be made, on any mineral vein, lode, or ledge, ..."”
situated on the public domain, their heirs and assigns, where no adºº
verse claim exists on the tenth day of May, eighteen hundred and sev- . 10 May, 1872, c.
enty-two, so long as they comply with the laws of the United States, º, B. B. V. 17, p.
and with State, Territorial, and local regulations not in conflict with the *
laws of the United States governing their possessory title, shall have the
exclusive right of possession and enjoyment of all the surface included
within the lines of their locations, and of all veins, lodes, and ledges
throughout their entire depth, the top or apex of which lies inside of
such surface-lines extended downward vertically, although such veins,
lodes, or ledges may so far depart from a perpendicular in their course
downward as to extend outside the vertical side-lines of such surface
locations. But their right of possession to such outside parts of such
veins or ledges shall be confined to such portions thereof as lie between
vertical planes drawn downward as above described, through the end-
lines of their locations, so continued in their own direction that such
planes will intersect such exterior parts of such veins or ledges. And
nothing in this section shall authorize the locator or possessor of a vein
or lode which extends in its downward course beyond the vertical lines
of his claim to enter upon the surface of a claim owned or possessed by
another.
SEC. 2323. Where a tunnel is run for the development of a vein or Qwners of ºn-
lode, or for the discovery of mines, the owners of such tunnel shall”, “A” of 4
have the right of possession of all veins or lodes within three thousand 10 May, 1872, :
feet from the face of such tunnel on the line thereof, not previously 152, s. 4, v. 17, p.
known to exist, discovered in such tunnel, to the same extent as if 9%
discovered from the surface; and locations on the line of such tunnel
of veins or lodes not appearing on the surface, made by other parties
after the commencement of the tunnel, and while the same is being
prosecuted with reasonable diligence, shall be invalid; but failure to
prosecute the work on the tunnel for six months shall be considered as
an abandonment of the right to all undiscovered veins on the line of
such tunnel.
SEC. 2324. The miners of each mining-district may make regulations Regulations
not in conflict with the laws of the United States, or with the laws of made by miners.
the State or Territory in which the district is situated, governing the T10 May, 1872, c.
location, manner of recording, amount of work necessary to hold pos-152, s. 5, v. 17, p.
session of a mining-claim, subject to the following requirements: The 92.
location must be distinctly i. on the ground so that its boundaries
can be readily traced. All records of mining-claims hereafter made shall
contain the name or names of the locators, the date of the location, and
such a description of the claim or claims located by reference to some
natural object or permanent monument as will identify the claim. On
each claim located after the tenth day of May, eighteen hundred and
seventy-two, and until a patent has been issued therefor, not less than
one hundred dollars' worth of labor shall be performed or Improvements
988 REGULATIONS UNDER EXISTING MINING LAWS.
Patents for
mineral lands,
how obtained.
10 May, 1872, c.
152, s.6, v.17, p.92.
Adverse claim,
proceedings on.
10 May, 1872, c.
152, s.7, v.17, p. 93.
made during each year. On all claims located prior to the tenth day
of May, eighteen hundred and seventy-two, ten dollars' worth of labor
shall be performed or improvements made by the tenth day of June,
eighteen hundred and seventy-four, and each year thereafter, for each
one hundred feet in length along the vein until a patent has been issued
therefor; but where such claims are held in common, such expenditure
may be made upon any one claim; and upon a failure to comply with
these conditions, the claim or mine upon which such failure occurred
shall be open to relocation in the same manner as if no location of the
same had ever been made, provided that the original locators, their
heirs, assigns, or legal representatives, have not resumed work upon
the claim after failure and before such location. Upon the failure of
any one of several co-owners to contribute his proportion of the expendi-
tures required hereby, the co-owners who have performed the labor or
made the improvements may, at the expiration of the year, give such
delinquent co-owner personal notice in writing, or notice by publica-
tion in the newspaper published nearest the claim, for at least once a
week for ninety days, and if at the expiration of ninety days after such
notice in writing or by publication such delinquent should fail or refuse
to contribute his proportion of the expenditure required by this section,
his interest in the claim shall become the property of his co-owners who
have made the required expenditures. (Amended June 6, 1874, February
11, 1875, and January 22, 1880, 8ee pages 993 and 994).
SEC. 2325. A patent for any land claimed and located for valuable
deposits may be obtained in the following manner: Any person, asso-
ciation, or corporation authorized to locate a claim under this chapter,
having claimed and located a piece of land for such purposes, who has,
or have, complied with the terms of this chapter, may file in the proper
land-office and application for a patent, under oath, showing such com-
pliance, together with a plat and field-notes of the claim or claims in
common, made by or under the direction of the United States surveyor-
general, showing accurately the boundaries of the claim or claims,
which shall be distinctly marked by monuments on the ground, and
shall post a copy of such plat, together with a notice of such applica-
tion for a patent, in a conspicuous place on the land embraced in such
plat previous to the filing of the application for a patent, and shall file
an affidavit of at least two persons that such notice has been duly posted,
and shall file a copy of the notice in such land-office, and shall there-
upon be entitled to a patent for the land, in the manner following:
The register of the land-office, upon the filing of such application,
plat, field-notes, notices, and affidavits, shall publish a notice that such
application has been made, for the period of sixty days, in a newspaper
to be by him designated as published nearest to such claim; and he
shall also post such notice in his office for the same period. The claimant
at the time of filing this application, or at any time thereafter, within
the sixty days of publication, shall file with the register a certificate
of the United States surveyor-general that five hundred dollars' worth
of labor has been expended or improvements made upon the claim by
himself or grantors; that the plat is correct, with such further descrip-
tion by such reference to natural objects or permanent monuments as
shall identify the claim, and furnish an accurate description, to be incor-
porated in the patent. At the expiration of the sixty days of publication
the claimant shall file his affidavit, showing that the plat and notice have
been posted in a conspicuous place on the claim during such period of
publication. If no adverse claim shall have been filed with the register
and the receiver of the proper land-office at the expiration of the sixty
days of publication, it shall be assumed that the applicant is entitled to
a patent, upon the payment to the proper officer of five dollars per acre,
and that no adverse claim exists; and thereafter no objection from third
parties to the issuance of a patent shall be heard, except it be shown
that the applicant has failed to comply with the terms of this chapter
(Amended January 22, 1880, 8ee page 994).
SEC. 2326. Where an adverse claim is filed during the period of pub-
lication, it shall be upon oath of the person or persons making the
same, and shall show the nature, boundaries, and extent of such ad-
verse claim, and all proceedings, except the publication of notice and
making and filing of the affidavit thereof, shall be stayed until the con-
troversy shall have been settled or decided by a court of competent
jurisdiction, or the adverse claim waived. It shall be the duty of the
adverse claimant, within thirty days after filing his claim, to commence
REGULATIONS UNDER EXISTING MINING LAWS. 989
proceedings in a court of competent jurisdiction, to determine the ques-
tion of the right of possession, and prosecute the same with reasonable
diligence to final judgment; and a failure so to do shall be a waiver of
his adverse claim. After such judgment shall have been rendered, the
party entitled to the possession of the claim, or any portion thereof,
may, without giving further notice, file a certified copy of the judg-
ment-roll with the register of the land office, together with the certifi-
cate of the surveyor-general that the requisite amount of labor has
been expended or improvements made thereon, and the description re-
quired in other cases, and shall pay to the receiver five dollars per acre
for his claim, together with the proper fees, whereupon the whole pro-
ceedings and the judgment-roll shall be certified by the register to the
Commissioner of the General Land Office, and a patent shall issue
thereon for the claim, or such portion thereof as the applicant shall
appear, from the decision of the court, to rightly possess. If it appears
from the decision of the court that several parties are entitled to sepa-
rate and different portions of the claim, each party may pay for his por-
tion of the claim with the proper fees, and file the certificate and de-
scription by the surveyor-general, whereupon the register shall certify
the proceedings and judgment-roll to the Commissioner of the General
Land Office, as in the preceding case, and patents shall issue to the
several parties according to their respective rights. Nothing herein
contained shall be construed to prevent the alienation of a title conveyed
by a patent for a mining claim to any person whatever. (Amended
March 3, 1881, 8ee page 994; and April 26, 1882, see page 1007.)
SEC. 2327. The description of vein or lode claims, upon surveyedlands, Description of
shall designate the location of the claim with reference to the lines of *:::::: Ol
the public surveys, but need not conform there with ; but where a pat- . tºº.
ent shall be issued for claims upon unsurveyed lands, the surveyor-gen- ––
eral, in extending the surveys, shall adjust the same to the boundaries 1. jºy 1% º
of such patented claim, according to the plat or description thereof, but ..." S. 8, V. 17, p.
so as in no case to interfere j or change the location of any such "
patented claim.
SEC. 2328. Applications for patents for mining-claims under former Pending appli-
sº tº & e & app
laws now pending may be prosecuted to a final decision in the General cations; existing
Land Office; but in such cases, where adverse rights are not affected **
thereby, patents may issue in pursuance of the provisions of this chap- 10 May, 1872, c.
ter; and all patents for mining-claims upon veins or lodes heretofore 152, s.9, v. 17, p.
issued shall convey all the rights and privileges conferred by this chap-94.
ter where no adverse rights existed on the tenth day of May, eighteen
hundred and seventy-two. *
SEC, 2329. Claims usually called “placers,” including all forms of Conformity of
deposit, excepting veins of quartz or other rock in place, shall be sub- º º
ject to entry and patent, under like circumstances and conditions, and *****
upon similar proceedings, as are provided for vein or lode claims; but 9 July, 1870, c.
where the lands have been previously surveyed by the United States, 235, s. 12, w. 16, p.
the entry in its exterior limits shall conform to the legal subdivisions”.
of the public lands.
SEC. 2330. Legal subdivisions of forty acres may be subdivided into . Subdivisions of
ten-acre tracts; and two or more persons, or associations of persons, ten-acre tracts;
having contiguous claims of any size, although such claims may be less :::::::::: pla-
than ten acres each, may make joint entry thereof; but no location of ~ Tº
a placer-claim, made after the ninth day of July, eighteen hundred and ... 9 July, 1870, c.
seventy, shall exceed one hundred and sixty acrés for any one person or # 8.1% W. 10, P.
association of persons, which location shall conform to the United States
surveys; and nothing in this section contained shall defeat or impair
any bona fide pre-emption or homestead claim upon agricultural lands,
or authorize the sale of the improvements of any bona fide settler to any
purchaser. sº
SEC. 2331. Where placer-claims are upon surveyed lands, and conform Conformity of
to legal subdivisions, no further survey or plat shall be required, and all placer-claims to
placer-mining claims located after the tenth day of May, eighteen hun- iºiº.”
dred and seventy-two, shall conform as near as practicable with the ſº
United States system of public-land surveys, and the rectangular sub- . 10 May, 1872, c.
divisions of such surveys, and no such location shall include more than 1% 8, 19 V. 17, P.
twenty acres for each individual claimant; but where placer-claims ” -
cannot be conformed to legal subdivisions, survey and plat shall be
made as on unsurveyed land; and where by the segregation of mineral
lands in any legal subdivision a quantity of agricultural land less than
forty acres remains, such fractional portion of agricultural land may be
990 REGULATIONS UNDER EXISTING MINING LAWS.
entered, by any party qualified by law, for homestead or pre-emption
e purposes.
*::: evidence SEC. 2332. Where such person or association, they and their grant-
3.” º: ors, have held and worked their claims for a period equal to the time
right tº prescribed by the statute of limitations for mining-claims of the State
–H– or Territory where the same may be situated, evidence of such posses-
2: .º *:::sion, and working of the claims for such period, shall be sufficient to
# * * * *** establish a right to a patent thereto under this chapter, in the absence
of any adverse claim; but nothing in this chapter shall be deemed to
impair any lien which may have attached in any way whatever to any
mining-claim or property thereto attached prior to the issuance of a
patent,
Proceedings for SEC. 2333. Where the same person, association, or corporation is in
patent for placer- possession of a placer-claim, and also a vein or lode included within
claim, &c. the boundaries thereof, application shall be made for a patent for the
10 May, 1872, c. placer-claim, with the statement that it includes such vein or lode, and
152, s. 11, v. 17, p. in such case a patent shall issue for the placer-claim, subject to the
94. provisions of this chapter, including such vein or lode, upon the pay-
ment of five dollars per acre for such vein or lode claim, and twenty-
five feet of surface on each side thereof. The remainder of the placer-
claim, or any placer-claim not embracing any vein or lode claim, shall
be paid for at the rate of two dollars and fifty cents per acre, together
with all costs of proceedings; and where a vein or lode, such as is de-
scribed in section twenty-three hundred and twenty, is known to exist
within the boundaries of a placer-claim, an application for a patent for
such placer-claim which does not include an application for the vein
or lode claim shall be construed as a conclusive declaration that the
claimant of the placer-claim has no right of possession of the vein or
lode claim; but where the existence of a vein or lode in a placer-claim
is not known, a patent for the placer-claim shall convey all valuable
mineral and other deposits within the boundaries thereof.
Surveyor-gen- SEC. 23.34. The surveyor-general of the United States may appoint in
yor-g § 3 º tº gº &
eral to appoint each land-district containing mineral lands as many competent sur-
i.” min- veyors as shall apply for appointment to survey mining-claims. The
*** expenses of the survey of vein or lode claims, and the survey and sub-
10 May, 1872, c. division of placer-claims into smaller quantities than one hundred and
152, s. 12, v. 17, p. sixty acres, together with the cost of publication of notices, shall be
95. paid by the applicants, and they shall be at liberty to obtain the same
at the most reasonable rates, and they shall also be at liberty to employ
any ULited States deputy surveyor to make the survey. The Commis-
sioner of the General Land Office shall also have power to establish the
maximum charges for surveys and publication of notices under this
chapter; and, in case of excessive charges for publication, he may des-
ignate any newspaper published in a land-district where mines are
situated for the º of mining-notices in such district, and fix
the rates to be charged by such paper; and, to the end that the Com-
missioner may be fully informed on the º each applicant shall
file with the register a sworn statement of all charges and fees paid by
such applicant for publication and surveys, together with all #. and
money paid the register and the receiver of the land-office, which state-
ment shall be transmitted, with the other papers in the case, to the
Commissioner of the General Land Office.
Verification of , SEC. 2335. All affidavits required to be made under this chapter may
affidavits, &c. be verified before any officer authorized to administer oaths within the
Tio May, 1872, c. land-district where the claims may be situated, and all testimony and
#. sić'ºiſ. proofs may be taken before any such officer, and, when duly certified
5. y § the officer taking the same, shall have the same force and effect as
if taken before the register and receiver of the land-office. In cases of
contest as to the mineral or agricultural character of the land, the tes-
timony and proofs may be taken as herein provided on personal notice
of at least ten days to the º party; or if such party cannot be
found, then by publication of at least once a week for thirty days in a
newspaper, to be designated by the register of the land-office as pub-
lished nearest to the location of such land; and the register shall re-
quire proof that such notice has been given.
Where veins SEc. 2336. Where two or more veins intersect or cross each other,
intersect, &c. priority of title shall govern; and such prior location shall be entitled
To May 1972, c. to all ore or mineral contained within the space of intersection; but
152, s. 13, v.iº, p. the subsequent location shall have the fight of way through the space
96. of intersection for the purposes of the convenient working of the mine.
REGULATIONS UNDER EXISTING MINING LAWS. 991
And where two or more veins unite, the oldest or prior location shall
take the vein below the point of union, including all the space of in-
tersection.
SEC. 2337. Where non-mineralland not contiguous to the vein or lode Patents for
is used or occupied by the P. of such vein or lode for mining or ;...”
milling purposes, such non-adjacent surface-ground may be embraced tº" -"
and included in an application for a patent for such vein or lode, and ._10 May, 1872, c.
the same may be patented therewith, subject to the same preliminary;” “Y”. P.
requirements as to survey and notice as are applicable to veins or lodes; ”
but no location hereafter made of such non-adjacent land shall exceed
five acres, and payment for the same must be made at the same rate as
fixed by this chapter for the superficies of the lode. The owner of a
quartz-mill or reduction-works, not owning a mine in connection there-
with, may also receive a patent for his mill-site, as provided in this
section.
SEC. 2338. As a condition of sale, in the absence of necessary legisla-, What condi.
tion by Congress, the local legislature of any State or Territory may ...º.º.
provide rules for working mines, involving easements, drainage, and i. OCſ),
other necessary means to their complete development; and those con------—
ditions shall be fully expressed in the patent. 2é. :º 5.
SEC. 2339. Whenever, by priority of possession, rights to the use of **ted rights
water for mining, agricultural, manufacturing, or other purposes, have to use of water
vested and accrued, and the same are recognized and acknowledged by ſº *: ;
the local customs, laws, and the decisions of courts, the possessors and jº" "* *
owners of such vested rights shall be maintained and protected in —
the same; and the right of way for the construction of ditches and 26 July, 1866, c.
canals for the purposes herein specified is acknowledged and confirmed; 3% s. 9, v. 14, p.
but whenever any person, in the construction of any ditch or canal, “”
injures or damages the possession of any settler on the public domain,
the party committing such injury or damage shall be liable to the party
injured for such injury or damage.
SEC. 2340. All patents granted, or pre-emption or homesteads allowed, Patents, pre-
shall be subject to any vested and accrued water-rights, or rights to emptions, and
ditches and reservoirs used in connection with such water-rights, as º.º.
may have been acquired under or recognized by the preceding section...”.”
rights.
9 July, 1870, c.
; s. 17, v.16, p.
18.
SEC. 2341. Wherever, upon the lands heretofore designated as mineral, Mineral lands
lands, which have been excluded from survey and sale, there have been ...”.”.
homesteads made by citizens of the United States, or persons who have:..."o.
declared their intention to become citizens, which hompsteads have to homestead.
been made, improved, and used for agricultural purposes, and upon T26 July, 1865, c.
which there have been no valuable mines of gold, silver, cinnabar, or 262, s. 10, v. 14, p.
copper discovered, and which are properly agricultural lands, the set- *
tlers or owners of such homesteads shall have a right of pre-emption
thereto, and shall be entitled to purchase the same at the price of one
dollar and twenty-five cents per acre, and in quantity not to exceed one
hundred and sixty acres; or they may avail themselves of the provis-
ions of chapter five of this Title, relating to “HomesTEADs.”
SEC. 2342. Upon the survey of the lands described in the preceding , Mineral lands,
section, the Secretary of the Interior may designate and set apart such how set apart as
portiens of the same as are clearly agricultural lands, which lands shall #9"t"""
thereafter be subject to pre-emption and sale as other public lands, and *śjuly 1565.
be subject to all the laws and regulations applicable to the same. 26.
53. ,
SEC, 2343. The President is authorized to establish additional land- Additional
districts, and to appoint the necessary officers under existing laws, land districtiºnſ:
wherever he may deem the same necessary for the public convenience; º; ;
in executing the provisions of this chapter. provide.
26 July, 1866, c.
262, s. 7, v. 14, p.
SEC. 2344. Nothing contained in this chapter shall be construed to *#rovision. of
impair, in any way, rights or interests in mining property acquired this chapter not
Ander existing laws; fier to affect the provisions of the act entitled tº “”
“An act granting to A. Sutro the right of way and other privileges to *śa:
aid in the construction of a draining and exploring tunnel to the Com-15 jº.
96.
992 REGULATIU, NS UNDER EXISTING MINING LAWS.
9 July, 1870c. stocklode, in the State of Nevada,” approved July twenty-five, eighteen
; S. 17, v.16, p. hundred and sixty-six.
, Mineral lands SEC. 2345. The provisions of the preceding sections of this chapter
in certain States shall not apply to the mineral lands situated in the States of Michigan,
** = Wisconsin, and Minnesota, which are declared free and open to explo:
lsºº º ration and purchase according to legal subdivisions, in like manner as
• **** before the tenth day of May, eighteen hundred and seventy-two. And
any bona fide entries of such lands within the States named since the
tenth of May, eighteen hundred and seventy-two, may be patented
without reference to any of the foregoing provisions of this chapter.
Such lands shall be offered for public sale in the same manner, at the
same minimum price, and under the same rights of pre-emption as other
public lands. - º
Grants of lands SEC. 2346. No act passed at the first session of the thirty-eighth Con-
States or cor-gress, granting lands to States or corporations to aid in the construc-
{..."; tion of roads, or for other purposes, or to extend the time of grants
lands. made prior to the thirtieth day of January, eighteen hundred and sixty-
— five, shall be so construed as to embrace, mineral lands, which in all
30 Janº, 18% cases are reserved exclusively to the United States, unless otherwise
º**** specially provided in the act or acts making the grant.
REPEAL PROVISIONS.
TITLE LXXIV.
What Revised SEC. 5595. The foregoing seventy-three titles embrace the statutes of
Statutes em- the United States general and permanent in their nature, in force on
brace. the 1st day of December, one thousand eight hundred and seventy-three,
as revised and consolidated by commissioners appointed under an act of
Congress, and the same shall be designated and cited as The Revised
Statutes of the United States.
Repeal of acts SEC. 5596. All acts of Congress passed prior to said first day of Decem-
embraced in re-ber, one thousand eight hundred and seventy-three, any portion of
W1810ſle which is embraced in any section of said revision, are hereby repealed,
and the section applicable thereto shall be in force in lieu thereof; all
parts of such acts not contained in such revision having been repealed
or superseded by subsequent acts, or not being general and permanent
in their nature: Provided, That the incorporation into such revision of
any general and permanent provision, taken from an act making ap-
propriations, or from an act containing other provisions of a private,
local, or temporary character, shall not repeal, or in any way affect
any appropriation, or any provision of a private, local, or temporary
character, contained in any of said acts, but the same shall remain in
force; and all acts of Congress passed prior to said last-named day no
part of which are embraced in said revision, shall not be affected or
changed by its enactments.
Accrued rights , SEC. 5597. The repeal of the several acts embraced in said revision,
reserved. shall not affect any act done, or any right accruing or accrued, or any suit
— or proceeding had or commenced in any civil cause before the said repeal,
but all rights and liabilities under said acts shall continue, and may
be enforced in the same manner, as if said repeal had not been made;
nor shall said repeal in any manner affect the right to any office or
change the term or tenure thereof.
Prosecutions SEC. 5598. All offenses committed, and all penalties or forfeitures in-
and punish - curred under any statute embraced in said revision prior to said repeal,
ments. may be prosecuted and punished in the same manner and with the same
effect, as if said repeal had not been made.
Acts of limita. SEC. 5599. All acts of limitation, whether applicable to civil causes
tion. and proceedings, or to the prosecution of offenses, or for the recovery of
penalties or forfeitures, embraced in said revision and covered by said
appeal, shall not be affected thereby, but all suits, proceedings or prose-
cutions, whether civil or criminal, for causes arising, or acts done or
committed prior to said repeal, may be commenced and prosecuted
within the same time as if said repeal had not been made.
Arrangement SEC. 5600. The arrangement and classification of the several sections
and classification of the revision have been made for the purpose of a more convenient
9** and orderly arrangement of the same, and therefore no inference or
presumption of a legislative construction is to be drawn by reason of
the Title under which any particular section is placed.
REGULATIONS UNDER EXISTING MINING LAWS. 993
SEC. 5601. The enactment of the said revision is not to affect or re- Acts, passed
peal any act of Congress passed since the 1st day of December; one : #1818,
thousand eight hundred and seventy-three, and all acts passed since”
that date are to have full effect as if passed after the enactment of this
revision, and so far as such acts vary from, or conflict with any pro-
vision contained in said revision, they are to have effect as subsequent
statutes, and as repealing any portion of the revision inconsistent
there with.
Approved, June 22, 1874.
The following is an act of Congress approved June 6, 1874:
AN ACT to amend the act entitled “An act to premote the development of the
mining ºrces of the United States,” passed May tenth, eighteen hundred and
Seventy-two. -
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the provisions of the fifth
section of the act entitled “An act to promote the development of the
mining resources of the United States,” passed May tenth, eighteen
hundred and seventy-two, which requires expenditures of labor and
improvements on claims located prior to the passage of said act, are
hereby so amended that the time for the first annual expenditure on
claims located prior to the passage of said act shall be extended to the
first day of January, eighteen hundred and seventy-five.
The following is an act of Congress approved February 11, 1875:
AN ACT to amend section two thousand three hundred and twenty-four of the
Revised Statutes, relating to the development of the mining resources of the
TJnited States.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That section two thousand three
hundred and twenty-four of the Revised Statutes be, and the same is
hereby amended so that where a person or company has or may run a
tunnel for the purposes of developing a lode or lodes, owned by said
person or company, the money so expended in said tunnel shall be taken
and considered as expended on said lode or lodes, whether located
prior to or since the passage of Said act, and such person or company
shall not be required to perform work on the surface of said lode or
lodes in order to hold the same as required by said act.
The following is an act of Congress approved May 5, 1876:
AN ACT to exclude the States of Missouri and Kansas from the provisions of the
act of Congress entitled “An act to promote the development of the mining re-
sources of the United States,” approved May tenth, eighteen hundred and seventy-
tWO.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That within the States of Mis-
souri and Kansas deposits of coal, iron, lead, or other mineral be, and
they are hereby, excluded from the operation of the act entitled “An
act to promote the development of the mining resources of the United
States,” approved May tenth, eighteen hundred and seventy-two, and
all lands in said States shall be subject to disposal as agricultural lands,
The following is an act of Congress approved June 3, 1878:
AN ACT authorizing the citizens of Colorado, Nevada, and the Territories to fell
and remove timber on the public domain for mining and domestic purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That all citizens of the United
States and other persons, bona fide residents of the State of Colorado
or Nevada, or either of the Territories of New Mexico, Arizona, Utah,
Wyoming, Dakota, Idaho, or Montana, and all other mineral districts of
the United States, shall be and are hereby, authorized and permitted to
felland remove, for building, agricultural, mining, or other domestic pur-
poses,anytimber or other trees growing or being on the public lands, said
lands being mineral, and not subject to entry under existing laws of the
United States, except for mineral entry, in either of said States, Terri-
tories, or districts of which such citizens or persons may be at the time
bona fide residents, subject to such rules and regulations as the Secre-
tary of the Interior may prescribe for the protection of the timber and
63 L O—WOL III
994 REGULATIONS UNDER EXISTING MINING LAWS.
of the undergrowth growing upon such lands, and for other purposes:
Provided, The provisions of this act shall not extend to railroad corpo-
rations.
SEC. 2. That it shall be the duty of the register and the receiver of
any local land office in whose district any mineral land may be situated
to ascertain from time to time whether any timber is being cut or used
upon any such lands, except for the purposes authorized by this act,
within their respectiveland districts; and, if so, they shall immediately
notify the Commissioner of the General Land Office of that fact; and
all necessary expenses incurred in making such proper examinations
shall be paid and allowed such register and receiver in making up their
next quarterly accounts.
SEC. 3. Any person or persons who shall violate the provisions of this
act, or any rules and regulations in pursuance thereof made by the Sec-
retary of the Interior, shall be deemed guilty of a misdemeanor, and,
upon conviction, shall be fined in any sum not exceeding five hundred
dollars, and to which may be added imprisonment for any term not ex-
ceeding six months.
The following is an act of Congress approved Jannary 22, 1880:
AN ACT to amend sections twenty-three hundred and twenty-four and twenty-three
#;"; twenty-five of the Revised Statutes of the United States concerning
IIllneral 1311018.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That section twenty-three hun-
dred and twenty-five of the Revised Statutes of the United States be
amended by adding thereto the following words: “Provided, That where
the claimant for a patent is not a resident of or within the land-district
wherein the vein, lode, ledge, or deposit sought to be patented is located,
the application for patent and the affidavits required to be made in this
section by the claimant for such patent may be made by his, her, or its
authorized agent, where said agent is conversant with the facts sought
to be j by said affidavits: And provided, That this section shall
apply to all applications now pending for patents to mineral lands.”
SEC. 2. That section twenty-three hundred and twenty-four of the
Revised Statutes of the United States be amended by adding the fol-
lowing words: “Provided, That the period within which the work re-
quired to be done annually on all unpatented mineral claims shall com-
mence on the first day of January succeeding the date of location of
such claim, and this section shall apply to all claims located since the
tenth day of May, anno Domini eighteen hundred and seventy-two.”
The following is an act of Congress approved March 3, 1881:
AN ACT to amend section twenty-three hundred and, twenty-six of the Revised
Statutes relative to suits at law affecting the title to mining-claims.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That if, in any action brought
pursuant to section twenty-three hundred and twenty-six of the Re-
vised Statutes, title to the ground in controversy shall not be established
by either party, the jury shall so find, and judgment shall be entered
according to the verdict. In such case costs shall not be allowed to
either party, and the claimant shall not proceed in the land-office or be
entitled to a patent for the ground in controversy until he shall have
perfected his title,
J
*[ſic
MINERAL LANDS OPEN TO EXPLORATION, OCCUPATION, AND PURCHASE,
1. It will be perceived that by the foregoing provisions of law the mineral lands
in the public domain, surveyed or unsurveyed, are open to exploration, occupation,
and purchase, by all citizens of the United States and all those who have declared
their intention to become such.
STATUS OF LODE-CLAIMS LOCATED PRIOR TO MAY 10, 1872.
2. By an examination of the several sections of the Revised Statutes it will be
seen that the status of lode-claims located previous to the 10th May, 1872, is not changed
with regard to their extent along the lode or width of surface.
3. Mining rights acquired under such previous locations are, however, enlarged by
said Revised Statutes in the following respect, viz: The locators of all such pre-
REGULATIONS UNDER EXISTING MINING LAWS. 995
viously taken veins or lodes, their heirs and assigns, so long as they comply with the
laws of Congress and with State, Territorial, or local regulations not in conflict there-
with, governing mining-claims, are invested with the exclusive possessory right of
all the surface included within the lines of their locations, and of all veins, lodes, or
ledges throughout their entire depth, the top or apex of which lies inside of such sur-
face-lines extended downward vertically, although such veins, lodes, or ledges may
so far depart from a perpendicular in their course downward as to extend outside the
vertical side-lines of such locations at the surface, it being expressly provided, how-
ever, that the right of possession to such outside parts of said veins or ledges shall
be confined to such portions thereof as lie between vertical planes drawn downward,
as aforesaid, through the end-lines of their locations so continued in their own direc-
tion that such planes will intersect such exterior parts of such veins, lodes, or ledges;
no right being granted, however, to the claimant of such outside portion of a vein or
ledge to enter upon the surface location of another claimant.
4. It is to be distinctly understood, however, that the law limits the possessory
right to veins, lodes, or ledges, other than the one named in the original location, to
such as were not adversely claimed on May 10, 1872, and that where such other vein or
ledge was so adversely claimed at that date, the right of the party so adversely
claiming is in no way impaired by the provisions of the Revised Statutes. (Amended,
See paragraph 6, page 1010.)
5. In order to hold the possessory title to a mining-claim located prior to May 10,
1872, and for which a patent has not been issued, the law requires that ten dollars
shall be expended annually in labor or improvements on each claim of one hundred
feet on the course of the vein or lode until a patent shall have been issued therefor;
but where a number of such claims are held in common upon the same vein or lode
the aggregate expenditure that would be necessary to hold all the claims, at the rate
of ten dollars per hundred feet, may be made upon any one claim; a failure to comply
with this requirement in any one year subjecting the claim upon which such failure
occurred to relocation by other parties, the same as if no previous location thereof
had ever been made, unless the claimants under the original location shall have re-
sumed work thereon after such failure and before such relocation. The first annual
expenditure upon claims of this class should have been performed subsequent to May
10, 1872, and prior to January 1, 1875. From and after January 1, 1875, the required
amount must be expended annually until patent issues. By decision of the honorable
Secretary of the Interior, dated March 4, 1879, such annual expenditures are not re-
quired subsequent to entry, the date of issuing the patent certificate being the date
contemplated by statute. (Amended, 8ee paragraph 6, page 1010.)
6. Upon the failure of any one of several co-owners of a vein, lode, or ledge, which
has not been entered, to contribute his proportion of the expenditures necessary to
hold the claim or claims so held in ownership in common, the co-owners who have per-
formed the labor, or made the improvements, as required by said Revised Statutes,
may, at the expiration of the year, give such delinquent co-owner personal notice in
writing, or notice by publication in the newspaper published nearest the claim, for at
least once a week for ninety days; and if upon the expiration of ninety days after
such notice in writing, or upon the expiration of one hundred and eighty days after
the first newspaper publication of notice, the delinquent co-owner shall have failed
to contribute his proportion to meet such expenditures or improvements, his interest
in the claim by law passes to his co-owners, who have made the expenditures or im-
provements as aforesaid. Where a claimant alleges ownership of a forfeited interest
under the foregoing provision, the sworn statement of the publisher as to the facts of
publication, giving dates and a printed copy of the notice published, sho! .d be fur-
Inished, and the claimant must swear that the delinquent co-owner failed to contribute
his proper proportion within the period fixed by the statute.
PATENTS FOR VIEINS OR LODES HERETOFORE ISSUED.
7. Rights under patents for veins or lodes heretofore granted under previous legis-
1ation of Congress are enlarged by the Revised Statutes so as to invest the patentee,
his heirs or assigns, with title to all veins, lodes, or ledges, throughout their entire
depth, the top or apex of which lies within the end and side boundary lines of his
claim on the surface, as patented, extended downward vertically, although such veins,
lodes, or ledges may so far depart from a perpendicular in their course downward as
to extend outside the vertical side-lines of the claim at the surface. The right of pos-
session to such outside parts of such veins or ledges to be confined to such portions
thereof as lie between vertical planes drawn downward through the end-lines of the
claims at the surface, so continued in their own direction that such planes will inter-
sect such exterior parts of such veins or ledges, it being expressly provided, however,
that all veins, lodes, or ledges, the top or apex of which lies inside such surface loca-
tions, other than the one named in the patent, which were adversely claimed on the 10th
May, 1872, are excluded from such conveyance by patent.
996 REGULATIONS UNDER EXISTING MINING LAWS.
8. Applications for patents formining-claims pending at the date of the act of May
10, 1872, may be prosecuted to final decision in the General Land Office, and where no
adverse rights are affected thereby, patents will be issued in pursuance of the provis-
ions of the Revised Statutes.
MANNER OF LOCATING CLAIMs on VHINs or LODES AFTER MAY 10, 1872.
9. From and after the 10th May, 1872, any person who is a citizen of the United
States or who has declared his intention to become a citizen, may locate, record, and
hold a mining-claim of fifteen hundred linear feet along the course of any mineral
vein or lode subject to location; or an association of persons, severally qualified as
above, may make joint location of such claim of fifteen hundred feet, but in no event
can a location of a vein or lode made subsequent to May 10, 1872, exceed fifteen hun-
dred feet along the course thereof, whatever may be the number of persons composing
the association.
10. With regard to the extent of surface-ground adjoining a vein or lode, and claimed
for the convenient working thereof, the Revised Statutes provide that the lateral ex-
tent of locations of veins or lodes made after May 10, 1872, shall in no case exceed three
hundred feet on each side of the middle of the vein at the surface, and that no such surface-
rights shall be limited by any mining regulations to less than twenty-five feet on each
side of the middle of the vein at the surface, except where adverse rights existing on
the 10th May, 1872, may render such limitation necessary; the end-lines of such claims
to be in all cases parallel to each other. Said lateral measurements cannot extend be-
yond three hundred feet on either side of the middle of the vein at the surface, or such
distance as is allowed by local laws. For example: 400 feet cannot be taken on one
side and 200 feet on the other. If, however, 300 feet on each side are allowed, and by
reason of prior claims but 100 feet can be taken on one side, the locator will not be
restricted to less than 300 feet on the other side; and when the locator does not de-
termine by exploration where the middle of the vein at the surface is, his discovery
shaft must be assumed to mark such point.
11. By the foregoing it will be perceived that no lode-claim located after the 10th
May, 1872, can exceed a parallelogram fifteen hundred feet in length by six hundred
feet in width, but whether surface-ground of that width can be taken depends upon
the local regulations or State or Territorial laws in force in the several mining-dis-
tricts; and that no such local regulations or State or Territorial laws shall limit a vein.
or lode claim to less than fifteen hundred feet along the course thereof, whether the
location is made by one or more persons, nor can surface rights be limited to less than
fifty feet in width, unless adverse claims existing on the 10th day of May, 1872, ren-
der such lateral limitation necessary.
12. It is provided by the Revised Statutes that the miners of each district may make
rules and regulations not in conflict with the laws of the United States, or of the State
or Territory in which such districts are respectively situated, governing the location,
manner of recording, and amount of work necessary to hold possession of a claim.
They likewise require that the location shall be so distinctly marked on the ground
that its boundaries may be readily traced. This is a very important matter, and lo-
cators cannot exercise too much care in defining their locations at the outset, inas-
much as the law requires that all records of mining locations made subsequent to May
10, 1872, shall contain the name or names of the locators, the date of the location, and
such a description of the claim or claims located, by reference to some natural object or
permanent uonument, as will identify the claim.
13. The statutes provide that no lode-claim shall be recorded until after the dis-
covery of a vein or lode within the limits of the claim located, the object of which
provision is evidently to prevent the appropriation of presumed mineral ground for
speculative purposes to the exclusion of bona fide prospectors, before sufficient work
has been done to determine whether a vein or lode really exists.
14. The claimant should, therefore, prior to locating his claim, unless the vein can
be traced upon the surface, sink a shaft, or run a tunnel or drift, to a sufficient depth
therein to discover and develop a mineral-bearing vein, lode, or crevice; should de-
termine, if possible, the general course of such vein in either direction from the point
of discovery, by which direction he will be governed in marking the boundaries of his
claim on the surface. His location notice should give the course and distance as
nearly as practicable from the discovery-shaft on the claim, to some permanent, well-
known points or objects, such, for instance, as stone monuments, blazed trees, the con-
fluence of streams, point of intersection of well-known gulches, ravines, or roads,
prominent buttes, hills, &c., which may be in the immediate vicinity, and which will
serve to perpetuate and fix the locus of the claim and render it susceptible of identi-
fication from the description thereof given in the record of locations in the district,
and should be duly recorded. -
15. In addition to the foregoing data, the claimant should state the names of ad-
joining claims, or, if none adjoin, the relative positions of the nearest claims; should
REGULATIONS UNDER EXISTING MINING LAWS. 997
drive a post or erect a monument of stones at each corner of his surface-ground, and
at the point of discovery or discovery-shaft should fix a post, stake, or board, upon
which should be designated the name of the lode, the name or names of the locators,
the number of feet claimed, and in which direction from the point of discovery; it
being essential that the location notice filed for record, in addition to the foregoing
description, should state whether the entire claim of fifteen hundred feet is taken on
one side of the point of discovery, or whether it is partly upon one and partly upon the
other side thereof, and in the latter case, how many feet are claimed upon each side of
such discovery-point.
16. Within a reasonable time, say twenty days after the location shall have been
marked on the ground, or such time as is allowed by the local laws, notice thereof,
accurately describing the claim in manner aforesaid, should be filed for record with
the proper recorder of the district, who will thereupon issue the usual certificate of
location.
17. In order to hold the possessory right to a location made since May 10, 1872, not
less than one hundred dollars’ worth of labor must be performed, or improvements
made thereon annually until entry shall have been made. Under the provisions of
the act of Congress approved January 22, 1880, the first annual expenditure becomes
due and must be performed during the calendar year succeeding that in which the
location was made. Expenditure made or labor performed prior to the first day of
January succeeding the date of location will not be considered as a part of, or applied
upon, the first annual expenditure required by law. Failure to make the expenditure
or perform the labor required will subject the claim to relocation by any other party
having the necessary qualifications, unless the original locator, his heirs, assigns, or
legal representatives have resumed work thereon after such failure and before such
relocation. -
18. The expenditures required upon mining-claims may be made from the surface
or in running a tunnel for the development of such claims, the act of February 11,
1875, providing that where a person or company has, or may, run a tunnel for the pur-
pose of developing a lode or lodes owned by said person or company, the money so
expended in said tunnel shall be taken and considered as expended on said lode or
lodes, and such person or company shall not be required to perform work on the sur-
face of Said lode or lodes in order to hold the same.
19. The importance of attending to these details in the matter of location, labor,
and expenditure will be more readily perceived when it is understood that a failure to
give the subject proper attention may invalidate the claim.
TUNNEL RIGHTS.
20. Section 2323 provides that where a tunnel is run for the development of a vein
or lode, or for the discovery of mines, the owners of such tunnel shall have the right
of possession of all veins or lodes within three thousand feet from the face of such
tunnel on the line thereof, not previously known to exist, discovered in such tunnel,
to the same extent as if discovered from the surface; and locations on the line of such
tunnel of veins or lodes not appearing on the surface, made by other parties after the
Commencement of the tunnel, and while the same is being prosecuted with reasonable
diligence, shall be invalid; but failure to prosecute the work on the tunnel for six
months shall be considered as an abandonment of the right to all undiscovered veins
or lodes on the line of said tunnel.
21: The effect of this is simply to give the proprietors of a mining-tunnel run in
good faith the possessory right to fifteen hundred feet of any blind lodes cut, discov-
ered, or intersected by such tunnel, which were not previously known to exist, within
three thousand feet from the face or point of commencement of such tunnel, and to
prohibit other parties, after the commencement of the tunnel, from prospecting for
and making locations of lodes on the line thereof and within said distance of three
thousand feet, unless such lodes appear upon the surface or were previously known
to exist.
22. The term “face,” as used in said section, is construed and held to mean the first
Working-face formed in the tunnel, and to signify the point at which the tunnel
actually enters cover; it being from this point that the three thousand feet are to be
counted, upon which prospecting is prohibited as aforesaid.
23. To avail themselves of the benefits of this provision of law, the proprietors of a
mining-tunnel will be required, at the time they enter cover as aforesaid, to give
proper notice of their tunnel location by erecting a substantial post, board, or monu-
ment at the face or point of commencement thereof, upon which should be posted a
good and sufficient notice, giving the names of the parties or company claiming the
tunnel-right; the actual or proposed course or direction of the tunnel; the height
and width thereof, and the course and distance from such face or point of commence-
ment to some permanent well-known objects in the vicinity by which to fix and de-
termine the locus in manner heretofore set forth applicable to locations of veins or
998 REGULATIONS UNDER EXISTING MINING LAWS.
lodes, and at the time of posting such notice they shall, in order that miners or pros-
pectors may be enabled to determine whether or not they are within the lines of the
tunnel, establish the boundary lines thereof, by stakes or monuments placed along
Such lines at proper intervals, to the terminus of the three thousand feet from the
face or point of commencement of the tunnel, and the lines so marked will define
and govern as to the specific boundaries within which prospecting for lodes not pre-
viously known to exist is prohibited while work on the tunnel is being prosecuted
with reasonable diligence.
24. At the time of posting notice and marking out the lines of the tunnel as afore-
Said, a full and correct copy of such notice of location defining the tunnel-claim must
be filed for record with the mining recorder of the district, to which notice must be
attached the sworn statement or declaration of the owners, claimants, or projectors
of such tunnel, setting forth the facts in the case; stating the amount expended by
themselves and their predecessors in interest in prosecuting work thereon ; the extent
of the work performed, and that it is boma fide their intention to prosecute work on
the tunnel so located and described with reasonable diligence for the development of
a vein or lode, or for the discovery of mines, or both, as the case may be. This notice
of location must be duly recorded, and, with the said sworn statement attached, kept
On the recorder's files for future reference.
25. By a compliance with the foregoing much needless difficulty will be avoided,
and the way for the adjustment of legal rights acquired in virtue of said section 2323
Will be made much more easy and certain.
26. This office will take particular care that no improper advantage is taken of this
provision of law by parties making or professing to make tunnel locations, ostensibly
for the purposes named in the statute, but really for the purpose of monopolizing the
lands lying in front of their tunnels to the detriment of the mining interests and to
the exclusion of bona fide prospectors or miners, but will hold such tunnel claimants
to a strict compliance with the terms of the statutes; and a reasonable diligence on
their part in prosecuting the work is one of the essential conditions of their implied
contract. Negligence or want of due diligence will be construed as working a for-
feiture of their right to all undiscovered veins on the line of such tunnel.
MANNER OF PROCEEDING TO OBTAIN GOVERNMENT TITLE TO WEIN OR LODE CLAIMS.
27. By section 2325 authority is given for granting titles for mines by patent from
the Government to any person, association, or corporation having the necessary quali-
fications as to citizenship and holding the right of possession to a claim in compliance
with law.—Amended, 8ee page 1010, paragraphs 1, 2, 3.
28. The claimant is required in the first place to have a correct survey of his claim
made under authority of the surveyor-general of the State or Territory in which the
claim lies; such survey to show with accuracy the exterior surface boundaries of the
claim, which boundaries are required to be distinctly marked by monuments on the
ground. Four plats and one copy of the original field-notes, in each case, will be
prepared by the surveyor-general; one plat and the original field-notes to be retained
in the office of the surveyor-general, one copy of the plat to be given the claimant for
posting upon the claim, one plat and a º of the field-notes to be given the claimant
for filing with the proper register, to be finally transmitted by that officer, with other
papers in the case, to this office, and one plat to be sent by the surveyor-general to
the register of the proper land-district to be retained on his files for future reference.
29. The claimant is then required to post a copy of the plat of such survey in a
conspicuous place upon the claim, together with notice of his intention to apply for
a patent therefor, which notice will give the date of posting, the name of the claim-
ant, the name of the claim, mine, or lode; the mining-district and county; whether
* the location is of record, and, if so, where the record may be found; the number of
feet claimed along the vein and the presumed direction thereof; the number of feet
claimed on the lode in each direction from the point of discovery, or other well-defined
lace on the claim; the name or names of adjoining claimants on the same or other
odes; or, if none adjoin, the names of the nearest claims, &c.
30. After posting the said plat and notice upon the premises, the claimant will file
with the proper register and receiver a copy of such plat, and the field-notes of survey
of the claim, accompanied by the affidavit of at least two credible witnesses, that
such plat and notice are posted conspicuously upon the claim, giving the date and
place of such posting; a copy of the motice so posted to be attached to, and form a
part of, said affidavit.
31. Attached to the field-notes so filed must be the sworn statement of the claimant
that he has the possessory right to the premises therein described, in virtue of a com-
pliance by himself (and by his grantors, if he claims by purchase) with the minin
rules, regulations, and customs of the mining district, State, or Territory in whic
the claim lies, and with the mining laws of Congress; such sworn statement to nar-
IREGULATIONS UNDER EXISTING MINING LAWS. 999
rate, briefly, but as clearly as possible, the facts constituting such compliance, the
origin of his possession, and the basis of his claim to a patent.
32. This affidavit should be supported by appropriate evidence from the mining
recorder's office as to his possessory right, as follows, viz: Where he claims to be a
locator, a full, true, and correct copy of such location should be furnished, as the same
appears upon the mining records; such copy to be attested by the seal of the recorder,
or if he has no seal, then he should make oath to the same being correct, as shown by
his records; where the applicant claims as a locator in company with others who have
since conveyed their interests in the lode to him, a copy of the original record of loca-
tion should be filed, together with an abstract of title from the proper recorder, under
seal or oath as aforesaid, tracing the co-locator’s possessory rights in the claim to such
applicant for patent; where the applicant claims only as a purchaser for valuable
consideration, a copy of the location record must be filed, under seal or upon oath as
aforesaid, with an abstract of title certified as above by the proper recorder, tracing the
right of possession by a continuous chain of conveyances from the original locators to
the applicant, also certifying that no conveyances affecting the title to the claim in
Question appear of record in his office other than those set forth in the accompanying
abstract.
33. In the event of the mining records in any case having been destroyed by fire
or otherwise lost, affidavit of the fact should be made, and secondary evidence of
possessory title will be received, which may consist of the affidavit of the claimant,
supported by those of any other parties cognizant of the facts relative to his location,
occupancy, possession, improvements, &c.; and in such case of lost records, any
deeds, certificates of location or purchase, or other evidence which may be in the
claimant's possession, and tend to establish his claim, should be filed.
34. Upon the receipt of these papers the register will, at the expense of the claimant
(who must furnish the agreement of the publisher to hold applicant for patent alone
responsible for charges of publication), publish a notice of such application for the
period of sixty days, in a newspaper published nearest to the claim; and will post a
copy of such notice in his office for the same period. In all cases sixty days must in-
tervene between the first and the last insertion of the notice in such newspaper.
When the notice is published in a weekly newspaper ten consecutive insertions are
necessary; when in a daily newspaper the notice must appear in each issue for the
required period.
35. The notices so published and posted must be as full and complete as possible,
and embrace all the data given in the notice posted upon the claim.
36. Too much care cannot be exercised in the preparation of these notices, inasmuch
as upon their accuracy and completeness will depend, in a great measure, the regularity
and validity of the whole proceeding.
37. The claimant, either at the time of filing these papers with the register, or at
any time during the sixty days’ publication, is required to file a certificate of the
surveyor-general that not less than five hundred dollars’ worth of labor has been ex-
pended or improvements made upon the claim by the applicant or his grantors; that
the plat filed by the claimant is correct; that the field-notes of the survey, as filed,
furnish Such an accurate description of the claim as will, if incorporated into a pat.
ent, serve to fully identify the premises, and that such reference is made therein to
natural objects or permanent monuments as will perpetuate and fix the locus thereof.
38. It will be the more convenient way to have this certificate indorsed by the
Surveyor-general, both upon the plat and field-notes of survey filed by the claimant
as aforesaid.
39. After the sixty days’ period of newspaper publication has expired the claimant
will file his affidavit, showing that the plat and notice aforesaid remained conspic-
uously posted upon the claim sought to be patented during said sixty days’ publica-
tion, giving the dates.
40. Upon the filing of this affidavit the register will, if no adverse claim was filed "
in his office during the period of publication, permit the claimant to pay for the land
according to the area given in the plat and field-notes of survey aforesaid, at the rate
of five dollars for each acre and five dollars for each fractional part of an acre, the
receiver issuing the usual duplicate receipt therefor. The claimant will also make a
sworn statement of all charges and fees paid by him for publication and surveys,
together with all fees and money paid the register and receiver of the land-office;
after which the whole matter will be forwarded to the Commissioner of the General
Land Office and a patent issued thereon if found regular.
41. In Sending up the papers in the case the register must not omit certifying to
the fact that the notice was posted in his office for the full period of sixty days,
such sºrtificate to state distinctly when such posting was done and how long con-
tinued.
42. The consecutive series of numbers of mineral entries must be continued, whether
the same are of lode or placer claims.
43. The surveyor-general must continue to designate all surveyed mineral claims
1000 REGULATIONS UNDER EXISTING MINING LAWS.
as heretofore by a progressive series of numbers, º; lot No. 37 in each
township; the claim to be so designated at date of filing the plat, field-notes, &c.,
in addition to the local designation of the claim; it being required in all cases that
the plat and field-notes of the survey of a claim must, in addition to the reference
to permanent objects in the neighborhood, describe the locus of the claim with ref-
erence to the lines of public surveys by a line connecting a corner of the claim with
the nearest public corner of the United States surveys, unless such claim be on un-
surveyed lands at a remote distance from such public corner, in which latter case the
reference by course and distance to permanent objects in the neighborhood will be a
sufficient designation by which to fix the locus until the public surveys shall have been
closed upon its boundaries.
ADVERSE CLAIMS.
44. Section 2326 provides for adverse claims, fixes the time within which they shall
be filed to have legal effect, and prescribes the manner of their adjustment.
45. Said section requires that the adverse claim shall be filed during the period of
publication of notice; that it must be on the oath of the adverse claimant; and that
it must show the “nature,” the “boundaries,” and the “extent” of the adverse claim.
46. In order that this section of law may be properly carried into effect, the follow-
ing is communicated for the information of all concerned:
47. An adverse mining-claim must be filed with the register of the same land office
with whom the application for patent was filed, or in his absence with the receiver,
and within the sixty days’ period of newspaper publication of notice.
48. The adverse notice must be duly sworn to by the person or persons making the
same before an officer authorized to administer oaths within the land-district, or
before the register or receiver; it will fully set forth the nature and extent of the in-
terference or conflict ; whether the adverse party claims as a purchaser for valuable
consideration or a locator; if the former, a certified copy of the original location,
the original conveyance, a duly certified copy thereof, or an abstract of title from the
office of the proper recorder should be furnished, or if the transaction was a mere
verbal one he will narrate the circumstances attending the purchase, the date thereof,
and the amount paid, which facts should be supported by the affidavit of one or more
witnesses, if any were present at the time, and if he claims as a locator he must file
a duly certified copy of the location from the office of the proper recorder. (Amended,
see circular of May 9, 1882, page 1007.) -
49. In order that the “boundaries” and “extent” of the claim may be shown, it will
be incumbent upon the adverse claimant to file a plat showing his entire claim, its
relative situation or position with the one against which he claims, and the extent of
the conflict. This plat must be made from an actual survey by a United States
deputy surveyor, who will officially certify thereon to its correctness; and in addition
there must be attached to such plat of survey a certificate or sworn statement by the
surveyor as to the approximate value of the labor performed or improvements made
upon the claim by the adverse party or his predecessors in interest, and the plat must
indicate the position of any shafts, tunnels, or other improvements, if any such exist,
upon the claim of the party opposing the application, and by which party said im-
provements were made.
50. Upon the foregoing being filed within the sixty days as aforesaid, the register,
or in his absence the receiver, will give notice in writing to both parties to the contest,
that such adverse claim has been filed, informing them that the party who filed the
adverse claim will be required within thirty days from the date of such filing to com-
mence proceedings in a court of competent jurisdiction to determine the question of
right of possession, and to prosecute the same with reasonable diligence to final judg-
ment, and that should such adverse claimant fail to do so, his adverse claim will be
considered waived, and the application for patent be allowed to proceed upon its
merits.
51. When an adverse claim is filed as aforesaid, the register or receiver will indorse
upon the same the precise date of filing, and preserve a record of the date of notifi-
cations issued thereon; and thereafter all proceedings on the application for patent
will be suspended, with the exception of the completion of the publication and post-
ing of notices and plat, and the filing of the necessary proof thereof, until the con-
troversy shall have been adjudicated in court, or the adverse claim waived or with-
drawn.
52. The proceedings after rendition of judgment by the court in such case are so
clearly defined by the act itself as to render it unnecessary to enlarge thereon in this
lace.
p (Paragraphs 53 to 60 amended, see circular of September 22, 1882, page 1007.)
53. The proceedings to obtain patents for claims usually called placers, including
all forms of deposit, are similar to the proceedings prescribed for obtaining patents
for vein or lode claims; but where said placer-claim shall be upon surveyed lands, and
sº-
REGULATIONS UNIDER EXISTING MINING LAWS. 1001
conform to legal subdivisions, no further survey or plat will be required, and all
placer-mining claims located after May 10, 1872, shall conform as nearly as practica-
ble with the United States system of public-land surveys and the rectangular subdi-
visions of such surveys, and no such location shall include more than twenty acres
for each individual claimant; but where placer-claims cannot be conformed to legal
subdivisions, survey and plat shall be made as on unsurveyed lands. But where such
claims are located previous to the public surveys, and do not conform to legal sub-
divisions, survey, plat, and entry thereof may be made according to the boundaries
thereof, provided the location is in all respects legal.
54. The proceedings for obtaining patents for veins or lodes having already been
fully given, it will not be necessary to repeat them here; it being thought that care-
ful attention thereto by applicants and the local officers will enable them to act un-
derstandingly in the matter and make such slight modifications in the notice, or
otherwise, as may be necessary in view of the different nature of the two classes of
claims, placeT-claims being fixed, however, at two dollars and fifty cents per acre, or
fractional part of an acre.
55. By section 2330, authority is given for the subdivision of forty-acre legal sub-
divisions into ten-acre lots, which is intended for the greater convenience of mtners in
lºgating their claims both from one another and from intervening agricultural
a, Il ClS.
56. It is held, therefore, that under a proper construction of the law these ten-acre
lots in mining-districts should be considered and dealt with, to all intents and pur-
poses, as legal subdivisions, and that an applicant having a legal claim which con-
forms to one or more of these ten-acre lots, either adjoining or cornering, may make
entry thereof, after the usual proceedings, without further survey or plat.
57. In cases of this kind, however, the notice given of the application must be very
specific and accurate in description, and as the forty-acre tracts may be subdivided
into ten-acre lots, either in the form of squares of ten by ten chains, or of paralello-
grams five by twenty chains, so long as the lines are parallel and at right angles with
the lines of the public surveys, it will be necessary that the notice and application
state specifically what ten-acre lots are sought to be patented, in addition to the
Other data required in the notice.
58. Where the ten-acre subdivision is in the form of a square it may be described,
for instance, as the “S. E. 3 of the S.W. 4 of N.W. 4,” or, if in the form of a paralello-
gram as aforesaid, it may be described as the “W. # of the W. # of the S. W. # of the
N. W. 4 (or the N. ; of the S. # of the N. E. 4 of the S. E. 4) of section , township
, Tange ,” as the case may be; but, in addition to this description of the
land, the notice must give all the other data that is required in a mineral application,
by which parties may be put on inquiry as to the premises sought to be patented.
The proof submitted with applications for claims of this kind must show clearly the
character and the extent of the improvements upon the premises.
Inasmuch as the surveyor-general has no duty to perform in connection with the
entry of a placer claim of legal subdivisions, the proof of improvements must show
their value to be not less than five hundred dollars and that they were made by the ap-
plicant for patent or his grantor. -
54. Applicants for patent to a placer-claim, who are also in possession of a known
vein or lode included therein, must state in their application that the placer includes
such vein or lode. The published and posted notices must also include such state-
ment; and the vein or lode must be surveyed and marked upon the plat; the field-
notes and plat giving the area of the lode claim or claims and the area of the placer
separately. If veins or lodes lying within a placer location are owned by other
parties, the fact should be distinctly stated in the application for patent, and in all
the notices. It should be remembered that an application which omits to include an
application for a known vein or lode therein, must be construed as a conclusive dec-
laration that the applicant has no right of possession to the vein or lode. Where
there is no known lode or vein, the fact must appear by affidavit of claimant and one
or more witnesses. t
60. When an adverse claim is filed to a placer application, the proceedings are the
same as in the case of vein or lode claims, already described.—Paragraphs 53 to 60
amended, see circular of September 22, 1882, pages 1007, 1008.
QUANTITY OF PLACER GROUND SUBJECT TO LOCATION.
61. By section 2330 it is declared that no location of a placer-claim, made after July
9, 1870, shall exceed one hundred and sixty acres for any one person or association of
persons, which location shall conform to the United States surveys.
62. Section 2331 provides that all placer mining-claims located after May 10, 1872,
shall conform as nearly as practicable with the United States system of public Sur-
veys and the subdivisions of such surveys, and no such locations shall include more
than twenty acres for each individual claimant.
1002 REGULATIONS UNDER EXISTING MINING LAWS.
63. The foregoing provisions of law are construed to mean that after the 9th day of
July, 1870, no location of a placer-claim can be made to exceed one hundred and sixty
acres, whatever may be the number of locators associated together, or whatever the
local regulations of the district may allow ; and that from and after May 10, 1872, no
location made by an individual can exceed twenty acres, and no location made by an
asSociation of individuals can exceed one hundred and sixty acres, which location of
one hundred and sixty acres cannot be made by a less number than eight boma fide
locators; and no local laws or mining regulations can restrict a placer location to less
than twenty acres, although the locator is not compelled to take so much,
64. The regulations hereinbefore given as to the manner of marking locations on
the ground, and placing the same on record, must be observed in the case of placer
locations, so far as the same are applicable; the law requiring, however, that where
placer-claims are upon 8wrveyed public lands thc locations must hereafter be made to
conform to legal subdivisions thereof as near as practicable.
65. With regard to the proofs necessary to establish the possessory right to a placer-
claim, section 2332 provides that “where such person or association, they and their
grantors, have held and worked their claims for a period equal to the time prescribed
by the statute of limitations for mining-claims of the State or Territory where the
same may be situated, evidence of such possession and working of the claims for such
period shall be sufficient to establish a right to a patent thereto under this chapter,
in the absence of any adverse claim.”
66. This provision of law will greatly lessen the burden of proof, more especially
in the case of old claims located many years since, the records of which, in many cases,
have been destroyed by fire, or lost in other ways during the lapse of time, but con-
cerning the possessory right to which all controversy or litigation has long been settled.
67. When an applicant desires to make his proof of possessory right in accord-
ance with this provision of law, you will not require him to produce evidence of
location, copies of conveyances, or abstract of title, as in other cases, but Will require
him to furnish a duly certified copy of the statute of limitations of mining-claims for
the State or Territory, together with his sworn statement giving a clear and succinct
narration of the facts as to the origin of his title, and likewise as to the continuation
of his possession of the mining-ground covered by his application; the area thereof,
the nature and extent of the mining that has been done thereon; whether there has
been any opposition to his possession, or litigation with regard to his claim, and, if so,
when the same ceased; whether such cessation was caused by compromise or by judi-
cial decree, and any additional facts within the claimant's knowledge having a direct
bearing upon his possession and bona fides which he may desire to submit in support of
his claim.—Amended, 8ee paragraph 8, page 1010.
68. There should likewise be filed a certificate, under seal of the court having juris-
diction of mining cases within the judicial district embracing the claim, that no suit,
or action of any character whatever involving the right of possession to any portion
of the claim applied for is pending, and that there has been no litigation before said
court affecting the title to said claim or any part thereof for a period equal to the time
fixed by the statute of limitations for mining-claims in the State or Territory as afore-
said, other than that which has been finally decided in favor of the claimant.—Amended
as above.
69. The claimant should support his narrative of facts relative to his possession,
occupancy, and improvements by corrobative testimony of any disinterested person
or persons of credibility who may be cognizant of the facts in the case and are capable
of testifying understandingly in the premises.—Amended as above. -
70. It will be to the advantage of claimants to make their proofs as full and com-
plete as practicable.
MILL-SITES.
71. Section 2337 provides that, “where non-mineral land not contiguous to the vein
or lode is used or occupied by the proprietor of such vein or lode for mining or milling
purposes, such non-adjacent surface-ground may be embraced and included in an ap-
plication for a patent for such vein or lode, and the same may be patented there with,
subject to the same preliminary requirements as to survey and notice as are applicable
to veins or lodes; but no location hereafter made of such non-adjacent land shall
exceed five acres, and payment for the same must be made at the same rate as fixed
by this chapter for the superficies of the lode. The owner of a quartz-mill or re-
duction-works, not owning a mine in connection there with, may also receive a patent
for his mill-site, as provided in this section.”
72. To avail themselves of this provision of law, parties holding the possessory right
to a vein or lode, and to a piece of non-mineral land not contiguous thereto, for mining
or milling purposes, not exceeding the quantity allowed for such purpose by section
2337 United States Revised Statutes, or prior laws, under which the land was appro-
priated, the proprietors of such vein or lode may file in the proper land-office their
application for a patent, under oath, in manner already set forth herein, which appli-
cation, together with the plat and field-notes, may include, embrace, and describe, in
REGULATIONS UNDER EXISTING MINING LAWS. 1003
addition to the vein or lode, such non-contiguous mill-site, and after due proceedings
as to notice, &c., a patent will be issued conveying the same as one claim.
73. In making the survey in a case of this kind, the lode-claim should be described
in the plat and field-notes as “Lot No. 37, A,” and the mill-site as “Lot No. 37, B,”
or whatever may be its appropriate numerical designation; the course and distance
from a corner of the mill-site to a corner of the lode-claim to be invariably given in
Such plat and field-notes, and a copy of the plat and notice of application for patent
must be conspicuously posted upon the mill-site as well as upon the vein or lode for
the statutory period of sixty days. In making the entry no separate receipt or certifi-
cate need be issued for the mill-site, but the whole area of both lode and mill-site will
be embraced in one entry, the price being five dollars for each acre and fractional part
of an acre embraced by such lode or mill-site claim. g
74. In case the owner of a quartz-mill or reduction-works is not the owner or claim-
ant of a vein or lode, the law permits him to make application therefor in the same
manner prescribed herein for mining-claims, and after due notice and proceedings, in
the absence of a valid adverse filing, to enter and receive a patent for his mill-site at
said price per acre.
75. In every case there must be satisfactory proof that the land claimed as a mill-
site is not mineral in character, which proof may, where the matter is unquestioned,
consist of the sworn statement of the claimant, supported by that of one or more dis-
hºsted persons capable from an acquaintance with the land to testify understand-
Ingly.
f; 76. The law expressly limits mill-site locations made from and after its passage to
lº)& QC)'68. .
77. The registers and receivers will preserve an unbroken consecutive series of num-
bers for all mineral entries.
PROOF OF CITIZENSIHIP OF MINING-CLAIMANTS.
78. The proof necessary to establish the citizenship of applicants for mining patents
must be made in the following manner: In case of an incorporated company, a certi-
fied copy of their charter or certificate of incorporation must be filed. In case of an
association of persons unincorporated, the affidavit of their duly authorized agent,
made upon his own knowledge, or upon information and belief, setting forth the
residence of each person forming such association, must be submitted. This affidavit
must be accompanied by a power of attorney from the parties forming such association,
authorizing the person who makes the affidavit of citizenship to act for them in the
Imatter of their application for patent. *
79. In case of an individual or an association of individuals who do not appear by
their duly authorized agent, you will require the affidavit of each applicant, show-
ing whether he is a native or naturalized citizen, when and where born, and his resi-
dence. -
80. In case an applicant has declared his intention to become a citizen, or has been
naturalized, his affidavit must show the date, place, and the court before which he
. his intention, or from which his certificate of citizenship issued, and present
I'êSIOleI) CO, -
81. The affidavit of claimant as to his citizenship may be taken before the register
or receiver, or any other officer authorized to administer oaths within the land-dis-
trict. If citizenship is established by the testimony of disinterested persons, such
testimony may be taken at any place before any person authorized to administer
oaths, and whose official character is duly verified.
APPOINTMENT OF DEPUTY SURVEYORs of MINING-CLAIMs—CHARGES FOR SURVEYs
AND PUBLICATIONS—FEES OF REGISTERS AND RECEIVERS, &c.
82. Section 2334 provides for the appointment of surveyors of mineral claims, au-
thorizes the Commissioner of the General Land Office to establish the rates to be
charged for surveys and for newspaper publications, prescribes the fees allowed to the
local officers for receiving and acting upon applications for mining-patents and for
adverse claims thereto, &c.
Under this authority of law the following rates have been established as the maxi-
mum charges for newspaper publications in mining cases:
a Where a daily paper is designated the charge shall not exceed seven dollars for
each ten lines of space occupied, and where a weekly newspaper is designated as the
medium of publication five dollars for the same space will be allowed. Such charge
shall be accepted as full payment for publication in each issue of the newspaper for
the entire period required by law.
It is expected that these notices shall not be so abbreviated as to curtail the de-
scription essential to a perfect notice, and the said rates established upon the under-
standing that they are to be in the usual body-type used for advertisements.
1004 REGULATIONS UNDER EXISTING MINING LAWS.
b For the publication of citations in contests or hearings involving the character of
lands, the charges shall not exceed eight dollars for five publications in weekly news-
papers, or ten dollars for publications in daily newspapers for thirty days,
83. The surveyors-general of the several districts will, in pursuance of said law,
appoint in each land-district as many competent deputies for the survey of mining-
elaims as may seek such appointment; it being distinctly understood that all ex-
penses of these notices and surveys are to be borne by the mining-claimants and not
by the United States; the system of making deposits for mineral surveys, as required by
previous instructions, being hereby revoked as regards field-work; the claimant having
the option of employing any deputy surveyor within said district to do his work in
the field.
84. With regard to the platting of the claim and other office-work in the surveyor-gen-
eral’s office, that officer will make an estimate of the cost thereof, which amount the
<laimant will deposit with any assistant United States treasurer, or designated deposi-
tory, in favor of the United States Treasurer, to be passed to the credit of the fund cre-
ated by “individual depositors for surveys of the public lands,” and file with the
surveyor-general duplicate certificates of such deposits in the usual manner.
85. The surveyors-general will endeavor to appoint mineral deputy surveyors, so
that one or more may be located in each mining-district for the greater convenience of
IIll IlêIS,
86. The usual oaths will be required of these deputies and their assistants as to the
correctness of each survey executed by them.
The duty of the deputy mineral surveyor ceases when he has executed the survey
and returned the field-notes and preliminary plat thereof with his report to the sur-
veyor-general. He will not be allowed to prepare for the mining-claimant the papers
in support of an application for patent, or otherwise perform the duties of an attorney
before the land-office in connection with a mining claim.
The surveyors-general and local land officers are expected to report any infringement
of this regulation to this office.
87. The law requires that each applicant shall file with the register and receiver a
sworn statement of all charges and fees paid by him for publication of notice and for
survey; together with all fees and money paid the register and receiver, which sworn
statement is required to be transmitted to this office, for the information of the Com-
IOISSIOI) eI’.
88. Should if appear that excessive or exorbitant charges have been made by any
†. or any publisher, prompt action will be taken with the view of correcting
the abuse.
.89. The fees payable to the register and receiver for filing and acting upon applica-
tions for mineral-land patents are five dollars to each officer, to be paid by the appli-
cant for patent at the time of filing, and the like sum of five dollars is payable to each
officer by an adverse claimant at the time of filing his adverse claim.
90. All fees or charges under this law may be paid in United States currency.
91. The register and receiver will, at the close of each month, forward to this office
an abstract of mining-applications filed, and a register of receipts, accompanied with
an abstract of mineral lands sold, and an abstract of adverse claims filed.
92. The fees and purchase-money received by registers and receivers must be placed
to the credit of the United States in the receiver's monthly and quarterly account,
charging up in the disbursing account the sums to which the register and receiver
may be respectively entitled as fees and commissions, with limitations in regard to
the legal maximum.
HEARINGS TO ESTABLISH THE CHARACTER OF LANDs.
93. In every case where it becomes necessary under the law and existing instruc-
tions of this office that a hearing be held and testimony taken for the purpose of
ascertaining the mineral or agricultural character of land, the local officers are directed
to cause the evidence to be taken before a duly qualified officer whose office is located
nearest the land in dispute, the distance to be computed by ordinary routes of travel.
Whenever the local office comes within this rule, the hearing will be held before the
register and receiver.
It is intended to cause these hearings to be held, as far as practicable, in such man-
ner as to afford the least inconvenience to persons interested. Should it appear,
therefore, by written stipulation of all the parties that this purpose will best be sub-
served by the designation of any particular officer authorized to administer oaths
within the land-district in which the land in controversy is situated, the instructions
herein may be departed from in accordance with such stipulation. Such deviation
may also be allowed where the officer who would, otherwise, be designated is an in-
terested party, or where, for other good reason, his selection would be improper.
When the evidence is taken before an officer other than the register and receiver,
REGULATIONS UNDER EXISTING MINING LAWS. 100b
the record should be sealed up, the title of the case indorsed on the envelope, and the
Whole returned by mail or express to the register and receiver. *
On the 27th April, 1880, in accordance with the directions of the Secretary of the
Interior, this office revoked the withdrawals theretofore made, upon general informa-
tion, that vast tracts of public land were mineral in character, and instructed the
local officers, in the absence of a specificallegation of the mineral character of land, to
allow applications for agricultural entry thereof, upon due proof.
Hereafter the only tracts of public land that will be withheld from entry as agri-
cultural land on account of its mineral character, will be such as are returned by the
Surveyor-general as mineral; and even the presumption which is supported by such
return may be overcome by testimony taken at a regular hearing.
94. Hearings to determine the character of land, as practically distinguished, are of
two kinds:
1st. Where lands which are sought to be entered and patented as agricultural are
alleged by affidavit to be mineral, or when sought as mineral their non-mineral char-
acter is alleged.
The proceedings relative to this class are in the nature of a contest between two
or more known parties, and the testimony may be taken on personal notice of at least
ten days, duly served on all parties, or, if they cannot be found, then by publication
for thirty days in a newspaper of general circulation, to be designated by the registe'
of the land-office as published nearest to the land in controversy. If publication is
made in a weekly newspaper, the notice must be inserted in five consecutive weekly
issues thereof.
2d. When lands are returned as mineral by the surveyor-general.
When such lands are sought to be entered as agricultural, notice must be given by
publication for thirty days as aforesaid.
95. All notices must describe the land, give the name and address of the claimant,
the character of his claim, and the time, place, and purpose of the hearing.
Proof of service of notice, when personal, must consist of either acknowledgment
of service indorsed on the citation (which is always desirable), or the affidavit of
the party serving the same, giving date, place, and manner of service, indorsed as
aforesaid.
Proof of publication must be the affidavit of the publisher of the newspaper, stat-
ing the period of publication, giving dates, stating whether in a daily or weekly
issue, and a copy of the notice so published must be attached to, and form a part of,
the affidavit.
Proof of posting on the claim must be made by the affidavits of two or more per-
sons who state when and where the notice was posted; that it remained so posted
during the prescribed period, giving dates, and a copy of the notice so posted must
be attached to, and made a part of, the affidavits.
Proof of notice is indispensable to the regularity of proceedings and must accom-
pany the record in every case. º
The expense of notice must in every case be paid by the parties thereto. -
96. At the hearing there must be filed the affidavit of the publisher of the paper
that the said notice was published for the required time, stating when and for how
long such publication was made, a printed copy thereof to be attached and made a.
part of the affidavit.
97. At the hearing the claimants and witnesses will be thoroughly examined with.
regard to the character of the land; whether the same has been thoroughly pros-
pected; whether or not there exists within the tract or tracts claimed any lode or
vein of quartz or other rock in place, bearing gold, silver, cinnabar, lead, tin, or cop-
per, or other valuable deposit which has ever been claimed, located, recorded, or
worked; whether such work is entirely abandoned, or whether occasionally resumed;
if such lode does exist, by whom claimed, under what designation, and in which sub-
division of the land it lies; whether any placer mine or mines exist on the land; if
so, what is the character thereof—whether of the shallow-surface description, or
of the deep cement, blue lead, or gravel deposits; to what extent mining is carried
on when water can be obtained, and what the facilities are for obtaining water for
mining purposes; upon what particular ten-acre subdivisions mining has been done,
and at what time the land was abandoned for mining purposes, if abandoned at all.
98. The testimony should also show the agricultural capacities of the land, What
kind of crops are raised thereon, and the value thereof; the number of acres actually
cultivated for crops of cereals or vegetables, and within which particular ten-acre
subdivision such crops are raised; also which of these subdivisions embrace his im-
provements, giving in detail the extent and value of his improvements, such as house,
barn, vineyard, orchard, fencing, &c.
99. It is thought that bona fide settlers upon lands really agricultural will be able
to show, by a clear, logical, and succinct chain of evidence, that their claims are
founded upon law and justice; while parties who have made little or no permanent
agricultural improvements, and who only seek title for speculative purposes, on ac-
1006 REGULATIONS UNDER EXISTING MINING LAWS.
$ount of the mineral deposits known to themselves to be contained in the land, will
be defeated in their intentions. w
100. The testimony should be as full and complete as possible; and, in addition to
the leading points indicated above, everything of importance bearing upon the Ques-
tion of the character of the land should be elicited at the hearing.
... 101. Where the testimony is taken before an officer who does not use a seal, other
than the register and receiver, the official character of such officer must be attested
by a clerk of a court of record, and the testimony transmitted to the register and
receiver, who will thereupon examine and forward the same to this office, with their
joint opinion as to the character of the land as shown by the testimony.
102. When the case comes before this office, such an award of the land will be made
as the law and the facts may justify; and in cases where a survey is necessary to set
apart the mineral from the agricultural land in any forty-acre tract, the necessary
instructions will be issued to enable the agricultural claimant, at his own expense, to
have the work done, at his option, either by United States deputy, county, or other
local surveyor; the survey in such case may be executed in such manner as will seg-
regate the portion of land actually containing the mine, and used as surface-ground
for the convenient working thereof, from the remainder of the tract, which remainder
Will be patented to the agriculturist to whom the same may have been awarded, sub-
ject, however, to the condition that the land may be entered upon by the proprietor
of any vein or lode for which a patent has been issued by the United States for the
purpose of extracting and removing the ore from the same, where found to penetrate
or intersect the land so patented as agricultural, as stipulated by the mining-act.
103. Such survey when executed must be properly sworn to by the surveyor, either
before a notary public, officer of a court of record, or before the register or receiver,
the deponent's character and credibility to be properly certified to by the officer
administering the oath.
104. Upon the filing of the plat and field-notes of such survey, duly sworn to as
aforesaid, you will transmit the same to the surveyor-general for his verification and
approval; who, if he finds the work correctly performed, will properly mark out the
same upon the original township-plat in his office, and furnish authenticated copies
of such plat and description both to the proper local land-office and to this office, to
be affixed to the duplicate and triplicate township-plats respectively.
105. In cases where a portion of a forty-acre tract is awarded to an agricultural
claimant and he causes the segregation thereof from the mineral portion, as aforesaid,
such agricultural portion will not be given a numerical designation as in the case of
Surveyed mineral claims, but will simply be described as the “Fractional Quar-
ter of the quarter of section , in township , of range , merid-
ian, containing acres, the same being exclusive of the land adjudged to be
mineral in said forty-acre tract.”
106. The surveyor must correctly compute the area of such agricultural portion,
Which computation will be verified by the surveyor-general.
107. After the authenticated plat and field-notes of the survey have been received
from the surveyor-general, this office will issue the necessary order for the entry of
the land, and in issuing the receiver's receipt and register's patent certificate you will
ºiably be governed by the description of the land given in the order from this
*C TriCé. -
108. The fees for taking testimony and reducing the same to writing in these cases
Will have to be defrayed by the parties in interest. Where such testimony is taken
before any other officer than the register and receiver, the register and receiver will
be entitled to no fees.
109. If, upon a review of the testimony at this office, a ten-acre tract should be found
to be properly mineral in character, that fact will be no bar to the execution of the
settler's legal right to the remaining non-mineral portion of his claim, if contiguous.
110. No fear need be entertained that miners will be permitted to make entries of
tracts ostensibly as mining-claims, which are not mineral, simply for the purpose of
obtaining possession and defrauding settlers out of their valuable agricultural im-
provements; it being almost an impossibility for such a fraud to be consummated under
the laws and regulations applicable to obtaining patents for mining-claims.
111. The fact that a certain tract of land is decided upon testimony to be mineral
in character is by no means equivalent to an award of the land to a miner. A miner
is compelled by law to give sixty days’ publication of notice, and posting of diagrams
and notices, as a preliminary step ; and then, before he can enter the land, he must
show that the land yields mineral; that he is entitled to the possessory right thereto
in virtue of compliance with local customs or rules of miners, or by virtue of the stat-
ute of limitations; that he or his grantors have expended, in actual labor and im-
provements, an amount of not less than five hundred dollars thereon, and that the
claim is one in regard to which there is no controversy or opposing claim. After all
these proofs are met, he is entitled to have a survey made at his own cost, where a sur-
vey is required, after which he can enter and pay for the land embraced by his claim.
REGULATIONS UNDER EXISTING MINING LAWS. 1007
oi: Blank forms for proofs in mineral cases are not furnished by the General Land
Cée
Respectfully,
N. C. McFARLAND,
Commissioner.
DEPARTMENT OF INTERIOR,
October 31, 1881.
Approved.
S. J. KIRKWOOD,
Secretary.
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
Washington, D. C., May 9, 1882.
TO REGISTERS AND RECEIVERs,
U. S. District Land Offices:
GENTLEMEN: Your attention is directed to the provisions of the following act of
Congress approved April 26, 1882:
AN ACT to amend section twenty-three hundred and twenty-six of the Revised Statutes, in regard to
mineral lands, and for other purposes.
Be it enacted by the Senate and House of IRepresentatives of the United States of America
in Congress assembled, That the adverse claim required by section twenty-three hun-
dred and twenty-six of the Revised Statutes may be verified by the oath of any
duly authorized agent or attorney-in-fact of the adverse claimant cognizant of the
facts stated; and the adverse claimant, if residing or at the time being beyond the
limits of the district wherein the claim is situated, may make oath to the adverse
claim before the clerk of any court of record of the United States or the State or Ter-
ritory where the adverse claimant may then be, or before any notary public of such
State or Territory.
SEC. 2. That applicants for mineral patents, if residing beyond the limits of the dis-
trict wherein the claim is situated, may make any oath or affidavit required for proof
of citizenship before the clerk of any court of record, or before any notary public of
any State or Territory.
1. It will be observed that the act is not retroactive, and hence cannot affect pro-
ceedings had prior to its approval; where º however, has not been proven, it
may be established as provided by section two of this act.
2. Where an agent or attorney-in-fact verifies the adverse claim, he must distinctly
swear that he is such agent or attorney, and accompany his affidavit by proof thereof.
3. The agent or attorney-in-fact must make the affidavit in verification of the ad-
verse claim within the land district where the claim is situated.
Very respectfully,
N. C. McFARLAND,
Commisioner.
DEPARTMENT of INTERIOR,
May 26, 1882.
Approved.
H. M. TELLER,
Secretary.
PATENTS TO PLACER CLAIMS.
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
Washington, D. C., September 22, 1882.
To REGISTERS AND RECEIVERS, AND SURVEYORS-GENERAL:
GENTLEMEN: The following regulations are promulgated as amendatory of circular
of October 31, 1881, entitled “United States mining laws and regulators thereunder,”
and have special reference to applications for patents to placer claims. They are to be
º in connection with paragraphs 53 to 60 of regulations contained in said
ClFC'Ullàr .
1. The first care in recognizing an application for patent upon a placer claim must
be exercised in determining the exact classification of the lands. To this end the
clearest evidence of which the case is capable should be presented. If the claim be
all placer ground that fact must be stated in the application and corroborated by ac-
companying proofs. If of mixed placers and lodes it should be so set out, with a
description of all known lodes situated within the boundaries of the claim. A spe-
cific declaration, such as is required by section 2333, Revised Statutes, must be fur-
1008 REGULATIONS UNDER EXISTING MINING LAWS.
nished as to each lode intended to be claimed. All other known lodes are, by the
silence of the applicant, excluded by law from all claim by him, of whatsoever nature,
possessory or otherwise.
2. Section 2395, Revised Statutes (subdivision 7), requires the surveyor to “note
in his field-books the true situation of all mines, salt licks, Salt springs, and mill seats
which come to his knowledge”; also “all water-courses over which the lines he runs
may pass.” It further requires him to “note the quality of the lands.” These de-
scriptive notes are required by subdivision 8 to be incorporated in the plat by the
Surveyor-general.
3. If these duties have been performed, the surveys will furnish a reasonable guide
to the district officers and to claimants in prosecuting their applications. But experi-
ence has shown that great neglect has resulted from inattention to the law in this
respect, and the regular plats are of very little value in the matter. It will, there-
fore, be required in the future that deputy surveyors shall, at the expense of the
parties, make full examination of all placer claims, and duly note the facts as speci-
fied in the law, stating the quality and composition of the soil, the kind and amount
of timber and other vegetation, the locus and size of streams, and such other matters
as may appear upon the surface of the claims. This examination should include the
character and extent of all surface and underground workings, whether placer or
lode, for mining purposes.
4. In addition to these data, which the law requires to be shown in all cases, the
deputy should report with reference to the proximity of centers of trade or residence;
also of well-known systems of lode deposit or of individual lodes. He should also
report as to the use or adaptability of the claim for placer mining; whether water
has been brought upon it in sufficient quantity to mine the same, or whether it can
be procured for that purpose; and finally, what works or expenditures have been
made by the claimant or his grantors for the development of the claim, and their sit-
uation and location with respect to the same as applied for.
5. This examination should be reported by the deputy under oath to the surveyor-
general, and duly corroborated; and a copy of the same should be furnished with the
application for patent to the claim, constituting a part thereof, and included in the
oath of the applicant.
6. In case of a proposed claim for lands not yet surveyed, the foregoing regulations
will govern the application for survey.
7. In controversies hereafter to be determined respecting the mineral value of lands,
their value for all purposes, whether agricultural or municipal, or as seats for towns,
will be considered, without reference to the decisions heretofore made in particular
cases. No decision finally executed, however, will be reconsidered under this modifi-
cation.
8. No application by an association of persons for patent to a placer claim will be
allowed to embrace more than one hundred and sixty acres, nor will any application
º: entertained that embraces more than one location. Amended : [see circular fol-
owing.]
9. Applications awaiting entry, whether published or not, must be made to conform
to these regulations, both with respect to amount of ground and examination as to
the character of the land. Entries already made will be suspended for examination
by the Commissioner, and such additional proofs as may be deemed necessary in each
case will be demanded.
Very respectfully,
N. C. McFARLAND,
Commissioner.
DEPARTMENT OF THE INTERIOR,
September 23, 1882.
Approved.
H. M. TELLER,
Secretary.
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
WASHINGTON, D. C., December 9, 1882.
To REGISTERS AND RECEIVERS AND SURVEYORS-GENERAL:
GENTLEMEN: By direction, contained in letter dated the 7th inst., from the honor-
able Secretary of the Interior, paragraph No. 8 of the P.; circular of Septem-
i. 22, 1882, relating to placer-mining claims, has been amended so as to read as fol-
OWS :
“8. No application by an association of persons for patent to a placer claim will be
allowed to embrace more than one hundred and sixty acres; and not less than five
hundred dollars' worth of work must be shown to have been expended upon or for the
REGULATIONS UNDER EXISTING MINING LAWS. 1009
benefit of each separate location embraced in such application. If an individual be-
comes the purchaser and possessor of several separate claims of twenty acres each or
less, he may be permitted to include in his application for patent any number of such
claims contiguous to each other, not exceeding in the aggregate one hundred and sixty
acres; but upon or for the benefit of each original claim or location so embraced, he
or his grantors must have expended the sum of five hundred dollars in improvements.”
is." are instructed to observe this modification of my said circular of September 22,
Very respectfully,
N. C. McFARLAND,
Commissioner.
VAL UABLE DEPOSITS-INSTRUCTIONS.
REGULATIONS GOVERNING THE ENTRY OF LANDS CONTAINING BORAX AND ALKALINE
EARTHS, SULPHUR, ALUM, AND ASPHALT.
Secretary Teller to Commissioner McFarland, January 30, 1883.
My attention is called to the fact that these deposits, although valuable, are not of
sufficient value to permit their being entered under the mining laws, if the recent
circular approved by me September 22, 1882, and its amendment of December 9, 1882,
is applicable to entries of lands containing borax and other similar valuable deposits.
It was early determined by the Department that the act of May 10, 1872, which de-
scribes certain lands containing valuable mineral deposits, was applicable to lands
containing deposits of borax, corbonate and nitrate of Soda, Sulphur, alum, and as-
phalt; and I believe that from the passage of the law until the present time the defi-
nition of the term “valuable mineral deposits” has been such as to include the min-
erals and alkaline substances named. I understand that entries of borate lands have
been allowed under the provisions of the act of 1872, and the regulations made in ac-
cordance there with.
It is the desire of the persons interested that the regulations which were in exist-
ence, having special reference to the application for patent for placer claims—namely,
the circular of October 31, 1881—should be continued in force so far as they relate to
deposits of borax, &c., as mentioned above.
Believing that practical effect should be given to the mining laws of the United
States, I am of the opinion that to apply the new regulations to such entries would result
in excluding such lands from sale, and depriving the people of the benefit of the use of
these natural deposits. I therefore direct you to permit the entry of public lands
containing valuable deposits of borax, the carbonate and nitrate of soda, sulphur,
alum, and asphalt in the States of California and Nevada and the Territories of Ari-
zona, Utah, and Wyoming—in which section of country I am informed the deposits
are present—under the regulations of October 31, 1881.
In addition, however, an applicant for patent for public lands containing deposits
of borax, &c., as above, must affirmatively show that the lands entered are not valu-
able for any other purpose than the one for which application is made.
It will therefore follow that the circulars of September 22 and December 9, 1882,
are not applicable to entries of the lands thus described and excepted.
SURVEYS OF MINING CLAIMS.
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
Washington, D. C., November 16, 1882.
TO UNITED STATES SURVEYORS-GENERAL:
GENTLEMEN: The regulations of this office require that the plats and field-notes of
surveys of mining claims shall disclose all conflicts between such surveys and prior
surveys, giving the areas of conflicts.
The rule has not been properly observed in all cases. Your attention is invited to
the following particulars, which should be observed in the survey of every mining
claim:
1. The exterior boundaries of the claim should be represented on the plat of survey
and in the field-notes.
2. The intersection of the lines of survey with the lines of conflicting prior surveys
should be noted in the field-notes and represented upon the plat.
64 L O—WOL III
1010 REGULATIONS UNDER EXISTING MINING LAWS.
3. Conflicts with unsurveyed claims, where the applicant for survey does not claim
the area in conflict, should be shown by actual survey.
4. The total area of the claim embraced by the exterior boundaries should be stated y
and also the area in conflict with each intersecting survey, substantially as follows:
Acres.
Total area of claim.--------------------------------------------------------- 10.50
Area in conflict with survey No. 302.---------------------------------------- - 1.56
Area in conflict with survey No. 948------------------------------------------ 2. 33
Area in conflict with Mountain Maid lode mining claim, unsurveyed.--------- 1. 48
In a number of instances that have come to the attention of this office the total
area in conflict has been given, but not the area in conflict with each intersecting
claim. The portion of the plat not in conflict has been colored, and the remainder
left uncolored. The language of the field-notes has been such as to convey the idea
that the conflicting areas were excluded from the claim, whereas such was not the
intention. . It does not follow that because mining surveys are required to exhibit all
conflicts with prior surveys, the areas of conflict are to be excluded. The field-notes
and plat are made a part of the application for patent, and care should be taken that
the description does not inadvertently exclude portions intended to be retained. It
is better that the application for patent should state the portions to be excluded in
express terms. A survey executed as in the example given will enable the applicant
for patent to exclude such conflicts as may seem desirable. For instance, the con-
flict with survey No. 302 and with the Mountain Maid lode claim might be excluded,
and that with survey No. 948 included.
Your attention is also invited to another matter. The practice of coloring portions
of surveys, leaving other portions uncolored, is open to the same objections that have
been stated concerning the field-notes. In the future no coloring will be used.
Very respectfully, N. C. MCFARLAND
* * * * Commissioner.
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
Washington, D. C., June 8, 1883.
To REGISTERS AND RECEIVERS AND SURVEYORS-GENERAL:
GENTLEMEN: The following additional regulations are promulgated as amendatory
of circular of October 31, 1881, entitled “United States mining laws and regulations
thereunder,” which, except as herein modified, will remain in full force:
1. No application will be received, or entry allowed, which embraces more than one
lode location.
2. A party who is not an applicant for patent under section 2325, Revised Statutes,
or the assignee of such applicant, is not entitled to make entry under said section, and
in no case will the name of such party be inserted in the certificate of entry. This
regulation has no reference to proceedings under section 2326. See page 998.
3. Any party applying to make entry as trustee must disclose fully the nature of the
trust and the name of the cestwi que trust; and such trustee, as well as the beneficia-
ries, must furnish satisfactory proof of citzenship; and the names of beneficiaries, as
well as that of the trustee, must be inserted in the final certificate of entry.
4. Where an adverse claim has been filed and suit thereon commenced within the
statutory period, and final judgment determining the right of possession rendered in
favor of the applicant, it will not be sufficient for him to file with the register a cer-
tificate of the clerk of the court, setting forth the facts as to such judgment, but he
must, before he is allowed to make entry, file a certified copy of the judgment, together
with the other evidence required by section 2326, Revised Statutes.
5. Where such suit has been dismissed, a certificate of the clerk of the court to that
effect, or a certified copy of the order of dismissal, will be sufficient.
6. In no case will a relinquishment of the ground in controversy, or other proof,
filed with the register or receiver, be accēpted in lieu of the evidence required in
paragraphs 4 and 5.
7. Where an adverse claim has been filed, but no suit commenced against the ap-
plicant for patent within the statutory period, a certificate to that effect by the clerk
of the State court having jurisdiction in the case, and also by the clerk of the circuit.
º the United States for the district in which the claim is situated, will be re-
LIITCCie *
Q. 8. Possessory title to a lode claim held and worked for a period equal to the time :
prescribed by the statute of limitations for mining claims of the State or Territory
where the same may be situated, may, in the absence of any adverse claim, be estab-
lished in the same manner as now allowed in placer claims, and indicated generally
in paragraphs 67,68, and 69 of the circular hereby amended. See page 995.
9. No entry will be allowed until the register has satisfied himself, by a careful
METHOD AND COST OF SURVEY OF A CLAIM, PLACER OR VEIN. 1011
examination, that proper proofs have been filed upon all the points indicated in official
regulations in force, and that they show a sufficient bona fide compliance with the laws
and such regulations. A strict observance of this regulation will be required.
L. HARRISON,
Acting Commissioner.
JULY 6, 1883.
Approved. - H. M. TELLER,
Secretary.
SURVEY OF A MINING CLAIM UNDER UNITED STATES LAW–METHOD
AND COST.
The following letter gives the details of method and cost of surveying mining claims
under the mining laws of the United States.
[Department of the Interior, United States, Surveyor-General's Office for the district of California,
610 Commercial Street, San Francisco.]
DECEMBER 20, 1881.
J. A. WILLIAMSON,
Commissioner General Land Office, Washington, D. C. :
SIR: In compliance with your request that I furnish you with a statement of the
work required from this office by the survey and platting of an ordinary mining claim,
I have the honor to submit the following:
A necessary incident to the survey of a mine is the appointment of a deputy min-
eral surveyor, although it is not required that a deputy be appointed for each survey.
There is so much to be done as to this preliminary that the steps taken are included in
this statement as being properly a part of the work.
The applicant for appointment is examined as to his qualifications, either by this
office or by a deputy. If found competent he is required to execute a bond in dupli-
cate in the sum of $10,000. An examination as to the qualifications of the sureties
upon the bond is made. After approval the bond is forwarded by letter for the ap-
proval of your office. Upon the receipt of the notice of such approval a commission
is made out, sealed, and transmitted to the deputy.
A record of the bond and issuance of the commission is kept in a book, which
shows also the date of appointment and address of the deputy.
Applications for survey are seldom in proper form, and the correspondence necessi-
tated by the return of erroneous applications is by no means inconsiderable.
Upon the receipt of a correct application an estimate of the amount to be paid for
office work and stationery is sent to the applicant. The amount of the estimate, usu-
ally $40, is in most cases sent to this office in order that it may be properly deposited
in the Treasury. Although not required by law to receive the money and deposit it for
the applicants, this office does so on account of the great convenience afforded claim-
ants living at points remote from the Treasury. In such cases the Treasurer's receipts,
in triplicate, are taken by this office and sent, one to the Treasury Department, one
to your office, and the third to the depositor.
Upon the filing of the certificate of deposit, instructions to survey the mine are is-
sued to a United States deputy mineral surveyor.
Upon the receipt of the deputy's returns they are registered and examined as to
the form and general completeness, and if satisfactory are sent to the draughting-rooms
for technical examination and platting. Errors in tabling and Survey are often found,
frequently of a serious nature, and, as by your letter, N, of December 11, 1878, errors
in the sworn returns of a United States deputy mineral surveyor must be corrected
by himself, a return of the work to the deputy with an explanatory letter is necessary.
When found to be correct and in accordance with the record of location and re-
quirements of the law and instructions, the survey is platted.
Four plats are required in ordinary cases: one for the United States land office, one
for the claimant, being the plat forwarded to your office with the returns from the
United States land office, and one posting plat.
In cases where there are more than one location included in one survey, as many
posting plats as there are locations must be made,
With the plat sent to the United States land office there must be a letter of trans-
mittal, and the register's receipt must be recorded and filed.
With the plats furnished the claimant there are sent certified copies of the appli-
cation for survey, and the approved field-notes and returns of the deputy. A receipt
for the plats and copies furnished is made out and sent with them, and when returned
is registered and filed.
For convenience of reference the original plat and field-notes are numbered and in-
1012 METHOD AND CoST OF SURVEY OF A CLAIM, PLACER or vBIN.
‘dexed, a double index being kept, that is, an index in the name of the mine and also
in the name of the claimant. -
Two of these are required: one in the draughting division and the other in the gen-
eral office, as it would be extremely inconvenient in case but one index were kept to
send up stairs to the draughting-rooms for the number of a case when but an exami-
nation of the papers is desired, or to send from that division to the general office for
the number of a map when an examination of the map alone is all that is negessary.
Although this system of indexing may appear at first productive of unnecessary
work, it is not so in practice, for inquiries relative to mines are constantly being made
by persons who can give only the claimant's name.
The papers retained in this office are neatly folded and filed in heavy wrappers, upon
which are shown the names of the mine and claimant; the district, county, and town-
ship and range in which the mine is situated; when the survey was made, and by whom,
with the date of the deputy’s instructions; by whom the field-notes were copied;
when the plats and copies of the field-notes were sent to the claimant, and when the
register's map was sent to the United States land office.
By this system of filing, the main points relative to location, survey, &c., can be seen
without reference to the papers.
An account is opened with the depositor upon the receipt of the Treasurer's certifi-
cate in this office. Strict account is taken of the time engaged in platting the survey
and making the necessary copies of the original plat and returns of survey. For this
purpose each employé engaged upon “special-deposit work” is required to hand the
accountant, at the end of each day's work, a tag showing what particular case or cases
he has been employed upon during the day.
A full statement showing the condition of the deposits acted upon during the quar-
ter must be made to accompany the quarterly returns of this office.
In cases where the original deposit is found insufficient, the claimant is called upon
for an additional deposit, with which the same formulas are observed as with the
original deposit.
The township plats must be amended from time to time as surveys of mines interfere
with the areas of the public land sections. Duplicate diagrams showing the amend-
ments must be made—one for the local land office and one for your office.
Much of the work attending the course of a survey through this office is of such a
nature that no account can be taken of it as affecting any particular claim; as, for
instance, making out instructions and estimates, writing letters to deputies and to
claimants, preliminary examinations of the deputy’s returns, designating surveys by
their proper lot numbers and recording such lottings, &c., work which in the abstract
is but slight, but which in the concrete requires much time and labor. -
As a partial illustration of my statements, I transmit copies of the forms of the books
in use in this office under the special-deposit system, so far as they relate to surveys of
mining claims, and also transmit copies of the field-notes and plats of survey of the
Bald Mountain Placer Mine, Sierra County, California, a case which I have selected
as a fair example of the amount of office work which may be required in the prepara-
tion of plats and papers in the manner required by current usage and regulations.
By the records of this office it appears that the actual cost of the office work upon
said survey was as follows:
for original plat, 264 days, at $5.86%.-------------------------------------- $155 42
For one copy for the Department; for one copy for the local land office; for
three copies for posting, one on each location ---------------------------- 58 65
Forten days, at $5.86% per diem.-------------------------------------------
For clerical work, 3} days, at $5.86% --------------------...----------------- 20 53
Total.--------------------------------------------------------------- 234 60
A short description of the mine and of the office work performed will explain the
apparently great amount of time, 264 days, of 63 hours each, consumed upon the orig-
inal plat. This mine comprises three locations, namely, the Bald Mountain, the
Parkman, and the Oregon Creek. The survey of the boundaries of the Bald Mount-
ain location has 12 courses, that of the Parkman location 21 courses, and that of the
Oregon Creek location 90 courses (prior to the amendment of the latter location it
comprised 114 courses), and, as will be seen upon examination of the accompanying
plats, the lines of the entire claim cross the boundaries of seven sections of the public
SūIVOWS.
§survey was made in November, 1878, by Mr. Samuel Bethell, a United States
deputy mineral surveyor, who, from long experience in the customs and regulations of
this office (having been almost constantly at work on mining surveys for the past
ten or twelve years), is believed to be as thoroughly conversant with all the require-
- ments of the service as any deputy surveyor in the district.
The notes were received in January, 1879, examined from beginning to end, were
found to require some amendments and explanations, and were returned to the deputy.
PROCEDURE IN MINERAL LAND ENTRIES. 1013
The notes were received a second time in February, 1879, were again examined,
º to contain other errors, and were again returned for amendments and explana-
IOI. S. -
They were received a third time in February, 1879, were found to be in accordance.
with all requirements, and were platted.
Each of the examinations above referred to required, 1st, tabling the surveys ac-
cording to Davie's method to determine their accuracy and the area; 2d, a compari-
son of all the approved surveys of the surrounding or adjacent claims, with the one.
under examination as to possible conflicts; and, 3d, the tabling of all the connections,
with the lines of the public surveys, to ascertain the fractional areas remaining to
the public lands, and to see that the deputy had made no error in this part of his
work. As this mining claim crosses the lines of several sections, much careful work
was required in this part of the examination.
About five months after the approval of the survey, the claimants requested that the
Oregon Creek location should be amended by cutting off 4,000 feet from the southern
end; consequently, the new notes had to be examined and the plats amended at an
expenditure of 5+ days' time, and a cost of
For draughtsman's Work --------------------------------------------------- $32 26
For clerical Work ---------------------------------------------------------- 6 00
Total for amended survey ------------------------------------------, 38 26
sº added tº the cost of original survey ($234.60), makes a grand total of
272.88.
In conclusion, I have to state that the cost of office work is likely to increase in the
future, for the reason that the richest mineral deposits are confined to comparatively
narrow strips of country, and locations having been made at various dates by per-
sons who were ignorant of previous legal locations upon the precise tracts which they
wished to take up, the locations must overlap, and the extent of all such overlaps upon
approved surveys must be investigated and delineated by this office for the informa-
tion of the Department.
Very respectfully, your obedient servant, X
THEO. WAGNER, -
United States Surveyor-General for California.
MINERAL-LAND ENTRIES.
IN EFFECT DECEMBER 1, 1883.
FORMS REQUIRED AND PROCEDURE IN DISTRICT LAND OFFICE TO COMPLETE A TITLE.
The above regulations give the data requisite in entering mining lands, giving
looth the law and the departmental regulations. The following papers are requisite
in making application for a patent ; adverse claims may intervene, but in all cases
patented the following is the procedure:
[When the entry is by a corporation, a copy of the act must be filed; when by an
attorney, a copy of the power of attorney.]
The applicant files, when publication is made—
. An application.
. Notice of location (certified copy).
. Abstract of title.
Affidavit of citizenship of applicants.
Field-notes of survey.
. Plat of survey.
. Affidavit of identity of claim.
. Affidavit of amount of improvements.
. Copy of by-laws of mining district.
10. Proof of posting notice of ownership and plat on the mine.
11. Notice for publication.
When entry is made (after publication), the applicant must file the following papers:
1. Proof that the notice and plat remained posted for the 60 days requisite during
the full time of publication.
1014 PROCEDURE IN MINERAL LAND ENTRIES.
2. The register certificate of posting notice and plat in his office the requisite time.
3. Fee statement.
4. Proof of publication by publisher (in newspaper) of notice of ownership.
The applicant now files the following application to purchase:
TN. (4–011.)
APPLICATION TO PURCHASE.
To the Register and Receiver, United States Land Office at
Mineral Entry, No. —, Lot No. —.
—, 188 .
The undersigned applicant , under the laws of Congress, for a patent for what is
TRnown as the mining claim, embracing linear feet of the vein or
lode, with acres of surface ground, the same being designated by the surveyor-
general as lot No. —, in the of section —, in township —, of range—, of the
meridian, in the mining district, county, of , do hereby
apply to purchase said mineral claim or lot of land, and agree with the register to pay
dollars, being the legal price thereof.
I, - , register of the land office at , do hereby certify that the afore-
said mineral claim or lot No. — is subject to entry by the above-named applicants;
the area being acres, and the legal price thereof dollars.
Register,
6. The receiver now issues, after payment, the following certificate in duplicate,
one for the files, the otherfor the applicant :
[N.] - [4–145.]
RECEIVER'S RECEIPT.
(Duplicate to be given the purchaser.)
UNITED STATES LAND OFFICE AT y
Mineral Entry, No. —, Lot No. —.
—, 18
j
Received from the sum of dollars, the same being in full for
the surface area embraced by survey No. —, in the of section —, in township
No. —, of range No. — meridian, said mineral claim or lot of land being situate in
mining district, county of ; and of —, and known as the
mining claim, embracing acres, as shown by said survey.
}
Receiver.
7. The register now issues the following certificate of entry in duplicate, one for
the files and one for the applicant. On this certificate the patent issues:
REGISTER'S FINAL CERTIFICATE OF ENTRY.
UNITED STATES LAND OFFICE AT 3.
Mineral Entry No. —, Lot No. —. 188
—, º
It is hereby certified that, in pursuance of the mining act of Congress, approved
July 25, 1866, and the acts amendatory thereof, approved July 9, 1870, and May 10,
1872, , whose post-office address is , on this day purchased that min-
eral claim or lot of land designated as survey No. —, in the of section —, in
township No. —, of range — meridian, situate, lying and being in the mining
district, in the county of and of , known as the mining
claim, embracing linear feet, with acres of surface ground, as shown by
HOMESTEAD ACTS. 1015
said survey, for which the said have this day made payment to the re-
ceiver in full, amounting to the sum of— dollars.
Now, therefore, be it known that, upon the presentation of this certificate to the
Commissioner of the General Land Office, together with the plat, survey, and de-
scription of said claim, a patent shall issue thereupon to the said if all
be found regular.
Register.
NOTE.-The entire case is now transmitted to the General Land Office at Washing-
ton for patent.
HOMESTEADS,
TABLES TO JUNE 30, 1882.
[See Chapter XXVII, pages 332 to 356, and 1282.]
The homestead acts continue to be the favorite laws for actual settlers, their benefi-
cent provisions being easily understood and acted upon.
From May 20, 1862, to June 30, 1882, there were made 552,112 original homestead
entries, containing 67,043,189.79 acres. During the same period 194,488 final entries
were made, or homestead entries consummated, and title passed by the Nation to in-
dividual citizens, containing 23,412,795.92 acres, as follows:
1016
HOMESTEAD ENTRIES TO JUNE 30, 1882.

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HOMESTEAD ENTRIES-HOW MADE. 1017
CIRCULAR INSTRUCTIONS RELATIVE TO ENTRIES UNDER THE HOME-
STEAD LAWS.
IN EFFECT DECEMBER 1, 1883.
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
- Washington, D. C., March 20, 1883.
To REGISTERS AND RECEIVERS:
GENTLEMEN: You are 1nstructed to deliver to applicants for land under the home-
stead acts, a copy of this circular, and to especially call the attention of the applicant
to the requirements of the law under which the application is made.
RESIDENCE OF APPLICANT.
1. The applicant must in every case state in his application his place of actual regi-
dence, and the post-office address to which notices of contest or other proceedings rela-
tive to his entry shall be sent.
SECOND FILINGS AND ENTRIES.
2. A party making a legal filing or entry under any one of the foregoing acts ex-
hausts his right under that act and cannot thereafter make another filing or entry
under said act.
ALTERATIONS IN APPLICATIONS,
3. Applications to amend filings or entries should be filed with the register and re-
ceiver and be by them transmitted for the consideration of this office. Registers and
receivers will not change an entry or filing so as to describe another tract or change
a date after the same has been recorded.
RELINQUISHMENTS.
4. Entries and filings made for the purpose of holding the land for speculation and
the sale of relinquishments are illegal and fraudulent, and every effort in the power
of the Government will be exerted to prevent such frauds and to detect and punish,
the perpetrators.
5. The first section of the act of May 14, 1880, provides that when a pre-emption,
homestead, or timber-culture claimant shall file a written relinquishment of his claim,
in the land office, the land covered by such claim shall be held as open to settlement
§ entry without further action on the part of the Commissioner of the General Land.
C62.
6. This act refers to bona fide relinquishments of bona fide entries. An entry fraudu-
lent in its inception is not an entry capable of being relinquished. It is an entry to
be canceled upon a proper showing of the facts and circumstances of the case, where-
upon the land will become subject to proper entry by the first legal applicant.
7. Purchasers of relinquishments of fraudulent filings or entries should under-
stand that they purchase at their own risk so far as the United States is concerned,
and must seek their own remedies under local laws against those who, by imposing
such relinquishments upon them, have obtained their money without valuable con-
sideration.
SETTLERS ON UNSURVEYED LANDS.
8. Homestead and pre-emption settlers on unsurveyed lands are allowed three months.
after the filing of the township plat of survey within which to put their claims on
record. Accordingly no party will be permitted to make final proof in any case until
after the expiration of said three months.
THE HOMESTEAD LAws.
9. Homestead entries can be made for not more than one quarter section, or 160
acres of land.
FEES PAYABLE WHEN APPLICATION IS MADE.
10. The land office fees and commissions, payable when application is made, are as
follows: *
In Alabama, Arkansas, Dakota, Florida, Iowa, Kansas, Louisiana, Michigan, Minne-
sota, Missouri, and Nebraska—
Land at $2.50 per acre. Land at $1.25 per acre.
For 160 acres-------------------. $18 00 For 160 acres. - - - - - - - - - - - - - - - - - - - $14 00.
For 80 acres-------------------- 9 00 For 80 acres-------. ------------ 7 00,
For 40 acres-------------------- 7 00 For 40 acres ----------------- ... 6 00:
1018 HOMESTEAD ENTRIES-REGULATIONS.
ſ
In Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon,
Utah, Washington, and Wyoming—
Land at $2.50 per acre. Land at $1.25 per acre.
For 160 acres-------------------- $22 00 Eor 160 acres-------------------- $16 00
For 80 acres.------------------- 11 00 For 80 acres-------------------- 8 00
For 40 acres.------------------- 800 For 40 acres-------------------- 6 50
11. When a person desires to enter a tract of land upon which he has not established
a residence and made improvements, he must appear personally at the district land office
and present his application, and must make the required affidavits before the register
and receiver.
12. He must then establish his actual residence (in a house) upon the land within
six months from date of entry, and must reside upon the land continuously for the
period prescribed by law.
13. In the case of a single person, the actual residence must be established within
the same time, and must be continuously and actually maintained for the same period.
14. The homestead affidavit can be made before the clerk of the county court only
in cases where the family of the applicant, or some member thereof, is actually residing
on the land which he desires to enter, and on which he has made bona fide improve-
ment and settlement, and when he is prevented by reason of distance, bodily infirmity,
or other good cause from personal attendance at the district land office.
15. In such cases the applicant must state in a supplemental affidavit the facts of
such settlement, improvement, and residence: what acts of settlement have been per-
formed and when made; the nature, extent, and value of the improvements; what
member or members of his family are residing on the land, and the length of time
such residence has been maintained, and the cause specifically why the applicant can-
not appear at the local office.
16. A false oath taken before a clerk of a court is perjury, the same as if taken be-
fore the register or receiver. -
17. The period of actual inhabitancy, improvement, and cultivation required under
the homestead laws is five years.
18. In case of the death of a homestead party before making final proof, the widow
succeeds to the homestead right.
19. In case of the death of both father and mother, the right and fee inure to the
minor children, if any.
20. A homestead right cannot be devised away from the widow or minor children.
SOLDIERS' HOMESTEADS.
[See circulars of December 15, 1882, and February 13, 1883, pages 1020 and 1021 amendatory of this.]
21. A Union soldier or sailor of the late war is entitled to a deduction from the five
years of the length of time (not exceeding four years) of his military service. But the
soldier (or his widow, as the case may be), must actually reside on the land at least
one year before final proof can be made.
22. In case of the death of the soldier, and the death or remarriage of the widow,
the minor children of the soldier, by a duly-appointed guardian, are entitled to the
privileges of the father.
23. Neither the guardian nor the minor children are required to reside upon the
land, but the same must be cultivated and improved for the period of time during
which the father would have been required to reside upon the tract.
24. The soldier may file a declaratory statement for a tract of land which he intends
to enter under the homestead laws. The fee is $2, except in the Pacific States and
Territories, where the fee is $3.
25. This statement may be filed either personally or by an agent, and the soldier is
thereafter allowed six months within which to make his entry and commence his set-
tlement and improvement. -
26. The entry can be made only by the soldier in person at the local land office, and
he must commence his settlement on the land within six months after his filing, and
must continue to reside on the land and cultivate it for such period as, added to his
military service, will make five years. But he must actually reside upon the land at
least one year, whatever may have been the period of his military service.
27. Entries cannot be made for a soldier by an agent or attorney.
28. After a declaratory statement has once been filed, whether by an agent or other-
wise, the soldier cannot file again. His rights are exhausted by the first filing, and if
he does not, within six months, make his personal entry at the land office and com-
mence his settlement as required by law, he obtains no right to the land.
29. A soldier's homestead declaratory statement for a tract of land does not prevent
anybody else from making an entry of the same land, subject to such right as the
isoldier may acquire by virtue of actual residence on the land and full compliance with
HOMESTEAD ENTRIES-REGULATIONS. 1019
law. If the soldier does not establish his residence on the tract as required, the next
comer may take the land.
30. Soldiers are not entitled to land, nor to bounty-land warrants, for their military
service in the late war, nor can title to land be obtained for them by agents or attor-
neys. All representations to the contrary are false, and soldiers and sailors are
Wººl against imposition by parties who offer to locate land for them, or to sell their
rights.
FINAL PROOF.
31. A settler desiring to make final proof must file with the register of the proper
land office a written notice, in the prescribed form, of his intention to do so, which
notice will be published by the register in a newspaper, to be by him designated as
nearest the land, once a week for six weeks, at the applicant's expense.
32. Applicants should commence to make their proofs in sufficient time, so that the
same may be completed and filed in the local office within the statutory period of
seven years from date of entry.
33. The final affidavits and proof should be made before the register or receiver,
but may be made before the judge, or, in his absence, before the clerk, of a court of
record in the county and State, district, or Territory in which the land is situated.
If in an unorganized county, the proof may be made in a similar manner in any adja-
cent county in the same State or Territory.
34. When proof is made before the county officers mentioned, the same must be
transmitted by the judge or clerk of the court to the register and receiver, together
with the same fees and commissions that the land officers would have been entitled to
i. if the proof had been made before them and the testimony reduced to writing
y them.
FEES PAYABLE AT TIME OF MAKING FINAL PROOF,
35. The land office commissions, payable at time of making final proof, are as follows:
In Alabama, Arkansas, Dakota, Florida, Iowa, Kansas, Louisiana, Michigan, Minne-
sota, Mississippi, Missouri, and Nebraska—
Land at $2.50 per acre. Land at $1.25 per acre.
For 160 acres-------------------- $800 For 160 acres ------------ - - - - - - - $4 00
For 80 acres-------------------- 4 00 For 80 acres ------------------- 2 00
For 40 acres-------------------- 200 For 40 acres ------------------- 1 00
In Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon,
Utah, Washington, and Wyoming—
Land at $2.50 per acre. Land at $1.25 per acre.
For 160 acres-------------------- $12 00 For 160 acres ------------------- $6 00
For 80 acres-------------------- 600 For 80 acres ------------------- 3 00
For 40 acres.------------------- 300 For 40 acres ------------------- 1 50
36. The fees for reducing testimony to writing in making final proof are, in the
former States, 15 cents, and in the latter States and Territories, 22; cents, for each 100
words. No other land-office fees than those stated in this circular are payable or al-
lowable in homestead cases.
COMMUTED HOMESTEADS.
37. Homestead entries can be commuted to cash only after actual inhabitancy of the
land by the homestead party, and his improvement and cultivation of it for a period
of not less than six months.
38. A person who commutes a homestead entry cannot move from the tract and set-
tle upon other public land in the same State or Territory as a pre-emptor.
39. Proof of settlement and cultivation for the prescribed period is to be made in
the same manner as in pre-emption cases.
40. A person commuting a homestead entry when he has not actually resided upon
the land and improved and cultivated it as required by law, forfeits all right to the land
and to the purchase money paid, and in addition thereto renders himself liable to crimi-
nal prosecution.
# * # $ #5 3% #
CAUTION TO APPLICANTS.
Persons making filings or entries under the homestead “ ” “ acts are cautioned
that the laws authorize entries to be made only for the use and benefit of the party
making the same, and that entries or filings are not allowed by law to be made for the
1020 HOMESTEAD ENTRIES-REGULATIONS.
benefit of others nor for speculation, but all entries must be made in good faith and
the requirements or law must be honestly and faithfully complied with.
Very respectfully,
N. C. McFARLAND,
Commissioner.
DEPARTMENT OF THE INTERIOR,
March 20, 1883.
Approved.
H. M. TELLER,
Secretary.
SOLDIERS’ HOMESTEAD DECLARATORY STATEMENTS.
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
Washington, D. C., December 15,1882.
REGISTERS AND RECEIVERS, UNITED STATES LAND OFFICEs:
GENTLEMEN: In view of extensive frauds in the matter of declaratory statements
of homestead applicants under sections 2304 and 2309 of the Revised Statutes, the
privilege conferred by the filing of such claims having been made the occasion of bar-
ter and sale, without attempt on the part of the soldier to comply with the statute
by making formal entry at the district office, and commencement of settlement upon
the lands within the prescribed period of six months, the following regulations are
prescribed for the admission of such filings:
1. Proof of qualification as an honorably discharged soldier must be furnished in
accordance with existing regulations in case of entry by soldiers who make direct home-
stead application without availing themselves of the preliminary filing. Oath of the
soldier, setting forth his residence and post-office address, must accompany the filing,
to the effect that the claim is made for his exclusive use and benefit, for the purpose
of actual settlement and cultivation, and not either directly or indirectly for the use
or benefit of any other person; and it must also be shown by such oath that he has not
theretofore either made a homestead entry or filed a declaratory statement under the
homestead law. -
2. Where the declaratory statement is offered for filing by an agent under section
2309, the oath must further declare the name and authority of such agent, giving the
date of the power of attorney or other instrument creating the agency, and also aver
that the name was inserted therein before execution. It will be observed that with
the filing of the declaratory statement the power of the agent, under the law, is at an
end. He has thereafter no right or control with respect to the matter nor over the
land selected, and has no authority to relinquish the claim or do any other act in the
premises. The further declaration of the statute is expressed, that “such claimant
in person shall within the time prescribed make his actual entry, commence settle-
ments and improvements on the same, and thereafter fulfill all the requirements of
law.” Nevertheless, the oath of the soldier and the power of attorney should show
that such is the understanding of the matter, and he should swear in terms that such
agent has no right or interest direct or indirect in the filing of such declaratory state-
ment.
3. In addition to the proper power of attorney in such cases, the agent must file his
own oath to the effect that he has no interest either present or prospective, direct or
indirect, in the claim; that the same is filed for the sole benefit of the soldier, and
that no arrangement has been made whereby said agent has been empowered at any
future time to sell or relinquish such claim either as agent or by filing an original re-
linquishment of the claimant. º:
4. As above implied by the requirement of the oath, a soldier will be held to have
exhausted his homestead right by the filing of his declaratory statement; it being
manifest that the right to file is a privilege granted to soldiers in addition to the or-
dinary privilege only in the matter of giving them power to hold their claims for six
months after selection; but it is not a license to abandon such selection with the right
thereafter to make a regular homestead entry independently of such filing. This is
clear from the statutory language. Section 2304 provides that “the settler shall be
allowed six months, after locating his homestead and filing his declaratory statement,
within which to make his entry and commence his settlement and improvement”;
and section 2309 requires him “in person” to “make his actual entry, commence set-
tlements and improvements on the same, and thereafter fulfill all the requirements of
law.” These must be done “on the same” land selected and “located” by the filing.
5. The foregoing ruling will not be so construed as to require the rejection of an
application to enter the tract filed upon, after the lapse of six months, where climatic
reasons are shown which will justify an allowance of one year under the act of March
HOMESTEAD ENTRIES-REGULATIONS. 1021
3, 1880 (21 Stat., 511); nor in cases where the failure results from sickness, misfortune,
or any insurmountable cause, which shall be properly alleged and satisfactorily
shown, and where no adverse right has intervened. Where such cause has prevented
entry and an adverse right has been admitted, it will be held proper within the discre-
tion of this office to allow an entry upon another tract: Provided, That it shall be shown
to the full satisfaction of the Commissioner that the default was practically beyond
the power of the claimant to avoid. This was formerly the rule, as prescribed by
circular of May 17, 1873; but later practice and instruction have extended it far be-
yond its original scope, and allowed entry to be made upon simple default without
showing of course for non-compliance with law.
6. Following the accepted practice in pre-emption cases, the filing of a declaratory
statement will not be held to bar the admission of other filings and entries; but any
person making entry or claim during the period allowed by law for entry of the sol-
dier will do so subject to his right, and his application when offered within such
time will be allowed as a matter of right and operate to exclude the intervening claim.
7. Where you have cause to believe that any “filing” offered for record is not pre-
sented in good faith, you will note such cause upon the same, and if it be sufficient
to warrant rejection, such as a want of proper authentication or any palpable defect,
you will reject the same, and allow an appeal from your ruling according to the regu-
lar practice. . Where, such cause is not sufficient to warrant an authoritative ruling,
you will admit the filing subjećt to investigation, and immediately proceed to make
proper inquiry into the matter, reporting your action at once to this office.
Forms of affidavit are hereto appended, and blanks will be furnished as soon as
they can be prepared. -
You will please give the date of the receipt of this circular.
Very respectfully,
N. C. McFARLAND,
Commissioner.
Approved.
H. M. TELLER,
Secretary.
[See forms following].
REVISED REGULATIONS RELATIVE TO SOLDIERS’ AND SAILORS’ ADDI-
TIONAL HOMESTEAD ENTRIES.
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
Washington, D. C., February 13, 1883.
TO REGISTERS AND RECEIVERS, UNITED STATES LAND OFFICEs:
GENTLEMEN: Section 2306 of the Revised Statutes of the United States provides
that any person entitled to make a homestead entry under section 2304 (providing for
the benefit of soldiers and sailors of the late war), who had, prior to June 22, 1874,
made a homestead entry of less than 160 acres, may enter an additional quantity of
land sufficient to make, with the previous entry, 160 acres.
The right granted by this section, and extended by section 2305 to the widow, if
unmarried, or otherwise to the minor orphan children by proper guardian, is a personal
one and is not transferable, nor subject to assignment or lien, nor can it be exercised
by another. It can lawfully be exercised only by the soldier or sailor, or by the widow
or guardian, as the case may be, in his or her own proper person.
The practice which has hitherto prevailed of certifying the additional right as in-
formation from the records of this office and permitting the entry to be made by an
agent or attorney is hereby discontinued.
The following regulations will hereafter be strictly observed:
1. The party desiring to make an additional entry, and being entitled thereto, must
present himself at the land office of the district in which the land he wishes to enter
is situated, and make his application in the same manner as in case of an original
entry. (Form No. 4—008.) -
2. In addition to the usual homestead affidavit, the claimant must make a special
affidavit showing—
First. His identity as the soldier he represents himself to be, reciting his military
service, and stating his present residence and post-office address.
Second. The facts, in detail, respecting his right to make the additional entry, and
that he has fully complied with the provisions of the homestead laws in the matter of
residence upon and cultivation and improvement of his original entry, and whether
or not he has proved up his claim and received a patent for the land.
Third. That he has not in any manner previously exercised his additional right
either by entry or application, or by sale, transfer, or power of attorney, but that the
same remains in him unimpaired.
1022 HOMESTEAD ENTRIES-REGULATIONS.
3. The foregoing affidavits must be sworn to and subscribed in the presence of the
register or receiver. This rule must be strictly adhered to in order to avoid false per-
Sonation; and applications and affidavits presented to the register and receiver with
signatures attached will not be received. Department circulars of May 17, 1877, and
September 1, 1879, are modified accordingly.
* 4. These rules will not be deemed to apply to cases where the additional right has
heretofore been certified by this office, nor to cases now pending, or which maybe filed
in this office prior to March 16, 1883. *
Very respectfully, N. C. McFARLAND
--- ~. Commissioner.
DEPARTMENT OF THE INTERIOR,
February 14, 1883.
H. M. TELLER,
Secretary.
Approved.
[Revised Statutes of the United States.]
SEC. 2246. The register or receiver is authorized, and it shall be their duty to admin-
ster any oath required by law or the instructions of the General Land Office, in con-
nection with the entry or purchase of any tract of the public lands; but he shall not
charge or receive, directly or indirectly, any compensation for administering such
oath.
SEC. 5392. Every person who, having taken an oath before a competent tribunal,
officer, or person, in any case in which a law of the United States authorizes an oath
to be administered, that he will testify, declare, depose or certify truly, or that any
written testimony, declaration, deposition, or certificate by him subscribed is true,
willfully and contrary to such oath states or subscribes any material matter which
he does not believe to be true, is guilty of perjury, and shall be punished by a fine of
not more than two thousand dollars, and by imprisonment at hard labor not more
than five years; and shall, moreover, thereafter be incapable of giving testimony in
any court of the United States until such time as the judgment against him is reversed.
SEC. 5393. Every persons who procures another to commit any perjury is guilty of
subornation of perjury, and punishable as in the preceding section prescribed.
SEC. 5440. If two or more persons conspire either to commit any offense against the
TJnited States, or to defraud the United States in any manner or for any purpose, and
one or more of such parties do any act to effect the object of the conspiracy, all the
parties to such conspiracy shall be liable to a penalty of not less than one thousand
dollars and not more than ten thousand dollars, and to imprisonment not more than
two years.
SEC. 5479. If any person shall falsely make, alter, forge, or counterfeit, or cause ol
procure to be falsely made, altered, forged, or counterfeited, or willingly aid or assist
in the false making, altering, forging, or counterfeiting, any bond, bid, proposal,
guarantee, security, official bond, public record, affidavit, or other writing for the purpose
of defrauding the United States, or shall utter or publish as true, or cause to be uttered
or published as true, any such false, forged, altered, or counterfeited bond, bid, pro-
posal, guarantee, security, official bond, public record, affidavit, or other writing for
the purpose of defrauding the United States, knowing the same to be false, forged,
altered, or counterfeited, or shall transmitto, or present at, or cause or procure to be trans-
mitted to, or presented at, the office of any officer of the United States, any such false, forged,
altered, or counterfeited bond, bid, proposal, guarantee, security, official bond, pub-
lic record, affidavit, or other writing, knowing the same to be false, forged, altered, or
counterfeited for the purpose of defrauding the United States, shall be punished by
a fine of not more than one thousand dollars, or by imprisonment at hard labor for
not more than ten years, or by both such punishments.
HOMESTEADS—CLASSES OF. 1023
HOMESTEADS.
DECEMBER 1, 1883.
The several homestead laws recognize six classes of homestead entries.
A homesteader must be the head of a family, male or female, a widow or a single
person, male or female, over the age of twenty-one years, who are citizens of the
United States, or who have declared their intention to become citizens (such cannot,
However, make a final entry of a homestead until fully naturalized); also, to Indians
who have abandoned their tribal relations, and have adopted the habits and pursuits
of civilized life.
THE SEVERAL CLASSES OF HOMESTEAD ENTRIES.
1. Under the original act of May 20, 1862, and amendments.
2. Adjoining farm homesteads, Sec. 229, R. S. U. S.
3. Additional homestead act of March 3, 1879.
4. Soldier's homestead act of June 8, 1872.
5. Additional homestead, under act of June 8, 1872.
6. Indian homestead act of March 3, 1875.
ENTRIES-HOW MADE.
Homestead entries are received, in the manner herein set out, at any United States
district land office. Homestead settlements can be made upon any of the public
lands not otherwise specially reserved, and which has been declared subject to entry
and location by law of Congress. No public lands, however, are open to settlement,
or sale until after Congress directs their survey, creates land offices therein, and
orders how, when, and by what system they shall be disposed of.
HOW PAID FOR,
Cash is received in payment of fees. In the case of a commuted homestead, the
commutor can use cash, military bounty-land warrants, agricultural college or pri-
vate scrip, under the act of January 28, 1879.
DECISIONS As To HoMESTEADs.
For decisions and rulings as to homestead and entries, see annual reports of the Com-
missioner of the General Land Office from 1862 to 1881; also, volume of “General and
Permanent Landlaws.” Public Land Commission, 1880, title, “Homesteads,” Chap-
ter VIII, sections 212, 255, pages 80–94, -; also, see “Decisions of the Department of
the Interior and General Land Office in cases relating to lands and land claims from
July 1881, to June 1883,” title, “Homesteads.”
FIOMESTEAD ENTRIES.
GENERAL METHOD OF PROCEDURE IN DISTRICT LAND OFFICES AND
- DETAILS AS TO LAWS.
IN EFFECT DECEMBER 1, 1883.
THE HOMESTEAD PRIVILEGE. *
The laws extending the homestead privilege, embraced in sections 2289 to .2312 of
the Revised Statutes, give to every citizen, and to those who have declared their in-
tention to become citizens, the right to a homestead on 8urveyed lands. This right
was limited by section 2289 of the Revised Statutes, as the maximum quantity, to 160
acres of the class of ordinary public lands held by law at $1.25 per acre, when dis-
posed of to cash purchasers, or 80 acres of the class of lands embraced in the alternate
sections, along the lines of railroads or other works of internal improvement, reserved
to the United States in acts of Congress making grants of land in aid of the construc-
tion of such works, and the price thereof increased to $2.50 per acre. By act of Con-
gress of March 3, 1879, it was enacted that from and after its passage “the even sec-
tions within the limits of any grant of public lands to any railroad company, or to
any military road company, or to any State in aid of any railroad or military road,
shall be open to settlers under the homestead laws to the extent of one hundred and
H024 HOMESTEAD ENTRIES-HOW MADE.
sixty acres to each settler,” thus doing away in this class of entries with the distinc-
tion between ordinary minimum and double minimum lands, or lands held at $1.25
#. acre and lands held at $2.50 per acre, which had existed under section 2289 of the
evised Statutes of the United States, so far as the double minimum lands may be
found in even sections within the limits of land grants for railroads or military roads.
These provisions did—not extend so as to embrace any double minimum lands in odd-
numbered sections, or in the limits of grants for any other description of public works.
By act of Jnly 1, 1879, the same provisions were extended to the odd sections in the
$tates of Missouri and Arkansas, where the odd sections were reserved to the United
States, the price of the lands therein enhanced, and the even sections granted for the
purposes of improvement. Both acts were inoperative in any case where the even sec-
tions were granted, the odd being reserved, and not within the States of Missouri and
Arkansas, as in Alabama and Mississippi; but the double minimum lands in the two
last-mentioned States having been brought into market at the enhanced price prior
to the 1st January, 1861, are now reduced to $1.25 per acre under the third section of
the act of June 15, 1880.
PROCEDURE IN DISTRICT LAND OFFICES,
[See forms, pages 1033 to 1036.]
To obtain a homestead the party must, in connection with his application (Form
4–007), make an affidavit (Form 4–063), before the register or receiver, that he is over
the age of twenty-one or the head of a family; that he is a citizen of the United States,
or has declared his intention to become such; and that the entry is made for his ex-
clusive use and benefit, and for actual settlement and cultivation ; and must pay the
legal fee and that part of the commissions which is payable when the entry is made,
as given in tables on page —.
WHEN PERSONAL APPEARANCE AT THE DISTRICT LAND OFFICE MAY BE DISPENSED
WITH.
Where the applicant has made actual settlement on the land he desires to enter,
but is prevented by reason of bodily infirmity, distance, or other good cause, from
personal attendance at the district land office, the affidavit may be made before the
clerk of the court for the county within which the land is situated, under section
2294 of the Revised Statutes.
On compliance by the party with the foregoing requirements, the receiver will issue
his receipt for the fee and that part of the commissions paid (Form 4–137), a dupli-
cate of which he will deliver to the party. The matter will then be entered on the
records of the district office and reported to the General Land Office.
SETTLEMENT AND RESIDENCE,
[See Forms, pages 1036 to 1040.]
An inceptive right is vested in the settler by such proceedings, and upon faithful
observance of the law in regard to settlement and cultivation for the continuous term
of five years, and at the expiration of that time, or within two years thereafter, upon
proper proof to the satisfaction of the land officers (Forms 4–070, 4–369, and 4–370), and
payment to the receiver of that part of the commissions remaining to be paid, as given
in tables on page 1019, the receiver issuing his receipt therefor, the register will issue
his certificate (Forms 4–140 and 4–196), and make proper returns to this office as the
basis of a patent or complete title for the homestead. In regard to the requirement of
continuous residence and cultivation in such cases, reference is made to the exceptions
provided for in the act of Congress of July 1, 1879, as given above, with respect to
grasshopper Tavages, and within certain sections of Kansas and Nebraska provided
for by act of June 4, 1880, also given above, in cases of loss or failure of crops from
unavoidable causes, these acts being applicable to homestead claims in like manner
as to pre-emptions. And an inceptive right to a homestead may now be acquired,
and the period of continuous residence and cultivation begin to run, prior to the date
of formal entry at the district land office, by the party making actual settlement on
the tract desired, provided the entry at the district office is made within the pre-
scribed period thereafter as in pre-emptions. The third section of the act of May 14,
1880, places homestead settlers on public lands on the same footing with pre-emption
settlers under existing laws. This section protects the claim of an actual settler upon
unsurveyed land not yet open to entry at the district office, provided he shall make
homestead entry of the land within three months from the filing of the township plat
of survey in the district land office, the same as the pre-emptor is now protected by
filing his declaratory statement within the same period; and if the homestead settler
shall fully comply with the law as to continuous residence and cultivation, his settle-
HOMESTEAD ENTRIES-HOW MADE. 1025
ment defeats all claims intervening between its date and the date of filing his home-
stead application. In making finai proof, his five years of residence and cultivation
will commence from date of actual settlement.
NOTE.-The law is specific in requiring final proof to be made within two years after the expiration
of the five years from day of entry.
FINAL PROOF–HOW MADE.
[See Forms, pages 1037, 1038.]
Under the act of Congress of March 3, 1879, any settler desiring to make final proof
must first file with the register of the proper land office a written notice of his inten-
tion to do so. Such notice must describe the land claimed, and the claimant must give
the names and residences of the witnesses by whom the necessary facts as to settle-
ment, residence, cultivation, &c., are to be established. (See Form 4–348.)
The filing of such notice must be accompanied by a deposit of sufficient money to
pay the cost of publishing the notice to be given by the register.
Upon the filing of the notice by the applicant, the register shall publish a notice of
such application once each week for a period of thirty ãays, in a newspaper which he
shall designate, by an order written on said application, as published nearest the land
described in the application, and he shall also post said notice in some conspicuous
place in his office for the same period. A compliance with the law will require the
notice to be published weekly five times, because four weekly publications would not
cover a period of thirty days. -
The notice to be given by the register must state that application to make final
proof has been filed; the name of the applicant; the kind of entry, whether homestead
or pre-emption; a description of the land, and the names and residences of the wit-
nesses as stated in the application. (See Form 4–347.) -
To save expense, the register may embrace two or more cases in one publication,
when it can be done consistently with the legal requirements of publication, in a
newspaper published nearest the land, as per attached Form 4–3474.
When proof is filed that notice has been given in the manner and for the time
required by said act of Congress, the applicant will be entitled to make final proof,
as provided by law.
The proof that requisite notice has been given will be the certificate of the register
that the notice of the application (a copy of which should be annexed to the certifi-
cate) was posted by him in a conspicuous place in his office for a period of thirty days
(Form 4–227), and the affidavit of the publisher or foreman of the newspaper that the
notice (a copy of which notice must be annexed to the affidavit) was published in
said newspaper once each week for five successive weeks.
The proof of the publication and posting of the notice must be filed and preserved
by the register, to be forwarded to this office with the final papers when issued.
HOW PROOF MAY BE MADE OTHER THAN AT DISTRICT LAND OFFICE.
[See Forms, pages 1038 to 1040.]
In making final proof the homestead party may appear in person at the district land
office with his witnesses, and there make the affidavit and proof required in support
of his claim, or he may proceed under the act of March 3, 1877. This prescribes that
the party desiring to avail himself thereof must appear with his witnesses before the
judge of a court of record of the county and State, or district and Territory, in which
the land is situated, and there make the final proof required by law, according to the
forms prescribed, Nos. 4–070 and 4–369, which proof, duly authenticated by the court
seal, is required to be transmitted by the judge or the clerk of the court to the register
and receiver, together with the fee and charges allowed by law. See 3d, 10th, and
12th subdivisions of section 2238 of the Revised Statutes of the United States.
The judge being absent in any case, the proof may be made before the clerk of the
proper court. The fact of the absence of the judge must be certified in the papers by
the clerk acting in his place.
If the land in any case is situated in an unorganized county, the statute provides
that the party may proceed to make the proof, in the manner indicated, in any adja-
cent county in the State or Territory. The fact that the county in which the land lies
is unorganized, and that the county in which the proof is made is adjacent thereto,
must be certified by the officer.
In any case where the final proof shall be transmitted to the register and receiver
as contemplated in this act, and the full amount of money due shall be paid, they wili
carefully examine the proof, and, if no objection appears, proceed to issue the receipt,
and certificate in the case, and make proper returns to this office as the basis of a pat-
ent or complete title for the homestead, pursuant to existing laws. If any objection
appears they will promptly notify the party and advise him of his rights in the matter.
65 L O—WOL III
1026 HOMESTEAD ENTRIES-HOW MADE.
ENTRIES OF DECEASED OR INSANE PERSONS-HOW COMPLETED.
Where a homestead settler dies before the consummation of his claim, the widow,
or in case of her death the heirs, may continue settlement or cultivation, and obtain
title upon requisite proof at the proper time. If the widow proves up, title passes to
*::: if she dies before proving up and the heirs make the proof, the title will vest in
them.
Where both parents die, leaving infant children, the homestead may be sold for
cash for the benefit of such children, and the purchaser will receive title from the
United States, or the patent will issue to the infants on proof of settlement or cultiva-
tion for the prescribed period.
Under the act of Congress of June 8, 1880, parties whose homestead entries were reg-
ularly made according to law, and who afterwards became insane, may be represented
for making final proof and perfecting their entries by any person whose authority to
act for them during their disability shall be duly certified under seal of the proper
probate court. This act will not be construed to cure failure to comply with the law
where the failure occurred prior to the insanity of the claimant. Final proof will not
be received until the expiration of the five years, but proof of residence and cultiva-
tion will be required to cover only the period prior to such insanity. If a claimant
becomes insane after expiration of the period of residence, &c., the act will be con-
strued to permit his guardian to act for him within the time in which he might have
made final entry himself. The proof must show the regularity of the entry, and there-
fore that the claimant was either a citizen or had filed his declaration to become One
according to the naturalization laws at date of entry, but further proof will not be
required as to citizenship.
SALE OF HOMESTEAD NOT RECOGNIZED.
The sale of a homestead claim by the settler to another party before completion of title
is not recognized by this office, and vests no title or equities in the purchaser. In mak-
ing final proof, the settler is by law required to swear that no part of the land has been
alienated, except as provided in section 2288 of the Revised Statutes, for church, cem-
etery, or school purposes, or the right of way of railroads. So far, however, as regards
homestead entries made prior to the 15th June, 1880, for lands properly subject to
such entry, the second section of the act of Congress of that date provides that the
persons to whom the rights of those having so entered for homesteads may have been
attempted to be transferred by boma fide instruments in writing may entitle themselves
to said lands by paying the Government price therefor less the fee and commissions
paid on the entries. Instructions relative to such cases will be found in place below.
ABANDONMENT OF HOMESTEAD.
As the law allows but one homestead privilege, a settler relinquishing or abandon-
ing his claim cannot thereafter make a second entry; although where an entry is
canceled as invalid for some reason other than abandonment, and not the willful act
of the party, he is not thereby debarred from entering again, if in other respects en-
titled, and may have the fee and commissions paid on the canceled entry refunded on
proper application under the act of June 16, 1880; or, if he so elect, he may, by special
instructions from this office, be allowed credit for such fee and commissions on a new
homestead entry.
RELINQUISHMENT OF HOMESTEADS.
DUTIES OF REGISTERS AND RECEIVERS ON RELINQUISHMENTS BEING FILED.
By the first section of the act of May 14, 1880, it is enacted “that when a pre-
emption, homestead, or timber-culture claimant shall file a written relinquishment of
his claim in the local land office, the land covered by such claim shall be held as open
to settlement and entry, without further action on the part of the Commissioner of
the General Land Office.” The district land officers are instructed not to accept or
act upon any relinquishment, unless made before them, which has not been duly sub-
scribed by the claimant on the back of his duplicate receipt, and acknowledged, wit-
nessed, and executed in the manner requisite under the laws of the State or Territory
in which the land is situated for the valid transfer of real estate. In case of the loss
of the duplicate receipt an affidavit of such loss must accompany the written relin-
quishment.
Immediately upon a relinquishment, duly executed as above, being received at their
office, the register will note on the relinquishment, over his signature, the day and
hour of its receipt, will write the words “Canceled by relinquishment” (giving date)
HOMESTEAD ENTRIES-HOW MADE. 102.7
opposite the record of the entry in the tract book, the register of entries, and the
ºter of receipts, and draw a line over the number of the entry on the township
plat.
On Monday of each week they are directed to transmit to this office all the relin-
quishments which have been accepted by them during the preceding week. When
the relinquishment shall have been received and noted as above, they will hold the
land embraced in the relinqished entry as subject to settlement or entry by the first
legal claimant; the intent of said section, as understood by me, being only to prevent
; delay formerly resulting from awaiting action on such relinquishments by this
OfilC6.
ABANDONMENT OF HOMESTEAD–CONTESTS.
Where application is made to contest the validity of a homestead entry on the
ground of abandonment, the party must file his affidavit with the district land officers,
setting forth the allegations on which his application is founded describing the tract
and giving the name of the settler. Upon this the officers will set apart a day for
hearing, giving all the parties in interest due notice of the time and place of trial.
In cases of inability to make personal service of the notice, and when it becomes
necessary to serve it by application, the act of Congress of June 3, 1878, directs that
the same shall “be printed in some newspaper in the county where the land in contest
lies; and if no newspaper be printed in such county, then in the newspaper printed
in the county nearest to such land.” After the trial, the land officers will transmit
the testimony, with their joint report, for the action of this office, according to Rules
of Practice approved December 20, 1880, given on pages 559 to 567.
The contestant must defray the expenses incident to such a contest. Under the
second section of the act of Congress of May 14, 1880, before referred to, if he suc-
ceeds in the contest, and procures the cancellation of the entry, he will be notified
thereof, and for a period of thirty days from such notice will be allowed a preference
right to institute a claim to the land over any other person who may desire to do so.
PREFERENCE MUST BE GIVEN TO A BONA. FIDE SETTLER.
According to the principles laid down in the decisions rendered by the United States
Supreme Court in the case of Atherton vs. Fowler, 6 Otto, 513, and the case of Hosmer
vs. Wallace, 7 Otto, 575, the preference right of a bona fide actual settler will be recog-
nized as against any other, party seeking title to the tract covered by his settlement,
under the pre-emption, homestead, or timber-culture laws.
PRE-EMPTION FILING MAY BE CHANGED INTO A HOMESTEAD ENTRY.
[See Forms, page 1041.] _^
When an individual has made settlement on a tract and filed his pre-emption decla-
ration therefor, he may change his filing into a hemestead, if he continues in good
faith to comply with the pre-emption laws until the change is effected; and by an
act of Congress of May 27, 1878, the time during which the party has resided upon
and claimed the land as a pre-emptor will be credited upon the period of residence
and cultivation required under the homestead law. In so doing he is required in his
first homestead affidavit to set forth the fact of a previous pre-emption filing, the
time of actual residence thereunder, and the intention to claim the benefit of such
time as provided for in the act. In making final proof on his homestead entry he is
required, in addition to the usual affidavit and proof, to make the prescribed “pre-
emption homestead affidavit.” (Form 4–071.)
HoMESTEAD MAY BE COMMUTED AT END OF SIX MONTHS WITH CASH, scRIP, or
LAND WARRANTS.
[See Forms, page 1036.]
If the homestead settler does not wish to remain five years on his tract, the law
permits him to pay for it with cash or warrants or agricultural college scrip, upon
making proof of settlement and cultivation for a period of not less than six months
from the date of entry to the time of payment; or payment may now be made with
private claim scrip under the act of January 28, 1879. *
This proof of actual settlement and cultivation must be the affidavit of the party
(Form 4–069) made before the district officers, in addition to the testimony usual in
making final homestead proof (Form 4–369), or the party may, under the act of June
9, 1880, make the required affidavit before the clerk of any court of record of the
county and State or district and Territory in which the land is situated; or if in any
unorganized county, he may make such affidavit in a similar manner in any adjacent
county in the State or Territory.
1028 HOMESTEAD ENTRIES-HOW MADE.
ENTRY OF HOMESTEADS BY HOMESTEADERS OR BY TRANSFEREES UNDER ACT OF
JUNE 15, 1860.
With respect to the class of homestead entries made prior to the 15th June, 1880,
the act of Congress that day approved provides another method of acquiring title to
the land by purchase. Under section 2, duly qualified persons who, prior to June 15,
1880, entered, under any of the homestead laws, lands properly subject to such entry,
are permitted to obtain title by paying the Government price, less the fee and com-
missions paid thereon.
In allowing entries of this class, the district officers will require proof that the
party was twenty-one years of age, or the head of a family, was a citizen or had de-
clared his intention to become a citizen of the United States, and was in other respects
entitled to make the entry.
When homestead entries, made prior to June 15, 1880, have been attempted to be
transferred by bona fide instrument in writing, the persons to whom such transfers
were made are likewise authorized to obtain title by like payments and with like de-
ductions of fees and commissions.
In permitting entries by transferees, they will first ascertain whether the original
homestead entry was a valid entry under the homestead laws. They will then require
the instrument in writing by which it was sought to transfer such homestead right
to be filed, together with the best evidence attainable of the bona ſ. character of
the transfer, including the affidavit of the party who seeks to purchase. They will
also require satisfactory proof that the attempted transfer was made prior to June 15,
1880. In cases of doubt as to the propriety of allowing the application to purchase,
they should refer all the papers to this office, with a full statement of facts and their
opinion.
No entry will be allowed under the second section when the original homestead en-
try was not a valid entry; nor when an entry under the homestead laws shall have
been made on the same land subsequent to the original entry; nor if the land was
embraced in a prior valid entry at the date of such original homestead entry; nor
. adverse legal rights of any character exist at the date of the application to
purchase.
Applications to purchase under said second section will be made on Form 4–001, as
in case of ordinary cash entry, and must be accompanied by the receiver's duplicate
homestead receipt, or, if that has been lost or destroyed, by an affidavit setting forth
such fact, and giving the register's and receiver's number and date of the original
homestead entry. It must also be stated in the application that the same is made
under the second section of the act of June 15, 1880. Where the duplicate receipt
has been lost or destroyed, and the application to purchase is made by the original
homestead party, the applicant must make oath that he has not transferred nor at-
tempted to transfer his homestead rights under said entry, nor assigned his right to
receive the repayment of the fees, commissions, and excess payments paid thereon.
The register will certify to the receiver the amount to be allowed as credit for fees
and commissions already paid, the applicant first making oath that said fees and com-
missions have not been repaid, and that no application for such repayment has been
made.
Entries under said second section will receive current register's and receiver's num-
bers in the regular cash series, and will be returned in the same manner as in other
cases of cash entry, referring, however, in each instance, on the cash abstracts, cer-
tificates, and receipts, to the date of the act authorizing the entry, the register's and
receiver's number of the original homestead application, and the amount allowed as
credit for fees and commissions, as follows: “Act June 15, 1880. Original homestead
entry No. —. Credit for fees and commissions, $ .”
Final homestead proof not being required in these cases, no advertisement or notice
of intention to make final proof is necessary, and no final homestead fees are to be
paid or collected.
Warrants and scrip, made receivable by law for lands subject to sale at private
entry, or in commutation of homestead or pre-emption rights, and certificates of de-
posit on account of surveys, will be deemed receivable for lands purchased under the
act of June 15, 1880.
The existing rule must, however, be observed, that where the value of warrants or
scrip exceeds that of the land entered there with, no repayment is authorized, but the
warrant or scrip applied must be fully surrendered. In such case there would be no
claim for repayment on account of the fee and commissions paid on the original home-
stead entry,
ADJOINING FARM HomeSTEADs—How ENTERED.
[See Forms, page 1041.]
There is a class of homesteads designated as “adjoining farm homesteads.” In
these cases the law allows an applicant owning and residing on an original farm to
HOMESTEAD ENTRIES-HOW MADE. 1029
enter other land lying contiguous thereto, which shall not, with such farm, exceed in
the aggregate 160 acres. Thus, for example, a party owning or occupying 80 acres
may enter 80 additional, without regard to price, whether held at $1.25 or $2.50 per
acre; or, if owning 40 acres, he may enter 120 acres additional of land held at $1.25
per acre, or of land held at $2.50 per acre, where 160 acres is now the maximum
quantity of double minimum land subject to homestead entry, but cannot exceed the
maximum of 80 acres where the land proposed to be entered is held at $2.50 per acre,
and where 80 acres is still the legal maximum in reference to that class of lands,
under section 2289 of the Revised Statutes as modified by the acts of Congress of
March 3, 1879, July 1, 1879, and June 15, 1880, before mentioned.
In applying for an entry of this class, the party must make affidavit (Form 4–066)
describing the tract which he owns and upon which he resides as his original farm.
In making final proof it is not required that he should prove actual residence on the
separate tract entered; but if he does not, it must appear from the proof adduced
(Forms 4–369 and 4–067, the two former to be modified to suit the circumstances of
the case) that he has continued for the period required by law to reside upon and
i: the original farm tract, making use of the entered tract as a part of the
Omestead.
ADDITIONAL HOMESTEAD ENTRY.
(See Forms, page 1042.)
The act of March 3, 1879, in addition to its provisions already referred to, provides,
first, that “any person who has under existing laws taken a homestead on any even
section within the limits of any railroad or military road land grant, and who by exist-
ing laws shall have been restricted to 80 acres, may enter under the homestead laws an
additional 80 acres adjoining the land embraced in his original entry, if such addi-
tional land be subject to entry,” without payment of fees and commissions, and that
“the residence and cultivation of such person upon and of the land embraced in his
original entry shall be considered residence and cultivation for the same length of time
upon and of the land embraced in his additional entry, and shall be deducted from the
five years' residence required by law,” with the proviso, however, that in no case shall
patent issue “until the person has actually, and in conformity with the homestead
laws, occupied, resided upon, and cultivated the land ” embraced in his additional
entry “at least one year.” The act of July 1, 1879, is similar in effect.
Upon any party proposing to enter an additional tract under these provisions, the
register and receiver will require him to submit proof which shall set forth the par-
ticulars of his existing entry and of his compliance with the legal requirements re-
garding the same, according to the form provided for use in making final proof, 4–369,
as also to swear that he did not serve in the Army or Navy of the United States during
the late civil war for ninety days or more, as the class of persons who thus served were
not restricted to eighty acres under previously existing laws, and, therefore, are not
entitled to the benefits of the acts referred to, and to make homestead application and
affidavit according to attached Forms 4–018 and 4–086. The requircd proof is found
necessary to ascertain the 8tatus of the original entry at the date of application for the
benefit of the said acts, and also the credit for residence and cultivation to which the
party who made the same may be entitled, according to their provisions, in perfectin
his title under the additional or new entry to be allowed, without waiting the arriva
of the time when final proof on the latter is to be made. With reference, however, to
cases in which final proof on the original entries has been made and the certificates
issued, the requirement of proof as herein directed may be omitted, and in lieu thereof
a reference made in reporting the case to the certificate issued, giving its number and
date, so that it may be identified on the records of this office.
These requirements having been complied with, the register and receiver will then,
if they find his original entry to be intact on their records, whether patented or not,
and if no objection appears in any respect, allow the entry applied for, note the same
on their records, giving it the proper number in the regular homestead series, and re-
port it with their monthly homestead returns, indicating its character as an additional
entry under said act on the margin of their monthly abstracts, with a reference to the
original entry by its number, and the description of the land. The money columns in
ºbstract will of course be left blank, since there will be no fees and commissions
3,101.
p In this class of entries the party, if still resident on the original entry tract, will not
be required to remove therefrom to the additional entry tract in order to make a new
residence on the latter, as the two forming one body of land, residence on either will
be regarded as satisfying the legal requirement; but in making final proof on the
additional entry the party must show such residence, with occupancy and cultivation
of the tract taken as additional under said act, for five years from the date of entry
thereof, less the time to be deducted on account of residence and cultivation on the
original entry, which shall not exceed four years in any case.
1030 HOMESTEAD ENTRIES-HOW MADE.
**
Second. The acts further provide that should the person so elect he may, instead of
making an additional entry, “surrender his existing entry to the United States for
cancellation, and thereupon be entitled to enter lands under the homestead laws the
same as if the surrendered entry had not been made,” with the same provisions, as
regards fees and commissions not being required, and requiring settlement and culti-
Vation, occupation, and residence, as have been already stated with regard to addi-
tional entries. In case of any party electing to surrender his entry under this act,
the register and receiver will receive his relinquishment, which shall specify for what
purpose made, and be accompanied by the duplicate receipt issued for the relinquished
entry, or by a statement under oath showing a good reason for its absence, report the
case in a special letter to this office, and await instructions before proceeding further
in ... matter. Relinquishments may be made in the same manner hereinbefore pro-
vided for.
SOLDIER'S HOMESTEAD.
[See Forms, page 1043. See amendatory circular, pages 1020 and 1021.]
Provisions for the benefit of 80ldier8 and sailors of the late war, their widow8 and minor
orphan children.—Sections 2304, 2305, 2306, 2307, 2308, and 2309 of the Revised Stat-
utes, º the benefit of soldiers and sailors, their widows and minor orphan children,
provide—
1st. In section 2304, that every soldier and officer in the Army, and every seaman,
marine, and officer of the Navy, who served for not less than ninety days in the Army
or Navy of the United States, “during the recent rebellion,” and who was honorably
discharged, and has remained loyal to the Government, may enter, under the provis-
ions of the homestead law, 160 acres of the public land, to be taken, if desired, from
the class of double minimum lands. -
2d. In section 2305, that the time of his service, or the whole term of his enlistment
if the party was discharged on account of wounds or disability incurred in the line of
duty, shall be deducted from the period of five years, during which, as per section
2291, the claimant must, to perfect title, reside upon and cultivate the entered tract,
but with the proviso that the party shall, in every case, reside upon, improve, and
cultivate his homestead for a period of at least one year after he shall have com-
unenced his improvements.
3d. That any person entitled to the benefits of section 2304, who had, prior to the
22d of June, 1874, made a homestead entry of less than 160 acres, may enter an addi-
tional quantity of land sufficient to make, with the previous entry, 160 acres.
4th. That the widow, if unmarried, or in case of her death or marriage, then the
minor orphan children, bf a person who would be entitled to the benefits of section
2304, may enter land under its provisions, with the additional privilege accorded,
that if the person died during his term of enlistment, the widow or minor children
shall have the benefit of the whole term of enlistment.
APPLICATIONS-HOW MADE.
5th. That any person entitled to the benefit of section 2304 may file his claim for a
tract of land through an agent, and shall have six months thereafter within which to
make his entry and commence his settlement and improvement upon the land; but
first entry cannot be made by an agent or attorney.
The following is the course of proceedings for parties to avail themselves of the
benefits of these sections of the Revised Statutes in making homestead entries (see
Amendatory Circular of December 15, 1882, and February 13, 1883):
1st. On the party producing the proper proof of his right to do so, immediate entry
of the tract desired may be made; but if the party so elect, he may file a declaration
(Form A or B) to the effect that he claims a specified tract of land as his homestead,
and that he takes it for actual settlement and cultivation. The register and receiver
will number the declarations so filed in a separate series, according to the order of fil-
ing, enter them on their records, and with their monthly returns forward an abstract,
to embrace all declarations of this class filed with them during the month. Thereafter,
at any time within six months from the date of filing, the party may come forward,
make his entry of the land (Forms of application and affidavits, 4–015 and 4–065),
and commence his settlement and improvement. Should the party present his dec-
laration through an agent as authorized by Section 2309, said agent must produce a
duly executed power of attorney from the principal desiring to make the entry, who
will be bound by the selection his agent may make the same as though made by him-
self. Where the party has failed to make entry within six months from the date of
filing, he is not thereby debarred from making entry of the tract filed for, unless some
adverse right has intervened; and if so he may enter some tract that is still vacant.
2d. The claims of widows and minor orphan children may be initiated by declaration,
as above. Minor orphan children can act only by their duly appointed guardians,
HOMESTEAD ENTRIES-HOW MADE. 103f
who must file certified copies of the powers of guardianship, which must be trans-
mitted to this office by the registers and receivers with their abstracts of declarations.
The law does not require, as a condition to enjoying its benefits, that the party should
first file a declaratory statement, and, as before stated, immediate entry may be made.
(See Amendatory Circular February 13, 1833.)
SOLDIER'S ADDITIONAL HOMESTEAD ENTRY.
[See Forms, page 1045.]
3d. Where a party entitled desires to make an additional entry of a quantity which,
with his original entry, shall not exceed one hundred and sixty acres, it is required
that a full recital of military service be presented to the district land office in which
the land is he wishes to enter, with due proof of the identity of the party making the
claim, and with proper reference to his original homestead entry, giving the name
of the district office, date and number of entry, and description of the land. In ad-
dition, a detailed statement, under oath, must be filed by the party in interest, set-
ting forth the facts respecting his right to make the entry, and containing his declara-
tion that he has not in any manner exercised his right, either by previous entry or
application, or by sale, transfer, or power of attorney, but that the same remains in
him unimpaired: He must also declare, under oath, all of these, in the presence of the
register or receiver, that he has made full compliance with the homestead law in the
matter of residence upon, cultivation and improvement of, his original homestead
entry, and should further recite whether or not he has proved up his claim and received
a patent of the land.
When these papers are filed and examined, they will, if found satisfactory, be re-
turned with a certificate attached recognizing the right of the party to make addi-
tional entry under the law; and when presented with proper application at any dis-
trict land office, either by the party entitled or his agent or attorney, they will be ac-
cepted by the register and receiver, and forwarded with the entry papers to this office
in the usual manner.
The fee for examination and certificate, under the seal of the office, will be $1, which
must in all cases accompany the papers presented for approval.
Where the party's first entry has been consummated, the register and receiver will
require him to make application in the form prescribed (No. 4–008), and to pay the
same fee and commissions as in cases of original entry; the receiver will issue his re-
ceipt for the money paid, and these papers will receive the current date and the proper
numbers in their homestead series. Then, to complete the transaction—it being an
object, for the convenience of business, that the additional entry papers and the
final papers therefor in such cases shall be kept separate and distinct—the party
will make payment of the usual final commissions on the entered tract, for which the
receiver will issue his receipt; the register will thereupon issue his final certificate
for the additional tract (Form 4–197), the receipt and certificate to bear their proper
numbers in the final homestead series; likewise a reference to the original entry and
to the final certificate thereon by their number, and also by their district where the
party's first entry shall have been made in a different district.
In case the party has not made proof on his original homestead entry when he ap-
plies for additional land, he will be allowed to make the additional entry on proper
application, as above stated, and paying the usual fee and commissions, for which the
receiver will issue his receipt, the papers to receive their proper numbers in the home-
stead series, with a reference thereon to the original entry. Thereafter, when the
party shall make final proof on the original entry, he will be required to pay the final
commissions on both entries, when a final receipt will be issued for the money, and
thereupon a final certificate issued to call both for the tract in the original entry and
the additional tract. On these papers the register and receiver will make a reference
to the original and the additional entry, and on them one patent will issue for
both; yet where it happens that the original entry and the additional entry are made
in different land districts, this rule must be departed from so far as regards the issuing
of one final certificate and receipt for both.
The following proof will be required of parties applying for the benefits of sections
2304, 2305, and 2307, in addition to the prescribed affidavit of the applicant:
1st. Certified copy of certificate of discharge, showing when the party enlisted and
when he was discharged; or the affidavit of two respectable, disinterested witnesses
corroborative of the allegations contained in the prescribed affidavit (Form 4–065) on
these points, or, if neither can be procured, the party's affidavit to that effect.
2d. In case of widows, the prescribed evidence of military service of the husband,
as above, with affidavit of widowhood, giving date of the husband's death.
3d. In case of minor orphan children, in addition. to the prescribed evidence of
military service of the father, proof of death or marriage of the mother. Evidence of
death may be the testimony of two witnesses, or certificate of a physician duly at-
1032 FORMS USED IN HOMESTEAD ENTRIES.
tested. Evidence of marriage may be certified copy of marriage certificate, or of the
record of same, or testimony of two witnesses to the marriage ceremony.
The register and receiver will be allowed to charge one dollar each for receiving
and filing the initiatory declaration of the parties in cases where such declarations are
filed. This fee the receiver will account for in the usual manner, indicating the same
in his account, as fees for “homestead declarations,” which will be charged against the
maximum of $3,000 now allowed by law. In the States and Territories for which 50
per centum additional is allowed by the 12th subdivision of section 2238 of the Re-
vised Statutes, the additional allowance will apply to the fee herein named, viz: Cali-
fornia, Oregon, Washington, Nevada, Colorado, Idaho, New Mexico, Arizona, Utah,
Wyoming and Montana.
INDIAN HOMESTEADS, HOW MADE.
[See Forms, pages 1046.]
Provisions for the benefit of Indians.—The fifteenth and sixteenth sections of the act
of March 3, 1875 (copy attached, No. 9), extends the benefits of the homestead act of
May 20, 1862, and the acts amendatory thereof (now embodied in sections 2290, 2291,
2292, and 2295 to 2302, inclusive, of the Revised Statutes) to any Indian, born in the
United States, who is the head of a family, or who has arrived at the age of twenty-
one years, and who has abandoned, or may hereafter abandon, his tribal relations,
with the exception that the provisions of the eighth section of said act of 1862 (section
2301 of the Revised Statutes) shall not be held to apply to entries made thereunder,
and with the proviso that the title to lands acquired by any Indian by virtue thereof
shall not be subject to alienation or incumbrance, either by voluntary conveyance,
or the judgment, decree, or order of any court, and shall be and remain inalienable
for a period of five years from the date of the patent issued therefor.
An Indian desiring to enter public land under this act must make application to
the register and receiver of the proper district land office; also an affidavit setting
forth the fact of his Indian character; that he was born in the United States; that he
is the head of a family or has arrived at the age of twenty-one years; that he has
abandoned his tribal relations and adopted the habits and pursuits of civilized life
(Form 4–079), and this must be corroborated by the affidavits of two or more disinter-
ested witnesses (Form 4–077).
If no objection appears, the register and receiver will then permit him to enter the
tract desired according to existing regulations, so far as applicable, under the home-
stead law, the register writing across the face of the application (Form 4–007) the
words “Indian homestead—act of March 3, 1875;” they will note the entry on their
records and make returns thereof to this office, with which they will send the affidavits
submitted. It will be observed that the provisions of the eighth section of the act of
May 20, 1862 (section 2301 of the Revised Statutes), which admits of the commuting
of homestead to cash entries, do not apply to this class of homesteads.
All lands obtained under the homestead laws are exempt from liability for debts
contracted prior to the issuing of patent therefor.
FORMS USED IN HOMESTEAD ENTRIES.
June 30, 1883.
IN UNITED STATES DISTRICT LAND OFFICE.
Blanks are furnished free.
Applicant must file, on application—
Application and register's certificate.
Affidavit of applicant.
Non-mineral affidavit.
Receiver's receipt, issued in duplicate.
Excess receipt for excess of area, if any there be. ,
FINAL ENTRY, OR PROVING UP.
Notice of intention to make final proof.
Notice for publication to make final proof, “register’s.” (Two or more entries may
be embraced in this notice.)
Certificate as to posting notice.
Proof of publication of notice; affidavit of publisher or foreman of newspaper in
which published.
Final affidavit required of claimant.
FORMS USED IN HOMESTEAD ENTRIES. 1033
Proof, testimony of claimant.
Proof, testimony of two witnesses taken separately.
Receiver's final receipt (in duplicate).
Register's certificate for patent (in duplicate).
SOLDIERS' AND SAILORS' HOMESTEADS.
Forms as above are used, except that soldier's declaratory statement, A, in person,
or, B, by his agent, are used instead of the application in the first instance, and the
affidavit differs. (See forms following.)
INDIAN HOMESTEADS.
Forms as in homestead entries, with the addition of affidavit [No. 4–079] by appli-
cant, and corroborative affidavit of two persons [No. 4–077].
SPECIAL, HOMESTEAD LAWS.
Commuted homesteads, or payment at end of six months, as in pre-emption; adjoin-
ing-farm homesteads; pre-emption homesteads, or where pre-emption filings are
changed to homestead entries; additional homesteads, and soldiers' additional home-
steads require special forms, which are given in the chapter following.
HOMESTEADS AND PRE-EMPTIONS IN DISTRICTS SUBJECT TO GRASSEIOPPER IN CURSIONS.
By the act of July 1, 1879, special provision was made for absence by settlers of such
land during the period of such incursions. (See regulations following.)
HOMESTEAD, FORMS USED IN ENTRY OF.
IN EFFECT JUNE 30, 1883.
Homestead claims to the extent of 160 acres can be entered, by a duly qualified
person, upon any of the public lands of the United States in any and all the public-
land States and Territories where the lands are not mineral or purely timber lands,
and where they are subject to entry by reason of enactment by Congress. Home-
stead titles can be initiated upon unsurveyed as well as surveyed lands.
Settlement prior to entry is not a condition.
FORMS USED ON (ORIGINAL) APPLICATION.
ForM No. [4–007.]
Homestead application.
If filed for surveyed lands and when applicant has not established a residence and
made improvements, applicant must appear personally at the district land office and
make affidavits; actual residence must be made within six months, and be contin-
uous until final proof is made. If settlement is on unsurveyed lands, claimants must
put their claims on record within three months after filing of the township plats in
the district land office; must be paid for within seven years from date of filing appli-
cation. (See note at bottom of receiver's receipt [4–138].)
HOMESTEAD.
* LAND OFFICE, AT 2
APPLICATION NO. —. (Date) , 18—.
I, , of do hereby apply to enter, under section 2289 of the Re-
vised statutes of the Uniteå States, the of section , in township 9
of range — —, containing — acres.
LAND OFFICE AT y
(Date) , 18–.
I, , register of the land-office, do hereby eertify that the above appli-
cation is for surveyed lands of the class which the applicant is legally entitled to enter
1034 FORMS USED IN HOMESTEAD ENTRIES.
under section 2289 of the Revised Statutes of the United States, and that there is no
prior valid adverse right to the same.
, Register.
AFFIDAVIT OF CLAIMANT.
(Made before register or receiver or clerk of court.)
[See note.]
[4–063.]
HOMESTEAD.
Affidavit.
LAND OFFICE AT
—, 188–&
I, , of having filed my application, No. —, for an entry under
section No. 2289 Revised Statutes of the United States, do solemnly swear that
that said application, No. —, is made for the purpose of actual settlement and culti-
vation; that said entry is made for my own exclusive benefit, and not directly or in-
directly for the benefit or use of any other person or persons whomsoever; and that
I have not heretofore had the benefit of the homestead laws.
Sworn to and subscribed this — day of , before e
*-
of the Länd office.
NoTE.—If this affidavit be acknowledged before the clerk of the court, as provided
for by sec. 2294 U. S. Revised Statutes, the homestead party must expressly state
herein that he or some member of his family is residing upon the land applied for, and
that bona fide improvement and settlement have been made. He must also state why
he is unable to appear at the land office.
ºf See note, which clerks of the courts and registers and receivers will read and
explain thoroughly to persons making application for lands where the affidavit is made
before either of them. (See directions to land officers on duplicate receipt.)
Timber land, embraced in a homestead or other entry not consummated, may be
cleared in order to cultivate the land and improve the premises, but for no other pur-
p08e.
If, after clearing the land for cultivation, there remains more timber than is re-
quired for improvement, there is no objection to the settler disposing of the same.
But the question whether the land is being cleared of its timber for legitimate purposes
is a question of fact which is liable to be raised at any time. If the timber is cut and
removed for any other purpose it will subject the entry to cancellation, and the person
who cut it will be liable to civil 8wit for recovery of the value of said timber, and also
to criminal prosecution under section 2461 of the Revised Statutes.
HOMESTEAD.
NON-MINERAL AFFIDAVIT.
- (Made by applicant.)
COUNTY OF
?
of , 88:
, being duly sworn according to law, deposes and says that he is the
identical who is an applicant for Government title to the ; that he is well
acquainted with the character of said described land, and with each and every legal
subdivision thereof, having frequently passed over the same; that his knowledge of
said land is such as to enable him to testify understandingly with regard thereto;
that there is not, to his knowledge, within the limits thereof, any vein or lode of
quartz or other rock in place, bearing gold, silver, cinnabar, lead, tin, or copper, or
any deposit of coal; that there is not within the limits of said land, to his knowledge,
any placer, cement, gravel, or other valuable mineral deposit; that no portion of said
land is claimed for mining purposes under the local customs or rules of miners or
otherwise; that no portion of said land is worked for mineral during any part of the
year by any person or persons; that said land is essentially non-mineral land, and
that his application therefor is not made for the purpose of fraudulently obtaining
title to mineral land, but with the object of securing said land for agricultural pur-
poses.
FORMS USED IN HOMESTEAD ENTRIES. 1035
Subscribed and sworn to before me this — day of , A. D. 187—, and I hereby
certify that the foregoing affidavit was read to the said previous to his
name being subscribed thereto; and that deponent is a respectable person to whose
affidavit full faith and credit should be given.
RECEIVER's RECEIPT IN DUPLICATE.
(4–137.)
Receiver's receipt, No. —. Application, No. —.
HOMESTEAD.
(Given to the applicant.)
RECEIVER's OFFICE, —,
-, Loo-.
Received of the sum of dollars — cents; being the amount
of fee and compensation of register and receiver for the entry of , of section —
in township — of range —, under section No. 2290 Revised Statutes of the United
States.
$
NOTE.—It is required of the homestead settler that he shall reside upon and culti-
vate the land embraced in his homestead entry for a period of five years from the time
of filing the affidavit, being also the date of entry. An abandonment of the land for
more than six months works a forfeiture of the claim. Further, within two years
from the expiration of the said five years he must file proof of his actual settlement
and cultivation, failing to do which, his entry will be canceled. If the settler does
not wish to remain five years on his tract, he can, at any time after six months, pay
for it with cash or land warrants, upon making proof of settlement and cultivation
from date of filing affidavit to the time of payment.
[ºf See note in red ink, which registers and receivers will read and explain thor-
oughly to persons making application for lands where the affidavit is made before
either of them.
Timber land embraced in a homestead, or other entry not consummated, may be
cleared in order to cultivate the land and improve the premises, but for no other pur-
p086.
If, after clearing the land for cultivation, there remains more timber than is re-
quired for improvement, there is no objection to the settler disposing of the same.
But the question whether the land is being cleared of its timber for legitimate purposes
# a question of fact which is liable to be raised at any time. If the timber is cut and
removed for any other purpose it will subject the entry to cancellation, and the person
who cut it will be liable to civil suit for recovery of the value of said timber, and also
to briminal prosecution under section 2461 of the Revised Statutes.
, Receiver.
[No. 4—138.]
RECEIVER'S RECEIPT.
(Duplicate for the files.)
Receiver's duplicate receipt No. —. Application No. —.
HOMESTEAD.
RECEIVER's OFFICE, y
Received of the sum of dollars — cents; being the amount
of fee and compensation of register and receiver for the entry of of section —
in township — of range —, under section 2290 Revised Statutes of the United States.
, Receiver.
$—.
NOTE.-It is required of the homestead settler that he shall reside upon and culti-
vate the land embraced in his homestead entry for a period of five years from the time
1036 FORMS USED IN HOMESTEAD ENTRIES.
*
of filing the affidavit, being also the date of entry. . An abandonment of the land for
more than six months works a forfeiture of the claim. Further, within two years
from the expiration of the said five years he must file proof of his actual settlement
and cultivation, failing to do which, his entry will be canceled. . If the settler does
not wish to remain five years on his tract, he can, at any time after six months, pay
for it with cash or land warrants, upon making proof of settlement and cultivation
from date of filing affidavit to the time of payment.
HOMESTEAD.
EXCESS RECEIPT.
[Act of May 20, 1862. Revised Statutes of the United States, section 2357.]
Where there is more than the quantity allowed by law in legal subdivisions. occurs in jrao-
tional sections or lots on north and west of townships.
Excess receiver's receipt, No. —.
RECEIVER's OFFICE, -,
—, 187—.
Received of the sum of dollars — cents, being in full for
acres and — hundredths of , section No. —, in township No. — of range
No. —, being excess in said tract over the area entered under the homestead act, per
application and receipt No. —.
$
- *-
, Receiver.
PROCEEDINGS TO PERFECT TITLE BY MAKING FINAL PROOF–AFTER EXPIRATION OF
LEGAL TIME.
Commutation or cash payment for homestead.
Should the settler desire at the expiration of six months he may pay for his home-
stead with cash, warrants, or scrip upon making proof of settlement and cultivation
from date of filing application and affidavit to the time of payment. He or she will
file the following affidavit:
[No. 4–069.]
To be used in cases of commuted homestead entries. For taking the testimony of claimant and
his witnesses in making commutation proof, use the prescribed forms for “Homestead Proof.” But
all the steps necessary to complete pre-emption entry, as given on page 688, and following, must be
complied with. The entry after this stage becomes virtually a pre-emption entry, still the proof is
the same as in final homestead entry.
COMMUTED HOMESTEAD AFFIDAVIT.
[Section 2301 of the Revised Statutes of the United States.]
y , claiming the right to commute, under section 2301 of the Revised
Statutes of the United States, my homestead entry No. —, made upon the – sec-
tion —, township —, range —, do solemnly swear that I made settlement upon
said land on the ºt- day of —, 18—, and that since such date, to wit, on the –
day of —, 18—, I have built a house on said land, and have continued to reside
therein up to the present time; that I have broken and cultivated — acres of sāid
land, and that no part of said land has been alienated, except as provided in section
2288 of the Revised Statutes, but that I am the sole bona fide owner as an actual settler.
I further swear that I have not heretofore perfected or abandoned an entry made
under the homestead laws of the United States.
LAND OFFICE, sº
, Register.
$ubscribed and sworn to before me this — day of —.
FORMS USED IN HOMESTEAD ENTRIES. 1037
COMPLETING A HOMESTEAD ENTRY UNDER FIVE YEARS’ RESIDENCE.
At the expiration of the five years' settlement, cultivation, and improvement, the
claimant at the district land office signs the following notice, which will be published
by order of the register in a newspaper, to be by him designated as nearest the land,
once a week for six weeks, at applicant's expense, a deposit being first made.
[No. 4–348.]
NOTICE of INTENTION TO MAKE FINAL PRoof.
LAND OFFICE AT
(Date) 188-
I , of —, who made homestead application No. — (or pre-emption
y
declaratory statement No. —), for the , do hereby give notice of my in-
tention to make final proof to establish my claim to the land above described, and
that I expect to prove my residence and cultivation before » at , On
—, 188—, by º of the following witnesses:
O gº
, of g
, of is
, of
(Signature of claimant.}
LAND OFFICE AT y
(Date) , 188–.
Notice of the above application will be published in the , printed at 9
which I hereby designate as the newspaper published nearest the land described in
said application.
, Register.
NOTICE TO CLAIMANT—Give time and place of proving up, and name and title of
the officer before whom proof is to be made; also, give names and post-office addresses
of four neighbors, two of whom must appear as your witnesses.
The officer then issues the following:
[No. 4–347.]
NOTICE FOR PUBLICATION.
LAND OFFICE AT
, iss-
has filed notice of intention to make final
Notice is hereby given that
roof before , at , Oll —, 188—, on homestead application
o. — (or pre-emption declaratory statement No. —), for the o
He names as witnesses , and —— —, of
, Register.
NOTE.-This notice must also be posted in a conspicuous place in the land office
for a period of thirty days prior to date of final proof.
To save expense, when it can be done consistently, the register may embrace two or
more cases in one notice for publication, as follows:
[No. 4—3474.]
CONSOLIDATED NOTICE FOR PUBLICATION.
§ LAND OFFICE AT——,
, 188—.
Notice is hereby given that the following named settlers have filed notice of inten-
tion to make final proof on their respective claims before , at , On
—, 188—, viz:
y 2 , on homestead application No. —, for the º
Witnesses: — — , of , and , O e
, on pre-emption declaratory statement No. ——, for the
Witnesses: , of , and , of o
——, Register.
1038 FORMS USED IN HOMESTEAD ENTRIES.
[No. 29.]
CERTIFICATE AS TO THE POSTING OF NOTICE.
LAND OFFICE AT y
(Date) , 18–.
, —— —, register, do hereby certify that a notice, a printed copy of which is
hereto attached, was by me posted in a conspicuous place in my office for a period of
thirty days, I having first posted said notice on the – day of —, 18–.
, Register.
PROOF OF PUBLICATION OF NOTICE.
Affidavit of publication of the notice (with copies attached), made by the publisher
or the foreman of the paper in which inserted, must be here filed and form part of the
record.
FINAL ENTRY AFTER PUBLICATION.
The applicant after this appears at the district land office for final entry or pro-
ceeds under the act of March 3, 1877, under which he may make affidavit and proof
with two witnesses before a judge or the clerk of a court of record. (See general pro-
ceedure herein, pages 1023 to 1032.)
(4–070.)
HOMESTEAD PROOK'.
Final affidavit required of homestead claimants. The homesteader now surrenders the dupli-
cate receiver's receipt received at the time offiling his application.
[Section 2291 of the Revised Statutes of the United States.]
I, , having made a homestead entry of the section No. —, in
township No. —, of range No. —, subject to entry at , under section No. 2289 of
the Revised Statutes of the United States, do now apply to perfect my claim thereto
by virtue of section No. 2291 of the Revised Statutes of the United States; and for
that purpose do solemnly — that I am a citizen of the United States; that I have
made actual settlement upon and have cultivated said land, having resided thereon
since the day of , 18—, to the present time; that no part of said land has
been alienated, except as hirovided in section 2288 of the Revised Statutes, but that
I am the sole bona fide owner as an actual settler; that I will bear true allegiance to
the Government of the United States; and further, that I have not heretofore per-
fected or abandoned an entry made under the homestead laws of the United States.
I, , of the land office at , do hereby certify that the above affi-
davit was subscribed and sworn to before me this — day of , 188—.
HOMESTEAD PROOF.
Testimony of claimant.
[No. 4–369.]
[This form will be used both in final homestead proof and commutation proof.]
The testimony of claimant and of the two witnesses are now taken on a blank form
of four pages, No. 4–369.
, being called as a witness in — own behalf in support of — home-
stead entry for , testifies as follows: .
Ques. 1. What is your name, written in full, and correctly spelled; your age, and
post-office address f
An
S. o
Ques. 2. Are you a native of the United States, or have you been naturalized? (See
#
note.)
Ans.
FORMS USED IN HOMESTEAD ENTRIES. 1039
Ques. 3. When was your house built on the land, and when did you establish act-
aal residence thereon f (Describe said house and other improvements which you
hº placed on the land, giving total value thereof.)
S. e
Ques. 4. Of whom does your family consist, and have you and your family resided
continuously on the land since first establishing residence thereon ? (If unmarried,
state the fact.)
Ans. tº
Ques. 5. For what period or periods have you been absent from the homestead since
making settlement, and for what purpose; and, if temporarily absent, did your family
rºl: upon and cultivate the land during such absence 3
S. &
Ques. 6. How much of the land have you cultivated, and for how many seasons
have you raised crops thereon 3
Ans. o
Ques. 7. Are there any indications of coal, salines, or minerals of any kind on the
land? (If so. describe what they are, and state whether the land is more valuable for
agricultural than for mineral purposes.)
Ans. tº
Ques. 8. Have you ever made any other homestead entry? (If so, describe the
Same.)
Ans. ©
Ques. 9. Have you sold, conveyed, or mortgaged any portion of the land; and, if so,
to whom, and for what purpose ?
Ans.
I hereby certify that the forgoing testimony was read to the claimant before being
subscribed, and was sworn to before me this — day of , 18—.
y
{ºmsºmº
te
IHOMESTEAD PROOF.
[The testimony of two witnesses, in this form, taken separately, required in each case.]
Testimony of witness.
, being called as a witness in support of the homestead entry of
for —, testifies as follows:
Ques. 1. What is your occupation and where is your residence?
Ans. tº
Ques. 2. Have you been well acquainted with , the claimant in this
case, ever since he made his homestead entry No. —?
Ans. te
Ques. 3. Was claimant qualified to make said entry? (State whether the settler
was a citizen of the United States, over the age of twenty-one years, or the head of a
family, and whether he ever made a former homestead entry.)
Ans. g
Ques. 4. When did claimant settle upon the homestead, and at what date did he
establish actual residence thereon? (Describe the dwelling and other improvements,
giving total value thereof.)
Ans. g
Ques. 5. Have claimant and family resided continuously on the homestead since first
establishing residence thereon ? (If settler is unmarried, state the fact.)
Ans. §
Ques. 6. For what period or periods has the settler been absent from the land since
making settlement, and for what purpose; and if temporarily absent, did claimant's
family reside upon and cultivate the land during such absence?
Ans. &
Ques. 7. How much of the homestead has the settler cultivated, and for how many
seasons did he raise crops thereon?
Ans. & -
Ques. 8. Are there any indications of coal, salines, or minerals of any kind on the
homestead? (If so, describe what they are, and state whether the land is more val-
uable for agricultural than for mineral purposes.)
Ans. e
Ques. 9. Has the claimant mortgaged, sold, or contracted to sell any portion of said
homestead?
Ans.
1040 FORMS USED IN HOMESTEAD ENTRIES.
Ques. 10. Are you interested in this claim, and do you think the settler has acted in
*: good faith in perfecting this entry?
IłS. º
I hereby certify that the witness is a person of respectability; that the foregoing
testimony was read to him before being subscribed, and was sworn to before me this
— day of , 18–
y
NotE.—If naturalized, the claimant must file a certified copy of his certificate of
naturalization. In a commuted homestead a foreign-born claimant must file a certi-
fied copy of his declaration of intention. In making proof the party must surrender
his original duplicate receipt or file affidavit of its loss.
NOTE.-The officer before whom the testimony is taken should call the attention of
the witness to the following section of the Revised Statutes, and state to him that it
is the purpose of the Government, if it be ascertained that he testifies falsely, to prose-
cute him to the full extent of the law. -
TITLE LXX.—CRIMES..—CH. 4.
SEC. 5392. Every person who, having taken an oath before a competent tribunal,
officer, or person, in any case in which a law of the United States authorizes an oath
to be administered, that he will testify, declare, depose, or certify truly, or that any
written testimony, declaration, deposition, or certificate by him subscribed is true,
willfully and contrary to such oath states or subscribes any material matter which he
does not believe to be true, is guilty of perjury, and shall be punished by a fine of not
• more than two thousand dollars, and by imprisonment, at hard labor, not more than
five years, and shall, moreover, thereafter, be incapable of giving testimony in any
court of the United States until such time as the judgment against him is reversed.
LSee sec. 1750.]
RECEIVER'S FINAL RECEIPT.
The receiver now issues a final receipt, in duplicate, one for claimant, one for the
files.
[No. 4–140. J
Receiver's final receipt No. —. Application No. —.
BIOMESTEAD.
RECEIVER'S OFFICE y
(Date) , 18–.
Received from —— , of — county, -, the sum of — dollars and —
cents, being the balance of payment required by law for the entry of the – of sec-
tion —, in township —, of range —, containing — acres, under section 2291
of the Revised Statutes of the United States.
, Receiver.
$—.
REGISTER'S FINAL CERTIFICATE.
The register now issues his final certificate, in duplicate, one for the files, one for
the claimant. On this certificate patent issues.
[No. 4–196.]
Final certificate No. —. Application No. —.
EIOMIESTEAD.
LAND OFFICE AT 7
(Date) , 18—.
It is hereby certified, pursuant to section 2291, Revised Statutes of the United
States, that , of county, —, has made payment in full for — of
section No. —, in township No. —, of range No. —, containing 3,0ICS.
Now, therefore, be it known, that on presentation of this certificate to the Commis-
sioner of the General Land Office, the said - shall be entitled to a patent
for the tract of land above described.
, Register.
The completed case, with all papers, is now transmitted to the General Land Office
at Washington for approval and patent.
FORMS USED IN HOMESTEAD ENTRIES. 1041
PRE-EMPTION FILING CHANGED TO HOMESTEAD ENTRY.
[Under acts of March 3, 1877, and May 27, 1878.]
The claimant in his first homestead affidavit must show the fact of a prior pre-emp-
tion filing. He proceeds in other respects as in homestead entries. Time of his actual
residence on the land under the pre-emption is credited on his homestead time.
[No. 4-071.]
[To be used in making final proof in cases where pre-emption filings have been changed to homestead
entries.
PRE-EMPTION HOMESTEAD AFFIDAVIT.
I , having changed my pre-emption declaratory statement No. —
filed the – day —, 18—, alleging settlement the – day of —, 18—, for thé
— section No. —, in township No. —, of range No. —, to homestead entry origi-
nal No. —, district of lands subject to entry at —, under the acts of Congress ap-
proved March 3, 1877, and May 27, 1878, do solemnly swear that I have never had the
benefit of any right of pre-emption under section 2259 of the Revised Statutes of the
United States; that I have not heretofore filed a pre-emption declaratory statement
for another tract of land; that I was not the owner of three hundred and twenty
acres of land in any State or Territory of the United States at any time during the
above-mentioned period of settlement under the pre-emption statutes; that I did not
remove from my own land within the State of — to make the settlement above re-
ferred to; nor have I settled upon and improved said land to sell the same on specu-
lation, but in good faith to appropriate it to my exclusive use or benefit; and that I
did not, during the period of pre-emption settlement above-mentioned, directly or
indirectly, make any agreement or contract, in any way or manner, with any person
or persons whatsoever, by which the title which I might acquire from the Govern-
ment of the United States would inure, in whole or in part, to the benefit of any per-
son except myself. &
I, - , of the land office —, do hereby certify that the above affidavit
was subscribed and sworn to before me this — day —, 1
ADJOINING. HOMESTEADS.
Where an applicant owns a farm containing less than 160 acres, he may enter public lands
8wficient to make his holding equal to 160 acres, taking it, of course, in legal 8wbdivision3.
No proof of residence on the tract to be purchased is requisite, otherwise the entry proceeds as
in a homestead entry.
[No. 4–066.]
ADJOINING FARM HOMESTEAD,
[See page —.]
Affidavit,
LAND OFFCE AT 3.
- (Date) , 18–.
I, of —, having filed my application No.—, for an entry under
the provisions of the act of Congress approved May 20, 1862, entitled “An act to se-
cure homesteads to actual settlers on the public domain,” do solemnly swear that
[here state whether the applicant is the head of a family, or over twenty-one
years of age; whether a citizen of the United States, or has filed his declaration of intention
of becoming such; or, if under twenty-one years of age, that he has served not less than four-
teen days in the Army or Navy of the United States during actual war]; that said entry is
made for my own exclusive benefit, and not directly or indirectly for the benefit or
use of any other person or persons whomsoever; neither have I heretofore perfected
or abandoned an entry made under this act ; that the land embraced in said applica-
tion No. — is intended for an adjoining farm homestead; that I now own and reside
upon an original farm containing — acres, and no more ; that the same comprises
the – of section —, township , range —, and is contiguous to the tract this
day applied for.
Sworn to and subscribed this — day of —, before ©
of the Land Office.
66 L O—WOL III &
1042 FORMS USED IN HOMESTEAD ENTRIES.
[No. 4–067.]
FINAL AFFIDAVIT REQUIRED OF ADJOINING FARM HOMESTEAD CLAIMANTS.
[Section 2291, Revised Statutes.]
I, , having made a homestead entry of the – section No. —, in
township No. —, of range No. —, subject to entry at —, for the use of an ad-
joining farm owned and occupied by me on the – of section No. —, in township
No. —, of range No.—, under section 2289 of the Revised Statutes, do now apply
to perfect my claim thereto by virtue of section 2291 of the same, and for that pur-
pose do solemnly — that I am a citizen of the United States; that I have continued
to own and occupy the land constituting my original farm, having resided thereon
since the – day of —, 18—, to the present time, and have made use of the said
entered tract as a part of my homestead, and have improved the same in the follow-
ing manner, viz: —. That no part of said land has been alienated, but that I am
the sole bona fide owner as an actual settler; that I will bear true allegiance to the
Government of the United States; and, further, that I have not heretofore perfected
or abandoned an entry under the homestead laws.
I, - of the land office at —, do hereby certify that the above affidavit
was taken and subscribed before me this — day of —, 18–.
ADDITIONAL HOMESTEADS.
The act of March 3, 1879, provides for an additional allowance of 80 acres adjoining
original 80-acre location of a homestead within the limits of any railroad or military
road land grant. For procedure, see page 1029, herein.
[No. 4–018.]
ADDITIONAL HOMESTEAD,
[Act of March 3, 1879.]
Application No. —.
LAND OFFICE AT
(Date) , is—
I, , of , do hereby apply to enter, under the act of March 3, 1879,
the – of section —, in township —, of range , containing — acres, as ad-
ditional to my entry No. —, for the – of —, section —, in township —, of
LAND OFFICE AT y
(Date) , 18–.
I , register of the land office, do hereby certify that the above appli-
cation is for surveyed lands of the class which the applicant is legally entitled to
enter under the act of March 3, 1879, and that there is no prior valid adverse right
to the same.
, Register.
[No. 4–086.]
ADDITIONAL HOMESTEAD.
[Act of March 3, 1879.]
Affidavit. -
LAND OFFICE AT y
(Date) , 18–.
I, , of —, having filed my application No. ——, for an entry under the
act of March 3, 1879, do solemnly swear that [here state whether the applicant is the head
of a family, or over twenty-one years of age; whether a citizen of the United States, or has
filed his declaration of intention of becoming such; or, if under twenty-one years of age,
©
FORMS USED IN HOMESTEAD ENTRIES. 1043
that he has 8erved not less than fourteen days in the Army or Navy of the United States
during actual war]; that said application No. — is made for my exclusive benefit;
and that said entry is made for the purpose of actual settlement and cultivation, and
not, directly or indirectly, for the use or benefit of any other person or persons whom-
soever, and that I have not heretofore had the benefit of said act. .
Sworn to and subscribed this — day of —, before
Register [or Receiver].
SOLDIERS’ AND SAILORS' HOMESTEADS.
[Under act of June 8, 1872.]
For procedure in full, see pages 1030, 1031, herein.
Application.
Where the applicant appears in person he files the following soldier's declaratory
statement; when filed it is in effect a preference right to a tract of public land, 160
acres, for six months; at the end of six months the party comes forward and makes
entry in due form, as hereinafter shown.
FoRM A. *
[Circular of December 15, 1882.]
SOLDIER'S DECLARATORY STATEMENT.
I, , of county and State or Territory of , do solemnly
swear that I served for a period of in the Army of the United States during the
war of the rebellion, and was honorably discharged therefrom, as shown by a state-
ment of such service here with, and that I have remained loyal to the Government;
that I have never made homestead entry or filed a declaratory statement under sections
2290 and 2304 of the Revised Statutes; that I have located as a homestead under said
statute the [describe land], and hereby give notice of my intention to claim and enter
said tract; that this location is made for my exclusive use and benefit, for the purpose
of my actual settlement and cultivation, and not either directly or indirectly for the
use or benefit of any other person. My present post-office address is [give P. O.]
Sworn and subscribed before me this day of , 188–.
[SEAL.]
NOTE.-This form may be used where the soldier files his own declaratory statement.
FORM B.
When he files his application by an attorney the following is used:
SOLDIER'S DECLARATORY STATEMENT.
I, , of County and State or Territory of , do solemnly
swear that I served for a period of in the Army of the United States during
the war of the rebellion, and was honorably discharged therefrom, as shown by a state-
ment of such service herewith, and that I have remained loyal to the Government;
that I have never made homestead entry or filed a declaratory statement under sections
2290, 2304, or 2309 of the Revised Statutes; that I have appointed, by power of attor-
ney, duly executed on the day of (or I do hereby appoint) , of
County and State of , my true and lawful agent, under section 2309
aforesaid, to select for me and in my name, and filemy declaratory statement for a home-
stead right under the aforesaid sections; and I hereby give notice of my intention to
claim and enter said tract under said statute; that the location herein authorized is
made for my exclusive use and benefit, for the purpose of my actual settlement and
cultivation, and not either directly or indirectly for the use or benefit of any other
person; that my said attorney has no interest, present or prospective, in the premises,
104.4 FORMS USED IN EIOMESTEAD ENTRIES.
and that I have made no arrangement or agreement with him or any other person for
any sale or attempted sale or relinquishment of my claim in any manner or for any
consideration whatever, and that I have not signed this declaration in blank.
Sworn and subscribed before me this day of ; 188—, and I certify that
* ºrs declaration was fully filled out before being subscribed or attested.
$EAL.
By virtue of the foregoing, and of a certain power of attorney therein named, duly
executed on the day of , and filed here with, I hereby select the &S
the homestead claim of , the aforesaid, and do Solemnly swear that the same is
filed in good faith for the purposes therein specified, and that I have no interest or
authority in the matter, present or prospective, beyond the filing of the same as the
true and lawful agent of the said , as provided by section 2309 of the Revised
Statutes of the United States. *
Agent.
day of , 188–.
Sworn and subscribed before me this
[SEAL.] *
NOTE.-This form may be used where the declaratory statement is filed by an agent
under section 2309, Revised Statutes.
NON-MINERAL AFFIDAVIT.
The claimant now files a non-mineral affidavit. (See page 1034 for form.)
*
APPLICATION.
The claimant here files his application.
Must be filed at end of 8ia, months under declaratory statement entry or is used in direct
entry by claimant (86e pages ), as in other homestead entries.
[Soldiers' and sailors' homesteads under act June 8, 1872.]
HOMESTEAD APPLICATION.
Application No. —.
LAND OFFICE AT
!
, —, 187—.
I, , of , do hereby apply to enter, under the provisions of sec-
tion 2304, Revised Statutes United States, the of section —, in township —,
of range —, containing acres, and for which I filed my declaration on the
— day of , 187—, through , my duly-appointed agent.
LAND OFFICE AT y
, -, 187—.
I, , register of the land office, do hereby certify that filed
the above application at this office on the – day of , 187—, and that he has
taken the oath and paid the fees and commissions prescribed by law.
Register.
AFFIDAVIT OF CLAIMANT.
Claimant files the following:
[No. 4–065.]
[Soldiers' and sailors' homesteads under act June 8, 1872.]
Affidavit.
No. —.] LAND OFFICE AT I
& , —, 187—. .
, of , do solemnly swear that I am a of the age of twenty-
one years and a citizen of the United States; that I served for ninety days in Com-
pany —, Regiment United States Volunteers; that I was mustered into the
FORMS USED IN HOMESTEAD ENTRIES. 1045
United States military service the – day of , 18—, and was honorably dis-
charged therefrom on the – day of , 18–; that I have since borne true alle-
giance to the Government; and that I have made my application No. — to enter a
tract of land under the provisions of section 2304 of the Revised Statutes of the
United States, giving homesteads to honorably discharged soldiers and sailors, their
widows and orphan children; that I have made said application in good faith; and
that I take said homestead for the purpose of actual settlement and cultivation, and
for my own exclusive use and benefit, and for the use and benefit of no other person
or persons whomsoever; and that I have not heretofore acquired a title to a tract of
land under this or the original homestead law, approved May 20, 1862, or the amend-
ments thereto, or voluntarily relinquished, or abandoned, an entry heretofore made
under said acts: So help me God.
&
Sworn and subscribed to before me, 2 register of the land office at }
this — day of , 187—.
Register.
RECEIVER'S RECEIPT AND EXCESS RECEIPT.
The receiver then issues the regular homestead receipt on page 1035, and excess re-
ceipt, if any there be, noting the character of the entry on their face.
FINAL ENTRY OF SOLDIERS’ AND SAILORS' HOMESTEAD.
The procedure is the same as in homesteads, except as to time of settlement. The
time of service of the party in the Army or Navy is deducted from the five years re-
quired, but the law requires an actual residence and cultivation of at least one year
after improvements are commenced.
SOLDIERS’ AND SAILORS’ ADDITIONAL HOMESTEAD ENTRIES.
For procedure, see page 1030.
Where a soldier or sailor, or other person entitled, who prior to June 22, 1874, made
a homestead entry containing less than 160 acres, under section 2306, Revised Statutes,
such person may enter public land sufficient to make, with the prior entry, 160 acres.
The application must be presented at the district land office by applicant in person.
[No. 4–008.]
SOLDIERS’ ADDITIONAL HOMESTEAD ENTRY.
[Under section 2306 of the Revised Statutes of the United States.]
APPLICATION.
No. -,
Must be sworn and subscribed to before the register or receiver, or in their presence.
LAND OFFICE AT
(Date)
I, , of county, State of —, being entitled to the benefits of
section 2306 of the Revised Statutes of the United States, granting additional lands
to soldiers and sailors who served in the war of the rebellion, do hereby apply to
, is—
enter the – of section —, of township —, of range —, containing — acres,
as additional to my original homestead on the – of section —, of township —,
of range —, containing — acres, which I entered —, 18—, per homestead No.
LAND OFFICE AT 2
(Date) , 18—.
I, , register of the land office at —, do hereby certify that
filed the above application before me for the tract of land therein described,
and that he has paid the fee and commissions prescribed by law. Reg
, Register.
1046 FORMS USED IN HOMESTEAD ENTRIES.
RECEIVER'S RECEIPT.
[See forms (4–137 and No. 4–138) page 1035.]
The receiver here issues, in duplicate, his receipts for fees and commissions paid, *
the same as in original homestead entry, marking the character of the entry on the
face of the papers.
SPECIAL AFFIDAVIT REQUIRED OF CLAIMANT.
See page 1021 for necessary showing to be made in a special affidavit in each case, to
be made in the presence of the register or receiver.
RECEIVER'S FINAL RECEIPT.
The receiver here issues in duplicate a final receipt. See form [No. 4-140], page
1040, herein.
REGISTER'S CERTIFICATE.
I88wed in duplicate.
[No. 4–197.]
SOLDIERS’ ADDITIONAL HOMESTEAD ENTRY.
|Under section 2306 of the Revised Statutes of the United States.]
Final certificate No. —. Application No. —.
LAND OFFICE AT ;
(Date) , 18–.
It is hereby certified that, pursuant to the provisions of section 2306 of the Revised
Statutes of the United States, has paid the fee and commissions, and
made entry of the -— of Section—, of township —, of range —, containing —
acres, which, added to the quantity embraced in his original homestead No. —, on
which he made his final proof, as per certificate No. ——, does not exceed 160 acres.
Now, therefore, be it known that, on presentation of this certificate to the Commis-
sioner of the General Land Office, the said shall be entitled to a patent
for the tract of land above described.
, Register.
INDIAN BIOMESTEADS.
[See page 1032.]
Cannot be commuted by cash payments for land as in other homesteads.
The procedure in this class of entries is the same, from inception until issue of cer-
tificate of patent, as in Homestead Entries, page —, with the addition of the two fol-
lowing forms, which are filed at the time of making application:
[No. 4-079.
INDIAN HOMESTEAD,
[Under act of March 3, 1875.]
Affidavit.
I of —, having filed my application No. — for an entry under
the provisions of the act ºf Congress of March 3, 1875, do solemnly swear that I am
an Indian, formerly of the – tribe; that I was born in the United States; that I
TIMBER AND STONE ACT. 1047
have abandoned my relations with that tribe and adopted the habits and pursuits of
civilized life [here state whether the applicant is twenty-one years of age, or the head of a
family]; that I desire said land for the purpose of actual settlement and cultivation,
and not, directly or indirectly, for the use or benefit of any other person or persons
whomsoever; and that I have not heretofore had the benefit of said act.
Sworn and subscribed before me this — day of —, 18–.
Register [or Receiver].
INDIAN HOMESTEAD.
[Under act March 3, 1875.]
Corroborative affidavit,
and do solemnly swear that we are well acquainted with
, and know that he is an Indian, formerly of the – tribe; that he was
born in the United States; that he has abandoned his relations with that tribe, and
adopted the habits and pursuits of civilized life [here state that he is twenty-one years of
age, or, if not, that he is the head of a family]. g
Sworn to and subscribed before me this —— day of —, 18–.
In all cases the papers, when entry is completed, are transmitted to the General
Land Office at Washington, D.C., for approval and patent.
TIMBER AND STONE ACT.
[See Chapter XXVIII, pages 357 to 359, and 1285.]
The law for sale of timber applies only to public lands in California, Oregon, Nevada, and
Washington Territory.
To JUNE 30, 1882.
From June 3, 1878, the date of the act, to June 30, 1882, 159,008,041 acres of timber
and stone land have been sold.
PREVENTION OF DEPREDATIONS ON THE PUBLIC TIMBER,
The reports of the Commissioner of the General Land Office for the years 1881 and
1882 contain much important information as to the operation of this law and as to
“depredations on the timber on the public domain.” In his report for 1881 he says:
At the beginning of the past fiscal year [July 1, 1880], there were engaged in the
work of suppressing depredations upon the public timber lands fifteen special timber
agents, distributed in the various public-land States and Territories. At the close of
said year there were in the employ of this office seventeen agents, of whom three
were assigned to duty in Alabama, Florida, Louisiana, and Mississippi, one in Arkan-
sas, one in California, one in Dakota, two in Michigan, two in Minnesota, one in
Missouri, three in New Mexico and Arizona, one in Oregon and Washington Territory,
one in Wisconsin, one in Wyoming, Utah, and Colorado. In Idaho, Montana, and
Nevada the local land officers give some attention to the suppressing of timber depre-
dations within their respective land districts.
1048 TIMBER LANDS—DEPREDATIONS.
Here follows a detailed statement of the operations of the agents in the several land
districts for the year 1881. The results of the year's work are shown by the following:
RECAPITULATION FOR 1881.

Valuation on
Number. ground.
T.I., cases reported during fiscal year involving material, timber, 322 |--------------
unlawfully cut and removed from the public lands, as follows:
Logs.------------. : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 21,536 $8,614 00
Sticks of square timber.---------------------------- - - - - - - - - - - - - - - - - - - - - - - 2,485 24,850 00
Telegraph poles ---------------------------------------------------------- 14,0809. 3, 520 00
Posts --------------------------------------------------------------------- 17,770 1,777 00
Trees--------------------------------------------------------------------- 6,719 2,687 00
Cords of wood ------------------------------------------------------------ 128,394 64, 197 00
Railroad ties.----------------- * * * * * * * * * * * * * * * * * * * * * * * s is sº m as as as x = as sº as ºn e º sº tº º ºs e is 142,058 4, 261 00
Hop-poles ---------------------------------------------------------------. 40,000 490 00
Cords of bark ------------------------------------------------------------ 100 500 00
Lumber manufactured—board measure—feet...... -----...--------...--.. 79,936,637 79, 935 00
Land on which trees were boxed for turpentine, acres, damages ......... 22,845 17, 186 00
Logs reported seized and held by United States ----------................ 10, 500 4, 200 00
Telegraph poles reported seized and held by United States. ------...-----. 1,900 475 00
Sticks of timber, square, reported seized and held by United States.----. 1,287 12,870 00
Total value of timber cut, removed, or damaged.-------------------|-------------. 225,472 00
Propositions received for settlement in trespass cases during fiscal year. 87 --------------
Involving stumpage amounting to------------------------------ * = as tº a sº tº me tº tº gº tº E tº gº tº g g g g g tº gº º 27, 946 00
Involving purchase of 27,848.32 acres land, amounting, at $1.25 per acre, to-|----...--..... 34,810 00
Total valuation included in propositions.---------------------------|----- ſº tº º sº tº * * * * 62,756 00
Amount paid into the United States Treasury on account of timber depredations during the
past fiscal year, through the United States courts, on judgments and compromises.--...- $31, 584 69
Amoint paid in to the receivers of public money on account of settlement of trespass cases,
authorized by the Secretary of the Interior, where no suit was pending, including stump.
age, amount received on land entered under act of June 15, 1880, and costs............... 10,095 28
Total paid in-------------------- * * * * * * * * * * * * * * * * * * - = = * = * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * = 41,679 97
Amount appropriated by Congress under act of June 16, 1880, “to meet expenses of protect-
ing timber on public lands” -------------------------------------------------------------- 40,000 00
Balance in favor of the Government over appropriation .............................. 1,679 97
The Commissioner says:
The foregoing table, while showing amount paid in on account of fines and penal-
ties for timber depredations for the fiscal year to be in excess of the appropriation
made for the protection of the timber lands, does not present the actual excess. As
above stated, there have been eighty-seven propositions for compromise accepted to the
amount of $62,756, and authority given to settle. But the receivers of public money
owing to the late date at which they received this authority, have settled and reported
only a few of the cases, amounting, as shown, to $10,095.28, leaving as a balance still
due on compromise trespass cases for the year the sum of $52,661, which sum is prop-
erly a credit, and should be added to balance shown in table above, making the actual
amount in favor of Government over amount appropriated, $54,340.97.
TIMBER DEPREDATIONS FOR 1882.
The General Land Office furnishes the following result of operations of its timber
agents for the year ending June 30, 1882:
Recapitulation for 1882.
Number of cases investigated and reported during fiscal year ending June 30,
1882. ----- © tº dº tº * * * * * * * * * * * * * * * * * * * * * * is me s is e s sº º me sº e s m e º e s = e = * * * * * * * * * * * * me sº e º ºs e º a 817
Number of criminal suits instituted.---------------------------- tº dº tº E tº tº º ºs º ºs tº 137
Number of civil suits instituted.------------------------------------------- 152
Number of propositions of settlement received and acted upon-...----...----. 110
Number of cases now awaiting further investigation and final action.-------- 418
Total -------------------------- tº º is me me tº e s as ºn s is s as ºn tº ºn gº º ºn tº & º º sº e º gº º ------------ 817
TIMBER LANDS—DEPREDATIONS. 1049
Statement showing value involved in civil suits instituted, amount accepted on propositions of
settlement, and amount involved in cases now under investigation, which presents in brief
the amount and value of work performed by the special timber agents of this office during
the fiscal year.
Estimated value on ground (stumpage) of timber, lumber, &c., involved
in civil suits ------------------------------------------------------ $160,583 86
Value of timber, lumber, &c., involved in accepted propositions of set-
tlement ----------------------------------------------------------- 51,668 84
Estimated value on ground (stumpage) of timber, lumber, &c., involved ſ
in cases reported and now under further investigation.------------- 298,816 78
Total.-------------------------------------------------------- 511,069 48
Statement showing amount involved and accepted on account of propositions of 8ettlement of
trespass cases, in which no suits have been instituted; also, presenting amount of money
paid in through receivers of public moneys, and amount 8till due on accepted propositions of
settlement.
Total amount involved in accepted propositions of settlement -------- $51,668 84
Total amount paid in to receivers of public moneys ------------------ 14,511 67
Balance due----------------------------------------------- * º ºs º ºs 37, 157 17
Statement showing amount involved in civil suits instituted, and amounts collected on 8ame
through the courts. -
Total amount involved in civil suits instituted ----------------------. $160,583 86
Total amount collected and paid into court on account of suits in tres-
D88S CàS6S-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 24,071 60
Balance to be collected .--------------------------------------- 136,512 26
Statement showing amount and kind of timber, lumber, and other material involved in the 817
cases investigated and reported to this office during the fiscal year; also, showing the 8tump-
age and market values of the 8ame.
Number of feet of timber -------------------------------------------- 222,734,583
Number of railroad ties---------------------------------------------- 2, 434, 525
Number of trees----------------------------------------------------- 9,685
Number of logs.------------------------------------------------------ 176,799
Number of poles.---------------------------------------------------- 12,475
Number of sticks of square timber ----------------------------------- 1,926
Number of cords of bark--------------------------------------------- 650
Number of posts ---------------------------------------------------- 11,050
Number of hop poles ------------------------------------------------ 20,000
Number of shingles.------------------------------------------------- 575,000
Number of cords of wood ............ m s is º ºs º ºs º gº tº is tº as dº e º me º 'º º ſº tº gº tº gº ºne ºn tº º º sº gº 79, 139
Number of sugar pine shakes----------------------------------------- 1, 100,000
Number of pickets--------------------------------------------------- 65,
Number of acres of land trespassed upon (amount of timber not given). . . 60,960
The estimated market value of material described in above statement - $2,044, 277 92
Estimated stumpage Value of same -------------------------------- 511,069 48
Statement showing total amount paid through the courts in civil cases on account of judgments
rendered in trespass cases, amount received on account of propositions of 8ettlement sub-
mitted and accepted, and amount paid in to receivers of public money8 on account of lands
entered under the act of June 15, 1880; also, showing amount still due on account of propo-
8itions of 8ettlement accepted during the fiscal year. -
Amount paid through the courts in civil cases.----...----...---------. $24,071 60
Amount paid in to receivers of public moneys on account of settlements
made, no suits pending -------------------------------------------- 14, 511 67
Amount paid in to receivers of public moneys on account of lands en-
tered under act of June 15, 1880 - - - - - - - - - - - - - sº e º º ºs 1,625 00
Amount still due on account of propositions of settlement submitted
and accepted during the year-------------------------------------- 37, 157 17
Total --------------------------------------------------------- 77,365 44
1050 TIMEER LANDS—DEPREDATIONS.
Statement showing amount of appropriation made for the fiscal year ending
June 30, 1882, for the suppression of timber depredations.
Amount appropriated for fiscal year 1882----------------------------- $40,000 00
Balance in favor of Government------------------------------- 37, 365 44
The Commissioner says:
The foregoing tables present as nearly as possible the results attained by this office
in its efforts to suppress depredations upon the public timber lands, showing amount
and value of the material destroyed, and the amount collected on account of such tres-
passes. -
I am, however, unable to give amount collected through the courts on account of
fines and penalties in criminal cases, as the same are not returned to the Department
of Justice under the head of “timber depredations,” but are included in the general
report of moneys collected as “fines and penalties.”
TIMBER DEPREDATIONS-REMEDY FOR.
Mr. Commissioner McFarland states the necessity for protection of the public
timber so forcibly, and makes such practical recommendations for the future in his
reports for 1881 and 1882, that they are here given in detail.
RESULT OF THE AGENTS’ WORK.
To properly extend the protection necessary in guarding the valuable timber lands
of the United States from future devastation and wanton destruction would require
more than double the number of agents now in the field. That the present force has
been very effective, a careful investigation of the work performed by them during the
past year will, I believe, be most convincing.
The results attained are satisfactory, both in a financial sense and in the salutary
effect which the detection and punishment of well-known offenders has had upon the
communities in which they reside, by warning others that the public property must
be respected, and that its removal for private gain is a crime, and will be treated as
such.
It has had the further effect of convincing persons engaged in legitimate and honest
business enterprise that they would be protected against vicious and unlawful com-
petition from those whose material heretofore has been unlawfully obtained.
CHANGE OF SENTIMENT AS TO DEPREDATIONS.
The special agents report that, in many localities which have heretofore been hostile
to them in the performance of their duties, there at present seems to be a general feel-
ing in favor of the suppression of further depredations; that it is now much easier to
obtain information regarding trespassers and their unlawful acts than formerly, when
the community seemed leagued together for mutual protection against the officers of
the Government. They also report that the change is not brought about so much by
fear of the law as by the fact that the genuine and bona-fide settlers and residents
recognize the vast injury done their respective sections in the denuding the country
of its valuable timber, and that the benefit derived from many of the present lumber-
ing operations is but temporary and trifling in comparison with the future advant-
ages that must accrue to them by a judicious system of protection to the timber lands,
which, in many sections of the country, constitute the only natural wealth.
I may be permitted in this connection to express the opinion that much credit is
due to the special agents, as a body, for the manner in which they have performed
their duties, and that, while fully caring for the interests of the Government, they
have avoided everything that could be construed as having the semblance of perse-
cution.
EXTENT AND LOCATION OF DEPREDATIONS.
It will be seen by the foregoing report presented of depredations in each public-
land State and Territory that, while a general system of depredating upon the public
lands has been carried on throughout the country, the most extensive trespassing has
been committed in the States of Florida, Alabama, Mississippi, Louisiana, Michigan,
Wisconsin, and Colorado, and the Territories of New Mexico, Dakota, and Washing-
ton. -
The Gulf States, with their vast forests of live-oak and pine, their convenient and
accessible harbors for shipment, the numerous streams, lakes, and lagoons that offer
so cheap and convenient a means of transportation to a market or mill, have for years
TIMBER LANDS–DEPREDATIONS. 1051
been infested with a class of non-residents who have plundered the public lands in
these States to an extent generally unknown. For years there have been shipped to
various parts of the world immense quantities of the finest and most valuable ship
timber. So extensive and bold have these depredations become that the naval reserve
lands, though guarded by resident agents, were invaded and timber cut and carried
3, Wa, V.
In addition to the mill-owner, timber contractor, and speculator, there is another
class of depredators whose operations are even more extensive and destructive; they
are the turpentine distillers. To obtain the crude material to supply their works, it
is no uncommon thing for one of these operators to have the trees boxed on from one
thousand to ten thousand acres. When it is known that the trees will only endure
boxing for about five consecutive years before dying, it will be seen that a trespass of
this character is most destructive. -
The yet large areas of public lands in Michigan and Wisconsin have also been the
field of perhaps the most extensive trespassing in the country. While many of the
large lumber companies have manufactured a portion of their products from timber
growing on purchased lands, it is a well-established fact that millions of feet of lum-
ber, thousands of railroad ties, telegraph poles, cords of wood and bark have been
taken from the public lands. In many places the land has been stripped of both trees
and undergrowth. These States have furnished much of the building material that
has supplied for years the great demand from the growing Western States. New
Mexico and Colorado have but recently become the field of the timber depredators.
DEPREDATIONS BY RAILROADS.
&
Attention is also called to the fact that large quantities of timber, especially in
New Mexico, are being cut from the public lands of the United States, and from un-
confirmed private grants, for delivery under contract to railroads now being con-
structed in the Republic of Mexico; notably the Mexican Central. This company
openly advertises in the press of New Mexico for railroad ties and telegraph poles to
be delivered to its agents at El Paso, Mexico. It is also a well-known fact that much
of this material is delivered on the line of the Atchison, Topeka and Santa Fé Rail-
road, to be transported by it to the said point of delivery, all of which is contrary to
law.
INDIVIDUAL DEPREDATORS.
There is still another class of depredators who, under shadow of title, strip the tim-
ber from a certain section of country or tract of land by making what they claim to
be a desert-land entry. They make the first payment as required by law; sink a well
or two, in the mean time cutting and removing what timber or wood, there is, and
then they abandon the entry. Another great source of loss and destruction of timber,
especially in Colorado, is the extensive fires that break out in the mountain ranges,
sweeping away vast quantities of growing timber. While, perhaps, these cannot be
entirely prevented, they might be measurably reduced, if, when the fire was wantonly
set, the offender could be punished. The timber act of June 3, 1878, applying to Col-
orado, &c., makes no provision for this offense, and in the absence of any legal penalty
therefor the offender, if detected, cannot be reached.
FLUME MEN AND MILL-OWNERS,
Washington and Dakota Territories are also the field of extensive depredations.
Those committed in the first-named Territory have been mostly committed by mill-
owners and flume companies. In and around Puget Sound, which is famous for its
magnificent timber, large saw-mills have been erected for the manufacture of lumber,
most of which is shipped out of the country for a market. The owners and managers
of most of these mills reside in San Francisco, and have been engaged in the lumber
business for many years. The greater proportion of all the lumber cut for these mills
ºne from the public lands, and many of these depredations amount to millions
of feet.
The flumes are generally for the driving of logs and lumber, which in most instances
have been taken from the public lands. Mills are also being erected at many points
where the owners can depend upon the public timber for their supply of logs.
NECESSITY FOR NEW TIMBER LAWS.
In his report for 1882, the hononorable commissioner continues:
While much has been accomplished in the direction of suppressing the unlawful
cutting and removing of timber from the public lands, I am of the opinion that better
results can be obtained in the future; particularly so if some general and comprehen-
sive law could be passed clearly defining who may take timber from the public lands,
1052
SPECIAL TIMBER AGENTS.
the purposes for which it may be cut and removed, and prescribing the punishment
for unlawfully cutting, removing, or in any way wantonly destroying or injuring any
timber growing or being upon any of the public lands, or in any way causing or in-
Such law should also establish the terms and conditions upon
citing such trespass.
whic
any compromise or settlement should be authorized. A law of this nature
would be more generally, understood and comprehended than the several different
enactments relating to this subject now in force, and could be more easily and evenly
administered.”
THE RESULT OF THE TIMBER AND STONE ACT TO JUNE 30, 1882.
[See page 1288.]
Sales of timber and stone lands under act of June 3, 1878, from the date of act to June 30,
188:


State or Territory. 1879. 1880. 1881, 1882. Aggregate.
Acres. Acres. Acres. Acres. Acres.
California ------------ tº º ºs e º ºs e ºs º ºs e g º ºs º º is sº º 486. 49 10,402.79 20,839.97 || 39,891. 57 71,620.82
Oregon ---------------------------------- 277.02 2,568. 52 5,544. 55 3,811. 51 | 12, 201. 60
Nevada --------------------------------------------- 2, 249.46 168. 10 ! ------------ 2,417. 56
Washington.----------------------------|------------ | 4,798.49 16,436.00 || 51,533.94 72,768.43
| 763. 51 20,019.26 42,988.62 95,237.02 | 159,008.41
|UNITED STATES SPECIAL TIMBER AGENTS.
Special agents of the General Land Office for prevention of timber depredations on the public
lands, September 13, 1833.
[Thirty-eight in number, appointed by the Secretary of the Interior.]


Present legal
ſº & gº tº residence.
Special agents for timber Whence Date of original | Date of present Compen-
depredations. appointed. appointment. appointment. Con sation.
State. ºng.
Dist.
tºſohn M. Dunn .......... Del -------. July 29, 1880 April 5, 1883 Del ----------. $1,800
# Thomas F. Shoemaker ..] N. Y....... May 4, 1882 May 4, 1882 | N. Y.. 29th - - }
John Truan. ------------. Colo ------- Sept. 23, 1882 Sept. 23, 1882 Colo --|-------. 1, 400
William F. Prosser ...... Tenn ------ March 20, 1879 Dec. 1, 1882 | Tenn - 6th ... 1, 400
Thomas Harlan. --------. Iowa ------ May 10, 1881 ; Dec. 1, 1882 | Iowa - || 1st. -- 1,400
Lemuel Shields ....... --. Mo -------- May 13, 1881 | Dec. 1, 1882 Mo - - - 1st. -- 1, 400
Milton Peden ------------ Ind-------- May 16, 1882 Dec. 1, 1882 Ind---| 6th - - - 1,400
William Roy.------------ La --------. June 10, 1882 | Dec. 1, 1882 La- - - - 2d ... 1,400
William M. Clark. . . . . . . . Colo ------- Dec. 13, 1882 April 18, 1883 Colo - - - - - ..... 1, 400
Isaac N. Wilcoxen ....... N. Y. ------- May 9, 1883 May 9, 1883 N. Y. . . . . . . . . . . 1, 400
John H. Welch - - - - - - - - - - Mich ...... April 18, 1879 || May 21, 1883 || Mich 5th --- 1,400
Edward W. Wynkoop ... Pa. -------. March 23, 1882 | May 21, 1883 || Pa. --. 14th -- 1, 400
Luther S. Howlett....... Ky ----- -. May 21, 1883 || May 21, 1883 Ky ...| 5th - 1, 400
W. Scott Smith ....... --. N. Y. ------ Aug. 1, 1883 Aug. 1, 1883 : N. Y.----..... 1, 400
Charles S. Martin........ Rans ------ Aug. 10, 1883 Aug. 10, 1883 Kans - 3d --- 1, 400
Don A. Dodge------------ Mich ------ Dec. 15, 1880 Jan. 24, 1882 Mich. . 5th ... 1, 200
James Tullis ----...----- Ind-------. Sept. 15, 1882 | Sept. 15, 1882 Ind -- 9th 1, 200
Prosper A. Smith ........ Nebr ...... Sept. 16, 1882 | Sept. 16, 1882 Nebr. 1st... 1, 200
Charles T. Menzel........ Colo ------- Sept. 25, 1882 Sept. 25, 1882 Colo --|---...--. 1, 200
Darwin J. Chadwick..... Colo. ------ Oct. 4, 1882 Oct. 4, 1882 | Colo -----...-. 1, 200
William H. Green........ Colo. --...--. Dec. 16, 1882 Dec. 16, 1882 | Colo - - - - -...--. 1, 200
Bernando D. Wood ...... Ala-------. Aug. 10, 1882 Jan. 29, 1883 Ala - - - 8th - - - 1, 200
Eli A. Warren ........... Tenn ------ Fel). 1, 1883 | Feb. 1, 1883 Tenn - 1st. 1, 200
James B. Thomas........ Ariz ------- March 10, 1883 || March 10, 1883 || Ariz. . . . . . . . . . 1, 200
Thomas Burnside........ Pa. --------- March 16, 1883 || March 16, 1883 || Pa. ---| 20th .. 1, 200
Edward Outhwaite ...... Wis - - - - - - - March 19, 1883 || March 19, 1883 || Wis 9th ... 1, 200
L. W. Allum -----...----. Cal -------. April 23, 1883 April 23, 1883 Cal - - - 2d ... 1, 200
Webster Eaton .......... Nebr -----. May 21, 1883 May 21, 1883 | Nebr. 1st. -- 1, 200
William H. Goucher..... Colo ------. May 29, 1883 || May 29, 1883 Colo --|---...-. 1, 200
Frank Markle ------..... Wis . ------ May 31, 1883 || May 31, 1883 || Wis .. 2d ... 1, 200
Charles L. Kelsey. --...--. Ark ------- June 1, 1883 June 1, 1883 Ark -- 3d - - - 1, 200
George W. Story ........ N. Y - - - - - - - June 1, 1883 June 1, 1883 N.Y.. 7th .. 1, 200
fienderson Ritchie ...... Fans -----. June 2, 1883 June 2, 1883 : Kans -| 3d --- 1, 200
Henry C. De Sr. ---! D.C ------. Oct. 26, 1882 June 6, 1883 D. C.-H...----. 1, 200
Edward W. Oyster ------ Pa. -------. June 6, 1883 || June 6, 1883 : Pa.... 14th -- 1, 200
Warren F. Travis........ Tenn -----. March 14, 1881 June 13, 1883 Tenn - 8th ... 1, 200
John W. Hall ------------ D.C ------. July 6, 1883 || July 6, 1883 D.C --|-------- , 200
A. M. Randall------------ D.C ------------------------- Sept. 1, 1883 D.C --|-------- 1, 200
*Page 687. f Army or Navy.
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==
Zº gºoººººy A//e/oº. ſº //omas Zoºsoº
Map, showing (approximately) the timberlands of the public domain now in charge of the General Land Office, and over which its special timber agents
have jurisdiction. The color in depth indicating in a measure the density of the timber growth. No estimate of quantity can be given or the exact locality
be indicated in many of the States or Territories of the remaining public timber lands, as, for instance, in Florida, Alabama, Mississippi, Louisiana,
Arkansas, Missouri, Minnesota, Wisconsin or Michigan; an enormous area, however, in these divisions, is yet the property of the Nation.
Tennessee, Ohio, Indiana, Illinois and Iowa, are left blank, as almost all of the public lands have been disposed of therein, and no timber of moment
being on any of the remaining lands. -
Indian Territory is indicated, but its area is not public lands in the sense of sale or disposition. The special timber agents work here, however, and
prevent trespass or depredation.
The area estimated as remaining June 30th, 1883, was about seventy-three millions of acres, a large area of this will, by comparison with the “Precious
Metal” map, page 979, be found to be on the surface, and above most of the gold, silver, and cinnabar lands of the public domain. This estimate of timber
area is exclusive of Alaska, whose timber area, of large extent, is still the property of the Nation, no public land laws having been as yet extended over it.
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REGULATIONS FOR PROTECTION OF TIMBER. 1053
AREA OF TIMBER LANDS REMAINING.
For extent and area of timber lands on the public domain, and over which the
special timber agents have jurisdiction, subject to the General Land Office and the
Department of the Interior, see map facing this page. Area estimated remaining
June 30, 1883, 75,000,000 acres, and December 1, 1883, 73,000,000.
INSTRUCTIONS TO SPECIAL AGENTS OF THE GENERAL LAND OFFICE
APPOINTED TO PREVENT TIMBER DEPREDATIONS UPON GOVERNMENT
LANDS AND TO PROTECT THE PUBLIC TIMBER FROM WASTE AND
DESTRUCTION.
IN EFFECT DECEMBER 1, 1883.
I IN ID IFC X .
- Page.
Act of March 3, 1875, granting to right-of-way railroads the right to take timber for certai
UITTOOS6S -
M: 3, 1875, protection of ornamental and other trees on Government reservations. -- . 1068
June 3, 1878, authorizing residents of Colorado, Nevada, and the Territories to fell and
remove timber from mineral lands for mining and domestic purposes -----------...-----
June 3, 1878, sale of timber lands in California, Oregon, Nevada, and Washington Terri-
torV------------------------------------------------------------------------------------ 1068
Jºis, 1880, settlement of trespass by purchase of lands trespassed upon. -------...--...-- 1072
Acts of Congress, Sections 2460, 2461, 2462, 2463,4205, quoted.------------------------------------ 1067
Sections 4751, 5388. - - - - - - - - - - - - - - - - - ... as º ºs - as ºs as a s - ºn tº as sº e º ºs - - - e ºs º ºx & ſº º is e - - - as ºs ºs º º - - - m is 1068
- Section 3469. . . . . .--------- • - - - - - - - - - - - - - -`--------------------------- - º ºn tº gº ºn tº - e s s 107
Adjacent to line of railroad, definition of expression ----------------------------------------- 1059, 1060
Advice, agent may apply to United States attorney for--------------------------------------- 1065, 1066
Affidavit in cases where land is mineral (form 11) or non-mineral (form 12) ---------------------. 1081
Agents, special timber, designation of.---------------------------------------------------------- 1069
ualifications of ------------------------------------------------------------------------ 1060
uties of.------------------------------------------------------------------------------- 1061
expenses of.---------------------------------------------------------------------------- 1065
appointed by railroads for procuring timber. ------------------, ------------------------ 1060
Agricultural and domestic purposes, timber may be used for. (See “Domestic.”)
Arizona Territory, act regarding the removal of timber from mineral lands in................... 1057
Attorney, United States, agent may apply to him for legal advice.------------------------------ 1065
may begin suit on application of agent in case of emergency---------------------...--. 1065
Board and lodging voucher, form of (No. 3)...... • * - - * * * * * * * * * * * * * * * tº e = * * * * * * * - - - tº is gº º - - - tº gº as e º - sº se is 1079
Bolles Wooden-Ware Company, case of, circular based upon, March 1, 1883...................... 1077
Brush of trees must be taken care of . -------------------------------------------------------- 1058, 1060
California, act relative to sale of timber lands in, June 3, 1878 ................................... 1068
Cedar timber. (See “Red cedar.”)
Certificate, physician's, form of (No. 7). --------------------------------------- * * * * * * * * * * * * * * * * * * 1080
Circular of August 16, 1878, under act of June 3, 1878. --...------------------...------............. 1070
October 15, 1880, under act of June 15, 1880. -----------------------------...------------ 1072
July 1, 1882, under act of June 3, 1878. --------------------------------------- ? - - - - - - - 1057
September 21, 1882, relative to forest fires, Waste, &c.-----------------------...----- 1080
October 12, 1882, relative to “Mesquite ”---...--------------------------- ... ----------- 1976
March 1, 1883, relative to measure of damages to which Government is entitled for
timber trespass -------------------------------------------------------------------- 106
March 5, 1883, under act of March 3, 1875 -------------------------------------------. 1077
March 8, 1883, relative to forest fires------------------------------------------------- RO76
April 5, 1883, relative to unlawful inclosures of public land. --...-----................. 1078
Jivil suit may be instituted, When--------------------------------------------------------------. 1061
Claims and entries which are never consummated.-----------------------...--------------------. 1061
Classes of Government land --------------------------------------------------------------------- 1056.
Collectors of customs, duty to prevent trespass.------------------------------------------------. 1067
Qolorado: Act authorizing citizens to cut timber for mining and domestic purposes............. 1057
Compromise, law relative thereto.--------------------------------------------------------------. 1074
terms and manner of effecting------------------------------------------------------ 1074
Concealment or removal of evidence of trespass.-------------------------........................ 1074
Criminal suit may be instituted, when.--...------...-----...-------. ---------------------------- 1061
cannot be compromised.-----------------------------------------------------------. 1061
e barred after the lapse of three years.---------------------------------------------- 1061
Cultivation and improvement of land justifies the cutting of the necessary timber............... 1056
Customs officers in Alabama, duties of.------------------------------------------------------.... 1067
Dakota Territory, act authorizing the cutting of timber for certain purposes in.................. 1057
Damages, measure of, in cases of timber trespass.-----------------........................... 1061, 1077
Decisions and opinions in relation to timber £respass, extracts from ............................. 1074
Diagrams, whence obtained, and how used ----------------------------------.................... 1066
Diameter of timber allowed to be cut. (See “Size.”)
Domestic and agricultural purposes, timber may be used for . .----............ * * * * * * * * * * * * * * * 1058, 1067
Eight inches, no timber of less diameter to be cut. (See “Size.”)
Emergency, duty of agent in cases of.---------------------------------...----------------------- 1065
Enclosing public lands. (See “Inclosure.”)
Expenses of timber agents----------------------------------------------------------------------- 1065
Exportation of Government timber from a State or Territory. ------------...-- sº e º ºs º gº º sº tº m ms tº e < * 1058, 1067
Eence to inclosures of Government reservations must not be broken down ........... it sº sº sº tº me tº a tº nº º 1068

Fencing public lands prohibited (circular of April 5, 1883)....................................... 1068
1054 REGULATIONS FOR PROTECTION OF TIMBER.
Page
Fires, forest, circular regarding (September 21, 1882)--------------------------------------------- 1075
instructions relative to...:------------- : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1076
Florida, special act regarding destruction of timber in------------------------------------------- 1067
Forest fires. (See “Fires.”)
Forms for use of special agents: 1. Qath of office; 2. Weekly report; 3, 4, and 5. Vouchers; 6.
Transportation orders; 7. Physician's certificate; 8. Report of timber trespass; 9. Release
of timber or lumber; 10 Proposition of settlement; 11. Affidavit where land is mineral; 12.
Affidavit where land is non-mineral------------------------------------------------------- 1078–1982
Government lands, classes of.------------------------------------------------------------------- 1056
Grazing permitted on Government lands -----------------. • * * * * s g g tº s gº º ºs = º ºs e º ºs - - - - * * * * * * = * * * * * * * * 1078
Graziers not allowed to inclose Government land ------...----------------------------------------- 1078
Hay may be cut from Government land.--------------------------------------------------------- 1078
Homestead entries, regulations regarding the cutting of timber upon---------------------------. 1056
Idaho Territory, act regarding the cutting of timberin. ----------------------------------------- 1057
Inclosure of public lands not allowed (circular of April 5, 1883) ---------------------------------- 1078
to Government reservation (gate, fence, hedge, or wall) must not be left open.--...--.. 1068
Indian reservations, timber upon---------------------------------------------------------------- 1059
Informers of timber trespasses to have a share in certain cases.....----------------------------- 1068
Laws relating to Government timber. (See “Acts.”)
Legal advice, agent may consult United States attorney for.---------------------------------. 1065, 1066
Limitation of time within which suit can be instituted ------------------------------------------ 1061
Live-oak and redcedar timber, laws against the cutting and removal of.--...--------------------- 1067
Tumber. (See “Timber.”)
Mesquite, circular relative to (October 12, 1882)----------...--------------------------------------- 1076
Military reservations, timber must not be cut from---------------------------------------------- 1059
Mine owners must protect their own interests.-------------------------------------------------- 1058
Mineral lands, definition of.--------------------------------------------------------------------- 1056
trespass upon, prohibited.---------------------------------------- * * * * * * * * * * * * * * * 1057
districts, act authorizing inhabitants thereof to fell and remove timber for mining and
domestic purposes, June 3, 1878-------------------------------------------------------- 1057
Miscellaneous expenditures, voucher for (form No. 5).------------------------------------------. 1080
Montana Territory, inhabitants thereof may fell and remove timber in certain cases..... . . . . . . . . 1057
Names should be written in full and spelled correctly---------------------------------...-------. 1062
Naval reservations. ------------------------------------------------------------------------------ 1059
Navy, Secretary of duty in certain cases. ------------------------------------------------------ 1067
Nevada, act ºrizing inhabitants thereof to fell and remove timber for certain purposes, JHºs 1071
3, 1878 ----------------------------------------------------------------------------- 1068,
act relative to Sale of timber lands in, June 3, 1878 - - - - - - - - - - - - - - - - - - - - - - - - - - ----------- 1068
New Mexico, act authorizing inhabitants thereof to fell and remove timber for certain purposes. 1057
Non-mineral, affidavit that land is--------------------------------------------------------------- 08.1
Non residents have no right to cut timber on Government land. --...--------------------------- 1056, 1058
Oath of office, form of (No. 1). ------------------------------ ------------------------------------- 1078
Object of protecting timber upon Government lands--------------------------------------------- 1056
Opinions and decisions in timber trespass cases, extracts from - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1074
Orders, transportation, instructions relative to use of.-----...-----------...------...--...--* = • * * * * * 1066
form of (No. 6). ---------------------------------------------------------- 1080
Oregon, act relative to sale of timber lands in, June 3, 1878.-------------------...--------------...-- 1068
Ornamental and other trees on Government reservation, act relative to, March 3, 1875 ---------- 1068
Payment of $2.50 per acre to relieve trespasser in certain cases. --...--...------------------------- 1068
Penalty for trespassing upon Government timber ----------------------------------------------- 1068
Physician's certificate, form of (No. 7). -------------------------------------------------------. -- 1080
Pre-emption entries, lands covered by ----------------------------------------------------------- 1056
Prevention of timber trespass --- ------------------------------------------------------------- 1065
Proposition of settlement, form of (No. 10) -----------------...--...------ ... º ºs - e º as a e º ºn tº e º e s º ºs º ºs º is a 4- ºr 1081
instructions relative to. ---------------------------------------------- 1063
Purchase of lands trespassed upon in settlement of trespass, act of June 15, 1880 ---------------. 1072
Qualifications of special timber agents.----- ---------------------------------------------------- 1055
Railroads, act granting right to take timber from public lands for certain purposes, March 3, 1875. 1059
their rights in mineral districts.-----------------------------------------------------. 1058
Sale of timber to them not allowed -----------------------------...-----------------. 1058, 1060
prohibited from carrying timber or lumber unlawfully cut---...----------------------. 1068
transportation order (form No. 6)----------------------------------------------------- 1080
Record of cases investigated, instructions relative to ------------.............--...--------------- 1065
Red Cedar and live-oak, law prohibiting the destruction of.--...----.................. & Gº tº º ſº º sº a ºn ºn tº an º' 1067
Registers and receivers to act as guardians of the public timber------------------------------ 1057–1067
Release of timber or lumber, instructions relative to-------------------...--...--...--------------.. 1064
form of (No. 9). ---------------------------------------------------- 1080
Removal or concealment of evidence of trespass.-------...---------...--...-- ºn as ºn s e s sº as s e s s = e s m a sm as - 1067
Report of timber trespass, instructions relative to manner of making..........-----------...-...- 1062
Weekly, instructions relative to ---------------------------------------------------------- 1065
form (No. 2) --------------------------------------------------------------------- 1078
Reservations, Government, act for protection of ornamental and other trees upon............... 1067
military, naval, Indian, and other.------------------------------------------------. 1059
Revised Statutes, sections quoted. (See “Acts.”)
Sale of timber lands in California, Oregon, Nevada, and Washington Territory, act relative to,
June 3, 1878--------------------------------------------------------------------. 1068
to railroads not allowed.---------------------------------------------------------- 1060
Scaling, cost of to be paid by the trespasser------------------------------------------------------ 1064
Secretary of the Navy, duty in certain cases-------------------...-------------------------------. 1067
Seizure of timber or lumber, instructions relative to........-----------...--------...-------...--. 1064
Settlement of trespass by purchase of the lands trespassed upon, act of June 15, 1880.......----- 1072
instructions relative to. --------------------------------------------------------------- 1063
proposition of (form No. 10) ---------------------------------------------------------- 1081
Special instructions to *. timber agents ----------------------------. gº º sº a sm is ºn tº dº sº as ºr sº me • * * * * * * * * 1066
transportation, form of voucher for.--------..............-- tº gº º is tº e º º º tº º 'º - - - ſº tº e º º is sº e º sº as * * *
{- ſº tº 1080
Size of trees the cutting of which is permitted .............-----------------------------1058, 1060, 1074
REGULATIONS FOR PROTECTION OF TIMBER. 1055
Page
Stumpage, definition of----------------------------------- * * *s tº º ſº º ſº ſº tº gº tº gº - tº º ſº tº gº tº Lº gº tº e º ºs º ºn tº gº tº º ºs ºs ºs º is 1064
no uniform rate can be prescribed.---------------------------------------------------. 1064
Suits, civil and criminal ------------------------------------------------------------------------. 1061
Survey, cost of, to be paid by trespasser ------------------------------------ tº tº e º 'º e º sº a s = º 'º me • * * * 1061, 1063
Territories, act authorizing residents thereof to fell and remove timber from mineral lands for
mining and domestic purposes, June 3, 1878. --------------------------------------------- -- - - 1057
Timber agents. . (See “Agents.”)
ter being felled, is no longer realty ---------------------------------------------------- 1061
acts regarding. (See “Acts.”)
Tops and laps of trees must be taken care of. (See “Brush.”)
Transportation orders, instructions relative to use of.------------------------------------------. 1066
Special Voucher for -------------------------------------------------------------- 1079
Trees, ornamental and other, on Government reservation........................................ 1068
‘Trespass, timber, definition of.------------------------------------------------------------------ 1060
Trespassers, who are considered primarily guilty------------------------------------------------ 1061
Utah Territory, act authorizing the residents thereof to fell and remove timber in certain cases- 1057
Vacant public land, definition of.---------------------------------------------------------------- 1056
Value of timber cut and removed should be stated in report.-----............................ ---. I063
how estimated ---------------------------------------------------------------... 1063
Vessels, forfeiture of, for trespass. ----. • * * * * * * * * * e º gº tº gº º * * * * * * * * * * * * * * * * * * *s tº s is tº us tº e º gº as e. e. g. g º ºs º gº is ºs º º 1067
Washington Territory, act relative to sale of timber lands in, June 3, 1878....................... 1068
Waste and destruction of public timber prohibited.--------..........--------................... 1056
circular of September 21, 1882 -------------------------------------------- 1075
Weekly report, form of.------------------------------------------------------------------------- 1079
instructions relative to making-------------------------------------------------- 1065
Witnesses, instructions relative to obtaining -----------------...-----------------------...-...---- 1062
Wooden Ware Company v. United States, circular based upon decision in -----............ ...... 1077
Wyoming Territory, act authorizing residents thereof to fell and remove timber from mineral
lands for mining and domestic purposes------------------------------------------------------ 1057
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
Washington, D. C., June 1, 1883.
The following instructions to special timber agents and the rules and regulations
contained herein are hereby prescribed by this office, and all special timber agents of
this office will hereafter be governed by and comply with the same.
All previous instructions and rules and regulations prescribed by this office in con-
flict here with are rescinded.
N. C. McFARLAND,
Commissioner.
DEPARTMENT OF THE INTERIOR,
June 1, 1883.
H. M. TELLER,
Secretary.
Approved.
INSTRUCTIONS TO SPECIAL TIMBER AG ENTS,
DESIGNATION OF SPECIAL AGENTS,
1. Special agents of the General Land Office, Interior Department, appointed to
prevent depredations upon the public timber and to protect the same from waste and
destruction will hereafter be designated as “special timber agents.”
QUALIFICATIONS OF SPECIAL TIMBER AGENTS.
2. A special timber agent must, in order to render intelligent and effective service,
have a thorough understanding as to the object sought to be accomplished in pro-
tecting the timber growing upon Government land; the classes of lands upon which
the timber needs protecting, or upon which timber depredations are liable to be com-
mitted; what persons are authorized or permitted to fell or remove timber therefrom,
to what extent and for what purpose; what constitutes a timber trespass upon Gov-
ernment land; what penalties are attached to such trespass, and what are the duties
of a special timber agent in the premises.
To this end the following directions and instructions are issued. For ready refer-
enco they have been arranged under several headings, and the paragraphs under each
heading numbered.
Special timber agents are expected to study these instructions closely and carefully
until they have thoroughly familiarized themselves with the nature of the duties de-
volving upon them.
1056 REGULATIONS FOR PROTECTION OF TIMBER.
OBJECT OF PROTECTING TIMBER UPON GOVERNMENT LAND.
3. The object of the Government in endeavoring to prevent the waste and destruc-
tion of public timber is, primarily, to preserve it for the wants of future generations—
having, of course, due regard for the requirements of the present. The result of the
destruction of forests in permitting a more rapid melting of the snows in spring
than would occur in the same region if well sheltered, and in decreasing the capacity
of the soil to retain moisture after rains—in both cases increasing the liability to
sudden and devastating floods, not only in the denuded sections, but sometimes hun-
“dreds of miles distant—also the well-established climatic influence of such destruc-
tion in diminishing the annual rainfall, to the serious detriment of regions already
subject to frequent droughts, are other reasons which render the preservation of the
public timber a matter of vital importance not only to the agricultural but to many
other extensive interests. -
CLASSES OF GOVERNMENT LAND.
4. Government land embraces all land the title of which is in the Government; and
for the present purpose may be divided into four classes:
1st. Vacant unoccupied public land;
2d. Land covered by homestead, pre-emption, or other entry, upon which the claim-
ant has not so fulfilled his obligations under the law as to entitle him to patent;
3d. Mineral lands;
4th. Military, naval, Indian, and other Government reservations.
VACANT PUBLIC LAND.
5. All unoccupied lands of the United States to which no valid claim has attached,
and which are subject to homestead, pre-emption, or other entry, or which can be sold
or otherwise disposed of by the United States, are vacant public lands.
6. From such lands, if not mineral in character (see “Mineral lands” below), no
Terson or persons can lawfully fell or remove any timber, except right of way rail-
road companies for certain purposes, and under certain conditions.
(See “Right of railroad companies to take timber from public land,” page 1059.)
LANDS COVERED BY HOMESTEAD OR PRE-EMPTION ENTRY.
7. Lands covered by homestead or pre-emption claims are lands upon which citizens
of the United States have made entry, and have filed certain papers in the proper
district land office, obligating themselves to conform to the requirements of the law
as to occupancy, cultivation, and improvement.
8. The claimant to any such land, provided he is living upon, cultivating, and im-
proving the same in accordance withiaw and the rules and regulations prescribed by
this Department, is permitted to cut and remove, or cause to be cut and removed,
from the portion thereof to be cleared for cultivation, so much timber as is actually
necessary for that purpose, or for buildings, fences, and other improvements on the
land entered.
9. In clearing for cultivation, should there be a surplus of timber over what is
needed for the purposes above specified, he may sell or dispose of such surplus; but
.it is not allowable for him to denude the land of its timber for the purpose of sale or
‘speculation until he has made final proof and acquired title. (See Decisions 3, 4, and
5, appendix, page 1075.)
10. Where the facts justify the conclusion that the person has made his entry in
good faith, and is cultivating and improving the land with the purpose of making it
his home, the agent need not consider it his duty to report every deviation from the
preceding rule. But where the person does not make the land his actual residence,
and cultivate and improve the same, or where the value of the timber cut and re-
moved is greatly in excess of the improvements, or where other facts afford a strong
presumption that the entry was not made in good faith, but solely for the purpose of
denuding the land of its timber, the case should be at once reported to this office.
11. No person other than the one making the entry has a right to cut timber from
such land for any purpose whatever.
MINERAL LANDS.
12. Mineral lands are those which are more valuable for the mineral therein than
for agricultural purposes or for the timber thereon.
13. The right to take timber from mineral lands for building, agricultural, mining,
or other domestic purposes is specially provided for under act of Congress approved
June 3, 1878, as follows: -
REGULATIONS FOR PROTECTION OF TIMBER. 1057
“Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That all citizens of the United States and other persons, bona
_fide residents of the State of Colorado or Nevada, or either of the Territories of New
Mexico, Arizona, Utah, Wyoming, Dakota, Idaho, or Montana, and all other mineral
districts of the United States, shall be, and are hereby, authorized and permitted to
fell and remove, for building, agricultural, mining, or other domestic purposes, any
timber or other trees growing or being on the public lands, said lands being mineral,
and not subject to entry under existing laws of the United States, except for mineral
entry, in either of said States, Territories, or districts of which such citizens or per-
sons may be at the time bona fide residents, subject to such rules and regulations as
the Secretary of the Interior may prescribe for the protection of the timber and of the
undergrowth growing upon such lands, and for other purposes: Provided, The pro-
visions of this act shall not extend to railroad corporations.
“SEC. 2. That it shall be the duty of the register and the receiver of any local land
office in whose district any mineral land may be situated to ascertain from time to
time whether any timber is being cut or used upon any such lands, except for the
purposes authorized by this act, within their respective land districts; and, if so, they
shall immediately notify the Commissioner of the General Land Office of that fact;
and all necessary expenses incurred in making such proper examinations shall be paid
and allowed such register and receiver in making up their next quarterly accounts.
“SEC. 3. Any person or persons who shall violate the provisions of this act, or any
rules or regulations in pursuance thereof made by the Secretary of the Interior, shall
be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum
not exceeding five hundred dollars, and to which may be added imprisonment for any
term not exceeding six months.”
14. Rules and regulations under the preceding act have been prescribed by this De-
partment under dates of August 16, 1878 (see page 1071), July 1, 1880, and July 1,
1882; but those of the two earlier dates are no longer in full force, the one having
been revoked and the other modified by that of the last-named date, which is as fol-
lows:
“The rules and regulations heretofore prescribed by this Department under act of
Congress approved June 3, 1878, entitled ‘An act authorizing the citizens of Colorado,
Nevada, and the Territories to fell and remove timber from the public domain for
mining and domestic purposes,’ are hereby modified as follows: :
“All citizens and boma fide residents of the States and Territories mentioned therein
are authorized to fell and remove, or employ others to fell and remove, or to pur-
chase from others who fell and remove, any timber growing or being upon the public
mineral lands in said States or Territories: Provided,
“1. That the same is not for export from the State or Territory where cut.
º “2. That no timber less than eight inches in diameter is cut or removed.
“3. That it is not wantonly wasted or destroyed.”
% * 3& 36. * 3& *
“As the rules and regulations in relation to the cutting and removing of timber from
the public mineral lands are modified as hereinbefore stated, all agents and officers of
this Department are hereby instructed that in reporting cases of alleged trespass they
will be governed in their report upon the mineral or non-mineral character of the land
Toy the following general rule : -
“Where the lands are situated in districts of country that are mountainous, inter-
spersed with gulches and narrow valleys, and minerals are known to exist at different
points therein, such lands, in the absence of proof to the contrary, will be held to be
mineral in character; but where there are extensive valleys, plains, or mountain
ranges, and no known minerals exist, the land may be considered and treated as non-
mineral. -
“Said agents and officers are further instructed that hereafter, in forwarding re-
ports in cases of timber trespass, a simple statement to the effect that the lands in
question are mineral or non-mineral in character will not be regarded by this office as
sufficient proof; evidence establishing that fact must in all cases accompañy and form
a part of said report. - -
“In investigating cases of timber trespass in mineral districts said agents and offi-
cers will be careful hereafter to report only those cases in which there has been a vio-
lation of the rules and regulations above specified. * -
“All rules and regulations heretofore prescribed by this Department in cases of
timber trespass upon public lands mom-mineral in character remain in force.
“All rules and regulations or instructions heretofore prescribed under said act of
June 3, 1878, by this Department inconsistent with the provisions contained in this
circular are hereby rescinded.”
* The portion of the circular here omitted related to the right of railroad companies to take timber:
and has been amended by office circular of March 3, 1883 (approved March 5, 1883). See “Right of
railroad companies to take timber,” page 1059.
67 L O—VOL. III
1058 REGULATIONS FOR PROTECTION OF TIMBER.
15. The following portion of the circular issued by this office under date of September
19, 1882 (approved September 21, 1882), applies also to the cutting and removal of
timber from public mineral lands authorized by said act of June 3, 1878:
“One of the most dangerous elements to contend with in case of forest fires, and
one of the principal auxiliaries to the spread of the same, is the dry tops of trees which
parties leave upon the ground after having cut and removed the timber for saw logs
and other purposes. When the tree tops can be profitably cut into wood, the person
cutting such trees on public land—when such cutting is authorized by law—must cut
the tops into wood, or at least cut up and pile the brush in such manner as to prevent
the spread of fires. - -
“A failure on the part of woodsmen to utilize all of the tree that can profitably be used,
and to take reasonable precaution to prevent the spread of fires, will be regarded by
this office as wanton waste, and subject them to prosecution for wanton waste and
destruction of public timber.” *
16. Non-residents of a mineral district are not authorized, under any circumstances,
to fell or remove timber from public mineral lands in said district, except for use in
such purposes.
17. Railroad companies are prohibited from the privileges granted in said act; that
is, they cannot take timber from public mineral lands for buildings, fuel, &c.; but
are not prohibited from taking timber from such lands for construction purposes, as
authorized under act of March 3, 1875.
18. Special attention is called to the fact that the authority granted in said act of
June 3, 1878, applies exclusively to lands which are strictly mineral in character and
subject to mineral entry only. The evidence must be positive that such lands are
more valuable for the mineral thereon than for any other purpose, and that they are not
suitable for agricultural purposes or cultivation, or valuable solely for the timber
thereon. -
19. Every report of an alleged depredation upon public land in a mineral district
must be accompanied by affidavits from two entirely disinterested and responsible
persons as to the mineral or non-mineral character of the land. (See Forms No. 11
and 12, page 1081.)
20. The object of the Department in providing that such timber shall not be ex-
ported is, to protect the settlers.in sparsely timbered districts from being deprived of
the timber necessary for their domestic uses. It is not, however, the intent of the
Department to strictly enforce a technical prohibition in cases where the interests of
the settlers in the districts from which timber is cut and removed are not injuriously
affected thereby.
21. The removing of timber or lumber from one State or Territory across the line
into an adjoining State or Territory, but not out of the same general district or sec-
tion of country, is not such exportation as it is intended to prohibit.
22. In investigating cases of alleged export, special timber agents must examine
carefully into all the facts, and report in full, especially as to the manner in which the
settlers and residents of the district from which the timber is cut and removed are
affected thereby.
23. The object of the Department in prohibiting the cutting or removing of trees
less than eight inches in diameter is the preservation of the young timber and under-
growth, so as to provide a supply for the future, when such tree s shall have matured.
But it is not the intention to prohibit the cutting or removal of any full-grown tree
belonging to a species which, when mature, does not exceed eight inches in diameter,
or of any mature tree; nor of trees of any description, even if less than eight inches
of diameter, if it can be shown that there were no other trees in that vicinity. There-
fore in investigating cases of alleged trespass where the trees cut or removed are of
less than the prescribed size, the agent must ascertain and report the species of tree
so cut or removed, the average size which trees of that species attain in that section
of country, and whether the trees cut and removed were growing trees, or trees of
mature growth, whether the trees in that vicinify generally are less than eight inches
in diameter, and all other facts necessary to be known to enable this office to deter-
mine whether the cutting was that of mature trees of less than the required size, or
of the largest trees obtainable in that locality even if less than eight inches in diam-
eter, or whether it was a case of wanton and wasteful destruction of the public
timber.
24. Locators of mining claims, so long as they comply with the law governing their
possessions, are invested by Congress with the exclusive right of possession and en-
joyment of all the surface included within the lines of their locations. If a locator
neglects to protect himself and his possessions, the law does not assume that the
|United States is injured by the cutting and use of the timber on such claim. It is the
duty of the possessor to care for his own if trespass be attempted by a stranger; he
alone is concerned for its protection, and may undoubtedly maintain suit to that end.
(Secretary’s decision, September 30, 1882.)
REGULATIONS FOR PROTECTION of TIMBER. 1059
MILITARY, NAVAL, INDIAN, AND OTHER GOVERNMENT RESERVATIONS.
25. The timber upon military, naval, Indian, and other Government reservations
is the property of the United States, and no person has the right to fell or remove the
same unless employed by the Government for that purpose. Therefore, any timber
trespass discovered upon such reservations must be reported to this office (in the same
manner as trespass upon vacant public land) for reference to the proper Department.
RIGHT OF RAILROAD COMPANIES TO TAKE TIMBER FROM VACANT PUBLIC LANDS.
26. All land-grant railroads are authorized, in the granting act, to take timber from
the public land adjacent thereto, for construction purposes. This authority, how-
ever, is confined strictly to timber for construction purposes only, in every grant ex-
cept that to the Denver and Rio Grande Railroad, which authorizes said road to take
timber for repairs also. -
27. All right-of-way railroads are authorized to take timber from the public lands
adjacent to the line thereof, for construction purposes only, under act of March 3, 1875
(Supplement to the Revised Statutes, chapter 152), as follows:
AN ACT granting to railroads the right of way through the public lands of the United States.
Be it enacted, &c. * * *
SECTION 1. That the right of way through the public lands of the United States is
hereby granted to any railroad company duly organized under the laws of any State
or Territory, except the District of Columbia, or by the Congress of the United States,
which shall have filed with the Secretary of the Interior a copy of its articles of incor-
poration; and due proofs of its organization under the same, to the extent of one hun-
dred feet on each side of the central line of said road; also the right to take, from the
public lands adjacent to the line of said road, material, earth, stone, and timber nec-
essary for the construction of said railroad.
* * ºf - 7te * 36. %
SEC. 4. That any railroad company desiring to secure the benefits of this act shall,
within twelve months after the location of any section of twenty miles of its road, if
the same be upon surveyed lands, and if upon unsurveyed lands, within twelve months
after the survey thereof by the United States, file with the register of the land office
for the district where such land is located a profile of its road; and upon approval
thereof by the Secretary of the Interior, the same shall be noted upon the plats in said
office; and thereafter all such lands over which such right of way shall pass shall be
disposed of subject to such right of way: Provided, That if any section of said road
shall not be completed within five years after the location of said section, the rights
herein granted shall be forfeited as to any such uncompleted section of said road.
SEC. 5. That this act shall not apply to any lands within the limits of any military
park, or Indian reservation, or other lands especially reserved from sale, unless such
right of way shall be provided for by treaty stipulation or by act of Congress hereto-
fore passed. - -
SEC. 6. That Congress hereby reserves the right at any time to alter, amend, or re-
peal this act, or any part thereof. -
CIRCULARS OF DEPARTMENT WHICH ARE NOW IN EFFECT.
28. Circulars of instructions relative to the construction to be placed upon the pre-
ceding act have been issued by this office under dates of July 15, 1881 (approved July
19, 1881), June 30, 1882 (approved July 1, 1882), July 22, 1882, and March 3, 1883 (ap-
proved March 5, 1883). None of said circulars are now in force except the last, which
is as follows: w
“The first section of the act of Congress, approved March 3, 1875 (18 Stat., p. 482),
granting to railroads the right of way through the public lands of the United States,
provides that any railroad company organized as therein described shall have ‘the
right to take from the public lands adjacent to the line of said road, material, earth,
stone, and timber necessary for the construction of said roailroad.” -
“In determining the rights of railroad companies under the foregoing provision you
will be governed by the following instructions:
“1. Said provision refers exclusively to contemplated or unconstructed roads. Com-
panies have no right to take timber or other material under this act for repairs, fuel, or
for the further improvement of roads already constructed. -
“2. The right granted to any railroad company under this act to take timber or other
material from the public lands “adjacent to the line of said road” for construction pur-
poses is construed to mean that, in procuring timber or other material for the purposes
indicated in the act, the same must be obtained from the public lands in the neighbor-
hood of the line of road being constructed, and within the terminal points of such
1060 REGULATIONS FOR PROTECTION OF TIMBER.
road, if possible. If, however, it should be found that the material required in the
construction of such road cannot be procured from the public lands in the neighbor-
hood of, and within the terminal limits of, such road, then it is permitted that such
company may obtain the material required outside the terminal limits of the road under
Construction; such material, however, to be taken from such points as are most ac-
cessible and nearest to the terminal limits thereof.
“3. All duly organized railroad companies under this act, upon the filing and ac-
ceptance of properly authenticated copy of their articles of incorporation and organ-
ization, and map of definite line of location, are entitled (as provided in paragaaph
numbered 2 of this circular) to take timber from any of the public lands not otherwise
reserved or previously occupied according to law, whether the same be mineral or non-
mineral in character.
“4. In the procurement of timber or other material for construction purposes, such
company must, before causing the cutting or removal thereof, appoint in writing one
or more persons as their duly authorized agent or agents for that purpose. Copies of
all such appointments must be filed in this office for its information, in order that such
company may be held responsible for any violation of the rules and regulations as
herein prescribed in relation to the cutting or removal of timber or other material from
the public lands by such agent or those employed by or under him.
“5. All such duly appointed agents have authority to employ others to procure
from such public lands and deliver to them, for the use of such company, all material
required for the purposes specified in the act. It is immaterial whether such persons
are employed by the day or by the piece; but no authority can be given by such rail-
road company to the general public to cut timber from the public lands.
“No railroad company organized according to the provisions of this act is entitled
to procure, or cause to be procured, either by itself or through any of its agents, any
timber or other material from the public lands for sale or other disposal either to
other companies or to the general public.
“7. The right to take timber from the public lands by such railroad company, or
its agents, is confined to such timber or other material as is actually necessary in orig-
inal construction of same, and ceases when such road is open to the public for general
U1862,
“8. In the procurement of such timber from the public lands, noue less than eight
inches in diameter is permitted to be cut or removed ; no waste or destruction of tim-
ber is allowable, and the tops and laps of all trees must be cut and piled in order that
the spread of forest fires may be checked thereby.
“All rules and regulations or instructions heretofore prescribed under said act of
March 3, 1875, by this Department, inconsistent with the provisions contained in this
circular, are hereby rescinded.”
29. There is no law authorizing individuals to cut timber from the public lands and
sell the same to railroads at a certain price per tie, or per thousand feet, or under con-
tract, even though it may be used for construction purposes. The right is conferred
only upon the railroads themselves; therefore the person cutting such timber must
be in the actual employ of the road or its agent. -
30. The terms “lands adjacent to the line of the road " are indefinite, and cannot be
confined to any prescribed limits. On this point the special timber agent must use his
best judgment. As a rule such lands are deemed to be the nearest, most accessible,
and available public lands within the terminal points of the road from which the road
can procure suitable material; but Congress never intended to grant to any railroad
superior rights to those of the settler; therefore, where a railroad passes through a
sparsely timbered section of country, and the taking of timber from such lands would
prevent or discourage settlement along the line of said road, or be a hardship to those
who may have already settled in that locality, by depriving them of the necessary ma-
terial for buildings, fences, fuel, &c., the railroad should be encouraged to take tim-
ber from other convenient. heavily timbered, and thinly settled sections of country
adjacent to the line of said road.
31. By the granting acts, and by the act of March 3, 1875, the right to take timber
is limited to construction purposes exclusively (except in case of the Denver and Rio
Grande Railroad); therefore when a road is once completed the privilege ceases, and
after that any cutting of timber by the railroad is a trespass. -
32. The portion of office circular of September 19, 1882 (approved September 21,
1882), directing that the tops and brush of trees be cut up and piled in order to pre-
vent the spread of fires (see page 1075), applies also to the cutting and removal of tim-
ber from the public lands for the construction of railroads.
WHAT CONSTITUTES A TIMBER TRESPASS.
33. Any person who fells or removes timber, or who hires others to fell or remove
timber, or who incites or induces others to fell or remove timber from Government
land, for his personal benefit or advantage, or for the purpose of speculation and gain,
REGULATIONS FOR PROTECTION OF TIMBER. 1061.
(except he has the right or permission so to do as specified under heads of “Lands
covered by homestead or pre-emption entry,” “Right of railroad companies,” and
“Mineral lands”), is a timber trespasser upon Government land.
34. Any person who is authorized by law, or permitted, to fell and remove timber
from Government land, who fails to utilize all of the trees cut that can possibly be
used, or to remove the brush and take every reasonable precaution to prevent the
spread of forest fires; or who in any other particular wastes and destroys the public
timber, is guilty of timber trespass upon Government land. -
35. Any person who commits timber trespass upon Government land is liable to
both crimin 1 prosecution and civil suit; criminal prosecution for the act of trespass,
and civil suit for the value of the material taken and the damages sustained, together
with costs of court, and also the cost of survey and scalement when the same shall be
necessary to accurately determine the extent of trespass and the amount of damages.
(See circular of March 1, 1883, page 1077.)
36. The person or persons who contract for, purchase, or receive said timber are
also liable to civil suit for the value thereof and the damages sustained, together
with costs as above. (See circular of March 1, 1883, page 1077.) -
37. Timber unlawfully cut from Government land is the property of the United
States, and is subject to seizure as such, wherever or in whatever condition it may be
found, and from any party having possession of it, or who in any way lays claim to it.
38, Cut timber is not a part of the realty and does not go with the land; it is per-
sonal property and the value of the same can be sued for after the land has been
parted with by the Government.
39. The value of such timber in a civil suit is the value of the timber, or lumber,
at the place where and in the condition when found. (See decision No. 5, Appendix,
page 1075; also circular of March 1, 1883, page 1077.)
40. Criminal actions are barred by the statute of limitation after the lapse of three
years; but there is no limitation as to time when the Government may bring civil
action for the value of the property and damages. . -
DUTIES OF A SPECIAL TIMEER AGENT.
41. Special timber agents are assigned to duty in certain States or districts, wherein
they will have a general supervision and charge over all timber upon Government
land. -
42. It is their duty to keep themselves thoroughly informed as to the condition of
the timber upon the Government land in their respective districts, and to protect and
preserve said timber from waste and destruction from any and all sources. (See
office circular of September 19, 1882, approved September 21, 1882, relative to forest
fires, &c., page 1075.)
43. In enforcing a compliance with the several laws relative to the protection and
preservation of the public timber, and the rules and regulations prescribed thereun-
der by this Department, much must necessarily be left to the discretion and judgment
of special timber agents; as the evidence of violations of said laws, or of the rules
and regulations, is in nearly every instance a question of fact which can only be
ascertained by personal examination and investigation. -
44. Special timber agents should remember that it is not the purpose of the law,
nor of the regulations of this Department, to prohibit the use of so much of the pub-
lic timber as may be actually needed by bona fide settlers for agricultural and do-
mestic purposes, but to prevent its being made an article of speculation for the
pecuniary gain of a few individuals to the detriment of the many, or from being
wantonly wasted or destroyed. When an agent understands this, and convinces the
people in the district to which he is assigned that such is the case, he will find no
difficulty in securing their active support and co-operation.
45. Whenever you have information that any timber has been unlawfully felled or
removed from Government land, you should visit the ground and investigate said
alleged trespass in person, in order to be able to report the case from personal knowl-
edge and observation. -
46. You should ascertain the character of the land from which the timber has been
felled or removed, whether it is vacant, unoccupied publicland, or covered by home-
stead, preemption, or other entry; whether it is within the limits of the grant to any
railroad, or of any Government reservation; and whether it is mineral or non-mineral.
47. The purpose of the Government is to prevent the unlawful taking of timber from
all Government lands until the title to such lands has actually passed from the United
States. - -
48. Many claims and entries are made upon Government land which from one cause
or another are never consummated, and the land finally reverts to the Government.
It is therefore fully as important to preserve the timber upon such land from unlaw-
ful spoliation as it is on vacant public lands upon which there never has been any
claim. -
1062 REGULATIONS FOR PROTECTION OF TIM BER.
49. Haviug ascertained the character of the land, and that it is such as should be
protected from timber trespass, you should next ascertain who committed the tres-
paSS.
50. It is not the object of the Government to persecute poor wood-choppers, or cut-
ters who are employed or induced to fell or remove the timber for others who are to
reap the profits therefrom ; but to punish the principals therein, or the parties to be
directly benefited in the case, they being the more guilty parties.
51. Care should be taken to ascertain whether the alleged trespasser has any right
or authority to take such timber, as specified under heads of “Homestead or pre-
emption entry,” “Right of railroad companies, &c.,” and “Mineral lands.”
52. Having ascertained the above facts and become satisfied that the person is
wnlawfully felling or removing timber from the Government land, you should next
find good and reliable witnesses to establish all the facts necessary to a successful
prosecution of the person committing the trespass.
53. Having all the facts in your possession you should, at once, fill out a form of
report (in duplicate) and transmit the same to this office, being particular to state
the facts in full under each head, and in accordance with instructions given under
the head of “Manner of making reports of timber trespass.”
54. It is imperative that all names shall be given in full, written plainly, and
spelled correctly. An important suit might be lost through neglect of the agent in this
particular. *
MANNER OF MAKING REPORT OF TRESPASS.
55. It is impossible to prescribe a form of report which will call for only the infor-
mation needed in each particular case; therefore the form prescribed calls for all the
information that it is thought can be needed in any case.
56. It is the duty of the special timber agent to follow the form of report closely in
every case, and to give all the information called for under each head, where practi-
cable; and where not practicable, to state the reason therefor.
(1.) State name of trespasser in full, with post office address and residence; where
the trespass is commuitted by a firm, state firm name and post office address; also name
in full, post office address, and residence of each member of the firm. Where by an
organized company or corporation, state name of company and location of home office;
also name in full, post office address, and residence of each officer, and of the manager
or local superintendent.
(2.) Describe the land trespassed upon. -
lf surveyed, state subdivision of section, section, township, and range.
If unsurveyed, define the locality by streams and other natural objects, distance,
and direction from nearest surveyed lands, cities, towns, &c.
(3.) Describe the character of the land, whether vacant public land or covered by
homestead, pre-emption, or other entry; whether mineral or non-mineral land;
whether within railroad limits or Government reservation.
If the land is vacant public land, no further description as to character is necessary.
If the land is covered by homestead, pre-emption, or other entry, state the kind of
entry, and, under the diagram on second page of report, give the following informa-
tion in the order named: 1. Name of person making entry. 2. Date of entry. 3.
Whether the party permanently resides on the place. 4. Whether he has any family.
5. Nature of improvements (if any) and whether permanent or temporary. 6. Esti-
mated value of improvements. 7. If any of the ground is cleared or cultivated, state
how much and to what extent. 8. Any other information which will tend to show
whether the person made entry in good faith or for the purpose of cutting the timber
therefrom and abandoning same.
If the land trespassed upon is within a mineral district, the report must be accom-
panied by affidavits as to the mineral or non-mineral character of the land (see Forms
11 and 12, page 1081). Affidavits from two responsible persons are required in each
case; and if the trespass was on mineral lands the following information must be .
stated under the diagram on second page of report, viz: Whether the trespass con-
sisted in cutting trees less than 8 inches in diameter, in wanton waste and destruction
of the public timber, or whether any of the timber or lumber was exported or cut for
export from the State or Territory where the cutting was done. (See “Mineral
lands” pages 1056.) -
If the timber was cut or removed from indisputably mineral lands, and none of the
provisions relative to the cutting there on have been violated (see “Mineral lands,”
pages 1059), no report whatever in the case is necessary.
If the land trespa-sed upon is within railroad limits, state, under diagram on sec-
ond page of report, the name of the railroad; and the distance of the land from the
line of the road.
(4.) Give the date or dates upon which the timber was cut, and the date or dates
upon which it was removed.
REGULATIONS FOR PROTECTION OF TIMBER. 1063
(5.) State whether the trespass consisted in only cutting the timber, or in cutting
and removing the same; or in removing the same after it had been cut by other (un-
knowl.) parties. t
(6.) State kind of timber ; whether pine, oak, or other wood. (See circular rela-
tive to mesquite, approved October 12, 1882, p. 1076.)
(7.) State number of each kind of trees cut or removed.
(8.) State number of feet, board measure, or number of railroad ties, cords of wood,
poles, posts, or other material into which the timber may have been manufactured.
(9.) Describe log mark or marks, and state the name of the person who uses such
mark to represent his property, giving post-office address and residence.
(10.) State where the timber is ; whether on the ground where cut, or hauled to
any stream or shipping point, giving the name.of same ; whether in boom, or at mill,
or removed and disposed of; and if removed or disposed of, state the use made of the
$31, Lil 6.
(11.) State value of the timber or lumber in each of the conditions specified in form
of report, as nearly as practicable. *
(12.) Give the name, post-office address, and residence of the claimant of said tim-
ber or lumber, or the person having possession of the same.
(13.) If the cutting was dome under contract, state contract price, and where the
timber was to be delivered; whether any money has been paid or advanced on same;
and give names in full, post-office address, and residence of contracting parties.
(14.) If the timber has been sold, give name, post-office address, and residence of
party to whom sold ; state price given or agreed upon; amount paid; where and in
what condition the timber is to be delivered ; number of logs or amount of timber
delivered, if any ; whether the purchaser had knowledge that the timber was unlaw-
fully cut, or to be cut, from public lands, or took reasonable precaution to ascertain
that fact and was an innocent purchaser through misrepresentation on the part of
others of generally good reputation.
(15.) Give names in full of at least two reputable witnesses, giving post-office ad-
dress and residence of each, or where he may be found. State in brief what each
witness will be able to testify to in court, being particular to state the date or dates
upon which he saw the cutting or removing. (The cutters and haulers or other em-
ployés of the trespasser should be used as witnesses whenever available.)
(16.) Give a brief statement of what facts you can testify to from your own knowledge
and observation, being particular to state date or dates when you visited the ground
and made personal examination. -
(17.) State whether the trespass was willful, and whether there are any extenuating
or mitigating circumstances; and, if so, the nature and evidence thereof.
(18.) State whether any legal proceedings have been instituted against the parties
for the trespass in question.
(19.) State whether the parties are financially responsible; and, if so, to what
amount. d
(20.) State what action in the premises, in your judgment, will be for the best in-
terest of the Government.
(21.) State any other facts which you may deem necessary for a clear comprehen-
sion of the case in all its details.
(22.). Fill up the diagram on second page of form of report; showing streams, roads,
location of cutting, and buildings upon the land trespassed upon.
PROPOSITIONS OF SETTLEMENT.
57. After you have ascertained all the facts in the case and prepared your report
for transmission to this office, should the party to the trespass (either the actual
trespasser or the purchaser of the timber, or both) express a desire to avoid litigation
and to compromise by paying the Government a certain price in settlement for said
trespass or timber, if the evidence indicates that the trespass was not willful, but acci-
dental or unintentional, or if there are other extenuating circumstances, you may inform
the trespasser that, if he will make a sworn statement and proposition of settlement,
in accordance with the terms of the circular of March 1, 1883, and in the form pre-
scribed by this office (see Form 10, page 1081), you will transmit the same with your
report to this office for consideration and action.
58. The party who cut the timber, or caused it to be cut, may make proposition of
compromise (if the circums ances in the case warrant it, as set forth above in para-
graph #7) ſor the purpose of relieving himself from criminal prosecution, but the
acceptance of such proposition will not relieve the purchaser of the timber from civil
proceedings unless the amount offered not only covers the damage to the land but also
the value of the timber.
59. The purchaser of the timber may make a proposition of settlement (if the cir-
«un:stances in the case will warrant it, as above set forth in paragraph 57) for the pur-
pose of avoiding civil proceedings, but the acceptance of such proposition will not
1064 REGULATIONS FOR PROTECTION OF TIMBER.
ºve the party who cut the timber, or caused it to be cut, from criminal prosecu-
ODI -
60. Where there is positive proof that the person who cut the timber, or caused it
to be cut, is a willful and malicious or persistent trespasser upon the public timber, a
pºtion for the purpose of avoiding criminal prosecution should not be enter-
tained.
61. Where the purchaser of the timber had a knowledge at the time of purchase
that the timber was unlawfully cut from public land, proposition of settlement should
not be entertained for the purpose of relieving the parties from civil proceedings, un-
less the amount offered in said proposition is for the full value of the material in the
condition where and position where found, or, if sold, for the amount for which it was
sold; and for at least as much as there is a reasonable prospect of being able to re-
cover through legal proceedings, with costs.
62. The acceptance of propositions at a lower rate than the owners of private lands
in the same vicinity would charge for similar timber, or for the privilege of cutting
the same, would be an actual inducement to parties to commit timber depredations.
upon the public lands; therofore, such propositions should never be enter ained, ex-
cept when there is indisputable and positive proof that the person who cut the tim-
ber, or who purchased the same, was absolutely innocent of any guilty intent or
knowledge that the same was cut from Government land; in which case propositions.
may be made to pay “stumpage” for the damage sustained—that is, the value of the
timber when standing. -
63. No fixed and uniform rate of stumpage can be prescribed by the Department.
The actual value of the standing timber at the place where and the time when it was
cut, together with the other facts and circumstances ascertained by the agent, must
govern in each case as to such rate.
64. In all cases where an offer of compromise or settlement is made, if there has.
been any expense to the Government for surveying, or scaling, or watching and caring
for the property, the amount must be included in and made part of the proposition.
65. Sworn statements and propositions of settlement must be made out in accord-
ance with the form prescribed by this office (see Form 10, page 1081). The person who
subscribes and swears to the statement and proposition in stating the extenuating cir-
cumstances must state his case in his own way and not from dictation by the special
timber agent. -
66. Special timber agents are not authorized or permitted under any circumstances.
to decide upon any proposed compromise, or to accept any offer of settlement, or to
receive any money or other valuable consideration as a deposit pending its considera-
#. by this office, or to receive the money after a proposition has been accepted by
this office.
67. All payments in settlement of propositions for timber trespass must be made to.
the receiver of public moneys for the land district in which the trespass was com-
mitted.
68. Where cases are in suit, propositions must be made through the proper United
States district attorney to the Department of Justice.
VOLUNTARY RELEASE OF TIMEER OR LUMBER.
69. Should an innocent trespasser, purchaser, or party having possession of any
timber or lumber cut from Government land, voluntarily offer to deliver the same to
the Government, you may receive a sworn statement and release from said party, in
accordance with the form prescribed by this office (see Form No. 9, page 1080), take
possession of the property, and transmit said release, together with a full report in
the case to this office according to form of trespass report (see Form 8, page 1080), upon
receipt of which you will be instructed as to what disposition to make of the property.
70. If you are satisfied that the party offering to release the timber or lumber be-
came possessed of the same with a full knowledge that it was unlawfully cut from
Government land, and that his offer to release the same is made solely to avoid the
legal punishment and penalties for his unlawful acts, or if the timber is in such a posi-
tion that no disposition can be made of it by the Government except to dispose of it
to the guilty party upon his own terms, you will refuse to accept a release for said
timber, but will at once report the case in full, in order that legal proceedings may
be instituted. Any other course would be an encouragement to continued depreda-
tions. - \
SEIZURE OF TIMBER OR LUMBER.
71. No seizure of timber or lumber can be made except by due process of law.
The appointment of a special timber agent does not confer upon him any power or
authority to seize timber or lumber by virtue of his office. However, should you at
any time find any timber that has been cut upon Government land, and abandoned
by the party who cut the same, you will take possession of said timber, and at once
notify this office, when you will be instructed as to what disposition to luake of it.
REGULATIONS FOR PROTECTION OF TIMBER. 1065
CASES OF EMERGENCY,
72. In case of emergency, where the offender is about to leave the country, or the
property is being removed or concealed and the evidence of the trespass destroyed, so
that immediate action is absolutely necessary to protect the interests of the Govern-
ment, the special timber agent may apply to the United States attorney for the ºlis-
trict in which the trespass was committed to institute the proper legal proceedings.
73. In such cases, however, the responsibility will rest with the special timber agent
to produce clear and indisputable evidence to establish the trespass, and show the
necessity for his action.
74. In all other cases the trespass must first be reported in full to this office for in-
structions.
PREVENTION OF TRESPASS.
75. It is as much a part of your duty to prevent parties from committing timber
trespass upon Government land as to detect and secure the punishment of such tres-
pass after it has been committed. Therefore, should you receive information that any
person or persons premeditate such trespass, you must acquaint them with the law
upon the subject, and warn them against such unlawful acts.
RECORD OF GASES INVESTIGATED.
76. You must keep a record of every case investigated by you and reported to this
office (a blank record book for which purpose will be furnished you), showing every
action taken in each case until it is finally disposed of and settled; and, within thirty
days after the 1st day of January and July, in each year, you must transmit to this.
office a transcript from said record book showing the exact status of each and every
case recorded therein.
This is a most important part of your duty and must be strictly adhered to, in order
that every case may be promptly disposed of, and that none may go by default on ac-
count of neglect on the part of this office or its agents; and also that you may be able
to report at once to this office the exact status of any case when called upon.
WEEKLY REPORTS.
77. You are required to furnish this office, each week, with a report giving a brief
statement of your official acts each day of the week. (See Form 2, Appendix, page
1079. )
78. Such weekly reports are necessary to the prompt adjustment of your accounts,
and no allowance will be made in any instance for time not so reported upon.
79. In making out such reports state each day, in the proper column the day of the
month, the day of the week, and the name of the place at which you are stopping or
which you visit.
80. Under the head of nature of business, state the time of departure from and ar-
rival at each place visited, the object of the visit, and a brief statement as to the
nature of the business transacted.
81. After every statement of a journey made in which a transportation order is used
put the initials T. O., give the number of the order used, and the initials of the route
over which you traveled.
82. Such terms as “attending to official business”; “engaged in office work’’;
“writing official communications,” &c., are not sufficiently specific, and will not be
accepted by this office. You must state the nature of the official business or office
work or the names of parties written to, and when investigating cases of trespass
give the names of the alleged trespassers or parties interviewed or description of land
examined.
83. You must make a special and full report in each case investigated, at an early
day thereafter. -
84. Information which is to be a matter of record in any pending trespass case must
not be furnished in weekly reports, but must be made the subject of a separate report.
85. A failure to comply with any of the above instructions will necessitate the
return of your weekly reports for correction and subject your monthly account to sus-
pension.
ExPENSES OF SPECIAL TIMBER AGENTs.
86. In addition to your salary you will be allowed the actual and necessary expenses
incurred by you while attending to your official duties.
87. Office circular of June 20, 1882 (copy here with), will furnish you with full in-
formation as to what constitutes your actual and necessary expenses, and how to
make out and transmit your monthly accounts for settlement.
1066 REGULATIONS FOR PROTECTION OF TIMBER.
i
88. Letters transmitting monthly accounts must relate solely to said accounts.
89. You are specially instructed not to incur any indebtedness in surveying land
and Scaling timber, or for any other purpose, beyond your salary and personal expenses,
without special instructions from this office in each case.
TRANSPORTATION ORDERS.
90. You will be furnished, for your official use, with a supply of railroad transpor-
tation orders, with stubs attached.
91. In traveling, in every case use a transportation order where the railroad com-
pany will accept the same and furnish transportation in accordance there with, using
the orders in their numerical order.
92. In cases where the officials of any railroad company refuse to accept said orders
or furnish transportation thereupon you will purchase a ticket, taking a stamped
receipt therefor from the ticket agent, and transmit said receipt to this office with
your monthly account; and in your letter of transmittal state the reasons assigned
by the officers of the railroad company for refusing to accept of the transportation
order. (Subsidized roads named in circular of June 20, 1882, are compelled by law to
accept such transportation orders, and no charge by a special timber agent for fare
on any of said roads will be allowed by this office.)
93. With each monthly account forward the stubs of all transportation orders used
during the time covered by said account.
94. Never allow your supply of transportation orders to become exhausted ; a failure
to apply for a renewal of the same in time will not be excused, except in cases of an
unavoidable contingency where reasons can be assigned satisfactory to this office.
95. In applying for a new supply of transportation orders, in every instance state
the number of orders you have on hand at the date of making such application.
96. Paragraph 27 of office circular of June 20, 1882 (copy here with), relative to use
of transportation orders is hereby rescinded.
SPECIAL INSTRUCTIONS.
97. It is a waste of time for special timber agents to write long letters to this office
stating that a number of persons are committing depredations upon Government tim-
ber, neglecting to furnish particulars. No intelligent action can be taken in any case,
by this office, unless all the information called for in the form of report is furnished.
98. Your services will not be valued by the length or number of your communica-
tions, but by their utility.
99. #ery case of trespass must be made the subject of a report separate and distinct
in itself.
100. Important facts in any case which has been previously reported must be made
the subject of a separate communication. -
101. All reports of trespass, sworn statements, and propositions of settlement, all
releases and affidavits, and all papers requiring official action by this office (except
amonthly accounts and weekly reports), must be transmitted in duplicate. You should
also keep a copy of each paper for your own information.
102. Should you at any time need legal advice relative to the laws concerning tim-
ber depredations, you will consult with the United States attorney for the State or
Territory assigned you.
103. Should you require diagrams of township plats to enable you to locate a tres-
Tass, you will apply to the register and receiver of the land district in which the land
is situated, who will furnish them to you without charge.
104. These diagrams should show the tracts which are vacant public lands, and
those upon which there are homestead, pre-emption, or other entries.
105. When you are assigned to duty, some certain city or town in the district over
which you are put in charge, centrally located, will be designated as your head-
quarters, for the purpose of having some specified place as your post-office address,
where communications from this office may be mailed you.
106. When you expect to be absent from the vicinity of your headquarters for any
1ength of time, you will leave directions with the postmaster where to forward your
mail.
107. It is not expected that you will permanently reside at the place designated as
your headquarters, or that you will remain there continuously ; you cannot in that
way become an efficient or valuable special timber agent.
108. To familiarize yourself with the timber business of your district, and at the
same time to ascertain what action can be taken to prevent the waste and destruction
of public timber and to preserve it for legitimate uses, it is necessary for you to visit
the timber lands of your district and acquire such knowledge by personal observation.
109. A special timber agent who feels an interest in the good of the public service
REGULATIONS FOR PROTECTION OF TIMBER. 1007
and the special duties devolved upon him will, during the greater portion of the time,
be in the field.
110. You will be furnished by this office, for your official use, with a supply of sta-
tionery and the following blank forms, viz: oath of office; weekly reports; vouchers
for board and lodging, special transportation, and miscellaneous expenditures; rail-
road transportation orders; physician’s certificate; report of timber trespass; release
of timber or lumber; propositions for settlement; affidavits as to mineral character
of land and affidavits as to non-mineral character of land. (See Forms 1 to 12, Ap-
pendix, pages 1078 to 1082.)
A P P E N D I X .
LA WS RELATIVE TO THE PRESERVATION OF GOVERNMENT TIMBER.
LIVE-OAK AND RED CEDAR TIMBER.
&
[Revised Statutes of the United States.]
SEC. 2460. The President is authorized to employ so much of the land and naval forces
of the United States as may be necessary effectually to prevent the felling, cutting
down, or other destruction of the timber of the United States, in Florida, and to pre-
vent the transportation or carrying away any such timber as may be already felled
or cut down ; and to take such other and further measures as may be deemed advisable
for the preservation of the timber of the United States in Florida.
SEC. 2461. If any person shall cut, or cause or procure to be cut, or aid, assist, or be
... employed in cutting, or shall wantonly destroy, or cause or procure to be wantonly de-
stroyed, or aid, assist, or be employed in wantonly destroying any live-oak or red cedar
trees or other timber standing, growing, or being on any lands of the United States
which in pursuance of any law passed, or hereafter to be passed, have been reserved or
purchased for the use of the United States, for supplying or furnishing therefrom
timber for the Navy of the United States; or if any person shall remove, or cause, or
procure to be removed, or aid, or assist, or be employed in removing from any such
lands which have been reserved or purchased, any live-oak or red cedar trees, or other
timber, unless duly authorized so to do, by order, in writing, of a competent officer,
and for the use of the Navy of the United States, or if any person shall cut, or cause
or procure to be cut, or aid, or assist, or be employed in cutting any Jive-oak or led
cedar trees, or other timber on, or shall remove, or cause or procure to be removed, or
aid or assist, or be employed in removing any live oak or red cedar trees or other
timber, from any other lands of the United States, acquired, or hereafter to be ac-
quired, with intent to export, dispose of, use, or employ the same in any manner what-
soever, other than for the use of the Navy of the United States, every such person
shall pay a fine not less than triple the value of the trees or timber so cut, destroyed,
or removed, and shall be imprisoned not exceeding twelve months. (See 4751.) -
SEC. 2462. If the master, owner, or consignee of any vessel shall knowingly take on
board any timber cut on lands which have been reserved or purchased as in the pre-
ceding section prescribed, without proper authority, and for the use of the Navy of
the United States; or shall take on board any live-oak or red cedar timber cut on any
other lands of the United States, with intent to transport the same to any port or
place within the United States; or to export the same to any foreign country, the
vessel on board of which the same shall be taken, transported or seized, shall, with
her tackle, apparel, and furniture, be wholly forfeited to the United States, and the
captain or master of such vessel wherein the same was exported to any foreign country
against the provisions of this section shall forfeit and pay to the United States a sum
not exceeding one thousand dollars. (See 4751.)
SEC. 2463. It shall be the duty of all collectors of the customs within the States of
Alabama, Mississippi, Louisiana, and Florida, before allowing a clearance to any
vessel laden in whole or in part with live-oak timber, to ascertain satisfactorily that
such timber was cut from private lands, or, if from public ones, by consent of the Navy
Department. And it is also made the duty of all officers of the customs, and of the
land officers within those States to cause prosecutions to be seasonably instituted
against all persons known to be guilty of depredations on, or injuries to, the live-oak
growing on public lands. . (See 4205,4751.) -
SEC. 4205. Collectors of the collection districts within the States of Florida, Ala-
bama, Mississippi, and Louisiana, before allowing a clearance to any vessel laden in
whole or in part with live-oak timber, Shall ascertain satisfactorily that such timber
was cut from private lands, or, if from public lands, by consent of the Department of
the Navy. (See 2463.) º -
SEC. 4751. All penalties and forfeitures incurred under the provisions of sections
twenty-four hundred and sixty-three, Title “The Public Lands,” shall be sued for,
1068 REGULATIONS FOR PROTECTION OF TIMBER.
recovered, distributed, and accounted for, under the directions of the Secretary of the
Navy, and shall be paid over, one-half to the informers, if any, or captors, where
seized, and the other half to the Secretary of the Navy for the use of the Navy pension
fund; and the Secretary is authorized to mitigate, in whole or in part, on such terms
and conditions as he deems proper, by an order in Writing, any fine, penalty, or for-
feiture so incurred.
DEPREDATIONS ON TIMEER LANDS.
SEc. 5388. Every person who unlawfully cuts or aids or is employed in unlawfully
cutting, or wantonly destroys, or procures to be wantonly destroyed, any timber
standing upon lands of the United States which in pursuance of law may be reserved
or purchased for military or other purposes, shall pay a fine of not more than five
hundred dollars and be imprisoned not more than twelve months. (See 2460–24,53.)
PROTECTION OF ORNAMENTAL AND OTHER TREES ON GOVERNMENT RESERVATION S.
º [Chapter 151, Supplement to the Revised Statutes.]
Be it enacted, &c. * * *
SECTION 1. That if any person or persons shall knowingly and unlawfully cut, or
shall knowingly aid, assist or be employed in unlawfully cutting, or shall want only
destroy or injure, or procure to be wantonly destroyed or injured, any timber-t ee or
any shade or ornamental tree, or any other kind of tree, standing, growing, or being
upon any lands of the United States, which, in pursuance of law, have been reserved,
or which have been purchased by the United States for any public use, every such
person or persons so offending, on conviction thereof before any circuit or district
court of the United States, shall, for every such offense, pay a fine not exceeding five
hundred dollars, or shall be imprisoned not exceeding twelve months.
SEC. 2. That if any person or persons shall knowingly and unlawfully break, open,
or destroy any gate, fence, hedge, or wall inclosing any lands of the United States,
which have, in pursuance of any law, been reserved or purchased by the United States
for any public use, every such person so offending, on conviction, shall, for every such
offense, pay a fine not exceeding two hundred dollars, or be imprisoned not exceeding
'six months.
SEC. 3. That if any person or persons shall knowingly and unlawfully break, open,
or destroy any gate, fence, hedge, or wall inclosing any lands of the United States,
reserved or purchased as aforesaid, and shall drive any cattle, horses, or hogs upon
the lands aforesaid for the purpose of destroying the grass or trees on the said grounds,
or where they may destroy the said grass or trees, or if any such person or persons
shall knowingly permit his or their cattle, horses or hogs to enter through any of
said inclosures upon the lands of the United States aforesaid where the said cattle,
horses or hogs may or can destroy the grass or trees or other property of the United
States on the said land, every such person or persons so offending, on conviction, shall
pay a fine not exceeding five hundred dollars, or be imprisoned not exceeding twelve
months: Provided, That nothing in this act shall be construed to apply to unsurveyed
public lands, and to public lands subject to pre-emption and homestead laws; or to pub-
lic lands subject to an act to promote the development of the mining resources of the
United States, approved May tenth, eighteen hundred and seventy-two. (March 3,
1875.) -
TIMBER LANDS IN THE STATES OF CALIFORNIA, OREGON, NEVADA, AND IN WASH-
INGTON TERRITORY.
[Chapter 151; approved June 3, 1878 (20 Stat., 89).]
Be it enacted by the Senate and House of Irepresentatives of the United States of America
in Congress assembled, That surveyed public lands of the United States within the
States of California, Oregon, and Nevada, and in Washington Territory, not included
within military, Indian, or other reservations of the United States, valuable chiefly
for timber, but unfit for cultivation, and which have not been offered at public sale
according to law, may be sold to citizens of the United States, or persons who have
declared their intention to become such, in quantities not exceeding one hundred and
sixty acres to any one person or association of persons, at the minimum price of two
dollars and fifty cents per acre; and lands valuable chiefly for stone may be sold on
the same terms as timber lands: Provided, That nothing herein contained shall defeat
or impair any boma fide claim under any law of the United States, or authorize the
sale of any mining claim, or the improvements of any boma fide settler, or lands con-
taining gold, silver, cinnabar, copper, or coal, or lands selected by the said States
under any law of the United States donating lands for internal improvements, educa-
tion, or other purposes: And provided further, That none of the rights conferred by
REGULATIONS FOR PROTECTION OF TIMBER. 1069
the act approved July twenty-sixth, eighteen hundred and sixty-six, entitled “An
act granting the right of way to ditch and canal owners over the public lands, and
for other purposes,” shall be abrogated by this act; and all patents granted shall be
subject to any vested and accrued water rights, or rights to ditches and reservoirs
used in connection with such water rights, as may have been acquired under and by
the provisions of said act; and such rights, shall be expressly reserved in any patent
issued under this act. -
SEC. 2. That any person desiring to avail himself of the provisions of this act shall file
With the register of the proper district a written statement in duplicate, one of which
is to be transmitted to the General Land Office, desiguating by legal subdivisions the
particular tract of land he desires to purchase, setting forth that the same is unfit for
cultivation, and valuable chiefly for its timber or stone; that it is uninhabited; con-
tains no mining or other improvements, except for ditch or canal purposes, where any
Such do exist, save such as were made by or belong to the applicant, nor, as deponent
Verily believes, any valuable deposit of gold, silver, cinnabar, copper, or coal ; that
deponent has made no other application under'this act ; that he does not apply to pur-
chase the same on speculation, but in good faith to appropriate it to his own exclusive
use and benefit; and that he has not, directly or indirectly, made any agreement or
contract, in any way or manner, with any person or persons whomsoever, by which
the title which he might acquire from the Government of the United States should
inure, in whole or in part, to the benefit of any person except himself; which state-
ment must be verified by the oath of the auplicant before the register or the receiver
of the land office within the district where the land is situated; and if any person
taking such oath shall swear falsely in the premises, he shall be subject to all the
pains and penalties of perjury, and shall forfeit the money which he may have paid
for said lands, and all right and title to the same ; and any grant or conveyance which
he may have made, except in the hands of boma fide purchasers, shall be null and
void.
SEC. 3. That upon the filing of said statement, as provided in the second section of
this act, the register of the land office shall post a notice of such application, embrac-
ing a description of the land by legal subdivisions, in his office, for a period of sixty
days, and shall furnish the applicant a copy of the same for publication, at the ex-
pense of such applicant, in a newspaper published nearest the location of the premises,
for a like period of time; and after the expiration of said sixty days, if no adverse
claim shall have been filed, the person desiring to purchase shall furnish to the regis-
ter of the land office satisfactory evidence, first, that said notice of the application
prepared by the register as aforesaid was duly published in a newspaper as herein
required; secondly, that the land is of the character contemplated in this act, unoc-
cupied and without improvements, other than those excepted, either mining or agri-
Cultnral, and that it apparently contains no valuable deposits of gold, silver, cinnabar,
copper or coal; and upon payment to the proper officer of the purchase-money of said
land, together with the fees of the register and the receiver, as provided for in case of
mining claims in the twelfth section of the act approved May tenth, eighteen hundred
and seventy-two, the applicant may be permitted to enter said tract, and, on the
transmission to the General Land Office of the papers and testimony in the case, a
patent shall issue thereon : Provided, That any person having a valid claim to any
portion of the land may object, in writing, to the issuance of a patent to lands so held
by him, stating the nature of his claim thereto; and evidence shall be takºn, and the
merits of said objection shall be determined by the officers of the land office, subject
to appeal, as in other land cases. Effect shall be given to the foregoing provisions
§ this act by regulations to be prescribed by the Commissioner of the General Land
Office.
SEC. 4. That after the passage of this act it shall be unlawful to cut, or cause or
procure to be cut, or wantonly destroy, any timber growing on any lands of the United
States, in said States and Territory, or remove, or cause to be removed, any timber
from said public lands, with intent to export or dispose of the same; and no owner,
master, or consignee of any vessel, or owner, director, or agent of any railroad, shall
knowingly transport the same, or any lumber manufactured therefrom ; and any per-
son violating the provisions of this section shall be guilty of a misdemeanor, and, on
conviction, shall be fined for every such offense a sum not less than one hundred nor
more than one thousand dollars: Provided, That nothing herein contained shall pre-
vent any miner or agriculturist from clearing his land in the ordinary working of his
mining claim, or pleparing his farm for tillage, or from taking the timber necessary
to support his improvements, or the taking of timber for the use of the United States;
and the penalties herein provided shall not take effect until ninety days after the pas-
'sage of this act.
SEC. 5. That any person prosecuted in said States and Territory for violating section
two thousand four hundred and sixty-one of the Revised Statutes of the United States
who is not prosecuted for cutting timber for export from the United States, may be
Arelieved from further prosecution and liability therefor upon payment, into the court
1070 REGULATIONS FOR PROTECTION OF TIMBER.
Wherein said action is pending, of the sum of two dollars and fifty cents per acre for
all lands on which he shall have cut or caused to be cut timber, or removed or caused
to be removed the same : Provided, That nothing contained in this section shall le.
construed as granting to the person hereby relieved the title to said lands for said
payment ; but he shall have the right to purchase the same upon the same terms and
conditions as other persons, as provided hereinbefore in this act: And further provided,
That all moneys collected under this act shall be covered into the Treasury of the
United States. And section four thousand seven hundred and fifty-one of the Revised
jº is hereby repealed, so far as it relates to the States and Territory herein
Ila, Iſle (i. - J
SEC. 6. That all acts and parts of acts inconsistent with the provisions of this act
are hereby repealed.
The following circular of instructions relative to the preceding act has been issued
by this office: -
TIMBER ACT OF JUNE 3, 1878, APPLYING TO “CALIFORNIA, OREGON,
NEWADA, AND WASHINGTON TERRITORY.” ALSO, TIMBER ACT OF SAME
DATE APPLYING TO “coloraDO, NEVADA, AND THE TERRITORIES.”
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., August 15, 1878.
To REGISTERS AND RECEIVERS OF UNITED STATES LAND OFFICES:
GENTLEMEN: The following is a review of the provisions of the act entitled “An
act for the sale of timber lands in the States of California, Oregon, Nevada, and in
Washington Territory, ' approved June 3, 1878, and of the act approved same date,
entitled “An act authorizing the citizens of Colorado, Nevada, and the Territories to.
fell and remove timber on the public domain for mining and domestic purposes,” so
far as they relate to the privilege of cutting and removing timber from the public lands
of the United States, the punishment therefor, or to the protection of “timber and of
the undergrowth” growing upon the public lands. Copies of these acts are annexed.
The fourth section of the first mentioned act provides that “it shall be unlawful to
cut, or cause or procure to be cut, or wantonly destroy, any timber growing on any
lands of the United States, in said States and Territory, or remove, or cause to be re-
moved, any timber from said public lands, with intent to export or dispose of the same;
and no owner, master or consignee of any vessel, or owner, director, or agent of any
railroad, shall knowingly transport the same, or any lumber manufactured therefrom.
Any person violating the provisions of this section shall be guilty of a misdemeanor, and,
on conviction, shall be fined for every such offence a sum not less than one hundred
nor more than one thousand dollars.” Provision is also embraced in said section that
“the penalties herein provided shall not take effect until ninety days after the passage
of this act.” This section also contains a proviso, as follows: “And nothing bereint
contained shall prevent any miner or agriculturist from clearing his land in the ordi-
nary working of his mining claim, or preparing his farm for tillage, or from taking
the timber necessary to support his improvements, or the taking of timber for the use
of the United States.” The penalty provided for in this section takes effect after the
1st day of September, 1878, and applies to cutting for any purpose other than that
mentioned in this proviso, such as the wanton destruction of timber, or its removal for
export or disposal.
In the States and Territory mentioned the effort of the Executive will in the future
be directed to the proper punishment of parties who may cut for purposes not author-
ized by the statute under consideration, and to the prevention, so far as practicable,
of further trespass against the general law.
The fifth section of the act provides “that any person prosecuted in said States and
Territory for violating section 2461 of the Revised Statutes of the United States, who
is not prosecuted for cutting timber for export from the United States, may be relieved
from further prosecution and liability therefor upon payment, into the court wherein
said action is pending, of the sum of two dollars and fifty cents ($2.50) per acre for all
lands on which he shall have cut or caused to be cut timber, or removed or caused to
be removed the same: Provided, That nothing contained in this section shall be con-
strued as granting to the person hereby relieved the title to said lands for said pay-
ment; but he shall have the right to purchase the same upon the same terms and
conditions as other persons, as provided hereinbefore in this act.” This provision is.
applicable alike to cases pending at the time of the passage of the act, and to such.
cases as have been since or may hereafter be commenced.
Section 5 also contains provision that all moneys collected under this act shall be
covered into the Treasury of the United States, and section 4751 of the Revised Stat-
utes of the United States, which authorizes the penalties and forfeitures incurred
under sections 2461 and 2462 of the Revised Statutes to be sued for recovered and
REGULATIONS FOR PROTECTION OF TIMBER. 1071.
accounted for, under the direction of the Secretary of the Navy, is repealed, so far as
it relates to these States and Territory.
By the provisions of the last-mentioned act “all citizens of the United States and other
persons bona fide residents of the States of Colorado, Nevada, or either of the Terri-
tories of New Mexico, Arizona, Utah, Wyoming, Dakota, Idaho, and Montana, and
all other mineral districts of the United States, are authorized and permitted to fell
and remove for building, agricultural, mining, or other domestic purposes, any timber
or other trees growing or being upon the public lands, said lands being mineral and
not subject to entry under the existing laws of the United States, except for mineral
entry in either of said States, Territories, or districts of which such citizens may be
at the time boma fide residents, subject to such rules and regulations as the Secretary of
the Interior may prescribe for protection of the timber, and of the undergrowth grow-
ing upon such lands, and for other purposes.” (See page 1057 for this act.)
The first section contains a provision that this act shall not extend to railroad cor-
porations. A copy of the rules and regulations prescribed by the Secretary of the In-
terior, for the protection of the timber and of the undergrowth growing upon the
mineral lands of the United States, in compliance with this provision, is printed here-
with. The second section of this act makes it the duty of the register and receiver
of any local land office in whose district any mineral land may be situated to ascertain
from time to time whether any timber is being cut or used upon any of the mineral
lands, except for the purposes authorized by this act, within their respective land.
districts; and if so, they are required to notify the Commissioner of the General Land
Office of that fact. -
These reports will be made by the registers and receivers separately from those re-
lating to any other subject, and will give the details of any violation of the provis-
ions of this act.
The registers and receivers are allowed all necessary expenses incurred in making
such proper examinations in regard to violations of the provisions of this act, which
will be paid and allowed them in making up their next quarterly accounts.
The third section provides that “any person or persons who shall violate the pro-
visions of this act, or any rules and regulations in pursuance thereof made by the Sec-
retary of the Interior, shall be deemed guilty of a misdemeanor, and upon conviction.
shall be fined in any sum not exceeding five hundred dollars, and to which may be
added imprisonment for any term not exceeding six months.”
When violations of the provisions of this act are brought to the attention of this
Office, either by report from the registers and receivers, or by other persons who, as
good citizens, may feel an interest in the protection of the public timber, if the facts
are deemed sufficient to warrant prosecutions, they will be brought to the a tention
of the Department of Justice, that instructions may be given to the proper district
attorney to institute legal proceedings.
RULES AND REGULATIONS PRESCRIBED BY THE SECRETARY OF THE INTERIOR FOR:
- THE PROTECTION OF TIMBER, ETC.
Rules and regulations prescribed by the Secretary of the Interior for the protection
of the timber and of the undergrowth growing upon mineral lands of the United States,
not subject to entry under existing laws of the United States, except for mineral
entry in the States of Colorado and Nevada, or in the Territories of New Mexico, Ari-
zona, Utah, Wyoming, Dakota, Idaho, or Montana, and in all other mineral districts
of the United States, in compliance with the provisions of an act approved June 3,
1878, entitled “An act authorizing the citizens of Colorado, Nevada, and the Terri-
tories to fell and remove timber on the public domain for mining and domestic pur-
poses.” - -
With the view to and the intention of preserving the young timber and undergrowth.
upon the mineral lands of the United States, and to the end that the mountain sides.
may not be left denuded and barren of the timber and undergrowth necessary to pre-
vent the precipitation of the rainfall and melting snows in floods upon the fertile
arable lands in the valleys below, thus destroying the agricultural and pasturage in-
terests of the mineral and mountainous portions of the country, I do hereby make and
cause to be promulgated, by virtue of the power vested in me by the act entitled “An
act authorizing the citizens of Colorado, Nevada, and the Territories (excepting Wash-
ington Territory) to fell and remove timber on the public domain for mining and Jo-
mestic purposes,” the following ràles and regulations: C
1. Section 2461, Revised Statutes, is still in force in all of the States and Territories
named in the bill, and its provisions may be enforced, as heretofore, against persons
trespassing upon any other than lands which are in fact mineral, or have been with-
drawn as such ; and in all cases where trespasses are committed upon the timber
upon public lands which are not mineral, the trespassers will be prosecuted under
said section.
2. It shall be unlawful for any person to cut or remove, or cause to be cut or removed,
1072 REGULATIONS FOR PROTECTION OF TIMBER.
from any of the mineral lands of the United States any timber or undergrowth of any
kind whatsoever less than 8 inches in diameter, and any person so offending shall be
liable to be fined, in compliance with the provisions of the third section of said act,
in any sum not exceeding five hundred dollars, and to which may be added imprison-
ment for any term not exceeding six months.
# $ * # * 4 * 3&
Very respectfully, J.A. williamson
tº dº...ºn & Commissioner.
DEPARTMENT OF THE INTERIOR, August 16, 1878.
The foregoing is hereby approved.
5 ****5 C. SCHURZ,
Secretary.
Rules 3 and 4 have been revoked.
In so far as the above circular relates to the act of June 3, 1878, entitled “An act
authorizing the citizens of Colorado, Nevada, and the Territories to fell and remove
timber on the public domain for mining and domestic purposes,” the provisions con-
tained therein have been modified and rescinded by circular of June 30, 1882, approved
July 1, 1882. (See “Mineral lands,” paragraph 14, page 1057.) *
SETTLEMENT OF TRESPASS BY PURCHASE OF THE LAND THESPASSED UPON.
Iſſe it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That when any lands of the United States shall have been entered
and the Government price paid therefor in full no criminal suit or proceeding by or
in the name of the United States shall thereafter be had or further maintained for any
trespasses upon or for or on account of any material taken from said lands, and no civil
suit or proceeding shall be had or further maintained for or on account of any trespasses
upon or material taken from the said lands of the United States in the ordinary clearing
of land, in working a mining claim, or for agricultural or domestic purposes, or for
maintaining improvements upon the land of any bona fide settler, or for or on account
of any timber or material taken or used by any person without fault or knowledge of
the trespass or for or on account of any timber taken or used without fraud or col-
lusion by any person who in good faith paid the officers or agents of the United States
for the same or for or on account of any alleged conspiracy in relation thereto : Pro-
wided, That the provisions of this section shall apply only to trespasses and acts done
or committed and conspiracies entered into prior to March first, eighteen hundred and
seventy-nine: And provided further, That defendants in such suits or proceedings shall
exhibit to the proper courts or officer the evidence of such entry and payment and
shall pay all costs accrued up to the time of such entry.
SEC. 2. That persons who have heretofore under any of the homestead laws entered
lands properly subject to such entry, or persons to whom the right of those having so .
entered for homesteads may have been attempted to be transferred by boma fide instru-
ment in writing, may entitle themselves to said lands by paying the Government price
ºtherefor, and in no case less than one dollar and twenty-five-cents per acre, and the
annount heretofore paid the Government upon said lands shall be taken as part pay-
ment of said price: Provided, This shall in no wise interfere with the rights or claims
of others who may have subsequently entered such lands under the homestead laws.
SEC. 3. That the price of lands now subject to entry which were raised to two dol-
lars and fifty cents per acre, and put in market prior to January, eighteen hundred
and sixty-one, by reason of the grant of alternate sections for railroad purposes, is
hereby reduced to one dollar and twenty-five cents per acre.
SEC. 4. This act shall not apply to any of the mineral lands of the United States;
and no person who shall be prosecuted for or proceeded against on account of any
trespass committed or material taken from any of the public lands after March first,
eighteen hundred and seventy-nine, shall be entitled to the benefit thereof.
Approved June 15, 1880. r
The following circular of instructions has been issued under the above act :
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
• , Washington, D. C., October 9, 1880.
REGISTERS AND RECEIVERS UNITED STATES LAND OFFICES:
GENTLEMEN: In carrying out the provisions of the act of Congress of June 15, 1880,
entitled “An act relating to the public lands of the United States,” you will be gov-
erned by the following instructions supplemental to, and in lieu of, the circular of this
office of July 17, 1880, which is hereby rescinded.
1. The first section of said act provides that when any lands of the United States
REGULATIONS FOR PROTECTION OF TIMBER. 1073
shall have been entered, and the Government price paid therefor, no suits or proceed-
ings on account of trespasses committed thereon prior to March 1, 1879, shall be had
or maintained. -
2. This section extends to such trespassers the privilege of paying for the land upon
which the trespass was committed at the legal price per acre at date of entry.
3. The privilege of purchase under said section is not confined to lands subject to
ordinary private entry, but extends to any lands, not mineral, subject to disposal under
existing general laws.
4. No entry can be allowed under this section if the valid subsisting claim of another
person shall have attached prior to the application to purchase.
5. Where lands are plainly º: to ordinary private entry, no special application
to purchase, other than the usual application in cases of private entry, is required in
order to enable the purchaser to avail himself of the benefits of the act.
6. When lands are not plainly subject to ordinary private entry, and application to
purchase the same shall be made with a view to securing the immunity contemplated
by said section, you will require the application to be presented under oath of the ap-
plicant, giving a full and detailed statement of all the facts upon which he bases his
claim to purchase. Such sworn statement should be corroborated by the affidavits of
credible witnesses, and you will thereupon forward all the papers in a special letter
to this office, allowing no entry until so directed.
7. Under the second section, duly qualified persons who, prior to June 15, 1880,
emtered, under any of the homestead laws, lands properly subject to such entry are
permitted to obtaintitle by paying the Government price, less the fee and commissions
paid at date of original entry.
8. In allowing entries of this class, you will require proof that the party was twenty-
one years of age, was a citizen, or had a.iº. his intention to become a citizen of
the United States, and was in other respects entitled to make the entry.
9. When homestead entries, made prior to June 15, 1880, have been attempted to be
transferred by bona fide instrument in writing, the persons to whom such transfers were
made are authorized to obtain title by like payments, and with like deduction of fees
and commissions, as in the case of original homestead parties.
10. In permitting purchases by transferees of homestead rights, you will first ascer-
tain whether the original homestead entry was a valid entry under the homestead laws,
You will then require the instrument in writing by which it was sought to transfer
such homestead right, to be filed, together with the best evidence attainable of the bona
fide character of the transfer, including the affidavit of the party who seeks to pur-
chase. You will also require satisfactory proof that the attempted transfer was made
prior to June 15, 1880.
11. You will exercise all possible care in allowing purchases of the above character,
as it is not improbable that fraudulent entries will be attempted, and the proper exe-
cution of the law will largely depend upon your vigilance and discretion. In cases
wherein you entertain a doubt of the º of allowing the application to pur-
chase, you should refer all the papers to this office, with a full statement of facts and
your opinion.
12. No entry will be allowed under the second section when the original homestead
entry was not a valid entry; nor when an entry under the homestead laws shall have
been made on the same land subsequent to the original entry; nor if the land was em-
braced in a prior valid entry at the date of such original homestead entry; nor where
adverse legal rights of any character exist at the date of the application to purchase.
13. Applications to purchase under the second section will be made on Form No. 18,
as in case of ordinary cash entry, and must be accompanied by the receiver's duplicate
homestead receipt; or, if that has been lost or destroyed, by an affidavit setting forth
such fact, and giving the register's and receiver's number, and the date of the original
homestead entry. It must also be stated in the application that the same is made
under the second section of the act of June 15, 1880.
14. Where the duplicate receipt has been lost or destroyed, and the application to
purchase is made by the original homestead party, the applicant must make oath that
he has not transferred nor attempted to transfer his homestead rights under said entry,
nor assigned his right to receive the repayment of the fees, commissions, and excess
payments paid thereon.
15. In each case of an entry under the second section the register will certify to the
receiver the amount to be allowed as credit for fees, commissions, and excesses already
paid ; the applicant first making oath that said fees, commissions, and excess payments
have not been repaid, and that no application for such repayment has been made.
16. Entries under the second section will receive current register's and receiver's
numbers in the regular cash series, and will be returned in the same manner as in other
cases of cash entry, referring, however, in each instance, on your cash abstracts, cer-
tificates, and receipts, to the date of the act authorizing the entry, the register's and
receiver's number of the original homestead application, and the amount allowed as
68 L O—WOL III
1074 REGULATIONS FOR PROTECTION OF TIMBER.
- – -r-,+------- -
credit for fees and commissions, as follows: “Act June 15, 1880. Original homestead
entry No. —. Credit for fees and commissions, $–.”
17. The areas of said homestead entries, having been heretofore reported, will be
deducted from the footings of your cash abstracts, and the aggregate of such entries
will be stated in red ink in your recapitulations.
18. The amount received under said second section will be accounted for by the re-
ceiver, as in case of other cash sales, except that in his quarterly detailed account he
will note the date of the act opposite each entry of this class, and will state the areas
in red ink, and will not include the same in his footings. In his recapitulation and
in his condensed quarterly accounts-current, he will make a separate entry, as follows:
“Sales under the second section, act of June 15, 1880, $–.”
19. Final homestead proof not being required in these cases, no advertisement or
notice of intention to make final proof is necessary, and no final homestead fees are
to be paid or collected.
20. Warrants and scrip made receivable by law for lands subject to sale at private
entry, or in commutation of homestead or pre-emption rights, and certificates of de-
posit on account of surveys, will be deemed receivable for lands purchased under the
second section of act of June 15, 1880.
21. The existing rule must, however, be observed, that where the value of warrants
or scrip exceeds that of the land entered there with no repayment is authorized, but the
warrant or scrip applied must be fully surrendered. In such case there would be no
claim for repayment on account of the fees and commissions paid on the original home-
stead entry.
22. The third section reduces to one dollar and twenty-five cents per acre the price
of any lands which were subject to ordinary private entry at two dollars and fifty cents
per acre at the date of the approval of the act, having been doubled in price by reason of
the grant of alternate sections for railroad purposes, and which were put in market at
that price prior to the 1st of January, 1861. Lands which have not been put in market
for sale at ordinary private entry at two dollars and fifty cents per acre, or which were
so put in market subsequent to the 1st of January, 1861, are not changed in price by
this section. You will carefully observe the rule, as to price, thus introduced. By
reference to your official records it will be in your power to ascertain the facts with
regard to any lands from which to decide as to the applicability of the rule to such
lands. In case of doubt you may correct your records to exhibit the facts by corre-
spondence with this office.
23. You will further observe that, under section 4, none of the provisions of this act
apply to mineral lands, and that no person is entitled to the benefit of any provision
of the entire act who falls within the inhibition named in this section.
Very respectfully,
C. W. HOLCOMB,
Acting Commissioner.
DEPARTMENT OF THE INTERIOR,
º October 15, 1880.
C. SCHURZ,
Secretary.
Approved.
COMPROMISE.
[Section 3469, Revised Statutes.]
Upon a report by a district attorney, or any special attorney having charge of any
claim in favor of the United States, showing in detail the condition of such claim, and
the terms upon which the same may be compromised, and recommending that it be
compromised upon the terms so offered, and upon the recommendation of the Solicitor
of the Treasury, the Secretary of the Treasury is authorized to compromise such claim
accordingly. But the provisions of this section shall not apply to any claim arising
under the postal laws. -
EXTRACTS FROM OPINIONS AND DECISIONS.
The following opinions and decisions are published for your information:
1st. Attorney-General Wirt, in an opinion of the 27th May, 1821, holds as follows:
“Independent of positive legislative provisions, I apprehend that, in relation to all
property, real or personal, which the United States are authorized by the Constitution
to hold, they have all the civil remedies, whether for the prevention or redress of inju-
ries, which individuals possess. (See 3 Wheaton, 181.) So the United States, being
authorized to accept and to hold these lands for the common good, must have all the
legal means of protecting the property thus confided to them that individuals enjoy
in like cases. * * * They are, therefore, in my opinion, entitled to the injunction
REGULATIONS FOR PROTECTION OF TIMBER, 1075
of waste by way of prevention, and to the action of trespass by way of punishment,
in like manner as individuals, similarly situated, are entitled to them.” -
2d. Attorney-General Taney, [as] Chief-Justice of the United States, in an opinion
of 22d August, 1833, cites this opinion of Mr. Wirt, and concurs in it,
3d. Attorney-General Mason, in a communication of 16th July, 1845, refers to the
opinion of Attorney-General Nelson, of the 11th August, 1843, and, in concurring in
it, states that “when the right of pre-emption exists, the settler who has complied
with the provisions of the act of 4th September, 1841, has a right of occupancy for
twelve months, within which he may perfect his title by paying the minimum price
of the land. Like the settlers under the armed occupation act, his right is inchoate
only; and he has only those rights of property which are necessary to the perfecting
of his title. He may clear the land, build on it, and inclose it with a view to culti-
vation. For these purposes he may use or destroy any trees which may be necessary,
but within these restrictions, and necessary fire-wood, he is confined.”
The penal act of 2d March, 1831, provides “for the punishment of offenses committed
in cutting, destroying, or removing live-oaks and other timber or trees preserved for
naval purposes.”
This act of 2d March, 1831, you will find fully considered in the case of the United
States vs. Ephraim Briggs (9 Howard, p. 351), in which the Supreme Court decided
that the said act authorized the prosecution and punishment of all trespassers on
public lands by cutting timber, whether such timber was fit for naval purposes or not.
4th. Judge Nelson in the case of the United States vs. McEntee, in the United States
district court, Minnesota, October term, 1877, held as follows, McEntee being a settler
under the homestead law :
“The lands can be cleared and timber sold if cut down for the purpose of cultiva-
tion; but if the sale and traffic is the only reason for severing the timber, and it is
not dºne with a view of improving the land, the intentions of the lawgiver are sub-
verted.
5th. In the case of the United States vs. James A. Smith at the April term, 1882, of
the United States district court for the eastern district of Arkansas, where it was
charged that said Smith unlawfully cut and removed certain timber from lands be-
longing to the United States in the State of Arkansas and converted the same into
cordwood and railroad ties, and where evidence was produced to show that he pur-
chased said timber from parties who claimed to own the land upon which it stood,
Judge Caldwell held as follows:
“Persons cutting and removing timber from lands are bound to know that they who
assumed to sell them the timber had the right to do so, and if they did not, the pur-
chaser is liable to the lawful owner of the timber for its value, and if the trees are
worked up into cordwood or railroad ties, such cordwood and ties are the property of
the owner of the land as much as the trees were, and the owner of the land is entitled
to recover the value of the timber in its new form, in other words, the value of the
cordwood and railroad ties.”
CIRCULARS OF A GENERAL CHARACTER,
RELATIVE TO PROTECTING, TIMBER ON PUBLIC LAND FROM FOREST FIRES AND FROM
WANTON WASTE AND DESTRUCTION.
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
Washington, D. C., September 19, 1882.
Mr.
y
Special Timber Agent:
SIR: The fact having been brought to the notice of this Department that extensive
forest fires from time to time, in different sections of the country, are destroying vast
amounts of timber upon the public lands, and no means have heretofore been provided
by the Government for the purpose of checking or preventing the same and preservi-
ing the public timber from such destruction, you are hereby informed that it will
hereafter be a part of the duty of the special timber agents of the General Land Office
to protect and preserve the public timber from this kind of waste and destruction, as
well from destruction by the woodsman, or from any other source.
You are, therefore, hereby instructed to keep yourself fully informed as to the con-
dition of the timber upon the public land in your district, and to use your best en-
deavors to protect it from waste and destruction from any and all sources; and to this
end—where there are State or Territorial laws for the preservation of timber—you are
authorized and directed to coöperate with the State or Territorial authorities and to
aid and assist them in enforcing said laws. e
Should you at any time receive information of any forest fire being in progress in
your district, you will at once proceed to the locality of the same and use all possible
means to check its progress and to extinguish it.
1076 REGULATIONS FOR PROTECTION OF TIMBER.
Should it be necessary to employ assistance in such a case, and the emergency be
such that it would be impossible to inform this office of that fact and to receive special
instructions, you are hereby authorized to expend a reasonable sum for such purpose,
but you will at once inform this office, by telegraph, of the number of persons so em-
ployed and the total probable expense.
One of the most dangerous elements to contend with in case of forest fires, and one
of the principal auxiliaries to the º: of the same, is the dry tops of trees which
parties leave upon the ground after having cut and removed the timber for saw logs
and other purposes. When the tree tops can be profitably cut into wood, the person
cutting such trees on public land—when such cutting is authorized by law—must cut
the tops into wood, or at least cut up and pile the brush in such manner as to prevent
the spread of fires.
A failure on the part of woodsmen to utilize all of the tree that can Fº be
used, and to take reasonable precaution to prevent the spread of fires, will be regarded
by this office as wanton waste, and subject them to prosecution for wanton waste and
destruction of public timber.
Very respectfully,
N. C. McFARLAND,
Commissioner.
DEPARTMENT OF THE INTERIOR, September 21, 1882.
Approved. -
H. M. TELLER,
Secretary.
FOREST FIRES.
The following public notice relative to forest fires is furnished to special timber
agents, printed on cloth, for posting in conspicuous places in their districts:
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
Washington, D. C., March 8, 1883.
The attention of the public is called to the fact that large quantities of the public
timber are annually destroyed by forest fires which, in many cases, originate through
the carelessness of hunting, prospecting, and other camping parties, while in some
instances they occur through design.
I take this method of warning all persons that hereafter the cause and origin all fires
will be closely investigated, and where the fire is ascertained to have originated through
either carelessness or design the parties implicated will be ºfto the full ex-
tent of the law.
Special timber agents are hereby directed to proceed against all offenders under the
local laws of the State or Territory relating to the unlawful setting out of fires in which
the same may occur.
The public generally are requested to aid the officers of the Government in its efforts
to check the evil referred to and in the punishment of all offenders.
N. C. McFARLAND,
Commissioner.
CLASSIFICATION OF MESQUITE AS TIMBER.
[Circular.]
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
Washington, D. C., October 12, 1882.
TO REGISTERS AND RECEIVERS OF UNITED STATES LAND OFFICES, AND TO SPECIAL
TIMBER AGENTS OF THE GENERAL LAND OFFICE.
GENTLEMEN: The rules and regulations heretofore prescribed in relation to the cut-
ting and removing of mesquite growing and being upon any of the public lands of the
United States—mineral in character—are hereby modified as follows:
The cutting and removing of mesquite is restricted and confined to actual settlers
and bona fide residents of the State or Territory who are citizens of the United States.
The cutting and removing of mesquite from the public lands of the United States—
said lands being mineral—is permitted for all building, agricultural, mining, and do-
mestic purposes needed in the development and improvement of the homes or mining
interests of such actual settlers, residents, or miners.
It is further F. that mesquite may be cut and removed from the public min-
eral lands for the purpose of selling the same to any actual settler or resident of the
State or Territory, but only for the uses and purposes hereinbefore described.
The cutting and removing of mesquite from any of the public mineral lands of the
United States for export from the State or Territory, or by, or for sale to, any railroad
company as an article of fuel or repair is strictly prohibited; the person or persons so
15:EGULATIONS FOR PROTECTION OF TIMBER. 1077
offending being liable to civil and criminal prosecution as provided by section 3 of the
act approved *. 3, 1878, entitled “An act authorizing, the citizens of Colorado,
Nevada, and the Territories to fell and remove timber on the public domain for min-
ing and domestic purposes.”
*The cutting .P removing of mesquite from any of the public lands of the United
States—non-mineral in character—is strictly prohibited for any purpose, except the
same is to be used in building, fencing, or otherwise improving and cultivating the
land or claim from which the same is cut or removed.
Any person cutting or removing mesquite from non-mineral public lands of the
United States except for the purposes and uses above stated, is liable to punishment
therefor under section 2461 Bevised Statutes, both civilly and criminally.
Very respectfully, N. C. MCFARLAND
Commissioner.
DEPARTMENT OF THE INTERIOR,
October 12, 1882.
The foregoing is hereby approved.
H. M. TELLER,
Secretary.
MEASURE OF DAMAGES TO WIHICH THE GOVERNMENT IS ENTITLED FOR TIMEER TRES-
PASS.
The following circular relative to the manner of ascertaining the damages to which
the Government is entitled under the several cases set forth, is based upon the decision
of the United States Supreme Court, at its October term, 1882, in the case of Wooden-
ware Company vs. The United States (106 U. S., 432):
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
Washington, D. C., March 1, 1883.
SPECIAL TIMBER AGENTs, GENERAL LAND OFFICE,
GENTLEMEN: Respecting the measure of damages to which the Government is
entitled in settlement for timber trespass upon the public domain, the United States
Supreme Court has recently decided that—
1. Where the trespasser is a knowing and willful one, the full value of the property
at the time and place of demand, with no deduction for labor and expense of the
defendant, is the proper rule of damages.
2. Where the trnspasser is an unintentional or mistaken one or an innocent pur-
chaser from such a trespasser, the value of the timber at the time when first taken by
the trespasser, or if it has been converted into other material, its then value, less what
the labor and expense of the trespasser and his vender have added to its value, is the
proper rule of damages.
3. Where a person or corporation is a purchaser without notice of wrong from a
willful trespasser, the value at the time of purchase should be the measure of damages.
You will, therefore, in cases where settlement is contemplated, state the facts and
circumstances attending the cutting and the purchase of the timber, in such clear
andtº its manner that the Supreme Court decision, above referred to, can be readily
applied.
In cases where settlement with an innocent purchaser of timber cut unintention-
ally, through inadvertence or mistake, is contemplated, you are instructed to report
as nearly as possible the damage to the Government as measured by the value of the
timber before cutting.
Very respectfully,
N. C. McFARLAND,
Commissioner.
DEPARTMENT OF THE INTERIOR,
Approved. March 1, 1883.
H. M. TELLER,
Secretary.
1078 REGULATIONS FOR PROTECTION OF TIMBER.
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
Washington, D. C., April 5, 1883.
TO REGISTERS AND RECEIVERS UNITED STATESLAND OFFICES, AND SPECIAL AGENTS:
GENTLEMEN: You are instructed to circulate the following notice in your district:
NOTICE RELATIVE TO UNLAWFUL INCLOSURES OF PUBLIC LANDS.
In view of the numerous complaints of the unlawful inclosures of public lands for
stock range purposes, and consequent impediment to settlements, all persons are
hereby notified as follows:
The public lands are open to settlement and occupation only under the public land
laws of the United States, and any unauthorized appropriation of the same is trespass.
Such trespass is equally offensive to law and morals as if upon private property.
The fencing of large bodies of public land beyond that allowed by law is illegal,
and against the right of others who desire to settle or graze their cattle on the inclosed
tracts.
Until settlement is made, there is no objection to grazing cattle or cutting hay on
Government land, provided the lands are left open to all alike.
Graziers will not be allowed, on any pretext whatever, to fence the public lands and
thus practically withdraw them from the operation of the settlement laws.`
This Department will interpose no objections to the destruction of these fences by
persons who desire to make boma fide settlement on the inclosed tracts, but are pre-
vented by the fences, or by threats or violence, from doing so.
The Government will take proper proceedings against persons unlawfully inclosing
tracts of public land whenever, after this notice, it shall appear that by such inclos-
ures they prevent settlements on such lands by others who are entitled to make set-
tlement under the public land laws of the United States.
Very respectfully,
- N. C. McFARLAND,
Commissioner.
DEPARTMENT OF THE INTERIOR,
April 5, 1883.
H. M. TELLER,
Secretary.
Approved.
FORMS PRESCEIBED BY THIS OFFICE FOR THE OFFICIAL. USE OF
&PECIAL TIMBER AGENTS.
1.
OATH OF OFFICE.
I, - , do solemnly that I have never voluntarily borne arms against
the United States since I have been a citizen thereof; that I have voluntarily given
no aid, countenance, counsel, or encouragement to persons engaged in armed hostility
thereto; that I have neither sought nor accepted, nor attempted to exercise the func-
tions of, any office whatever, under any authority, or pretended authority, in hostility
to the United States; that I have not yielded a voluntary support to any pretended
government, authority, power, or constitution within the United States, hostile or
inimical thereto. And I do further that, to the best of my knowledge and ability,
I will support and defend the Constitution of the United States against all enemies,
foreign and domestic; that I will bear true faith and allegiance to the same; that I
take this obligation freely, without any mental reservation or purpose of evasion;
and that I will well and faithfully discharge the duties of the office on which I am
about to enter, so help me GOD. $.
Sworn to and subscribed before-me this-day of =r:A:D.188—.
FORMS USED BY TIMBER AGENTS. 1079
2.
WEEKLY REPORT.
—, special agent G. L. O., for week commencing the – day of
Report of
ep —, 188—, and ending the – day of , 188–.

Nature of business.
Name of place vis: | NoTE.—When the nature of business requires a
ited. more extended explanation than the space al-
lotted to each day permits, state same in an
accompanying letter. -
Day of week.
#
-wºr-
Monday -----
Tuesday-----
Wednesday..
Thursday -- .
ww.
- ºr º º ºs º º sº dº º cº- ºr 188, I, , a special agent of the General Land Office,
- * ~ * > t > - º 'º - (- - & º ºs 4- tº º do hereby certify that I have performed the services stated,
- º 'º - sº tº de Gº & Cº º ºs e º ºs º º tº and that the above report is correct.
gººmsº
special Agent.
(NOTE.-Date, place, and State above.)
3.
VOUCHER FOR BOARD AND LODGING,
(4–158.)
No. —.]
Received, —, 188—, from , special agent General Land Office,
dollars for board and lodging from to , 188—, inclusive, — days,
at $– per day.
Post Office: — — —.
4.
VOUCHER FOR SPECIAL TRANSPORTATION.
(4–159.)
No. —.]
Received, —, 188—, from , special agent General Land Office,
dollars for hire of — horse— and — wagon, with — driver, —cluding
expenses, from to , distance iles; from to —, 188—,
inclusive, days, at $ — per day.
© Name: -a,
Post Office: — —.
1080 FORMS USED BY TIMBER AGENTS.
5.
VOUCHER FOR MISCELLANEOUS (AUTHORIZED) EXPENDITURES.
(4–160.) .
No. —. T Authorized —, 188—.
Received, —, 188—, from — , special agent General Land Office,
dollars for — from to ; 188—, inclusive, days, at $–
per day. ~. - +
$ tº Name: e
Post Office: — —.
6.
RAILROAD TRANSPORTATION ORDER,
It is not deemed necessary to give the form of transportation order here, as such an
order, to be valid, must first be signed by the honorable Commissioner of the General
Land Office, and the occasion can never arise where it will be necessary or proper for
a special agent to draft such an order, should his supply be exhausted.
7.
PHYSICLAN’s CERTIFICATE, IN CASE of SICKNESS FOR A PERIOD ExCEEDING Two
CONSECUTIVE DAYS,
(Give post-office address and date:)
9
2
—, 188–.
I hereby certify that I am a regularly practicing physician, and as such rendered
continuous service to from to , 188—, inclusive; and that it
is my professional opinion that he was, in consequence of sickness, unable to attend
to ordinary business from to , 188—, inclusive. M. D.
3 * * * *
I do certify on oath to the above facts.
ºmmº
Special Agent.
Sworn to and subscribed before me this
day of , 188—.
Notary Public.
8.
REPORT OF TIMBER TRESPASS.
It is not deemed necessary to print the form of report here, as all the requirements
are embodied under the head of “Manner of making report of timber trespass,”
pages – to —.
9.
RELEASE OF THMBER OR LUMBER.
I, -— ——, a member of the firm of — -, do hereby certify that —
engaged in the business of ; that—place of business is at , county—-
of ; that during the months of and , 18—, purchased or be-
came possessed of , which is now lying at ; that at the time said
— had no knowledge or information that the same was cut from Government land,
but had taken ...i. precautions to satisfy — to the contrary, having
Inow informed, and have satisfied — that said was unlawfully cut from
during the years 18– and 18—, and being desirous of restoring said property to its
rightful owner, and of avoiding any legal proceedings in the premises, – do hereby
voluntarily relinquish and release to the United States all right, title, and
interest in and to said ; and in consideration of said release and the circum-
stances above set forth ask that be relieved from all further liability in
the premises.
for –—.
Subscribed and sworn to before me this — day of , 188—.
It wal.] - -º-e
sº
FORMS USED BY TIMBER AGENTS. 1081
10.
PROPOSITION OF SETTLEMEET.
gºmºsºmºmº,
——, is8-.
Honorable CoMMISSIONER of THE GENERAL LAND OFFICE,
Washington, D. C., —, -:
SIR: I, , a member of the firm of , engaged in the business
of , at , county of , in the of , do hereby represent and
Certify that, during the months of and , 188—, — certain timber con-
sisting of , said timber now lying ; and that said timber was cut
from the following described Government lands, and was by under the
following circumstances:
— further certify that the value of said timber in the position and condition it was
in when first informed or became aware that the same was cut from Government
land was $– per — ; that at the time it was cut, the value of the same standing
in the tree was $– per ; that the value when felled and cut up into logs was
$— per , and the market value of the same at the boom or mill yard was
$— per now informed by ——, a special timber agent of your office,
that liable to and prosecution for the value of said timber and
the damages sustained by the Government, the same having beenunlawfully cut from
Government land.
As an acknowledgment of the rights of the Government in the premises, and for the
purpose of avoiding litigation, hereby offer to pay unto the United States in
settlement for said the sum of , being at th. rate of $– per for
said timber, said payment to be made to the receiver of public moneys at , or
in such other manner as you may direct, within days from the date of notifica-
tion of acceptance of this proposition, and in consideration of such payment, and the
circumstances hereinbefore set forth, I respectfully ask that I be relieved from
or from any further liability in the premises.
. for
1subscribed and sworn to before me, , at , this — day of 9
9
issal.]
11.
AFFIDAVIT WHERE LAND IS MINERAL.
I, , a resident of , county of , in the of , do
hereby certify that I am well acquainted with the character of the land described as
, situated in the – of , upon which it is alleged that , a.
resident of , county of , in the ..of , has cut and removed or
caused others to cut and remove timber to the extent of ; that my personal
knowledge of said land is such as to enable me to testify understandingly with regard
thereto; that there is to my certain knowledge within the limits thereof certain veins
or lodes of quartz or other rock in place bearing or other valuable mineral de-
posit; that the said lands are indisputably mineral in character and not subject to
entry under existing laws of the United States except for mineral entry, that said
lands are not solely valuable for the timber thereon, and are unfit for agricultural
purposes or for cultivation.
, this — day of 2
Subscribed and sworn to before me, , at
[SEAL.]
12.
AFFIDAVIT WHERE LAND IS NON-MINERAL.
I, , a resident of , county of , in the of , do
hereby certify that I am well acquainted with the character of the land described as
, situated in the of , upon which it is alleged that , &
resident of county of , in the Of , has cut or removed or
caused others to cut and remove timber to the extent of — ; that my personal
knowledge of said land is such as to enable me to testify understandingly with regard
thereto; that there is not, to my certain knowledge, within the limits thereof, any
1082 DECISIONS AND OPINIONS-STONE AND TIMBER ACTs.
vein or lode of quartz or other rock in place .# gold, silver, copper or other val-
uable mineral deposit; that said land is indisputably non-mineral in character valua-
ble for and subject to entry under existing laws of the United States for
Subscribed and sworn to before me,
, at
, this — day of j
issal.]
*
e
IDECISIONS AND OPINIONS.
For decisions and opinions under the stone and timber and timber acts of June 3, 1878,
and generally as to timber on the public lands, see United States Land Laws, general and
permanent, to December 1, 1880. “Public Land Commission, chapter 9, pages 95–106;”
also annual Report Commissioner General Land Office, 1880–81, and also see “Decis-
ions of the Department of the Interior and General Land Office on cases relating to
lands and land claims, from July, 1881, to June, 1883,” pages 600–640, and especially
circular of General Land Office of June 30, 1882, and modifying circular of March
3, 1883, approved March 5, as to construction of act of June 3, 1878, and as to the act
of March 3, 1875 (18 Stat., p. 482), granting the right to right of way railroads of
taking from the public lands material, earth, stone, and timber necessary for the con-
struction of said railroads.
TIMBER LANDS ON THE PUBLIC DOMAIN.
TO DECEMBER 1, 1883.
The public domain States and Territories containing timber lands the property of
the Nation, are Florida, Alabama, Mississippi, Louisiana, Arkansas, Michigan, Wis-
consin, Missouri, Minnesota, California, Oregon, and Nevada, and the Territories of
Dakota, Montana, Washington, Idaho, Arizona, New Mexico, Utah, and Wyoming.
The estimated area remaining December 1, 1883, was about 73,000,000 of acres, ex-
clusive of Alaska. Much of this area is, however, over mineral lands, and eight-tenths
of it lying west of the Mississippi River.
See map of (approximate) area and location of public timber lands facing this page.
RECOMMENDATION OF THE PUBLIC LAND COMMISSION,
The Public Land Commission, in its preliminary report of February 25, 1880, in sug-
gesting legislation for the timber lands of the United States, said:
SALE OF TIMBER,
By the proposed classification of public lands “all lands, excepting mineral, which
are chiefly valuable for timber of commercial value for sawed or hewed timber, shall
be classified as timber lands.”
By this classification all timber-bearing lands which are mineral or agricultural,
and all lands bearing timber which does not possess value for sawed or hewed timber,
are excluded from the classification as timber lands.
Timber lands, as thus defined, comprise a comparatively small area. In Arkansas,
Louisiana, Mississippi, Alabama, and Florida, but little, if any, lands will fall under
the classification.
There may be small areas in Michigan, Wisconsin, and Minnesota, which should
come under the classification, but the existence of such tracts is a matter of doubt,
and consequently the classification will probably only include lands in the Territories
and Pacific States.
In presenting a proposed law for the sale of timber and the retention of the soil, it
becomes necessary to give, as briefly as may be consistent with the importance of the
subject, the reasons for the departure from the custom of selling the soil.
The most valuable timber in the Territories, and in the States on the Pacific coast,
grows upon lands possessing very little, if any, value for agricultural purposes.’
Large areas of the land in the Territories and Pacific States are either known or
supposed to be more valuable for minerals than for any other purpose. Where the
mineral character of the land is known, it is, of course, sold as mineral, with no re-
gard to the value of timber.
The rate of consumption and the destruction of timber by fires in the United States
have been so great during the past twenty-five years as to cause alarm, not only on
RECOMMENDATION OF PUBLIC LAND COMMISSION. 1083
the part of thoughtful men at home, but in all countries not producing timber supplies
equal to their wants.
The area of timber land, according to the classification, is small, and its retention
by the Government neither withdraws nor withholds agricultural lands from settle-
ment.
The commission is of the opinion that the provision for the sale of the timber upon
alternate sections only, and reserving all which is less than eight inches in diameter,
as well as the fee in the soil, will result in the maintenance and reproduction of the
forest. The experiment is at least well worth trying.
Referring to the necessity for the legislation recommended, or some other, it is
proper to say that much difficulty is encountered in trying to suppress depredations
upon the timber on the public lands. The difficulties arise from a variety of causes,
chief among which has been and still is the impossibility of purchasing, in a straight-
forward, honest way from the Government either timber or timber-bearing lands.
Until a very recent date, no public lands in the States of Arkansas, Louisiana, Mis-
sissippi, Alabama, or Florida could be procured in any other manner than by a compli-
ance with the homestead law. This condition of the law was the primary cause of thou-
sands of fraudulent homestead entries. It was no uncommon thing for one person or one
firm engaged in the timber or turpentine trade to procure to be made large numbers
of homestead entries with apparently no intention of complying with the law. So
far as relates to the States mentioned this condition no longer exists, as the lands have
all been brought into market under the act of June 22, 1876, and rendered subject to
sale at $1.25 per acre at private entry, and consequently depredations on the timber in
those States i. to a very great extent, ceased.
Until the passage of the act of June 3, 1878, entitled “An act for the sale of timber
lands in the States of California, Oregon, Nevada, and in Washington Territory,”
there was no manner by which timber or timber lands in either of the States or the
Territory mentioned could be obtained excepting by settlement under the homestead
and pre-emption laws, and by the location of certain kinds of script and additional
homestead rights, which cost several dollars per acre.
Settlements upon timber-bearing lands in the States and Territory mentioned in the
act, under the homestead and pre-emption laws, are usually a mere pretense for get-
ting the timber. Compliance with those laws in good faith where settlements are made
on lands bearing timber of commercial value is wellnigh impossible, as the lands in
most cases possess no agricultural value, and hence a compliance with the law re-
quiring cultivation is impracticable.
The commission visited the red-wood producing portion of the State of Cali-
fornia, and saw little huts or kennels built of “shakes” that were totally unfit for
human habitation, and always had been, which were the sole improvements made
under the homestead and pre-emption laws, and by means of which large areas of red-
wood forests, possessing great value, had been taken under pretenses of settlement
, and cultivation which were the purest fictions, never having any real existence in fact,
but of which “due proof” had been made under the laws. e
In some sections of timber-bearing country where there should be, º to the
“proofs” made, large settlements of industrious agriculturists engaged in tilling the
soil, a primeval stillness reigns supreme, and solitude heightened and intensified by the
grandeur of high mountain peaks, where farms should be according to Proofs made,
the mythical agriculturist having departed after making his “final proof” by perjury,
which is an unfavorable commentary upon the operation of purely beneficent laws.
The law of June 3, 1878, is onerous, and ameliorates the condition existing before
its passage but very little, if any ; something further is necessary.
Another act was approved on the 3d of June, 1878, entitled “An act authorizing the
citizens of Colorado and the Territories to fell and remove timber on the public do-
main for mining and domestic purposes,” by the provisions of which settlers and
i. persons may take timber for mining and agricultural purposes from mineral
S.
The provisions of this law, when understood, mean but very little. Timber may be
taken from mineral lands. Perhaps not one acre in five thousand in the State and Terri-
tories named is mineral, and perhaps not one acre in five thousand of what may be
mineral is known to be such. The benefit of this law to the settlers is better under-
stood when these facts are known.
The whole subject-matter of existing laws in relation to the sale or disposal of timber-
bearing lands may be briefly stated, as follows:
Timberlands in the States of Arkansas, Louisiana, Mississippi, Alabama, and Florida
may be bought for cash by any persons in any quantities, or may be taken under the
homestead and pre-emption laws. (In effect June 30, 1883.)
In such parts of the States of Michigan, Wisconsin, Minnesota, and Missouri as con-
tain public lands, which are at the same time agricultural and timber lands, the title
may be obtained only under the homestead and pre-emption laws.
There is no way provided by law for disposing of lands which are chiefly valuable
1084 ENTRY OF STONE AND TIMBER LANDS.
for timber of commercial value in those States, as it must be conceded by all that the
homestead and pre-emption laws apply only to lands valuable for agriculture. ..
In the States of California, Oregon, and Nevada, and in Washington Territory, timber
lands can be bought by certain persons, under certain onerous conditions, in quanti-
ties not exceeding one hundred and sixty acres. e
In the States of Nevada (both the laws approved June 3, 1878, are applicable to this
State) and Colorado, and in all the Territories except Washington, any person may
cut and remove all the timber he may need for mining and domestic purposes from
mineral land. This law, strictly observed, would not confer any benefit upon one in
one thousand of the inhabitants. There is no other law by or under which timber or
timber lands can be procured in the States and Territories last above named.
The population of two States and seven Territories should not longer be compelled
by the laws of the country to be trespassers and criminals on account of taking the
timber necessary to enable them to exist, as is the condition to-day, and as it has been,
according to law, ever since settlements were commenced, or since the policy of selling
lands for cash has been abandoned by the Government. e
If the bill proposed by the commission should become a law, timber upon agricult-
ural lands may be taken with the land, under the homestead law; timber or past-
urage land may be taken under the law for sale or pasturage land, and also under
pasturage homesteads; and timber may be taken from any land not classified as timber
or agricultural land by all citizens and others requiring its use. Under the chapter of
the act referring specifically to the sale of timber, the timber upon alternate sections
of the timber lands may be bought without the soil. These provisions, together with
the law as it now stands in reference to the States of Arkansas, Louisiana, Mississippi,
Alabama, and Florida, will place all the public timber land of the United States under
laws for disposal to persons requiring it, excepting the timber upon alternate Sections
of the lands embraced under the classification of timberlands, and thus make it poe-
sible for all persons, in every part of the country, to get timber or timber land, and
at the same time making some provision for the retention of the timber on a part of
the land and the reproduction of it upon another small portion. &
For a thorough discussion of the question, and much valuable information relating
thereto, see the testimony attached to and with the Preliminary Report of the Public
Land Commission, 668 pages, Ex. Doc. 46, Forty-sixth Congress, second session.
STONE AND TIMBER LANDS.
£) tº iº $º Cº ſº {}
Act of June 3, 1878.
INDIVIDUAL ENTRY.
IN EFFECT DECEMBER 1, 1883.
[From Regulations of General Land Office, October 1, 1880.]
The first, second, and third sections of the act of Congress of June 3, 1878, provide
for the sale of surveyed lands in California, Oregon, Nevada, and in Washington Ter-
ritory not yet proclaimed and offered at public sale, valuable chiefly for timber and
stone, unfit for cultivation, and consequently for disposal under the pre-emption and
homestead laws. When a party applies to purchase a tract thereunder, the register
and receiver will require him to make affidavit that he is a citizen of the United
States by birth or naturalization, or that he has declared his intention to become a
citizen under the naturalization laws. If native born, parol evidence of that fact
will be received. If not native born, record evidence of the prescribed qualification
must be furnished. In connection there with, he will be required to make the sworn
statement in duplicate, according to the attached form, No. 4-537, as provided for in
the second section of the act. One of the duplicate statements filed in each is by the
act required to be transmitted to this office, and the registers and receivers will accord-
ingly send up with their monthly returns the duplicate statements to be transmitted
for the month.
The evidence in regard to the publication of notice required to be furnished, in the
third section of the act, must consist of the affidavit of the publisher or other person
having charge of the newspaper in which the notice is published, with a copy of the
notice attached thereto, setting forth the nature of his connection with the paper, and
that the notice was duly published for the prescribed period. The evidence required
in the same section with regard to the non-mineral character of the land, and its un-
occupied and unimproved condition, must consist of the testimony of at least two
disinterested witnesses, to the effect that they know the facts to which they testify
from personal inspection of the land and of each of its smallest lega} subdivisions, as
per form attached, No. 4+371. This testimony may be taken before the register or
FoRMS AND METHOD OF STONE AND TIMBER ENTRY. 1085
receiver, or any officer using an official seal and authorized to administer oaths in the
land district in which the #. lies. Upon such proof being produced, if no adverse
claim shall have been filed, the entry applied for may be allowed in pursuance of the
provisions of the act. The receiver will issue his receipt for the purchase money, and
the register his certificate of purchase, numbering the entry in the regular cash series.
(Forms of application, receipt, and certificate are attached, Nos. 4–001, 4–131, and
4-189.) The register and receiver will enter the sale on their books, and make the
usual returns therefor to this office, noting on the monthly abstracts, opposite the
entry, and on the entry papers, a reference to the act of Congress under which allowed.
They will forward all the papers in the case with their returns to this office, except
the retained duplicate statement filed under the second section of the act, to which
the register will give the same number with the other papers for the entry, and retain
it:pm the appropriate file with the formal application in his office.
he register and receiver will be entitled to a fee of five dollars each for allowing
an entry under said act, and jointly at the rate of twenty-two cents and a half per
hundred words for testimony reduced by them to writing for claimants, which will
be accounted for as other fees.
If, at the expiration of the sixty days' notice provided for in the third section of the
act, an adverse claim should be found to exist calling for an investigation, the register
and receiver will allow the parties a hearing according to the rules of practice.
ENTRY BY AN ASSOCIATION OF PERSONS.
In case of an association of persons making application for such an entry, each of
the persons must prove the requisite qualifications, and their names must appear in
and be subscribed to the sworn statement, as in case of an individual person. They
must also unite in the regular application for entry, which will be made in their joint
names as in other cases of joint cash entry. The forms prescribed for cases of appli-
cations by individual persons may be adapted for use in applications of this class.
* º $3.
ForMs USED IN AND METHOD of ENTRY or LANDs UNDER STONE AND TIMBER Act
OF JUNE 3, 1878.
IN EFFECT DECEMBER 1, 1883.
Sworn statement of applicant.
Notice of application. Evidence of posting and publishing.
Testimony of two witnesses, taken separately.
Cash application by applicant. *
Receiver's eash (final) receipt. In duplicate.
Register's cash (final) certificate. In duplicate.
AREA AND QUALITY THAT CAN BE ENTERED.
Act only applies to California, Oregon, Nevada, and Washington Territory.
Lands must be valuable chiefly for timber or stone. Citizens, or those who have
declared their intention to become such, can buy 160 acres, or less, at $2.50 per acre.
FORMS USED IN DISTRICT LAND OFFICE.
[Furmished free.]
ENTRY-HOW MADE.
Application to purchase.
[Made at District Land Office, and in duplicate.]
[No. 4–537.]
TIMBER AND STONE LANDS—ACT OF JUNE 3, 1878.
Sworn 8tatement.
LAND OFFICE AT 3.
- (Date) , 18–.
1, —, of — county, —, desiring to avail myself of the provisions of
the act of Congress of June 3, 1878, entitled “An act for the sale of timber lands in the
States of California, Oregon, Nevada, and in Washington Territory,” for the purchase
of the – of section —, township —, of range —, do solemnly — that I* —;
&– wº-
*In case the party has been naturalized, or has declared his intention to become a citizen, a certified
copy of his certificate of naturalization or declaration of intention, as the case may be, must be fur-
nished.
.*
1086 FoEMS AND METHOD of STONE AND TIMBER ENTRY.
that the said land is unfit for cultivation, and valuable chiefly for its —; that it is
uninhabited; that it contains no mining or other improvements —; nor, as Iverily
believe, any valuable deposit of gold, silver, cinnabar, copper, or coal; that I have
made no other application under said act; that I do not apply to purchase the land
above described on speculation, but in good faith to appropriate it to my own exclu-
sive use and benefit; and that I have not, directly or indirectly, made any agreement
or contract, in any way or manner, with any person or persons whomsoever, by which
the title which I may acquire from the Government of the United States may inure
in whole or in part to the benefit of any person except myself.
Sworn to and subscribed before me this — day of —, 18–.
NOTICE OF APPLICATION,
Posting and publishing.
Register posts a notice of the land applied for, giving description, in his office for
sixty days. Applicant receives a copy for publication in a newspaper nearest the
location of the lands. Must be published for sixty days, and then proof of publica-
tion be filed, viz: Affidavit of publisher or foreman of paper in which published,
with copy of notice as published attached. Claimant then produces two witnesses,
whose testimony is taken as to the character of the land, as follows:
[No. 4–371.]
(The testimony of two witnesses, in this form, taken separately, required in each case.)
(May be taken before register and receiver, or before officer with a seal in land district in
which the land is 8ituated.)
TIMBER AND STONE LANDS—ACT OF JUNE 3, 1878.
Testimony of witness.
, being called as a witness in support of the application of
to purchase the – of section —, township —, of range —, testifies as
follows:
Ques. 1. What is your post-office address, and where do you reside?
Ans. te
Ques. 2. What is your occupation?
Ans. gº
Ques. 3. Are you acquainted with the land above described by personal inspection
of each of its smallest legal subdivisions? -
Ans. ſº
Ques. 4. When and in what manner was such inspection made?
Ans. &
Ques. 5. Is it occupied; or are there any improvements on it not made for ditch or
canal purposes, or which were not made by, or do not belong to, the said applicant }
Ans. † to
3. 6. Is it fit for cultivation ?
S. g
Ques. 7. What causes render it unfit for cultivation?
8. e
Ques. 8. Are there any salines, or indications of deposits of gold, silver, cinnabar,
copper, or coal on this land? If so, state what they are, and whether the springs or
mineral deposits are valuable.
Ans. { }
Ques. 9. Is the land more valuable for mineral or any other purposes than for the
timber or stone thereon, or is it chiefly valuable for timber or stone?
Ans. ſº
Ques. 10. From what facts do you conclude that the land is chiefly valuable for
timber or stone? -
Ans. & -
Ques. 11. Do you know whether the applicant has directly or indirectly made any
agreement or contract, in any way or manner, with any person whomsoever, by which
the title which he may acquire from the Government of the United States may inure,
in whole or in part, to the benefit of any person except himself?
FORMS AND METHOD OF STONE AND TIMBER ENTRY. 1087
Ques. 12. Are you in any way interested in this application, or in the lands above
described, or the timber or stone, salines, mines, or improvements of any description
whatever thereon 3
Ans.
I hereby certify that witness is a person of respectability; that each question and
answer of the foregoing testimony was read to — before — signed — name thereto,
and that the same was subscribed and sworn to before me this — day of —, 18–.
7
NOTE.-The officer before whom the testimony is taken should call the attention of
the witness to the following section of the Revised Statutes, and state to him that it
is the purpose of the Government, if it be ascertained that he testifies falsely, to
prosecute him to the full extent of the law.
“TITLE LXX.—CRIMES.–CH. 4.
“SEC. 5392. Every person who, having taken an oath before a competent tribunal,
officer, or person, in any case in which a law of the United States authorizes an oath
to be administered, that he will testify, declare, depose, or certify truly, or that any
written testimony, declaration, deposition, or certificate by him subscribed is true,
willfully and contrary to such oath states and subscribes any material matter which
he does not believe to be true, is guilty of perjury, and shall be punished by a fine of
not more than two thousand dollars, and by imprisonment, at hard labor, not more
than five years, and shall, moreover, thereafter be incapable of giving testimony in
any court of the United States until such time as the judgment against him is re-
versed.” [See sec. 1750.] º
CASH ENTRY NOW ALLOWED.
No adverse claim having been filed, cash entry is now allowed. Reference to the
act of Congress under which made will be made on office books and abstracts, and
also across the face of the papers.
[No. 4–001.]
CASH APPLICATION.
No. —. LAND OFFICE AT y -
(Date) , 18—.
I, , of — county, —, do hereby apply to purchase the – of sec-
tion —, in township —, of range —, containing acres, according to the
returns of the surveyor-general, for which I have agreed with the register to give at
the rate of — per acre.
I, - , register of the land office, at —, do hereby certify that the lot
above described contains — acres, as mentioned above, and that the price agreed
upon is — per acre. e
, Register.
[No. 4–131.]
RECEIVER'S CASH RECEIPT.
(Issued in duplicate, one for applicant and one for the files.)
No. te RECEIVER'S OFFICE AT —,
(Date) , 18–.
Received from , of — county, -, the sum of — dollars and —
cents; being in full for the – quarter of section No. —, in township No. —, of
range No. —, containing — acres and — hundredths, at $– per acre. •
, Receiver.
§—. [No. 4–189.]
REGISTER’s FINAL OR CASH CERTIFICATE.
(Issued in duplicate, one for purchaser and one for the files.)
No. —. LAND OFFICE AT y
(Date) , 18–.
It is hereby certified that, in pursuance of law, , of — county, State
of −, on this day purchased of the register of this office the lot or – of section
1088 TIMBER CULTURE.
No. —, in township No. —, of range No. —, containing — acres, at the rate
of— dollars, and — cents per acre, amounting to — dollars and – cents, for
which the said ha— made payment in full as required by law.
Now, therefore, be it known that on presentation of this certificate to the Commis-
Sioner of the General Land Office, the said shall be entitled to receive a
patent for the lot above described.
, Register.
The papers are now [at end of month] transmitted to the General Land Office for
approval and patent.
TIMEER CULTURE.
[See Chapter XXIV, pages 360–362, 1289.]
To JUNE 30, 1882.
Under the several timber-culture acts from March 3, 1873, to June 30, 1882, there
have been 90,757 original entries made, containing 13,657,146.47 acres; 165 final entries,
containing 23,371.12 acres, have been made.
Mr. Commissioner McFarland, in his annual report for 1882, speaking of the timber-
culture acts, says: jº
The utility of the timber-culture law as an inducement to the cultivation of trees
that would not otherwise be planted has sometimes been questioned, since settlers
under the homestead law in treeless regions find it one of the necessities of the situa-
tion to set out and cultivate trees, and their interest to do this is a usual guaranty
that it will be done. At the same time, I am not inclined to recommend the repeal
of a law of so beneficent an intention as the timber-culture act. But I deem it incum-
bent upon me to refer to the abuses to which it is subject.
This act does not operate in the five Southern public-land States, except a few
entries in Arkansas.
AUTHORITIES AND REFERENCES,
See page 683 for Mr. Commissioner McFarland's recommendations as to this law,
of date February 11, 1883, also showing abuses of it; also see page 681; see also
“Timber-Culture” Decisions of the Department of the Interior and General Land Office
from July, 1881, to June, 1883;” see also title “Timber or Timber-Culture,” page 95:
“General and Permanent Land Laws, 1880,” and Annual Reports of Commissioner of
the General Land Office for the years 1873, '74, '75, '76, ’77, '78, '79, '80, and '81.
AREA ENTERED UNDER TIMBER-CULTURE LAw.
From 1873 to June 30, 1882, 90,757 individual entries were made under this law, con-
taining 13,657,146.47 acres, an area about equal to the total surface of the States of
New Hampshire, Massachusetts, Rhode Island, and Delaware. During this time but
165 entries have been consummated, containing 23.571.12 acres.
This act has been denounced by officers charged with its execution, and by special
examiners, as one generally used for the benefit of fraudulent enterers and grabbers.
Its practical utility is questionable, and thus far it has been used mostly by speculators
intent on acquiring large tracts of public lands, - This law, in practice, is not for the
real benefit of the actual settler or the nation. *g
TIMBER CULTURE ENTRIES TO JUNE 30, 1882.
1089

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TIMBER culturE ENTRY-FORMS AND METHOD. 1091
TIMBER CULTURE ENTRIES-HOW MADE, AND FORMS.
FoEMS USED IN TIMBER-CULTURE ENTRIES.
[Furnished free at district land offices.]
IN EFFECT DECEMBER 1, 1883.
IN FIRST INSTANCE, OR ORIGINAL ENTRY.
Application of person, with register's certificate.
Affidavit of applicant.
Non-mineral affidavit of applicant.
Receiver's receipt in duplicate.
FINAL ENTRY.
Final affidavit by claimant.
Proof testimony of claimant.
Proof testimony of witnesses, two taken separately.
Receiver's final receipt, in duplicate, one for claimant, one for files.
Register's final certificate, in duplicate, one for claimant, one for the files.
ENTRY CAN BE MADE BY WHOM #
By any person, a citizen, or who has declared his or her intention to become such
above the age of twenty-one years. The head of a family or a single person, male or
female, or a widow, or a woman the head of a family by reason of desertion by her
husband.
CIRCULAR INSTRUCTIONS RELATIVE TO ENTRIES UNDER THE TIMBER
CULTURE LA W.
IN EFFECT DECEMBER 1, 1883.
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
Washington, D. C., March 20, 1883.
TO REGISTERS AND RECEIVERS:
GENTLEMEN: You are instructed to deliver to applicants for land under the timber-
culture act a copy of this circular, and to especially call the attention of the applicant
to the requirements of the law under which the application is made.
RESIDENCE OF APPLICANT.
1. The applicant must in every case state in his application his place of actual residence,
and the post-office address to which notices of contest or other proceedings relative to
his entry shall be sent. *
SECOND FILINGS AND ENTRIES.
. . .2. A party making a legal filing or entry under any one of the foregoing acts exhausts
º under that act and cannot thereafter make another filing or entry under
Sabl[l & Clj.
ALTERATIONS IN APPLICATIONS.
3. Applications to amend filings or entries should be filed with the register and re-
ceiver and be by them transmitted for the consideration of this office. Registers and
receivers will not change an entry or filing so as to describe another tract or change a
date after the same has been recorded.
RELINQUISEIMENTS.
4. Entries and filings made for the purpose of holding the land for speculation and
the sale of relinquishments are illegal and fraudulent, and every effort in the power of
the Government will be exerted to prevent such frauds and to detect and punish the
perpetrators.
5. The first section of the act of May 14, 1880, provides that when a pre-emption
homestead, or timber-culture claimant shall file a wiitten relinquishment of his claim
in the land office, the land covered by such claim shall be held as open to settlement
1092 TIMBER CULTURE ENTRY-FORMS AND METHOD.
and entry without further action on the part of the Commissioner of the General Land
, Office.
6. This act refers to boma fide relinquishments of bona fide entries. An entry fraud-
ulent in its inception is not an entry capable of being relinquished. . It is an entry to
be canceled upon a proper showing of the facts and circumstances of the case, where-
upon the land will become subject to proper entry by the first legal applicant.
7. Purchasers of relinquishments of fraudulent filings or entries should understand
that they purchase at their own risk so far as the United States is concerned, and
must seek their own remedies under local laws against those who, by imposing such
relinquishments upon them, bave obtained their money without valuable considera-
tion. *
THE TIMEER-CULTURE ACT.
60. A timber culture applicant is required to make oath that his entry is made for
the cultivation of timber and for his own exclusive use and benefit; that he makes
the application in good faith and not for the purpose of speculation, nor directly or
indirectly for the use or benefit of any other person or persons whomsoever; and that
. * to hold and cultivate the land and to wholly comply with the provisions
of the act.
61. Claimants under the timber culture act will be held to a strict compliance with
the terms and conditions of the law.
62. Not more than one-quarter [or 160 acres] of any section can be entered under
this act. g
63. Where 160 acres are taken, at least five acres must be plowed within one year
from date of entry. The following, or second year, said five acres must be actually
cultivated to crop or otherwise, and another five acres must be plowed. The third
year the first five acres must be planted to trees, tree seeds, or cuttings, and the second
five acres actually cultivated to crop or otherwise. The fourth year the second five
acres must be planted to trees, tree seeds, or cuttings, making, at the end of the fourth
year, ten acres thus planted to trees.
64. Perfect good faith must at all times be shown by claimants. Trees must not
only be planted, but they must be protected and cultivated in such manner as to pro-
mote their growth. * -
65. Final proof may be made at the expiration of eight years from date of entry.
It must be shown that for the said eight years the trees have been planted, protected,
and cultivated as aforesaid; that not less than 2,700 trees were planted on each of
the ten acres, and that at the time of making proof there are growing at least six
hundred and seventy-five (675) living thrifty trees to each acre.
66. Where less than one quarter-section of land is entered, the same proportionate
amount of plowing, planting, and cultivation of trees must be done as required in
entries of 160 acres.
67. If the trees, seeds, or cuttings are destroyed in any one year they must be re-
planted. A party will not be released from a continued attempt to promote the actual
growth of timber or forest trees. A failure in this respect will subject the entry to
cancellation.
68. Only an applicant for the land under the timber-culture or homestead laws can
institute a contest under the third section of the act of 1878.
69. Contestants have a preference right of thirty days after cancellation in which
to make entry of the land.
70. The Government will at any period, upon proper application to contest, or upon
its own information, investigate alleged fraudulent or illegal timber-culture entries,
or alleged failure to comply with the law after entry, and such entries will be canceled
upon sufficient proof either of illegality or failure to comply with the law.
71. The land-office fee for an [original] entry of more than 80 acres is $14; for 80
acres or less, $9.
CAUTION TO APPLICANTS.
Persons making filings or entries under the homestead, pre-emption, or timber-cul-
ture acts are cautioned that the laws authorize entries to be made only for the use
and benefit of the party making the same, and that entries or filings are not allowed
by law to be made for the benefit of others nor for speculation, but all entries must
be made in good faith, and the requirements of law must be honestly and faithfully
complied with.
Very respectfully,
- N. C. McFARLAND,
Commissioner.
DEPARTMENT OF THE INTERIOR,
March 20, 1883.
Approved.
H. M. TELLER,
Secretary.
DUTIES OF REGISTER IN TIMBER CULTURE ENTRIES 1093
Sections 2246, 5392, 5393, 5440, and 5479, Revised Statutes, provides for oaths and
penalties, and are published in full in the circular.
WHAT LANDS CAN BE ENTERED.
. The act of March 3, 1873, provided that an entry could be made on any quarter Sec-
tion of the public lands. -
The act of June 14, 1878, existing law, provides that lands can be entered for the
cultivation of timber which are prairie lands or other lands devoid of timber, as the
several chapter herein show. There are special laws for the disposal of desert lands,
8aline lands, town sites on the public domain, and lands which are unfit for cultivation
and valuable chiefly for timber or stone.
DUTIES OF REGISTER AND RECEIVER IN TIMBER—CULTURE ENTRIES.
[From General Land Office circular of October 1, 1880.]
IN EFFECT DECEMBER 1, 1883.
The following regulations are prescribed pursuant to the fifth section of the act of
June 14, 1878, viz:
1. The register and receiver will not restrict entries under this act to one quarter
section only in each section, as was formerly done under the acts to which this is
amendatory, but may allow entries to be made of subdivisions of different quarters
of the same section, provided that each entry hall form a compact body not exceeding
160 acres, and that not more than that quantity hall be entered in any one section.
Before allowing any entry applied for, they will, by a careful examination of the
plat and tract books with reference to any previous entry or entries within the limits of
the same section, satisfy themselves that the desired entry is admissible under this rule.
2. When they shall have satisfied themselves that the land applied for is properly
subject to such entry, they will require the party to make the prescribed affidavit and
to pay the fee and that part of the commissions payable at the date of entry, and the,
receiver will issue his receipt therefor, in duplicate, giving the party a duplicate re-
ceipt. They will number the entry in its order in a separate series of numbers, unless
they have already a series under the acts to which this act is amendatory, in which
case they will number the entry as one of that series; they will note the entry on
their records and report it in their monthly returns, sending up all the papers therein,
with an abstract of the entries allowed during the month under this act. If the affi-
davit is made before a justice of the peace, which the act admits of, his official char-
acter and the genuineness of his signature must be certified under seal.
3. When a contest is instituted, as contemplated in the third section of the act of
June 14, 1878, the contestant will be allowed to make application to enter the land.
The register will thereupon indorse on the application the date of its presentation,
and will make the application and the contestant's affidavit setting forth the grounds
of contest the basis for further proceeding, these papers to accompany the report Sub-
mitting the case to the General Land Office. Should the contest result in the can-
cellation of the contested entry the contestant may then perfect his own, but no
preference right will be allowed under this section unless application is made by hini
at date of instituting contest. But reference is here made to the subsequent act of
Congress, approved May 14, 1880, the provisions of which allowing preference rights
apply to timber-culture entries as well as to homesteads and pre-emptions. -
4. The fees and commissions in this class of entries the receiver will account for in
the usual manner, indicating the same as fees and commissions on timber, culture
entries, which will be charged against the maximum of $3,000 now allowed by law.
5. In all cases under this act it will be required that trees shall be cultivated which
shall be of the classes included in the term “timber,” the cultivation of shrubbery and
fruit trees not being sufficient. (See classes of trees before mentioned.)
- %. # - 36. jº. * % *
FORMS USED IN FIRST INSTANCE.
ORIGINAL ENTRY.
Applicant need not appear at the District Land Office; residence on the land is not requisite.
APPLICATION OF CLAIMANT.
[No. 4–009.]
TIMBER CULTURE–ACT OF JUNE 14, 1878.
Application No. —.
I, - , hereby apply to enter, under the provisions of the act of June 14,
1878, entitled “An act to amend an act entitled ‘An act to encourage the growth of
1094 TIMBER CULTURE–FORMS USED IN ENTRY,
timber on the Western prairies,” the – of section —, in township —, of range
–, containing — acres.
*
LAND OFFICE AT ——,
(Date) —— 18—. .
3. , register of the Land Office, do hereby certify that the above appli-
cation is for the class of lands which the applicant is legally entitled to enter under
the provisions of the timber-culture act of June 14, 1878; that there is no prior valid
adverseright to the same, and that the land therein described, together with the lands
heretofore entered under this act and the acts of which this is amendatory in the said
section, does not exceed one-quarter thereof.
, Register.
Applicant files the following: -
[No. 4–073.]
TIMBER CULTURE—ACT OF JUNE 14, 1878.
Can be taken before Register or Receiver, or before officer with a seal, authorized to admin-
ister oath3.
Affidavit,
LAND OFFICE AT y
(Date) , 18–.
I , having filed my application No. —, for an entry under the pro-
visions of an act entitled “An.act to amend an act entitled ‘An act to encourage the
rowth of timber on the Western prairies,’” approved June 14, 1878, do solemnly —
that I am the head of a family [or over twenty-one years of age], and a citizen of the
United States [or have declared my intention to become 8wch]; that the section of land
specified in my said application is composed exclusively of prairie lands, or other lands
devoid of timber; that this filing and entry is made for the cultivation of timber, and
for my own exclusive use and benefit; that I have made the said application in good
faith, and not for the purpose of speculation, or directly or indirectly for the use or
benefit of any other person or persons whomsoever; that I intend to hold and culti-
yate the land, and to fully comply with the provisions of this said act ; and that I
have not heretofore made an entry under this act, or the acts of which this is amend-
atory.
Sworn to and subscribed before me this
day of —, 18–.
With his affidavit must be filed a-
NON-MINERAL AIFFIDAVIT.
Can be 8worn to before Register or Receiver, or any officer with a seal, authorized to admin-
O i8ter an oath.
See page 694 for form.
RECEIVER'S RECEIPT.
The receiver issues the following receipt, in duplicate, one for the files and one for
the applicant:
[No. 4–142.]
Receiver's receipt.
Receiver's receipt, No. —. Application, No. —.
RECEIVER's OFFICE, 2
(Date) , 18–.
Received of the sum of — dollars — cents, being the amount of
fee and compensation of register and receiver for the entry of — of section —, in
township —, of range —, under the first section of the act of Congress approved
June 14, 1878, entitled “An act to amend an act entitled ‘An act to encourage the
growth of timber on the Western prairies.’”
$—* --
, Receiver.
TIMBER CLLTURE CONTEST.S. 1095
TIMBER-CULTURE CONTEST.S.
IN EFFECT DECEMBER 1, 1883.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., February 13, 1883.
To REGISTERS AND RECEIVERS, UNITED STATES LAND OFFICES:
GENTLEMEN: By circular letter of this office dated December 20, 1882, your atten-
tion was called to the provisions of section 3 of the timber-culture act of June 14, 1878,
and it was therein announced that on the 14th of November, 1882, the honorable
Secretary of the Interior held, in Frank Bundy’s appeal—Oberlin, Kans.—that said
statute restricts contests against a prior timber-culture entry to one who seeks to
enter the land covered thereby under the homestead or timber-culture laws, and that
in the absence of such application to make entry there is no right of contest, nor does
a preference right attach under section 2 of the act of May 14, 1880. You were there-
fore directed to dismiss all contest suits then pending in your respective offices against
timber-culture entries coming within the purview of said decision, and informed that
the filing of the application aforesaid is a condition precedent to the right of contest
under said section 3 of said act of June 14, 1878, and that the party so applying must
be qualified to make an entry.
On the 2d instant the honorable Secretary of the Interior, in the case of Albert L.
Bartlett v8. Edwin Dudley—Visalia, Cal.—among other things, held as follows:
“Further consideration confirms me in the opinion that the decision in the case of
Bundy was a correct interpretation of the third section of the act of 1878, as respects
a contestant, and that it is not inharmonious with the second section of the act
of 1880. In order, however, that a contestant whose contest has been or hereafter
may be dismissed, for failure to file an application to enter the contested tract at the
date of initiating his contest, may yet have opportunity for entering it, under a valid
proceeding, I know of no objection to his initiation of a new contest with an applica-
tion to enter the tract; or that, in such case, in order to the saving of expense and
delay, the parties may stipulate, in writing, that the testimony formerly taken may
be used in the new contest, with such other testimony as they may see fit to submit.
The new contest will, of course, be subject to any intervening right initiated prior
thereto and, in view of the time which has elapsed since the initiation of the former
contest, should receive your early consideration.”
You will post a copy of this circular in some conspicuous place in your respective
offices, and, in cases arising, be governed in accordance with the above provisions.
Very respectfully,
* N. C. MCFARLAND,
Commissioner.
Approved.
- H. M. TELLER,
Secretary.
TIMBER CULTURE.
FORMS IN CASES OF CONTEST.
Many defects and considerable irregularity having heretofore prevailed in the mat-
ter of notices served and affidavits filed in contests against timber-culture entries, the
following forms have been adopted and are the only ones now in use in contests against
this class of entries:
[4-346. I
[Notice.—Timber culture.]
U. S. LAND OFFICE,
—. 188–
Complaint having been entered at this office by against
for failure to comply with law as to timber-culture entry No. , dated 3.
18—, upon the , section , township , range , in county,
, with a view to the cancellation of said entry; contestant alleging that
, the said parties are hereby summoned to appear at this office on the day
of , 188—, at o'clock — m., to respond and furnish testimony concerning
said alleged failure.
NOTE.—The fact and date of service upon the timber-culture claimant should be
indorsed on this notice, and publication must be resorted to where personal Service
cannot be had, and that fact is established by an affidavit that, after using due dili-
gence, it has been found impossible to make personal service upon the claimant.
1096 TIMBER CULTURE-INSTRUCTIONS FOR MARING FINAL PRoof.
[4–090.]
Affidavits to be filed before contest of timber-culture entry.
U. S. LAND OFFICE,
y
Personally appeared before me, of the land office, of
county, State of , who upon his oath says: That he is well acquainted
With the tract of land embraced in the timber-culture entry of O. y
made , 18—, and knows the present condition of the same; also that the
said ,” and this the contestant is ready to prove at such time and place
as may be named by the register and receiver for a hearing in said case; and he there-
fore asks to be allowed to prove said allegations, and that said timber-culture entry,
No. —, may be declared canceled and forfeited to the United States—he, the said
contestant, paying the expenses of such hearing. -
Sworn to and subscribed the day and year above written before
Also appeared at the same time and place , and , who
being duly sworn, depose and say: That they are acquainted with the tract described
in the within affidavit of , and know from personal observation that the
8tatements therein made are true.
-
, 188—.
day of
Sworn to and subscribed before me this
INSTRUCTIONS FOR MARING FINAL PROOF ON TIMEER-CULTURE;
ENTRIES.
[Under acts of Congress to encourage the growth of timber on Western prairies.]
ISSUED FEBRUARY 1, 1882. IN EFFECT DECEMBER 1, 1883.
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
Washington, D. C., February 1, 1882.
*REGISTERS AND RECEIVERS OF UNITED STATES LAND OFFICES:
GENTLEMEN: Your attention is called to the following regarding timber-culture
i. under the several acts of Congress and the manner in which final proof may
© Iſla C10 :
The act of March 3, 1873 (17 Stat., 605), entitled “An act to encourage the growth
of timber on the Western prairies,” provided that any person might make an entry
sunder that act on any quarter-section of the public lands.
Entries under that act were not restricted to heads of families, persons twenty-one
years of age, citizens, or those who had declared their intention of becoming citizens
of the United States.
Persons making entries under said act were required to plant, protect, and keep in
a healthy growing condition for ten (10) years forty acres of timber on the quarter-
section entered. The trees were to be not more than twelve (12) feet apart each way.
‘Only one-quarter of any section could be entered. Entries were to be made for the
cultivation of timber. Final proof could be made at the expiration of ten (10) years
from the date of entry or at any time within three (3) years thereafter.
In making final entry under this act the party, or, if he be dead, his heirs or legal
representatives, must “prove by two credible witnesses that he, she, or they have
planted, and for not less than ten years have cultivated and protected,” the quantity
and character of timber above mentioned.
The act of March 13, 1874 (18 Stat., 21), was an act amendatory of, and, from said
March 13, 1874, a substitute for, the act of March 3, 1873. All timber-culture entries
made between March 13, 1874, and June 14, 1878, were made under the act of 1874.
This act provided that citizens of the United States, or persons who had declared
their intention of becoming citizens, and who were heads of families or had arrived
at the age of twenty-one years, could make such entries.
Entries were to be made for the cultivation of timber.
* Here state that the claimfmt did not #;" certain acts ºl. by law to be done during the
year or years in which the failure is alleged to have occurred, specifying, said º in
}. Thas, if the tract be 160 acres, and failure during the first year after entry be alleged, the affi-
davit should state that the claimant failed to break, or cause to be broken, five acres of the tract
claimed, and in a similar manner should specify any failure alleged to have occurred in subsequent
years.
TIMBER CULTURE—INSTRUCTIONS FOR MAKING FINAL PROOF. 1097
Forty acres of timber on a quarter-section, and the like proportion of timber on
less than a quarter-section, were required to be planted, protected, and kept in healthy
growing condition for eight (8) years. The trees were to be not more than twelve
(12) feet apart each way.
Only one quarter-section, or its equivalent, could be entered by any one person un-
der this act.
The party making an entry of one quarter-section was required to break ten (10) acres
of the land the first year, ten (10) acres the second year, and twenty (20) acres the third
year after the date of the entry; and to plant ten (10) acres of timber the second year,
ten (10) acres the third year, and twenty (20) acres the fourth year after the date of
the entry, and in the same proportion when the entry was for a less area than one
quarter-section. Final proof could be made at the expiration of eight (8) years from
the date of entry, or at any time within five (5) years thereafter.
In making final entry under this act the party, or, if he be dead, his heirs or legal
representatives, must “prove by two credible witnesses that he, she, or they have
planted, and for not less than eight years have cultivated and protected,” the quan-
tity and character of timber mentioned in this act.
In case of the death of a person who had complied with the provisions of the act for
three (3) years the heirs or legal representatives had the option to continue the com-
pliance for the remainder of the eight years and to receive patent accordingly, or to
Teceive patent for forty (40) acres outright by relinquishing all claim to the remainder.
Entries made under the act of March 3, 1873, can be completed, and final proof
made under the act of March 13, 1874, upon compliance with the provisions of the
latter act.
By the act of May 20, 1876 (19 Stat., 54), amendatory of the act of 1874, it was pro-
vided that whenever a party holding a claim or making final proof under said act
should prove, by two credible witnesses, that the trees planted and growing on said
claim were destroyed by grasshoppers during any one or more years, the time allowed
in which to plant the trees and make final proof should be extended the same number
of years as the trees planted were so destroyed. *
It was also provided that the planting of seeds, nuts, and cuttings should be con-
sidered a compliance with the timber-culture act, when such seeds, nuts, and cuttings
should be properly and well planted, and the ground properly prepared and cultivated.
It is not necessary under this act that the planting shall be done in one body, “pro-
vided the several bodies, not exceeding four in number, planted by measurement,
aggregate the amount required and in the time required by the original and amended
act.
It was provided that in case the seeds, nuts, or cuttings should not germinate and
grow, or should be destroyed by the depredations of grasshoppers, or from other in-
evitable accident, the ground should be replanted, or the vacancies filled within one
year from the first planting. Parties claiming the benefit of this provision were to
prove, by two good and credible witnesses, that the ground was properly prepared and
planted, and that the destruction of the seeds, nuts, or cuttings was caused by inev-
itable accident.
The act of June 14, 1878 (20 Stat., 113), is an act amendatory of, and, as to all entries
made since June 14, 1878, is a substitute for, the act of March 13, 1874.
The persons authorized to make entries under the act of 1878 are heads of families
or single persons who have attained the age of twenty-one years, and who are citizens
of the United States or have declared their intention to become citizens, and who
have made no previous entry under the timber-culture laws.
Entries are restricted to not more than one quarter-section, and one entry only can
be made by any one person.
Only tracts embraced in sections which are prairie lands, or other lands devoid of
timber, are subject to entry under this act.
The entry must be made for the cultivation of timber, and for the exclusive use and
benefit of the person making the entry. It must be made in good faith, and not for
speculation, nor for the benefit of another.
Five (5) acres on a quarter-section are required to be broken or plowed the first year,
and five (5) acres the second year. The second year the first five acres must be culti-
wated to crop or otherwise. The third year the second five acres must be cultivated
to crop or otherwise, and the first five acres must be planted in timber, seed, or cut-
tings. The fourth year the second five acres must be planted in timber, seeds, or
cuttings. Ten (10) acres are thus to be plowed, planted, and cultivated on a quarter-
section, and the same proportion when less than a quarter-section is entered. The
whole ten (10) acres, or the due proportion thereof, must be prepared and planted
within four years from the date of the entry, five (5) acres being prepared the first and
second years and planted the third year, and five (5) acres being prepared the second
and third years and planted the fourth year.
If the trees, seeds, or cuttings are destroyed by grasshoppers or by extreme and un-
usual droughts, the time of planting may be extended one year for every year of such
1098 TIMBER CULTURE—INSTRUCTIONS FOR MAKING FINAL PROOF.
destruction, upon the filing in the local office of an affidavit by the entryman, corrobo-
rated by two witnesses, setting forth the destruction and asking the extension of
time provided for by the act.
Final proof can be made at the expiration of eight (8) years from the date of entry,
or at any time within five years thereafter.
The requirements in making final proof under this act are as follows:
1st. It must be shown that not less than twenty-seven hundred (2,700) trees of the
proper character were planted on each acre of the ten acres required to be planted.
2d. It must be shown that the quantity and character of trees as aforesaid have been
ºated and protected for not less than eight years preceding the time of making
proof.
3d. It must be shown that at the time of making proof there are growing at least
six hundred and seventy-five (675) living and thrifty trees to each acre of the ten
acres planted.
All entries made since June 14, 1878, are made under this act. Parties who made
entries under either of the former acts are permitted to complete the same and to
make final proof under the act of 1878, upon full compliance there with.
Section 7 of the act defines the meaning of the term “full compliance” as used in
that section. It is, that the parties shall show that they have had under cultivation,
as required by the act, an amount of timber sufficient to make the number of acres
required therein; that at the time of making final entry the required number of liv-
ing and thrifty trees are growing on the land.
It is not requisite, in making proof under the act of 1878, that the manner of plant-
ing as prescribed by that act should be shown to have been followed by persons who
made entries under the acts of 1873 and 1874. *
The planting in such cases may have been done in the manner prescribed by the
acts of 1873 or 1874, or in the manner prescribed by the act of 1878.
The character of the trees should be such as are recognized in the neighborhood as
of value for timber, or for commercial purposes, or for firewood and domestic use.
The enumeration of species on page 27 of the General Circular of October 1, 1880, is
only intended as a general guide, and is not to be construed to exclude any trees fall-
ing within the foregoing characterization.
In computing the period of cultivation the time runs from the date of entry, if the
necessary acts of cultivation were performed within the proper time. The prepara-
tion of the land and the planting of trees are acts of cultivation, and the time au-
thorized to be so employed, and actually so employed, is to be computed as a part of
the eight years of cultivation required by the statute.
If there have not been eight (8)years of cultivation, or if there are not the requisite
number of living and thrifty trees growing on the land at the expiration of eight
years from the date of entry, then final proof cannot be made until these requisites
shall have been complied with.
The proof required in final entry will be the affidavit and testimony of the party,
corroborated by the testimony of two witnesses, setting forth, specifically and in detail,
all the facts of the case, showing when cultivation was commenced, the acts per-
formed, amount of land plowed, cultivated, and planted, what was done in each year,
the total number of trees planted, the total number growing, and their size and con-
dition at date of proof, and any other facts or circumstances material to the case.
In making final proof the timber-culture claimant must appear in person with his
witnesses at the district land office of the district in which the land is situated, and
there make the necessary proofs; or the affidavit of the party may be made, and his
testimony, and the testimony of his witnesses, given before a judge or clerk of a court,
of record in such land district.
The officer administering the oath or taking the testimony must certify to the iden-
tity and credibility of the party appearing before him.
In every case, when final proof is offered or submitted, the register and receiver
will carefully examine the evidence, and, if found sufficient as showing that the
claimant has fully complied with the law (and on payment of the final commissions
allowed by law), they will proceed to issue the final certificate and receipt in the
same manner as in final homestead cases.
ſº {-
The payments required by law on a timber-ci
ORIGINAL ENTRIES.
For more than 80 acres, a fee of $10, to be paid at date of entry, and $4 commis-
sions; total, $14.
For 80 acres or less, fee $5, commissions $4; total $9.
FINAL ENTRIES.
The total payment required in each case of final entry is $4, payable when final
proof is made.
TIMBER CULTURE—FORMS USED IN FINAL ENTRY. 1099
No additional or other fee, charge, gratuity, or reward is permitted to be paid or
received for any services rendered at district land-offices in connection with such en-
tries.
Annexed will be found forms A, B, C, D, and E.
N. C. McFARLAND,
Commissioner.
S. J. KIRKWOOD,
Secretary.
Approved February 2, 1882.
A.
FINAL AFFIDAVIT.—TIMBER-CULTURE ENTRY.
Before register or receiver, or before a judge or clerk of a court of record within the land
g y 2. trict.)
Q877°007.
| Acts of March 3, 1873, March 13, 1874, and June 14, 1878.]
5 , having on the – day of , 18—, made a timber-culture entry
No. —, of the – of section , in township — of range —, subject to entry at
5 , under the timber-culture laws of the United States, do hereby apply
to perfect my claim thereto by virtue of the seventh section of the act of June 14,
1878, entitled “An act to amend, an act entitled ‘An act to encourage the growth of
timber on the western prairies,” and for that purpose do solemnly that my
aforesaid entry was made in good faith, and not for the purpose of speculation, or
directly or indirectly for the use or benefit of any other person or persons whomso-
ever; that I have not heretofore made any other entry under the timber-culture laws
of the United States; and I do further that the section of land specified in my
aforesaid entry is composed exclusively of prairie lands or other lands devoid of
timber; that said entry was made for the cultivation of timber, and that I have
planted on said land, cultivated and protected, and kept in a healthy, growing condi-
tion for and during the period of eight (8) years last past, acres of (here describe
the kinds of timber) timber; that not less than trees were planted on each acre,
and that there are now at least (here 8tate the number of trees) living and thrifty trees.
to and upon each acre, aggregating in total the number of trees.
(Signature of claimant.)
Sworn to and subscribed before me this —— day of , 18–. ſº
- — —,
B. ©
TIMBER-CULTURE PROOF.—TESTIMONY OF CLAIMANT.
(Before register or receiver, or before a judge or clerk of a court of record within the land.
district.)
[Acts of March 3, 1873, March 13, 1874, and June 14, 1878. I
, being called as a witness in — own behalf in support of — tim-
ber-culture entry No. — for — section —, township —, of range —, in the district
of lands subject to entry at — —, testifies as follows: -
Question 1. What is your name written in full and correctly spelled, your age, and
post-office address 2 -
Answer. te *
Question 2. Describe your timber-culture entry, giving the date thereof and the
number of acres embraced therein.
Answer. tº
Question 3. What number of acres of said land was broken by you during the first
year, what number broken during the second year, and what number broken during
the third year, respectively, after the date of your entry? Give the day, month, and
year, as nearly as practicable in each instance, when the several breakings were done;
dº the method of breaking, and in what way your measurements were made.
SWer. ſº
Question 4. Describe the way in which the ground was prepared, and state how
many acres of said tract were planted to trees during the second year of your entry,
iving the day, month, and year, as nearly as practicable, when the planting was.
one, the kind or kinds of trees planted; and state how you know the area or number
of acres so prepared and planted during said second year.
SWer.
1100 TIMBER CULTURE–FoRMS USED IN FINAL ENTRY.
Question 5. Describe the way in which the ground was prepared, and state how
many acres of said tract were planted to trees during the third year of your entry,
giving the day, month, and year, as nearly as practicable, when the planting was
done, the kind or kinds of trees planted; and state how you know the area or number
of acres so planted during said third year.
Answer. &
Question 6. Describe the way in which the ground was prepared, and state how
many acres of said tract were planted to trees during the fourlh year of your entry,
giving the day, month, and year, as nearly as practicable, when the planting was done,
the kind or kinds of trees planted; and state how you know the area or number of
acres so planted during said fourth year.
Answer. º
Question 7. If you have received an extension of time for planting on account of
the destruction of your trees, seeds, or cuttings, by grasshoppers or by extreme and
unusual drought, state the year or years in which extension was had and give all the
particulars. How did you proceed to obtain such extension ?
Answer. ©
Question 8. How many acres of timber have you planted, cultivated, protected, and
kept in a healthy growing condition for the period of eight (8) years last preceding
on the tracts embraced in your entry 3
SWer. ©
Question 9. Describe the condition of the trees now growing on said tract, giving
their average diameter and height as near as you can, the kind or kinds of trees, the
number of trees per acre now growing thereon; and state how you know the facts to
which you testify. a
Answer. - -
Question 10. Have you ever heretofore made any other timber-culture entry # If
so, describe such entry or entries, and state all the particulars.
Answer. e
Question 11. Is the section specified in your entry composed of prairie land, or was
it devoid of timber at the date of your entry 3
Answer. º -
Question 12. State anything further within your personal knowledge which you
have to offer regarding your aforesaid entry.
Answer. ——.
(Signature of claimant.)
I hereby certify that each question and answer in the foregoing testimony was read
to the claimant before — signed — name thereto, and that the same was sub-
scribed and sworn to before me this — day of ——, 18–.
y
NOTE.-The officer before whom the testimony is taken should call the attention of
the witness to the following act of Congress, which is made by statute specifically ap-
plicable to all oaths, affirmations, and affidavits required or authorized under the
timber culture acts:
[Act of March 3, 1857 (11 Statutes, p. 250.)]
“SEC. 5. And be it further enacted, That in all cases where any oath, affirmation, or
affidavit shall be made or taken before any register or receiver, or either or both of
them, of any local land-office in the United States orany Territory thereof, or where
any oath, affirmation, or affidavit shall be made or taken before any person author-
ized by the laws of any State or Territory of the United States to administer oaths or
affirmations, or take affidavits, and such oaths, affirmations, or affidavits are made,
used, or filed in any of said local land-offices, or in the General Land Office, as well in
cases arising under any or either of the orders, regulations, or instructions concern-
ing any of the public lands of the United States, issued by the Commissioner of the
General Land Office or other proper officer of the Government of the United States, as
under the laws of the United States, in anywise relating to or affecting any right,
claim, or title, or any contest therefor, to any of the public lands of the United States,
and any person or persons shall, taking such oath, affirmation, or affidavit, know-
ingly, willfully, or corruptly swear or affirm falsely, the same shall be deemed and
taken to be perjury, and the person or persons guilty thereof shall, upon conviction,
pe liable to the punishment prescribed for that offense by the laws of the United
States.”
(See also section 5392 United States Revised Statutes.)
TIMBER CULTURE–FORMS USED IN FINAL ENTRY. 1101
C.
(The testimony of two witnesses in this form, taken separately, required in each case.)
TIMBER-CULTURE PROOF.—TESTIMONY OF WITNESS.
(Before register or receiver, or before a Judge or clerk of a court of record within the land
district.)
[Acts of March 3, 1873, March 13, 1874, and June 14, 1878.]
, being called as a witness in support of the timber-culture entry of
No. — for the – of section —, township —, range —, in the district of lands
subject to entry at , testified as follows:
Question 1. What is your name, age, occupation, and residence 3
Answer. e
Question 2. Are you well acquainted with
since what time have you known him 7
Answer. e
Question 3. If you have personal knowledge regarding claimant's timber-culture
entry, give the date when said entry was made, describe the tract or tracts, and state
the number of acres embraced therein.
Answer. e
Question 4. How far do you reside from the land described, and have you had con-
tinuous personal knowledge of said land and the improvements thereon during the
last eight (8) years?
Answer. ſº
Question 5. Was the section embracing the entry of the claimant composed of prairie
lands or other lands devoid of timber 3 Describe the land embraced in said section,
whether undulating or otherwise, and if any natural timber was growing on the tract
named at the date of entry; state the kind or kinds of trees so growing, and their
number, situation, and size.
Answer. e
Question 6. How many acres of the land embraced in claimant's entry were broken
by him during the first year, how many during the second year, how many during
the third year, respectively, after the date of entry 3 Give the day, month, and year
in each instance, as near as practicable, when the several breakings were done, de-
scribe the method of breaking, and in what way your measurements were made, or
how you know the area, or number of acres broken.
Answer. e -
Question 7. Describe the way in which the ground was prepared, and state how
many acres of said tract were planted to trees during the 8econd year of said entry,
giving the day, month, and year, as near as practicable, when the planting was done,
the kind or kinds of trees planted, and state how you know the area or number of
acres so prepared and planted during said second year.
Answer. e
Question 8. Describe the way in which the ground was prepared, and state how
many acres of said tract were planted to trees during the third year of said entry, giv-
ing the day, month, and year, as near as practicable, when the planting was done,
the kind or kinds of trees planted, and state how you know the area or number of
acres so prepared and planted during said third year.
Answer. e r
Question 9. Describe the way in which the ground was prepared, and state how
many acres of said tract were planted to trees during the fourth year of said'entry,
giving the day, month, and year, as near as practicable, when the planting was done,
the kind or kinds of trees planted, and state how you know the area or number of
acres so prepared and planted during said fourth year.
Answer. e
Question 10. Has the claimant ever had the trees, seeds, or cuttings on the tract
embraced in his timber-culture entry destroyed by grasshoppers or by extreme and
unusual drought 2 If so, state the year or years in which the destruction took place,
and give all the facts within your personal knowledge.
Answer. e
Question 11. How many acres of timber on the tract described has the claimant
planted, cultivated, protected, and kept in a healthy growing condition for the period
of eight (8) years last preceding, and from what source is your knowledge upon this
point obtained ? -
Answer. &
Question 12. Describe the condition of the trees now growing on said tract, give
their average diameter and height as near as you can, the kind or kinds of trees,
, the claimant; and, if so, -
1102 TIMBER CULTURE—FoRMS USED IN FINAL ENTRY.
* of trees to the acre, and state how you know the facts to which you
TOS $
Answer. º -
Question 13. Has the claimant, to your knowledge, ever made any other timber-
culture entry?
Answer. &
Question 14. Have you any interest, direct or indirect, in this claim 3
Answer. e
Question 15. State any further facts which you may know of your own personal
knowledge regarding the aforesaid timber-culture entry.
Answer. e
(Signature of witness.) º-
I º certify that the above-named personally appeared before
me, and that he is a credible witness; that the foregoing testimony was read to him
before being subscribed, and was sworn to by him before me this — day of
7
-*mmam-
2
NotE.—The officer before whom the testimony is taken should call the attention of
the witness to the following act of Congress, which is made by statute specifically
applicable to all oaths, affirmations, and affidavits required or authorized under the
timber-culture acts:
[Act of March 3, 1857 (11 Statutes, p. 502)].
SEC. 5. And be it further enacted, That in all cases where any oath, affirmation, or
affidavit shall be made or taken before any register or receiver, or either, or both of
them, of any local land-office in the United States, or any Territory thereof, or where
any oath, affirmation, or affidavit shall be made or taken before any person authorized
by the laws of any State or Territory of the United States to administer oaths or af-
firmations, or take affidavits, and such oaths, affirmations, or affidavits are made,
used, or filed in any of said local land-offices, or in the General Land Office, as well
in cases arising under any or either of the orders, regulations, or instructions, con-
cerning any of the public lands of the United States, issued by the Commissioner of
the General Land Office, or other proper officer of the Government of the United
States, as under the laws of the United States, in anywise relating to or affecting any
right, claim, or title, or any contest therefor, to any of the public lands of the United
States, and any person or persons shall, taking such oath, affirmation, or affidavit,
knowingly, willfully, or corruptly swear, or affirm falsely, the same shall be deemed
and taken to be perjury, and the person or persons guilty thereof shall, upon convic-
§: be liable to the punishment prescribed for that offense by the laws of the United
States.
(See also section 5392 United States Revised Statutes.)
RECEIVER'S FINAL RECEIPT.
D.
TIMBER CULTURE.
(In duplicate; one for applicant, one for the files.)
[Acts of March 3, 1873, March 13, 1874, and June 14, 1878.]
RECEIVER's FINAL RECEIPT, APPLICATION,
No. -, No. -.
RECEIVER'S OFFICE,
(Date) —, 188—
Received from , of , the sum of dollars, being the balance
of payment required by law for the timber-culture entry of the of sec-
tion —, in township —, of range —, containing acres, under the acts of March
3, 1873, and March 13, 1874, and the act of June 14, 1878, amendatory thereof, entitled
“An act to amend the act entitled ‘An act to encourage the growth of timber on the
western prairies.” - -
7
Receiver.
$ —. O
DESERT LANDS.
1103
REGISTER’s FINAL CERTIFICATE.
FINAL CERTIFICATE, ;
No. -,
E.
No. —.
} APPLICATION,
TIMBER, CULTURE. -
(In duplicate ; one for applicant, one for the files.)
[Acts of March 3, 1873, March 13, 1874, and June 14, 1878.]
- LAND OFFICE AT y
(Date) — day of ——, 18–.
It is hereby certified that, in the pursuance of the provisions contained in the acts
of Congress of March 3, 1873, and March 13, 1874, and the act amendatory thereof of
June 14, 1878, entitled “An act to amend the act entitled ‘An act to encourage the
growth of timber on the western prairies,” , of , has made pay-
ment in full for — of section number —, in township —, of range number —, con-
taining 3,016>S.
Now, therefore, be it known, that on presentation of this certificate to the Commis-
sioner of the General Land Office the said
for the tract of land above described.
DESERT LANDS,
[See Chapter XXX, pages 363-364, 1291.]
To JUNE 30, 1882.
From March 3, 1877, to June 30, 1882, there have been 3,849 entries
under this act, containing 1,170,676.53 acres, realizing to the Nation
shall be entitled to a patent
- Register.
The case is now made up and the papers transmitted, at the end of the month, to
the Commissioner of the General Land Office for approval and patent.
$291,849.71. -
Sales of desert lands wnder the act of March 3, 1877.
1881. 1882.
State or Territory. No. Of INo. of
O. O. O. O.
entries. Area. Amourit. entries. Area Amount.
Arizona------------------------------- 11 4, 235. 26 ||------------ 12 5, 926. 59 |---------.
California----------------------------- 27 5, 279 44 |.. ---------- 55 | 11,694. 15 |. --...----
Idaho --------------------------------- 44 | 12,215.37 ------------ 78 || 23, 647.39 |..........
Montana------------------------------ 67 17, 241. 62 - - - - - - - - - - - - 167 || 61, 683. 13 |..........
Nevada ------------------------------- 32 8, 105. 18 ||------------ 14 1, 960. 00 |..... º º is ºn tº
New Mexico.------------------------ 25 6,387.49 |------------ 38 8, 338. 15 |.----...--
Oregon.-------------------------------. 32 || 10, 252.86 ||------------ 22 5, 535.01 ||----------
tah---------------------------------- 75 9.922.27 l.----------- 76 | 12, 517-41 |.....-----
Washington.-------------------------. 6 638. 50 i.----. ------ 4 360.00 l.--------.
Wyoming----------------------------. 107 || 34, 282.03 |.----------- 102 || 33,294. 11 ||------....
Total --------------------------- 426 || 108,560.02 |. --- - - - - - - - - 568 164,955.94 ||--- - - - - - -.
RECAPITULATION BY FISCAL YEARS.
Years. Entries. Acres. Amount.
1877 -------------------------------------------------------------- 741 271,604. 91 $67, 654 69
1878 -------------------------------------------------------------- 957 298,586. 07 74, 168 45
1879 -------------------------------------------------------------- 611 164, 368. 30 40, 994 95
1880 -------------------------------------------------------------- 546 | 162, 601. 29 || 40, 652 63
Total to June 30, 1880. -------------------------------------- 2,855 897, 160. § 223,470 72
881 -------------------------------------------------------------- 42 108,560. 0: r:
1882 -------------------------------------------------------------- 568 164,955.94 } 68,378 99
Total to June 30, 1882. ------------------------------------. 3,849 1, 170,676.53 291,849 71


1104 DESERT LANDS—ENTRIES, How MADE.
LANDS TO WEHICH THE DESERT-LAND ACT APPLIES.
DECEMBER 1, 1883.
(See map fronting this page.)
Agriculture depends upon irrigation in Nevada, New Mexico, Arizona, Colorado,
Wyoming, Idaho, Southern California, Montana, Eastern Oregon, a portion of the west-
ern part of Dakota, and Eastern Washington Territory; also in other portions of the
public domain. The desert-land act, however, applies to the localities above named,
and the lands therein are so called by law, and are so disposed of unless the contrary
be shown. This vast arid region, estimated to contain more than seven hundred mil-
lions of acres, contains a water-supply sufficient to irrigate thirty millions of acres.
What artesian wells may do is a question for the future.
A great portion of the timber lands of the Nation lie within this region, generally on
the mountains (see timber map). Within this area lie the grazing or pasturage lands
of the public domain (covering copper, coal, iron, and the precious metals), estimated at
more than three hundred and fifty millions of acres. June 30, 1883, the United States
owned (estimated), within subdivisions above enumerated, more than five hundred
millions of acres of land within the area shown by the map and known as the arid
region. Along streams, near springs, or by the side of water holes, or invalleys, can be
found thousands of farms and homes using the existing water supply. These have been
taken under the homestead, pre-emption, or other settlement laws; but it may be safely
said that such lands with water supply immediately adjacent have long since been
entered.
AUTHORITIES AND REFERENCES.
For abuses under desert-land law, see letter of Mr. Commissioner McFarland, pages
682 and 684, herein. Also Annual Reports of Commissioner of General Land Office for
1877, '78, '79, '80, '81, '82, and '83; also decisions of Department of the Interior and
General Land Office for '81 to '83, title “Desert lands,” and reference cited on page
361 herein. See also Public Land Commission Volume of “General and Permanent
Laws,” chapter XVI, title Desert Lands, pages 162, 163.
DESERT LANDS.
OFFICIAL CONSTRUCTION AND REGULATIONS.
IN EFFECT DECEMBER 1, 1883.
DEFINITION OF DESERT LANDS.
[From official circular General Land Office, October, 1880.]
By desert lands is meant a class of lands which will not, without irrigation, produce
any agricultural crop. Land along streams and around bodies of water which pro-
duces grass suitable for hay without artificial irrigation is not desert land within the
meaning of the law, and such lands are not subject to desert entry.
IN WHICH SUBDIVISION CLAIMS MAY BE ENTERFD.
Title to desert lands in any of the following States and Territories may be acquired
under the act of Congress of March 3, 1877, viz, the States of California, Oregon, and
Nevada, and the Territories of Washington, Idaho, Montana, Utah, Wyoming, Arizona,
New Mexico, and Dakota. -
METHOD OF ACQUIRING TITLE.
Any party desiring to avail himself thereof must file with the register and receiver
of the proper district land-office a declaration in form prescribed (No. 4–274), which
must be under oath, and may be executed before either the register or receiver or the
clerk of any court of record having a seal. It must be set forth that the applicant is
a citizen of the United States, or that he has declared his intention to become such,
in which case a duly certified copy of his declaration of intention to become a citizen
must be presented and filed. It must also be set up that the applicant has made no
50
40 Longitude west 35 from Washington
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- º 10- º - - º
ºna * _-
- - - ---
Tin- - - º º
- ---
ºr ºn Sandº
* * * º
- Hº. ºn ºn tº
ºf º º
- Casas tº de - º º E- º
- ºn
| ºlº tº .
º - - -
º º - º
º º º º º
º --- e. s. º * ca.
M A P º: ***
- - - º *Preside San -
| SHowING THE PUBLIC Dowals ºries) iſ *** *
Santa Ros - Af
- --------- * tº ºrnº,
- º º, º Laºal:
DESERT LAND ACT º - *. - lºa \ - º -
APPLIES. - º *
-u-E --, -ººº. ſº *Sabiñº- *
--------------- º: -- - º
- - - *_lºº º sº º sº tº ** sºlinas R.
Natural Scale the 1-noooºoo. C - * -
-º- * - * - ºpe º
117 107 102. -
--
Zº accompany fºc Zonazº"
Base ºneus series of geºgraphies published by E. H. Butler a corºneºn.
ºy Womas Zona/ason.
Map (approximate), showing the lands of the arid region where the Desert Land Act applies.
Estimated to contain about seven hundred millions of
acres, but embracing much timber, mineral and pasturage lands, already referred to in several preceding chapters. This map also shows the location of the
grazing or pasturage lands of the public domain, covering great areas of mineral, and estimated as being equal in area to three hundred and fifty millions
of acres. These, however, are included in the estimate of area of Desert Lands, State and Territorial boundaries only are correctly given.











DESERT LANDS—REGULATIONS AS TO ENTRY OF. 1105
other declaration for desert lands under the provisions of this act, and that he intends
to reclaim the tract of land applied for, not exceeding one section, by conducting
water thereon within three years from the date of his declaration. . The declaration
must also contain a description of the land applied for, by legal subdivisions if sur-
veyed, or if unsurveyed as nearly as possible without a survey by giving, with as
much clearness and precision as possible, the locality of the tract with reference to
known and conspicuous landmarks or the established lines of survey, so as to admit
of its being thereafter readily identified when the lines of survey come to be extended.
ENTRIES ON SURVEYED LANDS—SHAPE OF CLAIM.
The law requires desert entries to be compact in form. The requirement of com-
pactness will be held to be complied with on surveyed lands when a section, or part
thereof, is described by legal subdivisions compact with each other, as nearly in the
form of a technical section as the situation of the land and its relation to other lands
will admit of, although parts of two or more sections be taken to make up the quan-
tity or equivalent of one section. But entries which show upon their face an abso-
lute departure from all reasonable requirements of compactness, and being merely
contiguous by the joining of ends to each other, will not be admitted, whether on Sur-
veyed or on unsurveyed lands.
ENTRIES ON UNSURVEYED LANDS.
On unsurveyed lands the degree of compactness required will be such as, upon the
adjustment of the lines after survey, will bring the land within the limits and general
form of a technical section, or part thereof, as nearly as may be.
AREA AND FORM OF ENTRY.
In no case will the side lines be permitted to exceed one mile and a quarter, when
the full quantity of six hundred and forty acres is entered. When the entry embraces
a less quantity than a whole section or its equivalent, the limit to the side lines will
be proportionately decreased.
Entries, whether by legal subdivisions on surveyed lands, or of an irregular form
on unsurveyed lands, running along the margins or including both sides of streams,
and not being compact in any true sense, will not be permitted.
PROCEDURE IN ENTRY-BLANKS AND FORMs.
As preliminary to the filing of the declaration, it must be satisfactorily shown
that the land therein described is desert land as defined in the second section of the
act. To this end, the testimony of at least two disinterested and credible witnesses
is required, whose testimony will be reduced to writing in the usual manner; or the
evidence may be furnished in the form of affidavits executed before the clerk of any
court of record having a seal, the credibility of the witnesses to be certified by said
clerk. The witnesses must clearly state their acquaintance with the premises, and the
facts as to the condition and situation of the land upon which they base their judg-
ment. A form of affidavit, to be sworn to and subscribed by each witness, is attached
(No. 4–074). Where the land is situated on the borders of streams or lakes evidence
will also be required that the land in its natºal state is not productive of hay. After
proof has been made to the satisfaction of the district officers, the receiver will re-
ceive from the applicant the sum of twenty-five cents per acre for the land applied
for; the register will receive aud file his declaration, and they will jointly issue, in
duplicate, a certificate in the form attached (No.4–199). One of these duplicates will
be delivered to the applicant; the other will be retained by the register and receiver
with the declaration and proof. They will bear a number according to the order in
which the certificate was issued. The register will keep a record of the certificates
issued, showing the number, date, amount paid, name of applicant, and description
of the land applied for in each case, and, in addition, he will note the same upon his
plats and records as in cases of ordinary entry. At the end of each month he will,
with his regular returns, forward to this office an abstract of the declarations filed
and certificates issued under this act during the month, accompanying same with
the declarations and proofs filed and the retained copy of certificate in each case.
The receiver will also account for the money received under this act in the usual form.
At any time within three years after the date of filing the declaration and the issue
of certificate, the proper party may make satisfactory proof of having conducted
water upon the land applied for. This proof must consist of the testimony of at least
two disinterested and credible witnesses, who must appear in person before the regis-
ter and receiver. They must declare that they have personal knowledge of the con-
dition of the land applied for, and of the facts to which they testify; and their testi-
70 L O—WOL III
1106 DESERT LANDS—FORMS USED IN ENTRY OF.
mony must be reduced to writing in the usual manner. (See Forms 4–372 and 4–373.)
The party must also present and surrender the duplicate certificate issued when the
declaration was filed. When this is done, and the final proof made to the satisfaction
of the district officers, the receiver will receive the additional payment of one dollar
per acre, receipt therefor in duplicate, as per Form 4–143, and give the party a dupli-
cate receipt. The register will also issue a final certificate of purchase (Form 4–200).
They will give to these final certificates and receipts a special series of numbers, and
will make separate abstracts of same at the end of each month, sending up therewith
the final certificates, receipts, and proofs.
CLAIMS ON UNSURVEYED IANDS—DUTIES OF of FICERs IN SUCH CASE,
In cases where declarations shall be filed under this act for unsurveyed lands, the
register and receiver will immediately forward copies of the declarations to the sur-
veyor-general in order that the proper surveys may be made. The claimants will be
required to take their claims by legal subdivisions when the lines of public surveys
shall have been extended over the same.
WHO MAY ENTER DESERT LANDS.
Any person who is a citizen of the United States, or any person of requisite age, who
may be entitled to become a citizen, and who has filed a declaration of intention to
become one, may enter 640 acres of desert land or public land, which will not, without
irrigation, produce some agricultural crops—in the States and Territories above set out.
Surveyed or unsurveyed lands may be entered.
PROCEDURE AND FORMS IN DISTRICT LAND OFFICE.
DECEMBER 1, 1883.
[Blanks furnished free.]
LIST OF FORMS.
(At time of (original) application.)
Declaration by applicant. ,
Affidavit or testimony of two witnesses.
Non-mineral affidavit by applicant.
Register and receiver's oertificate, in duplicate.
(Final entry.)
Any time within three years after date of filing.
Declaration and issue of certificate must be done in person before register and
receiver.
Deposition of applicant.
Deposition of two witnesses.
Receiver's final receipt in duplicate.
Register's final certificate, in duplicate.
FORMS NECESSARY AT APPLICATION,
[No. 4–274.]
DESERT LAND-ACT OF MARCH 3, 1877.
(Ea:ecuted before register or receiver or clerk of court having a seal.)
Declaration of applicant.
No. —. LAND OFFICE AT 5
(Date) , 18–.
I, —, of — county, - of-, being duly sworn, depose and declare,
that I am a citizen of the United States, of the age of -, and a resident of Said
county and —, and by occupation a –; that I intend to reclaim a tract of desert
land, not exceeding one section, by conducting water upon the same, within three
years from date, under the provisions of the act of Congress approved March 3, 1877,
entitled “An act to provide for the sale of desert lands in certain States and Terri-
DESERT LANDS—FORMS USED IN ENTRY OF. 1107
tories.” The desert land which I intend to reclaim does not exceed one section, and is
situated in — county, in the – land district, and is described as follows, to wit:
the – of section No. —, township No. —, range No. —, containing — acres.
I further depose, that I have made no other declaration for desert lands under the
provisions of said act; that the land above described will not, without irrigation,
produce an agricultural crop; that there is no timber growing upon said land; that
there is not, to my knowledge, within the limits thereof, any vein or lode of quartz,
or other rock in place, bearing gold, silver, cinnabar, lead, tin, or copper, or any de-
posit of coal; that there is not within the limits of said land, to my knowledge, any
placer, cement, gravel, or other valuable mineral deposit or salines; that no portion
of said land is claimed for mining purposes, under the local customs or rules of miners
or otherwise; that no portion of said land is worked for mineral during any part of
the year by any person or persons; that said land is essentially non-mineral land;
that I became acquainted with said land by —; and that my declaration therefor is
not made for the purpose of fraudulently obtaining title to mineral land, timber land,
or agricultural land, but for the purpose of faithfully reclaiming, within three years
from the date hereof, by conducting water thereon, a tract of land which is desert
land within the meaning of the act.
LAND OFFICE AT ——,
- (Date) , 18–.
I hereby certify that the foregoing declaration was this day sworn to and subscribed
before me.
— —, Register.
, Receiver.
%
[No. 4–074. I
DESERT LAND–ACT OF MARCH 3, 1877.
AFFIDAVIT.
(Two witnesses, separately in each case, 8worn to before register or receiver or clerk of a
court with a 8eal.)
No. —. LAND OFFICE AT —,
- (Date) , 18–.
I, , of — county, -, being duly sworn, declare, upon oath, that I
am a resident of said county and —; that I am of the age of —, and by occupation
a —; that I am well acquainted with the character of each and every legal subdi-
vision of the following-described land: the H section No. —; township, No. —,
range No. —, containing — acres; that I became acquainted with said land by
—; that I have been acquainted with it for — years last past; that I have fre-
quently passed over it; that my knowledge of said land is such as to enable me to
testify understandingly concerning it ; that the same is desert land within the mean-
ing of the second section of the act of Congress approved March 3, 1877, entitled “An
act to provide for the sale of desert lands in certain States and Territories”; that said
land will not, without artificial irrigation, produce any agricultural crop; that no
agricultural crop has ever been raised or cultivated on said land for the reason that it
does not contain sufficient moisture for successful cultivation ; that the same is essen-
tially dry and arid land, wholly unfit for cultivation without artificial irrigation;
that said land cannot be successfully cultivated without reclamation by d;
water thereon; that said land has hitherto been unappropriated, unoccupied, and
unsettled, because it has been impossible to cultivate it successfully on account of its
dry and arid condition; that it is a fact well known, patent, and notorious that the
same will not, in its natural condition, produce any crop; that the land is the – ;
that there is no timber growing thereon, but that it is devoid of timber; that there is
not, to my knowledge, within the limits thereof, any vein or lode of qnartz, or other
rock in place, bearing gold, silver, cinnabar, lead, tin, or copper, or any deposit of
coal; that there is not, within the limits of said land, to my knowledge, any placer,
cement, gravel, or other valuable mineral deposit or salines; that no portion of said
land is claimed for mining purposes under the local customs or rules of miners or
otherwise; that no portion of said land is worked for mineral during any part of the
year by any person or persons; that said land is essentially non-mineral land; that I
am not interested in any way or manner, directly or indirectly, present or prospective,
in any application or declaration made or to be made for said land or in the land
itself, or in the title which may by any person or in any manner be acquired thereto.
1108 DESERT LANDS–FORMS USED IN ENTRY OF.
NON-MINERAL AFFIDAVIT,
(Sworn to before register or receiver, or clerk of a court having a seal.)
See page 694 herein, for form of non-mineral affidavit.
[No. 4–199.]
DESERT LAND CERTIFICATE.
(Issued in duplicate; one for applicant, one for the files.)
No. —. UNITED STATES LAND OFFICE,
, 18–.
It is hereby certified that under the provisions of the act of Congress approved March
3, 1877, entitled “An act to provide for the sale of desert lands in certain States and
Territories,” has this day filed in this office his declaration of intention
to reclaim the following-described tract of land, viz: – ; that he has proven to
our satisfaction that the said tract of land is desert land as defined in the second sec-
tion of said act, and that he has paid to the receiver the sum of — dollars, being at
the rate of twenty-five cents per acre for the land above described. -
It is, therefore, further certified, that if within three years from the date hereof the
said , his heirs or legal representatives, shall satisfactorily prove that the
said land has been reclaimed by carrying water thereon, and shall pay to the receiver
the additional sum of one dollar per acre for the land above described, he or they shall
be entitled to receive a patent therefor under the provisions of the said act.
$ , Register.
, Receiver.
NoTE.—The word “heirs” is substituted in this form for the word “assignee,” the
Secretary of the Interior having declined to recognize the assignment of desert land
claims.
FORMS USED IN FINAL ENTRY.
[No. 4–372.]
FINAL PROOF UNDER THE DESERT LAND ACT OF MARCH 3, 1877.
(May be made at any time within three years after date of filing declaration and receipt of
certificate.)
DEPOSITION OF APPLICANT.
(Must be taken before register or receiver in person; applicant must also surrender the dupli-
cate certificate issued him or her when declaration was filed.)
Ques. 1. State your name, age, Occupation, and residence.
Ans. o
Ques. 2. Are you a citizen of the United States, or, if not, have you declared your
intention to become such? (If not native-born, proof-record must be furnished.)
Ans. º
Ques. 3. If you have heretofore made a desert land entry, give the number and date
thereof, and describe the land embraced therein.
Ans. ©
Ques. 4. Have you conducted water upon the land embraced in said entry, and irri-
gated the same, and reclaimed it from its former desert character to such an extent
that it will now produce an agricultural crop?
Ans. e
Ques. 5. What crops have you raised upon said land in each and every year since
your first entry thereon under your declaration No. —?
Ans.
Ques. 6. How many acres have been sown or planted in each year, in what crops,
and upon what portion or subdivision of the land, and what amount of such crops has
been actually produced?
Ans. e
Ques. 7. What crops, if any, had been grown upon the land, or upon any portion
thereof, and, if any, upon what portion, previous to your entry thereon?
Ans. º -
Ques. 8. Would the land, or any portion of it, by cultivation without irrigation,
have produced any agricultural crop whatever, and, if so, what cropf
Ans.
DESERT LANDS—FORMS USED IN ENTRY OF. 1109
Ques. 9. Was there any natural water supply upon such land sufficient to fertilize
or irrigate the whole or any portion thereof, and, if so, what portion? State fully.
An
S. ſº
Ques. 10. Has the amount of water conveyed upon the land in any one season been
sufficient to so irrigate the entire tract as to render the same productive, and, if so,
wº crop or crops would such irrigation produce? -
S. { }
Ques. 11. Has the whole tract been irrigated and cultivated by you in any one
season?
Ans. e
Ques. 12. Has each smallest legal subdivision or portion of less than forty acres
been irrigated or cultivated either during one season or different seasons since the
date of your entry?
Ans. –—.
Ques. 13. How much water per acre has been conducted upon the land, or upon any
portion under cultivation, in any one season; for how long a time was it so conducted
upº the land, and at what times or seasons? State fully.
IO.S. e
Ques. 14. In what manner was such water conveyed upon the land, whether by
pipes or ditches, and how was it distributed over and through the soil? State particu-
larly and in detail, and describe the ditches as to their width,depth, direction through
Orfºund the land, and give the length of each.
IlS. g
Ques. 15. Have you at this time the right and proprietorship of water sufficient and
available to continue the irrigation of this tract and make perpetual reclamation of
the land, and is it your purpose so to continue its use upon this land, and for the pur-
poses of such reclamation?
Ans. o -
Ques. 16. How was such right or proprietorship obtained, and by what tenure do
sº now hold the same? (Duly verified abstract of title must be furnished.)
IlS. o
Ques. 17. Have you the sole and entire interest in said entry, and in the tract cov-
erº thereby, and the water appropriated to irrigate the same?
Il S. –––.
Ques. 18. Has any other person, individual, or company of individuals any interest
whatever in said entry, tract, or water appropriation? If so, give the name, resi-
dence, and occupation of each such person, and the nature, amount, and extent of
such interest. -
Aps. ©
Ques. 19. Have you made or become the assignee of any other entry, or have you
*.interest, direct or indirect, in any other entry under the desert land act?
S.
(Signature)
I HEREBY CERTIFY that each question and answer in the foregoing deposition was
read to the applicant before — signed — name thereto, and that the same was
subscribed and sworn to before me this— day of —, 18–.
, Register.
, Receiver.
NOTE.-The officer before whom the deposition is taken should call the attention of
the witness to the following section of the Revised Statutes, and state to him that it
is the purpose of the Government, if it be ascertained that he testifies falsely, to prose-
cute him to the full extent of the law :
“TITLE LXX.—CRIMES.–CH. 4.
“SEC. 5392. Every person who, having taken an oath before a competent tribunal,
officer, or person, in any case in which a law of the United States authorizes an oath
to be administered, that he will testify, declare, depose, or certify truly, or that any
written testimony, declaration, deposition, or certificate by him subscribed is true, will-
fully and contrary to such oath states or subscribes any material matter which he does
Inot believe to be true, is guilty of perjury, and shall be punished by a fine of not more
than two thousand dollars, and by imprisonment, at hard labor, not more than five,
years, and shall, moreover, "thereafter, be incapable of giving testimony in any court
of º United States until such time as the judgment against him is reversed.” [See
Sec. 1750. I - -
1110 DESERT LANDS—FORMS USED IN ENTRY of.
[No. 4–73.]
|The deposition of two witnesses, in this form, taken separately, required in each case.]
(Must be taken in person before the register and receiver.)
FINAL PROOF UNDER THE DESERT LAND ACT OF MARCH 3, 1877.
DEPOSITION OF WITNESS.
Ques. 1. State your name, age, residence, and occupation.
AnS. º -
Ques. 2. Are you acquainted with , who made desertland entry No. —,
on the – day of —, A. D. 18—, upon the –?
Ans. º
Ques. 3. How long have you known the party who made this entry?
Ans. ſº
Ques. 4. Have you personal knowledge of this land?
Ans. &
Ques. 5. Has water been conducted upon the land embraced in said entry so as to
irrigate and reclaim the same from its former desert condition to such extent that the
same will produce an agricultural crop 3
Ans. & - -
Ques. 6. What crops have been raised upon said land in each and every year since
its first entry by , under declaration No. —, and by whom
Ans.
Ques. 7. How many acres have been sown or planted in each year, in what crops,
and upon what portion or subdivision of the land, and what amount of crops have
been produced thereon, and by whom? r
Ans. o
Ques. 8. What crops, if any, had been grown upon the land, or upon any portion
thereof, previous to the entry of thereon?
Ans. &
Ques. 9. Would the land, or any portion of it, by cultivation without irrigation,
have produced any agricultural crop whatever, and, if so, what crop 3
Ans. º
Ques. 10. Was there any natural water supply upon such land sufficient to fertilize
or irrigate the whole, or any portion thereof, and, if so, what portion? State fully.
S. tº
Ques. 11. Has the amount of water conveyed upon said land by in any
one season been sufficient to so irrigate the entire tract as to render the same produc-
ty. and, if so, what crop or crops would such irrigation produce?
Ił8. ©
Ques. 12. Has the whole tract been irrigated and cultivated by
one season 3
Ans. º
Ques. 13. Has each smallest legal subdivision or portion of less than forty acres been
lººd or cultivated either during one season or different seasons since the date of
entry
Ans. ©
Ques. 14. How much water per acre has been conducted upon the land, or upon
any portion under cultivation in any one season; for how long a time was it so con-
dº upon the land, and at what times or seasons? State fully.
Ił8. º
Ques. 15. In what manner was such water conveyed upon the land, whether by pipes
or ditches, and how was it distributed over and .# the soil? State particularly
#. in detail, and describe the ditches as to their width, depth, direction through or
* the tract, and give the length of each.
IlS. º
Ques. 16. Has at this time the right and proprietorship of water suffi-
cient and available to continue the irrigation of this tract and make perpetual recla-
mation of the land?
Ans. e
Ques. 17. How did you become acquainted with the facts relative to the irrigation
of said land? -
Ans. – e
Ques. 18. Have you any interest, direct or indirect, in this entry, in the land cov-
ered thereby, or in the water supply used in its irrigation?
Ans. e
(Signature)
in any
f
©
PRIVATE LAND CLAIMS. - 1111
I HEREBY CERTIFY that witness is a person of respectability; that each question
and answer in the foregoing testimony was read to — before — signed — name
thereto, and that the same was subscribed and sworn to before me this — day of
—, 1 , Register.
——, Receiver.
NOTE.-The officer before whom the deposition is taken should call the attention o
the witness to the following section of the Revised Statutes, and state to him that it
is the purpose of the Government, if it be ascertained that he testifies falsely, to prose-
cute him to the full extent of the law.
“TITLE LXX.—CRIMES.—CH. 4.
“SEC. 5392. Every person who, having taken an oath before a competent tribunal,
officer, or person, in any case in which a law of the United States authorizes an oath
to be administered, that, he will testify, declare, depose, or certify truly, or that any
written testimony, declaration, deposition, or certificate by him subscribed is true,
willfully and contrary to such oath states or subscribes any material matter which he
does not believe to be true, is guilty of perjury, and shall be punished by a fine of not
more than two thousand dollars, and by imprisonment at hard labor, not more than
five years, and shall, moreover, thereafter, be incapable of giving testimony in any
court of the United States intil such time as the judgment against him is reversed.”
[See sec. 1750.]
[No. 4–143.]
DESERT LAND–ACT OF MARCH 3, 1877.
(Issued in duplicate—one for claimant, one for the files.)
Receiver's Final Receipt, No. —. Declaration No. —.
LAND OFFICE AT —,
(Date) —, 18—.
Received from — ——, of — county, -, the sum of dollars and —
cents, being final payment of one dollar per acre for the – containing — acres, at
one dollar and twenty-five cents per acre, the sum of twenty-five cents per acre hav-
ing been heretofore paid, as per original receipt No. —.
$—.
9
tºm-sº m , Receiver.
[No. 4–200.]
DESERT LAND–ACT OF MARCH 3, 1877.
(188wed in duplicate; one for claimant, one for the files.)
Register's Final Certificate No —. Declaration No. —.
LAND OFFICE AT }
(Date) , 18–.
IT IS HEREBY CERTIFIED that, in pursuance of the act of Congress approved March
3, 1877, entitled “An act to provide for the sale of desert lands in certain States and
Territories,” , of — county, State or Territory of , has purchased
of the register of this office, and made payment in full for the land described as fol-
lows, to wit: —, containing — acres, at the rate of one dollar and twenty-five
cents per acre, amounting to — dollars.
Now, therefore, be it known, that on presentation of this certificate to the Commis-
sioner of the General Land Office the said shall be entitled to receive a
patent for the tract of land above described.
, Register.
[NOTE.-See original declaration and receipt, No. —.] -
The case is now made up and the papers transmitted, at the end of the month, to the
Commissioner of the General Land Office for approval and patent.
PRIVATE LAND CLAIMS,
[See Chapter XXXI, pages 365 to 410, 1292.]
To JUNE 30, 1883.
No additional legislation by Congress of a general character on the subject of
private land claims has been had since June 30, 1880, and scores of such cases are
now on file in the General Land Office, or in the registers of Congress to which they
have been reported, waiting for an act of confirmation.
1112 PRIVATE LAND CLAIMS PENDING.
The condition and volume of these claims pending in the General Land Office June
30, 1882, can be readily seen by the following exhaustive statement made by the prin-
cipal clerk on private land claims in charge of that division, Luther Harrison, esq.,
before a committee of the United States Senate, December 28, 1881, and January 3,
1882. This statement shows the necessity for Congressional action looking toward
the final settlement of these claims.
- DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., November 30, 1881.
*
PRIVATE LAND CLAIMS DIVISION.
This division of the General Land Office has charge of all claims which had their
origin in some form of concession from a foreign Government before the acquisition by
the United States of the territory in which they are located and are embraced within
the purchases of Louisiana and Florida, the former by the treaty of April 30, 1803,
with France, and the latter by the treaty of February 22, 1819, with Spain, and the
cession made by Mexico by the treaty of Guadalupe Hidalgo and the subsequent
Gadsden purchase. th
The rights of claimants to property acquired from the former governments when
they exercised sovereignty over the region of country in which their respective claims
are situated are recognized and protected by the treaties of acquisition referred to.
After the confirmation of this class of claims under the various laws passed by Con-
gress for ascertaining their validity, their proper location by a United States survey
and patenting come within the supervision of this division. It also has charge of the
examination, location, and patenting of donation claims in the State of Oregon and
the Territories of Washington, New Mexico, and Arizona, and of Indian lands, both
reservations and allotments, and the issuing of scrip in satisfaction of confirmed
claims where the title to such claims has been adjudicated by the Supreme Court of
the United States, under the act of Congress of June 22, 1860, and certificates of loca-
tion or scrip decreed by said court; also, of the examination and authentication of
other scrip issued for like purpose under act June 2, 1858, and the examination and
patenting of New Madrid locations, act February 17, 1815, and of other matters in the
service similar to the foregoing.
STATE OF LOUISLANA.
It is estimated that in the State of Louisiana alone the number of confirmed
private land claims is ---------------------------------------------------- 10,000
Of this number there have been patented ------------------------------. 978
Satisfied with certificates of location, act June 2, 1858. -----------...----. 289
— 1,267
Total undisposed of -------------------------------------------------- 8,733
There remaining at least 8,733 claims unadjudicated and subject to patent.
Relative to the inquiry made by Senator Blair upon his former visit as to the
necessity of issuing patents for this class of claims would say in reply that the acts of
Congress confirming private land claims in Louisiana generally provide for the issue
of patent, and consequently this office has no jurisdiction to consider that question,
but must execute the requirements of the law in that respect by issuing such patents
when applied for.
Upon the general proposition as to the necessity of a patent, my understanding is,
that a patent is essential to establish the boundaries of a confirmed claim and invest
the patentee or lawful claimant with the legal title to the land described in such
boundaries, being conclusive evidence of both. .
“In the Federal courts, where the distinction between legal and equitable proceed-
ings is strictly maintained, and remedies afforded by law and equity are separately
pursued, the action of ejectment can only be sustained upon the possession by the
ñº of the legal title. * * * The patent is the instrument which, under the
aws of Congress, passes the title of the United States. It is the Government convey-
ance. * * * But in the action of ejectment in the Federal courts the legal title
must prevail, and the patent, when regular on its face, is conclusive evidence of that
title.” Gibson v8. Choteau, 13 Wallace, 102
Independent of the foregoing considerations its convenience, too, is undoubtedly
appreciated in the daily business transactions of life. Suppose, for the sake of illus-
tration, that the owner of a confirmed grant of land desired to borrow money upon
his property or transfer it. In either transaction the title would be brought directly
in question, and, in the absence of a patent, the confirmation would have to be resorted
to to establish title. That evidence is not in the possession of the claimant, and could
PRIVATE LAND CLAIMS PENIDING. - 1113
only be exhibited by him by copies furnished from this office. The confirmation clearly
established, a question might very properly arise as to the correctness of the bounda-
ries of the claim as confirmed, which in many cases are vague and difficult of location,
and being liable to be changed by the Government before the issue of a patent might
defeat the object. In this view of the matter a patent is of much importance, as the
objections stated would thus be obviated.
Patents also are absolutely necessary where two private land claims are confirmed
for the same, or portions of the same tract of land, to give the claimants a standing
in court in a suit, if necessary, to determine which is the superior title, and cases of
this kind frequently occur in the administration of this office.
I will now endeavor to give a brief outline of the system adopted of disposing of
this class of claims, the same rule applying to all other classes of claims within the
jurisdiction of this division, and the labor involved in their examination and ad-
justment.
These claims are disposed of as called up by the parties in interest or their duly
authorized attorney, e. g.: An application being made for a patent in a specific case,
an examination is first made of the files, of which there are alphabetical indexes, con-
taining the names of the confirmees in the cases on file, and if the necessary papers
are found constituting the basis of patent, they are examined to ascertain whether
the confirmation is properly stated, the question of confirmation being previously in-
quired into and settled by our own records, that the claim is correctly surveyed, and
corresponds in every particular with the survey as represented upon our township plat,
and generally that the papers are in all respects regular, and conform to the law. If
the examination results satisfactorily, the patent is issued and the case closed; but if
the papers should not be found upon the files, the party is so advised, and is also in-
formed that they must be transmitted before action is taken. Frequently the local
land officers are instructed in that particular direct from this office.
DONATIONS IN OREGON AND WASHINGTON TERRITORY, FORMERLY OREGON TERRI-
TORY.
By act September 27, 1850, a grant of public lands was made to every white settler
above the age of eighteen years, a citizen of the United States or who had declared
his intention of becoming such on or before December 1, 1851, if a resident of said
Territory on or before December 1, 1850; 320 acres to a single man and 640 acres to a
married man, one-half to himself and the other half to the wife, to be held in her
own right upon the condition of four years' continuous residence and cultivation. A
similar grant was also made by the same act to those who went there between De-
cember 1, 1850, and December 1, 1853, and possessed the same qualifications prescribed
for the other class, and upon the same conditions, except that the settler must have
been 21 years of age; and that a single man was only entitled to 160 acres and a
married man to 320 acres, one-half of which went to the wife in her own right.
The time when a claim could be initiated was further extended by subsequent legis-
lation to December 1, 1855.
The files here show that there still remain to be patented, of the above claims. 343
To which add (supposed to have been abandoned)............ ---------...---. 2,000
Relative to the claims supposed to have been abandoned, [I] would say that notifica-
tions were filed as required by law, but the proof of residence and cultivation is want-
ing, and from the fact that they have continued in this condition for a long period of
years, there can be no question but these claims have been abandoned, and consequently
will never be perfected. They cannot be disposed of, however, without legislation of
Congress, fixing a time under a penalty of forfeiture when claimants should come for-
ward and furnish such proof
The necessity for this legislation arises from a defect in the original donation act in
not fixing a time when the proofs required by it of residence and cultivation, &c.,
should be made.
NEW MEXICO DONATIONS UNDER SECOND SECTION, ACT JULY 22, 1854. (SIMILAR To
OREGON.)
Total reported to date-------------------------------------------------------- 234
Patented to present time ----------------------- - * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 26
Total undisposed of ----------------------------------------------------- 208
The act of July 22, 1854 (second section), makes a grant of 160 acres of land to all
persons above the age of twenty-one years, citizens of the United States or natural-
1114 PRIVATE LAND CLAIMS PENDING.
----> w---------------> ---.
ized citizens who were residents of the Territory of New Mexico on or before January
1, 1853, and a like grant of 160 acres of land to persons possessing the same qualifi-
cations who went to said Territory between January 1, 1853, and January 1, 1858—in
the latter class upon the condition of four years' residence and cultivation. Require-
ments in these cases, which must be established by satisfactory proof, are—
1. Age January 1, 1853; if in the second class when claim is alleged.
2. Whether native born or naturalized.
3. Continuous residence and cultivation for four years, if in the second class.
4. That land is agricultural and non-mineral.
5. That donee has never received the benefits of any grant from Spain or Mexico
which has been recognized by the United States.
By the act of Congress approved February 5, 1875 (18 Stat., p. 305), certain lands in
Santa Cruz valley, Pima County, Arizona Territory, were relinquished and granted
“to the person or persons who have been in actual bona fide occupancy or possession
of said land by themselves or their ancestors or grantors for twenty years next preced-
ing the date of the passage of the act.” The register and receiver are authorized by
said act “to hear and determine, subject to the approval of the Commissioner of the
General Land Office, the rights of the parties claiming under” said act and for that
purpose authority is given to summon witnesses, administer oaths, and take testimony
relative to such occupancy or possession. The act further provides upon the final
determination of, any such claim for a survey and patent.
Total number of said claims reported to date...--------------------------------- 89
These claims have been suspended awaiting perfection of proofs as required by law.
CLAIMS IN CALIFORNIA PRESENTED TO BOARD OF LAND COMMISSIONERS (ACT MARCH
3, 1851, AND SUPPLEMENTAL LEGISLATION).
Number of claims ------------------------------------------------------------- 813
Mission claims under No. 609 (24) ---------------------------------------------- 23
Total ------------------------------------------------------------------- 836
Claims rejected by Board and courts, or both -----------...----...--------------- 212
Claims finally confirmed (estimated) ------------------------------------------- 624
Claims surveyed and reported ...----------------------------------------------- 596
Confirmed claims not yet reported.--------------------------------------------- 28
Confirmed claims docketed but not disposed of -----...------------------...----. 25
Total in California to be disposed of.------------------------------------- 53
In the settlement of these claims we dispose, on an average, of seventeen a year.
Many complications arise in the consideration of this class of claims, the boundaries of
which as a general thing are contested, the act of July 1, 1864, affording facilities to
all interested parties for that purpose. These claims usually embrace large tracts of
valuable land, and in settling contests we are called upon to decide questions of law,
in construing the confirmatory decrees, which in many cases are very ambiguous, and
questions of fact in determining the correct location of the boundaries of a claim as
fixed by the decree. -
GRANTs origiNALLY IN NEw MEXICO, Now IN NEw MEXICO AND COLORADo.
Reported by surveyors-general, under eighth section, act July 22, 1854, and con-
firmed by subsequent acts of Congress. Undisposed of.--------...------------.
The same remarks will apply to this class of claims as were made with reference to
California claims. These claims as confirmed are, however, for much larger tracts
than those in California, and the description of boundaries contained in the grants
from which their location must be determined is very vague and indefinite in the
majority of cases.
Of this class of claims there have been reported by the surveyor-general of New
Mexico, under said eighth section, act July 22, 1854, and are now pending in Congress
for action, 70.
Grants in Arizona reported to Congress by surveyor-general of that Territory, under
act of 1854, as extended to Arizona, 11.
Total pending in Congress, 81.
CERTIFICATES OF LOCATION.
This division is also charged with the examination of all applications for certificates
of location, under the act of June 2, 1858. Said act was designed for the benefit of
PRIVATE LAND CLAIMS PENDING, 1115
owners of confirmed private land claims, applying only to those claims confirmed by it
and prior acts of Congress, where the land embraced by such claims had been disposed
of by the United States as public lands, and cannot therefore be satisfied by a location
in place, and the examination necessary is—
1. Right of party to make the application.
2. As to confirmation.
3. Original locus of grant.
4. That land so confirmed has been disposed of by United States.
This scrip, like that issued by this division by virtue of decrees of the Supreme Court
of the United States, under act of 1860, according to the provisions of the act of Con-
gress approved January 28, 1879, is made receivable from actual settlers in commuta-
tion of homestead and payment for pre-emption claims, and is also assignable, and the
examination of assignments as to their regularity is conducted here prior to transmis-
sion to recorder for patenting.
In Supreme Court scrip, locations made prior to act January 28, 1879, above referred
to, no patents are authorized to be issued, but a certificate approving duplicate certi-
ficate of entry was prescribed by Secretary's decision of August 4, 1875, to be issued
by this office as evidence of title.
There are awaiting approvals of duplicates in this division, 1,176.
Scrip applications under act June 2, 1858, to be examined, 96.
jºrip assignments to be examined, act of June 2, 1858, and Supreme Court scrip,
Scrip suspended on account of imperfections in assignments, 169.
PATENTS FOR INDIAN ALLOTMENTS AND RESERVATIONS.
This division is also charged with the issuing of patents for all Indian allotments
and reservations, under the various treaties. Its duties, however, in this particular
are purely ministerial, as all questions of conflict are determined by the Office of In-
dian Affairs, the only labor required by this office, being posting the different allot-
ments upon the tract books and the preparation of patents.
NEW MADRID LOCATIONS.
In 1812 a large part of the land in the county of New Madrid was injured by earth-
quakes, and on February 17, 1815, Congress passed an act for the relief of parties who
had thus suffered. By this act persons whose lands had been materially injured were
authorized to locate a like quantity of land on any of the public lands in the Territory
of Missouri, the sale of which was authorized by law; and it was made the duty of
the recorder of land titles in the Territory, when it appeared to him from the oath or
affirmation of competent witness or witnesses that any person was entitled to a tract
of land under the provisions of the act, to furnish him a certificate to that effect. On
this certificate, upon the application of the claimant, a location was to be made by the
principal deputy surveyor of the Territory, who was required to cause the location to
be surveyed and a plat of the same to be returned to the recorder with a notice desig-
nating the tract located and the name of the claimant.
The act further provided for a report to be forwarded by the recorder to the Com-
missioner of the General Land Office of the claims allowed and locations made, and
for the delivery to each claimant of a certificate of his claim and location, which
should entitle him, on its being transmitted to the Commissioner, “to a patent to be
issued in like manner as is provided by law for other public lands of the United
States.” The act also declared that in all cases when the location was made under
its provisions, the title of the claimant to the original land, founded generally upon
some French or Spanish grant, or other evidence of title.emanating from either of
those governments, should revert to and vest in the United States.
Number of said claims reported.------------------------------------------------ 516
Number disposed of----------------------------------------------------------- 38°
Claims undisposed of -------------------------------------------------------- 134
STATES OF FLORIDA, MISSOURI, ARKANSAS, ALABAMA, MISSISSIPPI, ILLINOIS, MICHI-
g GAN, AND INDIANA.
In addition to the foregoing there are a large number of private land claims and
donations in the States of Florida, Missouri, Arkansas, Alabama, Mississippi, Illinois,
Michigan, and Indiana still unadjusted and unpatented.
In Florida there are 866 claims confirmed by, or pursuant to acts of Congress, or by
the United States Supreme Court, of which United States surveys, with descriptive
notes, are on file here. . The land involved amounts to nearly 1,300,000 acres, and a
very few only of said claims have been called up for patenting.
1116 RECOMMENDATION As To PRIVATE LAND CLAIMs.
There are other claims in Florida which have been confirmed, but not located or
surveyed; and there are many conflicts between those surveyed, which will at some
time have to be adjusted in this office.
In the old Vincennes (Ind.) and Sault Ste. Marie (Mich.) land districts there are
about 100 military and other donations unadjusted and unpatented.
Since the passage of the act of June 6, 1874, this office has not been obliged to issue
patents in confirmed Missouri claims, but many important cases come before it for
adjudication from that State. This act, however, does not apply to New Madrid
claims, which are not private land claims within its meaning, and are, therefore, still
Subject to patent.
It is impossible to tell, without much research, how many unadjudicated claims re-
main in the States of Alabama, Mississippi, and Arkansas, but there is quite a large
number, and they are the subjects of considerable correspondence every year.
Respectfully submitted.
L. HARRISON,
P. C. P. Land Claims.
N. C. MCFARLAND,
Commissioner.
Approved.
For Hons. J. T. MoRGAN and H. W. BLAIR,
Of Committee on Public Lands, United States Senate.
RECOMMENDATION OF THE PUBLIC LAND COMMISSION FOR LEGISLATION AS TO PRIVATE
- LAND CLAIMS.
The Public Land Commission appointed under acts of March 3, 1879, and June 16,
1880, in their preliminary report of February 24, 1880, after careful review of the sub-
}. and having before it the testimony of a score of witnesses as to the necessity for
egislation, made the following suggestions (see H. Ex. Doc. No. 46, Forty-sixth Con-
gress, second session, together with testimony taken, 690 pages):
PRIVATE LAND CLAIMS.
So far as concerns all private land claims situate in any cessions from foreign Gov-
ernments outside of the boundaries covered by the treaty of Guadalupe Hidalgo and
the subsequent Gadsden purchase, the commission has but one recommendation to
submit. Numerous acts of Congress have, from 1806 to 1872, inclusive, granted in-
demnity scrip for confirmed private land claims, wholly or partly lost by non-loca-
tion, or conflict with other claims, entries, or rights, or reduced by deficient surveys.
Most of these acts were temporary or local, or both ; but an act of Congress, approved
June 2, 1858 (Stat. at Large, vol. II, pp. 294–5), made general provision for all claims
confirmed by Congress before that date and then remaining unsatisfied. The ascer-
tainment and satisfaction of the claims therein provided for was placed within the
jurisdiction of the executive officers of the United States; but as the questions in-
volved are purely legal, the commission recommend a transfer of the jurisdiction
to the Federal courts. The General Land Office would then be restricted to issuing
such scrip, only upon judicial confirmation. This will not impair such rights as may
have vested under past laws, but it will provide a safer and more satisfactory mode
of ascertainment. This recommendation is formulated in sections 221 to 223, inclu-
sive, in the accompanying bill.
The commission has no recommendations to make concerning private land claims
in that part of the cessions from Mexico which fall within the State of California.
The laws governing the confirmation and the segregation of these claims have been
so far executed that very few claims are unsettled. So far as we are advised, none of
these claims are pending in the courts upon the confirmation of title, and but thirty-
seven have not been finally adjudicated upon the question of survey. Even as to
that limited number, most of them have been surveyed by the Government, and the
questions incidental thereto are rapidly approaching a final settlement. Whatever
views we might have desired to submit if the question was res integra, there is no
subject-matter to which new legislation by Congress would be applicable.
Sections 206 to 219, inclusive, of accompanying bill embody our recommendations
as to the private land claims within the cessions from Mexico by treaty of Guadalupe
Hidalgo and the Gadsden purchase, but exclusive of the State of California. These
sections are literal transcripts of a bill introduced in the Senate during the present
Congress by Hon. George F. Edmunds.
In California, Congress, by the acts of March 3, 1851, June 14, 1860, July 1, 1864,
and July 23, 1866, provided machinery for the ascertainment and settlement of these
claims, which has resulted in their final confirmation or rejection and in their subse-
plent segregation from the adjacent public lands. Questions of title were settled by
e Federal courts, and authority to segregate claims judicially confirmed was vested
in the proper executive officers of the United States.
EDMUNDs BILL FOR SETTLING PRIVATE LAND CLAIMs. 1117
But in the remainder of the territory derived from Mexico a different mode from
settling private land claims was prescribed. The basis of such settlement is the
eighth section of the act of July 22, 1854, which made it the duty of the surveyor-
general to “ascertain the origin, nature, character, and extent of all claims to lands
under the laws, usages, and customs of Spain and Mexico,” and to report his conclu-
sions to Congress for its direct action upon the question of confirmation or rejection.
The law was singularly defective in machinery for its administration, and it imposed
no limitation of time in the presentation of claims, and no penalty for failure to pre-
sent. Its operation has been a failure amounting to a denial of justice both to
claimants and to the United States. After the lapse of nearly thirty years, more
than one thousand claims have been filed with the surveyor-general, of which less
than one hundred and fifty have been reported to Congress, and of the number re-
ported Congress has finally acted upon only seventy-one. Under the law, only copies
of the original title papers were submitted to Congress, and it is not presumed that
its committees are so constituted as to make safe judicial findings upon the validity
of titles emanating from foreign Governments, nor to measure the era of claims whose
boundaries rest exclusively upon meager recital of natural objects in terms of very
general description. As a consequence the committees of Congress have naturally
been reluctant to act with insufficient data upon questions which involved the func-
tions of the judge rather than of the legislator, and as these claims have heretofore
pertained to a semi-foreign population in a comparatively unsettled portion of our
Territories, business of more importance to the general welfare of the nation has been
permitted to exclude these local matters from regular consideration. In the limited
number of cases finally confirmed, Congress has been compelled to confirm by terms
of general description, which have usually proved to include much greater areas of
land than Congress would knowingly have confirmed. The established rule of area
under the Mexican colonization law was a maximum of eleven leagues to a claimant,
being a little less than 50,000 acres; but as illustrations of the natural result of con-
firmation without proper judicial investigation, one confirmation by Congress to two
claimants has proved to embrace 1,000,000 acres and another about 1,800,000 acres.
The time has arrived when the States and Territories containing these treaty claims
are no longer on the frontier, and they have ceased to be populated exclusively by a
foreign population. Lines of transcontinental railroads are piercing them in every
direction; the restless activity of American civilization is spreading towns and farms
over the plains, and has exposed the hidden treasures of the mountains; emigration is
flowing in with magical rapidity, and industry and thrift are exploring every avenue
for development and investment. But at the foundation of all permanent growth lies
the security and certainty of land titles, and no discussion is required to prove that
this is unattainable in communities covered with claims to title of foreign derivation
and of unascertained boundaries. Even the Government is ignorant of the line of
demarkation between its public lands and these treaty claims, and uncertainty and
insecurity taint the titles of its purchasers. The sections proposed in our law are
intended to cure these evils and to provide a practical and speedy mode of settling
these claims to title. The eminent source from which the commission has copied its
recommendation inspires us with great confidence in the sufficiency of the remedy pro-
posed. It is in substance a judicial determination of the validity of the claims, with
bar for non-presentation within a prescribed period, and a compulsory segregation after
confirmation.
The experience of California has, however, demonstrated that in the lapse of years
during which the United States have slept upon the fulfillment of these treaty obliga-
tions many of these claims have passed into the hands of innocent purchasers for val-
uable consideration. Cases will doubtless occur when the title of their grantees will
be rejected or the lands so purchased will be excluded from the final survey of the
grant. It was deemed simple justice to give such grantees a preference right to pur-
chase from the United States at $1.25 per acre, to the extent of their actual possession,
according to the lines of their original purchase, and section 220 is recommended to
that end. It is simply a literal enactment as general legislation of section 7 of the
act of Congress of July 23, 1866, and applicable only to California. It has operated
with extreme beneficence in the State, and its principle should be equally applied fo
any other locality wherein the same conditions exist. *
4.
THE EDMUNDS BILL FOR SETTLING PRIVATE LAND CLAIMS.
The Public Land Commission, as above noted, recommended the adoption of the bill
presented in the Senate December 14, 1881, by Hon. George F. Edmunds, of Vermont,
for ascertaining and settling private land claims in certain States and Territories.
The bill was as follows: -
1118 EDMUNDS BILL FOR SETTLING PRIVATE LAND CLAIMs.
S. 504.
[Forty-seventh Congress, first session.]
IN THE SENATE OF THE UNITED STATES.
DECEMBER 14, 1881.—Mr. EDMUNDs asked and, by unanimous consent, obtained leave to bring in the
following bill; which was read twice and referred to the Committee on Private Land Claims.
FEBRUARY 17, 1882.—Reported by Mr. BAYARD with amendments, viz.: Omit the parts printed within
brackets and insert the parts printed in italics.
A BILL to provide for ascertaining and settling private land-claims in certain States and Territories.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That it shall and may be lawful for any person or persons, or
corporations, or their legal representatives, claiming lands within the limits of the
territory derived by the United States from the Republic of Mexico, and now embraced
within the Territories of New Mexico, Wyoming, Arizona, or Utah, or within the States
of Nevada or Colorado, by virtue of such lawful incomplete Spanish or Mexican grant,
concession, warrant, or survey as the United States are bound to recognize and con-
firm by virtue of the treaties of cession of said country by Mexico to the United States,
which, at the date of the passage of this act, have not been confirmed by act of Con-
gress, or otherwise finally decided upon by lawful authority, and which have not be-
come complete and perfect, in every such case to present a petition, in writing, to the
judge of the district court of the United States in a State or Territory for the judicial
district in which such lands may be situate, setting forth fully the nature of their
claims to the lands, and particularly stating the date and form of the grant, conces-
sion, warrant, or order of survey under which they claim, by whom made, the name
or names of any person or persons in possession of or claiming the same, or any part
thereof, otherwise than by the lease or permission of the petitioner; and also the
quantity of land claimed and the boundaries thereof, where situate, with a map show-
ing the same, as near as may be ; and whether the said claim has heretofore been con-
firmed, considered, or acted upon by Congress, or the authorities of the United States,
or been heretofore submitted to any authorities constituted by law for the adjustment
of land titles within the limits of the said territory so acquired, and by them reported
on unfavorably or recommended for confirmation, or authorized to be surveyed or not;
and praying in such petition that the validity of such title or claim may be inquired
into and decided. And the said courts respectively are hereby authorized and re-
quired to take and exercise jurisdiction of all cases or claims presented by petitien
in conformity with the provisions of this act, and to hear and determine the same, as
hereinafter provided, on the petition and proofs in case no answer or answers be filed
after due notice, or on the petition and the answer or answers of any person or per-
sons interested in preventing any claim from being established, and the answer of the
district attorney where he may have filed an answer, and such testimony and proofs
as may be taken ; and a copy of such petition, with a citation to any adverse posses-
sor or claimant, shall, immediately after the filing of the same, be served on such pos-
sessor or claimant in the ordinary legal manner of serving such process in the proper
State or Territory, and in like manner on the district attorney of the United States;
and it shall be the duty of the United States attorney for the proper district, as also
any adverse possessor or claimant, after service of petition and citation, as hereinbe-
fore provided, within thirty days, unless further time shall, for good cause shown, be
granted by the judge or court to whom said petition is presented, to enter an appear-
ance, and plead, answer, or demur to said petition; and in default of such plea, answer,
or demurrer being made within said thirty days, or within the further time which may
have been granted as aforesaid, the court shall proceed to hear the cause on the peti-
tion and proofs, and render a final decree according to the provisions of this act; and
in no case shall a decree be entered otherwise than upon full legal proof and hearing;
and in every case the court shall require the petition to be sustained by satisfactory
proofs, whether an answer or plea shall have been filed or not. -
SEC. 2. That all proceedings subsequent to the filing of said petition shall be conducted
as near as may be according to the rules of the courts of equity in the proper Territory
or courts of the United States in the States, except that the answer of the attorney of
the United States shall not be required to be verified by his oath, and no continuance
shall be granted unless for good cause shown; and the said court shall have full power
and authority to hear and determine all questions arising in said case relative to the
title of the claimants, the extent, locality, and boundaries of said claim, or other
matters connected therewith fit and proper to be heard and determined, and by a final
decree to settle and determine the question of the validity of the title and the bound-
aries of the grant or claim presented for adjudication, according to the law of nations,
the stipulations of the treaty concluded between the United States and the Republic
EDMUNDs BILL FOR SETTLING PRIVATE LAND CLAIMS. 1119
of Mexico at the city of Guadalupe Hidalgo on the second day of February, in the
year of our Lord eighteen hundred and forty-eight, or the treaty concluded between
the same powers at the city of Mexico on the thirtieth day of December, in the year
of our Lord eighteen hundred and fifty-three, and the laws and ordinances of the
Government from which it is alleged to have been derived, and all other questions
properly arising between the claimants or other parties in the case and the United
States, which decree shall in all cases refer to the treaty, law, or ordinance under
which such claim is confirmed or rejected; and in all cases the party against whom
the judgment or decree of said district court may be finally rendered shall within six
months be entitled to an appeal to the Supreme court of the proper Territory, and
from the supreme court of a Territory, and if the case be in a United States court in
a State, from that court to the Supreme Court of the United States, which shall be
taken and allowed within one year, and in the manner now prescribed by law for
taking appeals from said courts; which Supreme Court shall retry the cause, as well
the issues or questions of fact as of law, and may hear testimony in addition to that
given in the court below, and may amend the record of the proceedings below as truth
and justice may require; in which Supreme Court of the United States every question
shall be open, and its decision shall be final and conclusive; and should no appeal be
taken, the judgment or the decree of the said district court shall in like manner be
final and conclusive, as shall be also the decision of the Supreme court of the Territory
unless appealed from; and all the courts aforesaid 8hall advance the hearing of cases wmder
this act as far as the 8ame may be done consistently with the public interest.
SEC. 3. That the testimony which has been heretofore lawfully and regularly re-
ceived by the surveyor-general of the proper Territory or State, or by the Commis-
sioner of the General Land Office, upon all claims presented to them respectively,
shall be admitted in evidence in all trials under this act when the person testifying
is dead, so far as the subject-matter thereof is competent evidence; and the court
shall give it such weight as, in its judgment, under all the circumstances, it ought to
3.V6.
SEC. 4. That it shall be the duty of the Commissioner of the General Land Office of
the United States, the surveyors-general of such Territories and States, or the keeper
, of any public records who may have possession of the records and testimony pertain-
ing to any land-grants or claims for land within said States and Territories in relation
to which any petition shall be brought under this act, on the application of any person
interested, or by the attorney of the United States for either of said Territories or
districts, to furnish copies of such records and testimony, certified under his official
signature, with the seal of office thereto annexed, if there be a seal of office; which
copies, if the originals are not within the jurisdiction of the court, shall have the
same effect as testimony that the originals would have if produced. The legal fees
shall be paid for such copies by the parties applying for the same, except the attorney
of the United States. -
SEC. 5. That the provisions of this act shall extend only to such claims as may be
presented and filed within three years from the date of its passage; and all petitions
under this act may be presented in vacation or term time, but the final hearing on
the same shall be had and the final decree rendered only at the regular terms of the
district courts; and the judges of said district courts and the Supreme courts in the
said Territories are hereby authorized, in vacation, in all cases arising under this act,
to grant all orders for taking testimony, or otherwise to hear and dispose of all
#. and do all other things necessary to be done to bring the same on to a final
Öar IIlº.
§.º. That upon the final decision in accordance with this act of any claim prose-
cuted under it, in favor of the claimant or claimants, it shall be the duty of the clerk
of the court in which such final decree is had to transmit a duly certified copy of the
decree to the surveyor-general of the proper State or Territory, who shall thereupon
cause the lands specified in said decree to be surveyed at the expense of the United
States. Triplicate plats and certificates of the survey so made shall be returned into
his office, one of which shall remain in his office, and one, duly authenticated, shall
be delivered, on demand, to the party interested therein, and one shall be sent to the
Commissioner of the General Land Office; on receipt and approval of which survey
and plat by said Commissioner and the Secretary of the Interior, the President of the
United States shall issue a patent to said claimant, subject to the provisions of this
act; but one-half the necessary expense for making such survey and plat shall be
paid by the claimant, and shall be a lien on said land, which may be enforced by sale
of so much thereof as shall be necessary for that purpose, after a default of payment
thereof for six months next after the approval of such survey and plat; and no patent
shall issue until such payment. -
SEC. 7. That the clerk of the court in which such petition may be filed shall, and
he is hereby directed, when any petition or claim is filed under the provisions of this
act, before any proceedings thereon, subject to the direction of a judge, to require
reasonable security for all costs and charges which may accrue thereon in prosecuting
1120 EDMUNDS BILL FOR SETTLING PRIVATE LAND CLAIMs.
the same to a final decree; and the district attorney, clerk, marshal, and witnesses
shall severally be allowed such fees for their services and attendance as may be al-
lowed by law for the like services and attendance in the United States courts for the
proper State or Territory.
SEC. 8. That it shall be the duty of the attorney of the United States for the proper
Territory, in every case when the decision or decree of the district court is against
the United States, to appeal the cause to the supreme court of the Territory; and if
the decision of the latter court be against the United States, a copy of the record and
decree, with a statement of the legal questions involved, shall be forthwith trans-
mitted by the district attorney to š. Attorney-General; and in like manner he shall
transmit a copy of the record and decree in any case decided against the United
States in the district court in a State; and unless the Attorney-General shall other-
wise direct, the district attorney shall appeal the cause to the Supreme Court of the
United States.
SEC. 9. That if in any case it shall so happen that the lands decreed to any claim-
ant under the provisions of this act shall have been sold or granted [for a valuable
consideration] by the United States, it shall be lawful for such claimants, or their
legal representatives, at any time within one year after the rendition of the final
decree in their favor, to execute and file, in the office of the Commissioner of the
General Land Office, a release to the United States of all right, title, or claim to the
land so sold or granted by the United States; and thereupon there shall be issued by
the said Qºmmissioner (under such regulations as may be prescribed by the Secre-
tary of the Interior), to such claimant, or his legal representatives, scrip for an equal
amount of acres so released, in quantities not exceeding six hundred and forty acres
each, which scrip shall be assignable in such form as may be prescribed by said Secre-
tary, and shall be receivable, acre for acre, in payment for any public lands in either
of said Territoires or States respectively that may be subject to private entry at the
minimum price.
SEC. 10. That the provisions of this act shall extend to any city lot, town lot, village
lot, farm lot, or pasture lot held under a grant from any corporation or town [to
which lands have been lawfully granted], any grant which may be entitled to confirma-
tion under this Government, for the establishment of a city, town, or village, by the
Spanish or Mexican Government, or the lawful authorities thereof; but the claim for
said city, town, or village shall be presented by the corporate authorities of the said
city, town, or village, or, where the land upon which said city, town, or village is
situated was originally granted to an individual, the claim shall be presented by or
in the name of said individual or his legal representatives.
SEC. 11. That all claims which are by the provisions of this act authorized to be
prosecuted shall, after three years from the taking effect of this act, if no petition in
respect to the same shall have been filed as hereinbefore provided, be deemed and
taken, in all courts and elsewhere, to be abandoned, and shall be forever barred.
SEC. 12. That all the foregoing proceedings and rights shall be conducted and de-
cided subject to the following provisions, as well as to the other provisions of this
act, namely: -
First. No claim shall be allowed that shall not appear to be upon a title lawfully
and regularly derived from the Government of Spain or Mexico, and one that at the
date of the acquisition of the territory by the United States the claimant would
have had a lawful right to make perfect had the territory not been acquired by the
United States, and that the United States are bound upon the principles of public
law, or by the provisions of the treaty of cession, to respect and permit to become
complete and perfect.
Second. No claim shall be allowed that shall interfere with or overthrow any just
and unextinguished Indian title or right to any land or place.
Third. No allowance or confirmation of any claim shall confer any right or title to
any gold, silver, or quicksilver mines or minerals of the same, unless the grant claimed
effected the donation or sale of such mines or minerals to the grantee, or unless such
grantee has become otherwise entitled thereto in law or in equity; but all such mines
and minerals shall remain the property of the United States, with the right of working
the same, which fact shall be stated in any patents issued under this act. But noth-
ing in this act shall authorize the working of any mines therein by any person except
the confirmee, or his assigns, until Congress shall provide by law therefor.
Fourth. No claim shall be allowed for any land the right to which has hitherto
been lawfully acted upon and decided by Congress, or under its authority.
Fifth. No proceeding, decree, or act under this act shall conclude or affect the pri-
vate rights of persons as between each other, all which rights shall be reserved and
saved to the same effect as if this act had not been passed; but the proceedings, de-
crees, and acts herein provided for shall be conclusive of all rights as between the
United States and all persons claiming any interest or right in such lands.
Sixth. No confirmation of or decree concerning any claim under this act shall in
any manner operate or have effect against the United States otherwise than as a re-
LEGISLATION RECOMMENDED BY SURVEYORS-GENERAL. 1121
lease by the United States of its right and title to the land confirmed; nor shall it
operate to make the United States in any manner liable in respect of any such grants,
claims, or lands, or their disposition, otherwise than as herein provided.
Seventh. No confirmation shall in any case be made or patent issued for a greater
quantity than eleven square leagues of land, to or in the right of any one original
grantee or claimant, or in the right of any one original grant to two or more persons
jointly, nor for a greater quantity than was authorized by the respective laws of Spain
or Mexico applicable to the claim.
SEC. 13. That section eight of the act of Congress approved July twenty-second,
anno Domini eighteen hundred and fifty-four, entitled “An act to establish the offices
of surveyors-general of New Mexico, Kansas, and Nebraska, to grant donations to
actual settlers therein, and for other purposes,” and all acts amendatory or in exten-
Sion thereof, or supplementary thereto, and all provisions of law inconsistent with
this act, be, and the same are hereby, repealed.
The bill did not become a law.
LEGISLATION RECOMMENDED BY SURVIEYORS-GENERAL.
The surveyor-general of Arizona, Hon. John Wasson, in his report to the Com-
missioner of the General Land Office for 1881, says of
SPANISH AND MEXICAN PRIVATE LAND CLAIMS.
But for the failure or neglect of parties to present their claims acquired under Span-
ish and Mexican laws for examination, every claim of any great importance would ere
this have been reported as required by act of July 15, 1870; and, as it is, there are
only four positively known to this office, and they lie partly in Sonora and partly in
Arizona, which have not been presented, and all but one (El Sopori), for which peti-
tions have been filed, have been reported and preliminary surveys executed. There
are some, perhaps many, claims to very small tracts, granted by alcaldes and captains
of presidios, which have not been presented for the action of this office.
My last annual report referred to seven claims, aggregating 49% square leagues, hav-
ing been presented and reported upon, 32% leagues being recommended for confirma-
tion and 17 for rejection. Five leagues were adversely reported because of forged
title papers, and 12 because in excess of the amount granted.
As a rule, claimants petition for and set up claim to all land within the boundaries
referred to in their title papers. Excepting the case of the “Calabazas” every title
paper presented shows that the original grantees petitioned the authorities for an
exact quantity by square leagues and specific parts of square leagues, and that such
quantity was always appraised in accordance with prices fixed by law, set forth as
exactly measured, sold, and granted. The former Governments were very careful to
require full payment for all land granted, however small the fraction of a league
might appear in the proceedings of measurement, appraisement, sale, and grant.
Quantity being mentioned with exactness throughout all the proceedings, from the
petition to grant, I caused all the preliminary surveys (save that of the “Cala-
bazas”) to be made for such exact quantity, and thus have justly recommended to
Congress a saving of many square miles of land, without attempting to deprive any
claimant of even a square inch to which he or his grantors ever had a lawful right.
A very thorough examination of Spanish and Mexican land laws has convinced me
that neither Spain nor Mexico ever granted absolute title to mines and minerals, and
that the right or any right to them could be acquired only in pursuance of the pro-
visions of the mining ordinances; and that under grants and sales of land for graz-
ing and agriculture no rights whatever to mines or minerals in the land so granted
were acquired by the grantee, but all right and title thereto remained in the Gov-
ernment notwithstanding the grants; therefore I have recommended in all my reports
upon claims in which minerals are even supposed to exist that the act of confirmation
specially exempt the mines and minerals and reserve them to the Government.
In the famous case of the United States v. Andres Castellero (2 Black), the Supreme
Court emphatically declares that a Spanish or Mexican title to land does not convey
the minerals contained in the land granted, nor any interest in them, and that rights
to mines and minerals could be acquired only under the mining ordinances. It is
hoped that Congress will not make a donation of mines and minerals at wholesale to
owners of immense grants of land made by foreign Governments, and at the same
time continue the practice of selling the mineral lands (which were never claimed as
private property) at a high price and under expensive conditions. I believe it is now
the uniform practice of our Government to insert in patents for lands acquired under
all other than the mining laws a clause exempting the mines and minerals therefrom,
and with more reason should Congress exempt them from Spanish and Mexican grants
by its acts of confirmation.
Since my last annual report the following titled cases have been reported:
January 21, 1881, “La Aribac ;” petition by Charles D. Poston, with an interven-
71 L O—WOL III
1122 LEGISLATION RECOMMENDED BY SURVEYors-GENERAL.
ing petition by Santiago Ainsa; confirmation of all within boundaries asked; 2
Square leagues recommended to the legal representatives of the original grantees.
February 5, 1881, “San Juan de las Boquillas y Nogales; ” petition by Janet G.
Howard and George Hearst, and asked confirmation of all within designated bound-
: recommendation for confirmation of exactly 4 square leagues to present peti-
IOInerS.
February 25, 1881, “Los Nogales de Elias,” which lies partly in Mexico; petitioners
Camon Brothers and the heirs of Elias; recommendation for confirmation of that pro-
portion of 73 square leagues which falls within Arizona, by measurements or surveys
based upon the initial point described in the original title papers, which gives about
two square leagues, one-half to Camon Brothers, and one-half to the legal representa-
tives of the original grantees.
March 1, 1881, two sowing lots and a house lot, granted by captains of presidios;
present petitioners Sabino Otero et al., to whom confirmation was recommended to
the exact areas called for in the title papers, amounting to between 400 and 500 acres.
A petition has been before this office for more than a year asking for a report upon
a claim to 31; square leagues, and the case would have been reported months ago but
for the pressing demands for delay upon part of petitioner. I have no doubt but the
claim is based upon forged title papers, and shall so report. -
During the past year I found it necessary to send an agent to Hermosillo to spe-
cially examine certain records relating to land claims in Arizona, and finding refer-
ences in title papers before me to land records in the Mexican city of Chihuahua, I
deemed it a wise precaution to have the archives in said city examined by a trusted
and competent employé of this office. It is sometimes as necessary to know that
records do not exist as that they do. This office labors under unexampled difficulties
in the examination of titles to lands issued by Spain and Mexico, inasmuch as all the
original records and title papers (save the mere testimonios) are about four hundred
miles distant, in a foreign country. However frequently and carefully these foreign
archives may be searched by a competent person, it is impossible to note and report
all points that arise in each case. Some cases that are presented for examination
and report compel special examinations in Mexico of the papers and records pertain-
ing to such cases. This fact requires time and expense. A pending case requires
another examination of the archives in Hermosillo, in a particular that no searcher,
however competent and cautious, could have anticipated in a general search.
In his report for 1882 Mr. Wasson again calls attention to this subject:
“SPANISH AND MEXICAN PRIVATE LAND CLAIMs, 1882.
“Titles to but three of these claims have been reported upon during the past fiscal
ear, viz:
“‘El Sopori,’ the Sopori Land and Mining Company, petitioners, for 31; square
leagues. After a very thorough examination, the title was pronounced forged and
invalid, and a recommendation made that it be rejected.
“‘Buena Vista,’ Frederick Maish and Thomas Driscoll, petitioners, for 4 square
leagues, the greater portion lying in Sonora, Mex. The title was found to be genuine,
and confirmation recommended.
‘‘‘ Rancho de Martinez,” Nicolas Martinez et al., petitioners, and quantity very small,
it being a grant made by the justice of the peace of Tucson. Independent of the title
paper, petitioners had acquired a right to confirmation by long, useful, and undis-
puted occupation, and a recommendation was accordingly made.
“Several claims to more or less land are still to be examined and reported. All
would have been passed upon had claimants presented their claims. No law com-
els them to ask for an adjudication of titles, and the non-action of Congress on claims
ong since reported in accordance with existing law tends to discourage them, and
creates a fear that, after doing all they can do under the law, their cases will be rele-
gated to the courts, proceedings which in many cases would amount to confiscation.
It is not stating the case too strongly to say that the non-action of Congress is an in-
excusable outrage upon settlers generally, as well as upon owners of sound titles, the
confirmation of which is guaranteed by international treaty. The homes of about
twenty thousand people in Arizona are in jeopardy because of private land claims,
some of which are not yet presented for investigation, and owners of sound grants are
absolutely deprived of the possession of their property by Squatters, who are encour-
aged to believe they have rights by the non-action of Congress. Thus great damage
is done to thousands of honest men and their families and the improvement of the
lands prevented. Congress ought, upon every consideration of expediency and justice,
to immediately confirm or reject all claims reported in accordance with law; and if
the present system is not right, or not the best, to promptly enact a new law and cause
it to be vigorously enforced upon part of claimants and those charged with its execu-
tion. The treaty with Mexico requires that this be done. Sound public policy de-
LEGISLATION RECOMMENDED BY SURVEYORS-GENERAL. 1123
mands it, and good faith with claimants and settlers generally calls aloud and justly
upon Congress to perſorm this obvious duty.
“During the past year a number of petitions have been filed praying investigation
of the rights of communities of Indians to lands, . The petitions do not even allege
that the claims are based upon title papers, but evidently rely upon the ‘laws, usages,
and customs of Spain and Mexico.” These cases ought to be speedily examined and
reported. (It is no fault of this office that they have not been.) The longer deferred,
the greater the hardships which are certain to ensue, however determined. If it be
decided that the Indians have valid rights by reason of long occupation and the
usages and custons referred to, many people will lose their homes and mining rights
be greatly interferred with, if not in effect destroyed, though no title to mines passed
with grants under the Spanish and Mexican system of disposing of lands; and upon
the other hand, if it be found that the Indians have no rights to or in the lands claimed,
they will become wanderers over the country and public nuisances, and of necessity
suffer much without being responsible therefor.
“Provision ought to be made for a thorough search of all land records in the Mexi-
can States of Chihuahua, Jalisco, Sinaloa, and Sonora. Original title papers or records,
or both, to lands in Arizona, and quite likely in New Mexico, are liable to be found
in the archives of either of Said States. The original titles and all loose papers con-
nected therewith to lands anywhere in the United States ought to be surrendered to
our Government, and full copies made of all records pertaining to titles to such lands
which are so interwoven with the records in any of these States that they cannot be
detached. An expert in Spanish title documents should superintend the work, and
wherein only copies can be obtained careful notes should be taken regarding any pe-
culiarity of each and of all points indicating soundness or unsoundness of titles.
“Manifest destiny’ seems to point to a further expansion of our country southward,
and hence it would be wise policy for our Government to be vigilant in this matter of
foreign land titles across our southern border. Enough was long since developed in
California to demand such vigilance, and Arizona has already supplemented the his-
tory of California in this respect.”
FECOMMENDATIONS OF SURVEYOR-GENERAL OF NEW MEXICO. #
Hon. Henry M. Atkinson, surveyor-general of New Mexico, which contains the
largest number of these unadjusted claims, in his report to the Commissioner of the
General Land Office for 1881, says:
PRIVATE LAND CLAIMS,
There have been three private land claims filed during the year, to wit:
No. 184, Town of Atrisco. José Hurtado de Mendoza et al., grantees.
No. 185, San Jose Spring. Paulin Montoya et al., grantees.
No. 186, La Nasa. Manual Lucero, grantee.
A considerable amount of testimony has been taken in several cases, and final action
has been taken in the following cases:
Reported No. 123. Ignacio S. Vergara. Approved.
Reported No. 124. Juan Montes yº grantee. Approved.
Reported No. 125. Don Fernandez de Taos, town of, grantee. Approved.
The transcripts of the two former have been transmitted, and that of the latter will
be forwarded in due time.
The land-grant question is becoming more serious in this Territory as time lapses,
and again, in the language of my last report, I beg to renew my recommendation made
in previous reports, that Congress fix a limitation on the time for filing and prose-
cuting private land claims and provide that they should be barred thereafter, and I
again earnestly urge the importance of providing some safer and speedier method of
adjudicating claims of this character, as the present method is unsatisfactory and un-
safe, both for the Government and claimants. Judging from the light of experience I
am of the opinion that a reference of these cases for adjudication to the district courts
of the respective districts in which the lands may be situated would not be advisable,
and, while there are some arguments in favor of such a reference, I believe the results
would not be as satisfactory as under the present system.
Some of the objections to that method are that the court of adjudication should have
direct and ready access to all the archives, it being frequently necessary, on account of
the antiquity of the title papers, to introduce for purposes of comparison other original
documents bearing the signatures of the same Spanish or Mexican officials whose signa-
tures, or purported signatures, appear on the muniments of title in the case at bar, and
the genuineness or ungenuineness of these title papers is frequently necessarily deter-
mined by such comparison when there are no living witnesses familiar with the
signatures of such officials to prove or disprove the genuineness of the same.
1124 LEGISLATION RECOMMENDED BY SURVEYORS-GENERAL.
The evidence of the abandonment or fraudulent character of a grant may exist
among the archives in documents having no direct connection with the case at bar
in one district, and the same document may embrace evidence of a similar character
or reverse in another case pending in another district, and the document may be re-
quired in evidence in both district courts at the same time, or its existence may be
known to one and unknown to the other, or may be unknown to either, unless direct
and easy access to the entire archives can be had by the court. If these documents
were sent back and forth from one district to another or to and from the regular custo-
dian of the same, they would be liable to be lost, and if distributed among the several
judicial districts the evidence of legality or illegality of the documents in some par-
ticular case might be on file in another district than the one in which it might be
required in evidence in such particular case.
The investigations of this office the past five years have demonstrated that some of
these alleged grants are forgeries, and a comparison of the signature of the governor
on the alleged title papers with the signature of such officer, proven and accepted as
genuine upon other documents in the archives, and the judgment of experts thereon
is not unfrequently required to establish the character of the documents under consid-
eration. Unless the court before which these claims are adjudicated can have access
to all of these archives, it is much more liable to be imposed upon by fraudulent title
papers.
It is not a difficult matter for witnesses to be obtained to swear to whatever may be
deemed necessary to establish the claim, if parties were so disposed, and the closest
scrutiny and most careful investigation is absolutely essential in these cases. There
are two methods that could safely be adopted in the adjudication of these cases, to
wit, by a commission appointed for that express purpose similar to that of California,
with like powers and right of appeal from their action; the other would be to continue
the authority in the surveyor-general, before whom all the testimony could be taken,
and require the supreme court of the Territory (or United States court of the district
in case of a State) to review each case before it is transmitted to Congress for its
action, with the right of appeal therefrom to the circuit and supreme courts of the
United States, or what would be better, have but one court of appellate jurisdiction.
The surveyor-general could continue to make these investigations as before, taking
the testimony in writing as under the present system, and his action in every case
would be subject to review by the supreme court of the Territory or the United
States district court of the States; which courts, having all the evidence before them,
or accessible, could with facility dispose of the same without the duty imposed inter-
fering materially with the other business of the court, and if they required further
testimony in any case, they could remand it back to the surveyor-general for that
purpose.
If the authority is continued in the surveyor-general to investigate these cases, he
should be specifically empowered by law to issue compulsory process, punish for con-
tempt, &c., and the United States district attorney should be required to appear on
behalf of the Government from the inception of the investigation.
If Congress will fix the limitation, and provide some such mode of adjudication of
these claims as is herein suggested, they will be rapidly disposed of, and the titles in
this Territory, now in such an unsettled condition, will be speedily adjusted.
The acquisition to the population of New Mexico the ensuing year from immigra-
tion is estimated at not less than 50,000, and will probably exceed that, and it is all
important that these titles be adjusted without further delay, and the lands embraced
therein segregated from the public domain, so that the settlers upon the public lands
may locate with some degree of confidence and certainty in eventually securing title
to the lands settled upon by them.
Many of these grant title papers are doubtless still in the personal possession of the
grantees or their descendants, and the particular location of the tracts covered by
them, as well as the lands embraced by those claims on file but unadjudicated, is
necessarily unknown. Individuals may locate on what is supposed to be public land,
and after they have erected valuable buildings and improved the tract it may finally
be ascertained to be embraced within the limits of a grant, and the labor and outlay
of years are taken from the settler. - -
Where the Government has such large interests involved, and the property and im-
provements of settlers on the public lands are so much in jeopardy, it does seem as
though Congress should give this matter prompt attention, and, in providing for the
adjudication of claims of this character, the right of appeal to the several courts in-
wolves a great expense both to the Government and claimants; and while there should
be a court to review the proceedings of the commission, or court having primary juris-
diction, in order to meet the demands of justice and as a safeguard against errors, yet
to provide that all such cases may be appealed successively from court to court until
the highest tribunal is reached would encumber the dockets and records of the
various courts and render the proceedings tedious. I would suggest that an appeal
be allowed from the court of original jurisdiction to some particular but higher tri-
LAND GRANTS—HOW MADE BY SPAIN AND MEXICO. 1125
bunal in order to simplify the proceedings and avoid the expense and delays incident
to a final determination of a case where it must follow the course of ordinary civil
CàSéS. -
Under existing laws there is no legal requirement that owners of grants shall file
and prosecute their claims, and unless Congress prescribes some time within which
they shall be filed and proven up, the present uncertain status of the soil as to owner-
ship must remain undetermined. These grants are usually pastural or agricultural,
and the unqualified confirmation operates as a quitclaim on the part of the Govern-
ment to the mineral, which was never intended to be granted by either the Spanish or
the Mexican Government, and the local Spanish or Mexican authorities had no power
to grant the right to the mineral, as that was reserved as the property of the state,
only subject to alienation by the Supreme authority, and in a prescribed manner.
Where the confirmation is unqualified the Government not only makes good the orig-
inal title but confers upon the claimant the additional right to the mineral. It is well
known that the precious metals abound throughout this Territory, and nearly all of
these grants doubtless contain more or less mineral, although its existence may, at
this time, in particular cases be unknown, yet the almost absolute certainty that it
exists generally in the Territory should induce Congress to except the right to the
mineral in the confirmation of these claims. I assume it to be the policy of the Gov-
ernment to encourage the development of the mineral resources of the country, and to
reap some benefit from the same in the increased consideration charged for lands of
this character, as well as the indirect benefit derived by reason of the addition of the
net products of the mines to the substantial wealth of the country. If the right to
the mineral is vested in the grant claimants, the adventurous prospector through
whom these discoveries are usually made has no incentive to prospect thereon, and
the existence of rich mineral deposits may remain undiscovered and unknown.
The appointment of a commission to adjust these claims would involve some addi-
tional expense over the present method, but I believe on the whole it would be far
more satisfactory, and certainly the magnitude of the interest involved, both to claim-
ants and the Government, would amply justify Congress in adopting this method for
the settlement of private land claims in New Mexico, where such a considerable num-
ber yet remain to be adjudicated; and I hope that Congress will take early action in
the premises.
In his report for 1882, continuing the subject, he again urges the attention of Con-
gress to the subject, reciting the language of his report for 1881 and six years pre-
vious.
LAND GRANTS, HOW MADE BY SPAIN AND MEXICO IN THE ULTRA-
MARINE POSSESSIONS OF THE SPANISH CROWN-HOW MADE IN SPAN-
ISH AND MEXICAN POSSESSIONS NOW IN THE UNITED STATES,
[Work of Special Agent R. C. HoPKINS.]
September 1, 1879, Mr. Rufus C. Hopkins was appointed by Hon. John Wasson,
surveyor-general of New Mexico, to take charge of the bureau of private land claims
in his office.
Mr. Hopkins proceeded to Sonora and other Mexican States in search of records
and data. In Sonora he found record of twenty-one claims or grants within what
is now Arizona. His report as to the method of making and character of grants
made by authority of Spain and Mexico, now in California, Arizona, New Mexico, and
Colorado, are given in full, as prepared by Mr. Wasson:
GRANTS OF LAND BY SPAIN AND MEXICO IN THE ULTRA MARINE POSSESSIONS OF THE
SPANISH CI&OWN.
The ancient laws of Spain declare that the ownership and full dominion of conquered
kingdoms belong to the monarch. (Law II, Title I, Partida II.)
Wherefore, the West Indies having been conquered by the arms of the Catholic king
and queen, Fernando and Isabel, in the sixteenth century, in consideration of the fact
that no person can live without the means of subsistence, and no city exist without
the rents necessary for its support, their majesties thought proper to cede to the towns
(poblaciones) of America and to the councils of the same certain portions of lands
from which to derive their support, using the same for pasturage and cultivation, or
in the manner that may be directed by the municipal ordinances; these lands were
denominated consejiles, or de propios.
Another portion of the (conquered) lands was distributed by concession of the *;
to those who assisted in conquering the country as rewards for their services; an
1126 LAND GRANTs—How MADE By SPAIN AND MEXIco.
lands were also sold to individuals (particulares) for the purpose of obtaining means
to supply the necessities of the crown. These lands, donated or sold, were denomi-
nated de dominio particular (of private property), as in fact they are, because the full
ownership thereof was transferred to the donees or purchasers, and hence they are
truly private property.
The usufruct of the remaining lands was ceded by the kings to all their vassals, that
they might make use of their pastures, woods, waters, and other natural productions, .
for the support of their flocks and herds; which lands are called “common lands,”
because they are for the common use. They are also called valdios (vacant lands),
because nothing is paid for the use of the pasturage, or fire-wood that may be cut
thereon. They are also realengos (royal lands), because the dominion and property
thereof are reserved to the king by his right of conquest, although he ceded the usu-
fruct of the same to his vassals. (Law III, Title VIII, Book VIII, del Ordenamiento;
Law X, Title XV, Book II, Recopilacion; Law II, Title I, Book III, del Ordenamiento;
Law I, Title V, Book VII, Recopilacion.) *
For the disposition and settlement of the realengo lands of Spanish America, royal
decrees were from time to time issued, and laws and ordinances passed, changed, or
modified to suit the circumstances of the times, having for their end a proper disposi-
tion of the realengo lands and the encouragement of #. occupation of the country by
the actual settler. The royal decree of the 24th of November, 1735, required petition-
ers for realengo lands to apply to the royal person of the king for a confirmation of
their titles. This decree, however, was found to be prejudicial to the settlement of the
zealengo lands, the expenses attending such applications being so great as to prevent
many persons from applying for these lands; wherefore to remedy this difficulty were
issued the royal instructions of the 15th of October, 1754.
Article 1st of these instructions provides that from the date thereof the power to
appoint sub-delegate judges to sell and compromise for vacant lands of the royal do-
main shall belong exclusively to the viceroys and presidents of the royal audencias of
the kingdom, who are required to notify the sub-delegate judges of their appointments
and furnish them with a copy of the instructions, the viceroys and presidents being
required to give immediate notice to the secretary of state and universal dispatch of
the Indies of the ministers whom they might appoint as sub-delegate judges of their
respective districts.
Article 3d provides that all persons who shall have possessed royal lands, whether
settled and cultivated or not, from the year 1700 till the date of the publication of this
order, may prove before the sub-delegate the titles and patents in virtue of which they
hold their lands.
Article 4th provides that persons in possession of royal lands by virtue of sales or
compositions made by sub-delegates before the year 1700, although the same may not
!. ºrmed by the royal person of the king, shall not be disturbed in the possession
€I'êOji.
Article 5th provides that the possessors of lands sold or compromised for, from the
year 1700 till the present time, shall not be disturbed in the possession thereof, pro-
vided their titles have been confirmed by the royal person of the king or by the vice-
roys and presidents of the audencias during the time that they exercised this fac-
ulty; but such possessors of lands as have not obtained such confirmations shall apply
to the audencias of the district to have their titles confirmed. Under this decree or
instructions the preliminary proceedings of survey, valuation, publication, and sale of
the realengo land petitioned for having been taken by the minister sub-delegado of the
district in which the land was situated, the expediente showing such proceedings was
transmitted to the real audencia for approval; and if the proceedings were found to
be regular, they were approved and the title was issued and registered in a book kept
for that purpose.
The provinces of Sinaloa and Sonqra belonged to the real audencia of Guadalajara,
and hence the sales made of realengo lands in these provinces under the decree of 1754
were registered in the office of the real audencia in the city of Guadalajara.
The law of 1754 remained in force until the 4th of December, 1786, when to cure
some defects and remedy some inconveniences found in the practical workings of said
law the royal ordinances of intendentes were issued. Under these royal ordinances
the Kingdom of New Spain was divided into twelve intendencias, exclusive of the
Californias, one of which was to be the general intendencia of the army and province
and to be established in the capital of Mexico, and one, the intendencia of Sonora
and Sinaloa, the capital of which was established at the city of Arizpe.
The viceroy was to exercise the superior authority and the various powers conferred
on him by royal commission and by the laws of the Indies as governor and captain-
general, but the superintendency of the royal treasury, in all its branches and rev-
enues, was committed to the care, direction, and management of the general inten-
dency of the army and treasury, established in the capital of Mexico. A superior
junta was established in the capital, having jurisdiction over all matters relating to
the royal treasury and the army, and also over the public property and revenues.
LAND GRANTs—How MADE BY SPAIN AND MEXICO. 1127
Article 81 of these ordinances provides that the intendentes shall be the exclusive
judges of all causes and questions that may arise in the district of their provinces in
relation to the sale, composition, and grant of realengo lands.
Under these ordinances the proceedings preliminary to a grant of realengo lands
were taken in the same manner as under the law of the 15th of October, 1754, but
these proceedings, instead of being referred to the real audencia for approval, were
... submitted to the intendente, who referred the same for examination to the promotor
fiscal, who made a report thereon; whereupon they were referred by the intendente to
the “provincial junta de hacienda,” and when approved were transmitted through
the office of the commandante-general to the city of Mexico for final approval by the
“superior junta de hacienda,” and, if found to be correct, the proceedings were ap-
proved, the approval registered in the proper book, and the expediente returned to the
province where it belonged. º
On the 22d day of October, 1791, Don Pedro de Nava, commandante-general of west-
ern provinces, made a decree to the effect that, “notwithstanding what was provided
in article 81 of the ordinances of intendentes,” captains of presidios were authorized
to grant house lots and lands to soldiers and settlers who might desire to establish
themselves under the protection of the presidio. These grants were, however, limited
to the territory embraced within four square leagues, measured one league from the
presidio to each of the cardinal points. The motives of this decree are manifest; they
were that the soldiers of the presidio might make homes for their families, and that
pueblos might grow up around the presidial establishments.
The ordinances of the 4th of December, 1786, were further modified by the royal
decree of the 23d of March, 1798. This decree provides that when the value of the
zealengo lands petitioned for and sold by the intendente does not reach the sum of
$200 it shall not be necessary to refer the proceedings to the superior junta for ap-
proval. The reason for the issuance of this decree was that the expenses attending a
reference to the superior tribunal were often greater than the value of the lands sold,
which prevented persons of small means from making application for realengo lands,
and much retarded the settlement of the country.
Under these ordinances, with the modifiéations referred to, grants of realengo or
royal lands continued to be made until the dominion of Mexico was lost to the crown
of Spain by the revolution which resulted in the independence of Mexico in 1821.
From the foregoing laws, ordinances, and decrees it is seen that the constant policy
of Spain was to encourage by all means the settlement of her possessions in the New
World; that, while the absolute ownership of the realengo lands was retained by the
crown, laws from time to time were passed for the purpose of enabling actual settlers
to obtain titles to so much of these realengo lands as they required for their use and
occupation in the pursuits of agriculture and stock-raising; yet, while the terms un-
der which titles to these realengo lands could be obtained for actual use and occupa-
tion were made so easy as to be within the reach of petitioners of humble means, still
the Government guarded with jealous care their disposition by passing such laws as
made it impossible for the vassals of the king to acquire them for any other purpose
than that of actual use and occupation.
GRANTS OF “TERRENOS VALDIOS,” OR v ACANT LANDS, BY THE GOVERNMENT OF
MEXICO, SUBSEQUENT TO THE YEAR 1821.
The revolution of 1821 changed the form of the Government of Mexico without pro-
ducing any radical change in the habits or thoughts of the people. In 1822 an impe-
rial government was established, which, however, was soon abolished, and the repub-
lican form adopted, and in 1824 a federal constitution was formed, modeled somewhat
after that of the United States. On the 4th of August, 1824, the sovereign constit-
uent Congress of the United States of Mexico passed decree No. 70, in which are spec-
ified the sources of the federal revenues, and the eleventh article of this decree recites
“that the rents that are not included in the preceding articles of this decree belong
to the States.” As a compensation for this concession by the General Government the
sum of $3,136,875 was required to be paid yearly by the states for the support of the
General Government. This sum was apportioned to the different States according to
their population and wealth, the sum apportioned to the State of the West (Estado
del Occidente), embracing the Spanish provinces of Sonora and Sinaloa, being $53,125.
Under this law grants or sales of land were made in the State of Sonora from 1824
down to the time when the system was changed by legislative enactment.
After the independence of Mexico, the old intendencia of the Spanish Government,
embracing the provinces of Sonora and Sinaloa, was called El Estado del Occidente
(the State of the West), continuing united under that name until about the year 1830,
when they were divided by the boundary as it now exists.
On the 20th of May, 1825, the constituent congress of the free, independent, and
sovereign State of the West (Estado del Occidente) passed provisional law No. 30,
regulating the system of selling the public lands. Under these provisional regulations
1128 LAND GRANTs—How MADE By SPAIN AND MExico.
the prices at which the public lands could be sold were graduated according to the loca-
tion and quality of the land. The quantity allowed to one individual was limited to
four square leagues, unless the applicant could satisfy the government that he re-
quired more for the use of his stock. Under this provisional law the State of the
West, in making grants or sales of land, continued the system that had been estab-
lished by the Spanish Government. The same formalities were observed; the lands
were surveyed, valued, published for thirty days, and at the end of that time were
sold at public auction to the highest bidder, the treasurer-general of the state occu-
pying the same position under the state government that the intendente did under
the Spanish Government. The grants, however, issued by the treasurer-general re-
quired no approval by the supreme government.
Between the time when grants cease to be made within the jurisdiction of the inten-
dencia of Sonora and Sinaloa by the authorities of the Spanish Government and the
time when they were made by the authorities of the “Estado del Occidente” under the
law of the general congress of 1824 and the provisional law of the congress of the
state of 1825, the granting power was exercised by an officer entitled comisario gen-
eral, provisional de hacienda, credito publico y guerra, whose headquarters, as shown by
the records of the times, were generally at Fuerte, a town in Sinaloa, Inear the north-
ern boundary of the State.
Report of special agent, Mr. R. C. Hopkins, states: “That notes on expedienties of
grants of land in the government archives of Sonora show that about the year 1825 a.
number of grants were issued by the above-named officer, on proceedings which under
the Spanish Government had not gone beyond the approval of the provincial junta de
hacienda,” having doubtless at that point been arrested by the revolution of 1821. In
these cases no borradores or draughts of title are found in the expedientes, but notes
are found of the register of the grant in cuardeno No. 2 in the office of the comisario
eneral.
g On the 30th of May, 1834, the constituent congress of the State of Sonora issued
decree No. 10, which provides as follows: “Article 1st. Six months’ further time is
granted to possessors of lands who have failed to obtain titles of ownership thereof,
as required by decree No. 10 of the 28th of June, 1833.”
Article 2d declares that if at the end of this time, which shall not be extended, the
possessors of lands shall not appear and make their grants effective, their lands shall
be denounceable, and the claimants thereof shall be subject to the penalties imposed
by the organic law of the treasury, which is about to be passed. This law was re-
quired to be circulated and published in all the pueblos of the State, the respective
authorities being directed to furnish exact lists of the lands in their districts for
which titles had not been obtained.
On the 11th of July, 1834, was passed the “ley organica de hacienda” (organic law
of the treasury). Article 57 of this law provides: That any one having necessity for a
tract of land for grazing or other purposes shall present himself before the treasurer
general, applying therefor in the name of the State, accompanying his application with
the testimony of three impartial witnesses in relation to the circumstances of the peti-
tioner, character of land, &c.
Article 58 declares that to no new settler (creador) more than four square leagues
shall be granted or sold, unless it can be shown that, on account of the abundance of
stock owned by such new settler, he needs more; in which case the treasurer general
will concede him only so much as he may need, as shown by the testimony of impar-
tial witnesses.
Article 60 declares that the treasurer general, as the immediate chief of all the reve-
nues, shall make sale of the lands and issue titles therefor.
Article 61 declares that those who possess lands to which they have not obtained
titles, although the lands have been applied for and surveyed, shall present themselves
to the treasurer general within the time designated by the law No. 10 of the 30th of
May of the current year (six months from 1st of June, 1834). The lands of the pro-
prietors, which may not be regulated in accordance with this disposition, shall remain
vacant and denounceable, provided the proprietors thereof shall not present themselves
and make application for their titles within the time prescribed by said law, setting
out in writing the cause of the failure to obtain title.
Article 62 directs the treasurer general to refer these matters to the promotor fiscal
for his opinion, whereupon the matter will be determined in view of the rights of the
interested party and of the public treasury.
Article 63 requires grantees of lands to construct boundary monuments of rough
stone and lime within three months after the issuing of the title, and failing to do so,
they have to pay a fine of $25 and the cost of constructing the necessary monuments.
Article 64 fixes the value of the public lands as follows: For dry lands only suitable
for grazing, $15 per square league; for such as may be irrigated from reservoirs and
contain pasture, $40, and without these circumstances, $35 per square league; for such
as may contain springs or rivers, but are dry and broken, $60 per square league, and
$80 per square league for such as are very fertile and suitable for agriculture. These
LAND GRANTS–HOW MADE BY SPAIN AND MEXICO. 1129
were the minimum prices, for less than which lands could not be sold in any case
whatever.
Article 72 directs the surveyors to appoint as appraisers of the lands petitioned for
persons who are free from prejudice and not especially partial to the petitioner.
Grants made subsequent to the passage of the foregoing law refer to the decree of
the general congress of the 4th of August, 1824, and to the decress of the congress of
the State of Sonora of the 30th of May, 1825, and of the 11th of July, 1834, as the basis
on which they are made; and all the grants of land in Sonora since the passage of
these laws were made under the authority thereof.
GRANTS UNIDER THE I, AWS OF COLONIZATION.
To encourage the settlement of the vacant lands of the republic, the sovereign
general Constituent congress of the United States of Mexico, on the 18th of August,
1824, passed a law, article 1st of which declares : “That the Mexican nation offers
to foreigners, who may come to establish themselves in the territory, security in their
persons and property, provided they submit to the laws of the country.”
Under this law any lands of the nation that did not belong to private individuals or
pertain to corporations or pueblos were subject to colonization, except such as were
embraced within the twenty leagues bordering on a foreign territory, or the ten leagues
bordering on the Seashore. In the granting of these lands Mexican citizens were to
be preferred to foreigners. To carry into effect this general law the congresses of the
states were to form such laws and regulations as might be necessary, in accordance
with the general constitution and principles established by this law.
The maximum quantity that could be granted to one person under this law was
eleven square leagues; one of irrigable, four of arable, and six of pasture lands.
The concluding article declares that, in accordance with the principles established
by this law, the government will proceed to colonize the territories of the republic.
Under this law grants were made in the territory and department of the Califor-
nias down to the change of government on the 7th of July, 1846.
On the 4th of April, 1837, a decree was issued “to render effective the colonization
of the lands &f the republic.” This decree declares the government, in concert with
the council, shall proceed to render effective the colonization of the lands which may
be, or should be, the property of the government, by means of sales, leases, or mort-
gages, applying the proceeds thereof (which in case of sale shall be at a price not less
than $1.25 per acre) to the extinguishment of the national debt, which has already
been or may be contracted; always reserving a sufficient quantity to fulfill the prom-
ises made to the soldiers, as a reward for their services in the war of independence,
and also sufficient to satisfy the concessions made by congress as Indian reservations,
and to those who had assisted in the re-establishment of the government in Texas.
On the 15th of September, 1837, an agreement was entered into in the city of Lon-
don between the agents of the Mexican Government and the holders of Mexican bonds
to the following effect: Article 1 provides for the consolidation of the national debt
at 5 per cent. interest per annum. F. de Lizardy & Co. were appointed as agents of
the republic to act in the matter; these gentlemen to issue, in the name of the Mex-
ican Government, the corresponding bonds of the consolidated fund in sterling money,
payable in London on the 1st of October, 1866. A certain class of these bonds were
receivable in payment for vacant lands in the departments of Texas, Chihuahua, New
Mexico, Sonora, and California, as might be desired by the purchaser, at the rate of
£1 sterling for four acres; interest to run on the bonds until the purchasers of the
lands should be placed in possession thereof.
Article 7 of this agreement provided that the payment of the principal and interest
of these bonds should be secured by a mortgage, in the name of the Mexican nation,
on one hundred millions of acres of the vacant lands of the departments of the Cali-
fornias, Chihuahua, New Mexico, Sonoro, and Texas.
On the 1st of June, 1839, the foregoing agreement was approved by decree of Presi-
dent Santa Ana.
ATTEMPT of PRESIDENT SANTA ANA to ANNUL GRANTsºad, IN THE TERRITORY
OF THE REPUBLIC AFTER 21st OF SEPTEMBER, 1821.
On the 25th of November, 1853, President Santa Ana issued a dictatorial decree
declaring: “That the vacant lands (terremos valdios) being the exclusive property of
the nation, could never have been alienated by any title whatever, by virtue of decrees,
orders, and dispositions of the legislatures, governments, or authorities of the states or
territories of the republic ; wherefore such sales, cessions, and alienations as may have
been made of the vacant lands, without the express order and sanction of the general
powers in the form prescribed by law, are declared null and void.” On the 7th of July,
1854, President Santa Ana issued a second decree in relation to public lands, requiring
all titles of the alienation of public lands made in the territory of the republic; from
1130 LAND GRANTs—How MADE BY SPAIN AND MExIco.
September, 1821, to the date of the decree, given either by the general authorities or
by the extinguished states and departments, shall be submitted to the revision of the
Supreme government, without which they shall be considered of no value, nor shall
they convey any right of property. The foregoing decrees of President Santa Ana
were annulled as follows: “On the 3d of December, 1855, Juan Alvarez, president ad
interim of the Mexican Republic, issued a decree abrogating in all their parts the
decrees of the 25th of November, 1853, and of the 7th of July, 1854, issued by President
Santa Ana, and declaring that all the titles issued during the period referred to in said
decrees of 1853 and 1854 by the superior authorities of the states or territories, under
the federal system, by virtue of their legal faculties, or by the authorities of the
departments or territories, under the central system, without the express authorization
or consent of the supreme government for the acquisition of said lands, the same being
in accordance with existing laws in relation to such alienations, shall in all times be
considered as firm and valid, the same as the titles to any other property legally
required, without in any case being subject to a new revision or ratification by the
Government.”
This decree further declares: “That the alienations of vacant lands that may have
been made by the authorities of the states, departments, or territories, without the
requisites mentioned in the foregoing artſcle, and in contravention of the requirements
of article 4 of the law of congress of the 18th of August, 1824, are null and void, and
the possessors of lands in such cases shall be subject to such penalties as may be im-
posed by the laws of the republic.”
Article 4th of the law of the 18th of August, 1824, above referred to, is as follows:
“The territories embraced within the twenty leagues bordering on a foreign nation,
and the ten leagues bordering on the sea, cannot be colonized without the previous
approval of the Supreme Government.” Decree of President Alvarez further declares:
“That the concessions or sales of vacant lands which may have been made by compe-
tent authority and in accordance with the laws in force controlling the same, under
the express obligation of colonizing them within a fixed time, on a failure to comply
with this condition shall be void, the land in such case reverting to the nation.” The
decrees of President Santa Ana of 1853 and 1854 were also abrogated by the act of the
Mexican Congress of the 16th of November, 1856. But even if the dictatorial decrees
of President Santa Ana had not been declared null, they could not affect the Mexican
grants in Arizona, since the treaty was signed on the 25th of September, 1853, while
the decree of Santa Ana was not issued until the 25th of November, 1853, and that al-
though ratifications of the treaty were not exchanged until after the 25th of Novem-
ber, 1853, these ratifications have a retroactive effect, relating to the date of the treaty,
(September 25th, 1853), and bound both Governments from that date.
From the foregoing historic sketch of the laws, ordinances, and decrees of the Gov-
ernments of Spain and Mexico in relation to the disposition of public lands is gath-
ered: 1st, that under the ancient laws of Spain the full dominion of a conquered king-
dom was claimed by the monarch by right of conquest. 2d, that the lands of the
conquered kingdoms were divided into three classes; first, such as were conceded for
the establishment and support of pueblos, which were denominated consejiles or de pro-
pios; 8econd, such as were granted by the king to those who had assisted in conquering
the country, and such as were sold to individuals, for the purpose of obtaining means
to supply the necessities of the crown, which lands were denominated de dominio par-
ticular; and third, such as remained of the conquered kingdom, which were called
“common lands,” “vacant lands,” and “royal lands.” 3d, that the usufruct of this
last-mentioned class of lands was ceded by the kings to their vassals, under the provis-
ions of such laws as from time to time were passed in relation thereto. 4th, that
these royal lands were granted for use and occupation, and that the quantity granted
was limited to such an amount as the applicant might need and was able to use and
occupy. 5th, that up to the 15th of October, 1754, grants or concessions of royal lands
required the approval of the king. 6th, that from the 15th of October, 1754, to the
4th of December, 1786, grants of land were issued by the real audencias, and did not
require the approval of the king. 7th, that from said 4th of December to the date of
the Mexican independengº grants of the royal lands were made by the intendentes or
governors of provinces, aſſlrequired the approval of the “superior junta de hacienda.”
established in the capital of Mexico. 8th, that the exceptions to this rule are as fol-
lows, to wit: On the 22d day of October, 1791, Don Pedro de Nava issued an order
permitting captains of presidios to make grants within the four jurisdictional leagues
of the presidio, and in 1798 grants of the royal lands of a value less than $200 did not
require the approval of the “superior junta de hacienda.” 9th, that, on the change
of Governments in 1821, the realengo or royal lands of the Spanish Government became
the public lands of the Republic of Mexico, and continued to be disposed of to settlers,
by valuation and sale, much in the same manner as they had been under the Spanish
Government. 10th, that the act of the Mexican Congress of the 4th of August, 1824,
gave to the State of the West (Estado del Occidente), composed of the States of So-
nora and Sinaloa, the public lands embraced therein, requiring from the State for this
LAND GRANTS—HOW MADE BY SPAIN AND MEXICO. 1131
concession the annual payment into the federal treasury of the sum of $53,125, and
that based upon this act of the general Congress the Congress of the States of Sonora
and Sinaloa united, on the 20th of May, 1825, passed a provisional law providing for
the disposition of the public lands, which provisional law was followed by the organic
law of hacienda, passed by the congress of the State on the 11th of July, 1834, con-
firming the provisional law of 1825, with some amendments thereto. , 11th, that on
the 18th of August, 1824, the general Congress of Mexico authorized the colonization
of such lands of the nation as did not belong to individuals or corporations, directing
the legislatures of the states to make such laws or regulations as might be necessary
for the carrying into effect the provisions of this general law within their respective
jurisdictions. T2th, that the provisional regulations made by the congress of Sonora
on the 20th of May, 1825, for the disposition and settlement of the public lands, may
be considered as authorized to be made by the act of the general Congress of the 18th
of August, 1824. 13th, that on the 25th of November, 1853, and the 7th of July, 1854,
General Santa Ana, by dictatorial decrees, attempted to annul the grants of land made
subsequent to the 15th of September, 1821, which decrees were abrogated by decree of
resident Alvarez on the 3d of December, 1855, and by act of the Mexican Congress, passed
ovember 16, 1856. 14th, that grants of the realengo or royal lands were made by the
Spanish Government, for settlement, use, and occupation, and that grants under the
Mexican laws of colonization, and under the provisional regulations made by the con-
gress of Sonora and Sinaloa, of the 20th of May, 1825, and the organic laws of hacienda
of the 11th of July, 1834, were made under the condition of occupation within a lim-
ited time, under penalty of a forfeiture of the right granted, unless a good cause could
be shown why the condition of occupation had not been complied with.
Wherefore, since grants of the public lands were given on condition that they con-
tinued to be occupied, and if abandoned they were subject to denouncement and could
be regranted by the Government, it is manifest that these grants of the public domain
}. * Government were conditional, and did not pass the absolute title or fee of the
&IlCl.
GRANTS CONTAINING MINERALS.
MINES AND MINEHALS.
In accordance with Interior Department instructions, I have collected information
from authentic sources in reference to the laws of Spain and Mexico respecting min-
erals and what conditions attached to grants embracing mines. -
From the earliest European settlement of the country mining for the precious metals
constituted the principal branch of industry in Spanish America, and being the one
that yielded the largest revenue to the government, laws and royal ordinances were
from time to time passed for the encouragement of the adventurous prospectors and
for the protection of the fortunate discoverer of mines of the precious metals; yet,
although these laws and ordinances dignified the mining profession by attaching
thereto the privileges of nobility, still the Government went no further in its liberality
than to grant the miner the exclusive privilege of working the mine he might have
discovered in the manner required and under the conditions imposed by the laws and
ordinances in relation thereto; and when these conditions were disregarded or violated
the ownership of the mine, or rather the exclusive right to work it, was lost, and the
same reverted to the Government, to be acquired by any one else who might under-
take to comply with the conditions under which it had been granted to the former
owner, the absolute ownership of the mine ever remaining in the Government.
Joaquin Escriche, in his Diccionario Razonado de Legislacion y Jurisprudencia (a
standard authority), under the head of Minas, says: “According to the ancient Roman
law, mines of gold, silver, copper, iron, and other metals pertained to the owner of the
land on which they were discovered, erant privati, juris, et in libero privatorum w8a juris
comercio, because they are benefits bestowed by nature, to be enjoyed by the owners of
the land producing the same. Subsequently the Roman emperor appropriated one-
tenth of the products of the mines of every character.
“Under the Spanish law a different rule was adopted; mines of gold, silver, lead,
and other metals could not be worked without royal permission, since they (and also
salt pits) belonged to the king. Any one was permitted to ‘dig’ in search of minerals
or stones on his own lands, or on the lands of others with the consent of the owner,
under the condition that the discoverer should receive one-third part of the net pro-
ceeds of the discovery, the other two-third parts to be given to the Government.
Every Spaniard or foreigner was permitted to ‘dig’ in search of minerals on public
or private lands, under the obligation of compensating for the damages occasioned.
In Mexico, Venezuela, and Chili the matter of mines is governed by the ordinances of
the 22d of May, 1783.” (Escriche, new edition, printed 1869, Mina.)
As early as the year 1383, Don Alonzo XI issued a “pragmatica” in which it is de-
clared: “That all mines of silver and gold and lead, and of any other metal whatever,
of whatsoever kind it may be, in our royal seigniory shall belong to us, therefore no
1132 LAND GRANTs—How MADE BY SPAIN AND MEXICO.
one shall presume to work them without our special license and command; and also
the salt springs, basins, and wells which are for making salt, shall belong to us, where-
fore we command that they revert to us with the produce of the whole thereof, and
that no one presume to intermeddle therein except those to whom the former kings,
our predecessors, or we ourselves may give them as a privilege, or who may havé
held them from time immemorial.” (Wide Book VI, Title XIII, Law II, Recopilacion
de Castilla; Book IX, Title XVIII, Novisima Recopilacion.)
The law of Philip II, 1559, declares: That inasmuch as the discoverers of mines, after
having discovered and registered them, pretend that by that act, alone they have
acquired such a right to them that no other person can, within the limits and space of
Such mines, enter, or try, or work, and that they can thus keep them encumbered
without working them themselves or permitting others to do so, by which they pervent
the principal produce and profit which belongs as wellto us as to our subjects and to the
public welfare, since that principally consists in the working and reduction of mines
and metals, and not merely in their discovery, we declare and command that such dis-
coverer of the mine or mines of silver, after having made registry in the manner pre-
scribed, shall be obliged within six months to sink and excavate to the depth of three
e8tado8 (a measure of about six feet), and not sinking and excavating his mine to the
depth of three estado8, it may be denounced before the judge and registry made thereof
as of a vacant or undiscovered mine. Also, that we reclaim, resume, and incorporate
in ourself, in our crown and patrimony, all the mines of gold and silver and quicksilver
of these kingdoms, in whatsoever parts and places they may be and are found, whether
in royal lands, or in those of lordships, or of the clergy, and whether in public, munici-
pal, or vacant lands, or in inheritances, places, and soils of individuals, notwithstand-
ing the grants which by us and by the kings, our predecessors, have been made to any
persons, of whatsoever condition, rank, and dignify they may be. (Book VI, Title
XIII, Law IV, Recopilacion de Castilla. Also, Book IX, Title XVIII, Law III, Novisima
Recopilacion.)
ROYAL ORDINANCES FOR THE DIRECTION, REGULATION, AND GOVERNMENT OF THE
IMPORTANT BODY OF MINING OF NEW SPAIN AND OF ITS Roy AL TRIBUNAL GEN-
ERAL, MAY 22, 1783, NOW IN PRACTICE, WITH MODIFICATIONS NOTED IN MEXICO.
Article I, Title V, declares: That mines are the property of the royal crown, as well
by their nature and origin as by their reunion declared in Law IV, Title XIII, Book
VI, Nueva Recopilacion.
Article II, same title, declares: That without separating them from the royal patri-
mony, they are granted to the subjects of the king in property and possession, in such
manner that they may sell, rent, donate, and pass them by will, either in the way of
inheritance or legacy, or in any other manner alienate the right which in the mines
belongs to them, on the same terms on which they themselves possess it, and to persons
capable of acquiring the same.
Article III, same title, declares : That this grant is understood to be with the condi-
tions that the grantees contribute to the royal treasury the prescribed portion of the
metals, and that they shall work the mines in the manner prescribed by the ordinances,
so that they shall be considered forfeited whenever a failure shall occur in complying
with the ordinances in which it is provided, and that they may be granted to any
person who for that cause may denounce them.
Article I, Title VI, declares: That the discoverers of one or more mineral hills, abso-
lutely new, may acquire on the principal vein which they may select as many as three
pertemencias, continued or interrupted, according to the measurements which shall be
prescribed, and if they may have discovered more veins, they may have one pertemencia
on each vein, said pertenencia being determined and marked out within ten days. (A
pertenencia was in extent two hundred varas, measured on the vein, the width being
determined by the dip or angle thereof, being sufficiently wide to prevent the vein
from being cut by a shaft sunk on a side claim. at a depth of less than two hundred
varas, this being the depth beyond which, in those times, it was considered unprofitable
to work a mine.)
Article X, same title, declares: That if the denouncer of a mine does not put his
working-shaft in order nor take possession within sixty days, he shall lose his right,
and the mine may be denounced by another.
Article XIV, same title, declares: That any one may discover and denounce a vein
or mine, not only in common land but also in the private lands of any individual, pro-
vided he pays for the land of which he occupies the surface, and the damage which
immediately ensues therefrom, according to the valuation of the experts appointed by
both parties, and a third in case of disagreement.
Article II, Title IX, provides: That no one shall be permitted to work mines without
the direction and continual assistance of one of the intelligent and practical experts
who in New Spain are called Mineros or Guarda-minas, who must be examined, licensed,
and affirmed by one of the professors of mining, which each Real or Asiento must have.
LAND GRANTS—How MADE BY SPAIN AND MEXICO. 1133
Article XIII, same title, declares: That as mines require to be worked continually
and incessantly in order to procure their metals, and as they require in them works
and operations which can be executed only in a long time, and as their re-establish-
ment, if their wonking be suspended and interrupted, will cost as much as in their
original undertaking, therefore to obviate this inconvenience, and also to prevent any
owners of mines who cannot or will not work them, from keeping them without use,
and for a long time impeding by pretended working the real and effective labor which
others might bestow upon them, I order and command that any one who shall for four
consecutive months fail to work a mine with four operatives regularly employed and
occupied in some interior or exterior work of real utility and advantage, shall thereby
forfeit the right which he may have to the mine, and it shall belong to the denouncer
who proves its desertion.
Article X, same title, declares: That no mine shall be abandoned without first in-
forming the deputation of the district, in order that it may be published by fixing no-
tices on the doors of the churches and other accustomed places, so that all may have
notice thereof.
Article II, Title XIX, grants in favor of scientific professors of mining the privileges
of nobility in order that all persons who devote themselves to this important pro-
fession and occupation may be considered and treated with all the distinction due to
so noble a profession.
According to Escriche, the laws of Spain passed prior to 1821 and the laws of Mex-
ico passed since that date have not changed the fundamental principles laid down in
the ordinances of the 22d of May, 1783, in relation to the ownership of mines and the
manner of acquiring title thereto; hence these ordinances have been in force in Mexico
since the date of their passage in 1783, the Mexican mining laws passed since the year
1821 not having essentially changed the spirit thereof.
From the foregoing it is manifest that under the laws and royal ordinances of Spain,
from very early times down to the date of the independence of Mexico, and under the
mining laws of Mexico down to the publication of the new edition of Escriche (1869)
the miner could acquire no absolute title or fee in any mine discovered by him in any
part of the Mexican territory, the usufruct thereof being all that was granted him by
the government, and this under such regulations, instructions, and conditions as were
imposed by law; and when these conditions were not complied with, the right to work
the mine was lost, and could be acquired by any one else who might undertake to com-
ply with the conditions and regulations inseparable from the privilege of working
mines. The Spanish and Mexican Governments, in granting lands in Mexico, never
in terms reserved the minerals contained therein, for the reason that under the con-
stitutional laws they were reserved by and for the government. For this reason, in
the many grants of land made by Spanish and Mexican authorities in Sonora, as well
as in California, no mention is made of minerals.
Pastoral and mining pursuits were separate branches of industry, and in a certain
sense independent of each other. Both were cherished and protected by the govern-
ment. To the grazier and agriculturist was granted so much of the Soil as he had
means to occupy and improve, together with such appurtenances thereto as were neces-
sary to make the occupation of the soil possible and the use thereof valuable; and to
the miner were granted the minerals he might discover in the soil and the usufruct of
the mine in which they were found. But to neither of these parties was the grant un-
conditional. To the grazier were granted lands on condition that he occupied them
usefully to himself and to the government, and the abandonment thereof was followed
by a forfeiture of title, in which case the land reverted to the government to be re-
granted to a more industrious applicant. To the miner was granted the exclusive
right to work the mine he might have discovered, on condition that he observe cer-
tain rules and regulations established by law and paid to the government a certain
portion of the products of the mine; a violation of these conditions was also followed
by a forfeiture of such title as he possessed, the usufruct of the mine reverting to the
government to be regranted to a more vigilant and “honest miner.” . .
The objects of the government in granting lands for settlement were the increase of
the wealth and population of the country, the spread of the holy Catholic faith, and the
extension of the power of the Spanish monarchy; and the motive that induced the grant
ing of privileges to miners was that the royal treasury might be supplied with Amer-
ican gold. , No grants of lands or mines were ever made by the Government of Spain
or Mexico for speculative purposes. It is true that lands were sometimes granted as a
reward for distinguished services, but in all other cases on condition of occupation.
From a careful consideration of the foregoing laws and ordinances, as well as of the
usages and customs of Spain and Mexico, I am forced to the conclusions:
First. That the grantee of land under the Spanish and Mexican Governments ac-
quired no title to the minerals contained in the granted land.
Second. That the title to the minerals contained in the tract granted remained in
the government notwithstanding the grant of the land.
Third. That under the Spanish and Mexican laws and ordinances any one had a right
1134 CONGRESSIONAL REPORT ON PRIVATE LAND CLAIMs.
to “dig’’ in search of minerals, under certain conditions, on his ownlands or on those
belonging to individuals or private persons.
Fourth. That the Government of the United States under the treaty of 1853 for the
purchase of a portion of the territory of Sonora succeeded to all the rights and obli-
gations of the Mexican Government in relation to the ceded territory at the date of the
treaty.
The result of these conclusions necessarily is: That since our Government succeeded
to all the rights and obligations of the Mexican Government in relation to the ceded
territory it is bound by the treaty to recognize and confirm all rights, titles, and privi-
leges which had been granted by that government to private individuals prior to the
cession of the territory, and to carry out the intentions of the Mexican Government
toward those having ownership in lands and mines precisely as if there had been no
change of sovereignty.
It is therefore clear to my mind that any one has at present a right to prospect for
minerals on such portions of the ceded territory as may have been granted by the Mex-
ican Government to private individuals, and a right to work any mines that may be
found on said lands, under no more onerous conditions than the reasonable ones im-
posed by the mining laws of Mexico. See Article XIV, Title VI, Ordinances May 22d,
1783, heretofore cited.
CONGRESSIONAL REPORT ON PRIVATE LAND CLAIMS.
The following report made to the House of Representatives is inserted because it
contains a large amount of most valuable information:
[House Report No. 1733, Forty-seventh Congress, first.session.]
PRIVATE LAND CLAIMS IN CERTAIN STATES AND TERRITORIES.
JULY 26, 1882. —Referred to the House Calendar and ordered to be printed.
Mr. G. C. HAZELTON, of Wisconsin, from the Committee on Private Land Claims,
submitted the following report, to accompany bill H. R. 6840:
The Committee on Private Land Claims, having had under consideration a bill (H. R. 3149)
to provide for ascertaining and settling private land claims in certain States and Territo-
ries, respectfully 8wbmit the following report, to accompany 8wb8titute for 8aid bill:
A bill that provides for the adjudication of claims in the district courts is objection-
able, in that the courts having jurisdiction in the cases should have access to the en-
tire archives of the Spanish and Mexican documents and records; and as these docu-
ments and records are kept in one place, they could not be readily accessible to all of
the courts of the several districts in the Territories.
To illustrate this proposition, we will take the Territory of New Mexico, wherein
the larger number of these claims are awaiting adjudication. The old Spanish and
Mexican archives are in the possession of the surveyor-general of that Territory at
Santa Fé. The place for holding the United States court for the first judicial district
is at Santa Fé, and that court could have ready access to the archives in question;
but the United States courts for the second and third districts in that Territory are
at Albuquerque and Mesilla respectively, 75 and 300 miles distant from the place
where the archives are kept.
In determining the character of these titles it is necessary in nearly every case, on
account of the antiquity of the title papers, to introduce, for the purpose of compari-
son, other original documents already passed upon, bearing the signatures of the same
Spanish or Mexican officials whose signatures, or purported signatures, appear on the
muniments of title in the case at bar, in order to correctly determine whether they
are genuine or not ; as it is seldom the case that living witnesses can be found by
whom the nature, whether genuine or not, of the offical signature can be shown.
The evidence of the abandonment, annulment, forfeiture, or fraudulent character
of a grant may exist in the archives, in documents having no direct connection with
the muniments of title in the case at bar in one district, and the same documents may
embrace evidence of a similar character, or the reverse, in another case pending in
another district, and if the documents were sent back and forth from the archives to
the several judicial districts they would be liable to loss; or perhaps the document
showing the annulment or fraudulent character of the grant in the case at bar might
be unknown to the court before whom the cause may be pending, on account of its
not being among the papers directly connected with the case under investigation.
The production in court of the original muniments of title should be required in all
cases, when in existence, as the adjudicating authority should give them a persona;
inspection to avoid being imposed upon by fraudulent title. This could not be done
if the court were to act upon certified copies only.
The Mexican colonization law of 1824 limited grants of eleven square leagues to
CONGRESSIONAL REPORT ON PRIVATE LAND CLAIMS. 1135
each grantee, but prior to that time there was no such law in force and all perfect
grants anterior thereto could not be restricted to eleven square leagues, and no such
general limitation of the area of these claims can be made by Congress without a vio-
lation of individual rights guaranteed by the terms of the treaties referred to; and it
is only competent for Congress to provide that each claim shall be adjudicated under
the particular Spanish or Mexican law under which the concession was made.
For these reasons we deem it essential for the proper adjustment of these claims
that the court adjudicating them should have direct and ready access to the old Spanish
and Mexican archives; and as a commission, in our opinion, is the proper authority
to adjudicate these grants we beg leave to report that, having had under considera-
tion H. R. 3149, entitled “A bill to provide for the ascertaining and settling of private
land claims in certain States and Territories,” and approving of its provisions, your
committee recommend that the same do pass, believing that it is free from the objec-
tions indicated, and provides a means for the safe and speedy adjustment of these
land claims.
The courts in most instances are already overburdened with business, and could not
give these cases that prompt and careful consideration which the interests of the Gov-
ernment require, and where such large properties are involved. There are a large
number of these Spanish and Mexican claims in the State of Colorado and the Terri-
tories of New Mexico and Arizona which remain unadjudicated. Under the present
laws they are now investigated by the respective surveyors-general of those States
and Territories, upon whom, in addition to their ordinary duties, is imposed the duty
of taking testimony and reporting to Congress their opinions in all these cases.
These surveyor's-general are not supposed to possess the legal attainments and
qualifications which are requisite in a judicial officer, yet they are required to act in
a quasi-judicial capacity in cases often involving hundreds of thousands of dollars in
value, and upon the title to immense tracts of land, necessarily passing upon intri-
cate legal propositions embracing a construction of the laws of Spain and Mexico, and
the rules of evidence, which no one, not learned in the law, is competent to do. The
surveyor-general of New Mexico, who has had a large experience in investigating
this class of claims, in his annual reports to the Commissioner of the General Land
Office, has repeatedly called attention to the necessity of prompt action on the part of
Congress upon this matter, as will be seen from the Land Office reports of 1876, ’77,
’78, '79, '80, and ’81, and in our opinion he truthfully says that further delay on the
part of Congress to provide for suitable means for the adjudication of these claims
amounts almost to criminality. The present method is unsatisfactory both to claim-
ants and the Government, as Congress fails to act on the reports of the surveyors-gen-
eral in these cases, and as a necessary result the titles remain unsettled and uncertain.
The proceedings are to a great extent ex parte, and while the claimants are always
present with their witnesses there is no attorney to represent the Government. The other
duties of the surveyors-general are such that they have not the time, even though
they possessed the requisite legal acquirements, to protect the interests of the Gov-
ernment in these cases. They are compelled to act as attorneys for the Government
and judge impartially between it and the claimants—rather an anomalous position.
Congress should not be required to act in a judicial capacity, nor can it, on mere
copies of papers, act with any degree of correctness in the confirmation of a grant:
and as a result it is liable either to do nothing and permit these claims to remain un-
settled and unconfirmed, or they must accept the recommendations of the surveyor-
general in regard to their validity or invalidity, thus virtually giving to one man the
final decision of these important cases. And should the surveyor-general err in any
particular, Congress is almost sure to follow in his footsteps and confirm that error,
or, failing to act at all, it does injustice to the claimant, who is entitled to have his
claim passed upon and finally determined. The obligations of the treaties, and the
interests of the claimants and the public, demand that these titles be adjudicated,
and that speedily.
In the courts the expenses will be onerous to claimants, who, as a rule, are limited
as to means independent of their interest in the grants.
Your committee believe that the method provided by this bill for the adjustment of
these claims to be a proper one, as it will prove to be a safe, speedy, and compara-
tively inexpensive manner of adjusting these land titles.
The present executive of New Mexico urges the passage of this bill by Congress, in
the following language: &
“In relation to all the unconfirmed grants, there should be a commission appointed
empowered to come out here and take testimony and order surveys. In this way
meritorious cases can be separated from fraudulent ones. This commission should
exist for two years, and after that time all grants should be held as prescribed. Though
the Government must keep the treaty in good faith, it cannot be held in violation
thereof for Congress to fix a time when the subject shall be considered closed. The
uncertainty now existing very greatly retards the development and growth of the
Territory.”
1136 CONGRESSIONAL REPORT on PRIVATE LAND CLAIMs.
The following letter from the Commissioner of the General Land Office will show
the importance of some legislation on this subject of land grants:
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., January 9, 1878.
Sir: On the 18th ultimo, Hon. A. G. Thurman, chairman of the Committee on Pri-
vate Land Claims, United States Senate, addressed a communication to this office,
inclosing a copy of Senate bill 376 “to provide for ascertaining and settling private
land claims in certain States and Territories,” and requesting my opinion on said bill,
and a statement of any facts which might be of importance relative thereto.
In compliance with the above request, I have the honor to inclose here with the
aforesaid bill, with the following report :
As the title of the bill indicates, it proposes a method for ascertaining and settling
the private land claims in the States and Territories therein named. Private land
claims, as defined in the body of the bill, are claims based upon titles which had their
origin under the Spanish or Mexican Governments prior to the date of the acquisition
by the United States, of the Territory within which they are situated.
By the treaty of Guadalupe Hidalgo, ratified May 30, 1848, and the treaty commonly
known as the Gadsden purchase, ratified June 30, 1854, the Mexican Republic ceded
to the United States the territory embraced within the present limits of the States of
California and Nevada, and the Territories of Arizona and Utah; part of the State of
Colorado, and parts of the Territories of New Mexico and Wyoming.
By the eight and ninth articles of said treaty of 1848, which by reference thereto,
was made a part of the subsequent treaty of 1854, it was stipulated that property of
every kind, within the ceded territory “now belonging to Mexicans, not established
there, shall be inviolably respected. The present owners, the heirs of these, and all
Mexicans who may hereafter acquire said property by contract, shall enjoy with re-
spect to it guarantees equally ample as if the same belonged to citizens of the United
States.” “That Mexicans, in the aforesaid Territory, who shall not preserve the char-
acter of citizens of the Mexican Republic conformably with what is stipulated in the
preceding article shall be incorporated into the Union of the United States, and be
admitted at the proper time * * * to the enjoyment of all the rights of citizens
of the United States according to the principles of the Constitution; and in the mean
time shall be maintained and protected in the free enjoyment of their liberty and
property,” &c.
For the purpose of carrying into effect the foregoing treaty stipulations, Congress,
by the eighth section of the act of July 22, 1854 (Stat. at L., vol. 10, page 308), and
the act of August 4, 1854 (Stat. at L., vol. 10, page 575), directed the surveyor-general
of New Mexico, “under such instructions as may be given by the Secretary of the
Interior, to ascertain the origin, nature, character, and extent of all claims to lands
under the laws, usages, and customs of Spain and Mexico, and for this purpose may
issue notices, summon witnesses, administer oaths, and do and perform all other nec-
essary acts in the premises. He shall make a full report on all such claims as origi-
nated before the cession of the territory to the United States by the treaty of Guadalupe
Hidalgo of eighteen hundred and forty-eight, denoting the various grades of title,
with his decision as to the validity or invalidity of each of the same under the laws,
usages, and customs of the country before its cession to the United States; and shall
also make a report in regard to all pueblos existing in the Territory, showing the
extent and locality of each, stating the number of inhabitants in the said pueblos, re-
spectively, and the nature of their titles to the land. Such report to be made accord-
ing to the form which may be prescribed by the Secretary of the Interior; which
report shall be laid before Congress for such action thereon as may be deemed just
and proper with a view to confirm bona-fide grants, and give full effect to the treaty
of eighteen hundred and forty-eight, between the United States and Mexico; and
until the final action of Congress on such claims, all lands covered thereby shall be
reserved from sale or other disposal by the Government, and shall not be subject to
the donations granted by the previous provisions of this act.”
The provisions of this section were extended to the then Territory, now State of
Colorado, by the act of February 28, 1861 (12 Stats., p. 176), and to the Territory of
Arizona by the act of July 15, 1870 (16 Stats., p. 304).
It is impossible to determine the exact number of private land claims there are in
the States and Territories named in the bill, but it appears from a schedule which
accompanied the annual report for the year 1856 of the surveyor-general for the Ter-
ritory of New Mexico, that there were, at the date of said report, one thousand and
fourteen documents relating to grants of land by the Spanish and Mexican Govern-
ments, on file in his office, and from an abstract accompanying said report, that there
had been selected from the public records or archives deposited by the former Govern-
ments at Santa Fé, 197 grants to land.
During the period of twenty-three years the aforesaid act of 1854 has been in force,
CONGRESSIONAL REPORT ON PRIVATE LAND CLAIMS. 1137
the surveyor-general has reported to Congress 123 claims; of this number only 23, one
claim in every five, are found to be embraced in the abstract of grants above referred
to, yet the surveyor-general in each case, with the exception of a very few of the
pueblo or town claims, reports the claim as founded upon a complete grant. These
facts lead to a conclusion that either the foregoing abstract of grants only represents
one-fifth of the number of grants or private land claims in the Territory of New Mex-
ico, or that 100 of the 123 claims which have been reported, 71 of which have been
confirmed by Congress, are based upon spurious titles. The latter theory, in my
opinion, is not tenable, as it is scarcely possible, much less probable, that the sur-
veyor-general could have been imposed upon to such an extent in his investigations
of these claims. We must therefore conclude that there are in the Territory of New
Mexico alone, about one thousand private land claims, seventy-one of which, as before
stated, have been confirmed, leaving over nine hundred yet to be adjudicated.
Taking the actual number of claims reported in the past twenty-three years, 123,
by the surveyor-general under the act of 1854 as a basis, the average number reported
annually is 5. At this rate, under the present system, the probable date when the
last of the 900 unconfirmed claims will be reported upon and confirmed is in the far
future. As the act of 1854 also extended the public land system to the States and
Territories named, and the lands thereby, so far as they were not known to be covered
by private land claims, became subject to appropriation under the laws regulating
the disposal of the public domain, and as the limits of these private claims are not
known to the officers upon whom devolves the duty of the execution of the public
surveys, they are extended over them, and the settlers thus invited to settle upon
lands to which it is, and will forever remain, impossible for them to obtain a valid
title under existing laws.
On the other hand there are many persons who are deterred from settling upon the
public lands by the fear that the land settled upon may be subsequently found to be
within the limits of an unconfirmed, unsurveyed private land claim.
The claimants, in the mean time, must wait without remedy, and their grants, which
would be valuable if the title were completed by a confirmation or patent, must re-
main comparatively worthless, as is the case with all property where the vendor offers
for sale an incomplete title and prospective litigation.
As many of the grants made by Spain and Mexico were for a given quantity of land
within larger exterior boundaries, i. e., eleven square leagues or a less quantity within
boundaries that may perhaps embrace an area of fifty, sixty, or a hundred leagues,
and the said act of 1854, having placed the full quantity described in the grant in a
state of reservation, until finally acted upon by Congress, it results in rendering un-
available for an indefinite period large tracts of land which properly belong to the
|United States.
The United States, by the long delay in the settlement of these claims, not only
loses the sale of its lands, but the development of the resources of that country will
create additional incentives for the manufacture of fraudulent title papers, with a
view of securing therewith the public lands. The lapse of time, with the consequent
death of witnesses and the loss or destruction of ancient records relating to land
titles, adds to the possibilities of such forged and otherwise fraudulent title papers
passing without detection the scrutiny of the officers whose duty it may become to
act upon them.
As the act under which these claims are presented for the action of the surveyor-
general does not contain any limitation within which they must be filed, neither the
surveyor-general nor Congress is directly responsible for this delay. But even if it did,
and the claims were all properly presented, a proper attention by the surveyor-gen-
eral to his executive duties leaves him but little time to attend to the examination of
complicated and confused evidences of title, most of which are in a foreign language.
And when such claims have been reported to Congress and assigned to its appropriate
committee, no member of such committee can conscientiously recommend that the
United States convey the large tract of land, which the most of these grants contain,
without giving to each case that careful, patient, and protracted examination which
belongs to the judge rather than the legislator.
However able, competent, and valuable a surveyor-general may be as an executive
officer, or to conduct the business arising in a spurveyor-general’s office, he may, and
probably will, lack the technical legal knowledge which will enable him to cope suc-
cessfully with voluminous title papers complicated by the sophistry of skillful attor-
neys. Yet, under the present system, the surveyor-general is required to surmount
the difficulties; for, however carefully Congress may examine his work, it must not
be forgotten that Congress acts on a copy of the papers filed with the surveyor-gen-
eral, and hence cannot determine whether the grant is antedated or forged, or con-
tains iny of those defects which can be detected only by an inspection of the original
TeCOTCI.
And again, from the fact that the majority of these grants were never segregated
from the public domain by actual survey or measurement in the field under the Span-
72 L O—WOL III
1138 CONGRESSIONAL REPORT ON PRIVATE LAND CLAIMs.
ish or Mexican Governments, but bounded by natural landmarks without reference
to objects known to our public-land system, it is impossible for Congress to determine
the quantity of land the claimants are seeking a confirmation for. It is not within
the power of the surveyor-general to furnish this information; and if it is within the
knowledge of the claimants, which is very seldom the case, they prefer to withhold it
in order to obtain a confirmation of their claim by metes and bounds without regard
to quantity.
This is, perhaps, best illustrated by the case of the Maxwell or Beaubean and Mi-
randa grant, which was recommended by the surveyor-general for confirmation, and
confirmed by Congress according to the boundaries described in the grant, it appear-
ing in one of the documents constituting the basis of the claim before Congress that
said boundaries embraced an area of only about seventeen leagues, while, in point of
fact, it is found by actual survey to contain abont four hundred leagues, equal to
about 1,800,000 acres. Under the Mexican laws, customs, and usages, the claimants
in this case were only entitled to twenty-two leagues, or about 97,000 acres. This is
not an isolated case, but one of many that have occurred and will continue to occur
under the present imperfect system for the settlement of these claims.
It appears that as early as May, 1858, less than four years after passage of the act of
1854, the results of the present defective system were felt in Congress. The House
Committee on Private Land Claims of the first session, Thirty-fifth Congress, in their
report No. 457, state that the claims “forwarded by the surveyor-general have re-
ceived the most careful attention your committee could give them; but in justice to
the committee I must say this examination has been confined entirely to what seemed
to be the principal papers in each case, having no time to scrutinize the evidence and
the application, as made by the surveyor-general, of the Spanish and Mexican laws
and usages to each of them in detail. Nor will it ever be in the power hereafter of any
committee of this House to make 8wch an examination as will be entirely 8atisfactory should
these claims be allowed to accumulate before Congress. It is now ten years since the
Territory of New Mexico was acquired, and nearly four years since thé surveyor-gen-
eral was authorized to examine and report to us the private land claims of its people;
and, although protected, as is supposed, by treaty in the enjoyment of their property,
no man in that Territory, without some action of Congress, can say that his title,
however acquired, would hold against any claimant who might purchase his lands
from the Government. * * * The people of New Mexico are not at all pleased to be
compelled by law to submit their muniments of title to one man whose fitness for sur-
veying is not supposed to qualify him particularly for discharging the duties of a judge,
and yet whose opinions are expected to control, to a great extent, the final action of
Congress on their claims.
“Because of this, and that Congress, if it shall reserve the right to itself of passing
judgment, must rely upon the report of an examining commission, your committee
believed it very important that such a board should consist of at least three persons,
whose recommendations, whether to Congress or to a judicial tribunal, would be enti-
tled to and command more respect than your committee or the House can award to
the report of the surveyor-general alone.”
It will be observed that this report not only sets forth the difficulties that Congress
had to contend with as early as 1858 in dealing with these claims, but it also sug-
gests practically the same remedy proposed by the bill now before me. If it was con-
sidered a necessary measure then to relieve Congress of a duty that it was impossible
for it to satisfactorily discharge, as well as to protect the interests of the Government
and do justice to the private claimants, in view of the present confused condition of
titles to lands in the Territory of New Mexico, the result of the operation of the system
introduced and continued in force up to the present time by the act of 1854, for the
disposal of the public lands before the private land claims had been ascertained or
settled, it is obvious that a far greater necessity now exists for the repeal of that sys-
tem, and one more effectual and speedy in its operation provided.
In this connection it might be added that this office is in almost daily receipt of
letters direct from the parties or by reference from the Department, from different sec-
tions of the State of Colorado and Territory of New Mexico, complaining bitterly of
the evils growing out of and praying for relief from the hardships they are subjected
to by the present tardy and defective system for the settlement of these claims; the
grant claimants complaining that it is tantamount to a confiscation of their property
to compel them to expend its value, or, perhaps more, to protect their rights against
the settlers, and on the other hand the Settlers charge the grant claimants as being
land grabbers who are endeavoring to eject them, without color of right, from the
lands they have settled upon and improved in good faith under the public-land laws.
The bill before me contains all of the best features of the act of March 3, 1851 (Stat.
at L., vol. 10, p. 308), and supplemental legislation under which the private land
claims in the State of California, a class of claims in every respect similar to those
provided for in the present bill, have been finally confirmed. This legislation was the
outgrowth or the fruits of an experience of about a half a century in the settlement of
congressIONAL REPORT ON PRIVATE LAND CLAIMS. 1139
private land claims in the territory acquired from France by the treaty of 1803, com-
monly known as the Louisiana purchase, and from Spain by the treaty of 1819, com:
prised within the present limits of the State of Florida. In the settlement of said
claims, various methods were adopted, by commissioners with full power and jurisdic-
tion to finally confirm all claims containing less than a limited quantity. Second, by
commissioners whose jurisdiction was limited to simply reporting the facts in each
case for the final action of Congress thereon, and third by the United States Courts,
who were clothed with a special jurisdiction for that purpose, each tribunal being en:
tirely separate and independent of the other. The California act of 1851 consolidated
the best features of these methods into one, by providing a commission with the neces-
sary power and jurisdiction before whom the claims should be first presented, with an
appeal therefrom, the filing of a transcript of the proceedings of the commission with
the court to operate ipso facto as an appeal to the district court of the United States;
the decree of the commission could only become final upon the dismissal of the appeal
therefrom by the court. Experience has fully demonstrated that this system has yielded
the best results of any that has yet been tried, and, in my opinion, is as near perfect as
any that can be devised.
It might perhaps be suggested that inasmuch as in the majority of the cases these
claims will have to go into court for the final adjudication of title, that the commis-
sion might be dispensed with, and the courts vested with original and exclusive juris-
diction in all cases. This course would be open to the following objections:
First. Delay, which is the principal objection against the present mode of settling.
these claims under the act of 1854. In this connection, it should be taken into con-
sideration, first, that the courts already have all of the legitimate business they can
attend to; and second, that if the adjudication of the title in these cases were made.
an original proceeding in the courts the whole case would have to be made up in the
court, requiring in each case a period varying from two or three days to a week or
ten days, according to the particular circumstances in each case, while on the other
hand, if the case is brought into court in the form of a complete transcript of the
proceedings of the commission thereon it can be disposed of in a comparatively much
shorter time. §
If the confirmation of these claims were left entirely to the court, it would, in my
judgment, be a low estimate to fix the limit within which they would all be con-
firmed at twenty-five years.
Second. The commission, as constituted in the proposed bill, with its interpreters
and two law agents, one of whom is required to be skilled in the Spanish language,
furnishes a more perfect and effectual means for the protection of the interests of the
United States than if the adjudication of these claims were devolved upon the courts.
The bill contemplates that one of the law agents shall be in constant attendance upon
the commission, while the other, whose duties will be more in the nature of a special
attorney or agent, is abroad collecting testimony in behalf of the Government. In
many instances it will be necessary for each agent to visit the premises in person to
procure the information and witnesses necessary to a proper defense of the interests
of the Government. The district attorneys could not possibly perform these duties if
it were required of them, for the reasons, first, that outside of the time necessary to:
the discharge of the duties properly pertaining to their respective offices they would
have but little time to devote to these duties, and second, that it would be necessary
in order to properly perform them for the district attorney of each judicial district to:
be familiar with the Spanish language.
Another important feature deserving of attention in connection with the considera-
tion of the bill is the great saving to the Government which will be effected in the
adjudication of claims thereunder, as compared with that under the present system
provided by the said act of 1ſ 4.
To enable the surveyor-general of the Territory of New Mexico to report to Con-
gress the private land claims in his district, as required by said act of 1854, there
have been annually appropriated from two to three thousand dollars. Dividing the
average of these amounts, $2,500, equally among the five claims (the average num-
ber), annually reported by the surveyor-general, it results in a net cost to the United
States of $500 for each claim ; and to continue the computation to those which have
not been reported or confirmed, estimated at 900, the aggregate cost to the United
States will amount to $450,000. And after the expenditure of this sum of money on
these claims it leaves them in a condition that Congress is almost as uncertain what
final dispostion should be made of them as if they had never been reported.
On the other hand the proposed bill suggests a method by which said claims can be
judicially determined at a cost to the United States of one-fourth of that above stated,
or, instead of each claim costing the United States $500 to have it reported to Con-
gress, as is the case under the present system, its confirmation by the commission and
courts will cost the United States $120.
As I have already had occasion to state, it is impossible to determine the exact
number of unconfirmed claims there are in the States and Territories named in the
1140 CONGRESSIONAL REPORT ON PRIVATE LAND CLAIMs.
bill; from the data at hand, the number has been estimated to be about 900. This
Inumber may be in excess, or it may be less than the actual number; but in either
event, it is just as important and necessary that they should receive early and speedy
action. It is justly due to the claimants and the settlers, who are directly concerned
in having their rights finally adjudicated, and necessary to prevent the perpetration
of frauds in the future upon the Government.
This office in its annual reports for the past five or six years or more has set forth
the condition of land titles in the Territory of New Mexico, the only Territory in which
the system provided by the act of 1854 has been in active operation since the passage
of said act, and urged such legislation as that proposed by the bill before me for the
settlement of all of the private land claims within the Territory, excepting the State
of California, acquired from Mexico.
The bill under consideration was drafted in this office and the Department. After
carefully reviewing it, I have the honor to suggest the following amendments thereto:
First. On line 9 of section 4, between the words “of” and “the,” insert the words
“one of,” so as to read that “it shall be the duty of one of the said agents to attend
all meetings of the commission,” &c.
Second. On line 24 of section 7, between the words “district’” and “court,” insert
the words “or territorial.”
Third. On line 2 of section 8, between the words “district” and “and,” insert
“territorial,” so that when amended it will read “that the commission herein pro-
vided for and the district, territorial, and Supreme Courts of the United States,” &c.,
and ;
Fourth. Add to section 12 the following, after the word “individual,” on line 11,
“and the fact of the existence of the city, town, or village, on the seventh day of July,
one thousand eight hundred andforty-six, being duly proven, shall be accepted as prima
facie evidence of a grant to the corporation thereof, or to the individual under whom
the lot-holders claim.”
The last amendment above suggested has been taken from the fourteenth section of
the act of March 3, 1851, under which the private land claims, including claims to
town property, in the State of California were confirmed. It was also incorporated
into and made a part of the instructions issued by the Department under the act of
July 22, 1854. The Government having thus adopted at an early day after the cession
of the Territory the above rule in regard to what shall constitute sufficient evidence
of the right of persons holding property under the corporate authorities of a town to
a confirmation, and the fact that the system of the Spanish and Mexican Governments
in regard to town grants is entirely different from that in force under the public land
laws, constitute the grounds upon which I have based my suggestion in regard to said
fourth amendment.
In accordance with the foregoing views, I have the honor to earnestly recommend
the early passage of the aforesaid bill.
Very respectfully, your obedient servant,
J. A. WILLIAMSON,
Commissioner.
Hon. C. SCHURz,
Secretary of the Interior.
In order to obtain the latest data on the subject, the honorable Secretary of the
Interior was requested by Mr. Hazelton of your committee to furnish certain informa-
tion as to the number and aggregate area of the grants approved and confirmed, and
the following has been received in reply:
DEPARTMENA r THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., June 9, 1882.
SIR: Complying with the direction for report contained in the reference dated 1st
instant of the Assistant Secretary of a letter to you dated 31st ultimo from Hon. George
C. Hazelton of Committee on Private Land Claims, House of Representatives, inclos-
ing H. R. 3149, entitled “A bill to provide for ascertaining and settling private land
claims in certain States and Territories,” and making certain inquiries in connection
there with, I have the honor to state that the total number of claims, includiug pueb-
los, reported to §§º by the surveyor-general of New Mexico, under the eighth
section of the act of July 22, 1854 (Stats. 10, page 309), is.------------...--------- 141
Of this number there have been confirmed by Congress --------------------- 64
Rejected by the Supreme Court of the United States under fifth section act of
June 21, 1860------------------------------------------------------------
Pending in Congress ------------------------------------------ tº ºs e s e s = e, as . 76
CONGRESSIONAL REPORT ON PRIVATE LAND CLAIMS. 1141
Relative to Colorado and Arizona, would say in reply that under act of February
28, 1861 (Stats. 12, p. 172), the surveyor-general of Colorado has reported one claim,
and under act of July 15, 1876 (Stats. 16, p. 304), the surveyor-general of Arizona has
reported thirteen claims.
As none of the claims reported by the surveyors-general of Colorado and Arizona.
nave been confirmed, the number pending in Congress is the same as reported, to
wit: 14.
From the foregoing it will be observed that the number of claims reported by the
surveyor-general of New Mexico is.------------------------------------------
Reported by surveyor-general of Colorado -------------------------------------- 1
Reported by surveyor-general of Arizona. -------------------------------------- 13
Making a total of claims reported.---------------------------------------- 155
Of this number there have been confirmed by Congress - - - - - - - - - - - - - - - - - - - - - 64
Rejected by the Supreme Court of United States under 5th act June 21, 1860- 1
— 65
Total pending in Congress----------------------------------------------- 90
Of the 90 claims pending in Congress as aforesaid, three were rejected by the sur-
veyor-general of New Mexico, and two were rejected by the surveyor-general of Ari-
zona, and the case of the Una de Gato, originally recommended for confirmation, was,
upon reinvestigation, subsequently reported as fraudulent.
It may be proper to state in this connection that in the claim of Gervacio Nolan,
numbered 39, and that of José Sutton, numbered 45, both in the Territory of New Mex-
ico, adverse reports were made by the proper committee of Congress. These claims
are also included in the number pending as aforesaid.
In response to the second clause of the second question in Mr. Hazleton’s letter, I
inclose herewith a copy of office letter dated January 9, 1878, to the honorable Sec-
retary of the Interior. This letter estimates the total number of grants in New Mexico
to be 1,014. I find upon examination of the report of the surveyor-general of New
Mexico of August 22, 1881, that up to that time only 190 claims, including pueblos,
had been filed with him, and deducting the 141 which had then been reported by him,
would leave 49 still pending in his office and 824 claims yet to be filed with him, as-
suming that none have been filed since that date.
While I have no means of determining the accuracy of the statement contained in
said letter as to the probable number of grants in New Mexico, which may or may not
be overestimated, yet I concluded to transmit a copy of the same, and the information
upon that point may be accepted for what it is worth.
From the most reliable information in the possession of this office, it is believed
that the number of claims to be reported by the surveyor-general of Arizona will not
exceed 11. All the claims pending in Congress, with the exception of about 12,
have been surveyed, and the preliminary surveys are found, upon examination, to
cover an area of about 5,500,000 acres.
This office is not advised of the existence of any private land claims in the State of
Nevada nor in the Territory of Utah. Mr. Hazleton’s letter and inclosure are here-
with returned.
I am, sir, very respectfully, your obedient servant,
N. C. MCFARLAND,
Commissioner.
Hon. H. M. TELLER,
Secretary of the Interior.
This bill is in substance the same as the one referred to by Commissioner William-
son in his foregoing letter of January 29, 1878, and which had the sanction of the In-
terior Department.
Your committee therefore report back the accompanying substitute for H. R. 3149,
and recommend the passage thereof.
1142 CONGRESSIONAL REPORT ON PRIVATE LAND CLAIMs.
MR. HAZELTON'S ORIGINAL BILL.
[Referred to on page 1134.]
ForTY-SEvenTH CONGRESS, FIRST SESSION.
H. R. 3149.
IN THE HOUSE OF REPRESENTATIVES, JANUARY 16, 1882.
Read twice, referred to the Committee on Private Land Claims, and ordered to be printed.
Mr. G. C. HAZELTON, of Wisconsin, introduced the following bill:
...A BILL to provide for ascertaining and settling private land claims in certain States and Territories.
De it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That for the purpose of ascertaining and settling private land
claims in the States of Nevada and Colorado, and the Territories of New Mexico, Ari-
zona, Wyoming, and Utah, a commission shall be, and is hereby, constituted, which
shall consist of three commissioners, to be appointed by the President of the United
States, by and with the advice and consent of the Senate, which commission shall con-
tinue for four years from the first day of September, eighteen hundred and eighty-two,
unless sooner discontinued by the President ; and such commission, when organized,
shall have power to issue and enforce process for the attendance of witnesses, and to
punish contempts, and shall be governed by the same rules of evidence and practice
which govern the United States courts in the State or Territory where the claims are
located; and all process shall be issued by the secretary of said commission, and shall
run in the name of the United States, and be executed by the marshal of the United
States for the district where said land is located.
SEC. 2. That a secretary, skilled in the English and Spanish languages, shall be ap-
pointed by the commission to keep a record of the proceedings of the commission in a
bound book or books furnished for that purpose, which record of proceedings, at the
termination of said commission, shall be deposited in the General Land Office of the
United States.
SEC. 3. That such clerks as may be necessary, not to exceed five in number, includ-
ing two competent stenographers, shall be appointed by the said commission; and the
commission may, from time to time, designate their secretary or either of their clerks
to act as interpreter for the commission.
SEC. 4. That the President of the United States is hereby authorized to appoint an
agent and an associate agent, learned in the law, one of whom shall be skilled in the
Spanish language, whose special duty it shall be to appear in behalf of and to repre-
sent the United States before said commission, and to continue them in such agency
so long as in his judgment the public interest may require, and to allow them such
compensation as he shall deem reasonable, not to exceed five thousand dollars per
annum each. It shall be the duty of the said agents to attend all the meetings of the
commission, to collect testimony in behalf of the United States, and to be present on
all occasions at the taking of testimony by or in behalf of claimants before said com-
mission; and that in all cases claimants shall be required to give notice in writing to
either of said agents of the time and place they propose to produce witnesses for ex-
amination: Provided, That in all cases testimony shall be taken before the commis-
sion, or in pursuance of a commission issued by said commissioners, with interrogato-
ries and cross-interrogatories annexed thereto and approved by them : And provided
further, That all witnesses subpoenaed on behalf of the United States who shall testify
before said commission shall be entitled to the same per diem and mileage as wit-
nesses attending upon the district court of the United States, to be paid by the mar-
shal in like manner upon the certificate of said commissioners.
SEC. 5. That the said commission shall hold its sessions at such place or places as
the Commissioner of the General Land Office shall direct, of which due and public
notice shall be given; and the United States marshal of the district within which the
land is situated shall appoint one or more deputies whose duty it shall be to attend
upon the said commission and execute all process issued by authority thereof, and
who shall receive the same compensation as is allowed to the marshal for his attend-
ance upon the district court and the performance of like sºrvices therein.
SEC. 6. That either of the said commissioners, when sit as a commission, or the
secretary of the commission, shall be, and is hereby, authorized to administer oaths
to witnesses produced for examination in any case pending before the said commis-
sion; and that all testimony shall be reduced to writing, and shall be recorded and
preserved in bound books to be provided for that purpose.
SEC. 7. That excepting in claims heretofore confirmed by or reported to Congress
CONGRESSIONAL REPORT ON PRIVATE LAND CLAIMS. 1143
for confirmation, each and every person claiming lands in the States and Territories
aforesaid by virtue of any right or title, legal or equitable, derived from the Spanish
or Mexican Government, shall present his claim to the said commissioners, when sit-
ting as a commission, together with such documentary evidence and testimony of
witnesses as the claimant relies upon in support of such claim, which may include
the testimony heretofore taken before the surveyors-general under the authority
given them to investigate such claims; and when said claim shall have been pre-
sented to the commissioners aforesaid, it shall be the duty of said commissioners to
give notice of such presentation by a publication, once a week for four consecutive
weeks, in two newspapers of general circulation, one published at the capital of the
State or Territory and one published nearest the land claimed; and it shall be the
duty of said commissioners, when the case is ready for hearing, to proceed promptly
to examine the same upon such evidence, and upon the evidence produced in behalf of
the United States, and to decide upon the validity, extent, and the exterior boundaries
of the said claim; and in every case in which the said commission shall render a final
decision, it shall be their duty to have prepared two certified transcripts of their pro-
ceedings and decision, and of the papers and evidence on which the same are founded,
one of which transcripts shall be filed with the clerk of the United States district
court for the district within which the land claimed is located, and the other shall be
transmitted to the Attorney-General of the United States; and the filing of such
transcripts with the clerk aforesaid shall ipso facto operate as an appeal to said court
for the party against whom the decision shall be rendered; and if such decision shall
be against the private claimant, it shall be his duty to file a notice with the clerk
aforesaid, within three months thereafter, of his intention to prosecute the appeal;
and if the decision shall be against the United States, it shall be the duty of the
Attorney-General, within three months after receiving said transcript, to cause a no-
tice to be filed with the clerk aforesaid that the appeal will be prosecuted by the
United States; and on failure of either party to file such notice with the clerk afore-
Said, the appeal shall be regarded as dismissed; and in all cases wherein notice of
appeal as hereinbefore |... shall have been filed, the district court shall proceed
to hear, try, and determine the rights of the parties, and render judgment upon the
pleadings and evidence in the case, and upon such further evidence as may be taken
by order of the said court, and shall, upon application of the party against whom judg-
ment is rendered, grant a writ of error to the Supreme Court of the United States, in
the manner now prescribed by law: Provided, however, That if the transcript of the
record of proceedings in the district court is not filed in the Supreme Court by the
claimant within one year after the filing of such appeal, said appeal may be dismissed
on motion of the Attorney-General, on the certificate of the clerk of the district court
showing that such appeal was taken.
SEC. 8. That the commission herein provided for, and the district and supreme
courts of the United States, in deciding on the validity of any claim brought before
them under the provisions of this act, shall be governed by the treaty of Guadalupe
Hidalgo, the treaty with Mexico concluded on the thirtieth day of December, eighteen
hundred and fifty-three, comir only known as the “Gadsden treaty,” the law of na-
tions, the laws, usages, and customs of the government from which the claim is de-
rived, the principles and equity, and the decisions of the Supreme Court of the United
States, so far as they are applicable.
SEC. 9. That all lands as aforesaid the claims to which shall be finally rejected in the
manner herein provided, and all lands as aforesaid the claims to which shall not have
been presented to the said commission within two years after the first day of Septem-
ber next, shall be deemed, held, and considered as a part of the public domain of the
United States, and said claims shall be forever thereafter barred.
SEC. 10. That it shall be the duty of the surveyor-general of the State or Territory
within which any unsurveyed claim to land, finally confirmed as aforesaid, is situated
to cause said claim to be accurately surveyed, at the expense of the United States, an
to keep an accurate account of the cost of such survey or surveys, and the platting
thereof, which account shall be entered of record in his office, and a certified tran-
Script thereof shall be filed for record in the office of the recorder of land-titles of the
county, or counties within which the land is situated, which shall operate as a lien .
upon the land so surveyed for the amount of the said account; and if such lien shall
not have been satisfied or discharged within five years from the date of the filing of
said account for record as aforesaid, the Commissioner of the General Land Office may
direct the necessary proceedings to be instituted in the proper United States district
court to enforce said lien; and said court shall have power to issue suitable process
for the enforcement of such lien, and by sale or otherwise compel the payment of all
costs incident thereto, which proceedings shall be instituted by the United States dis-
trict attorney for the district where the land is located, and summary judgment shall
be rendered on his motion made to the court, after ten days' notice in writing to the
grant claimant, his heirs or assigns: Provided, That in the location and survey of said
claims the decree of confirmation shall be followed as closely as practicable whenever
1144 CONGRESSIONAL REPORT ON PRIVATE LAND CLAIMs.
such decree designates the specific boundaries of the claim; but when such decree
designates only the out-boundaries within which the quantity confirmed is to be taken,
the location of such quantity shall be made, as near as practicable, in one tract and in
compact form; but if intervening grants render the location in one tract impracti-
cable, then each separate location shall be made, as near as practicable, in compact
form ; and it shall be the duty of the Commissioner of the General Land Office to re-
quire a substantial compliance with the directions of this proviso.
SEC. 11. That whenever either of the surveyors-general as aforesaid shall, in com-
pliance with the provisions of this act, have caused any claim to land as aforesaid to
be surveyed, and a plat thereof to be made, he shall give notice that the same has been
done, by a publication, once a week for four consecutive weeks, in two newspapers
having a general circulation, one published at the capital of the State or Territory in
which the land surveyed is situated and one published nearest the land thus surveyed,
and shall retain in his office, for public inspection, the survey and plat for the period
of ninety days from the date of the first publication at the capital of the State or Ter-
ritory aforesaid; and if no objections are made to said survey, he shall approve the
same, and transmit a plat and descriptive notes thereof to the Commissioner of the
General Land Office, for his approval; but if objections are made to said survey within
the said ninety days, by any party claiming to have an interest in the tract embraced
by the survey, or any part thereof, such objections shall be reduced to writing, stating
distinctly the interest of the objector, and signed by him and his attorney, and filed
with the surveyor-general, together with such affidavits or other proofs as he may
produce in support of the objections. At the expiration of the said ninety days, if the
objections and prima-facie showing above prescribed have been filed, the surveyor-
general shall give notice thereof to the United States district attorney in whose dis-
trict said lands are situated; and, upon the receipt of such notice, said district attor-
ney shall appear and examine the objections and proof filed in support thereof; and
if, in his opinion, the same are not sufficient to warrant the ordering of a hearing to
determine the correctness of said survey, he shall file his reasons therefor with the
surveyor-general, whereupon the surveyor-general shall determine whether a hearing
should be ordered, subject to an appeal therefrom to the Commissioner of the General
Land Office; and if a hearing shall be ordered by the Commissioner, the surveyor-
eneral shall give due notice thereof to all parties in interest, and to the said United
tates district attorney, whose duty it shall be to be present at such hearing for the
purpose of representing the interests of the United States; and after such hearing
shall have been had, the surveyor-general shall transmit a plat and descriptive notes
of such survey, together with the objections and all the evidence relating thereto,
with his opinion thereon, to the Commissioner of the General Land Office; and if the
survey is approved by the said Commissioner of the General Land Office, he shall
indorse upon the plat thereof his certificate of approval. If disapproved by him, or if,
in his opinion, the ends of justice would be subserved thereby, he may require a further
report from the surveyor-general touching the matters indicated by him or proofs to
be taken thereon, or may direct a new survey and plat to be made. Whenever the ob-
jections are disposed of, or the survey and plat are corrected, or a new survey and plat
are made in conformity with his directions, the said Commissioner of the General Land
Office shall indorse upon the plat of the survey adopted his certificate of approval;
and after the survey shall have been approved by the said Commissioner, as herein-
before provided, and the expenses of such survey shall have been reimbursed to the
United States, it shall be the duty of the said Commissioner to cause a patent to issue
to the confirmee of such claim as soon as practicable after such approval and payment
for Survey.
SEC. 12. That the provisions of this act shall not extend to any city lot, town lot,
village lot, farm lot, or pasture lot held under a grant from any corporation or town
to which lands may have been granted for the establishment of a city, town, or vil-
lage by the Spanish or Mexican Government, or the lawful authorities thereof; but
the claim for said city, town, or village shall be presented by the corporate authori-
ties of the said city, town, or village, or, where the land upon which said city, town,
or village is situated was originally granted to an individual, the claim shall be pre-
sented by or in the name of said individual.
SEC. 13. That the final decrees rendered by the said commissioners, or by the dis-
trict courts, or by the Supreme Court of the United States, or any patent that may be
issued under this act, shall be conclusive between the United States and the said claim-
ants only, and shall not affect the interests of third persons.
SEC. 14. That each commissioner appointed under this act shall be allowed and paid
at the rate of five thousand dollars per annum; that the secretary of the commission
shall be allowed and paid at the rate of three thousand dollars per annum; and three
of the clerks hereinbefore provided for shall be allowed and paid at the rate of one
thousand eight hundred dollars per annum; and such additional number of elerks,
not exceeding two, as the commissioners may deem necessary, shall be allowed and
paid at the rate of one thousand six hundred dollars per annum; the aforesaid salaries
CONGRESSIONAL REPORT ON PRIVATE LAND CLAIMS. 1145
to commence from the day of the notification by the commissioners of the first meet-
ing of the commission; and all salaries herein provided for shall be paid monthly.
SEC. 15. That the actual traveling and hotel expenses of the commissioners, law
agents, secretary, and clerks hereinbefore provided for, in traveling from place to
place where the sessions of the commission may be directed by the Commissioner of
the General Land Office to be held, and the traveling expenses of the law agents in-
curred in the performance of their duties relating to the collection of testimony on
behalf of the United States, shall be paid by the United States upon vouchers approved
by the commission.
SEC. 16. That the secretary of the commission shall receive for furnishing certified
copies of any paper or record fifteen cents for every hundred words, which fees shall
be accounted for and paid over to the United States.
SEC. 17. That all laws or parts of laws authorizing the surveyor-general of any
State or Territory mentioned in this act to examine and report upon the title of any
unconfirmed private land-claim, and all laws and parts of laws inconsistent with the
provisions of this act, are hereby repealed.
SUBSTITUTE REPORTED BY THE COMMITTEE ON PRIVATE LAND-CLAIMS
FOR ME. HAZELTON'S BILL.
[Referred to on page 1134.]
ForTY-SEVENTH CONGRESS, FIRST SESSION.
H. R. 6840.
[Report No. 1733. ]
IN THE HOUSE OF REPRESENTATIVES, JULY 26, 1882.
Read twice, referred to the House Calendar, and ordered to be printed.
Mr. G. C. HAZELTON, of Wisconsin, from the Committee on Private Land-Claims, re-
ported the following bill as a substitute for H. R. 3149:
A BILL to provide for ascertaining and settling private land-claims in certain States and Territories.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That for the purpose of ascertaining and settling private land-
claims in the States of Nevada and Colorado, and the Territories of New Mexico, Ari-
zona, Wyoming, and Utah, a commission shall be, and is hereby, constituted, which
shall consist of three commissioners, to be appointed by the President of the United
States, by and with the advice and consent of the Senate, which commission shall
continue for four years from the first day of September, eighteen hundred and eighty-
two, unless sooner discontinued by the President; and such commission, when organ-
ized, shall have power to issue and enforce process for the attendance of witnesses,
and to punish contempts, and shall be governed by the same rules of evidence and
practice which govern the United States courts in the State or Territory where the
claims are located; and all process shall be issued by the secretary of said commis-
sion, and shall run in the name of the United States, and be executed by the marshal
of the United States for the district where said land is located.
SEC. 2. That a secretary, skilled in the English and Spanish languages, shall be ap-
pointed by the commission to keep a record of the proceedings of the commission in
a bound book or books furnished for that purpose, which record of proceedings, at the
termination of said commission, shall be deposited in the General Land Office of the
United States.
SEC. 3. That such clerks as may be necessary, not to exceed five in number, includ-
ing two competent stenographers, shall be appointed by the said commission; and the
commission may, from time to time, designate their secretary or either of their clerks.
to act as interpreter for the commission.
SEC. 4. That the President of the United States is hereby authorized to appoint an
agent and an associate agent, learned in the law, one of whom shall be skilled in the
Spanish language, whose special duty it shall be to appear in behalf of and to rep-
resent the United States before said commission, and to continue them in such agency
so long as in his judgment the public interest may require, and to allow them such
compensation as he shall deem reasonable, not to exceed five thousand dollars per
annum each. And at least one of the said agents to attend all the meetings of the
commission, to collect testimony in behalf of the United States, and to be present on
all occasions at the taking of testimony by or in behalf of claimants before said com-
mission; and that in all cases claimants shall be required to give notice in writing to
1146 CONGRESSIONAL REPORT on PRIVATE LAND CLAIMs.
either of said agents of the time and place they propose to produce witnesses for ex-
amination: Provided, That in all cases testimony shall be taken either before the com-
mission, or in pursuance of a commission issued by said commissioners with interrag-
atories and cross-interrogatories annexed thereto and approved by them: And provided
jºurther, That all witnesses subpoenaed on behalf of the United States who shall tes-
tify before said commission shall be entitled to the same per diem and mileage as wit-
nesses attending upon the district court of the United States, to be paid by the mar-
shal in like manner upon the certificate of said commissioners.
SEC. 5. That the said commission shall hold its sessions at such place or places as
the Commissioner of the General Land Office shall direct, of which due and public
notice shall be given; and the United States marshal of the district within which
the land is situated shall appoint one or more deputies, whose duty it shall be to attend
upon the said commission and execute all process issued by authority thereof, and who
shall receive the same compensation as is allowed to the marshal for his attendance
upon the district court and the performance of like services therein.
SEC. 6. That either of the said commissioners, when sitting as a commission, or the
secretary of the commission, shall be, and is hereby, authorized to administer oaths
to witnesses produced for examination in any case pending before the said commis-
sion; and that all testimony shall be reduced to writing, and shall be recorded and
preserved in bound books to be provided for that purpose.
SEC. 7. That excepting in claims heretofore confirmed by Congress, each and every
person claiming lands in the States and Territories aforesaid by virtue of any right
or title, legal or equitable, derived from the Spanish or Mexican Government, shall
present his claim to the said commissioners, when sitting as a commission, together
with such documentary evidence and testimony of witnesses as the claimant relies
upon in support of such claim, which may include the testimony heretofore taken
before the surveyors-general under the authority given them to investigate such
claims; and when said claim shall have been presented to the commissioners aforesaid
it shall be the duty of said commissioners to give notice of such presentation by a
publication, once a week for four consecutive weeks, in two newspapers of general
circulation, one published at the capital of the State or Territory wherein said land
is situated and one published nearest the land claimed; and it shall be the duty of
said commissioners, when the case is ready for hearing, to proceed promptly to examine
the same upon such evidence, and upon the evidence produced in behalf of the United
States, and to decide upon the validity, extent, and the exterior boundaries of the said
claim; and in every case in which the said commission shall render a final decision, it
shall be their duty to have prepared two certified transcripts of their proceedings and
decision, and of the papers and evidence on which the same are founded, one of which
transcripts shall be filed with the clerk of the United States district court for the
district within which the land claimed is located, and the other shall be transmitted
to the Attorney-General of the United States; and the filing of such transcripts with
the clerk aforesaid shall ipso facto operate as an appeal to said court for the party
against whom the decision shall be rendered; and if such decision shall be against
the private claimant, it shall be his duty to file a notice with the clerk aforesaid,
within three months thereafter, of his intention to prosecute the appeal; and if the
decision shall be against the United States, it shall be the duty of the Attorney-Gen-
eral, within three months after receiving said transcript, to cause a notice to be filed
with the clerk aforesaid that the appeal will be prosecuted by the United States;
and on failure of either party to file such notice with the clerk aforesaid, the appeal
shall be regarded as dismissed; and in all cases wherein Inotice of appeal as herein-
before provided shall have been filed, the district court shall proceed to hear, try, and
determine the rights of the parties, and render judgment upon the pleadings and
evidence in the case, and upon such further evidence as may be taken by order of the
said court, and shall, upon application of the party against whom judgment is rendered,
grant a writ of error to the Supreme Court of the United States, in the manner now
prescribed by law: Provided, however, That if the transcript of the record of proceed-
ings in the district court is not filed in the Supreme Court by the claimant within one
year after the filing of such appeal, said appeal may be dismissed on motion of the
Aqtorney-General, on the certificate of the clerk of the district court showing that
such appeal was taken.
SEC. 8. That the commission herein provided for, and the district and supreme
courts of the United States, in deciding on the validity of any claim brought before
them under the provisions of this act, shall be governed by the treaty of Guadalupe
Hidalgo, the treaty with Mexico concluded on the thirtieth day of December, eighteen
hundred and fifty-three, commonly known as the “Gadsden treaty,” the law of
nations, the laws, usages, and customs of the government from which the claim is
derived, the principles of equity, and the decisions of the Supreme Court of the United
States, so far as they are applicable.
SEC. 9. That all lands as aforesaid the claims to which shall be finally rejected in
the manner herein provided, and all lands as aforesaid, except those which have been
CONGRESSIONAL REPORT ON PRIVATE LAND CLAIMS. 1147
held in actual occupancy and possession by parties claiming title thereto for niore
than twenty years, the claims to which shall not have been presented to the said
commission within two years after the first day of September next, shall be deemed,
held, and considered as a part of the public domain of the United States, and said
claims shall be forever thereafter barred.
SEC. 10. That it shall be the duty of the surveyor-general of the State or Territory
within which any unsurveyed claim to land, finally confirmed as aforesaid, is situated,
to cause said claim to be accurately surveyed, at the expense of the United States,
and to keep an accurate account of the cost of such survey or surveys, and the plat-
ting thereof, which account shall be entered of record in his office, and a certified
transcript thereof shall be filed for record in the office of the recorder of land titles of
the county or counties within which the land is situated, which shall operate as a lien
upon the land so surveyed for the amount of the said account; and if such lien shall
not have been satisfied or discharged within five years from the date of the filing of
said account for record as aforesaid, the Commissioner of the General Land Office may
direct the necessary proceedings to be instituted in the proper United States district
court to enforce said lien; and said court shall have power to issue suitable process
for the enforcement of such lien, and by sale or otherwise compel the payment of all
costs incident thereto, which proceedings shall be instituted by the United States
district attorney for the district where the land is located, and summary judgment
shall be rendered on his motion made to the court, after ten days' notice in writing
to the grant claimant, his heirs or assigns: Provided, That in the location and survey
of said claims the decree of confirmation shall be followed as closely as practicable
whenever such decree designates the specific boundaries of the claim ; but when such
decree designates only the out-boundaries within which the quantity confirmed is to
be taken, the location of such quantity shall be made, as near as practicable, in one
tract and in compact form; but if intervening grants render the location in one tract
impracticable, then each separate location shall be made, as near as practicable, in
compact form; and it shall be the duty of the Commissioner of the General Land Office
to require a substantial compliance with the directions of this proviso.
SEC. 11, That whenever either of the surveyors-general as aforesaid shall, in com-
pliance with the provisions of this act, have caused any claim to land as aforesaid to
be surveyed, and a plat thereof to be made, he shall give notice that the same has
been done, by a publication, once a week for four consecutive weeks, in two news-
papers having a general circulation, one published at the capital of the State or Ter-
ritory in which the land surveyed is situated and one published nearest the land thus
surveyed, and shall retain in his office, for public inspection, the survey and plat for
the period of ninety days from the date of the first publication at the capital of the
State or Territory aforesaid; and if no objections are made to said survey, he shall
approve the same, and transmit a plat and descriptive notes thereof to the Commis-
sioner of the General Land Office, for his approval; but if objections are made to said
survey within the said ninety days, by any party claiming to have an interest in the
tract embraced by the survey, or any part thereof, such objections shall be reduced
to writing, stating distinctly the interest of the objector, and signed by him or his
attorney, and filed with the surveyor-general, together with such affidavits or other
proofs as he may produce in support of the objections. At the expiration of the said
ninety days, if the objections and prima facie showing above prescribed have been
filed, the surveyor-general shall give notice thereof to the United States district at-
torney in whose district said lands are situated; and, upon the receipt of such notice,
said district attorney shall appear and examine the objections and proof filed in sup-
port thereof; and if, in his opinion, the same are not sufficient to warrant the ordering
of a hearing to determine the correctness of said survey, he shall file His reasons there-
for with the surveyor-general, whereupon the surveyor-general shall determine whether
a hearing should be ordered, subject to an appeal therefrom to the Commissioner of
the General Land Office; and if a hearing shall be ordered by the Commissioner, the
surveyor-general shall give due notice thereof to all parties in interest, and to the said
United States district attorney, whose duty it shall be to be present at such hearing
for the purpose of representing the interests of the United States; and after such hear-
ing shall have been had, the surveyor-general shall transmit a plat and descriptive
notes of such survey, together with the objections and all the evidence relating thereto,
with his opinion thereon, to the Commissioner of the General Land Office; and if the
survey is approved by the said Commissioner of the General Land Office, he shall in-
dorse upon the plat thereof his certificate of approval. If disapproved by him, or if,
in his opinion, the ends of justice would be subserved thereby, he may require a further
report from the surveyor-general touching the matters indicated by him or proofs to
be taken thereon, or may direct a new survey and plat to be made. Whenever the
objections are disposed of, or the survey and plat are corrected, or a new survey and
plat are made in conformity with his directions, the said Commissioner of the General
Land Office shall indorse upon the plat of the survey adopted his certificate of ap-
proval; and after the survey shall have been approved by the said Commissioner, as
1 I48 LIMITATION AND SURVEY OF PRIVATE LAND CLAIMs.
hereinbefore provided, and the expenses of such survey shall have been reimbursed
to the United States, it shall be the duty of the said Commissioner to cause a patent
to issue to the confirmee of such claim as soon as practicable after such approval and
payment for survey.
SEC. 12. That the provisions of this act shall not extend to any city lot, town lot,
village lot, farm lot, or pasture lot held under a grant from any corporation or town
to which lands may have been granted for the establishment of a city, town or vil-
lage by the Spanish or Mexican Government, or the lawful authorities thereof; but
the claim for said city, town, or village shall be presented by the corporate authori-
ties of the said city, town, or village, or, where the land upon which said city, town,
or village is situated was originally granted to an individual, the claim shall be pre-
sented by or in the name of said individual.
SEC. 13. That the final decrees rendered by the said commissioners, and by the dis-
trict courts, or by the Supreme Court of the United States, or any patent that may be
issued under this act, shall be conclusive between the United States and the said
claimants only, and shall not affect the interests of third persons.
SEC. 14. That each commissioner appointed under this act shall be allowed and paid
at the rate of five thousand dollars per annum; that the Secretary of the commission
shall be allowed and paid at the rate of three thousand dollars per annum; and three
of the clerks hereinbefore provided for shall be allowed and paid at the rate of one
thousand eight hundred dollars per annum; and such additional number of clerks,
not exceeding two, as the commissioners may deem necessary, shall be allowed and
paid at the rate of one thousand six hundred dollars per annum; the aforesaid salaries
to commence from the day of the notification by the commissioners of the first meet-
ing of the commission; and all salaries herein provided for shall be paid monthly.
SEC. 15. That the actual traveling expenses of the commisioners, law agents, secre-
tary, and clerks hereinbefore provided for, in traveling from place to place where the
sessions of the commission may be directed by the Commissioner of the General Land
Office to be held, and the traveling expenses of the law agents incurred in the per-
formance of their duties relating to the collection of testimony on behalf of the United
States, shall be paid by the United States upon vouchers approved by the commission.
SEC. 16. That the secretary of the commission shall receive for furnishing certified
copies of any paper or record fifteen cents for every hundred words, which fees shall
be accounted for and paid over to the United States.
SEC. 17. That all laws or parts of laws authorizing the surveyor-general of any State
or Territory mentioned in this act to examine and report upon the title of any uncon-
firmed private land-claim, and all laws and parts of laws inconsistent with the pro-
visions of this act, are hereby repealed.
SEC. 18. That the present custodians of all records or Spanish and Mexican archives
relating to these titles shall be and remain the custodians thereof; and such custo-
ºl furnish the same, or any part thereof, for the use of said commission, when
required.
FAILURE OF LEGISLATION.
This bill did not become a law.
LIMITATION AS TO TIME OF Fººd SURVEY OF PRIVATE IAND
STATUTE OF LIMITATION.
No limit is placed by law upon the time within which claimants in New Mexico and
Arizona shall present their claims. The Commissioner of the General Land Office in
his report for 1882, says, speaking of the absence of a statute of limitation applying to
these cases:
The result is that claims which may be only simulated operate to prevent surveys
and settlements of tracts which are really public lands of the United States. It is
suggested that if no other than the present system for ascertaining the validity of
foreign claims within the Territories mentioned is likely soon to be adopted, a law
requiring all such claims to be presented for adjudication within a certain reasonable
time or be thereafter held to be invalid, would be a just provision and one of great
public utility.
CONFIRMATION AND SUIRVEYS OF PRIVATE LAND CLAIMS.
{See page 410.]
Three separate methods of confirmations of these claims have been recognized by
law:
1. By boards of commissioners.
INTRODUCTIONS AS TO SURVEY OF PRIVATE LAND CLAIMS. 1149
2. By Congress, upon reports of boards of commissioners.
3. By the Federal courts.
Preliminary to confirmation is the survey.—On pages 394–398 can be found the
instructions issued by the Commissioner of the General Land Office to the surveyor-
general of New Mexico, August 25, 1854, for the survey of such claims in New Mexico,
Arizona, and Colorado.
INSTRUCTIONS AS TO SURVEYs, MAY 3, 1881.
IN EFFECT DECEMBER 1, 1883.
The following instructions in regard to the survey of private land claims are em-
bodied in the new manual of instructions to surveyors-general, issued under date of
May 3, 1881 (see page 575 herein) [Congress, having, on March 3, 1881, appropriated
$26,000 for the survey of private land claims in Arizona, New Mexico, and California]:
1. The instruments used in the survey of private land claims must be the same as
those required for the survey of public lands, and must be registered and tested in
like manner at the surveyor-general's office previous to the deputy’s commencing work;
and the instructions for the survey of public lands must, as far as applicable, be strictly
observed in the survey of private land claims.
2. The surveyor-general will furnish to the deputy surveyor a full description of
the boundary calls of each grant and special instructions for its survey, which descrip-
tion and instructions must be entered in eacten&o at the commencement of the field-notes
of such survey.
3. The true magnetic variation must be noted at the beginning point of each survey
and at each angle thereof, and wherever the variation of the needle is observed to
change along the line the same must be noted and the reasons therefor stated, if
known.
4. At the end of each mile along a boundary the character of the soil and amount
of timber, grass, &c., will be stated ; and the date of each day’s work in the field
must be noted at the end of the record thereof.
5. The requirements in the “Summary of objects and data required to be noted,”
as set forth in the instructions for the survey of public lands, must be observed by the
deputy in the survey of private land claims. Where practicable, bearings must be
taken from at least two points on the line to all prominent or otherwise notable objects
in the vicinity, and where only one bearing can be taken the estimated distance must
be noted.
6. Where the natural objects º a boundary call of a grant have become
obliterated, or are difficult to recognize and identify, or where there may be a doubt
as to the identity of the same, the deputy will request the parties interested, or others
having knowledge thereof, to furnish disinterested and credible witnesses, whom he
shall cause to be examined under oath, and whose testimony shall be written out in
full in his presence and that of the officer administering the oath, and subscribed and
sworn to before such officer duly authorized to administer oaths. The wording of the
testimony so taken must be clear, precise, and definite, in order that the location of
the natural objects constituting the boundary calls may be as clearly understood both
jº General Land Office and the surveyor-general’s office, as by the deputy in the
field.
7. The testimony of interested parties relative to the location of boundary calls or
objects may be taken, but should not be relied on as conclusive. The evidence as to
such locations should be obtained, when practicable, from parties having no interest
in the grant to be surveyed, and the deputy should thoroughly satisfy himself in
every case as to the correct identification and location of the natural objects consti-
tuting boundary calls.
8. Where a grant call is a point or object still notorious under the name used in the
original muniments of title, the additional testimony above provided for will not be
required, but in such cases the deputy must state in his notes the fact of its being
well known by such name, and that he is satisfied that it is the one described in the
rant.
8 9. At the beginning point upon the out boundaries of each grant survey a corner
must be established of the same character, size, and materials as prescribed for town-
ship corners upon the lines of the survey of public lands, except that only two pits
will be dug, one on each side of the corner on the line. Upon the side of such corner
facing the claim the initial letters of the name of the grant, and immediately under
the same, the letters “Beg. Cor., 1* (for beginning corner one), must be neatly cut,
-chiseled, or affixed.
10. Each of the mile corners or stations of survey must be established in the man-
ner prescribed for the establishment of section corners upon the lines of public sur-
veys, except that they will be marked on the side facing the grant with the initials
1150 INSTRUCTIONS As To survey OF PRIVATE LAND CLAIMs.
of the #. and the number of the station or mile, as the case may be ; and only two
pits will be dug, one on each side of the corner, on the line.
11. Where mile corners are established, except upon meandered portions of the line,
half-mile corners will also be established in the manner prescribed for the establish-
ment of quarter-section corners upon the lines of public surveys, except that they
will be marked upon the side facing the grant with the initials of the grant.
12. Such other marks, in addition to those above described, will be placed upon
the corners as may be required by the surveyor-general in his special written in-
Structions.
13. As far as practicable, bearings and distances must be taken from each of the
corners or stations to two or more trees or prominent natural objects, if any, within
a convenient distance, in the same manner as required in the instructions for the sur-
vey of public lands, and such trees or objects must be marked with the initials of the
grant, and underneath same the letters “B. T.,” or “B. O.,” as the case may be.
14. Witness corners will be established, where necessary, in the same manner as re-
quired in the instructions for the survey of public lands,
15. In all cases where the lines of the grant boundary surveys intersect the estab-
lished lines of survey of public lands or private land claims, the course and distance
from such point of intersection to the nearest corner on the line of the prior survey
must be carefully run, measured, and noted, and, wherever necessary, such corner
must be re-established.
16. The survey of a private land claim must always be connected by a line actually
run and measured in the field with some corner of the public surveys, if any such
have been established within a distance not exceeding two miles from any point on
the boundary lines of the private land claim.
17. Boundaries or portions of boundaries of previously established grant surveys,
which also form a portion of the boundaries of the claim to be surveyed, will be
adopted so far as common to both grants, but no payment will be made for such com-
mon boundaries unless it is necessary to re-establish same.
18. Before commencing the survey of any private land claim the deputy surveyor
will be furnished from the records of the surveyor-general’s office with descriptive
diagrams of such lines and corners as it is supposed his survey will intersect, or with
which it may be necessary to connect same.
19. In the case of confirmed grants the boundary lines must be surveyed and estab-
lished in strict accordance with the confirmatory decree; and in the case of uncon-
firmed grants, with the grant calls, and the terms of concession. The field-notes must
embrace a full, clear, and concise statement of the reasons why each boundary is so
established, in order that the theory of the deputy may appear plain to any one read-
ing the same.
20. The deputy surveyor must return with the field-notes a topographical map or
plat of the survey. As far as practicable, all objects described in field-notes, and the
main features of the tract surveyed, including towns, streams, mountains, roads
&c., must be protracted on such plat as accurately as possible.
21. A general description of each tract must be given at the end of the field-notes
of the survey of same, which description must embrace a brief statement of the main
features of the tract surveyed, character of the land, timber and other natural growth,
kinds of mineral, if any, population of towns and settlements, characteristics of
mountains, streams, springs, &c., and such other data as may be of importance.
22. The field-note books must embrace a list of assistants, and preliminary and final
oaths, as required in the instructions for the survey of public lands.
23. Official plats of the survey of private land claims will not be furnished to any
§. until the cost of surveying and platting same shall have been paid to the United
8,50S,
24. All protests against the manner of survey of any particular grant must be made
in writing, setting forth fully the grounds of objections, and addressed to the surveyor-
general of the district within which such survey was made, who will take testimony
thereon, if necessary, in accordance with the “Rules of Practice” adopted by the
Department of the Interior, and forward same, together with his recommendation in
the premises, to the Commissioner of the General Land Office. •
25. The survey of each private land claim must be made by the deputy surveyor in
strict accordance with theinstructions herein contained, and such special instructions
as may be given him in each particular case.
SURVEY OF PRIVATE LAND CLAIMS IN NEW MEXICO, COLORADo, AND ARIZONA,
AND AS TO THE WALIDITY OF SAID CLAIMS.
No one can estimate the number of private land claims yet to be filed. The Com-
missioner of the General Land Office, in his report for 1882, speaking of the survey
and confirmation of private land claims in the above-named States and Territories,
says:
VALIDITY OF PRIVATE LAND CLAIMS. 1151
The act of July 22, 1854, relative to private claims in New Mexico, the provisions
of which were extended to Colorado by act of February 28, 1861, and to Arizona by
the act of July 15, 1870, devolves upon the surveyors-general of those districts the
jurisdiction to determine the validity or invalidity of claims presented to them for
adjudication, which claims are afterwards reported to Congress for its action.
The vast power thus conferred upon subordinate officers of this Department has been
the subject of judicial notice in cases coming before the courts.
Upon assuming the duties of this office I found the practice had been to transmit to
Congress, without examination or remark, the reports of surveyors-general with
copies of the title papers and proofs upon which the claims were approved. While it
has been held that this office has no authority to review the proceedings of the sur-
yeyors-general, or even to call for or to examine the original muniments of title, I
have nevertheless deemed it my duty, with the concurrence of the Department, to
consider their reports, and in event of any obvious error to call the attention of Con-
gress thereto.
In my last annual report I referred to the pressing necessity for some legislation
that will facilitate the early adjudication of these claims, and I would again call
attention to this subject.
PRIVATE LAND CLAIMS IN NEW MEXICO, COLORADO, AND ARIZONA.
To JUNE 30, 1883.
Mr. Harrison's statement before the Senate Committee given on pages 1112 to 1116
herein, shows the condition of private land claims in the Department and in Congress
to the date of his testimony.
The three subdivisions above set out are of most interest by reason of no statute of
limitation as to the time of filing such claims and from the uncertainty as to whether
the Nation owns any lands of value in New Mexico not covered by a grant or for
which a grant, not now in sight, may have been issued by the authorities, or manu-
factured or is being manufactured by individuals.
MAP OF CONFIRMED AND UNCONFIRMED PRIVATE LAND CLAIMS IN NEW
MEXICO, COLORADO, AND ARIZONA.
To JUNE 30, 1883.
The map facing page 1155 shows the location of private land claims in the subdivis-
ions above named. It is to June 30, 1883, and was prepared by William H. Walker,
esq., principal clerk of private land claims in the General Land Office. The text on
pages 1151 to 1155 shows whether claims are confirmed, unconfirmed, or patented.
AREA EMBRACED IN ENUMERATED CIAIMS.
Acres.
48 confirmed in New Mexico and Colorado--------...----------------- 7, 732,890.00
25 pending in General Land Office in New Mexico and Colorado------- 1,913,301.91
68 pending in Congress from New Mexico and Colorado.... ----------. 5,345,053. 13
12 pending in Congress from Arizona--------------...---------------- 188, 179. 16
Total.-------------------------------------------------------- 15, 179,424.20,
AREA (ESTIMATED) NECESSARY TO FILL ALL GRANTS OR PRIVATE LAND
CLAIMS.
It was estimated June 30, 1880, which estimate has not been changed, that the area
of lands embraced within the limits of private land claims on the public domain, pat-
ented and unpatented, was about 80,000,000 acres, an area almost equal to the land
surface of the States of New York, Pennsylvania, Delaware, Maryland, Connecticut,
Massachusetts, and New Hampshire.
PRVATE LAND CLAIMS (GRANTS AND INDIAN PUEBLOS) PATENTED BY
THE UNITED STATES IN NEW MEXICO AND COLORADO.
To June 30, 1883.
As shown by the following statement forty-eight private land claims have been
patented in New Mexico and Colorado, containing 7,732,890.00 acres.
1152 PRIVATE LAND CLAIMS IN NEW MEXICA AND COLORADo.
HIST OF PATENTED INDIAN PUEBLOS AND PRIVATE LAND CLAIMS IN
NEW MEXICO AND COLORADO.
To JUNE 30, 1883.
[See page 405.]
Acres.
Pueblo de Tesuque -------------------------------------------------- 17,471. 12
Pueblo de Pojoaque ------------------------------------------------- 13,520.38
Pueblo of Nambe---------------------------------------------------- 13,586.33
Pueblo of San Ildefonso.--------------------------------------------- 17,292.64
Pueblo of Santa Clara.----------------------------------------------- 17,368. 52
Pueblo of San Juan------------------------------------------------- 17,544.77
Pueblo of Picuris --------------------------------------------------. 17,460.69
Pueblo of Taos------------------------------------------------------ 17,360. 55
Pueblo of Pecos ------------------- tº gº ºs e º ºs e º e º e º sº º º tº e º sº sº e º e º e º sº e º 'º e º º º 18, 763. 33
Pueblo of Zia ------------------------------------------------------- 17,514.63
Pueblo of Jemez ---------------------------------------------------- 17,510.45
Pueblo of Cochiti --------------------------------------------------- 24, 256.50
Pueblo of Isleta. ---------------------------------------------------- 110,080.31
Pueblo of Sandia---------------------------------------------------- 24, 187. 29
Pueblo of Santo Domingo ------------------------------------------- 74,743.11
Pueblo of San Felipe ------------------------------------------------ 34,766.86
Pueblo of Acoma---------------------------------------------------- 95,791.66
Pueblo of Santa Ana ------------------------------------------------ 17,360. 56
Tome claim --------------------------------------------------------- 121,594. 53
Belan -------------------------------------------------------------- 194,663.75
Nuestra Señora de la Luz-------------------------------------------- 16,546.85
Nolan grant----------------------- tº sº tº me tº º ºs º ºs ºs º ºs º º sº -> * * * * * * * * * * * * * * * * * * 48,778.25
San Pedro grant ---------------------------------------------------- 35,911.63
Cañon del Agua grant----------------------------------------------- 3,501. 21
Qrtiz Mine grant---------------------------------------------------- 69,458.33
Mora grant --------------------------------------------------------- 827,621.01
Antonio Ortiz------------------------------------------------------. 163,921.68
Perea grant--------------------------------------------------------. 17,712.00
Bosque del Apache-------------------------------------------------- 60, 117.39
Pablo Montoya grant ---------------------------------------------- 655,468. 07
Armendaris grant or Valverde and Fray Cristobal.------------------. 352, 504. 51
Las Animas (Wm. Craig).------------------------------------------- 73,251.55
Las Animas (Geo. W. Schofield) ------------------------------------- 3,592.06
Las Animas (John M. Francisco & Henry º * * * * * * * * * * * * s e º e º ºs º º 1,720.00
Armendaris grant No. 2, tract opposite Valverde.----...----------..... 95,030.67
Beaubien and Miranda claim, or Maxwell land grant.----------------. 1,714,764.94
E. W. Eaton grant.------------------------------------------------- 81,032.67
Sangre de Cristo ---------------------------------------------------- 998,780.46
Tierra Amarilla ----------------------------------------------------- 594,515. 55
Town of Cebolleta -------------------------------------------------- 199,567.92
Cañon de San Diego------------------------------------------------- 116,286. 19
Town of Tejon ------------------------------------------------------ 12,801.46
Anton Chico ---------------------------------------- & sº º e s s = e = e s m e º a 378,537.50
Preston Beck ------------------------------------------------------- 318,699.72
Las Animas (Chas. Antobees)---------------------------------------- 686. 17
Las Animas (Estefana Hicklin).-------------------------- © - ſº tº º º ſº º ºs º º ºs .5, 118.72
Las Animas (W. W. Bent)------------------------------------------- 2,085.51
Las Animas Romalda Luna Boggs ----------------------------------- 2,040.00
Total area ---------------------------------------------------- 7,732,890.00
Official: General Land Office, June 30, 1883.
CONFIRMED PRIVATE LAND CLAIMS IN NEW MEXICO AND COLORADO,
NOW PENDING IN THE GENERAL LAND OFFICE, TO JUNE 30, 1883.
Twenty-five claims for private land grants in New Mexico and Colorado, containing
1,913,301.91 acres, were pending in the General Land Office June 30, 1883. These
claims are from the Surveyor-general’s office, and have not as yet been transmitted to
Congress.
PRIVATE LAND CLAIMS IN NEW MEXICO AND COLORADO. 1153
LIST OF CONFIRMED PRIVATE LAND CLAIMS IN NEW MEXICO AND COLO-
RADO, PENDING IN THE GENERAL LAND OFFICE.
To JUNE 30, 1883.
[Supplants pages 406,407.]
Acres.
Town of Casa Colorada----------------------------------------------- 131,779.87
Brazito -------------------------------------------------------------- 10,612. 57
Town of Tecolote.---------------------------------------------------- 21,636.83
Las Trigos.---------------------------------------------------------- 9,646. 56
Junta de las Rios----------------------------------------------------- 108,507. 64
Town of Chilili ------------------------------------------------------ 23,626.22
Agua Negra---------------------------------------------------------- 17,361.11
Las Animas, parts of ------------------------------------------------- 17,087.35
Cañon de Pecos------------------------------------------------------ 574. 34
Las Vegas ----------------------------------------------------------- 496,446.96
Baca, location Nos. 1, 2, 3, 4, and 5 ----------------------------------- 496,446.96
Town of Tejique ----------------------------------------------------- 7, 185. 55
Town of Torreon.----------------------------------------------------- 14, 146.11
Town of Manzano---------------------------------------------------- 17, 360.97
Town of San Ysidro -------------------------- sº tº ſº tº - - - tº E tº ſº º ºs º º tº tº e º 'º - º - - 11,476.68
Town of Las Trampas------------------------------------------------ 46,461.22
Sebastian Martin grant ---------------------------------------------- 51,387 80
Indian Pueblo of Laguna--------------------------------------------- 101,510 78
Vicente Duran Armijo grant------------------------------------------ 57. 18
Town of Chamito----------------------------------------------------- 1,636.29
Pedro Sanchez grant ------------------------------------------------- 31, 802.92
Antoine Leroux grant------------------------------------------------ 126,024.50
Mesita de Juan Lopez-------------------------------- * * * * - - - as º ºs sº as ºs e - - 42,022.85
Ojo del Espirita Santo.----------------------------------------------- 127,875.86
Benjamin E. Edwards.----------------------------------------------- 626. 79
Total area ----------------------------------------------------- 1,913, 301.91
Official: General Land Office, June 30, 1883.
PRIVATE LAND CLAIMS IN NEW MEXICO AND COLORADO REPORTED TO
CONGRESS AND NOW AWAITING ACTION, JUNE 30, 1883.
June 30, 1883, there were sixty-eight private land claims from New Mexico and
Colorado reported from the General Land Office, containing 5,345,053.103 acres, wait-
ing Congressional confirmation. Delay in these cases is frequently injurious to OWn-
ers or intending purchasers.
LIST OF PRIVATE LAND CLAIMS IN NEW MEXICO AND COLORADO RE-
PORTED TO CONGRESS AND NOW AWAITING ACTION.
To JUNE 30, 1883.
[Supplants pages 407,408.]
Acres.
Ojo del Añil. (See Report No. 71, House of Representatives, Fortieth
Congress, second session).------------------------------------------ 69,445. 55
B. M. Montana grant------------------------------------------------ 151,056.97
Cañada de los Apaches----------------------... • * * * * * * * * * * * * * * * * * * * * * * * 88,079.78
Nerio Antonio Montoya, jr------------------------------------------- 3,546.06
Rogue Lovato grant------------------------------------------------ º 1,619.86
Cañada de los Alamos---------------------------------f------------ º 13,706.02
Bernardino de Sena. (No survey.)
J. B. Valdez grant -------------------------------------------------- 6,583.29
Juan de Dios Peña -------------------------------------------------- 479. 41
José F. Baca y Terrus ---------------------------------------------- º 1,589.87
Rio Grande.-------------------------------------------------------- 109,043.80
Serrillos ------------------------------------------------------------ 2,287.41
Town of Galisteo. (No survey; rejected by surveyor-general.)
Cebolla tract-------------------------------------------------------- 17, 159.57
Town of Cienequilla ------------------------------------------------ 43,961.54
Cojo del Rio -------------------------------------------------------- 62,343.01
Cajon del Rio de Tesuque ------------------------------------------- 11,619,56
San Joaquin del Nacimiento------------------------- tº º tº sº ºn tº ºn as º ºs e e º m º º 131,725.87
73 L O—WOL III
1154. PRIVATE LAND CLAIMS PENDING IN CONGRESS.
Acres.
San Clemente tract ------------------------------------------------- 89, 403. 40
Grant to Luis de Armenta ------------------------------------------- 444.24
Grant to Juan Salas------------------------------------------------- 436. 41
Grant to Antonio Sandoval------------------------------------------ 415,036. 56
Cañon de Chama---------------------------------------------------- 472,736.95
Ojo del Apache. (No survey; rejected by surveyor-general.)
Piedra Lumbre.....----------. • m º ºs º ºs e s as sº as as sm º ºs is as tº as sº m sº º ºs º ºs º ºs º ºs & sº º sm º ºs º º 48,336. 12
‘Grant to Bartolome Marquez and Francisco Padilla ------...----------- 637. 23
Sierra Mosca.------------------------------------------------------- 33,250.39
Town of San Antonio del Colorado ---------------------------------- 18,955. 22
Town of Ojo Caliente ----------------------------------------------- 38, 590. 20
San Miguel Spring tract--------------------------------------------- 25, 176. 39
-Arroyo de San Lorenzo.--------------------------------------------- 130, 138.98
"Grant of Juan de Mestas-------------------------------------------- 1,686.47
Cuyamunque Pueblo tract. (No survey.)
Grant to Salvador Gonzales------------------------------------------ 103,959.31
Town of Bernalillo ------------------------------------------------- 11,674. 37
Angustura tract ---------------------------------------------------- 2, 319.04
Doña Anna Bend --------------------------------------------------- 19, 323. 57
Mesilla Colony grant------------------------------------------------ 33,960. 33
Grant to Gaspar Ortiz. (No survey on file in General Land Office.)
Santa Fé City land claim -------------------------------------------- 17, 361. 11
Talaya tract-------------------------------------------------------- 1, 003. 55
Refugio Colony grant------------------------------------------------ 26, 130. 19
Grant to F. M. Vigil ------------------------------------------------ 106,274.87
Ignacio de Roival and Jacinto Palaez.-------------------------------- 46, 341. 48
Grant to Antonio E. Armenta. --------------------------------------- 42,939.21
Town of Cevilleta -------------------------------------------------- 224,770. 13
Grant to Ignacio Chaves -------------------------------------------- 243,036.43
Grant to Mestas Joaquin -------------------------------------------- 3, 632.94
Bernardo de Miera y Pacheco ---------------------------------------- 148,862.945
Felipe Tafoya et al -------------------------------------------------- 22,578. 12
Miguel Montoya ---------------------------------------------------- 3,253.09
Antonio Baca------------------------------------------------------- 43,653.03
Montano.----------------------------------------------------------- 1,890.62
Luis Jaramillo------------------------------------------------------ 18,046.59
Baltazat Baca & Sons----------------------------------------------- 12, 207. 408
Petaca grant---------------------------------- * * * * * * * * * * * * * * * * * * * * * * 186,977. 11
"Ojo de la Cabra ----------------------------------------------------- 4, 340.26
Town of Socorro ---------------------------------------------------- 843, 259.59
Wallicito grant------------------------------------------------------ 114,400. 54
Anaya Almazon----------------------------------------------------- 45,244. 73
Antonio Martinez grant--------------------------------------------- 67,480.20
Ojo de Borrego tract.----------------------------------------------- 60,214. 13
San Miguel del Bado tract------------------------------------------- 315,300.80
Tract of land in Taos County. (No survey.)
Cañon de San Diego tract ------------------------------------------- 9,572.570
Santisima Trinidad or Rancho de Galvan, Bernalillo County---------.
Town of Peña Blanca -----------------------------------------------
Gervacio Nolan ----------------------------------------------------- 575,968. 71
Total.--------------------------------------------------------- 5,345,053. 103
Official: General Land Office, June 30, 1883.
PRIVATE LAND CLAIMS IN ARIZONA, REPORTED TO CONGRESS AND NOW
AWAITING ACTION, JUNE 30, 1883.
Twelve private land claims in Arizona were within the register of Congress June
30, 1883, waiting acts of confirmation. They contain 188,179.169 acres.
LIST OF PRIVATE LAND CLAIMS IN THE TERRITORY OF ARIZONA, RE-
PORTED TO CONGRESS AND NOW AWAITING ACTION.
To JUNE 30, 1883.
[Supplants page 409.]
Acres.
Rancho San Rafael del Valle ---------------------------------------- 17,360.76
Rancho San Ignacio del Babocomori--------------------------------- 34,722.028
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MA; SHOWING PRIVATE LAND CLAIMS,
PATENTED OR UNPATENTE OR CONFIRMED, IN NEW MEXICO, COLORADO AND ARIZONA,
To June 30, 1883.
The area and condition of these grants is sign by the text on the page opposite. They contain 15,179,427.20 aeres.
It was estimated June 30, 1880, that it woulºquire about 80,000,000 of acres of Public Lands to satisfy this olass of claims, including
See cheer XXXI, pages 365 to 410, and addenda to chapter, for confirmatory text.
those which had been already patented.
In Colorado the Nolan grant and derivative ims under the Las Animas (or Vigil and St. Vrain) grant are not noted on the map. The two
No survey of their
last were located by legal sub-divisions of the puc surveys, and cannot be correctly represented on the scale of this map.
exterior limits has been made by the United State


LEGISLATION RECOMMENDED, 1883. 1155
Acres.
Rancho San Ignacio de la Canoa------...------------------------------ 17,208,333
Rancho Tumacacori and Calabazas ---------------------------------- 52, 007.95
Rancho San José de Sanvita. ---------------------------------------- 7, 598. 07
Rancho San Rafael de la Sanja -----------------------. -------------- 17,361.108
Aribae ------------------------------------------------------------- 8, 680. 52
Rancho San Juan de las Boquillas y Nogales.-----------------------. 17,355.86
Rancho Los Nogales de Elias ---------------------------------------- 10,638.68
Rancho de Otero and House Lot ------------------------------------- 185. 70
El Sapori-----------------------------------------------------------
Maria Santisima del Carmenor Buena Vista. --..... . . . . . . . . . . . . . . . . . . 5,360. 16
Total.--------------------------------------------------------- 188, 179. 169
Official: General Land Office, June 30, 1883.
LEGISLATION RECOMMENDED JUNE 30, 1883.
The Commissioner of the General Land Office, in his annual report for the fiscal
year ending June 30, 1883, makes the following statement and recommendations as
to private land claims: -
PRIVATE LAND CLAIMS.
Eight confirmed private land claims in California have been patented, and nineteen
others docketed, but not finally disposed of.
Twenty-six private claims in Louisiana, Florida, and Illinois, and three in New
Mexico, have been passed to patent. One in Louisiana and one in New Mexico pre-
sented for recognition have been rejected. Twenty-seven confirmed claims in New
Mexico and Colorado, and forty-one in Louisiana, and Florida, are awaiting final ac-
tion. Three claims within the Las Animas grant in Colorado have been adjudicated.
Six approved and twenty-four rejected claims within the same grant remain to be
considered.
Scrip has been issued for two claims in Louisiana under the act of June 22, 1860,
and subsequent acts. Three have been reported to Congress. Three hundred and
six * have been allowed on private land-scrip locations, and ninety-three are
Il CIII] &
*º-nine donation claims in Oregon and Washington Territory have been pat-
ented, twenty-six in New Mexico rejected, and five hundred and forty-seven in Ore-
#. Washington Territory, and New Mexico remain to be adjudicated. Eighty-four
ndian claims have been patented.
Several thousand private land claims in Florida and Louisiana, and a smaller num-
ber in the several States of Missouri, Alabama, Mississippi, Arkansas, Illinois, Indi-
ana, and Michigan, which have been confirmed by Congress, by various boards of
commissioners, or by the courts, still remain undisposed of.
In Florida.—Plats of confirmed claims in Florida which have been surveyed by the
United States are on file in this office, but it is found in many instances that the sub-
sisting surveys embrace more land than was included in the confirmations.
All lands within the lines of these surveys are regarded as reserved until the claims
are finally adjudicated. Meanwhile claimants treat the whole as their private prop-
erty and make sales and conveyances. Numerous conflicts between settlers seeking
title under the public land laws, and grant claimants or their assignees, arise from
this unsettled condition. - -
It is desirable and important that sufficient provision be made by Congress for an
investigation of these surveys in the field, and for such examination and investiga-
tion of the titles and claims in other respects as may be required in the public inter-
est8.
In New Mexico, Colorado, and Arizona.-Attention is again called to the condition of
private land claims in New Mexico, Colorado, and Arizona. , Nearly thirty years have
elapsed since the passage of the act of July 22, 1854 (10 Stat., 308), providing for the
settlement of these claims through their presentation to the surveyor-general and the
submission of his reports to Congress.
About seventy claims have been confirmed by Congress. Ninety-four are pending
before that body, while an unknown number remains on the files of the surveyors-
neral.
sº claims presented under the act of 1854 (and subsequent acts, extending the pro-
visions of that act to Arizona and Colorado) are chiefly in New Mexico and Arizona,
a few only being in Colorado.
The presentation to surveyors-general of claims for confirmation, whether the same
are finally confirmed or not, operates as a statutory reservation of the land claimed,
although the situation of the land and the quantity embraced in the claims are ill-
defined and uncertain.
1156 LEGISLATION RECOMMENLED, 1883.
The existence of these undetermined and unsettled claims is a perpetual menace to
the industrial occupation of the soil. Settlements are retarded and to a large degree
practically inhibited owing to the liability that the land upon which a settlement is
made may fall within the limits of some unconfirmed and unsurveyed grant. There
is a further liability of the assertion of claims heretofore unknown. The increasing
value of land, owing to increased facilities of communication and the general settle-
ment of all the Territories, invites the assertion of such claims, and is an incentive
to the manufacture of fraudulent titles. The lapse of time favors claims of a doubtful
character, and especially favors a broad expansion of original claims. Complaints
have been made that grants have been confirmed by Congress, or surveyed and pat-
ented under Congressional confirmations, for a far greater quantity of land than is
embraced in the grants.
The inadequacy of the present system of adjustment is shown by the statement just
made that only seventy claims out of a possible thousand have been settled, while
less than one hundred more have been in any manner reported for action, and this, as
to number, is the result of thirty years' operation of the system. In other respects
the results of the system are even less satisfactory. Repeated applications have been
made for the institution of judicial º: to set aside patents already issued,
either on the ground of fraud in original titles or of a fraudulent enlargement of
boundaries. A suit is now pending for the recovery to the United States of nearly
2,000,000 acres embraced in a single confirmation by Congress upon a surveyor-
general's report. This situation illustrates a more fundamental defect in the present
system than that of mere interminable delay. It is that the machinery employed
does not admit either of that scrutiny of title or of that accuracy in the determination
of boundaries which the public safety demands. The surveyor-general is fully occu-
pied with the ordinary duties of his office. He eannot #. the time required for a
thorough investigation of these cases even if he were always qualified for the duty
and interests of such magnitude could properly be confided to the intelligence, dis-
cretion, or integrity of a single individual.
The determination of the boundaries and extent of claims rests albmost wholly with
deputy surveyors. They are only nominally officers of the United States. Actually,
they are contractors. They are not required to exercise judicial functions, and cannot
be expected to devote much of their own time to a critical investigation of boundaries
shown them by interested claimants. For several years past, and until the beginning.
of the present fiscal year, after a claim had been favorably reported by the surveyor-
general, the first step was to make what is called a “preliminary survey.” This was
not considered a finality. It did not purport to be founded upon any accurate basis.
It purported only to describe boundaries which parties interested in extending claimed
limits had pointed out. When a claim is confirmed by Congress, the confirmation
may carry the Survey as reported, and thus the merely preliminary survey becomes a
Congressional grant.
These preliminary surveys were not required to be examined by this office, but in
contemplation of law were simply transmitted to Congress as exhibits to the surveyor-
general's reports. But if they had been examined here, such examination would, of
necessity, have been a superficial one. Under the present system this office is without
#. means to judge of the substantial correctness of surveys of private land claims.
inor errors, incident to any survey, may be detected. But whether the deputy sur-
veyor found the true boundaries of the grant, or whether the monuments accepted as
being the monuments called for by the grant, were such in fact, are matters wholly
beyond the facilities of this Department to ascertain from any data furnished by the
surveyor-general's reports.
The unauthoritative character of preliminary surveys has repeatedly been stated to
Congress in my annual reports and in reports upon special cases.
An iristance has been called to my attention where the original claim was for a quan-
tity of land shown upon a plat presented to the surveyor-general as containing one
square league, or less than 5,000 acres, and described as having fixed natural boun-
daries which claimants stated were well known and easily identified. And yet, upon
the assignment of this claim to other parties a preliminary survey was obtained pur-
porting to show identically the same boundaries, but embracing an area exceeding
300,000 acres.
The title papers transmitted to Congress for its judgment upon the validity of claims
are not the originals or purported originals on file in the surveyor-general's office, but
are copies merely. It is manifestly impossible for an opinion to be formed upon the
authenticity of papers by an inspection of copies. Moreover, the organization and
duties of legislative committees do not admit of that kind of scrutiny and investiga-
tion which claims of this character should receive before a confirmation of title to
unknown quantities of land is made.
The reluctance of Congress to continue the confirmation of private land claims in
New Mexico and Arizona, in view of the difficulties and uncertainties involved in
such procedure, has been marked by its omission in late years to take action upon
such claims, and by various propositions looking to some different mode of settlement. .
EXISTING METHODS OF SALE AND DISPOSITION, 1157
I have heretofore been disposed to regard with favor the proposition of sending
these claims to the courts, but upon a more mature consideration I am satisfied that
the courts, with their present organization, would be unable to cope with the vast
volume of additional business which would be thrown upon already overcrowded
dockets. It is also doubtful if methods of judicial procedure are adequate to the
proper investigation of such claims. The evidence to be produced is generally ex:
parte. Conflicting interests are apt to be removed, or a confirmation effected, tº:
which the demands of all parties are satisfied out of a larger portion of the public
domain. Settlers having adverse claims are not usually able to pay the expenses of a
legal contest with wealthy grant claimants. The United States attorneys are occupied
with their general duties, and provision is not made by which they can be compensated
for the special and extraordinary labor that would be entailed by the proper defense of
the public interests in such suits. The appropriations for special counsel do not per-
mit the payment of fees approximate to those which experienced and able lawyers
can obtain from private claimants of great bodies of the public lands.
The examination of these claimed titles is a work of protracted and patient labor,
requiring in many cases detective experience and skill as well as legal acumen and
learning, and in all cases close and painstaking individual effort. The nature and
validity of claims being settled, questions of boundary and extent are to be deter-
mined, and such properly require investigations in the field. Usually testimony upon
these points is furnished chiefly or wholly by claimants. It is obvious that a better
knowledge of facts than can be obtained from such sources is essential to a just ad-
judication.
The old population of New Mexico and Arizona is permanent in its character. The
lands occupied and cultivated by these people for generations are well known. The
location of original claims in their neighborhood is ascertainable. I believe it possi-
ble, through a personal examination of monuments and boundaries by responsible
officers of the Government, and by taking testimony in the neighborhood, to estab-
lish the limits of grants with a greater degree of accuracy than has yet been attained
or that can be attained in any other manner.
My best conclusion is that a commission should be appointed for each of the Terri-
tories named, the duties of which should embrace a thorough examination and investi-
gation of the foundations of all alleged private land claims in these Territories, to-
ether with an actual investigation of boundaries and limits, and that all claims
Jefore Congress or this office, as well as those depending before the surveyors-gen-
eral, should be remanded to such commission for examination and decision with
proper appeal for review upon error of law.
Much care would be requisite in framing such measure, which should not, I think,
invest the commissioners with so great or irresponsible powers of confirmation as given
to previous boards, but should require as preliminary to any result the most thorough
research and exhaustive practical investigation.
The obligations of treaty stipulations are apt to be magnified into a recognition of
property rights that had no existence under Spanish or Mexican law, and into the
support of speculative schemes to dispossess the United States of its own property.
The time has come when, in my opinion, the rights and interests of the United States
should be faithfully and vigorously defended against unjustifiable assaults under
cover of pretended foreign titles.
I further deem it a matter of great importance that the time within which claims
not heretofore presented to surveyors-general may be filed before any tribunal should
be limited to a brief period, and that all claims not presented within such period
should be definitely barred.
In view of the great length of time that has already been allowed for this purpose,
I think that further time should be limited to two years.
EXISTING METHODS OF SALE AND DISPOSITION OF PUBLIC LANDS.
TO DECEMBER 1, 1883.
[See Chapter XXXII, pages 411 to 415.]
CIRCULARS, METHODS OF PROCEDURE, AND REGULATIONS.
IN EFFECT DECEMBER 1, 1883.
The circulars, regulations, and details of procedure to acquire title to the public
lands under the several laws as set out in the “addenda,” from pages 517 to —
herein, and noted as “In effect June 30, 1883,” are in effect December 31, 1883, with
slight modifications, resulting from departmental and court rulings, which cannot be
obtained in time for insertion here.
1158 PUBLIC LANDS—WHICH ARE, AND ENTRY OF.
REFERENCES.
For decisions as to existing laws see the several chapters herein; also, “The existing
laws of the United States of a general and permanent character relating to the public
domain to December 1, 1880”; Public Land Commission, 1880, Ex. Doc. 47, Part I,
Forty-sixth Congress, third session. See also “Decisions of the Department of the
Interior and General Land Office, in cases relating to lands and land claims from July,
1881, to June, 1883”; also, see annual reports of Commissioner of General Land Office
for the years 1880, 1881, 1882, and 1883—and regulations issued by that office.
THE PUBLIC LANDS OF THE tºtates, WHICH ARE, AND LOCA-
N OF.
THE NATIONAL DOMAIN.
The national domain is the whole area, land and water, lying within the national
boundaries known as the United States. (See pages 1 to 10 herein.)
THE PUBLIC DOMAIN, OR PUBLIC LANDS.
The public domain, or public lands—the property of the nation, and subject to leg-
islative control and disposition by Congress alone—is the area known as public lands
acquired by treaty, capture, cession by States, conquest, or other acquisition and pur-
chase, and lying and being in the States and Territories below enumerated. (See also
pages 10 to 29 herein.) The fact of the nation owning land within any of the other
States not enumerated below does not make them “public lands”; such lands, used
for forts, arsenals, dock-yards, post-offices, court-houses, hospitals, or any other pur-
pose of government, are not public lands or domain.
NAMES OF PUBLIC LAND STATES AND TERRITORIES.
The public lands are included only within the States of Alabama, Arkansas, Cali-
fornia, Colorado, Florida, Illinois, Indiana, Iowa, Kansas, Louisiana, Michigan, Min-
nesota, Mississippi, Missouri, Nebraska, Nevada, Ohio, Oregon, Wisconsin, and the
Territories of Arizona, Dakota, Idaho, Montana, New Mexico, Utah, Washington, and
Wyoming, and the “Public Land Strip.” Alaska, although public domain, has not as
yet had the land laws extended over it by Congress. These States and Territories,
with the exception of Ohio, Indiana, Illinois,” the “Land strip”, and Alaska, are di-
vided into land districts, in each of which there is a land office established by law,
with a register and a receiver in attendance for the sale or other disposal of the pub-
lic lands therein. (See sections 2234 to 2247 of the Revised Statutes of the United
States; also list of land offices on page 554.) Information regarding public lands may
be obtained at these offices.
PUBLIC LANDS—TITLE TO, How ACQUIRED.
- DECEMBER, 1, 1883.
(Reference.)
The text on pages 411 to 415 is still in effect, December 1, 1883. The details as to
who can enter, and qualifications, and the tables of fees, are the law, December 1, 1883.
WHO MAY ENTER PUBLIC LANDS.
A single man, a married man, a single woman, or a married woman, if (legally) the
head of a family, citizens of the United States, or have declared their intentions to
become such, can have the benefits of the several settlement laws.
The American citizen (male or female) must be over twenty-one years of age before
he or she can have the benefits of the settlement laws, but the foreigner can have these
benefits the moment after he files his or her declaration of intention to become a citizen.
THREE HUNDRED AND TWENTY ACRES [IN THEORY] THE UNIT OF PUBLIC LAND AC-
QUIREMENT BY ANY ONE PERSON.
Under the homestead act a person can acquire 160 acres by settlement and resi-
dence; under the pre-emption act 160 acres by settlement and purchase, or 320 acres.
This was intended to be the limit of acquirement by any one person of public lands,
but—
*No land offices in Ohio, Indiana, or Illinois. Any Government lands therein are entered on applica-
tion at the General Land Office, Washington, D. C
CASH ENTRY OF PUBLIC LANDS. 1159
In fact, under the existing laws, a person can legally acquire eleven hundred and
twenty acres, viz:
Acres.
Under the homestead act---------------------------------------------------- 160
Under the pre-emption act -------------------------------------------------- 160
Under the timber-culture act ------------------------------------------------ 160
Under the desert-land act. --------------------------------------------------- 640
* = a, as as s = e º sº sº, sº as º ºs º ºs ºs e º as sº as ºn as as as sº sº sº sº sº º sº me s = sº e = * * * * * * * * * * * * * * * * * * * * * * * * * 1,120
METHODS OF ACQUIRING TITLE.
Title may be acquired by sale at auction, private entry or location, cash pur-
chase, or entry under the several settlement and disposition laws by persons, associa-
tions, or corporations. -
BY PURCHASE AT PUBLIC SALE.
This may be done where the lands are “offered” at public auction to the highest
bidder, either pursuant to proclamation by the President or public notice given in
accordance with directions from the General Land Office.
BY ‘‘PRIVATE ENTRY” QR LOCATION.
The lands liable to disposal in this manner are those which have been offered at
public sale, which were not then sold, and which have not since been reserved or other-
wise withdrawn from market. The area of such lands is small in the West, but almost
the whole of the surveyed agricultural and other public lands lying in Alabama,
Mississippi, Florida, Arkansas, and Louisiana can be purchased under the act of June
22, 1876. For details as to how public lands are proclaimed and offered, and how ren-
dered subject to private sale or entry, see pages 206 and 207 herein. In this class of
offered and unreserved public lands the following steps must be taken to acquire title:
METHOD OF PRIVATE (CASH) ENTRY OR PURCHASE.
CASH PURCHASE.
The applicant will first present a written application to the register for the district
in which the land desired is situated, describing the tract he wishes to purchase,
giving its area, form [No. 4-001.]
[No. 4–001.]
Cash application.
No. —. LAND OFFICE, AT }
- (Date) , 18—.
I, , of — county, -, do hereby apply to purchase the –— of section
—, in township —, of range —, containing — acres, according to the returns
of the surveyor general, for which I have agreed with the register to give at the rate
of — per acre.
y , register of the land office at ——, do hereby certify that the iot
above described contains — acres, as mentioned above, and that the price agreed:
upon is — per acre. -
, Register.
Thereupon the register, if the tract is vacant, will so certify (see bottom of blank.
above) to the receiver, stating the price, and the applicant must then pay the amount.
of the purchase money. &
RECEIVER'S RECEIPT.
The receiver will then issue his receipt for the money paid, in duplicate, giving to
the purchaser a duplicate receipt, form No. [4–131.]
[No. 4–131.]
RECEIVER'S CASBI RECEIPT.
(Issued in duplicate, one for the files.)
No. —. RECEIVER'S OFFICE AT J.
(Date) , 18—.
Received from , of — county, —, the sum of — dollars and –
cents, being in full for the – quarter of section No. —, in township No. —, of
range No. —, containing — acres and — hundredths, at $– per *.
€ceiver.
The register will then issue his certificate of purchase, form [No. 4-189."
1160 LOCATION WITH WARRANTS AND SCRIP.
JREGISTER'S CASH CERTIFICATE.
(Issued in duplicate, one for the files, one for purchaser.)
On this patent is issued.
[No. 4–189.]
CASH CERTIFICATE.
No. —. - LAND OFFICE AT y
It is hereby certified that, in pursuance of law, - , of — county, State
of −, on this day purchased of the register of this office the lot or — of section
No. —, in township No. —, of range No.—, containing — acres, at the rate
of − dollars and — cents per acre, amounting to — dollars and — cents, for
which the said ha— made payment in full as required by law.
. Now, therefore, be it known, that on presentation of this certificate to the Commis-
sioner of the General Land Office, the said shall be entitled to receive a
patent for the lot above described. -
, Register.
At the close of the month the register and receiver will make returns of the sale to
the General Land Office, from which, when the proceedings are found regular, a
patent or complete title will be issued; and on surrender of the duplicate receipt such
§ will be delivered, at the option of the patentee, either by the Commissioner at
ashington or by the register at the district land office.
LOCATIONS WITH WARRANTS,
(See pages 712 herein, 715, and 721 et seq.)
Application must be made as in cash cases, forms as above, but must be accompa-
nied by a warrant duly assigned as the consideration for the land; yet where the tract
is $2.50 per acre, the party, in addition to the surrendered warrant, must pay in cash
$1.25 per acre, as the warrant is in satisfaction of only so many acres at $1.25 per acre,
or furnish a warrant of such denomination as will, at the legal value of $1.25 per
acre, cover the rated price of the land. For example: A tract of 40 acres of land,
held at $2.50 per acre, can be paid for with a warrant calling for 40 acres and the pay-
ment of $50 in cash, or by surrendering an eighty-acre warrant for the same—the 40
acres to be in full satisfaction for the said location; or a tract of 80 acres, rated at
$2.50 per acre, can be paid for by the surrender of two eighty-acre warrants. If there
is a small excess in the area of the tract over the quantity called for on the face of
the warrant in any case, such excess may be paid for in money.
A duplicate certificate of location will then be furnished the party, to be held until
the patent is delivered, as in cases of cash sales. -
For fees chargeable by the land officers, and the several amounts to be paid at the
time of location, see page 716.
NO LAND BOUNTIICS GIVEN BY CONGRESS TO UNION SOLDIERS OR SAILORS IN THE
WAR OF THE REBELLION.
By warrants is meant certain warrants issued under the act of Congress of March
3, 1855, and previous acts, giving public land as a bounty for military services ren-
dered prior to the passage of the acts in former wars of the republic. The bounties
given by law for military services in the late war, 1861 to 1865, were not given in
land, but in money. The only privileges granted to soldiers and sailors on account
of military services rendered by them during the late war, in connection with the
public lands, are provided for in sections 2304 to 2309 of the Revised Statutes, allow-
ing homestead entries to be made by them on condition of residence on the entered
tracts, with cultivation of the soil, for a prescribed period.
AGRICULTURAL-COLLEGE SCRIP.
Application will be made as in cash cases. Same forms are used. Can be used as
cash in private entry. For details see page 711.
CLOSE OF CASES AND PATENTS.
In all cases of cash entry, or location (or any other class of location or entry of
ublic lands), the papers will be forwarded at end of the current month to the General
and Office at Washington for examination and approval. If all is found regular, a
patent or title will be given.
CLASSIFICATION AND DISTRIBUTION OF PUBLIC LANDS. 1161
PATENTS.
When patents are ready for delivery, they will in all cases be transmitted to the
local office at which the location or entry was made, where they can be obtained by
the party entitled thereto, upon surrender of the duplicate receipt or eertificate, as the
case may be, unless the duplicate shall have been previously filed in the General Land
Office with a request that the patent be delivered as requested by the person sending the
same ; and in no case will the patent be delivered either from the general or the local
office except upon receipt of such duplicate, or, in case of its loss from any cause, upon
the filing in lieu of the same of an affidavit made by the present bona fide owner of the
land, accounting for the loss of the same, and also showing ownership of the tracts
or a portion thereof embraced in the patent.
In case the duplicate has been duly assigned by the locator, by a valid transfer in
accordance with the laws governing transfers of realty in the State where the land
is situated, such assignment will be recognized by the General Land Office and patent
issued accordingly, provided the duplicate with the assignment thereon shall be filed
in that office prior to the issuing of patent; but in no case will a patent be canceled
for the purpose of making a reissue in the name of the assignee, where such assignment
is not in possession of the General Land Office prior to date of the patent. Transfers
of this kind must in all cases comply strictly with the law of the place, and if the
assignor be a married man, and the statute requires the wife to join in the deed, it
must be complied with, and in case of failure in this or other vital point the patent
will follow strictly there cital of the certificate and issue only in the name of the orig-
inal purchaser.
CLASSIFICATION AND METHOD–DISPOSITION OF PUBLIC LANDS.
DECEMBER 1, 1883.
No change in method or manner of disposition of the public lands or classification
of them has taken place to December 1, 1883, except in the matter of the public lands
in the State of Alabama, where a radical departure from existing laws and methods
has taken place in the disposition of mineral lands, copper, coal, or iron, the property
of the nation. -
The act of March 3, 1883, given in full on page 980 herein, related to these lands.
An enormous area of public lands, agricultural (in most instances) on the surface,
containing valuable mineral deposits, coal and iron (which in most of the other land
States are guarded by the law and land department with scrupulous care), and valued
at millions of dollars, was, by the terms of this act, thrown into open market, after
public offering, to be sold at private sale, in unlimited quantities, at $1.25 per acre.
The law in its title and upon its face does not convey its full force and effect.
If this policy is to be followed in the future in the legislation of Congress in rela-
tion to the mineral lands, gold, silver, copper, iron, and coal, in the remaining public-
land States and Territories, the present seven grades of public lands, necessarily
differing in value by reason of actual value, will be materially changed.
CLASSIFICATION.—GRADES OF PUBLIC LANDS.
Mineral.—“In all cases “lands valuable for minerals' shall be reserved from sale,
except as otherwise expressly directed by law.” (Section 2318, R. S.) Sold at from
$2.50 to $5 per acre, except in Alabama, where they are sold for $1.25 per acre, either
gold, silver, or iron lands.
Timber and stone—Lands valuable chiefly for timber and stone, unfit for cultivation.
Sold at $2.50 per acre, except in Alabama, where offered lands are sold for $1.25 per
3,CTé.
Saline.—Salt springs, sold at agricultural price, $1.25 per acre.
Town-site lands.-Sold at agricultural price, $1.25 per acre.
I)esert.—Sold at $1.25 per acre.
Coal lands.—In all land States and Territories these lands are sold at $10 per acre
when situated “more than 15 miles from any completed railroad, and $20 per acre
when situated within 15 miles of a completed railroad, in limited quantities,” except
in the State of Alabama, where coal lands, public domain, under the existing law
specially applicable to that State, can be purchased at private entry by any person or
persons, in unlimited quantities, at $1.25 an acre.
Agricultural lands.--In all land States and Territories, at $1.25 per acre.
1162 SETTLEMENT AND DISPOSITION LAWS.
THE SEVERAL SETTLEMENT AND DISPOSITION LAWS.
DECEMBER 1, 1883.
The data on pages 411 to 415 is correct to December 1, 1883, with the addition of
a glass of entries known as the timber-culture entries. (See chapter XXIX, pages
360 to 362, and also page 1088 herein.
THE TIMBER-CULTURE LAW.
Under this law an applicant, male or female, head of a family, citizens of the United
States, or those who have declared their intention to become such, can apply at any
United States district land office and enter one quarter section (160 acres), of public
lands, not mineral or otherwise reserved, as a timber-culture claim. Residence on the
land is not requisite. . Claimant need not make his affidavit for entry at the district
land office. Fees are $14 at time of entry of a quarter-section tract and $9 for the
entry of an 80-acre tract. For an exhibit of the method of entry under this law, see
#. 1091 herein, and also Mr. Commissioner McFarland's statement of the abuses
under this system, pages 682,.683, and page 1164.
GREAT NUMBER OF EXISTING LAWS FOR SETTLEMENT AND DISPOSITION.
For the purpose of giving an idea of the complex and difficult public land system,
the several settlement and disposition laws are detailed at length as in force and effect
December 1, 1883. Persons, associations, or corporations can acquire title under these.
The methods of locating military and naval land bounty warrants, agricultural
college or other scrip, is also noted. Educational and railroad grants are not noted,
as the gross area of these is fixed by law. In the matter of railroad grants the segre-
gation ºf the lands decreases rather than increases the area of lands stated as being
granted.
THE SETTLEMENT LAWS.
DECEMBER 1, 1883.
BY PERSONS.
Pre-emption acts 1841 and sections 2257 to 2288 Revised Statutes United States.
See pages 685 to 688 herein. For forms used in entry, see page 688 and following.
Homestead. Original act of May 20, 1862. See page 1022 and following. For
forms used in entry, see page 1031 and following.
Homestead. Adjoining farms. Section 229 Revised Statutes United States. See
pages 1022, 1027. For forms used in entry, see page 1040.
Homestead additional act, March 3, 1879. See pages 1022, 1028. For forms used
in entry, see page 1044.
Soldiers' and sailors' homestead act of June 8, 1872. See pages 1022, 1029, 1030. For
forms used in entry, see page 1042.
Soldiers' and sailors' additional homestead act of June 8, 1872. See pages 1022, 1030.
For forms used in entry, see page 1045.
Indian homestead act, March 3, 1875. See pages 1022 and 1031. For forms used in
entry, see page 1045.
Desert-land act of March 3, 1877. See page 1103 to 1111. For forms used in entry,
see page 1106.
Donation act, New Mexico, July 22, 1859. See page 969. Special forms used, only
applicable to New Mexico.
THE DISPOSITION LAWS.
DECEMBER 1, 1883.
Cash, pre-emptor's private entry or purchase. For forms, see pages 1159 to 1160.
Timber-culture act. For forms see pages 1093 to 1103.
Stone and timber act. For forms, see pages 1086 to 1088.
Coal-land law of March 3, 1866. For form, see page 967.
Town-site and county-seat acts. See page 970.
Mineral-land laws. Acts of July 9 and 26, 1866, July 9, 1870, and May 10, 1872, and
amendments. See page 978. For forms and procedure in entry, see page 1012.
Saline lands, act of July 12, 1877. See page 696.
Swamp and overflowed lands, page 676. For forms and procedure, see page 698.
Private land claims. For history of and details as to, see pages 365 to 410, and
ages 1111 to 1157. A constant drain on the public lands; guarded by no adequate
#. as to limitation of time of filing. -

CHANGES IN ExISTING LAWS RECOMMENDED, 1883. 1163
LOCATION WITH WARRANTS AND SCRIP.
For methods of location with bounty-land warrants, see pages 711 and 715. These
are located upon any vacant public lands subject to sale at private entry, or as cash
in pre-emption or commuted homesteads—the last on offered or unoffered lands. Ag-
ricultural-college scrip, as above, with restrictions as to quantity locatable in town-
ship, and in any one State, see pages 710,711. Scrip (see pages 289,290, and 949 and
following) can be used as cash in paying for cash, pre-emption, or commuted home-
stead entries the same as military and bounty-land warrants and Scrip.
CHANGES NECESSARY IN EXISTING LAWS.
The following recommendations for changes and amendments made by the Com-
missioner of the General Land Office in his report for 1883 are given in full, together
with references to recommendations of former years. This officer is charged by law
with the care and custody of the public lands. His recommendations are the result
of experience and investigation. The present laws, as detailed in the first part of
this chapter, do not meet the requirements of the nation or the wants of the settler.
Prompt and immediate legislation is necessary to preserve the remaining public lands
and to so dispose of them that they will benefit actual settlers and persons desiring to
found homes.
RECOMMENDATIONS OF THE COMMISSIONER OF THE GENERAL LAND
OFFICE, 1883. º
THE PRE-EMPTION LAW.
The general disproportion running through terms of years between the number of
claims initiated and the number perfected, and the volume of relinquishments of such
claims which are apparently purchased by bona fide entrymen or others, satisfy me
that pre-emption filings are made, or procured to be made, to a great extent, for specu-
lative purposes, and with no intention on the part of the person in whose name the
filing is made to perfect the entry, or in any manner to comply with the law.
REPEAL OF THE PRE-EMPTION LAW,
[See pages 678 to 682.]
In my last annual report I renewed the recommendation, frequently made by my
predecessors, that the pre-emption law be repealed. Continued experience demon-
strates the advisability and necessity of such repeal. The objection that much good
has heretofore resulted from the pre-emption system, and that it should not be discon-
tinued because abused, appears to me without good foundation under the changed
conditions created by the homestead law.
Before the homestead system was adopted the only method by which unoffered
public lands could be obtained by settlers was by pre-emption. All the advantages
of the pre-emption system are now embraced in the homestead laws. The same lands
can be entered upon the same conditions and proofs and the payment of the same
price under the homestead law as under the pre-emption law. We have simply a
double system for the same purpose, employing two sets of machinery, two agencies
of adjustment, and a duplication of records, when only one is required. The admin-
istration of the law would be simplified and the labor and expense lessened by a dis-
continuance of the now unnecessary system of pre-emption. t
THE HOMESTEAD LAWS—SOLDIERS' HOMESTEAD DECLARATORY STATEMENTS.
[See pages 679 to 683.]
These declarations are in the nature of pre-emption filings. The present laws author-
ize their presentation by agent or attorney. Advantage is taken of this provision to
obtain the authorization of soldiers to make filings which are used for speculative
purposes by the agent or attorney. The soldier receives no benefit in such cases, but
generally pays a fee which he is given to understand will procure for him 160 acres
of land that he can sell without going upon it or even seeing it. I have made special
effort to check the spread of this fraud upon soldiers of the country and upon the
public land laws.
1164 CHANGES IN ExISTING LAWS RECOMMENDED, 1883.
AMENDMENT OF THE HOMESTEAD LAWS.
The present laws and regulations permit settlers on unsurveyed lands, who have
maintained a residence of five years, to make entry and give notice of final proof
simultaneously after survey.
Parties who desire to obtain large quantities of land employ men to make entries
on newly surveyed land, alleging residence long anterior to the survey. Notice of
intention to make proof in thirty days is published, affidavits filed, final certificates
issued, and the land patented before an opportunity is had to develop the facts and
prevent the consummation of the illegal entry. Special agents report valuable lands
in whole ranges of townships in certain districts to have been entered in this manner,
when the land shows no evidence of settlement at any time, but is held as portions of
large estates. - -
otice to the world of claims to public land is a fundamental principle of the land
laws. Thirty days’ publication, which is frequently made in a distant or obscure
newspaper, is insufficient notice for any practical purpose, especially when no entry
has previously been recorded.
I think it important that provision be made by statute, fixing a period of not less
than six months after a settlement claim has been placed on record before final proof
shall be admitted, irrespective of alleged time of residence prior to entry.
COMMUTED HOMESTEADS.
The commutation feature of the homestead law is open to the same abuses as the
pre-emption law. The alleged commutation settler is frequently a person employed
at so much a month to sign entry papers and hold the claim long enough to enable
his employer to secure title by commutation.
This system of illegal appropriation, which is especially made use of in obtaining
title to lands of selected value and in large quantities, could be materially checked
by an extension of the time within which a homestead entry may be commuted. The
actual settler does not usually prefer to pay for his land when by continuing his resi-
dence upon it he can obtain title without price. It would be no hardship to require
a period of residence sufficient to prevent the present easy evasion of the law. No
time is fixed by statute as a condition of residence before commutation, but the same
proof and payment may be made as in pre-emption cases. In these cases the regula-
tions of this office require as a general rule that residence of six months shall be
shown, and the same rule is, under the law, applied in commuted homestead cases.
I deem it a matter not less important than the repeal of the pre-emption law that
the homestead laws should be amended so as to require proof of actual residence and
improvement for a period of not less than two years before a homestead entry may be
commuted by cash payment.
REPEAL OF THE TIMBER-CULTURE LAW.
[See pages 681, 683, and 1088.]
In my last annual report I called attention to the abuses flowing from the operations
of this act. Continued experience has demonstrated that these abuses are inherent
in the law, and beyond the reach of administrative methods for their correction.
Settlement on the land is not required. Even residence within the State or Territory
in which the land is situated is not a condition to an entry. A mere entry of record
holds the land for one year without the performance of any act of cultivation. The
meager act of breaking five acres, which can be done at the close of the year as well
as at the beginning, holds the land for the second year. Comparatively trivial acts
hold it for a third year. During these periods relinquishments of the entries are sold
to homestead or other settlers at such price as the land may command.
My information leads me to the conclusion that a majority of entries under the
timber-culture act are made for speculative purposes and not for the cultivation of
timber. Compliance with law in these cases is a mere pretence and does not result
in the production of timber. On the contrary, as one entry in a section exhausts the
timber-culture right in that section, it follows that every fraudulent entry prevents
a bona fide one on any portion of the section within which the fraudulent entry is
made. My information is that no trees are to be seen over vast regions of country
where timber-culture entries have been most numerous.
Again, under the operation of the pre-emption, homestead, and timber-culture laws,
any one person may enter 160 acres in each class of entry, making a total of 480 acres
which may be taken by one person. The power to acquire that quantity of public
Hand by single individuals, while so many of the citizens of the country are landless,
CHANGES IN EXISTING LAWS RECOMMENDED, 1888. 1165
is contrary to the general spirit of the public land laws, and, I think, not in conso-
nance with approved public policy.
This objection would hold to the timber-culture act if the law was generally complied
with in good faith, or if its provisions requiring the planting and cultivation of timber
were capable of enforcement. I am convinced that the public interests will be served
by a total repeal of the law, and I recommend such repeal.
DESERT-LAND ACT.
[See pages 684 and 1104.]
The desert-land act provides that proof of reclamation and final payment shall be
made within three years from date of entry. A large number of cases is on the files
of this office in which the time has passed and proof has not been made as required. At
the expiration of the three years the parties were called upon to show cause why
their entries should not be canceled. Such showing was made in but few instances.
With a view to saving the equities of those who may have attempted in good faith to
reclaim the lands entered, but may have been prevented from so doing by the great
expense of obtaining water, or other good cause, it has been determined, with your
concurrence, to make another call, and give to entrymen a further opportunity to make
proof or to show cause for failure.
It has been represented that desert-land entries have largely been made for specu-
lative purposes, in violation of the restrictions of the act, and in many instances upon
lands naturally productive, and that lands are held fraudulently under the entry
without attempt or intention of reclamation, but are occupied or leased for grazing
and other purposes. Investigations so far made of alleged illegal entry under the
desert-land act tend to confirm these allegations. . .
The theory of the desert-land law is, that the encouragement of irrigation re-
quired the disposal of land in larger quantities than 160 acres. This theory has not
been sustained, as general systems of irrigation are adopted for the distribution of
water, which are equally as available to the owners of small tracts as of large ones.
The practical operation of the desert-land law has heretofore been to enable land to
be purchased without settlement, and in quantities in excess of the limit established
by the settlement laws, thus resulting in the encouragement of monopoly rather than
the encouragement of reclamation.
TIMBER AND STONE ACT.
[See pages 684, aiº 1046 to 1086.]
T This law applies to the States of California, Oregon, and Nevada, and Washington
erritory.
It is Pondition of this act that the land shall be valuable chiefly for timber, but
unfit for cultivation. Entries are restricted to 160 acres for any one person or associ-
ation of persons.
The restrictions and limitations of the act are flagrantly violated. Information is
in my possession that much of the most valuable timber land remaining in the pos-
session of the Government on the Pacific coast is being taken up by home and foreign
tºº. and capitalists through the medium of entries made by persons hired for
at purpose.
I have found it necessary to suspend all entries of this class and to direct an investi-
gation in the field with a view to the procurement of evidence in specific cases to au-
thorize the cancellation of illegal entries and the prosecution of guilty parties.
TIMBER LANDS.
[See pages 1049, 1081.]
The rapid decrease in the timber areas of the country invites attention to present
methods of appropriation of public timber lands, and suggests the expediency of
some modification of the laws by which remaining forests may be better preserved, or
a more adequate revenue derived from their sale.
The present and increasing value of timber is an inducement to individuals and
companies to make large investments with a view to the control of the timber pro-
duct, and the further enhancement of prices resulting from such control. The facilit
with which the restrictions of the public land laws are evaded is a temptation to the
illegal acquirement of titlg for the purpose of such investments.
It would, perhaps, be of little moment how soon the public title to lands should
pass to private holders, since that is the ultimate purpose of the laws, if the further
1166 CHANGES IN ExISTING LAWS RECOMMENDED, 1883.
purpose of the laws that public lands should in the original instance be widely distrib-
uted among the people could also be secured. But if this cannot be done, and the
Systems of public disposal are to result, as they now do, in permitting capitalists to
indirectly obtain great bodies of public land, it is certainly but provident for the
United States to require a price to be paid for its timber lands somewhat commensu-
rate to their value. wº
Several propositions have been presented in Congress loeking to a change in the
methods of disposing of lands valuable chiefly for timber. The subject is one of dif-
ficulty, and it is important that the wisest action be taken. I am of opinion that
such lands should be reserved by law from ordinary disposal, and sold only after ap-
praisement and upon sealed bids, at not less than the appraised price. It would be
proper that an act to such effect should not deprive settlers on the public lands cf the
right to take timber for domestic purposes or the support of their improvements.
SWAMP LANDS INDEMINITY.
[See page 696 )
The act of March, 1855, extended to March 3, 1857, confirmed all swamp selections
previously made, whether or not properly so made, for lands intended to be granted
and also provided indemnity in lands or money for tracts disposed of by the Unite
States subsequent to the swamp-land grant and prior to March 3, 1857, which should
be found to have been swampy in character at the date of the swamp-land act.
The effect of the indemnity provision has been to incite claims by States or their
agents or assigns for land or cash indemnity for a large quantity of the public land
disposed of under general laws between 1850 and 1857 in the swamp-grant States.
The validity of these claims is in many cases of a questionable character, and the
allowance of them is a considerable and constant draft upon the Treasury. I have
been compelled to reject probably the larger portions of the selections presented. . If
the State agents would exercise more discrimination in presenting cases much labor
would be saved. The appropriation available for the examination of claims for swamp
lands and swamp indemnity has permitted the employment during the year of but
four special agents for this important service. The Southern States, to which the
swamp grant in part applies, are urging the adjustment of their claims, and much pro-
gress has been made during the past year in their settlement. A portion of the force
of the swamp division has been engaged in perfecting the records of the office, and
preparing indexes, a fact not elsewhere referred to in this report.
RELINQUISHMENTºof LAND ENTRIES.
[See page 683.]
The first section of the act of May 14, 1880 (21 Stat., 140), provides that when a re-
linquishment of any pre-emption, homestead, or timber-culture claim is filed in the
local land office the land covered by such claim shall immediately become subject to
entry by any other person, without awaiting the formal bancellation by this office of
the relinquished entry. - -
The effect of this statute is to invite speculative entries for the purpose of selling
relinquishments. The practical result is that when a new township is surveyed large
portions of the land are at once covered with filings and entries, relinquishments of
which are then offered for sale like stocks in tho market. To such an extent is this
proceeding carried that it is becoming difficult for an actual settler to obtain access to
a quarter-section of public land in desirable agricultural localities without buying off
a pretended claim that has no foundation other than the facility added by this statute
for ºng and relinquishing it. The section facilitates this practice, and should be
repealed.
FORFEITURE OF RAILROAD LAND GRANTS.
[See pages 788 to 933, and Chapter XXXVI.]
[See pages 1264,1265.]
The question of declaring a forfeiture of the railroad land grants hereinafter noted
or of any of them, is deemed an appropriate one for legislative consideration.
The time fixed in the granting acts for the completion of these roads expired in some
instances in 1866, and in other cases at later periods down to 1882.
In the absence of Congressional action, lands have been certified or patented accord-
ingly as roads have been constructed whether within or out of the time prescribed.
Your immediate predecessor (Secretary of the Interior) suspended this practice prior
to the meeting of Congressin December, 1880, but as no legislative action was taken
RECOMMENDATIONS AS TO SURVEYS, 1883. 1167
you (the Secretary of the Interior) have held that under the decision of the Supreme
Court of the United States you (the Secretary of the Interior) had no right to declare a
forfeiture or to further suspend the issue of patents for lands along the constructed
portions of roads even if the same had not been built within the prescribed time. The
remaining lands are continued in the reservations established by law or under with-
drawals made for the protection of the grants. Meanwhile settlers have entered upon
some of these lands and are anxious to know whether they must look to the railroad
companies or to the United States for their titles. The public demand for a definite
settlement of the question whether a forfeiture is to be enforced in any of these cases
is constantly pressed upon my attention. I consider it of very great importance that
the earliest possible action should be taken either to revive the grants or to declare
them forfeited. If it be the judgment of Congress that the grants should be revived,
Congress may unquestionably prescribe the conditions of such revival; and if such
action should be taken I suggest that all actual settlers on the land be saved and se-
cured in their rights and claims to land embraced in their settlements and improve-
ments at the date of any such revival of the railroad grant.
SURVEYS.
[See page 567.]
DESTRUCTION of Monuments.
The frequent removal or destruction of corners marking the public surveys renders it
necessary for me to call attention to the absence of any statute bearing upon the mat-
ter in cases where the surveys have been completed.
The protection of these monuments is of great importance both to settlers and the
Government, and I recommend the passage of an act by Congress making the willful
removal or destruction of monuments or corners of public surveys an offense, and pro-
viding proper penalties therefor.
FALSE AND FRAUDULENT SURVEYS.
Under existing laws deputy surveyors are liable on their bonds for the execution of
false or fraudulent surveys, and are also liable to the penalties of perjury for falsely taking
and subscribing an oath that surveys have been faithfully and correctly made. These
penalties are ineffective to prevent gross frauds in the surveying service. Recoveries
upon bonds are rarely possible, and the difficulty in obtaining convictions for perjury
in general cases is well known.
I am of the opinion that punishment by fine and imprisonment for making false and
fraudulent returns of public surveys is a matter of necessity for the better protection
of the public interests, and I recommend the passage of an act to that effect.
RESURVEYs.
It often becomes necessary to resurvey townships which have been erroneously sur-
veyed, or where the corners marking the surveys have become obliterated. The annual
appropriations for the surveying service are not deemed applicable to such resurveys.
Frequent applications are also made for the survey of beds of meandered lakes, sloughs,
and ponds, and for the extension of surveys over tracts omitted from survey for some
cause in the progress of the general survey of townships. It was formerly the practice
to survey and dispose of tracts falling within the above-named classes and which were
considered public land of the United States, but owing to the difficulty of determining
questions of title, and doubt as to the authority for making surveys under current ap-
propriations, such practice was discontinued by my immediate predecessor, and I
have not felt authorized to renew it without legislative sanction.
There are many cases of this character in which, for the purpose of adjudicating the
swamp grant to States, or other administrative purposes, it is the duty of this office
to determine questions involved, and to this end an examination of the land, and its
survey, become necessary. -
I recommend that authority be given the Commissioner of the General Land Office
for the resurvey of townships erroneously surveyed, or where corners have become ob-
literated, and for the examination and survey of the beds of meandered lakes, sloughs,
and ponºls, and for tracts omitted from previous surveys; such surveys or resurveys to
be made under general appropriations or the individual deposit system.
PUBLIC LAND STRIP.
[See also pages 462 and 1187.]
The boundaries of the tract of unorganized territory south of the Kansas and Colo-
rado State lines, and between the Indian Territory and New Mexico, have been estab-
lished and exterior township lines surveyed. Subdivisional township surveys yet re-
main to be made.
1168 UNLAWFUL OCCUPATION OF THE PUBLIC LANDs, 1ssg-5.
Settlers are commencing to enter this territory, and means should be provided by
which they may be enabled to secure titles under the public land laws and also to
be protected in person and property by the laws of the land. The territory is not at
present attached to any judicial district. In my last annual report I recommended
that it be attached to the surveying district of New Mexico for the purpose of subdi-
Visional township surveys and the disposal of the land. The land is, however, nearer
the recently established Southwestern land district in the State of Kansas, and it
Would be more convenient for settlers to make their entries at Garden City, in that
district, than at the Santa Fé land office in New Mexico. I recommend, therefore, the
attachment of this public land strip to the Southwestern land district in Kansas, and,
as there is no surveyor-general in Kansas, I also recommend that authority be given
the Secretary of the Interior to cause the subdivisional surveys to be made under the
general appropriation for the surveying service.
UNLAWFUL OCCUPATION OF THE PUBLIC LANDS.
[See page 539.]
DIFFICULTY OF OBTAINING PROPER LAND LEGISLATION.
It is almost impossible to obtain remedial legislation in the matter of public lands;
as an illustration, see pages 678 to 675, herein, where details are given of attempts to
repeal the pre-emption laws and amend the homestead and timber-culture acts. The
Commissioner of the General Land Office, in his annual report for 1882, makes the fol-
lowing suggestions in regard to the-
UNLAWFUL OCCUPATION OF THE PUBLIC LANDS.
The illegal inclosure of the public lands in certain States and Territories, and the
exclusive occupation of large tracts by private parties to the deprivation of the rights
of others and the impediment of settlement and intercourse, have become matters of
serious complaint.
A usual method of proceeding is that title is legitimately or otherwise obtained to
the streams or water rights, and then the surrounding country, frequently for many
miles in extent, is inclosed with fences, and all citizens warned off and their stock
driven away. -
In other cases the public lands are inclosed in this manner where no pretext of own-
ership or of legal claim to any part of the land exists. The usual routes of travel are
also cut off by these inclosures, and the inhabitants of the country are in many in-
stances compelled to go a great way around or to tear down the fences, thus incurring
the risk of disturbance and perhaps bloodshed. -
Letters received at this office from many persons, and *. made by officers and
agents of this Department, disclose the fact that unlawful proceedings of this char-
acter are carried on to a great extent, and future serious trouble is apprehended be-
iºn settlers and residents and the “cow boys,” as employés of the stockmen are
ed.
It appears also that in some cases State laws have provided for a nominal tax upon
“possessory rights,” the effect of which is represented to be to locally legalize this in-
fringement upon the laws of the United States; and citizens who have attempted to
make settlements and entries within the limits of these ranges in accordance with the
land laws of the United States have been ousted by judicial decree.
It is manifest that some decisive action on the part of the Federal Government is nec-
essary for the maintenance of the supremacy of the laws and to preserve the integrity
of the public domain. -
It is undoubtedly true that the vast plains and mountain ranges west of the Missis-
sippi River must be relied upon for an important proportion of the sheep and cattle
husbandry required by the necessities of national consumption, but it does not there-
fore follow that this industry should be the subject of individual or corporate monop-
oly any more than that other agricultural pursuits should be so controlled.
The unimpeded progress of settlement will in due time bring the whole of the ter-
ritory of the United States within the compass of private ownership. Meanwhile the
unappropriated public lands, suitable for grazing herds of cattle should be equally
free to the enterprise of all citizens unembarrassed by attempts at exclusive occupation.
Existing laws (act March 3, 1807, 2 Stat., 445) authorize the President to direct the
marshal of the proper district to remove unlawful boundaries placed on the public
lands, and to remove persons unlawfully in possession thereof, and further authorize
the employment of military force when necessary for this purpose. A forfeiture of
any and all rights to land so occupied is also declared.
I have hesitated to recommend the summary exercise of the power vested in the
Executive by this act, although it may yet become necessary to invoke that authority."
UNLAwFUL occupATION OF THE PUBLIC LANDs, 1882-8. 1169
It is my opinion that a statute is required imposing penalties for the unlawful in-
closure of the public lands, and for preventing by force or intimidation legal settle-
ment and entry.
I respectfully recommend that the attention of Congress be invited to this subject.
- w ACTION OF CONGRESS.
August 7, 1882, Mr. T. M. Rice of Missouri, from the Committee on Public Lands,
Submitted the following:
R E POR. T.
[To accompany bill H. R. 3560.]
|UNLAWFUL OCCUPATION OF THE PUBLIC LANDS.
[House report No. 1809, Forty-seventh Congress, first session.]
The Committee on the Public Lands, to whom was referred the bill (H. R. 3560) to
prevent the unlawful occupation of the public lands, have had the same under con-
sideration, and report the same back to the House, with the following amendments,
V12 :
1. Insert in the third line, after the word “the" and before the word “occupation,”
the word “appropriation.” -
2. In the sixth and seventh lines, strike out the words “the pre-emption or home-
stead laws,” and insert in lieu thereof the words “any law of the United States.”
3. In the eighth line insert the word “appropriated” before the word “inclosed.”
4. In the eighteenth and nineteenth lines strike out the words “the homestead and
pre-emption laws,” and insert in lieuthereof the words “any law of the United States.”
5. Add to the first section the proviso: “Provided, That this act shall not apply to
º: selections or lands taken in good faith under any grant of the United States to
a State.
6. Strike out the second section of the bill.
This legislation is necessary for the following reasons:
In the State of California, and in others of the States and Territories, many ranchers
or herders have settled on the public lands without claim or pretense, or title or pos-
sessory right, and have inclosed large tracts of the same with fences. Such lands, if
vacant and unoccupied, would be eagerly sought for homestead and pre-emption pur-
poses. But the fact of their occupation, though unlawful, and though in legal con-
templation they are vacant and subject to homestead and pre-emption entry, deters
the settlers from making entry thereon.
The Supreme Court of the United States in the case of Atherton v8. Fowler (6 Otto,
513), and the subsequent cases of Hosmer vs. Wallace (7 Otto, 575), and Trenouth vs.
San Francisco (10 Otto, 251), has held that no right of pre-emption can be established
by a settlement and improvement on a tract of public land which is in the possession
of one who has inclosed, settled upon, and improved it.
In Hosmer vs. Wallace, the court says:
“To create a right of pre-emption, there must be settlement, inhabitation, and im-
provement by the pre-emptor, conditions which cannot be met when the land is in the
occupation of another. * * * Under the pre-emption laws, as held in Atherton ra.
Fowler, the right to make a settlement is to be exercised on unsettled land; the right
to make improvements is to be exercised on unimproved land; and the right to erect
a dwelling house is to be exercised on vacant land. None of these things can be done
on land when it is occupied and used by others.”
In Trenouth vs. San Francisco the court says:
“The right of pre-emption, under the laws of the United States, cannot be acquired
by intrusion and trespass upon lands in the actual possession of others.”
From these quotations, it is apparent that the Supreme Court intended to deny the
right to pre-empt when there was actual possession in another, without regard to the
character of the possession, whether lawful or not.
And so the supreme court of California understands those decisions, as will be seen
from their language in the case of Davis vs. Scott:
“As the land was in the actual possession and occupation of the plaintiff at the time
defendant attempted to locate a pre-emption claim thereon, it was not, therefore, sub-
ject to pre-emption.”
The operation of these decisions is to permit the unlawful occupant to remain in
possession. If the homesteader or pre-emptor attempts to locate on the lands, he is
sued as a trespasser by the occupant, under the “possessory act” of California. If he
defend under his homestead or pre-emption claim, he is met with the rejoinder that as
the lands were in the actual possession of another, his homestead or pre-emption claim
74 L O—WOL III
1170 UNLAWFUL occupATION OF THE PUBLIC LANDs, 1832-3.
is void. Thus he gets no standing in court to test the rights of the original tres-
passer. He can only enforce his claim by a contest and protracted litigation, which
few settlers can afford.
It is believed that this bill affords an adequate, summary, and easily enforced rem-
edy, and the passage of the bill so amended is recommended by your committee.
The bill with proposed amendments is as follows:
IN THE HOUSE OF REPRESENTATIVES, January 30, 1882.
A BILL to prevent the unlawful occupation of the public lands.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That the appropriation, occupation, or inclosure of any tract of
the surveyed or unsurveyed public lands in larger quantity than authorized by law
shall not prevent the entry thereon by any one duly qualified and intending in good
faith to acquire title under any law of the United States; but where such tract has
been inclosed, appropriated, or is occupied for the purpose of acquiring title thereto
under any of the laws of the United States, the occupation sball be held valid for
such lesser quantity as the occupant is authorized by law to acquire title to: Provided,
That the occupant, or several occupants, if more than one, shall, within ten days after
written demand, designate the metes and bounds of such lesser quantity by wei!-
defined marks. In case of neglect or refusal to do so, such occupant or occupants shall
be deemed trespassers, and the whole tract may be entered on by persons duly qual-
ified and intending in good faith to acquire title under any law of the United States;
and such demand and neglect or refusal shall be held to bar a recovery in any action
brought against any person so entering: Provided, That this act shall not apply to
school selections or lands taken in good faith under any grant by the United States
to a State.
FAILURE OF LEGISLATION,
Congress failed to pass the proposed law, and did not legislate in regard to grazing
or arid lands, so that stockmen or cattle owners could get lands by authority of law.
The Commissioner was compelled to issue in pursuance of law and for the protection
of actual settlers, the following:
P. DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., April 5, 1883.
To REGISTERS AND RECEIVERS UNITED STATES LAND OFFICES, AND SPECIAL AGENTS:
GENTLEMEN: You are instructed to circulate the following notice in your district:
NOTICE RELATIVE TO UNLAWFUL INCLOSURES OF PUBLIC LANDS.
In view of the numerous complaints of the unlawful inclosures of public lands for
stock range purposes, and consequent impediment to settlements, all persons are
hereby notified as follows: *~.
The public lands are open to settlement and occupation only under the public land
laws of the United States, and any unauthorized appropriation of the same is trespass.
| Such trespass is equally offensive to law and morals as if upon private property.
The fencing of large bodies of public land beyond that allowed by law is illegal,
and against the right of others who desire to settle or graze their cattle on the inclosed
tracts. -
Until settlement is made, there is no objection to grazing cattle or cutting hay on
Government land, provided the lands are left open to all alike.
Graziers will not be allowed, on any pretext whatever, to fence the public lands and
thus practically withdraw them from the operation of the settlement laws.
This Department will interpose no objections to the destruction of these fences by
persons who desire to make bona fide settlement on the inclosed tracts, but are pre-
vented by the fences, or by threats or violence, from doing so. -
The Government will take proper proceedings against persons unlawfully inclosing
tracts of public land whenever, after this notice, it shall appear that by such inclosures
they prevent settlements on such lands by others who are entitled to make settlement
under the public land laws of the United States.
Very respectfully,
N. C. McFARLAND,
Commissioner.
DEPARTMENT OF THE INTERIOR,
* April 5, 1883.
Approved:
H. M. TELLER,
Secretary.
DECISION OF A U. S. COURT AS TO FRAUD IN PRE-EMPTION. 1171
COMMISSIONER'S RECOMMENDATION FOR 1883.
[From annual report.]
FENCING THE PUBLIC LANIOS.
The practice of inclosing public lands by private persons and companies for exclu-
sive use as stock ranges is extensively continued in States and Territories west of the
Mississippi River. These ranges sometimes cover several hundred thousand acres.
Special agents report that they have ridden many miles through single inclosures, and
that the same often contain much fine farming land.
Summer and winter ranges in different sections of country are frequently controlled
in the same manner by the same persons, who cause their cattle to be driven from one
to the other, according to the season, keeping the whole of the land under fence and
preventing the stock of smaller ranchmen from feeding upon any portion of it.
Foreign as well as American capital is understood to be largely invested in stock-
raising enterprises involving unlawful appropriation of the public lands. Legal
settlement by citizens of the country are arbitrarily prohibited, public travel is
interrupted, and complaints have been made of the detention of the mails through the
existence of these inclosures. Reports have been received of the use of violence to
intimidate settlers or expel them from the inc'osed lands.
A frequent incident to this control of large bodies of land is the acquirement of title
by stock owners to the valleys, water-courses, and other especially valuable lands
within the inclosures by means of fraudulent or fictitious entries caused to be made
under the pre-emption, homestead, and desert-land laws. Investigations of such en-
tries are in progress in several districts.
In April last a circular was issued by your direction giving notice as follows: (See
circular, page—.
This notice has been widely distributed in grazing districts by special agents and
officers of this Department, and a number of cases of fencing trespass examined and
reported upon by the special agents have been submitted to you for transmittal to the
Department of Justice for appropriate action.
A recent decision by the district court of Wyoming Territory (see page —) affirming
the right of the Government to cause the removal of fences from the public lands by
proper judicial proceeding, has strengthened the Executive Department in its efforts
to abate the evils complained of. Proceedings in equity, however, involve much time
and delay, and I regard it expedient that some remedy at law should also be provided.
I renew the recommendation that an act be passed imposing penalties for the un-
lawful inclosures of public lands, and preventing by force and intimidation legal
settlement and entry.
DECISION OF UNITED STATES COURTS AS TO UNLAWFUL OCCUPATION
OF PUBLIC LANDS AND AS TO THE PRE-EMPTION ACT,
The two following decisions are of interest and value. The decision of Judge Saw-
yer is of great moment, and if it is to become the law for other courts it will be use-
less to attempt to set aside a patent obtained by fraud under the pre-emption act.
The necessity for the immediate repeal of this law in the interest of morality and
fair dealing is apparent in the light of this decision.
PRE-EMPTION PATENT.
IS PERJURY AND FALSE TESTIMONY IN OBTAINING PATENT IN PRE-EMPTION A CAUSE
FOR SETTING IT ASIDE 7
In the eircuit court of the United States, ninth circuit, district of California, July, 1883.
|United States vs. Geo. E. White et al.
1. Jurisdiction.—Fraud.—The United States courts have jurisdiction to vacate a patent to lands, in a
proper case, on the ground of fraud.
2. Fraud in procuring patent.--The frauds for which courts will set aside a patent, granted by the
United States, in the regular course of proceedings in the Land Office, are frauds extrinsic, or
collateral to the matter tried and determined, upon which the patent issued; and not fraud, con-
sisting of perjury in the matter on which the determination was made.
3. Perjury and false testimony in the proceeding by means of which a patent is secured by fraud is
not fraud extrinsic, or collateral to the matter tried and determined in the Land Office, within the
meaning of the rule, and a patent will not be set aside on that ground alone.
4. Perjury.—Injury.—Where no pecuniary injury to the United States is shown by the bill, and it does
not appear that there is any other right in the land against the Government, whether a court
of equity should set aside a patent obtained on false testimony, if otherwise proper, query?
*
1172 DECISION OF A U. S. courT As To FRAUD IN PRE-EMPTION.
5, Return of purchase-money.—Where the United States files a bill to set aside a patent on the ground
that it was obtained upon false testimony, it should, at least, offer to return the purchase-money
paid by the patentee for the land. -- g * .
6. Equity.--When the United States comes into a court of equity, asking equity, like a private person,
it should do equity.
7. Forfeiture.—Equity.—Courts of equity never enforce penalties or forfeitures.
8. Forfeitures.—If the United States desires to enforce the penalties and forfeitures imposed by section,
2262 of the Revised Statutes for obtaining a patent to land upon false affidavits, it must do so by a
proper proceeding at law, where the party charged will be entitled to a trial of the charge by a
Jury.
Before Sawyer, circuit judge.
A. P. Van Duzer for the United States.
L. D. Latimer and Barclay Henley, for defendants. Sawyer, circuit judge.
The first of these cases, United States vs. Geo. E. White, is a bill in equity to va-
cate a United States patent, issued to the defendant, on the ground that it was ob-
tained upon false and fraudulent affidavits, and proofs, made under the pre-emption
laws. -
It is alleged that on May 6, 1876, the defendant filed a declaratory statement under
the pre-emption laws upon a quarter-section of land situate in Humboldt County, de-
scribed in the bill, and an affidavit stating that he had settled upon the land on No-
vember 5, 1873, and resided thereon ever since ; that he had cultivated a portion as a
garden, built a fence around about an acre, and built a house 9 by 12; that the in-
provements were of the value of $100, and that he was not the owner of 320 acres of
land elsewhere. It is further alleged, that he paid the sum of $200, and thereupon,
and upon the making of said proofs, a certificate of purchase in due form was issued
to said defendant; and afterward, in pursuance of said certificate of purchase, a pat-
ent was issued on December 13, 1876. It is further alleged, upon information and be-
lief, that said affidavits and proof were false; that defendant did not make the set-
tlement as stated; did not reside upon said lands, and that he did own 320 acres of
Jaud elsewhere. And as the grounds of these false representations and proofs, the
complainants ask that the patent be vacated and canceled; and that the money paid
be adjudged forfeited to the United States.
There are numerous cases wherein the Supreme Court of the United States has said,
in general terms, that a patent might be vacated for fraud on a bill of equity filed by
the United States—as Moore vs. Robbins, 96 U. S., 533; Shipley vs. Cowan, 9 U. S.,
330; and numerous others too familiar for citation. There can, therefore, be no
question as to the jurisdiction of the court to entertain such a bill, where a proper
case is presented. But it was never determined what kind of fraud, or in what form
perpetrated, would furnish a proper case for the relief sought in this case, till the
case of the United States vs. Flint, and United States v8. Throckmorton, in this court,
4 Saw. , 51–3, affirmed in United States vs. Throckmorton, 98 U. S., 68. These were
cases wherein a petition was filed under the act of 1851, before the Board of Land
Commissioners, for confirmation of a Mexican grant, which had been confirmed. It
was alleged in the bill that the grant presented was a fraud; that it had been per-
fected in Mexico, after the transfer of California to the United States; that the fraud
was concealed from the Government officers and the Board of Land Commissioners;
and that the confirmation w is obtained upon false and perjured testimony. On these
grounds it was sought to vacate the patent in the first case, and the confirmation in
the Second, and annul the title. But the court decided that the confirmation could
not be vacated on the ground that it was obtained wholly upon false or perjured testi-
mony, or for the palpable frauds alleged. The court held (affirming the views ex-
pressed by the circuit court in 4 Saw., 51–3), that the frauds for which the judgment
of tribunals could be impeached are “frauds extrinsic, or collateral to the matter tried
by the first court, and do not extend ‘to a fraud in the matter on which the decision
is rendered.’” Said the court, after citing and commenting on the authorities:
“We think these decisions establish the doctrine on which we decide the present
case, namely, that the acts for which a court of equity will, on account of fraud, set
aside or annul a judgment or decree, between the same parties, rendered by a court
of competent jurisdiction, have relation to frauds, extrinsic or collateral, to the mat-
ter tried by the first court; and not to a fraud in the matter on which the decree was
rendered.
“That the mischief of retrying every case in which the judgment or decree rendered
on false testimony, given by perjured witnesses, or on contracts or documents whose
genuineness or validity was in issue, and which are afterwards ascertained to be
forged or fraudulent, would be greater, by reason of the endless nature of the strife,
than any compensation arising from doing justice in individual cases.” (98 U.S., 68.)
The same rule was adopted in Vance vs. Burbank, which also went up from this
circuit, and the principle applied to the decision on a question of residence, and of
fraud, decided by the United States Land Office, where one private party sought to
control, for his own use, the title granted to another, upon alleged frauds practiced
while obtaining the patent. Said the court, by the Chief Justice: “The appropriate
DECISION OF A U. S. COURT AS TO FRAUD IN PRE-EMPTION. 1173
officers of the Land Department have been constituted a special tribunal to decide
such questions, and their decisions are final to the same extent that those of other
judicial, or quasi-judicial, tribunals are.
“It has also been settled, that the fraud in respect to which relief will be granted
in this class of cases must be such as has been practiced on the unsuccessful party,
and prevented him frºm exhibiting his case fully to the Department, so that it may
properly be said, there never has been a decision in a real contest about the subject-
matter of inquiry. False testimony or forged documents, even, are not enough, if the
disputed matter has actually been presented to, or considered by, the appropriate
tribunal, , (United States v3. Throckmorton, 98 U. S., 61; Marques vs. Frisby, supra.)
The decision of the proper officers of the Department is in the nature of a judicial
determination of the matter in dispute.
“The operative allegation in this bill is of false testimony only. * * * * No
fraud is charged on the register and receiver, or on the heirs of Perkins, in respect to
the keeping back of evidence.” (Vance v8. Burbank, 101 U. S., 519.)
Thus the decisions of the Land Office on application for patents were put upon the
same footing as judgments and decisions of courts, and other tribunals like the Board
of Land Commissioners. The only difference between this case and the other is, that
in the first the United States and in the other the complaint, actually appeared—
the United States not appearing—and were heard, while in this the United States did
not formally appear as a contestant. But the principle is the same, only the mode of
proceeding being different. In the Flint and Throckmorton cases the claimant under
his grant, the treaty with Mexico, and the statutes of the United States, petitioned
the Board for a confirmation of his grant. In this, the purchaser, under and in con-
formity to the statutes, applied to the Land Office for leave to purchase, as did the
party in Vance v8. Burbank, and the Land Office, representing the United States, in
due form heard the proofs, and determined the question of the right to purchase. In
Vance v8. Burbank, the complainant intervened in fact, as he had a right to do under
the law, and contested the right of his opponent. But the United States was not a
party in any sense other than reported in this case. So in the present case anybody
claiming an adverse interest had a right to intervene, but nobody seems to have done
so. The proceeding was in the nature of a proceeding in rem, of which everybody
takes notice. The hearing was regularly had, and decided in favor of complainant
White, and the only fraud, if any there was, “was in the matter on which the de-
cision was rendered,” and not “extrinsic or collateral to the matter tried” and deter-
mined in the Land Office. The action of the Land Office is judicial in its nature.
(Smelting Co. vs. Kemp, 104 U. S., 640.)
I can perceive no good reason why the principle should not apply to this case as
well as to the others, and especially to the case of Vance v8. Burbank. That is the
logical result of the principle established by the decisions cited, and I think the
principle sound, and upon the whole, safe. Again, it is a principle, that, with
reference to private parties, a court of equity will not grant relief against a frau, ,
unless it appears that some damage or injury has been sustained by reason of the
fraud; for “courts of equity do not, any more than courts of law, sit for the pur-
pose of enforcing moral obligations, or correcting unconscientious acts, which are
followed by no loss or damages.” (1 Sto. Eq. Ju., 203.) And when the United
States enters the court as a litigant. * * * “it stands upon the same footing
with private individuals.” (U. S. 1:8. Throckmorton, 4 Saw., 43. It does not appear
that the United States has been pecuniarily injured by the alleged fraud. "No
injury or damage is alleged, or in any way shown. The land was for sale to any au-
thorized pre-emptioner, at $1.25 per acre. Defendant paid the full amount of the pur-
chase-money, and it went into the United States treasury. The Government got all it
would have obtained from any other party. It does not appear that anybody else had
any rights, or wanted to purchase, or that the United States was under any obliga-
tion to patent the land to any other person. There is no possible pecuniary injury to
complainant. The most that can be said is, that a principle of public policy was
violated, and thereby a moral wrong resulted by reason of the legal disqualification,
under the pre-emption act, of complainant to purchase. But the wrong was only
malum prohibitum, not malum per 8e. It is by no means clear that the demurrer ought
not to be sustained on this ground, but it is unnecessary to so decide now, for in
my judgment it is not a case to be taken out of the rule established in the cases cited,
of Throckmorton and Vance. In view of the notorious liberality in favor of pur-
chasers, not to say looseness, with which the pre-emption laws have, ever since their
adoption, been administered all over the Western States, to relax the rules referred to
in the authorities cited, especially where no actual pecuniary damage or injury has re-
sulted, either to the Government or private parties, and “retry every case in which?’
the action of the Land Office, as well as “judgments or decrees, rendered on false
testimony given by perjured witnesses, or on contracts or documents whose genuine-
mess or validity was in issue, and which are afterwards ascertained to be forged or
fraudulent,” would open a Pandora's box of evils “far greater than any compensation
1174 LEGAL DECISION As To FENCING PUBLIC LANDs.
arising from doing justice in individual cases.” It would open the door to any party
stimulated by malice or other unworthy motive, who could, upon ex parte and false
Statements, obtain the ear of the Attorney-General to promote suit in the name of the
United States to the great vexation of honest as well as dishonest pre-emptors, and
to the great detriment of the public peace and prosperity.
Again, the claim is stale, although statutes of limitation do not run against the
Government, yet the staleness of the claim may be taken into consideration in de-
termining the question, whether a court of equity should interfere and grant relief,
where the United States, as well as a natural person, is the complainant. When the
United States comes into a court of equity as a suitor, it is subject to the defenses
peculiar to that court. (U. S. vs. Tichnor, 8 Saw., 156; U. S. vs. Flint, 4 Saw., 58–9;
Badger vs. Badger, 2 Wall., 94; Stearns vs. Page, 7 How., 829.) Under the State law,
this suit, if between private parties alone, would be barred within three years. (Man-
ning v8. San Jacinto Tin Co., 7 Saw., 430.) Six years elapsed between the issue of
the patent and the filing of the bill, and no averment is made to show that the fraud
was not discovered, or by the exercise of ordinary diligence in the Land Office might
Inot have been discovered, immediately after its consummation.
The money received is retained, and no tender appears to have been made, nor is
any offer to refund the money made in the bill. The United States, like an individual,
when it comes into court and demands equity, must do equity, or at least offer to do
equity. It has received the full value of the land in money—the same amount that it
would have received had the land been sold and patented to an admittedly qualified
purchaser. It cannot keep the money and in a court of equity demand and receive a
return of the land.
To meet this point, and as a basis for a decree of forfeiture of the money, as a part of
the relief demanded in the bill, the United States attorney relies on Section 2262, R.
S., which provides that, “if any person taking such oath swears falsely in the prem-
ises he shall forfeit the money which he may have paid for such land, and all right
and title to the same.”
This is highly penal and the only remedy, or rather punishment, other than an in-
dictment for perjury, that appears to be provided by law for the wrong sought to be
redressed.
But the United States has come into the wrong forum to enforce this penalty. “It
is a universal rule in equity never to enforce either a penalty or forfeiture. (2 Sto.
Eq. Ju., Sections 1319, 1494, 1509.) So a bill of discovery will not lie in a case which
involves a penalty or forfeiture. (Ib.) As an answer on oath is not waived this bill
is, in that particular, a bill of discovery and demurrable on that ground also. If the
United States desires to enforce the penalties—the forfeiture of the money paid and
the land patented—provided for in section 2262, R. S., cited, it must proceed in some
appropriate mode at law, where the defendant will be entitled to a trial by a jury of
the question as to giving false testimony.
In my judgment, the demurrer should be sustained and the bill dismissed; and it is
so ordered.—Pacific Coast Law Journal.
DNLAWFUL OCCUPATION (FENCING) OF PUBLIC I,ANIDS,
The decision referred to on page 1172 by Mr. Commissibner McFarland, in the matter
of fencing public lands, was made by Chief Justice J. B. Sener in the U.S. District
court for the first district of Wyoming Territory at August term, 1883.
In district conrt of the United States for the first district of Wyoming Territory.
THE UNITED STATES v8. ALEXANDER Swan, THOMAS Swan, Z. THOMMAssoN, AND
C. E. ANTHONY.
Sener, judge:
This case is here upon the amended bill filed by the complainant on the 13th of
June, to which the respoudents filed a demurrer on the 25th day of July, 1883, and
upon which demurrer argument was heard by the court on the 1st day of August, 1883.
In view of the magnitude and novelty of the questions involved, time, care and study
have been bestowed upon them, to the end that the best reflection and the best lights
might be brought to bear for their solution.
The demurrer has been argued by the respondents from the standpoints that the
bill of the complainant is deficient in forum and substance. As to form, that it is un-
certain and vague; as to substance, that it fails to state such a case, even in bad form,
as to entitle the complainant either to the discovery or relief which it seeks. The
respondents claim that the bill should with clearness and accuracy show title in the
complainant, and that this should be coupled with an allegation that by reason of
withdrawal from settlement these citizens have no right to go upon these lands under
LEGAL DECISION AS TO FENCING PUBLIC LANDS. 1175
the laws of the United States as for mining and other proper purposes for which the
laws provide.
This objection the court thinks not well taken, because the bill in its entirety shows
for all the purposes of a demurrer that these parties are there wrongfully and unlaw-
;ully, which excludes the idea that these respondents have a right to be upon these
ands.
Besides, the bill further alleges that all the even sections in two certain townships,
except parts of two and twenty-two, are part of the public domain, and then proceeds
to aver that said lands are now held for disposition under the land laws of the United
States; and if they are open to settlement and disposition this excludes the idea that
the respondents can be upon them lawfully, since the bill further charges the encroach-
ment and intrusion upon these lands unlawfully.
The respondents claim that the bill is wholly uncertain in its meaning, in not show-
ing what is meant by said lands as used in the charging part of the third clause of
the amended bill, they claiming that, as used, the expression “said lands” is vague,
uncertain, and indefinite.
Upon an amended bill the court thinks it would be better to make this averment
clearer. The respondents also object that the bill is uncertain and vague, in not
showing what parts of Sections two and twenty-two the complainant has title to, the
bill only claiming a part and not all of said section.
This objection is well taken. This bill is an application for an injunction order.
Although there is a map filed with the bill and made a part of it as an exhibit, show-
ing the land encroached upon, and intruded upon, yet the map is fatally defective as
to Section two, certainly in not showing how much of said section belongs to the
United States and how much does not belong to the United States. As to section
twenty-two, if the marks and letters “E” in the map are to be considered as the
excepted parts, less trouble might be had as to this section, but in a bill of this impor-
tance, where an injunction is asked for, the court ought to have before it such a clear
and indisputable showing as to what is complained of, as that in the event of its grant-
ing injunctive relief its order could plainly and with reasonable certainty point out
what it is that should be abated, and what it is that shöuld be restrained. In this
bill this is not done. As is charged by the respondents, and as was admitted by the
complainant in its argument, the bill in this respect is vague and uncertain, and for
this reason the court thinks the denſurrer ought to be sustained.
The respondents object that the bill wholly fails to show that the fence was built
on or across the same sections of land before referred to. It alleges that it was built
on certain even and odd numbered sections, in certain townships and ranges, but
wholly falls to show that said districts were north, or that the ranges were west of
the sixth principal meridian, or where the ranges are. *.
In an amended bill it might be well to show this; but the allegation contained in
the bill that these sections in certain townships and ranges, are within Laramie
County, and in the jurisdiction of the first judicial district of this territory, probably
would be sufficient.
This case having been twice argued, both upon the structure of the bills and the
sufficiency of any bill to give the United States the relief it seeks in this forum upon
a proper bill, it seems to the court not just longer to withhold its opinion upon the
right of the complainant to relief in cases like this in equity and by injunction. At
tho first argument the counsel for the Government, the able district attorney for Wyo-
ming, held to the idea that it was a purpresture and not a public nuisance. In the
latter argument the learned assistant for the Government, Judge Brazee, held to the
theory that the acts charged were a public nuisance. This view was stoutly resisted
by the counsel for respondents.
According to Lord Coke, purpresture was defined to be a close or inclosure, that is
where one encloaches or makes that several to himself, which ought to be common to
many. It is laid down by all the old writers that it might be committed either against
the king, the lord of the fee, or any other subject.
In its common acceptation it has been applied to any encroachment upon the king,
or any part of his domestic lands, or in the highways, rivers, harbors, or streets.
Th 3 distinguished counsel who argued for the respondents with so much iearning
and great zeal, contended that while there might be an appropriation of these lands
by the respondents, so far as this bill shows, yet there was nothing in the bill, or dedu-
cible from it, to show that these lands are common to many, and that no adjudicated
cases in this country on this question of purpresture went further than to apply the
doctrine as Lord Coke applied it to encroachments upon highways, rivers, harbors,
and streets. -
In the view which we take of this case, it may be unnecessary in order to give the
court jurisdiction, to refer it absolutely to either of these branches of equity jurispru-
dence. The doctrine of relief in equity is now applied both by the English and Ameri-
can courts to any case in which there is an abuse of power given for public purposes,
or when there is acting adversely to public policy. It is true this doctrine in English
1176 LEGAL DECISION As To FENCING PUBLIC LANDs.
and American chancery has grown up in the necessity of placing restraints on great
Corporations to prevent them from doing acts detrimental to the public welfare or
hostile to the public policy. Lord Eldon, in Blackmore against Glamorgan Canal
Navigation Company, stated it to be a sound and well-recognized equitable principle,
“that parties shall do and forbear all that they are required to do, and forbear as well
with reference to the interests of the public as with reference to the interests of the
individual.” -
Quoting Lord Cottenham : “It is the duty of the chancery court to adapt its prac-
tice and course of proceedings as far as possible to the existing state of society and to
apply its jurisdiction to all those new cases which from the progress daily making in
the affairs of men must continually arise, and not from too strict adherence to forms
and rules established under very different circumstances, decline to administer justice
and º rights for which there is no other remedy.” (1 Myhre & Co., 559, 4 idem,
141. 635.
It is in this spirit that the supreme court of Pennsylvania spoke and acted in the
case of Kerr vs. Frego, 47 Penn., 292, Chief Justice Lowry delivering the opinion of a
unanimous court as far back as 1864, when he said:
“This remedy (meaning the remedy by injunction) extends to all acts that are con-
trary to law and prejudicial to the community, and for which there is no adequate
remedy at law.” .
In this case, for all purposes of the demurrer, it is conceded that the respondents
have, without authority of law, wrongfully taken possession of the public lands of
the United States, fenced them in, and thus prevented the exercise, or the power, or
the authority, or the enforcement of the homestead, pre-emption, and desert-land laws
of the United States, as the case may be, within these lands so inclosed wrongfully
and unlawfully, and so separated and fenced and converted to the wrongful and un-
lawful use of these respondents. º;
A specific injury to the public is averred in the bill, which is that the rights of the
homesteaders, the pre-emptors, and parties lawfully seeking to reclaim the desert
land of the United States, may be hindered and prevented, if not entirely denied
their rights, by the building of these fences. º
If it be answered that the parties who are fencing these lands unlawfully, may be
doing a benefit to these lands, it is sufficient to say in reply that they are fencing and
building more than the policy of the land laws of the United States allows to four peo-
ple. As to what constitutes such an injury as gives a court of equity in such a case
jurisdiction, we cannot do better than quote the language of Chief Justice Ryan in
the case of the Attorney-General against the Railroad Companies, 35 Wisconsin, 552:
“The acts of the defendants charged give the jurisdiction, and it is for the court to
judge of the consequent evil. It is not the averment of the pleaders, but the nature
of the acts pleaded, which is material in the question of public injury. The con-
science of the court must be satisfied, and may be satisfied or not, with or without
averment.”
If an information should aver public mischief where the court could see that there
was none, the averment would go for nothing.
So without averment it suffices that the court can see the public injury. As in that
case the court says: “It is hardly questioned that in these cases a public injury is
apparent in the acts charged against these defendants.” So may we repeat here :
Directly or indirectly, this injury reaches many. Continuing, that able court says:
“We can only see the direct public injury, and the acts charged satisfy the con-
science of the court of the public injury. If the acts be illegal, that is sufficient.”
Upon the question of the right of a court of equity to enjoin a great public wrong
the same supreme court (35 Wisconsin, page 534) further says, after speaking of the
jurisdiction to enjoin private wrong at the suit of the person wronged : “It is almost
a logical necessity to admit the other branch of the jurisdiction to enjoin at the suit
of the State such a general wrong common to the whole public as interests the State,
aud could be remedied by private person only by a vast multitude of suits, only
burthensome to each and impracticable for (their) very number, more conveniently,
effectually and properly represented by the attorney-general as parens patriae. But
jurisdiction of informations of this nature has sometimes been denied here; courts of
equity in this country, singularly enough, being sometimes more timid to control cor-
porate power, and less willing to protect the public against corporate abuse than the
English chancery. In both branches, says the court, of this jurisdiction, it proceeds
as for quasi nuisance; and it is difficult to understand why the jurisdiction should be
asserted as to private nuisance and denied as to public nuisance. But fortunately
we find this wholesome jurisdiction sustained here by the great weight of authority,
and with modern experience we deem it only a question of time when it must be uni-
versally asserted and exercised.”
But do the acts charged in the bill of complaint, and for all the purposes of this
hearing treated upon demurrer as true; constitute a public nuisance? .
In 1837 the supreme court of Alabama, in the case of the State of Alabama against
LEGAL DECISION AS TO FENCING PUBLIC LANDS. 1177
the mayor and aldermen of the city of Mobile (5 Porter, 299), Collier, chief justice, de-
livering the opinion of the court, held the right of chancery to exercise its jurisdic-
tion in case of a nuisance, in restraining the exercise or erection of, and in some in-
stances to abate that from which irreparable damage to individuals or great public
injury would ensue. The court further said: “Courts of equity can interpose to re-
strain and prevent such nuisances threatened, or in progress, as well as abate those
already existing, and by perpetual injunction the remedy is made complete through
all future time; whereas an information or indictment at common law can only dis-
pose of the present nuisance, and for future acts new prosecutions must be brought;
and in the next place remedial justice may be prompt and immediate before irrepar-
able mischief is done; whereas at law nothing can be done except after trial and
upon the award of judgment.”
In 1860 the supreme court of Georgia cited with approval this case, and said, in
Mayor and Council of the City of Columbus v8. Arnold (30 Georgia, 508): “It is claimed
that no such jurisdiction exists because the remedy at common law is adequate and
complete by indictment,” etc. It answered by citing approvingly this statement in
Story's equity: “The grounds of this jurisdiction of courts of equity in cases of pur-
presture, as well as of public nuisance, undoubtedly is their ability to give more com-
plete and perfect remedy than is attainable at law,” etc. . And also Eden on Injunc-
tions to this effect, “that the remedy for this species of injury is by information of
intrusion at common law or by information of the attorney-general in equity.”
In addition to the foregoing the supreme court of Georgia, in this case, added as a
reason why a remedy by indictment might be unavailing, the influence and integrity
of the gentlemen against whom an indictment might lie would more than likely pro-
tect them before a jury.
In regard to public nuisance, the supreme court of New Jersey (1 Stockton, page
523), Attorney-General against Hudson River Railroad Company, decided in 1853,
state that the jurisdiction of the courts of equity in regard to public nuisances
seems to be of very ancient date, and has been definitely traced back to the reign of
Queen Elizabeth. - &
ls the building of such a fence on the public lands a public nuisance as well as a
public wrong? Blackstone defines a nuisance to be anything that worketh hurt, in-
convenience, or damage ; and Bacon defines a nuisance as anything that annoys, in-
commodes, or offends—anything that renders the enjoyment of life and property uncom-
fortable; and Brown, “anything which unlawfully annoys or does damage to another.”
A nuisance is either public or private. A public or common nuisance is such as affects
or interferes with the king's subjects in general. Tried by these definitions, can there
be any doubt that an inclosure of the Government domain, held either for the benefit
of all the people, or else under the terms of the bill, as admitted by the demurrer,
held for disposition and sale for the benefit of the settler, whether in his character as
* homesteader, pre-emptor, or as one reclaiming the waste lands of the desert, is a
great public nuisance, is an infringement of public right, and as such can be relieved
against, if not by abatement, action for damages, or criminal prosecution, certainly
by the more speedy, powerful, and all-sufficient remedy of injunction? But it is con-
tended by the learned counsel for the respondents that there may be a remedy at law,
and therefore no remedy in equity lies.
Our answer to the learned counsel is in the language of Judge Collier, in Alabama,
in the case hereinbefore cited: Not that there may not be a remedy at law, but that
in such cases the jurisdiction of the courts of equity is predicated upon the ground of
the ability of equity to give a more complete and perfect remedy than is attainable
at law. The relief is not grantable because, 8trictissimi jnrig, there may be no remedy
at law, but is grantable because there is a remedy more adequate in equity.
While courts of equity will hesitate, and have hesitated in England and in this
country, in cases of public nuisances to act except in strong cases, yet they will
• always speak with no uncertain sound, and should so speak, where the public rights
are invaded or a great public nuisance is threatened or in existence.
Are the acts complained of a purpresture? The supreme court of Wisconsin, in the
case of the Attorney-General versus the Railroad Company, before cited (35 Wisconsin,
page 532), going a step beyond the old-time technical definitions, perhaps, aud applying
the law to new necessities, after the spirit of Lord Cottenham, before quoted, says: “Any
intrusion upon public right is in the nature of a purpresture.” Such is, we think,
sound equity at this day. That eminent jurist, Cooley, in the case of the Attorney-
General against the Evarts Booming Company (34 Michigan, page 472), says: “A pur-
presture may be defined as an inclosure by a private party of a part of that which belongs
to and ought to be open and free to the enjoyment of the public at large.” Surely a better
definition of the public domain of the United States could not be made; and, further.
he says that “a purpresture is not necessarily a public nuisance.”
A public nuisance is something which subjects the public to some degree of incon-
venience or annoyance, but a purpresture may exist without putting the public to
any inconvenience whatever.
1178 LEGAL DECISION As To FENCING PUBLIC LANDs.
The fencing of these lands, their withdrawal from settlement under the homestead,
pre-emption, and desert land laws, not only subjects the public to some degree of in.
convenience and annoyance, but it is an inclosure of that which belongs to or ought
to be left free to the public, so that all the public may go thereon until some one law-
fully segregates it and makes it his own; and if it can be decided that such a remedy
as injunction does not lie in a case like this, then, not only might these respondents
fence up such large tracts of land as are mentioned in the bill and keep them fenced,
as by their demurrer is admitted, but other citizens singly or in small groups might
do likewise, and so the authority of the Government might be set at naught, and the
rights of the immigrant and the citizen coming to these plains to take up small por-
tions of land under the laws of the United States would be utterly unavailing.
The learned counsel for the respondents objects that the fourth clause of the bill,
while alleging that the respondents have intruded and encroached upon a part of
the public domain, does not show what part of the public domain they have in-
- truded and encroached upon. To this it may be sufficient to reply that the map filed
with and made a part of the bill would seem to point out the encroachment and intru-
sion, but lack of definiteness in this respect may be supplied in an amended bill by
describing the fencing by words showing what line or lines on the map were intended
to point out the fence or fences complained of. -
To the argument of the learned counsel for the respondents that the act of so en-
croaching or intruding is not shown to be in any maffner wrongful or unlawful, it
seems only necessary to say that the words “intrusion” and “encroachment” of them-
selves mean an unlawful going upon the rights or possession of another, as when a
man sets his fence beyond his line—vide Bouvier's Law Dictionary, “Encroachment.”
To the objection that the United States is only entitled to the same remedies for
the protection of its property as an individual, we think the best answer is to be found
in the words of Justice Miller in the case of the United States against Duluth, First
D llon, 471 : “If the allegations of this bill be true, we have no doubt of the light of the
officers of the Federal Government to bring this suit in the name of the United States,
and to protect her rights, and we deem it a much more appropriate mode of doing so
than by the physical force of the War Department.” Not only may equitable inter-
vention on the part of the court prevent this, but any attempt at force by parties
thinking themselves entitled to enter on these lands under the respective land laws
of the United States.
To the suggestion that an individual could not maintain a suit for an injunction on
a bill such as is filed in this case, it would be sufficient to say that no individual could
stand in relation to any other individuals possibly as in this case, unless it might be
that of a trustee holding for others; and surely it would not be denied that a trustee
would have the right to resort to a court of equity to protect the lands of his cestwis
que trusts from such intrusion and encroachment, if they were threatened or being per-
sisted in by many parties, rather than to drive such cestuis que trusts to a multiplicity
of actions on the law side of the court. May not the United States under their liberal
land law system be deemed as but holding these lands in trust for those who under
their laws are ultimately entitled to them, and so not only may not the United States,
but ought not the United States to protect as well as defend these lands for those ulti-
mately entitled to them?
To the objection that injunction will not lie in this as in a case of purpresture, be-
cause of the common law definition of purpresture, the answer is to be found in the
decisions in which, in Wisconsin and elsewhere, it is held that a purpresture (already
quoted) is any intrusion of public right. Any intrusion of public right, while not
probably strictly a purpresture, is in the nature of purpresture and as such is enjoin-
able. - |
To the objection that irreparable injury must be shown to entitle the court to juris-
diction, we think we may only repeat the words of the supreme court of Wisconsin,
35 Wis., case hereinbefore quoted, page 552: “Such an is quiry in such a case is a con-
clusion of fact rather than a fact. The conscience of the court must be satisfied, and
may be satisfied with or without averment.” In this case a public injury is apparent
in the acts charged against these defendants and admitted by the demurrer, in that
eleven even-numbered sections, a part of the public domain, are withdrawn by the
intrusions and encroachment of these defendants from settlement under the land laws.
of the United States. Leaving out of view the timber-culture laws, this intrusion
and encroachment may deprive eleven persons of their rights to reclaim and settle
upon this land if it be simply desert land. If it be such as is open to the homesteader,
forty-four persons may be deprived of their rights under the laws of the United States,
and if pre-emptors forty-four persons may be deprived. The character of the land is
not shown in the averments of the bill. Surely this statement is sufficient to show the
great public injury, the wrongfulness and unlawfulness of the inclosure being admitted
by the demurrer. To the objection that injunction will not lie in any case of trespass
with no other elements in the case than are contained in the amended bill, it may be
sufficient to answer that this bill alleges not only a trespass and a wrong, but a con-

STATES AND TERRITORIES, 1776 TO 1883. 1179
tinuing wrong, against the Government of the United States and against such of its
citizens as may be entitled to this land under the homestead, pre-emption, or desert-
land acts, and that the ouster of the Government is not only a mere trespass, which
is an unlawful act committed by violence by one private individual against another,
but is in this case an act of disregard and of unlawful dispossession, encroachment,
and intrusion upon the lawful power and authority of the Government of the United
States, this additional element never being found where one individual trespasses upon
another merely. -
The learned counsel for the respondents maintained that as there was no right of
common to the citizens of the public domain, the United States holds such public do-
main as property for disposition, and no prerogative remedy is given it to protect such
property, citing several authorities, the last one being 37 Wisconsin, Attorney-General
versus Eau Claire, 446, 447.
The learned counsel must have misconceived that reference. What the court there
says we will quote; it was speaking of public rivers: “They are highways; they are
in charge of the State, and the State cannot abdicate its charge of them. That charge
is a duty to the Federal Government and a trust for the whole people, not of the State
only, but of the several States. An unauthorized encroachment upon any of them is
a violation of the duty assumed by the State in its aggregate and sovereign character
to keep them forever open.” “Every such encroachment is a purpresture which con-
cerns the solemn prerogatives of the State and the prerogative jurisdiction of this
court. Original jurisdiction of such cases here is too manifest for discussion.” In
Wisconsin, under their then constitution, the supreme court had original jurisdiction
in cases of injunction, it is proper here to say.
It is true that none of the cases cited and relied on in this opinion are upon ques-
tions exactly such as that raised in the argument upon the bill and demurrer here.
But the doctrines enunciated and the language employed, even if it be conceded
that they are in every case mere obiler dicta, which is not admitted, yet they are so
convincingly persuasive and seem to the court so well in point in restraining what to
the court seems to be so great a public wrong, that with becoming diffidence, and yet
with sufficient confidence in their authority by persuasion, the court adopts them and
makes them applicable to the case at bar.
Having answered all the objections of the counsel, and reached conclusions in this
case, at least to its own satisfaction, the court proceeds now to say that upon the
filing of an amended bill, for which on application leave will be given, alid if an
amended bill when so filed shall have the errors hereinbefore pointed out corrected,
and shall show on its face that the United States district attorney for Wyoming
acts under the direction of the Attorney-General of the United States in bringing
such a bill, which statement this bill does not contain, this court will hold that a
remedy by injunction does lie in such a case, provided the facts are such as are ad-
mitted by the demurrer to this bill, and are averred according to the well known rules
of equity courts, and such bill shall be otherwise conformable to equity and the stat-
utes of Wyoming governing equity practice. The demurrer to this bill must be sus-
tained for the defects hereinbefore pointed out.
STATES AND TERRITORIES, 1776 TO DECEMBER 1, 1883.
[See Chapter XXXIII, pages 416 to 464.]
The Territories remain as on pages 452 to 464, no changes in boundaries except in
the case of Dakota, where the southern boundary of that Territory, being the northern
boundary of Nebraska, was changed so as to conform to natural boundaries. (See act
approved March 28, 1882.)
* AREA AND POPU IATION.
The area as given on pages 28 and 29, and 452 to 464, is correct to December 1, 1883.
The population as shown on pages 28 and 29 is correct to 1880, the date of the last
national census.
NO NEW STATES SINCE 1880.
No State has been admitted into the Union since June 30, 1880. The matter on
pages 416 and following is correct to December 1, 1883. The present Territories are
New Mexico, Utah, Washington, Dakota, Arizona, Idaho, Montana, Wyoming. Alaska
not organized. Indian Territory (not a political division under law of Congress as are
the eight above mentioned), the “public land strip,” and the District of Columbia.
!
1180 FUTURE STATES AND RATIO of REPRESENTATION.
FUTURE STATES.
The eight organized Territories will probably be admitted into the Union as ten
or eleven States—Dakota forming, with parts of Montana and Wyoming, four States,
one of which will probably be called Lincoln, one Dakota, and one Pembina, and the
other Garfield. The vast arid regions embraced within the lines of some of these
Territories necessitate large State boundaries. Nomadic life is consequent upon an
arid region, and no dense population can be sustained in many of the Territories.
The precious metal mining regions, generally in the foot-hills or mountains, contain
large populations, but in many instances the food and supplies used therein are trans-
ported from States of the arable region. The enormous area of some of the Territories
might be a standing menace to the balance and perpetuity of the Union, were the
lands agricultural without irrigation, as are the lands of the Mississippi Valley, and
therefore capable of sustaining a population, as for illustration, equal in numbers per
Square mile to the population of the State of Illinois. They might become nurseries
for future republics. But large areas in these regions are balanced by sterility. The
Union when the present Territories are admitted into the Union will probably consist
of the present thirty-eight States, an additional State, “Lower California,” from the
southern half of the present State, and two States perhaps Western and Northern
Texas, from the State of that name, and in addition the States of New Mexico, Utah,
Washington, Dakota (and from the remainder the States of Lincoln and Pembina and
Garfield), Arizona, Idaho, Montana, Wyoming, Alaska (with another name perhaps),
Indian Territory as Okolohoma; in all, fifty-four States. The “Public land strip "
will become a part of Kansas or Indian Territory, and the District of Columbia be the
one remaining Territory. New Mexico and Utah have been Territories for thirty-three
years, Washington thirty years, Dakota twenty-two years, Arizona and Idaho twenty
years, Montana nineteen years, and Wyoming fifteen years. -
Before the end of the century it is probable that the nation will be completed, and
all of the Territories rounded into States. The wants and necessities of political par-
ties, however, frequently create or prevent the admission of States, and they may all
be admitted before ten years. Alaska may not be the last admitted. The field of
adventure is now so limited for prospectors and pioneers that her gold fields, furs,
and timber wealth may induce a rush and consequent large population. A name,
signifying something in the history of the United States, might be substituted for
Alaska. In the naming of our States and Territories, with the exception of Wash-
ington, names connected with our National history have been carefully avoided.
Why, will be a query for the future historian. A few Indian names have fortunately
crept in, so that some of our States will have American or aboriginal names.
IRATIO OF REPRESENTATION.
Each State in the Union is entitled to not less than one member of the House of
Representatives. The following table will show the number of persons requisite for
a Congressional district during the several decades to 1880. Iły reference to pages
28–29 and pages 416 to 452 the dates of admission of the several States will be found.
ENACTED BY CONGRESS AND BASED ON RETURNS OF THE NATIONAL CENSU.S.
Persons.
The ratio of representation from 1793 to 1803 was 1 Representative for every -- 33,000
The ratio of representation from 1803 to 1813 was 1 Representative for every -- 33, (00
The ratio of representation from 1813 to 1823 was 1 Representative for every -- 35,000
The ratio of representation from 1823 to 1833 was 1 Representative for every .. 40,000
The ratio of representation from 1833 to 1843 was 1 Representa ive for every .. 47,700
The ratio of representation from 1843 to 1853 was 1 Representative for every -- 70, G80
The ratio of representation from 1853 to 1863 was 1 Representative for every -- 93,423
The ratio of representation from 1863 to 1873 was 1 Representative for every -- 127,381
The ratio of representation from 1873 to 1883 was 1 Representative for every ... 131,425
The ratio of representation from 1883 to 1893 is 1 Representative for every---- 154, 325
of
PopULATION OF STATES AT DATE OF ADMISSION INTO UNION. 1181
POPULATION OF THE SEVERAL STATES AT DATE OF ADMISSION INTO THE UNION.
It will be noticed by the table below that several of the States, at the date of their
admission, did not have the number of persons requisite to entitle them to a member
of the House, based on the ratio of representation. The population of many of these
States at the date of their admission is estimated, and the data used was undoubtedly
the population reported by the preceding census: - -

State. Admitted. | Population.
Vermont--------------------------------------------------------------------- 1791 85,425
Kentucky ------------------------ sº sº is is sº * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1792 73, 677
Tennessee ------------------------------------------------------------ • gº º º ºs º º 1796 77,262
Ohio ------------------------------------------------------------------------- 1802 41, 915
Louisiana -------------------------------------------------------------------- 1812 76, 556
Indiana ---------------------------------------------------------------------- 1816 63, 897
Mississippi ----------------------------------------------------------------- 1817 75,448
Illinois.---------------------------------------------------------------------- 1818 34, 620
Alabama--------------------------------------------------------------------- 1819 144,317
Maine------------------------------------------------------------------------ 1820 298,269
Missouri.----------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - 1821 66,557
Arkansas -------------------------------------------------------------------- 1836 52, 240
Michigan ----------------------------------------------------- - - - - - - - - - - - - - - - 1837 200,000
Florida ...... ................................................ - - - - - - - - - - - - - - - 1845 54,477
Texas------------------------------------------------------------------------ 1845 250,000
Iowa------------------------------------------------------------------------- 1846 81, 920
Wisconsin ------------------------------------------------------------------- 1848 210,596
California------------------------------------------ * - - - - - - - - - - - - - - - - - - - - - - - - - 1850 107,000
Minnesota ------------------------------------------------------------------- 1858 150,042
Oregon.---------------------------------------------------------------------- 1859 52,465
Kansas ---------------------------------------------------------------------- 1861 107,206
West Virginia --------------------------------------------------------------- 1863 376,683
Nevada.". -------------------------------------------- tº e s sº º ºs ºs ºº tº sº tº sº tº gº tº e º ſº tº gº º sº dº & 1864 6,857
Nebraska (estimated).--------------... - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1867 60,000
Colorado (estimated).-------------------------------------------------------- 1876 - 150,000
* At the census of 1870, 42,491.
REPORTS AS TO RESOURCES OF THE TERRITORIES.
For a valuable series of reports as to the resources and wants of the several Terri-
tories see the reports of the surveyors-general of the several Territories made to and
included in the annual reports of the Commissioner of the General Land Office for the
years 1850 to 1883. Also see annual reports of agents and superintendents of the In-
dian service, in the reports of the Commissioner of Indian Affairs for 1850 to 1883.
Also see annual reports of the governors of the several Territories to the Secretary of
the Interior, included in the annual repolts of the Secretary of the Interior from 1877
to 1883. This system of reports from governors of Territories was inaugurated by
Secretary Schurz. -
Officers of the Territories appointed by the President, confirmed by the Senate, and paid by
the United States, December 1, 1883.
[Secretary acts as governor during absence of governor.]
GOVERNORS AND SECRETARIES.


Date of origi-
Whence tº Date of present Compen-
Name and office. appointed. ºppoint appointment. sation.
ARIZONA.
Frederick A. Tritle, governor................. New ...... Feb. 6, 1882 | Feb. 6, 1882 $2, COO
Hiram M. Van Arman, secretary .............. Cal. -----. Mar. 17, 1882 | Mar. 17, 1882 1,800
- DAKOTA.
Nehemiah G. Ordway, governor............... N. H. . . . . . May 22, 1880 | May 22, 1880 2,600
James II. Teller, Secretary ...-...-----...----..... Ohio ...... Feb. 21, 1883 : Feb. 21, 1883 1,800
1182 EXECUTIVE OFFICERS OF TERRITORIES, 1885.
Officers of the Territories appointed by the President, &c.—Continued.
GOVERNORS AND SECRETARDES-Continued.

Date of origi-
Whence sº Date of present | Compen-
Name and office. appointed. ºppoint appointment. sation.
IDAHO.
John N. Irwin, governor ---------------------. Iowa------ Mar. 2, 1883 || Mar. 2, 1883 $2,600
Edward L. Curtis, secretary ------------------. Idaho..... Mar. 3, 1883 || Mar. 3, 1883 1, 800
MONTANA.
J. Schuyler Crosby, governor ....... ---------. N. Y. - - - - - Aug. 4, 1882 || Aug. 4, 1882 2,600
Isaac D. McCutcheon, secretary ............... Mich ..... Apr. 21, 1832 Apr. 21, 1882 1,800
NEW MEXICO.
Lionel A. Sheldon, governor-...----------------- Ohio ...... May 5, 1881 May 5, 1881 2,600
William G. Ritch, secretary ....... ------...----- Wis -----. Mar. 18, 1873 June 28, 1880 1,800
UTAH,
Eli H. Murray, governor----------------------. Rºy ------- Jan. 27, 1880 || Jan. 27, 1880 2, 600
Arthur L. Thomas, secretary.----------------- Pa. ------. May 2, 1879 May 1, 1883 1,800
WASHINGTON.
William A. Newell, governor.......-----...---| N. J. ------ Apr. 26, 1880 Apr. 26, 1880 2,600
Nicholas H. Owings, secretary............... -- Col ------. Feb. 5, 1877 Feb. 5, 1881 1,800
WYOMING. • ,
William Hale, governor . ......................] Iowa.----- Aug. 3, 1882 || Aug. 3, 1882 2,600
Elliott S. N. Morgan, secretary. --...------...--. Pa. ------. Mar. 10, 1880 Mar. 10, 1880 1,800
OTHER UNITED STATES OFFICERS IN THE TERRITORIES.
The judges, a chief justice and two associates, except in Dakota where there are
three associates, are appointed by the President, confirmed by the Senate, and paid by
the United States. The district attorney and United States marshal for each Terri-
tory are also appointed, confirmed, and paid in the same manner. These, with the ex-
ecutive officers above set out, are the United States officers for Territories. District
land officers, collectors of customs, postmasters, and internal-revenue officers are ap-
pointed by the President as in the States, and under general laws relating to these
different subjects.
LEGISLATION AS TO THE TERRITORIES.
[1876 to December 1, 1883.)
Much general legislation in relation to the several Territories was passed during
the Forty-fourth, Forty-fifth, Forty-sixth, and Forty-seventh Congresses, generally in
the matter of court terms, repeal of enactments of legislative assemblies of the Ter-
ritories (the laws of such are reported to Congress after each assembly session for
approval or rejection), and regulating the sessions of the legislative assemblies
of the several Territories; this last in 1879–1880, also creating new land districts.
The date of their creation is shown on pages 555, 556, and also the legisation making
the commission to regulate elections in Utah in the Forty-seventh Congress, first ses-
sion. The action of the Forty-sixth and Forty-seventh Congresses as to the admis-
sion of Territories into the Union as States is given in full.
NEw MExico.
(See page 452.)
In the Forty-fourth Congress, 1875–76, the bill introduced by Hon. Stephen B.
Elkins, the Delegate from the Territory of New Mexico, in the House of Representa-
tives, for its admission into the Union, failed to become a law only by non-action of
the Senate.
NEW MEXICO AND UTAH TO DECEMBER 1, 1883. 11.83
Forty-sixth Congress, third session, Senate, December 21, 1880 (Congressional
Record, page 286). Mr John J. Ingalls, of Kansas, introduced, by unanimous con-
sent, bill S. No. 1949, to enable the people of New Mexico to form a constitution and
for her admission into the Union. Read twice by its title, and referred to the Commit-
tee on Territories and ordered to be printed. - *
Forty-seventh Congress, first session, Sena'e, December 7, 1881 (Congressional
Record, page 51). Mr. J. J. Ingalls, of Kansas, asked and obtained unanimous con-
sent to introduce a bill for the admission of the Territory of New Mexico into the
Union. Ordered to lie on the table subject to call of Mr. Senator Ingalls.
Forty-seventh Congress, first session, House of Representatives, December 19, 1881
(Congressional Record, page 207). Mr. T. Luna, of New Mexico, introduced bill H. R.
No. 1922, for the admission of the Territory of New Mexico into the Union as a State.
Read first and second times, ordered printed, and referred to the Committee on the
Judiciary; reference changed to Committee on Territories January 24, 1882.
LTAH.
(See page 453.)
Forty-sixth Congress, first session, House of Representatives, May 6, 1880 (Con-
gressional Record, page 1089). Mr. Geo. Q. Cannon, of Utah, introduced bill H. R. No.
1757, to enable the people of Utah Territory to form a constitution and State govern-
ment, and for the admission of said State into the Union on an equal footing with the
original States. Read first and second times and referred to the Committee on Terri-
tories, and ordered to be printed. *. *
Forty-seventh Congress, first session, House of Representatives, June 23, 1882
(Congressional Record, page 5282). The Speaker laid before the House a memorial
from the delegate convention of the Territory of Utah, asking Congress to admit the
Territory of Utah into the Union as a State, which memorial was accompanied by a
draft of a constitution for said State, said to have been approved by the citizens of
that Territory. Referred to Committee on Territories and ordered to be printed.
Petitions were filed during the session for and against the admission of Utah as a
State.
Forty-seventh Congress, first session, Senate, February 20, 1882 (Congressional
Record, page 1284). Mr. E. G. Lapham, of New York, introduced bill S. No. 1263, to
amend the act establishing a Territorial government for Utah, passed September 9,
1850, and amendments, and to change the name to “Altamont '. Read twice by its
title, and referred to the Committee on the Judiciary.
Forty-seventh Congress, second session Senate, December 20, 1882 (Congressional
Record, page 457). Mr. A. Saunders, of Nebraska, by request, asked and obtained leave
to introduce a bill (S. No. 2272) for the admission of the State of Utah. Read twice
by its title, and, with the accompanying papers, referred to the Committee on Terri-
tories. - -
The legislation for the suppression of polygamy in Utah during the first session
Forty-seventh Congress is contained in “an act to amend section 5352 Revised Stat-
utes” in reference to the suppression and punishment of polygamy, passed March 22,
1882. Under this law the President appointed commissioners, who were confirmed
by the Senate. They supervise registration of voters and elections in Utah. They
reside at Salt Lake City.
Board of registration and election in the Territory of Utah, December 1, 1883.

Date of ap-
Name. State. pointment. Salary.
Alexander Ramsey, chairman -----------------------------------. Minn ..... June 23, 1882 $5,000
Ambrose B. Carlton.------------------------------- * º ºs º ºs ºs s = e = * * * * Ind------- June 23, 1882 5,000
George L. Godfrey ---------------------------------------------- Iowa. ----. June 23, 1882 5, 600
Algernon S. Paddock--------------------------------------------. Neb ...----- June 23, 1882 5,000
James R. Pettigrew.---------------------------------------------- Ark ------ June 23, 1882 5,000
º
M---
1184 WASHINGTON AND DAKOTA To DECEMBER 1, 1883.
wASHINGTON.
º (See page 454.)
Forty-sixth Congress, first session, House of Representatives, April 11, 1879 (Con-
gressional Record, page 644). Mr. T. H. Brents, of Washington Territory, introduced
H. R. No. 1290, for the admission cf the State of Washington into the Union. Read a
first and second time, and referred to the Committee on Territories and ordered to be
printed. -
Forty-seventh Congress, first session, House of Representatives, December 19, 18-1
(Congressional Record, page 207). Mr. T. H. Brents introduced bill H. R. No. 1926,
for the formation of a State government therein and the admission of the Territory
of Washington into the Union. Read first and second time, referred to the Commit-
tee on Territories, and ordered to be printed.
Forty-seventh Congress, first session, House of Representatives, March 9, 1882 (Con-
gressional Record, page 1759). Mr. N. W. Aldrich, of Rhode Island, from the Commit-
tee on Territories, reported back, with amendments, H. R. No. 1925, bill and recom-
mended its passage. Referred to the Committee of the Whole House, and accompany-
ing report (No. 690, first session Forty-seventh Congress) ordered to be printed.
DAKOTA.
(See page 454.)
DAKOTA.
(Without division.)
Forty-sixth Congress, third session, House of Representatives, December 6, 1880
(Congressional Record, pages 11 and 12). Mr. G. G. Bennett, of Dakota, introduced bill
H. R. No. 6512, providing for the admission of Dakota as a State. Read first and
second time, and referred to Committee on Territories and ordered to be printed.
Forty-sixth Congress, third session, Senate, December 8, 1880 (Congressional Record,
page 34). Mr. A. S. Paddock, of Nebraska, asked and, by unanimous consent, obtained
leave to introduce a bill (S. No. 1879) to enable the people of Dakota to form a con-
stitution and State government, and for the admission of the State into the Union on
an equal footing with the original States. Read twice by its title, and referred to the
Committee on Territories.
THE TERRITORY OF PEMBINA.
ALL THAT PORTION OF DAKOTA NORTH OF 460 NORTH LATITUDE.
Forty-sixth Congress, second session, House of Representatives, January 7, 1880 (Con-
gressional Record, page 223). Mr. G. G. Bennett, Delegate from Dakota, introduced bill
H. R. No. 3225, establishing the Territory of Pembina (from the northern portion of the
Territory of Dakota north of latitude 469) and to provide a temporary government
therefor. Read a first and second time, and referred to the Committee on Territories.
Forty-sixth Congress, second session, Senate, March 22, 1880 (Congressional Record,
page 1769). Mr. S. J. Kirkwood, of Iowa, introduced bill S.No. 1516, establishing the
Territory of Pembina, and providing a temporary form of government therefor. Read
first and second times by title, and referred to Committee on Territories.
Forty-seventh Congress, first session, Senate, December 5, 1881 (Congressional Record,
page 3). Mr. A. Saunders, of Nebraska, introduced bill S. No. 18, establishing the Ter-
ritory of Pembina, from that portion of Dakota Territory north of latitude 460, and
providing a temporary government theºefor. Read first and second time and laid on
the table, to be referred to the Committee on Territories when appointed.
NORTH DAKOTA.
The same area as Pembina, being the northern portion of the present Territory of
Dakota. -
Forty-seventh Congress, first session, Senate, December 6, 1881 (Congressional Rec-
ord, page 21). Mr. W. Windom, of Minnesota, introduced bill S.No. 158, establishing
*
!
DAKOTA TO DECEMBER 1, 1883. 1185
the Territory of North Dakota and providing a temporary government therefor
(being all of Dakota north of 469 latitude). Read first and second time by its title
and ordered to lie on the table, to be referred to the Committee on Territories when
appointed. -
Forty-seventh Congress, first session, House of Representatives, December 19, 1881
(Congressional Record, page 206). Mr. R. F. Pettigrew, of Dakota, introduced bill H.
R. No. 1889 (same text as bill S. 158, above), establishing the Territory of North
Dakota.
Read first and second time, referred to the Committee on Territories, and ordered
to be printed.
Forty-seventh Congress, first session, House of Representatives, February 25, 1882
(Congressional Reccord, page 1449). Mr. W. W. Grout, of Vermont, from the Commit-
tee on Territories, reported as a substitute for bill H. R. No. 1889 (bill above) bill H.
R. No. 4672, establishing the Territory of North Dakota and providing a temporary
government therefor. Read a first and second time, referred to the House Calendar,
with accompanying report, and ordered to be printed. (See House Mis. Doc., first sess.
Forty-seventh Congress, No. 552).
For petitions for admission of North Dakota, see Congressional Record, first session
Forty-seventh Congress, pages 264, 303, and 401.
Forty-seventh Congress, second session, House of Representatives, February 5, 1883
(Congressional Record, page 2105). Mr. W. W. Grout, of Vermont, moved to suspend
the rules to take from the House Calendar bill H. R. 4672, establishing the Territory of
North Dakota and providing a temporary government therefor. A discussion followed.
On the call of the ayes and nays, the ayes were 151; nays, 110; not voting, 30. Two-
thirds of the members not having voted in favor of the motion, it was lost, and the
rules were not suspended.
SOUTHERN PORTION OF DAKOTA.
SOUTH OF 469 NORTH LATITUDE.
Forty-seventh Congress, first session, Senate, December 6, 1881 (Congres-onal
Record, page 190). Mr. A. Saunders, of Nebraska, introduced bill S. No. 112, vo en-
able the people of Dakota to form a State government and for her admission into the
Union. Read first and second time; referred to Committee on Territories when ap-
pointed. -
Forty-seventh Congress, first session, Senate, 'Yecember 6, 1881 (Congressional
Record, page 21). Mr. William Windom, of Minnesota, introduced bill S. No. 157,
same text as above bill S. No. 112, same order and reference. (Dakota south of 469
north latitude.)
Forty-seventh Congress, first session, House of Representatives, December 19, 1881
(Congressional Record, page 206). Mr. R. F. Petigrew, of Dakota, introduced bill H.
R. No. 1886, for the admission of Dakota (south of 46°) into the Union. Read first and
second time, and referred to the Committee on Territories.
Forty-seventh Congress, first session, House of Representatives, February 3, 1881
(Congressional Record, page 1199). Petition of citizens of Pembina County, Dakota,
praying for the division of the Territory of Dakota on the forty-sixth parallel of north
latitude, the north half to be organized as the Territory of Pembina, and the admis-
sion of the south half as the State of Dakota. Petitions for the admission of Dakota,
first session Forty-seventh Congress. (Congressional Record, pages 18,486, and 501.)
Forty-seventh Congress, first session, House of Representatives, February 16, 1882
(Congression Record, page 1220). Mr. J. C. Burrows, of Michigan, from the Commit-
tee on Territories, reported as a substitute for bill H. R. No. 1886 a bill, H. R. No. 4456,
for the admission of the southern portion of Dakota as a State. Read a first and
second time, and referred to the Committee of the Whole House, and with the report
ordered to be printed. (See H. R. Mis. Doc., first session, Forty-seventh Congress,
No. 450.)
75 L O—WOL III
1186 DAKOTA AND ARIZONA TO DECEMBER 1, 1883.
Forty-seventh Congress, first session, Senate, March 20, 1882 (Congressional Record,
page 2045). Mr. A. Saunders, of Nebraska, from the Committee on Territories, re-
ported bill S. 1514, as a substitute for bills S. No. 112 and 157, for the admission of the
southern portion of the Territory of Dakota into the Union as a State. (See Senate
Report, Mis., first session Forty-seventh Congress, No. 271.)
Forty-seventh Congress, first session, Senate, March 21, 1882 (Congressional Record
page 2097). Mr. Eugene Hale, of Maine, presented the protest of N.T. Palmer and
others, remonstrating against the admission of Dakota as a State, alleging repudiation
or attempted repudiations by the county of Yankton and the Territorial assembly of
certain railroad bonds purchased by petitioners in good faith. Ordered to be printed
and to lie on the table. (See first session Forty-seventh Congress, Senate Mis. Doc.,
No. 68.)
Forty-seventh Congress, first session, House of Representatives, March 22 (Congres-
sional Record, page 2140). Mr. J. P. Leedom, of Ohio, presented the views of a minority
of the Committee on Territories against bill H. R. No. 4456, reported by a majority of
the committee for the admission of Dakota as a State. Ordered to be printed with the
report of the majority. (See first session Forty-seventh Congress, House Representa-
tives Mis. Doc. No. 450, part 2.)
For petitions against the admission of Dakota as a State unless woman suffrage was
recognized in the constitution, see Congressional Record, first session Forty-seventh
Congress, pages 2040 and 3493. -
Forty-seventh Congress, first session, Senate, March 27, 1882 (Congressional Record
page 2276). Mr. George G. West, of Missouri, moved to recommit bill S. No. 1514 to Com-
mittee on Territories, alleging that the report accompanying said bill S. No. 271 was
said to be the unanimous report of the committee, which was not the fact. A discussion
followed, participated in by Senators Butler, Garland, Harrison, Saunders, Plumb,
and McMillan. Mr. Hale favored the recommitment, so that the protest filed by him
March 21 might be considered. It was so ordered.
Forty-seventh Congress, first session, Senate, April 5, 1882 (Congressional Record,
page 2598). Mr. A. Saunders, of Nebraska, from the majority of the Committee on Ter-
ritories, reported back bill S. No. 1514, for the admission of the southern part of Dakota
as a State, with the recommendation that it be passed. Placed on the Calendar.
Forty-seventh Congress, first session, Senate, April 10, 1882 (Congressional Record,
page 2725). Mr. George G. West, of Missouri, for a minority of the Committee on Ter-
ritories, submitted views against the admission of the State of Dakota. (See S. Mis.
Report, first session Forty-seventh Congress, No. 271, part 2.)
Forty-seventh Congress, first session, House of Representatives, July 17, 1882 (Con-
gressional Record, page 6150). Mr. J. C. Burrows, of Michigan, by direction of the
Committee on Territories, moved the suspension of the rules and the adoption of a
resolution discharging the Committee of the Whole House from the consideration of
bill H. R. No. 4456 for the admission of the State of Dakota into the Union, and making
the same a special order for December 13, 1882. On the call of the roll for the sus-
pension of the rules the yeas were 102, nays 76, not voting 112; so (two-thirds not
having voted in the affirmative) the motion was lost.
Forty-seventh Congress, second session, Senate, January 5, 1883 (Congressional Rec-
ord, page 870). Mr. J. J. Ingalls, of Kansas, presented a petition of James Finley and
others, of Brown County, Dakota, praying that Dakota be admitted into the Union.
ARIZONA.
(See page 455.)
Forty-seventh Congress, first session, House of Representatives, January 31, 1882
(Congressional Record, page 743). Mr. G. H. Ouray, Delegate for Arizona, introduced
a bill (H. R. No. 3808) for the admission of the Territory of Arizona into the Union.
Read first and second time, and referred to the Committee on Territories and ordered
to be printed.
PUBLIC LAND STRIP. 1187
IDAHO.
(See page 456.)
Forty-seventh Congress, first session, House of Representatives, January 31, 1882
(Congressional Record, page 743). Mr. George Ainslie, Delegate for Idaho, intro-
duced a bill (H. R. No. 3809), for the admission of the Territory of Idaho into the Union.
Read first and second time, and referred to the Committee on Territories and ordered
to be printed.
ALASKA AND INDIAN TERRITORY.
DECEMBER 1, 1883.
(See pages 457 to 462.)
No change in the legislation affecting the status of Alaska or Indian Territory has
taken place since June 30, 1880.
The map of the tribal holdings and surveys in Indian Territory, facing page 462,
has been added. It is correct to June 30, 1883, and, in fact, to December 1, 1883, as uo
changes whatever in surveys or buildings have occurred since 1879, the date of the
Imap.
This map gives in detail the status of the land claim of each tribe of Indians, show-
ing holdings, area, and dates of treaty. The text on pages 459 to 462 is explanatory
of this map. .
PUBLIC LAND STRIP.
(See page 462.)
[To JUNE 30, 1883, see page 1167.]
(Area, about 5,738 square miles, or 3,672,640 acres.)
The entire area of this tract is public domain. The lands embraced therein are not
included within any surveying or land district, and while public domain cannot
be entered as public land under settlement or other land laws, as a specific act of
Congress is necessary to open them to the public.
By the act of Congress approved March 3, 1881, making appropriations for sundry
civil expenses of the Government for the year ending June 30, 1882, there was ap-
propriated the sum of $18,000 for the survey of “correction lines, guide meridians,
and township lines in the strip of public land north of Texas, and bounded on the
north by the States of Colorado and Kansas.” t
Under this act a contract was made with deputy surveyors August 26, 1881, by the
Commissioner of the General Land Office, for the following surveys:
Establish, astronomically, a base line on the parallel of 36°30' north latitude, which
is coincident with the north boundary of Texas, between the 100th and 103d meridians
of longitude west from Greenwich; also, establish, astronomically, and by telegraphic
time signals, a principal meridian of surveys, to be known as the Cimarron meridian
on the 103d meridian of longitude west from Greenwich, being the eastern boundary
of New Mexico, said meridian to be extended from the north boundary of the State
of Texas to its intersection with the south boundary of the State of Colorado; also,
to establish the necessary standard, guide meridian, and township exterior lines
within the said public land strip, provided that the township lines first located shall
be within such part of said public land as is most eligible for settlement or occupa-
tion, and that the gross mileage shall not exceed the sum of $18,000. Certain metallic
corner monuments to be planted at the end of each second linear mile of the respective
lines named.
The returns of these surveys were made direct to the General Land Office.
In his report for 1882 the Commissioner of the General Land Office recommends
“the passage of an act to provide for attaching the lands to the Territory of New
Mexico for the purposes of subdivisional surveys under the United States surveyor-
general, and the disposal of lands thereafter at the United States land office in that
Territory.”
1.188 CENSUS ESTIMATE OF AREAS, 1880.
CENSUS APPROXIMATE ESTIMATE OF AREAS OF STATES, TERRITORIES,
AND COUNTIES IN 1880.
The following area estimate for the United States, as reported by the Census Bureau
September 30, 1881, is inserted for general, information. Besides, the areas of all
counties are given. The General Land Office does not estimate the area of counties.
Townships six miles square are the unit in land parceling surveys. It will be noted that
Mr. Henry Gannett, the accomplished topographer, who prepared the census estimate
of areas, frequently uses and refers to the land office maps for data, and that coast-lines
and boundaries along rivers, harbors, bays, and other bodies of water are estimated in
the census estimate. The General Land Office surveys meander along streams, etc.,
to obtain actual land surface adjacent. The estimates of the General Land Office, pages
28 and 29 herein, are used in the preparation of this work as being accurate enough for all
practical purposes, and as having been used for more than thirty years past, being cor-
rected from year to year. The system of public land surveys, laying the land States and
Territories off in sections six miles square, must surely give a reasonably correct area.
For instance, the whole surface of the States of Ohio, Indiana, Illinois, Iowa, Ala-
bama, Arkansas, Kansas, Mississippi, Missouri, and Wisconsin has been surveyed
under the rectangular system used by the General Land Office. While the areas are
not exact and are constantly being changed by new discoveries of small parcels of
unsurveyed land, for all statistical and historical purposes they are accurate enough.
It can be said that an exactly accurate area or surface survey is about equal to an
impossibility.
THE CENSUS ESTIMATE OF AREAS OF STATES, TERRITORIES, AND COUN-
TIES IN 1880.
DEPARTMENT OF THE INTERIOR, CENSUS OFFICE,
Washington, D. C., September 30, 1881.
SIR: I have the honor to transmit to you here with, for publication as an Extra
Census Bulletin, tables showing the approximate areas of the United States, the sev-
eral States, and their counties.
The necessity for revising the figures which have popularly passed as the areas of
the States presented itself early in the progress of my geographical work in connec-
tion with the census. Of several States a number of estimates of area have been in
use differing from one another by thousands of square miles, and none of them, per-
haps, traceable to any authentic source. Many of the results were palpably wrong
}. so far from the truth that it is a source of surprise that they were not corrected
€10I'ê.
The methods by which I have obtained the areas are fully set forth in the body of
the bulletin. I may say, however, that while most of the areas can be considered as
only approximations, yet they are as close approximations as the maps and the deter-
minations of geographical positions of boundary lines, &c., will permit.
The details of this work were carried out by Mr. F. DeY. Carpenter, to whom I am
º indebted for the formula for the area of a “square degree,” the unit of compu-
all OIl.
Very respectfully yours
ry resp yours, HENRY GANNETT, E. M.,
Geographer Tenth Census.
Hon. FRANCIS A. WALKER,
Superintendent of Census.
APPROxIMATE AREAS OF THE UNITED STATES, THE SEVERAL STATES, AND THE TER-
RITORIES.
The question, What constitutes the area of the United States? is by no means a
simple one. Our jurisdiction extends to a line three nautical miles from the shore,
but this strip of sea cannot properly be regarded as a portion of the country. Sup-
posing our boundary to be restricted to the sea-coast, there remains a question regard-
ing the bays and estuaries of the sea. To what extent should the coast line be fol-
lowed strictly, and where should we begin to jump across the indentations made by
the sea In this matter one can only follow his own judgment, making in each case
CENSUS ESTIMATE OF AREAS, 1880. 1189
as natural a decision as possible, as no criterion whatever can be established. In this
way [see Census Report] I have defined the coast limits, showing by the redline on the
accompanying map what I have taken as the gross area of the country and of the
States, severally.
Method of measurement.
Taking first the United States (with the exception of Alaska) as a whole, its area
was determined by summing up the square degrees, i. e., the regions comprised be-
tween consecutive parallels and meridians. Along the coast and the boundary lines
of the country the areas of the fractional square degrees were obtained by direct
measurement by means of scales, in every case measuring the smaller portion, whether
land or water, to avoid, as far as possible, the errors incident to the projections and
scales of the maps. - -
The Atlantic, Pacific, and Gulf coasts were measured on charts of the Coast Survey;
the shore lines of the great lakes on those of the United States Lake Survey; and
the boundary with Mexico on the maps of the Mexican Boundary Commission. The
northern boundary follows the parallel of 492 to the Lake of the Woods. Thence to Lake
Superioris a weak place where we are dependent upon the map of Hind's exploration.
The northern boundary, east of the portion covered by the charts of the Lake Survey,
was measured on the maps of the several international boundary commissions. A sec-
ond weak spot exists on the eastern boundary of Maine, from Schoodic Lake to the
Atlantic coast. This is covered by no authentic map, but measurements made on sev-
eral different maps agree very closely.
We find, then, that the whole contour of the country is given by surveys whose
accuracy is unquestioned, excepting in the two spots above mentioned, i. e., from
Lake of the Woods to Lake Superior, and from Schoodic Lake to the Atlantic. The
measurements, made with the utmost care and several times repeated, can embody
but very slight errors, and it is not probable that the two weak places in the boundary
allow any considerable error.
The areas of the square degrees were computed by the following formula, derived
by Mr. F. DeY. Carpenter: -
T ... 1 1
Area=gº (M-M) NRm sin à (L'—L) cos 3 (L'+L),
in which M' and M are the longitudes of the limited meridians, M'—M being in de-
grees or fractions of a degree; N is the normal to the middle latitude, in miles; R, the
radius of curvature of the meridian at the middle latitude, in miles; L' and L, the
limiting latitudes; and m = 1.004285. The resulting area is in square miles.”
The areas of the square degrees entirely comprised within the limits of the coun-
try, and of those whose areas are more than one-half within, were computed by the
above formula. From the latter were subtracted the portions lying without our limits,
as determined by direct measurement, and to the whole were added the results of
measurements of the remaining portions, i. e., those not included in the computed
square degrees.
The areas of the several States and Territories were determined in a similar man-
ner. . In cases such as those of Colorado, Wyoming, and Utah, where a State or
Territory is limited on all sides by parallels and meridians, the exact determination
of its area is an easy matter. In cases where the square degree is divided by the
boundary line into two or more parts, these parts were distributed between or among
the States by direct measurement from the best available maps, the sum of the parts
being made to equal the whole, as determined by computation. The great source of
error in the areas of the States is due, not to errors of measurement, which may be
regarded as trifling, but to uncertainty in the location of the boundary lines between
them. Until these shall have been accurately established, all measurements of cer-
tain States can be regarded as only approximations. Thus the position of the bound-
ary between Virginia and West Virginia is not known within several miles, leaving
sufficient latitude for an error of several hundred square miles in each State. What-
ever may ultimately be taken from the area of one, by a correct location of this
boundary, will be added to the other.
Another point to be considered is that of errors in surveying and marking those
boundaries which, by law, have been established on certain lines, such as parallels or
meridians. It is well known that many State and Territorial boundaries have been
very badly surveyed, in some cases the errors amounting to miles. In such cases I
have accepted as the boundary that established by law, as it is, of course, impossible
to define the locations of the boundary stakes.
*For a full discussion of this formula, see article by Mr. Carpenter, in Van Nostrand's Engineering
Magazine, for December, 1880, p. 457.
1190
CENSUS ESTIMATE OF AREAs, 1880.
The following table gives the total areas of the States and Territories, as defined
on the map and in the notes following the table, the area of coast waters, of rivers,
&c., of lakes and ponds, of total water area, and the net land surface of the States
and Territories:
Summary of areas of States, Territories, &c.
[In square miles.]

a'ſ § e
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£8 # # 3 §
aſſ * as p: 5
* £5 O dº à
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# | ## ## g # | #
cº ** | . . . ; §: .º.
ad +: $– º º
º # #5, # 3 3. 3.
© *** CS O ©
Ö O £3 H H H
Total -------------------------------- 3,025,600 17, 200 14, 500 23,900 55, 600 2, 970, (100
Alabama ------------------------------ 52,250 440 260 10 710 51,540
Arizona ------------------------------- 113,020 ---------- 80 20 100 112, 920
Arkansas.----------------------------- * * * * * * * * * * * - - - - 540 265 805 53,045
California. ----------------------------- 158, 360 540 240 1,600 2, 380 155,980
Colorado------------------------------- 103,925 ---------. 270 10 280 103,645
Connecticut.--------------------------- * 25 80 40 145 4,845
Dakota -------------------------------- 149, 100 ||---...----. 610 790 1,400 147,700
Delaware ------------------------------ ? 30 60 ---------- 90 , 960
District of Columbia.------------------ 70 ---------. 10 ---------. 10 60
Flori * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 58,680 1, 800 390 2,250 4,440 54, 240
Georgia.-------------------------------- 59, 475 150 300 45 495 58,980
Idaho ---------------------------------- 84, 800 |.......... 200 310 510 84, 290
Illinois -------------------------------- 56,650 |- - - - - - - - - - 515 135 650 56,000
Indiana -------------------------------- 6, 350 |---------- 330 110 440 35,910
Indian Territory----------------------. , 690 l.--------. 600 1---------- 600 64,090
Iowa. ---------------------------------- 56,025 |--------- 450 100 550 55, 475
Ransas -------------------------------- 82,080 ||------.... 380 ---------- 380 81,700
Kentucky ----------------------------- 40, 400 ---....... 375 25 400 40,000
Louisiana------------------------------ 48,720 1,060 540 | 1,700 3, 300 45,420
Maine --------------------------------- 33,040 545 300 2,300 3, 145 29, 895
Maryland.----------------------------- 12, 210 1,850 500 ---------- 2, 350 9, 860
Massachusetts gº º ºs e º is tº gº us tº E as e º e º sº tº º is sº sº º tº º 8, 315 125 60 90 275 8,040
Michigan ------------------------------ 58, 915 ---------- 260 1,225 1,485 57,430
nnesota. ----------------------------- 83, 365 ||---------. 360 3,800 4, 160 79,205
Mississippi tº gº tº ſº e º º ºs º gº gº º ºs º ºs º º sº e º is m = n = * * * 46, 810 30 340 100 470 46, 340
Missouri. ------------------------------ 69, 415 |. --------- 630 50 680 68,735
Montana. ------------------------------ 146,080 |..--...----. 410 360 770 145,310
Nebraska ------------------------------ 76, 855 |. --...------ 630 40 670 76, 185
Nevada -------------------------------- 110, 700 |. --...----- 35 925 960 109,740
New Hampshire ----------------------- 9, 305 ||---------. 80 220 300 , 005
New Jersey---------------------------. 7, 815 205 120 35 360 7, 455
New Mexico.--------------------------- 122,580 !.......... 115 5 120 122,460
New York ----------------------------- 49, 170 350 300 900 1, 550 47, 620
North Carolina ------------------ tº e º se tº s 52,250 3,260 250 160 3, 670 48, 580
Ohio ---------------------------------. 41,060 ---------. 140 160 300 40,760
Oregon--------------------------------- 96,030 50 500 920 1,470 94, 560
Pennsylvania -------------------------- 45,215 ---------. 200 30 230 44, 985
Rhode Island-------------------------- 1,250 135 10 20 165 1,085
South Carolina------------------------- 30, 570 215 180 5 400 30, 170
Tennessee ----------------------------. 42,050 ---------. 200 100 300 41,750
Texas---------------------------------. 265, 780 2, 510 800 180 3,490 262,290
Utah ---------------------------------. 84, 970 |. ---...----. 80 2,700 2,780 82, 190
Vermont------------------------------- , 565 |---------- 50 380 430 9, 135
Virginia ------------------------------- 42, 450 1,780 520 25 2, 325 40, 125
Washington --------------------------- 69, 180 1, 380 560 360 2,300 66,880
West Virginia ------------------------- 24, 780 ---------. 135 - - - - ------ 185 24,645
Wisconsin ----------------------------. 56,040 ---------- 420 1, 170 1, 590 54,450
Wyoming------------------------------ 97, 890 ---------- 85 230 315 97, 575
TJnorganized territory.------ *** * * * * * * * * , 740 ----------|-------- * * * * * * * * * * * * * * * * * * * * * * * * 5,740
Telaware Bay ------------------------. 620 620 ----------|---------- 620 l. --. ------
Raritan Bay and lower New York Bay. 100 100 ----------|---------- 100 --------- e
ALABAMA.
Includes Mobile Bay, half of Perdido Bay, and half of the boundary portions of
the Perdido and Chattahoochee Rivers.
Authorities.—For Gulf coast, Coast Survey maps; for east and west boundaries,
Land Office maps, Coast Survey “sketches,” and Engineer Office maps.
boundary is taken at latitude 359. The south boundary, from Perdido River to Chat-
tahoochee River, follows the parallel of 31°.
The north
CENSUS ESTIMATE OF AREAs, 1880. 1.191
ARIZONA.
Includes half of boundary portion of Colorado River.
Authorities.—For the Colorado River, Wheeler's maps; for the Mexican boundary,
maps of the Mexican Boundary Survey.
ARKANSAS,
mºdes half of boundary portion of Red River, Mississippi River, and Saint Francis
1V GI’.
Authorities.—South boundary taken at 33° 00'; north boundary taken at 36° 30'.
For the east boundary, Land Office maps and Coast Survey “sketches,” after com-
parison with Engineer Office maps; for Red River, Texas land office maps; for bound-
ary with Indian Territory, Ruffner's map of Indian Territory.
CALIFORNIA.
Includes bays of San Francisco, False, and San Diego. Includes half of boundary
portion of Colorado River. Includes the portion of Lake Tahoe within State line.
Authorities.—For the Pacific coast, Coast Survey maps; for the Nevada boundary
south of latitude 399, Wheeler's maps; for the Colorado River, Wheeler's maps; for
the boundary with Lower California, Mexican Boundary Survey.
COLORADO,
Is limited on all sides by parallels of latitude and meridians of longitude, and its
area is simply a matter of computation.
CONNECTICUT.
Includes the various inlets and river-mouths along the shores of Long Island Sound.
Authorities.—For Long Island Sound, the Coast Survey maps; for the west boundary,
French's map of New York and Colton's map of Connecticut; for the north boundary,
Walling and Gray's atlas of Massachusetts; for the east boundary, Colton's map of
Connecticut and Thompson's map of Rhode Island.
IXISTRICT OF COLUMBIA,
Includes boundary portion of the Potomac River. . .
Authority.—McClelland's map of the District of Columbia.
DAKOTA.
Includes half of boundary rivers and lakes.
Authority.—For boundary rivers and lakes, Land Office map of Dakota, after com-
parison with Engineer Office map.
IXELAWARE,
Includes half of the boundary portion of the Delaware River as far south as
Cohansey Creek; also Rehoboth Bay and Indian River.
Awthorities.—For the Atlantic coast, Delaware Bay, and the Delaware River south
of latitude 399 30', the Coast Survey maps; for the Delaware River north of 39° 30',
the Geological Survey map of New Jersey; for the remaining boundaries, Colton's
maps and the Eclectic Geography maps.
FLORIDA.
Includes half of Perdido Bay and half of the boundary portions of Perdido, Chat-
tahoochee, and Saint Mary’s Rivers; also Pensacola Bay, Santa Rosa Sound, Choctaw-
hatchee Bay, Saint Andrew’s Bay, Saint Joseph's Bay, Apalachicola Bay, Oklokonee
Bay, Tampa Bay, Charlotte Harbor, Oyster Bay, and the inlets, lagoons, and sounds
of the Atlantic coast.
Authorities.—For the coast line, the Coast Survey maps; for the north boundary, the
Land Office maps and the Coast Survey “sketches.”
1.192 CENSUS ESTIMATE OF AREAS, 1880.
GEORGIA.
Includes half of the boundary portions of Chattahoochee, Saint Mary’s and Savannah
Rivers, and half of Cumberland Sound and Tybee Roads; also Saint Andrews Sound,
Saint Simon's Sound, Altamaha Sound, Doboy Sound, Sapelo Sound, Saint Catherine
Sound, Ossabaw Sound, and Warsaw Sound.
Authorities. For south and west boundaries, the Land Office maps and Coast Survey
“sketches”; for the Atlantic coast, the Coast Survey charts; for the boundary with
flººgºolina, the Coast Survey “sketches.” The north boundary is taken at lati-
U1010 59°,
IDAHO.
For west boundary and authorities, see Oregon and Washington. Boundary with
Montana, summit of Bitter Root Mountains.
Authority.—Engineer Office map.
ILLINOIS.
oº:: half of boundary portion of Mississippi and Wabash Rivers, but none of
io River.
Authorities.—The north boundary is taken at latitude 429 29' 30”; for the Lake
Michigan coast, the Lake Survey maps; for the other boundaries, the Land Office
and Engineer Office maps.
INDIANA.
Includes half of boundary portion of Wabash River, but none of the Ohio River.
Authorities.—For the shore of Lake Michigan, the Lake Survey maps; for the re-
maining boundaries, the Land Office and Engineer Office maps.
INDIAN TERRITORY.
Includes half of boundary portion of Red River.
Authority.—Ruffner's map of Indian Territory.
(Includes “Greer County,” disputed territory with Texas.)
IOWA.
Includes half of boundary rivers.
Authorities.—For the east, south, and west boundaries, the Land Office and Engineer
Office maps. The north boundary is taken at latitude 43° 30'.
KANSAS.
Includes half of boundary portion of Missouri River.
Authority.—Land Office map, checked by Engineer Office map.
KENTUCKY.
Includes half of boundary portion of Mississippi and Big Sandy Rivers and all of
boundary portion of the Ohio River.
Authorities.—For the south boundary, the Coast Survey “sketches” and Killebrew’s
map of Tennessee; for the north and west boundaries, the Land Office and Engineer
Office maps; for the east boundary, Colton's maps and the Eclectic Geography maps.
LOUISIANA.
Includes half of Sabine Lake and half of the boundary Portiºns of Sabine, Missis-
sippi, and Pearl Rivers. Includes the bays of Vermillion, Cote Blanche, Terrebonne,
Timbalier, and Barataria, and the lakes of Calcasieu, Pontchartrain, and Borgne.
Authorities.—For the western boundary, the Texas land office map; for the Gulf
coast, the Coast Survey maps; for Pearl River, the Land Office maps, checked by the
Engineer Office map; for the Mississippi River, the Land Office maps and Coast Sur-
vey “sketches,” checked by Engineer Office maps.
MAINE.
Includes half of the boundary portions of the Saint John, Saint Croix, and Piscata-
qua Rivers. Includes only such arms of the sea as are decidedly landlocked.
Authorities.—For the coast, the Coast Survey maps; for the eastern boundary, the
CENSUS ESTIMATE OF AREAS, 1880. 1193
maps of the British Boundary Survey and Walker and Miles's atlas of Canada ; for
the northern and northwestern boundaries, the maps of the British Boundary Survey;
for the boundary with New Hampshire, Walling and Hitchcock's atlas of New Hamp-
©,
MARYLAND.
Includes Assateague Bay, Isle of Wight Bay, Tangier Sound, the interior portion of
Chesapeake Bay, and the boundary portion ðf the Éotomac River.
Authorities.—For the Atlantic coast, Chesapeake Bay, the Potomac River south of
the District of Columbia, and the boundary with Southern Delaware, the Coast Sur-
vey maps; the north boundary taken at latitude 39°43'26"; for the remaining bound-
aries, Colton's maps and the maps of the Eclectic Geography.
MASSA CHUSETTS,
Includes Boston Harbor.
Authorities.—For the coast, the Coast Survey maps; for the north boundary, Walling
and Gray's atlas of Massachusetts and Walling and Hitchcock's atlas of New Hamp-
shire; for the remaining boundaries, Walling and Gray's atlas of Massachusetts.
MICHIGAN.
Includes half of Montreal and Menominee Rivers; includes half of Saint Mary's,
Saint Clair, and Detroit Rivers; includes Anchor Bay and Huron Bay, but no other
portion of Lake Saint Clair, the Great Lakes, or their tributary bays. The Straits of
Mackinac are not included.
Authorities.—For the Great Lakes and their connecting waters, the Lake Survey
maps; for the Wisconsin boundary, the Land Office maps; for the south boundary,
the Land Office, Engineer Office, and Lake Survey maps.
MINNESOTA.
Includes half of the lakes, straits, and rivers along the British boundary, except
Rainy Lake and Lake of the Woods; includes half of Lake Travers, Big Stone Lake,
Lake Pepin, Lake Saint Croix, and Saint Louis Bay; includes half of the boundary
portions of Red River, Mississippi River, and Saint Croix River.
Authorities.—For the coast of Lake Superior, the Lake Survey maps; for the British
boundary, Hinds's maps and the maps of the Northern Boundary Survey; for the east
and west boundaries, the Land Office and Engineer Office maps. The south boundary
is taken at latitude 43° 30'.
MISSISSIPPI.
Includes half of boundary portions of Mississippi and Pearl Rivers; includes Bay of
Saint Louis.
Authorities.—For the Gulf coast, Coast Survey maps; for east and west boundaries,
the Land Office maps and Coast Survey “sketches” in connection with the Engineer
Office maps. The north boundary is taken at latitude 35°.
MISSOURI.
Includes half of all boundary rivers.
Authority.—Land Office maps, after comparison with the Engineer Office map and
Killebrew's map of Tennessee.
MONTANA.
Authority.—For boundary with Idaho (summit of Bitter Root Mountains), Engineer
Office map.
NEBRASKA.
Includes half of boundary rivers.
Authority.—For natural boundaries, Land Office maps, in connection with Engineer
Office map.
NEVADA.
Includes half of boundary portion of Colorado River. Includes the portion of
Lake Tahoe within State line. -
Authorities.—For southwest and south boundaries, Wheeler's maps.
.*
1194 CENSUS ESTIMATE OF AREAS, 1880.
NEW HAMPSHIRE.
rºdes all of boundary portion of the Connecticut River and half of Piscataqua
1Wer.
Authorities.—For the north boundary, the maps of the British Boundary Survey;
for the south boundary, Walling and Hitchcock's atlas of New Hampshire, and Wall.
ing and Gray's atlas of Massachusetts; for the east and west boundaries, Walling
and Hitchcock's atlas of New Hampshire.
NEW JERSEY.
Includes all bays and inlets of the Atlantic between Cape May and Sandy Hook;
also Newark Bay and half of the boundary portions of the Delaware and Hudson
Rivers, half of New York Bay, and half of Kill Won Kull and Staten Island Sound.
No portion of Delaware Bay, Raritan Bay, or Sandy Hook Bay is included.
Authorities.—For Delaware Bay, the Atlantic coast, Raritan Bay, Staten Island
Sound, and New York Harbor, the Coast Survey maps; for the Hudson River and
the boundary with New York, the map of the New Jersey Geological Survey, and
French's map of New York; for the Delaware River, the New Jersey Geological Sur-
vey map, and Colton's maps.
NEW MEXICO.
Includes half of boundary portion of Rio Grande.
Authority.—For the boundary with Mexico, Mexican Boundary Survey.
The remainder of the territory is limited by parallels and meridians.
NEW YORK.
Includes half of Niagara River and of the boundary portions of the Saint Lawrence
and Hudson Rivers, and of Staten Island Sound. Includes Chaumont Bay, the New
York portion of Lake Champlain, the Narrows, East River, and half of New York
Bay. Includes, on Long Island, Jamaica Bay, Hempstead Bay, South Oyster Bay,
Great South Bay, Belleport Bay, Moriche's Bay, Shinnicock Bay, Peconic Bay, Hunt-
ington Bay, Oyster Bay, and Flushing Bay.
Authorities.—For Lake Erie and Lake Ontario, the Lake Survey maps; for the
northern boundary, the maps of the British Boundary Survey; for the eastern bound-
ary, the Coast Survey maps of Lake Champlain, Walling and Gray’s atlas of Massa-
chusetts, French’s map of New York, and Colton's maps; for the Atlantic coast and
Long Island Sound, the Coast Survey maps; for the boundary with New Jersey, the
New Jersey Geological Survey map. The south boundary is taken at latitude 429.
NORTH CAROLINA.
Includes Pamlico Sound, Albemarle Sound, and Currituck Sound.
Authorities.—For the Atlantic coast, the Coast Survey charts; for the north, south,
and west boundaries, the Coast Survey “sketches.”
NOTE.-The north and south boundaries have been surveyed at different times, but
have not been permanently marked. On the Coast Survey maps they appear to fol-
low, as closely as possible, the route of the most recent survey, and this location has
been accepted in determining the area of the State.
OHIO.
d º none of boundary portion of Ohio River. Includes Maumee Bay and San-
uSky Bay.
Authorities.—For the Lake Erie shore, the Lake Survey maps; for the other bound-
aries, the Land Office maps, the Engineer Office maps, Colton's maps, and Von Stein-
wehr's map of West Virginia.
OREGON.
Includes the bays of Nehalem, Tillamook, Oyster, Yaquina, Coos. Includes half of
boundary rivers of Columbia and Snake. East boundary, south of the mouth of
Owyhee River, is supposed to follow the meridian of 1179 01' 30".
Authorities.—For the coast line, the Coast Survey maps; for the Snake River bound-
ary, the Land Office maps; for Columbia River boundary, the Land Office maps.
IPIENNSYLVANIA,
Includes half of boundary portion of Delaware River.
Authorities.—For the east boundary, the Geological Survey map of New Jerse
and French's map of New York. The south boundary taken at latitude 39°43'26".
CENSUS ESTIMATE OF AREAS, 1880. 1195.
For the west boundary, the Land Office map of Ohio, Colton's maps, and the Eclectic
Geography maps; for the Lake Erie coast, the Lake Survey maps. The north bound-
ary is taken at latitude 42°.
RHODE ISLAND.
Includes Narragansett Bay and Jakonnet River.
Authorities.—For the coast line, the Coast Survey maps; for the boundary with
Massachusetts, Walling and Gray's atlas of Massachusetts; for the boundary with
Connecticut, Thompson's map of Rhode Island and Colton's map of Connecticut.
SOUTH CAROLINA,
Includes half of Savannah River and Tybee Roads. Includes Port Royal Sound,
Saint Helena Sound, and Charleston Harbor.
Authorities.—For the coast line, the Coast Survey maps; for the boundaries with
Georgia and North Carolina, the Coast Survey “sketches.”
TENNESSEE.
Includes half of boundary portion of Mississippi River.
Authorities.—The south boundary is taken at latitude 35°. For the east boundary,
the Coast Survey “sketches”; for the north boundary, the Coast Survey “sketches”
and Killebrew’s map of Tennessee; for the west boundary, the Land Office maps and
Killebrew’s map of Tennessee, in connection with the Engineer Office map.
TEXAS,
(Greer County not included.)
Includes half of boundary portions of the Rio Grande, Sabine River, and Red
River, and half of Sabine Lake. Includes Laguna del Madre, Corpus Christi Bay,
Aransas Bay, San Antonio Bay, Matagorda Bay, Galveston Bay, and other coast lakes
and bays.
Authorities.—For the Rio Grande, the maps of the Mexican Boundary Survey; for
the Gulf Coast, the maps of the Coast Survey; for the eastern boundary, from Red
River to Sabine Pass, the Texas land office map; for the Red River boundary, Ruff-
ner's map of Indian Territory.
AREAS OF TEXAS.
Texas land office map, 1879,269,694 square miles (this includes Greer County, 2,622
square miles); Roessle's map, 268,684 square miles; Land Office report, 1878, 274,356
square miles; Census of 1870, 274,356 square miles; Census of 1880, 265,780 square
miles, excluding Greer County.
TUTAH.
Is limited on all sides by parallels and meridians; hence its area is a simple matter
of computation.
TVERMONT.
Includes the Vermont portion of Lake Champlain and none of the boundary portion
of the Connecticut River.
Authorities.—For the north boundary, the maps of the British Boundary Survey; for
the east boundary, Walling and Hitchcock's atlas of New Hampshire; for the south
|boundary, Walling and Gray's atlas of Massachusetts; for the west boundary, the
Coast Survey maps of Lake Champlain, French’s map of New York, Colton's map of
Vermont, and Walling and Hitchcock's atlas of New Hampshire.
VIRGINIA.
Includes no portion of the Potomac River. Includes the various inlets along the
Atlantic coast and the interior portion of Chesapeake Bay, from Smith's Island to the
S08b.
Authorities.—For the boundary with North Carolina, the Coast Survey sketch maps;
for the Atlantic coast, Chesapeake Bay, and the Potomac River below Washington,
the Coast Survey maps; for the remaining boundaries, Colton's maps and the Eclec-
tic Geography maps.
1196 CENSUS ESTIMATE OF AREAs, 1880.
WASHINGTON.
Strait of Juan de Fuca and Gulf of Georgia are excluded, but the islands in the
same are included. The waters of Puget Sound, Admiralty Inlet, Hood's Canal,
Gray's Harbor, and Shoalwater Bay are included. Half of the boundary portions of
Columbia and Snake Rivers are included. The east boundary, north of the mouth of
Clearwater River, is supposed to follow the meridian of 117° 01' 30".
Authorities.—For the coast line, the Coast Survey maps; for Snake River boundary,
the Land office maps; for Columbia River boundary, the Land Office maps.
WEST VIRGINIA.
Includes half of the boundary portion of the Big Sandy River and all of the bound-
ary portion of the Ohio River.
Authorities.—Colton's maps, the Eclectic Geography maps, and the Land Office map
of Ohio.
WISCONSIDN.
Includes half of Lake Pepin, Lake Saint Croix, Lac Desert, and Saint Louis Bay,
and half of the boundary portions of the Mississippi, Saint Croix, Montreal, and Me-
nominee Rivers. Includes Chaquamegon Bay. Does not include any portion of
Green Bay or Sturgeon Bay.
Authorities.—For the shores of the Great Lakes and Green Bay, the Lake Survey
maps; for the west boundary, the Land Office and Engineer Öffice maps; for the
boundary with Michigan, the Land Office maps; the South boundary is taken at lat-
itude 42O 29' 30".
WYOMING.
Is limited on all sides by parallels and meridians; hence its area is a simple matter
of computation.
“PUBLIC LANDS.”
(Unattached territory.)
Longitude, 1000–1030; latitude, 30° 30'–37°00'.
Is limited on all sides by parallels and meridians, and its area is therefore a matter
of computation.
WATER AREAS.
The areas of included bodies of water, as bays and other inlets of the sea, lakes,
ponds, &c., were, in most cases, determined by direct measurement from maps.
The accuracy and completeness of this statement of water areas differs in different
States with the scale and general correctness of the maps used. In a few cases they
were found in print in such form as to show that they had been carefully determined.
The water surface of Maine has been carefully measured by Mr. Walter Welis, and
the results are published in “Water Power of Maine.” That of New Jersey has been
measured with great care by Professor Cooke, the State geologist, who has published
the measurements in his report on “Geology of New Jersey,” 1868. In all States sur-
veyed by the General Land Office, these areas were taken from the plats on file in the
Land Office. In cases of these States the results are to be regarded as excellent.
In the unsettled portions of the West, where the land surveys have not yet ex-
tended, the areas were taken from the best maps to be had. The maps of Hayden’s,
King's, Powell's, and Wheeler's surveys have assisted greatly in completing the work.
The area of river surface has proved a very difficult matter to determine, even ap-
F. In case of States which have been entirely surveyed by the General
and Office, and of which the plats, on a large scale, are accessible, the areas of the
larger streams were measured from them by taking the mean breadth and the length.
This, of course, ignores the stage of water, but, as the surveys were made at all times
of the year, it may be assumed as “medium stage.” From such material the river
surface of these States has been determined, and was found to range from one square
mile in 90 of total area to one in 3,163, but averaging for the States of the Mississippi
*:::: about one in 200. This has served as a basis for estimating that of the other
tates.
CENSUS ESTIMATE OF AREAS, 1880.
1197
3. Tea,S -
Lakes.
State.
Area in
Square
miles.
Authority.
Baskahegan gº º sº tº e º 'º - † - sº º tº ſº º sº * * * * * *
Bayou Pierre --------------------
IBear-----------------------------
g
Big Stone.------, ----------------
Bisleneau------------------------
E
lack----------------------------
Champlain-----------------------
Charley Apopka-----------------
Chautauqua --------------------.
& sº e º sa º e º sº tº gº º º ſº e º º ſº tº dº sº º E
* * * * * * * * * * * * * * * * * g e º sº tº º tº dº º
as º as sº e º gº tº º ºs º is ºn tº ſº a tº s gº tº dº tº º
tº e º e ºs e º 'º º ſº us sº tº tº º sº º ſº º ſº º º
* * * * * * * * g = dº º sº ſº as gº tº ſº tº gº tº &
g tº gº º º sº sº sº gº tº º sº tºº & E ºn tº # * * * * *
* * * * * * * * * * * * * * g º ºs º is tº sº * *
e sº º is sº e º sº sº & e º ºse tº * * * * * & E * >
& sº º is e º ſº tº º ºs º ºs º ºs º tº sº tº ſº tº º ſº dº
* * * * * * * * * * * * * * * sº sº is tº gº tº dº tº
sº e s is gº sº gº tº we tº º sº gº ºn s = e º sº tº sº tº º & ºt
* * * * * * * * * * is us tº º ſº tº sº tº gº ſº tº º e º sº tº tº
* * * g g g º sº gº tº & E; tº º º ºs º ºs º is gº º ſº
* gº º gº tº gº º gº tº tº tº gº tº tº e º – tº º is º
* * * * * * * tº gº is sº sº, º dº º º tº ſº tº dº tº E tº
• sº sº e º sº as tº gº tº gº gº e º sº gº tº s vs. sº ſº tº
as m as me as sº m sº as sº s sº is sº sº e s º gº tº º º sº tº tº s
s = e º is ºs sº tº e º ºs º gº º ºs e º ºn sº e is e º ºs º º sº dº º & ſº * * *
sº as a “s s sº e s sº º sº º gº º ſº tº ſº tº ſº tº g sº tº as
* - e º ºs º gº tº º sº tº gº ºg º º sº gº tº gº dº º &
s = * * * * * * * * * * * * * * * * * * * * *
s: º ºs e º º º ºs º gº E tº º sº
* * * s ºn tº s = e º ºs º dº sº e º ºs e º tº ſº sº gº tº gº &
as ºs º º ºs tº º º º ºs º º tº tº º º º ºs º gº tº a
& sº e º ºs s gº tº sº tº gº s tº tº º ºs º º gº tº ºi º ºs tº ſº º
sº sº e s tº º ºs º dº e º ºs s tº º º ºs º ºs º gº º ºs º º ſº tº
& e º ſº ſº tº ſº tº ſº $ tº º ſº º ſº tº ſº tº is ſº tº de
s as as ºn s is us ºf s as tº gº º ºs e º as tº e º 'º º
as a sº º is ſº tº º º ºs s tº dº tº º tº gº tº gº tº E tº gº
* * * * * * * * * * > ºn tº gº tº gº tº tº º ſº tº ſº º & wº
* * * * * * * * * * = º ſº ſº gº tº tº º e º gº tº
gº tº gº e º 'º º tº gº tº º ſº º tº tº sº tº º ºs º º E tº º tº
• * * * * * * * * * * * is tº e º sº tº º ſº tº ºn tº gº tº
sº se se s = ºr e º gº º is s = º º ſº tº ſº tº E tº dº º ſº
Cheboygan ---------------------. Mi
Chelan g* * * * * * g e º sº gº gº º sº e º 'º as º ºs e º tº º e
goeur d'Alène -------------------
l'auss Point ---------------------
Plathead ------------------------
kaniksu -------------------------
Rern and Buena Vista .....----.
Kissimee ------------------------
Koshkonong---------------------
Lac des Allemands -------------. L
Lake of the Woods --------------
Leech --------------------------- •
* * * * * * * * * * * * is e º sº º ºs º ºs º ºs tº E &
* * * * * * * * * * * * * * ºr º e º & tº tº tº
se º sº e º sº, e º ºs e º e º ºn tº gº ºn tº dº sº sº me me tº
* = e s gº ºs º gº tº º º me tº sº tº e º me tº º tº tº º º sº
gº º ºs e º 'º º ſº gº tº º º gº tº s º º ſº ſº tº dº ſº tº $ tº
s & sº e º sº sº e º º ºs ºs º ºs º º tº tº gº tº sº tº
* * * * * * * * * * * * * * * * * * * * * * * * *
gº ºs º gº tº º ºs º º sº tº is ſº º is a tº * & ſº tº ſº tº
* * * * * * * * * * * * * * tº gº gº º gº tº gº as
* * * * * * * * * * * * * * * * * * * g º º sº tº tº
tº e º ſº tº tº dº º ºn tº gº tº tº gº tº ºr gº tº º ºs ºº tº
* * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * gº º ºs º ºsº º tº º
* * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * > E tº e º 'º £º tº e º sº tº ſº tº tº
* * * * * * tº Lº tº e º ſº tº gº º tº ºr tº dº º ſº º ſº tº
gº ºn tº gº tº tº tº º tº tº gº tº º ºs ºs º ºs tº gº tº gº tº º 'º &
tº sº tº dº º gº tº a tº E tº tº gº º tº tº gº º ſº ſº tº E tº dº sº
gº sº e º ºs º gº tº tº º sº º º tº
s sº sº tº º ºs º ºs º ſº º º ºs º ºs º º ſº ſº ſº tº ſº tº º ſº tº its
e tº ſº tº º ſº dº tº e º 'º e º ſº tº E tº gº tº E * *
& e º sº tº dº º º ſº tº & sº gº tº dº º ºs º dº tº dº º tº tº
tº e º sº º ºs º gº tº º ºs ºº is º is ſº e º ſº gº tº gº
s e º ºs º ºs ºs º ºs º gº tº sº dº tº º ſº sº tº dº tº ſº tº
sº º gº tº º ż º is tº gº tº tº dº º ſº tº tº º e º sº.
tº gº tº e º sº as sº e º 'º º sº sº sº sº º ºs e º sº tº tº as ºs tº
* * g et tº gº tº gº is is e º ºs e º ºs º ºs º ſº gº tº gº tº gº tº
s sº e º sº sº º sº sº s gº sº º v. tº º ºs tº º ºs º ºs tº
Land Office maps.
Landºice pla
O.
A.
# Office plats.
Hayden.
Landºnce plats.
A.
Land Office ma
Land Office pla
French's map.
Land Office map.
Land Office pla
Do.
French's map.
Landºice plats.
Wheeler.
Do.
Land Office plats.
Do.
Do.
French's map.
A.
Coast Survey charta.
Land Office plats.
A.
Land Office map.
Do.
French's map.
Land Office plat.
Do.
Do.
Do.
Land Office map.
Coast Survey map.
A.
Land Office plats.
Do.
Landå
8.Il Cô In 8
Land Office plats.
French's map.
Land Office map.
kn Office plats.
Land Office plats.
Do.
I}o.
Do.
Landºice Imapº.
0.
Land Office plats.
Land Office plats.
Wheeler.
Land Office plats.
Land Office map.
Do.
Wheeler.
Land Office map.
Land Office plats-
Do.
Land Office plat.
Do.
Do.
Land Office map.
A.
Following is a list of the principal inland lakes of the United States, with their
1198 CENSUS ESTIMATE OF AREAS, 1880.

|
Area in
Lakes. State. square Authority.
€8.
Long ---------------------------. Michigan ----------------------- 24 Land Office plat.
Lower Klamath-----------------. Oregon ------------------------- 73 || Land Office map.
Malheur ------------------------- - - - -010 - - - - - - - - - - - - - - - - - - - - - - - - - - - 117 Do.
Mattamuskee--------- * º sº tº tº tº º us ºs e e North Carolina ----------- 75 | Coast Survey map.
Meddybemps --------------------| Maine -------------------------- 15, A.
Memphremagog -----------------| Vermont ----------------------- 15 Colton's map.
Mendota.------------------------| Wisconsin ---------------------. 14 || Land Office plats.
Middle -------------------------- California ---------------------- 47
Mille Lacs-----------------------| Minnesota.--------------------- 198 || Land Office plats.
Millinoket-----------------------| Maine -------------------------- 18 A.
Miltona -------------------------| Minnesota ---------------------. 10 || Land Office plats.
Minnetonka --------------------. * * is s \ºk"º º is º ºs º gº sº gº º sº tº e s e º ºs tº gº tº e º dº sº * * * * 24 Do.
Manistique ----------------------| Michigan ----------------------. 40 Lo.
Mono ----------------------------| California ---------------------- 84 | Wheeler.
Moosehead ----------------------| Maine -------------------------- 120 A.
Mosquito Lagoon.----------------| Florida. ------------------------- 43 || Land Office plats.
ullet. --------------------------| Michigan. ---------------------- 45 Do.
Namekan ------------------------| Minnesota ---------------------- 48 || Pand Office map.
Niccosukee----------------------| Florida ------------------------- 17 | Land Office plat.
Oneida --------------------------| New York ---------------------- 77 | French’s map.
Osakis. --------------------------| Minnesota .... ------------------ 11 || Land Office plat.
Otter Tail -----------------------|----do --------------------------- 22 Do.
WaSCO - - - - - - - - - - - - - - - - - - - - - - - - - - | N 6W X. OſK - - - - - - - - - - - - - - - - - - - - - - 14 | French's map.
Owens---------------------------| California----------------------- 115 | Wheeler.
Paulina-------------------------.] Oregon ------------------------- 26 || Land Office map.
Pelican --------------------------| Minnesota ---------------------- 25 Do.
Panedumcook -------------------| Maine -------------------------- 16 || A.
£º * * * * * * * * * * * * * * * as ºs º gº as º ºs e º ºs º *-**-*** *-*-****** *** * * * * * * * * * * * * * * * * * * * * * * 12 Land Office plat.
Pend d'Oreille -------------------| Idaho--------------------------- 130 Land Office map.
Pepin---------------------------- Minnesota and Wisconsin 39 || Land Office plat.
Phelps -------------------------- North Carolina ---...------ 25 | Coast Survey map.
Poinsett ------------------------- Dakota ------------------------. 17 Land Office map.
Pokegama -----------------------| Minnesota ---------------------- 16 Do.
Portage -------------------------| Michigan ----------------------- 21 | Land Office plats.
Poygan--------------------------| Wisconsin ---------------------- 15 Do.
Pyramid------------------------- Nevada------------------------- 205 | Wheeler.
Racquet -------------------------| New York---------------------- 16 French's map.
Rainy ---------------------------| Minnesota ---------------------- 146 Approximateland Office
Imap.
Rangeley ------------------------| Maine -------------------------- 14 | A.
IRed -----------------------------| Minnesota ---------------------- 342 . Land Office map.
Rice -----------------------------|----do --------------------------- 11 Do.
Ruby ----------------------------| Nevada ------------------------- 30 | Wheeler.
Rush ---------------------------.] Minnesota ---------------------- 13 Land Office plats.
Saint Croix ---------------------. Minnesota and Wisconsin 16 Do.
Saint Francis--------------------| Arkansas ----------------------- 61 Do.
Salvador-------------------------| Louisiana ----------------------- 70 Do.
Sebago --------------------------| Maine -------------------------- 50 | A.
Sebeo----------------------------|----do --------------------------- 14 | A.
Sedgwick------------------------|----do--------------------------- 15 A.
Seneca---------------------------| New York---------------------- 64 | French's map.
Shoshone -----------------------.] Wyoming ---------------------- 12 || Hayden.
Silver ---------------------------| Oregon ------------------------- 14 | Land Office map.
Skaneateles ------- sº s = ºn as s as as a s = s = e sº *-* * * * *-** * * * * * * * * * * * * * * * * * * * * * * * 12 French's map.
Spanish -------------------------| Louisiana----------------------- 12 || Land Office plats.
Summer ------------------------. Oregon ------------------------- 77 | Land Office map.
Swan ---------------------------.] Minnesota ---------------------- 16 || Land Office plats.
Tahoe --------------------------- California and Nevada 135 | Wheeler.
Thompson -----------------------| Dakota ------------------------- 14 || Land Office map.
Tohopekaliga--------------------| Florida ------------------------- 53 Do.
Torch --------------------------| Michigan ----------------------- 34 || Land Office plats.
Traverse ------------------------ Minnesota and Dakota 30 Do.
Tulare--------------------------- * ia ----------...--------- 650
§: e e is a s sº me s is e º te e m e º me e s sº e s = e s | -º-; Jºh-ººkºº e s m ºn e s as as s is e º 'º º º ºs º ºs º 'º - º * 12 || Land Office plats.
mbagog------------------------| Maine -------------------------- 18 A.
Upper---------------------------| California ---------------------- 61
Upper Klamath -----------------| Oregon ------------------------. 163 Land Office map.
Vermillion-----------------------| Minnesota ---------------------- 63 Do.
Verret. --------------------------| Louisiana----------------------- 27 Land Office plats.
Walker-------------------------. Nevada.------------------------- 110 #
BITier8. - - - - - - - - - - - - - - - - - - - - - - - - | Oregon - - - - - - - - - - - - - - - - - - - - - - - - - 108 || Land Office map.
Wenatchee ----------------------| Washington -------------- 11 Do.
ite Bear----------------------| Minnesota.---------------------- 12 || Land Office plats.
Whitefish ----------------------- * = * * *-*.* * * * * * * g g º sº s sº gº º ºs e s tº sº sº dº e º º ºs º ºs 10 Do.
Winnebago.----------------------| Wisconsin ---------------------- 197 Do.
Winnebigoshish -----------------| Minnesota ---------------------- 78 ... Do.
Winnemücca --------------------| Nevada------------------------- 85 #
Worth---------------------------| Florida ------- as ºs º gº tº e º 'º gº gº tº $ tº º º & º & 14 Land Office plats.
Wright--------------------------| California ---------------------- 14 Land Office map.
Yellowstone.--------------------| Wyoming----------------------- 130 | Hayden.
“A” refers to Water-Power of Maine, by Mer W. Waltrells.
CENSUS ESTIMATE OF AREAS, 1880.
1199
AREAS OF COUNTIES.
The areas of counties given in the following table are the results of direct measure-
ments from the best county maps, corrected arbitrarily in order to make them add up
to the areas of the States. In the States surveyed by the General Land Office, in
which county lines follow the boundaries of survey townships, the areas are sus-
ceptible of being deduced with a great degree of accuracy. In other States, where
the county lines are located by minor natural or artificial points, such as houses,
fences, roads, or small streams, the probabilities are against their being correctly
drawn on even the best maps, and the areas are correspondingly uncertain.
This is
the case in most of the States on the Atlantic border, with West Virginia, Kentucky,
and Tennessee in the interior.
Areas of the States and Territories, by counties.
ALABAM.A.
Area in Area in Area in
Counties. Square Counties. square Counties. square
miles. miles. miles.
The State.------. 51,540 || Cullman --------------. 590 || Marengo. -------------- 960
==ll Dale ------------------. 650 Marion ---------------. 810
Autauga.-------------- 660 || Dallas------------------ 980 || Marshall.-------....... 560
Baldwin --------------- 1,620 || De Kalb --------------- 740 || Mobile----------------- 1, 290
Barbour --------------- 860 li Elmore ---------------. 630 || Monroe ---------------. 1,030
Bibb. ------------------ 610 || Escambia. --...-------- 1,000 || Montgomery........... 740
Blount----------------- 700 || Etowah. --------------. 520 || Morgan---------------. 700
Bullock.--, ------------ 660 || Fayette---------------. 660 || Perry------------------ 790
Butler ----------------- 800 || Franklin ---------...--. 610 || Pickens --------------. 1,000
Calhoun --------------. 640 || Geneva ---------------. 590 || Pike. ------------------ 740
Chambers ------------. 610 || Greene ---------------- 520 || Randolph. ------------- 610
Cherokee -------------. 660 || Hale. ------------------ 670 || Russell ---...----------. 670
Chilton ---------------- 700 || Henry ------------...---. 1,000 || Saint Clair. -----------. 630
Choctaw --------------. 930 || Jackson --------------. 990 || Shelby. ---------------- 780
Clarke----------------- 1, 160 || Jefferson ---------...---. 960 || Sumter ---------------. 1,000
Clay ------------------- 610 || Lamar ----------------. 590 || Talladega---------...--. 700
Cleburne -------------. 540 || Lauderdale -----------. 700 || Tallapoosa.-----...----. 810
Coffee-----------------. 700 || Lawrence-------------- 790 || Tuscaloosa ............ 1,390
Colbert ---------------. 570 66 - - - - - - - - - - - - - - - - - - - - 610 alker - - - - - - - - - - - tº m = * * . 880
Conecuh--------------. 840 || Limestone. -------...--. 500 || Washington ........... 1,050
Coosa ------------------ 670 || Lowndes.--------...---. 740 || Wilcox ---...----------. 960
Covington ------------- 1,030 || Macon ----------------- 630 || Winston.---------..... 640
Crenshaw ------------- 660 || Madison.-------------. 810
ARIZONA.
The Territory ... 112,920 || Maricopa -------------- 12,000 || Pinal ------------------ 6,400
===ll Mohave --------------- 10,800 || Yavapai--------------. 10, 200
Apache---------------- 25,000 || Pima ------------------ 19, 220 || Yuma ----------------. 29, 300
ARKANSAS
The State...----. 53,045 || Garland --------------. 580 || Newton ............... 810
===ll Grant.----------------- 650 || Ouachita ------------.. 730
Arkansas-------------. 1,000 || Greene ---------------- 640 || Perry-----...----------. 580
Ashley ---------------- 950 || Hempstead ............ 730 || Phillips................ 630
Baxter----------------. 500 || Hot Spring -------...--. 690 || Pike.------------------ 620
Benton ------ & sº º - e º sº sº a s 880 || Howard .-------. ------ 630 || Poinsett ............... 760
Boone ----------- tº º E tº gº tº 640 il Independence --------- 880 || Polk------------------- 945
Bradley---------------- 700 || Izard ------------------ 580 || Pope------------------- 800
Calhoun --------------. 610 || Jackson --------------. 620 || Prairie --...----....... 710
Carroll ---------------- 700 || Jefferson ---------...-. 870 || Pulaski---------------. 810
Chicot ----------------- 840 || Johnson --------------- 660 || Bandolph. -----........ 640
Clark------------------ 950 || La Fayette ------------ 490 || Saint Francis.......--- 620
Clay------------------- 580 || Lawrence.------------. 600 || Saline ------------..... 690
Columbia -------------- 860 || Lee.------------------- 580 || Scott -----------------. 920
Conway------ tº º tº sº º tº e s m e 540 || Lincoln. --------------- 540 || Searcy----------------. 700
Craighead ------------- 730 || Little River ........... 530 || Sebastian.--...--------- 570
Crawford -------------- 620 || Logan ----------------- 670 || Sevier ---...-...--...--. 550
Crittenden.-----------. 660 || Lonoke ---------------. 760 || Sharp -------------...--. 590
TOSS - - - - - - - - - - - - - - - - - - 620 || Madison.-------------. 880 || Stone ------------------ 640
Dallas ----------------- 660 || Marion ---------------. 640 || Union .------...-------. 1,000
Desha ----------------. 730 || Miller ----------------. 690 || Van Buren ............ 1,100
Dorsey ---------------. 600 || Mississippi ------------ 810 || Washington........... 940
Drew ------------------ 840 || Monroe ---------------- 660 || White ................. 1,100
Faulkner -------------- 650 || Montgomery----------. 840 || Woodruff.............. 580
Franklin.-------------- 700 || Nevada.--------------. 670 || Yell ------------------. 900
Fulton----------------- 660
*S*~ O



1200 CENSUS ESTIMATE OF AREAS, 1880.
Areas of the States and Territories, by counties—Continued.
CALIFORNIA.
Area in Area in
Counties. square Counties. Square Counties.
miles. miles.
The State.------. 155,980 || Marin . ---------------- 580 || San Matee -------------
=ll Maripesa -------------. 1,560 || Santa Barbara -...----.
Alameda--------------- 660 || Mendocino............. 3,780 || Santa Clara.-----------
Alpine----------------- 730 || Merced.--------------- 2,280 || Santa Cruz .......-----
Amador --------------- 540 || Modoc ----------------- 4, 260 || Shasta -----------------
Butte ------------------ 1,720 || Mono ------------------ 3,400 || Sierra. -----------------
Calaveras.------------- 980 il Monterey-------------- 3,520 || Siskiyou ---------------
Colusa. ---------------- 2,500 || Napa ------------------ 0 || Solano -----------------
Contra Costa. ---------- Nevada.--------------. 990 || Sonoma ----------------
Del Norte-------------- 1,540 || Placer ----------------- 1,480 || Stanislaus -------------
El Dorado ------------- 1,800 || Plumas ---------------- 2, 760 i Sutter -----------------
Fresno. ---------------- 8,000 || Sacramento. ----------. 1,000 || Tehama ---------------
Humboldt ------------- 3,750 || San Benito-...---------- 990 rinity ----------------
Inyo ------------------- 8, 120 || San Bernardino. ------- 23,000 || Tulare. ----------------
Kern ------------------ 8, 160 || San Diego. ------------- 14,600 || Tuolumne -------------
Lake ------------------ 1,100 || San Francisco. --...----- 40 || Ventura ---------------
Lassen----------------- 5,000 || San Joaquin ----------- 1, 360 | Yolo ,------------------
Los Angeles. ---------- 4,750 || San Luis Obispo ------. 3,460 || Yuba ------------------
COLORADO.
The State.------. 103,645 || Elbert ----------------- 6, 200 || Larimer ---------------
=ll El Paso. --------------- 2,760 || Las Animas -----------
Arapahoe-------------- 5,000 || Fremont-------------.. 1,600 || Ouray ----------------.
Bent ------ * * * * * * * * * tº tº º 'º ºf 9, 240 || Gilpin ---------------.. 180 || Park ------------------
Boulder---------------- 860 || Grand ---------------.. 4,000 || Pueblo. ----------------
Chaffee ---------------- 1,235 || Gunnison -------------. 9,000 || Rio Grande ---...------.
Clear Creek------------ 460 || Hinsdale -------------. 1,440 || Routt.-----------------
Conejas---------------- 2,300 || Huerfano -------------. 1,600 || Saguache -------------.
Costilla ---------------- 1,800 || Jefferson ---------...--. 860 || San Juan -------------.
Custer------------- !--- 860 || Lake ------------------ 450 || Summit.--------------.
Douglas --------------- 840 || La Plata.-------------- 4, 500 || Weld ------------------
CONNECTICUT.
The State.------- 4,845 || Litchfield.............. 760 || Tolland.--------------.
=ll Middlesex. -----------. 440 || Windham--------------
Fairfield -------------. 560 || New Haven.----------- 650
ord--------------- 650 || New London........... 780
DATKOTA.”
The Territory.--| 147,700 || Forsyth. --------------- 1, 360 || Mountraille-----------.
==ll Foster ----------------. 1,520 || Pembina---------------
4 urora ---------------- 1, 160 || Gingras.--------------- 1, 520 || Pennington.----------.
Darnes----------------- 1,500 || Grand Forks........ --. 2,700 || Potter -----------------
Beadle ---------------- 1,270 || Grant.----------------- 950 || Pratt ------------------
Billings. -------------- 3,490 || Gregory --------------- 930 || Presho. ---------------.
Pon Homme ----------- 550 || Hamlin ---------------- 720 || Ramsey. ---------------
Boreman--------- tº mº m º º is 2,460 || Hand ..... ------------. 1,440 || Ransom----------------
Bottineau. ------------- 1,770 || Hanson ---------------- 430 || Benville ---------------
Brookings ------------- 810 || Howard---------------. 4, 500 || Richland --------------
Brown----------------- 1,730 || Hughes ---.. ---------- 1,000 || Rolette ----------------
Brulé ------------------ Hutchinson ----------- 50 || Rusk ------------------
Buffalo ---------------- 760 || Hyäe ------------------ 410 || Shannon -------------.
Purleigh.--------------- 2,980 || Kidder.... ------------- 1,440 || Sheridan---------------
Campbell -------------. 870 || Kingsbury............. 860 || Spink------------------
888 - - - - - - - - - - - - - - - - - - - 1,760 || Lake------------------- 570 || Stanley ----------------
Cavileer --------------- 1, 770 || La Moure.------------- 2,010 || Stark. ----------------.
Charles Mix ----------- 1, 160 || Lawrence.------------- 2,260 | Stevens. ---------------
Cheyenne-------------- 2,960 || Lincoln. --------------- 0 || Stutsman -------------.
Clark ---------- --------| 1,290 || Logan ----------------. 2, 110 || Sully ------------------
Clay ------------------- 400 || Lugenbeel ------------- 2,910 || Todd ------------------
Codington ------------- 680 || Lyman ---------------. 570 || Traill------------------
Custer----------------- 1, 990 cCook --------------- 570 || Tripp------------------
Tavison --------------- 430 || McHenry-------------. 1, 510 || Turner ----------------
Day.------------- tº e º e º sº. 1,440 || McPherson -----------. 1,250 || Union.-----------------
Telano----------------- 2,160 || Mandan --------------. 1, Wallette---------------
Teuel------------------ 630 || Mercer ---------------. 930 || Walworth -------------
De Smet --------------- 1,220 || Meyer ----------------. 1,440 || White River.--.. tº º ſº º tº E
Douglas------ tºº gº tº º tº gº ºs ºº is 360 || Miner.----.. e e s se s & e s = * * 1, 150 || Williams --------------
I'dmunds -------------- 1,250 || Minnehaha ------------ 890 || Yankton -------------.
Fmmons--------------. 1,550 || Moody----------------. 500 || Ziebach----------------
faulk------------------| 1,150 || Morton ---------------- 2,590



* Part of the area is embraced in Indian reservations.
CENSUS ESTIMATE OF AREAS, 1880.
1201
Areas of the States and Territories, by countics—Continued.
DELAWARE.
Area in - Area in Area in
Counties. square Counties. Square Counties. Squaro
miles. miles. miles.
The State........ 1,900 || Kent ....---------..... 430 || Sussex. --...-----------. 900
==|| New Castle. ... ........
FLORIDA.
The State --...-. 54, 240 || Hamilton ... -- - - - - - - - - - 540 || Nassau -----------...--. 640
=== | Hernando. --...--. ------ 1, 700 || Orange ---------------- 2, 250
Alachua ---------...--. 1, 260 || Hillsborough ---------- 1,300 || Polk------------------- 2,060
* - - - - - - - - - - - - - tº e - 500 || Holmes. --------------- 540 || Putnam. ------...-...--. 860
Bradford. -------------- 550 || Jackson --------------. 1,000 || Soint John's ........... 1,000
* - - * * - - - - - - - - * * * 4, 390 || Jefferson -------...----- 560 || Santa Rosa -----------. 1,260
Calhoun --------------. 1, 160 || La Fayette ----------. 940 || Sumter -----------...--. 1,380
tly - - - - - - - - - - - - - - - 640 || Leon-...--------------. 900 || Suwannee ............. 660
Columbia. . . . . . .----...-- 860 || LeVV ------------------ 940 || Taylor --------------- 1,080
* * - - - * * * - - e s - - - tº sº - 7, 200 || Liberty. --------------. 800 || Volusia. --...--...-...--. 1, 340
Duval --------------. . 900 || Madison ............... 850 || Wakulla -------------. 580
Escambia. . . . . . . . . . . . . . 722 || Manatee ............ --. 4, 680 || Walton ---------...----. 1,360
Franklin. -------------- 690 || Marion ...... ---------- 1,680 || Washington ........... 1,330
Gadsden ---...--------. 540 || Monroe . . . . .----------. 2, 600
GEORGIA.
The State........ 58,980 || Fannin ---------------. 390 || Muscogee. ------------- 210
|=|| Fayette - - - - - - - -------- 220 || Newton---------------- 260
Appling --------------. 1,080 || Floyd ...--------------. 540 || Oconee ---------------- 160
• * * * s tº ºs º ºs e ºs s - as as s as 340 || Forsyth. --------------. 250 || Oglethorpe ------------ 510
aldwin ---...---------. 240 || Franklin. --- - - - - - - - - - - - 380 || Paulding.------------. 340
- - - - - - - - - - - - - - - - - 320 | Fulton ----------------- 200 || Pickens.--------...... 230
• * * * * * * * * * * * * * * * 500 || Gilmer. --...-----------. 480 || Pierce ----------------. 540
• - - * * * - * * * - - - - tº - 760 || Glascock -------------. 100 || Pike------------------- 290
s e - - - s = - - - - - - - as ºn - 240 || Glynn ----------------- 430 || Polk ------------------- 330
* * * * * * * * * * * * * * * * * 530 || Gordon ---------------. 360 || Pulaski.--------------. 470
* - - - * * - - - e º - - - e s - 400 || Greene.-----...--...-----. 340 || Putnam --------------- 360
- - - - - - - - - - - - - - - 900 || Gwinnett -------------- 470 || Quitman. -------------. 160
* * - * * * - - - º ºs º- - - * * * 1,030 || Habersham ............ 400 || Rabun. --...----...------ 400
• - * * * * * * e s - - - as e - 180 || Hall -----------------.. 540 || Randolph------...------- 400
Calhoun --------------. 280 || Hancock. -------------. 520 || Richmond ......... ... 320
- * - - - - - - - - - - - - 620 || Haralson ------------.. 330 || Rockdale .------------. 120
ampbell -------------. 240 l. Harris ----------------- 470 chley----------------- 180
"Oil - - - - - - - - - - - - - - - - 540 || Hart ... ... -----.... . . . 330 || Screven------...--------- 720
* - * * * * * * * * * * * * e = 160 || Heard ..... --...--...--. 290 || Spalding--------------- 220
Charlton...... * * * * * * * * * 1,060 || Henry ----------------. 400 || Stewart --------....... 440
Chatham - - - - - - - - - - - -.. a 400 || Houston. --...----------. 560 || Sumter. --...--...------ 520
Chattahoochee......... 220 iſ Irwin . ----------------. 680 || Talbot.---------------- 360
Chattooga ------------. 400 || Jackson -- - - - - - - - - - - - -. 360 || Taliaferro ............. 180
Cherokee .------------- 479 || Jasper.---------------- 380 || Tattnall -------------.. 1, 100
* * - ºr * * - - sº tº sº - - - sº - - 180 || Jefferson.--------...--- 620 || Taylor. ---------------. 400
• * * - - - - - - - - is sº - - - e º - 200 || Johnson -------------- 260 || Telfair .... ----...--...- 420
* - - - - - - - e º 'º- - - ºr * * 140 || Jones ------...--. ...----. 470 || Terrell ---...----------- 320
* - - - tº e " - ºr º 'º - - - ſº º - 900 li Laurens ---------...... 740 || Thomas ---...... ------ 780
• * * - - - - - - - - - - - - - - - - 400 li Lee ------------...----. -- 360 || Towns ... ------------. 180
* * * * * * * * * * * * * * * * * * 980 || Liberty ---------...----- 720 || Troup ----------------. 430
Colquitt --------------- 550 li Lincoln ......... tº - ºn tº º - 280 || Twiggs --------------- 330
Columbia -------------- 290 || Lowndes. -----.... . . . . 470 || Union ----------------- 330
• * * * * * * * * * * * * * * * 440 || Lumpkin ------------.. 290 || Upson ----------------- 310
Crawford .............. 340 il McDuffie --------...... 330 || Walker.--------...----- 440
ade.------------------ 180 || McIntosh. ----....... - 530 || Walton ---------------. 400
Dawson.--------------- 180 li Macon .... -- - - - - - - - - - - 360 || Ware. ----------------- 620
Decatur.--------------. 1, 160 || Madison -------------. 300 || Warren ............... 290
De Kalb --------------- 280 || Marion ................ 360 || Washington.----...... 680
* * * * * * * * * * s - - ºn as as a 580 || Meriwether. -- - - - - - - - - - 490 a Y Ile - - - - - - - - - - - - - - - - 740
.7 - - - - - - - - - - - - - - - - - - 780 || Miller -----------. . . . . . 240 || Webster............... 230
Dougherty------------. 340 || Milton. --...----------- 110 ite ----------------- 180
Douglas --------------. 190 || Mitchell --------....... 500 || Whitfield.............. 330
Early . --------------- 510 || Monroe -----------..... 470 || Wilcox --------...----- 500
* - - - - sº - - - - - - - - * * * 400 || Montgomery. -- - - - - - - - - 720 || Wilkes ---------------. 460
Effingham -----...----. 420 || Morgan. ----------- - - - - 400 || Wilkinson.----...--...-- 440
* - - - - - - - - - - - - - as e - 440 || Miurray. --------....... 420 || Worth. -------------...- 710
Emanuel. -------------. 1,040 - -



76 L o—VoI, III
1202 CENSUS ESTIMATE OF AREAs, 1880.
Areas of the States and Territories, by counties—Continued.
IDAHO.
Area in Area in | Area in
Counties. square Counties. Square Countics. Square
miles. miles. miles.
The Territory ...} 84,290 || Boisé ----------------- 3,300 || Nez Percó....------... 3,400
- = | Cassia ---------------.. 3,800 || Oneida----------------- 12, 310
Ada ------------------- –2, 760 || Idaho. ----------------. 10, 100 || Owyhee --------------- 8, 130
Alturas.--------------. 19, 180 || Kootenai -------------. 5, 530 || Shoshone.------------- 5,950
- Bear Lake.------...--- 1,300 || Lemhi ------------ - - - 5, 530 || Washington ...--------. 3,000
ILLINOIS. ,
The State-------- 56,000 || Hancock. -------------- 780 || Morgan. ------. -------- 580.
== | Hurlin ---------------- 180 || Moultrie--------------- 340
Adams ---------------- 830 | Henderson. -- - - * * * * * * * * 380 Ogle ------------------ 780
Alexander ------------. 230 || Henry. ---------------- 830 li Peoria.--------------. - 630
ond ------------------ 380 || Iroquois --- - - - - - - - - - - - 1, 100 || Perry.----------------- 440
Boone ----------------- 290 || Jackson ...---. --------- 580 || Piatt ...---------------- 440
Brown----------------- 300 | Jasper.---------------- 470 || Pike. ---...----------- 810
Bureau - * * * *- - - - 870 || Jefferson . -- - - - - - - - - - - - 580 || Pope ------------------ 360
Calhoun --------------- 260 iſ Jersey----------------- 360 || Pulaski.-----...--...--. 190
Carroll --------------- 440 || Jo Daviess ...----...----. 650 || Putnam --------------- 170
Cass.------------------ 360 || Johnson --------------- 340 || Randolph. -- - - - - - - - - - - - 560
Champaign -----------. 1,000 || Rane .----------------. 540 || Richland -------------- 380
Christian . --. ---------. 690 || IXankakee ------------- 680 || Rock Island ........... 420
Clark.----------------- 510 || Kendall.-----------...--. 330 || Saint Clair.--...------. 680
Clay ------------------- 470 || Inox . . . . . -------- s = • * * 720 || Saline ------------..... 380
Cliuton --------------- 520 || Lake - - - - -** = a is ~ * * * * * * * * 490 || Sangamon ............. 860
Coles ------------------ 520 || La Salle --------------- 1,080 || Schuyler ------------ - - 430
Cook -----------------. 960 || Lawrence ------------. 330 || Scott ------------------ 250
Crawford. ------------ 470 || Lee -------------------- 740 || Shelby. --...--...------ 760
Cumberland. --...------ 350 || Livingston -----------. 1,040 || Stark ------...--...----- 290
De Kalb -------------. . 650 || Logan ----------------. 620 || Stephenson. --......... 560
De Witt ------...--..... 440 || McDonough ----------. 580 || Tazewell .............. 650
Douglas --------------- 410 || McEHenry-------------. 650 li Union ---------...----. 400
Du Page.-------------. 340 || McLean --------------- 1, 150 || Vermilion ---.......... 1,000
Iºdgar ----------------- 630 || Macon ------ --...----. . 580 || Wabash ............ ... 220
Edwards.-------------- 220 || Macoupin ------------. 880 || Warren . . . . .......... 540
Effingham ------------. 490 || Madison --------------. 740 || Washington ------..... 54()
Fayette---------------- 720 || Marion --------------- 580 || Wayne -----...-----.... T20
Ford ------------------ 490 || Marshall ... -- - - - - - - - - -. 400 || White . . . . . . . . . . . . . . . . . 500
Franklin -------------. 430 || Mason ----------------- 460 || Whiteside -- - - - - - - - - - - - 700
Fulton----------------- 870 || Massac ---------------. 240 || Will . . . . . . . . . . . . . . . . . . . 850
Gallatin --------------- 340 li Menard---------------. 320 || Williamson ------...... 440
Greene ---------------. 530 || Mercer ---------------. 540 || Winnebago.----------- 540
Grundy --------------. 440 || Monroe ---...---------. 380 || Woodford - - - -----..... 540
Hamilton -------------. 440 || Montgomery...--------. 740
INDIANA.
The State........ 35,910 || Harrison ---...---...--. 470 || Pike................... 330
* F- Hendricks ------------. 400 Porter----------------- 410
Adams ---------------- 330 || Honry - - - - - - - - - - - - - - - - 400 || Posey--------------.... 410
Allen ------------------ 650 || Howard ... . . . . . . . . . . . . 300 || Pulaski-...------...... 430
Bartholomew ---------- 400 || Huntington ----...----. 380 || Putnam ............... 490
Benton ---------------- 380 || Jackson --------------. 510 || Randolph. ---------...- 460
Blackford.------------. 170 || Jasper.--------------.. 570 || Ripley. -----------..... 450
Boone ----------------- 420 || Jay.------------------. 420 || Rush -------------..... 400
Brown---------------. 330 || Jefferson -----......... 370 || Saint Joseph....... . . . . 470
Carroll ---------------- 370 || Jennings ...-----------.. 380 || Scott -----------....... 190
Cass ------------------- 420 || Johnson - - - - - - - - - - --.. 320 || Shelby.----------...... 400
Clark ------------------ 400 || Knox ------------------ 510 || Spencer -----.......... 300
Clay------------------ 360 || Kosciusko. ----........ 570 || Starke.--------------. . 300
Clinton ---------------- 400 || Lagrange -------------- 400 || Steuben ----------...- . 330
Crawford -------------. 270 || Lake ---------------- 500 || Sullivan -----...----.... 440
Daviess---------------. 430 || La Porte. -------------- 540 || Switzerland ...-----.... 230
Dearborn. ------------- 300 || Lawrence......... - - - - - 440 || Tippecanoe. ----------- 500
Decatur --------------- 380 || Madison.-----------... 450 || Tipton.--------------. 260
De Kalb --------------- 370 || Marion ---------------. 400 || Union ----------...... 176
Delaware -------------- 400 || Marshall--------------. 430 || Vanderburgh ---------. 230
Dubois --------------- . 410 || Martin ---------...----. 340 || Vermillion.---...------ 270
Elkhart.--------------- 470 || Miami -----------...--.. 360 || Vigo.------------------ 410
Fayette---------------- 210 || Monroe ---------------. 430 || Wabash -----...- ... . . . 430
Floyd..... tº a sº e º ºs º º a º º tº r 140 || Montgomery----------. 470 || Warren ---------------. 360
Fountain -------------- 390 Organ - - - - - - - - - - - - - - - - 430 || Warrick ----...----. -- 390
Pranklin -------------- 400 || Newton ----------...-. 400 || Washington ........... 500
Fulton.---------------- 380 || Noble. --------------... 420 || Wayne ---------------. 390
Gibson ---------------- 490 || Ohio ------------------. 90 li Wells. -----...-------...-- 370
Grant ----------------- 420 || Orange ---------------. 400 li White -----------...... 500
Greene ---------------- 540 || Owen -----------. -----. # , whiley............... 330
Hamilton -------------- 400 || Parke ------------...--.. 440 h
cock--------------- 330 || Perry....... s" - - * * * * * * * * 380


CENSUS ESTIMATE OF AREAs, 1880.
1203
Areas of the States and Territories, by counties—Continued.
IOWA.
Area in Area in Area in
Coºaties. Square Counties. Square Counties. Square
miles. miles. miles.
*r-
The State..... --. 55, 475 Fayette. ------------ 720 Monona. --------. ------ 684
= | figyd............... 500 Monroe. --------------. 432
Adair------------------ 576 Franklin ----...--.. 576 Montgomery.......... 5 432
Adams ---------------. 432 | Fremont - - - - - - - - - - - - 500 . Muscatine . . ... --...--.. 432
Allamakee------------- 600 Greene ------------- 576 O’Brien . --...----. ------ 576
Appanoose -----------. 500 Grundy ----------. . 500 Osceola. --...----...----. 432
Audubon -------------. 432 | Guthrie------------. 576 Page - - - - -------------. 54()
Benton ---------------- 720 | Hamilton . . . . .-------- 576 Palo Alto.............. 576
Black Hawk. ---------. 576 | Hancock-----------. 576 Plymouth. . . . . . . .----- 820
Boone ----------------. 57G | Hardin . --...--...-- 576 Pocahontas . . . . . . . . . . . . 576
Bremer ---------------. 432 | Harrison - - - - - - - - - - - 630 Polk ------. . . . . . .----. 76
Buchanan ------------. 576 | Henry ... -----------. 432 Pottawattamie ........ 900
Buena Vista ----------. 76 Howard. --...----...-- 500 Poweshiek---.......... 576
Butler ----------------- 570 | Humboldt . . . . . . . . . . . . . 432 Ringgold ---...--------. 540
Calhoun --------------. 576 Ida -------------------- 432 ' Sac - - - - - - - - - - - - -------- 576
arroll ---------------- 576 | Iowa. . . . .-------------. 576 Scott - - - - - - - - - - - - ------ 440
Cass ------------------- 576 | Jackson . . . . . . . . . . . . 610 Shelby--------...-----. 576
Cedar------------------ 576 || Jasper. ---------. --- 720 Sioux - - - - - - - - - - - - - - ---. 720
Cerro Gordo ... . . . . . . . . 576 Jefferson ........... 432 Story.----. ------------ 576
Cherokeo -------------- 576 Johnson . . . . . . . . .--- 576 || Tama -----------------. 720
Chickasaw ...---------. 500 | Jones . . . . . . . . . . . . . 576 || Taylor ------------..... 540
Clarke ----------------- 432 || ICeolºuk - - - - - . . . . . . . 576 Union. -- . . . . . . . ... -- 430
Clay ------ s sº gº º sº sº e º e s ºs e = 576 IXossuth - - - - - - - - - - - - 972 || Van Buren............. 480
Clayton---------------. 740 | Lee. --------------- . . . . 486 || Wapello ... --...--...----. 430
Clinton ... -------------. 680 Linn. ------------------ 720 Warren... -----. . . . . . . . . 576
Crawford . . . . . . ... ----. 720 | Louisa.-- - - - - - - - - - - - 360 Washington . . . . . . . . . . . 76
Dallas ----------------- 576 i Lucas . . . . . . . . . . . . . . 432 Wayne ---...--...-- - - - - 525
Davis ----------- ----- 500 Lyon -------------.. 612 i. Webster............... 720
Decatur ------. . . . . . . . . 520 | Madison - - - - - - - - - ... 576 || Winnebago ------------ 400
Delaware .----. . . . . . . . . 576 Mahaska - - - - - - - - - - - 576 || Winneshiek - - - - - - - - - - - 720
Des Moines. . . . . . . . . . . . 400 | Marion - - - - ......... 576 || Woodbury. . . . . . . . . . . . . 800
Dickinson ------------- 400 | Marshall.--...------- 576 || Worth -----...----...-- tº 400
Dubuque -------------- 600 ills . . . . . ---------- 420 || Wright ---------------. 576
Emmet ...--------------. 400 Mitchell -- - - - - - - - - - - 480 ||
KANSAS.
The State...----- 81,700 || Graham -...--...-----. 900 || Pawnee-----------..... 756
== || Grant. -------------- 576 iſ Phillips---------------. 900
Allen . ----------------- 504 || Greeley. ---...-----. 792 | Pottawatomie ..... ---. 850
Anderson -------------- 576 || Greenwood ....... -- 1, 152 || Pratt ---------...-------. 720
Arapahoe. ------------- 576 || Hamilton ....... ... 900 Rawlins -------------. * 1,080
Atchison ------ ------. 400 || Harper ------------. 810 || Reno - - - - - - * * * * * * > Gº &e º sº as 1,260
Barbour --------------. 1, 150 || Harvey - - - - - - - - - - - - - 540 | Republic -------------. 720
Barton. ---------...--.. 900 || Hodgeman.......... 864 || Rice ------------------- 720
Bourbon . --...----...-- 650 iſ Jackson . . . . . . . . . . . . 640 || Riley . . . . . . ............ 600
TOW D - - - - - - - - - - - - - - - - - 576 || Jefferson - - - - - - - - - - - 550 || Rooks . . . . . . . . ... -----. 900
Buffalo ----------- - - - - 576 || Jewell - - - - - - - - - - - - - - 900 || Rush . . . . . . ............ 720
Butler ----------------- 1,428 iſ Johnson . . . . . . . . . . . . 450 tussell ---------------. 900
Chase.----------------- 744 || Kansas ------------. 810 || Saline . . . . . --------.... 720
Chautauqua -- ------.. 650 || Kearney.----...--... 864 || Scott . . . . . . ........... 720
Cherokee -------------. 576 || Kingman ----------- 864 || Sedgwick.............. 1,000
Cheyenno--------...----. 1,020 || Labette. ------------ 670 || Sequoyah ----...--...--. 864
Clark -----------------. 1, 188 || Lane --------------- 756 || Seward .... -----...----- 648
Clay------------------- 660 || Leavenworth ....... 450 || Shawnee............ --. 576
Cloud------------------ 720 || Lincoln ------------- 720 || Sheridan............... 720
Coffey ---------------. tº 648 || Linn.------------------ 576 || Sherman............ 4)- 1,080
Comanche ------------- 1, 170 li Lyon ...---------...-- 850 || Smith.----...-...--...-. 900
Cowley --------------- 1, 116 || McPherson ...------ 720 || Stafford ... ............ 792
Crawford ----------- - - 580 || Marion . --...----...- 900 || Stanton...........----. 696
avis.----------------- 392 || Marshall.------...------ 900 || Stevens. --...---------. 648
Decatur --------------- 900 || Meade .............. 936 || Sumner. --...----------- 1, 188
Dickinson . -----------. 840 || Miami .............. 576 || Thomas . . . . --...--...-- 864
Doniphan ------------. 378 || Mitchell............ 720 || Trego. -------...--...--. 900
Douglas --------. ------ 456 || Montgomery. ------- 648 li Wabaunsee............ 796
Edwards. ------------. § 972 orris. ------------ 684 allace --------------- 2,556
Elk -------------------- 650 || Nemaha ... -------...- 720 || Washington ----------. 900
Ellis . . . . . . ------------- 900 || Neosho ---...-------- 576 ichita -------------- 720
Ellsworth - - - - - - - - - - --. 720 li Ness. ------------------ 1,080 || Wilson ................ 576
Foote ------------------ 720 | Norton ---...-...-.. 900 iſ Woodson ........... --. 504
Ford------------------- 1,080 Sage- - - - - - - - - - - - - - - 720 || Wyandotte ............ 160
Franklin -------------. 576 | Osborne ............ 900 |
Grove .---------------. 720 | Ottawa .--------...-- 720

*.
1204 CENSUS ESTIMATE OF AREAs, 1880.
Areas of the States and Territories, by counties—Continued.
ECENTUCKY.
* Area in Area in Area in
Counties. Square Counties. Square Counties. square
miles. miles. miles.
The State..... --- 40,000 || Garrard ............... 250 || Mason ----------------. 330
|== || Grant------------------ 200 || Meade ----------------- 86)
Adair. ---------------. 400 || Graves . . . . ........... 590 || Menifee. -------------- 300
Allen ------------------ 300 || Grayson --------------- 590 || Mercer ---------------- 400
Anderson-------------- 180 || Green ---------------- 300 || Metcalfe. --...----. ----- 440
Ballard -------------- - - 420 || Greenup. --------...--. 380 || Monroe ---------------. 200
Barren --------------- 500 || Hancock----------..... 200 || Montgomery. -- - - - - - - - - 260
Bath. ------------------ 290 || Hardin -------------... 300 || Morgan. -- - - - - - - - - - - - - - 409
Bell. ------------------. 190 || Harlan -----...---------. 410 || Muhlenburgh.--------. 600
Boone ----------------- 300 || Harrison - - - - ----...... 380 || Nelson. ---------------- 259
Bourbon --------------- 300 || Hart------------------- 400 || Nicholas--------------. 546
Boyd -----------------. 250 || Henderson......... ---. 450 || Ohio ------------------ 270
Boyle ------------------ 180 li Henry ---------------. . 260 || Oldham - - - - - - - - - - - - - - - - 360
1}racken ------. ------- 200 || Hickman . ------------ 240 || Owen -----------------. 250
Breathitt ---...--------. 450 || Hopkins ---------...---- 450 || Owsley ---------------- * 280
Breckenridge ---------- 500 || Jackson --------------. 300 li Pendleton . . . . . . . . . . . . . 400
Bullitt ----------------- 300 || Jefferson -----......... 430 || Perry------------------ 406)
Butler ----------------. 370 || Jassamine -------...... 300 || Pike ------------------ 140
Caldwell.--. --...----. 310 || Josh Bell ---------...-. 190 || Powell.----...---------- 649
Calloway ------------- . 450 || Johnson --------------. 360 || Pulaski ... --......... -- 120
Campbell.........----- 120 || Kenton ---------------. 150 || Robertson ...........-- 300
Carroll.--...------------ 160 || Knox ------------------ 400 || Rockcastle. ----...----- 300
Carter ----------------- 790 || La Rue ---...----------. 300 || Rowan. ---...------------ 300
Casey. .... ------...----- 300 || Laurel ---------------.. 620 || Russell ...... . . . * * * * * * * 240
Christian ---------. ---. 590 || Lawrence. --...--------. 500 || Scott ... -----------...-- 240
Clark. ----------------- 210 il Lee .------------------- 120 || Shelby. - - - - - - - - - - - - - - - - 400
Clay ------------------- 420 || Leslie ----------------. 300 || Simpson ---------...----- 400
Clinton --------------. 200 || Letcher.--------------. 300 || Spencer.--------...--* * * * 250
Crittenden. ------...--...- 420 || Lewis - - - - - - - - - - - - - - - - - 960 || Taylor. -- - - - - - - - - - - - - - - 289
Cumberland ........... 500 || Lincoln ---------...------ 300 || Todd ------------------ 350
Daviess --------------. 450 || Livingston . . . . ---...-. 280 || Trigg - - - - - -----------. 420
Edmonson ------------ 280 || Logan ---------------- 590 || Trimble . . . . . ---------. 150
Elliott --------------- ge 220 li Lyon -----------------. 300 || Union . ---------------. 350
Iºstill -----------------. 300 || McCracken ...--------. 330 || Warren. . . . .----...-- - - - 550
Fayette.--------...----- 300 || McLean --------------- 230 || Washington ---...------ 300
Fleming .-------------- 340 || Madison ------------... 440 || Wayne ---------------. 439
Floyd. ----------------- 500 || Magoffin . --...-------... 300 || Webster............... 286
Franklin. ------------- 200 li Marion - - - - - - - - - - - . . . . . 330 || Whitley --------------. 560
Fulton. ---------------. 200 || Marshall....... . . . . . . . . 350 || Wolfe ... ---...----..... 196
Gallatin --------------. 150 || Martin.---------------. 230 || Woodford ............. 200
|
LOUISLANA
The State..... --- 45, 420 Iberia.----------------- 582 || Saint Charles ...... º e º sm 284
== | Iberville. --...---------- 646 || Saint Helena.-----...--. 423
Ascension ------------- 373 || Jackson --------------. 590 || Saint James------------ 308
Assumption ----------. 327 || Jefferson - - - - - - - - - - - - - - 395 || Saint John Baptist. . . . . 196
Avoyelles ------------- 852 || La Fayette -----------. 262 || Saint Landry -----...--. 2,276
Bienville. --------...--. 856 || Lafourche .--...------- 1,024 iſ Saint Martin...... . . . . . 618
Bossier ---------------. 773 || Lincoln. --------------- 485 || Saint Mary - - - - - - - - - - -. 648
Caddo ----------------. 852 || Livingston. ------------ 600 || Saint Tammany........ 923
Calçasieu. --- - - - -...-. 3,400 || Madison . -------------- 672 || Tangipahoa ------------ 790
Caldwell.-------------- 535 || Morehouse. ------...----. 842 || Tensas. ---------------. 612
Cameron. -------------- 1, 545 iſ Natchitoches - - - - - - - - - - 1, 290 || Terrebonne -----------. 1,806
Catalioula ------------- 1, 378 || Orleans ---------------. 187 || Union.----------------- 910
Claiborne -------------. 796 || Ouachita. -------------. 640 || Vermillion........----. 1,226
Concordia ...----...----. 680 || Plaquemines ------...-. 930 || Vernon ---...-----...--. 1, 540
De Soto. . ... -- - - - - - - - - 856 || Point Coupée ---------. 575 || Washington. - ... . . . . . . . 668
East Baton $ouge •e ºs e º ºs 442 || Rapides---------------. 1,498 || Webster - - - - - - - - - - . . . . . 612
East Carroll . . . . .------ 400 || Red River ............. 386 || West Baton Bouge..... 210
East Feliciana.......... 483 || Richland............... 578 || West Carroll....... . . . . 380
Franklin.-------------. 596 || Sabine ----------------. 1,008 || West Feliciana. . . . . . . . . 370
Grant.----------------- 642 || Saint Bernard.-----...--. 680 || Winn ------------------ 979
MAINE.
| t | t
The State........ 29, 895 Hancock. ------ - - - - - - , | 1,650 || Piscataquis. --...------. 3,600
===# Kennebec. -- - - - ------- 875 # Sagadahoc ------...----- 260
Androscoggin ......... 475 || Knox ------------------ 325 || Somerset. ---------..... 3, 510
Aroostook ------------- 7, 200 || Lincoln ---------------- 525 || Waldo ----------------. 81.0
Cumberland ----------- 1,000 || Qxford. ---------------- 1,900 || Washington ---........ 2,480
Franklin--------------- 1,600 Penobscot ------------- 2,900 York ------------------ 785


CENSUS ESTIMATE OF AREAs, 1880. 1205
Areas of States and Territories, by counties--Continued.
MARYLAND.
Area in Area in Area in
Square Counties. square Counties. square
miles. miles. miles.
9, 860 || Charles ---------------. 450 || Queen Anne........... 420
Dorchester -----------. 630 || Saint Mary's........... 400
520 || Frederick.............. 620 || Somerset.------------. 460
390 || Garrett ----...-...----- 509 | Talbot ----------------. 280
600 || Harford.--------------. 420 | Washington ----------. 460
220 || Howard----------...-.. 200 || Wicomico ............. 360
300 || TKent. ------------------ 310 || Worcester------------- 320
- - - - - - - - - - - - - - tº º sº 430 || Montgomery----------. 500
ºw tº º º º º º sº e º 'º me • * * * * * * 470 || Prince George's........ 500
MASSACHUSETTS.
8,040 iſ Essex. ----------------. 500 | Norfolk.----------..... 530
===|| Franklin. --------- . . . . 680 || Plymouth-------------- 725 °
290 || Hampden.-------------. 670 || Suffolk...---------...--. 15
1,000 || Hampshire ... --------- 540 || Worcester............. 1, 550
• * * * * * * s sº ºn a - * * * * * 530 || Middlesex ............. 830
* * * * * * * * * * * * * * * * * 120 || Nantucket-----------.. 60
MICHIGAN.
57, 430 || Hillsdale ......... ----. 610 || Missaukee. -----....... 580
Houghton ------------- 1,000 ODTO6 - - - - - - - - - - - - - - - - 500
700 || Huron - - - - - - - - - - - - - - - - - 750 || Montcalm.............. 720
830 || Ingham. --------------- 560 || Montmorency. --...----. 580
580 || Ionia -----------------. 580 || Muskegon ............. 520
540 || Iosco . ----------------- 580 §” • * * * s a sº e º 'º - - e s 860
Baraga - -------------- 900 || Isabella ---...--------. 580 || Oakland ............... 900
TV - - - - - - - - - - - - - - - - - - 580 || Isle Royale ............ 230 || Oceana ---...---------. 540
Bay.------------------- 820 || Jackson --------------. 720 || Ogemaw.-------------. 570
• * * * * * * * * * - - - e º sº s 340 || Kalamazoo------------. 580 || Ontonagon............. 2, 540
580 || Kalkaska ---...--------. 580 || Osceola.----........... 580
500 || Kent. ------------------ 860 || Oscoda. -----...-------. 580
720 || Keweenaw. -----------. 360 || Otsego. --------...----. 540
* - - - - e º ºs e º ºs ºn a * * * * * * 500 || Lake -------...--------. 580 || Ottawa ----------...--. 540
380 || Lapeer------...--------. 660 || Presque Isle........... 750
860 || Leelenaw -------------- 360 || Roscommon ........... 580
2,000 || Lenawee. . . . . . . . . . . . . . . 750 | Saginaw --------------. 840
wn at e º gº tº º ºs ºr º e º sº º tº sº tº s 580 || Livingston------------. 580 || Saint Clair ----........ 720
580 || Mackinac-------------. 1, 100 || Saint Joseph .......... 520
580 || Macomb --------------. 480 || Sanilac .............. 960
- - - - - * * * * - - - - - - - tº º 1, 100 || Manist; e - - - - - - - - - - - - -. 550 || Schoolcraft.-----...--- 2,030
- - - - - sº * * * - - - - - - * = 580 || Manitou --------------. 200 || Shiawassee .----....... 540
460 || Marquette ------------. 3,400 || Tuscola. ------...-------. 830
640 || Mason ----------------- 500 || Van Buren............. 620
- 540 l. Mecosta --------------- 580 || Washtenaw. . . . . . . . . . . . 720
Grand Traverse 460 l Menominee............ 1,400 || Wayne ---------------. 600
Gratiot --------------- 580 || Midland --------------. 530 || Wexford...------------. 580
MINNESOTA.
79,205 || Hennepin.............. 610 || Polk.-----------------. 4, [00
*- Houston --------------. 580 || Pope------------------. 720
* * * * * * * * * * * * * * * * * 1,900 || Isanti.----------------. 420 || Ramsey. --------------. 180
- - - tº ſº tº a se - as º º º ºs e s as 450 || Itasca ---------------..] 5,000 || Redwood ---------..... 900
* - - * * * * * * ~ * - * * * * * 1,440 || Jackson ... ---...--...- ... 720 || Renville -----.......... 900
5,000 || Kanabec. ----...--...... 540 || Rice -----------------.. 520
390 || Kandiyohi.----------- 860 || Rock . . . . .----...--...--. 470
500 || Kittson - - - - - - - - - - - - - - -. 2,265 || Saint Louis............ 6,000
750 || Lac-qui-parle -----, ---. 680 || Scott ------------------ 400
- - - - - - - - - - - - - - sº s 600 ake. ------------------| 3,000 || Sherburne .-----------. 450
860 || Le Sueur -----...-...--. 460 || Sibley ---...--...----...- 580
* - - tº sº º sº º ºs º º sº e º sº tº a 360 || Lincoln ---------------. 430 || Stearns ---...-------.... 1, 350
is ºr * * * * * * * * * * * * * * * g e 4,000 || Lyon ------------------ 720 || Steele------------------ 430
580 || McLeod - - - - - - - - - - - - - 500 Stevens. --...----------. 580
430 || Marshall...... . . . . . . . . . 1,980 || Swift .----...----------. 580
• * - - - - e º ºs º e º - a - sº e s ºr 1,000 || Martin. ---------------. 720 Todd - - - - - - - - - - - ------ 1,000
* * * * * * * * * * * * - - - - is s e 460 || Meeker ---------------. 630 || Traverse - - - - - - - - - - - - - - 560
649 || Mille Lacs ------------- 580 Wabasha . . . . . . . . . . . . . 540
580 || Morrison .............. 1, 150 " Wadena -------------. 540
600 || Mower. ---------------. 720 Waseca --...----------- 430
- - - - tº º ºs ºs º ºs - - - - e º as 430 || Murray. ---------...... 720 Washington ........... 400
720 || Nicollet................ 460 , Watonwan - - - - - - - - - - -. 430
T20 || Nobles.---------------- 720 i Wilkin ---...--...-..... 830
860 || Olmsted ..... . . . . . . . . . 660 Winona. --...--...--...--. 660
720 || Otter Tail ---......... . 2, 200 Wright ------ * = a- - - - - - - - 700
760 || Pine ------------------. 1,400 || Yellow Medicine ...... 540
• * * * * * * * * * * * * * * * * *. 580 || Pipe Stone.-----------. 460



1206 CENSUS ESTIMATE OF AREAS, 1880.
Areas of States and Territories, by counties–Continued. **
MISSISSIPPI.
Area in Area in Area in
Counties. square Counties. square Counties. Square
miles. miles. miles.
The State-------- 46, 340 || Issaquena ...----------. 300 || Pike ------------------- 720
==ll Itawamba ------------- 550 || Pontotoc---------...--. 530
Adams ---------------- 410 || Jackson --------------- 1, 140 || Prentiss ----------...--. 410
Alcorn. ---------------- 400 || Jasper------------ as º gº tº * 680 || Quitman.---------..... 400
Amite ----------------- 720 || Jefferson ---...-----...--. 510 || Rankin -----........... 800
Attala . . . . . ------------ 720 || Jones. --...---------...--. 700 || Scott ---------....... 580
Benton ---------------- 360 || Kemper -----...--...--. 750 || Sharkey ............... 540
Bolivar ---------------- 900 || La Fayette -----...----. 720 || Simpson ------......... 580
Calhoun --------------- 580 || Lauderdale ------------ 680 || Smith. --------...-----. 600
Carroll ---------------- 640 || Lawrence..... . . . . . . . . . 620 || Sumner. --------....... 400
• Chickasaw. ------------ 500 || Leake ------ - --------. 580 || Sun I'lower ............ 720
Choctaw. -------------- 270 || Lee .------------------ 540 || Tallahatchee .......... 640
Claiborno -------------. 460 || Lo Flore. ----------...--. 610 || Tate ------------------ 390
Clarke.----, ----------- 630 || Lincoln. --------------- 580 || Tippah ---------------- 450
Clay ------------------- 400 || Lowndes ...... . . . . . . . 500 || Tishomingo.----------- 450
Coahoma -------------- 500 || Madison . . . . . . . . . . . . . . . 720 || Tunica----------------- 440
Copiah ---------------- 750 || Marion . -----------. . . . 1, 500 || Union - - - - - - * - sº sº º sº e º 'º º s 360
Covington ------------- 580 || Marshall . . . . . . . . ... --. 720 || Warren---------------. 600
Do Soto---------------- 400 || Monroe - - - - - - - - - - - - - - - - 790 || Washington -------.... 900
Franklin. ------------- * 560 || Montgomery........... 430 || Wavne ---------------. 790
Greene ---------------- 790 || Nesboba ............... 580 || Wilkinson ....... ------ 650
Grenada --------------. 440 || Newton ............... 580 || Winston. -------------. 690
Hancock. -------------- 940 || Noxubee. -------------. 680 || Yalabusha. ----------.. 460
Elarrison -------------. 1,000 || Oktibbeha ------...----- 430 || Yazoo ----------------. 1, 000
Hinds ----------------- 800 || Panola. ---------------. 680
Holmes ---------------- 750 || Perry------------------ 1,000
MISSOURI.
|
The State........ 68,735 || Gentry ---------...------ 500 || Ozark ----------------- 740
|=| Greene ---------------- 650 || Pemiscot ...... . . . . . . . . 480
Adair.----------------- 570 || Grundy. --------------- 460 || Perry------------ . . . . . 440
Andrew --------------- 420 || Harrison -------------. 750 || Pettis ----------------- 680
Atchison -------------- 580 || Henry----------------- 760 || Phelps----------------- 650
Audrain --------------- 690 || Hickory.--...---------. 410 || Piko.----------...------ 620
Barry------------------ 800 || Holt ------------------. 470 || I’latte ------------...-. 410
Barton.---------------- 580 || Howard -------------.. 450 || Polk.------------------ 640
IBates ----------------- 900 H. Howell . . . . . . . . . . . . . . . 920 | Pulaski------- - - - - - - - - - 520
Benton ---------------- 750 li Iron ------------------- 550 || Putnam --------------. 540
Bollinger -------------- 540 iſ Jackson --------------- 600 , Italls -----------------. 500
Boone.---------------. 680 || Jasper ------...---------- 680 || Randolph. ----- - - - - - - - - 470
Buchanan .------------ 420 || Jefferson -------------. 650 || Italy ------------- * = & s = - 586
Butler ----------------- 589 || Johnson --------------. 800 || Reynolds ---------...-. 760
Caldwell.-------------- 440 || Rinox --...--------...--- 520 || Ripley. ---- ---------- 620
Callaway ------------- 760 || Laclede . . . . . . . . . . . . . 750 || Saint Charles ---------. 520
Camden --------------- 720 || La Fayette - - - - - - - - - - - - §39 | Saint Clair------------- 690
Cape Girardeau. --...--. 540 Lawrence-------------. 620 || Saint François......... 400
Carroll ---------------- 690 || Lewis - - - - - - - - -...------ 520 || Sto Geneviève......... 440
Carter ----------------- 500 || Lincoln. --------------- 590 || Saint Louis ------...... 560
Cass ------------------- 690 || Linn. --...-----. ------. 620 Saline ----------------- 760
Cedar.----------------- 490 || Livingston ...... ------ 520 || Schuyler. --...--------. 340
Chariton. ---------. * * * * 740 || McDonald ...----------- 570 || Scotland --------------. 450
Christian -----...------- 540 || Macon.......... a º ºs e º de & 830 || Scott ---------------. 449
Clark------------------ 500 || Madison ---------...--- 500 || Shannon. ...--------..... 1, 900
Clay ------------------- 410 || Maries. ---------------- 520 i Shelby. ---------------. 520
Clinton ---------------- 450 || Marion -----------. . . . . 420 || Stoddard -------....... 850
Cole ---------- sº º sº sº sº, sº ºn s = 400 || Mercer ................ 500 || Stone.-----------------. 520
Cooper. ---------------- 560 || Miller ........ --- - - - - -. 580 || Sullivan ----------...-. 660
Crawford.------------. 720 || Mississippi ... --------- 430 || Taney ----------------- 800
Dade ------------------ 500 || Moniteau. ---.......... 430 || Texas ---------------- 1, 145
Dallas ----------------- 530 || Monroe - - - - - - - - - - - - - - -. 650 || Wormon ---------------- 830
Daviess---------------- 580 Montgomery: .... ------ 560 || Wai Ten---------------. 430
De Kalb --------------- 450 iMorgan -----...--. ------ 650 || Washington ------...-. 800
Dent------------------- 720 || New Madrid. ... ...... 620 || Wayne ---------------. 720
Douglas --------------- 800 || Newton. --...----...--- - 650 || Webster------. -------- 650
Dunklin --------------- 500 || Nodaway.............. 790 || Worth. ---------------- 280
Franklin . ------------. 870 || Oregon ---------------- 740 || Wright---------------- 726
Gasconade.------------ 510 || Osage.................. 580 -
I


CENSUS ESTIMATE OF AREAS, 1880.
1207
Areas of States and Territories, by counties—Continued.
MONTAINA.
|
Area in iſ Area in Area, in
Counties. square Counties. Square Counties. square
miles. miles. miles.
The Territory ---| 145,310 || Dawson - - - - - - -...----- 18,000 || Madison.--------...--. 4,900
===|| Deer Lodge------------ 6, 500 || Meagher--------------. 16, 000
Beaver IIead...... ----- 4, 230 || Gallatin ---------...--. 6,000 || Missoula -----...------. 21,000
Chocteau -------------. 27, 380 || Jefferson ---------...-. 1, 900
Custer----------------. 30, 500 || Lewis and Clarke...... 2,900
NEBRASIKA. *
The State. ------. 76, 185 Frontier --------------. 972 || Otoe ------------------- 648
===l Furnas ---------------. 720 || Pawnee---------------- 432
Adams ---------------- 576 || Gage ------------------ 860 || Phelps----------------- 576
Antelopo -------------- 864 || Gosper ---------------- 408 || Pierce ---...------------ 540
Boone ----------------. 684 || Greeley------.... ------ 76 || Platte ---...------------. 684
I}uffalo ---------------- 882 || IIall ------------------. 576 || Polk.-----------------. 450
Burt.------------------ 468 il IIamilton -------------. 576 || Red Willow - - - - - - - - - - - 720
Dutler ----------------- 500 || Harlan ---------------. 576 || IRichardson ------------ 540
Cass ------------------ 500 || Iſayes ----------------- 720 li Saline ----------------. 576
Cedar------------------ 790 || Hitchcock -----...----- 720 || Sarpy------------------ 230
Chase.----------------- 900 || Holt .------------------ 2,440 " Saunders ---------...--. 756
Cheyenno----, --------. 6,840 || IIoward ---...--------. , 576 || Seward ------. * * * * * - - - - 576
lay ------------------- 576 || Joſferson - - - - - - - - - - - - - - 576 || Sherman. --...----...--. 576
Colfax. ---------------. 400 || Johnson --------------. 400 || Sioux ------------------ 21, 070
Cuming---------------- 340 || Kearney--------------. 576 || Stanton.---------------- 576
Custer ----------------. 2,590 || ICeith. ----------------- 2,000 || Taylor. ---------------. 576
Dakota ---------------. 280 || Knox.----------------. 1,040 || Thayer ---------------- 576
Dawson --------------. 1,000 || Lancaster ------------- 864 || Valley----------------- 576
Dixon ------------- --. 408 || Lincoln ---------...----. 2,500 || Washington ----------- 390
Dodge ----------------- 500 || Madison ---------.... -. 576 || Wayne ---------------. 444
Douglas --------------. 360 || Merrick --------------. 400 || Webster.-------------. 576
Dundy----------------. 900 || Nance ----------------- 430 || Wheeler.--...-...-----. 1, 150
Fillmore --------------- 576 || Nemaha - - - - - - --...----. 400 || York ------------------ 576
Franklin -------------. 576 || Nuckolls --- - - - -...-- 576
* Part of the area is embraced in Indian reservations.
NHSVADA.
The State---...--. 109, 740 || Bureka .----..... -----. 4, 500 || Ormsby.--------------. 180
- ==ll Humboldt ------------- 18,000 IRoop * * * * * * tº sº e º me sº tº m sº e º as 5, 200
Churchill -------------. 6,400 || Lander ---------...----- 6,700 || Storey ----------------- 470
Douglas --------------- 790 || Lincoln---------------- 19,000 || Washoe --------------. 1, 150
Elko. ------------------ 8,000 YOIl - - - - - - - - - - - - - - - - - - 450 || White Pine.----...---. 9,400
Esmeralda.------------ 5, 500 || Nye ------------------- 24,000
NEW EIAMPSHIRE.
|
The State.-...--. 0, 005 || Cheshire............... 780 || Merrimack ............ 920
===l Coos ------------------- 1,980 || Rockingham. ---------. 740
Belknap --------------- 400 || Grafton.----...-------. 1, 525 || Stafford.--------------. 320
Carroll ---------------- 780 || Hillsborough ------...--. 980 || Sullivan --------------- 580
NEW JERSEY.
The State..... --. 7,455 || Essex. ----------------- 125 || Ocean ---...----------.. 670
===ll Gloucester------------- 250 || Passaic ------------.... 199
Atlantic --------------- 620 || IIudson. --. ------------ 40 || Salem... --------------- 340
Bergen ---------------. 220 || Hunterdon ---...-...--. 420 || Somerset ---------..... 300
"Burlington ------------ 860 || Mercer ------------...--. 220 || Sussex. ---------------- 500
Camden ---------. ----- 270 || Middlesex. ----...----... 300 || Union.---------------- 110
Cape May ------------. 250 || Monmouth -----------. 450 || Warren................ 340
Cumberland ----------- 500 || Morris.---------------. 480





1208 * CENSUS ESTIMATE OF AREAS, 1880.
Areas of States and Territories, by counties–Continued.
NEW MEXICO.

;
Area in Area in Area in
Counties. Square Counties. Square Counties. Square .
miles. miles. milos.
The Territory ... 122,460 || Grant-----------------. 9,500 || Santa Fé............... 1, 500
==ll Lincoln -------------- 14,800 || Socorro.--------------. 17, 800
Bernalillo. ------------. 8, 200 || Mora ------------------ 4,000 || Taos. ------------------ 8,000
Colfax ----------------. 6,600 || Rio Arriba. ----..... . . . 7, 160 || Valencia... --...------- 9, 400
Doña Aña ------------- 21,000 || San Miguel -----------. 14, 500
NEW YORK.
The State........ 47, 620 || Hamilton.--...----. .... 1, 750 || Richmond ------------- 60
===l Herkimer. ------------- 1,440 || Rockland.------------. 200
Albany---------------. 490 || Jefferson -------------- 1, 140 # Saint Lawrence.------- 2,900
Allegany -------------. 1,050 || Kings------------------ 70 || Saratoga--------------. 800
Broome ---------------. 690 || Lewis - - - - - - - - * G - - & e - - 1,300 || Schenectady ----------. 200
Cattaraugus ---------.. 1, 350 || Livingston -----------. 650 || Schoharie....... --...--. 650
Cayuga ---------------- 760 || Madison ------...------. 630 || Schuyler........... --.. 400
Chautauqua ----------. 1,000 || Monroe ---------------- 720 || Seneca.-----------...---- 340
Chemung ---------...-- 440 || Montgomery........... 400 li Steuben ---------...---- 1, 500
Chenango.-------------- 800 || New York. . . . ........ . 20 || Suffolk ----...----. ---. 750
Clinton.--------------- 1,000 || Niagara - - - - - - - -...-- - e. 500 || Sullivan --------------- 900
Columbia -------------- 690 || Oneida-----...---------- 1,200 || Tioga----- - - - - - - - - - - - - - * 500
Cortland.-------------- 480 || Onondaga-------------. 820 || Tompkins ------------. 500
Delaware. --------...--. 1, 550 || Ontario ---------------. 680 ii Ulster ---...---------.. 1, 150
Duchess --------------. 820 || Orange ------------...-- 800 || Warren * - - tº * - 940
Erie -----------------. -| 1,000 || Orleans---------------- 400 Washington ........... 860
Essex. ----------------- 1, 650 || Oswego - - - - - - - - - - - - - - - 960 || Wayne ----------...- 630
Franklin. -------------- 1, 760 || Otsego ---...----------. 950 || Westchester........... 500
Fulton.---------------- 540 || Putnam - - - - - - - - - - - - - - 240 || Wyoming-----------. -- 600
Genesee ------, -------- 490 || Queens ---------------- 290 || Yates------------------ 330
Greene---------------- 650 || Rensselaer. -----------. 650

NORTH CAROLINA.

The State-------- 48, 580 || Edgecombe .......----. 500 Onslow ---------------. 640
|===|| Forsyth ------ -------. 340 || Orange ---------------. 670
Alamance ------------- 430 || Franklin. ---------...- 420 || Pamlico ............... 860
Alexander -----------. . 300 || Gaston -- . . . . . . . . . . . . . . 340 || Pasquotank ----------. 240
Alleghany ------------. 300 || Gates.----------------- 360 || Pender ------------...--. 800
Anson ----------------- 500 || Graham ------......... 250 || Perquimans ---...------ 220
Ashe ------------------ 450 || Granville -------...----- 750 | Person.----------------. 400
Beaufort--------------- 720 || Greene ---------------. 300 || Pitt.------------------- 820
Bertie ----------------. 720 || Guilford............... 680 || Polk. ----. ------------ 300
Bladen----------------. 900 || Halifax ---------------. 680 || Rändolph. ------------. 720
I}runswick ------------ 950 || Harnett --------------. 540 li Richmond - - - - - - - - - - - - - 860
Buncombe ------------. 620 || Haywood -------------- 740 || Robeson --------------- 950.
Burke ----------------- 400 || Henderson....... ------ 360 || Rockingham. ---------. 550
Cabarrus -------------. 400 || Hertford-----...--...--...- 340 OWhil - - - - - - - - - - - - - - - - - 450
Caldwell--------------- 450 || Hyde -----------------. 430 || Rutherford ............ 470
Camden --------------- 280 || Iredell----------------- 600 iſ Sampson.-------------. 840
Carteret.-------------- 520 || Jackson --------------- 920 || Stanley ------ --------- 380
Caswell---------------- 400 || Johnston ---...--------. 670 || Stokes.-------------... 500.
Catawba.-------------- 370 || Jones.----------------- 450 || Surry------------------ 500
Chatham -------------- 800 || Lenoir. ---------------. 420 || Swain -----------...----. 420
Cherokee -------------- 500 || Lincoln.--------------. 270 || Transylvania ---------. 330
howan -- ----------.. 240 || McDowell ---.......... 440 || TVrrell ---------------. 320
Clav.------------------ 160 || Macon ----------------- 650 || Union ----------------- 640
Cleaveland.----------- 420 || Madison --------...----. 450 || Wake ----------------. 950.
Columbus ------------. 750 || Martin ---------------. 500 || Warren.--------------. 450
Craven ---------------- 900 || Mecklenburg .......... 680 || Washington ---------...- 350
Cumberland ......* * * * * * 900 || Mitchell ---------...-.. 240 || Watauga ------ tº - e º 'º - e º 460
Currituck.-----------. 200 || Montgomery........... 570 li Wayne ---------------- 500
Dare ------------------ 270 || Moore ----...----...--.. 800 li Wilkes ---------------. 700
Davidson -------------. 600 || Nash ------------------ 520 || Wilson ---------------. 850
avie------- • - - - - - - - - - - 300 || New Hanover :-...-...- 80 li Yadkin ---------- ſº tº cº- tº gº - 320.
Duplin ---------------- 670 || Northampton.......... 510 || Yancey---------------- 400
CENSUS ESTIMATE OF AREAS, 1880.
1209
Areas of States and Territories, by counties—Continued.
OHIO.
Area in Area in Area. In
Counties. Square Counties. Square Counties. Square
miles miles miles.
The State........ 40,760 || Greene ------...--------- 430 || Morrow ---------...-- 450.
===|| Guernsey ------------- 510 || Muskingum -----...-- 650
Adams------ gº tº m ºr me tº º sº sº e < 500 || Hamilton -------------- 400 || Noble-----------------. 400
Allen ------------------ 440 || Hancock--------------. 540 || Ottawa -----. --------. 300
Ashland --------------- 470 || Hardin ---------------- 440 || Paulding ---...--------. 420
Ashtabula ------------- 720 || Harrison.-------------- 320 || Perry------------...----- 410
Athens ---------------- 430 || Henry----------------- 430 || Pickaway---------...-. 480
Auglaise -------------. 400 || Highland.------------- 540 || Pike --------------- * * * * 47().
Belmont --------------- 500 || Hocking -------------- 470 || Portage---------------- 490
Brown----------------- 470 || Holmes --------------- 420 || Preble ---...------------- 440
Butler ----------------- 460 || Huron ----------------- 450 || Putnam---------------. 510
Carroll ---------------- 400 || Jackson --------------. 410 || Richland............... 490
Champaign -----------. 420 || Jefferson...... : - - - - - - - - 440 || Ross ---------...--...--. 650
Clarke----------------- 300 || Knox ------------------ 540 || Sandusky.............. 440
Clermont. ------------. 440 || Lake ------. ----------- 260 || Scioto-----------------. 64ſ)
Clinton.--------------- 400 || Lawrence. ------------. 440 || Seneca'---------...-----. 540,
Columbiana ----------- 540 || Licking---------------- 680 || Shelby---...----...----. 420
Coshocton ------------- 540 H Logan ----------------. 440 || Stark ----------...------. 580.
Crawford-------------- 400 || Lorain----------------- 510 || Summit. --------------. 400
Cuyahoga-------------. 470 || Lucas-----------------. 440 || Trumbull .............. 650.
arke ----------------. 600 || Madison --------------- 470 || Tuscarawas ........... 520.
Defiance --------------- 420 || Mahoning ------------- 420 nion ----------------- 420
Delaware -------------- 450 || Marion ---------------- 430 || Van Wert - - - - - - - - - - - -. 400
Brie ------------------- 290 || Medina ---...------------ 400 || Vinton.----------...----. 400
Fairfield.-------------. 470 || Meigs.---------------- 400 || Warren ----............ 400
Fayette.--------------. 420 || Mercer ---------------- 470 || Washington ... -------. 650
Franklin.-------------- 540 || Miami ----------------- 400 || Wayne ---------------. 540,
Fulton----------------- 400 || Monroe ---------------. 470 || Williams ....... ------- 426
Gallia------------------ 430 || Montgomery---...------ 470 || Wood.------------------ 620
Geauga ---------------- 400 || Morgan-----------...--- 400 || Wyandot ... --------... 400,
OREGON.
The State.------- 94, 560 || Douglas --------------- 4,000 || Multnomah ...-...----- 470
===|| Grant.----------------. 17, 500 olk ------------------- 650
Baker------------------ 10, 500 || Jackson ---...---------- 2,000 || Tillamook -----------...- 1,800
Benton ---------------- 1,300 || Josephine ---...-------- 1,600 || Umatilla. -------...----. 14, 260
Clackamas.------------ 1,400 || Lake -----------------. 12,000 || Union ----------------. 4, 300
Clatsop ---------------- 1,000 || Lane.------------------ 3,700 || Wasco.----...-...----- 9,600
Columbia -------------. 720 || Linn.------------------ 2,400 || Washington ........... 650
Coos------------------- 1,600 || Marion ---------------. 1,000 || Yam Hill -------------- 610
Curry-----------------. 1,500
PENNSYLVANIA.
The State.....--- 44, 985 || Dauphin -------...----. 520 || Monroe ---------------- 600
==-|| Delaware -------------. 190 || Montgomery----------. 480
Adams ---------------- 530 || Elk -------------------- 770 || Montour --...--...----. 140
Allegheny ------------. 760 || Erie - - - - - - - - - - - ------ 770 || Northampton.......... 380
Armstrong ------------ 610 || Fayette ---------------- 830 || Northumberland....... 460
Beaver ---------------- 450 || Forest. --...------------ 430 || Perry.----------------. 480
Bedford---------------- 1,000 || Franklin........ ------. 760 || Philadelphia........... 13
Berks------------------ 900 || Fulton.---------------. 440 || Pike. ------------------ 630
IPlair.------------------ 510 || Greene ---...------...--. . 620 || Potter:::-------------- 1,070
Bradford ---------...--. 1, 160 || Huntingdon ----------. 900 || Schuylkill ------------- 840
Bucks ------------...--. 590 || Indiana ---------...---- 830 || Snyder ---------------. 320
Butler ----------------. 820 || Jefferson -------------- 640 || Somerset ........ -----. 1, 100
Cambria --------------- 670 || Juniata -----...--------- 400 || Sullivan --------------. 430
Cameron--------------- 380 || Lackawana -----------. 440 || Susquehanna ---------. 830
Carbon --------------- 400 || Lancaster-------------- 970 || Tioga ------------------ 1, 120
Centre --------- tº - tº º ſº tº º ºs 1,230 || Lawrence-------------- 370 " Union ----------------. 31ſ)
Chester---------------- 760 || Lebanon. --------...--. 350 || Venango.-------------. 660.
larion ---------------- 570 || Lehigh ---------------- 360 il Warren.--------------. 910
Clearfield.......... --.] 1, 130 || Luzerne --------------. 910 || Washington ----------. 890
inton ---------------. 860 || Lycoming------ ------. 1, 205 || Wayne -----. * - dº º 'º -> - - - - 740
Columbia -------------- 480 || McKean ----...-...----. 1,000 || Westmoreland......... 1,040
Crawford.------------- 1,000 || Mercer.-----...-------.. 660 || Wyoming---------...--. 400
Cumberland ----------- 550 ifflin ----------------- 880 || York -----------------. 920



1210
CENSUS ESTIMATE OF AREAS, 1880.
Areas of States and Territories, by counties—Continued.
RHODE ISLAND.

* Area in Area in Area in
Counties. square Counties. square Counties. Square
miles. miles. miles.
The State------- 1,085 || Kent?------------------ 190 || Providence - - - - - - - - - - - - 390
=|| Newport. -------------- 130 || Washington ----------. 350
Bristol------ * * * tº sº tº # = e º is 25
SOUTH CAROLINA.
The State. ------- 30, 170 || Darlington ............ 900 || Marlborough ..... ----- 540
=|| Edgefield -------------- 1, 200 || Newberry............ . 620
Abbeville-------------- 960 || Fairfield........ ------. 900 || Oconee ...-------------. 550
Aiken ----------- * * * * * * 720 || Georgetown ... . . . . . . . . 900 || Crangeburgh ---------. 1,400
Anderson -------------- 760 || Greenville ------------. 690 li Pickens. -------...----. 5 k0
Barnwell -------------- 1,300 || Hampton -------------- 800 || Richland ........ ------ 620
Beaufort--------------- 1, 100 || Horry ----------------- 1, 100 || Spartanburgh......---- 950
Charleston------------- 2,000 || Kershaw...... --------- 900 || Su:mter . . . . .-----.. - - - - 900
Chester---------------. 580 || Lancaster.------------- 600 || Union ........ --...----- 700
Chesterfield.----------. 800 || Laurens ---...----...---- 650 || Williamsburgh -------. 980
Clarendon ------------- 720 || Lexington ----------. -- 1, 100 Otk - - - - - - - - - - - - - - - - - - 720
Colleton --------------. 1,900 || Marion ---------------- 1, 100
TENNESSEE.
The State-------- 41,750 || Hamblen...... . . . . . . . . 150 || Montgomery- - - - - - - - - -. 540
- Hamilton -------------.4- 370 || Moore ------...---------. 270
Anderson -------------. 440 || Hancock. -----------... 340 || Morgan ---------------. 400
Bedford.--------------. 520 || Hardeman -----...----- 610 || Obion ------...----------- 540
Benton ---------------- 880 || Hardin ---------------. 610 || Overton . . . . . . . . . . . . . . . 540
Bledsoe ---------------- 280 || Hawkins.------------.. 570 || Perry ------------------ 400
Blount----------------- 770 || Haywood .............. 70 il Polk ------------------- 400
Bradley---------------- 340 || Henderson. ---...--..... 580 || Putnam. --------------- 460
Campbell -------------- 400 || Henry ----------------. 550 il Rhea. ---------...----. 340
Cannon ---------------- 220 || Hickman ----...----. & 610 || Roane . . . . .------------ * 450
Carroll----------------- 550 || Houston -----.... . . . . . . 260 || Robertson --- - - - - - - - - - - 500
Carter ----------------- 340 || Humphreys.-----...... 450 || Rutherford . - - - - - - - - - - - 590
Cheatham ------------- 370 || Jackson ------......... 280 || Scott ---------...-...-. 64()
Claiborne -------------- 340 || James ---...-----------. 200 Sequatchie...-----...... 220
Clay ------- tº gº ºs e º ºs e º s is º is 260 || Jefferson ----...--..... 320 || Sevier - - - - - - - - - - - - - - - - 520
Cocke------------------ 540 || Johnson ------...--.... 390 || Shelby - - - - - - - - - - - - - - - - 690
Coffee.----------------- 300 || ICnox. --...------------- 500 iſ Smith....... --...--...-- 360
Crockett --------------. 260 li Lake.-----------------. 210 || Stewart. ... -----------. 500
Cumberland ----------- 690 || Lauderdale ............ 410 || Sullivan .... --- - - - - - - - 400
Davidson .------------. f00 || Lawrence.-----------.. 590 || Sumner ---------------. 530
Decatur.--------------- 310 || Lewis---------------... 360 || Tipton ----------------- 330
De Kalb --------------- 800 || Lincoln ---------------. 540 || Trousdale. --........... 180
Tickson --------------- 630 || Loudon ---------------. 230 || Unicoi - - - - - - - - - -...----. 480
Dyer.------------------ 570 || McMinn --------------- 480 || Union - - - - - - - - - - - - - - - 220
Fayette.--------------- 640 || McNairy-----. gº ºr e º sº s = º ºs 690 || Van Buren ............ 340
Tentress.-------------- 500 || Macon ---------------.. 280 || Warren ... -----....... 440
Franklin.-------------- 590 || Madison --------------- 580 || Washington ---...----- 350
Gibson.---- gº tº gº º ºs º ºs º gº º gº º 550 || Marion ---------------- 500 a Yne - - - - - - - - - - - - - - - - 710
Giles ------ gº ºn tº ſº gº tº gº sº º ſº tº gº 500 || Marshall.-------------. 350 || Weakley .............. 620
Grainger----- ſº tº gº tº gº tº gº gº º ºs 320 || Maury ----------------. 590 || White - ............... 440
“Greene ---------------- 530 || Meigs.------------------ 300 || Williamson............ 540
Grundy.----- tº gº ºn tº gº tº gº º tº ſº 400 || Monroe ---------------- 500 || Wilson ---------------- 410
TEXAS.
The State.-----.. 262,290 || Bastrop......... tº s ºf sº tº ºn º 900 li Burleson. -------------- 659
IBaylor----------------. 900 || Burnet ---------...------ 1,000
T]| Bee ....... is nº ºn me ºn e º e = * * * * 890 || Caldwell--------------- 540
Anderson.------------- 1,000 || Bell.------------------- 1,000 || Calhoun . -------------. 960
Andrews -------------. 1,500 || Bexar------------------ 1, 180 || Callahan. ---------..... 900
Angelina -------------- 880 || 131anco.......---------- 710 || Cameron. -------------. 3,000
Aransas --------------- 440 || Borden ---------------. 900 || Camp ------------------ 200
Archer ---------------- 900 || Bosque ---...----------- 1,000 || Carson.----------------. 900
Armstrong------------- 900 || Bowie ----------------. 900 || Cass ----- tº e s is nº e º ºr º e s a tº º 959
Atascosa.-------------- 1,200 || Brazoria --------------- 1,400 || Castro ----------------- 900
Austin----------------- 700 || Brazos. ---------------. 520 || Chambers . ------------ 850
Bailey . .-------------- 1,050 || Briscoe .--------------. 900 || Cherokee ---------..... 1,000
Bandera ---------------| 1,000 || Brown ----------------- 1,200 || &milies.............. 750



CENSUS ESTIMATE OF AREAS, 1880.
1211
Areas of States and Territories, by counties–Continued.
TEXAS–Continued.
Area in Area in Area in
Counties. Square Counties. square Counties. Square
miles. miles. miles.
Clay.------------------ 1, 100 || Henderson. ............ 960 || Oldham---...----------. 1,470
Cochran -------------- 820 || IIidalgo. -- - - - - - - ... s gº º ºs º sº. 2, 350 || Orange ---------------- 390
Coleman --------------- 1, 240 || Hill. . . . . --------------. 1,000 || Palo Pinto. . . . . . - - - - -. 960
Collin------------------ 880 || Hockley. ---------...-- 900 || Panola----------------. 800
Collingsworth ----...--. 900 ood ------------------ 490 || Parker -----...--...----. 900
Colorado--------------. 900 || ETopkins ...--------..... 750 || Parmer. ----..... -----. 850
Comal ----------------. 670 || Houston - - - -, ---------. 1, 170 || Pecos - - - - - - - - - - - - - - - - - 11, 000
Comanche. ----------- 930 || IIoward ----------..... 900 || Polk------------------. 1, 100
Concho ---------------- 950 || IIunt . . . . . . . . - - - - - - - - 870 || Potter . . . . . . . . . . . . . . . . . 906)
Cooke ----------------. 900 || Hutchinson. . . . . . . . . . . 900 || Presidio ...... --...----. 12, 500
Coryell ---------------. 950 || Jack.-----------------. $70 || Rains. --...------------ 270
‘Cottle ----------------. 1, 100 || Jackson -...--...----...-. 900 || Randall. - - - - - - - - - - - - - - - 900
Crockett--------------. 9,500 || Jasper. --...-----------. 970 || Red River ----...------. 1,060
Crosby ---------------- 900 || Jefferson - - - - - -........ 1,000 || Refugio. --...----------- 850
Pallam ---------------- 1,400 || Johnson - - - - - - - - - - - - - - - 690 || Roberts.--------------. 900
Dallas ---...------- - - - - 900 || Jones.----------------- 900 || Tobertson -...--...--.... 870
Dawson. ------------- ** * 900 || ICarnes - - - - - - - - - - - - - - - - 730 || Rockwall -------------- 150
Deaf Smith -----. ----. 1,400 || ICaufman -------...----, 830 || Runnels ...------------. 990
elta ------------------ 260 || Kendall... . . * & E * * * * * * * * 670 || Rusk -----------------. 920
Denton ---------------- 900 || Rent ------------------ 900 || Sabine ---------...----. 570
De Witt ... --...--------. 900 || ICerr... ----------------. 1, 100 || San Augustine - - - - - - -. 560
Dickens --------------. 900 || Kimble -------...-...--. 1,300 || San Jacinto. --...------. 646
Dimmit ---------------- 1,000 || Jºing -----------------. 900 || San Patricio ------...-. 730
Donley ---------------. 900 || Rinney---------------. 1,700 || San Saba. ........... --. 1, 130
Duval ----------------. 1,700 || Iºnox. ---------------- 900 || Shackleford - - - - - - - - - - 900
Eastland--------------. 900 || Lamar ------`-- * * * * * * * * = - 900 || Shelby. -------------... 800
Iºdwards -------------. 950 || Lamb.------------ ... --- 1,100 || Sherman. -------------- 910
Tºllis ------------------. 950 || Lampasas. ------------. 850 || Scurry.. --...-- --------- 900
ICl Paso.--------------. 8,000 || La Salle ------------ ...] 1,500 || Smith.----------------. 966)
Bocimal--------------. 1, 700 || Lavaca -----------...--. 1,000 || Somervell. ............. 200
Erath-----------------. 1,000 || Lee -------------------. 600 || Starr ----...------------. 2,500
Falls------------------. 780 || Leon. -----------------. 1,000 || Stephens -------------. 9t,0
Fannin ---------------. 890 || Liberty---------------. 1, 170 || Stonewall.----......... 909
Fayette---------------. 960 || Limestone.-----------. 970 || Swisher................ 900
Fisher----------------. 900 || Lipscomb. ------------. 900 || Tarrant. ---...-...----. 900
Floyd. ----------------- 1, 100 || Live Oak - - - - - - - - - - - - - - 1, 100 || Taylor----------------. 900
Fort Bend ----......... 880 || Llano . -------...----. 900 || Terry----------------- 900
Franklin--------------. 300 || Lubbock....... * * * * * * * * 900 || TIrockmorton . . . . . . . . . 900
I'reestone ------------. 880 YDIl - - - - - - - - - - - - - - - - - - 900 || Titus -----------------. 420
Frio ------------------. 1,000 || McCulloch . . . . . . . . . . . . 1,000 || Tom Green ............ 12, 300
Gaines. ---------------. 1,500 || McLennan. ---...- - - - -. 1,080 || Travis ---------...-----. 1,000
Galveston --- --------. 670 || McMullen -------...--- 1, 160 || Trinity. --...----------. 710
tli'Zºl- - - - - - - - - - - - - - - - - - 900 || Madison - - - - - - - - - - - - - - - 460 || Tyler ------------------ 920
Gillespie--------------- 980 || Marion ---------------- 420 || Upshur ---------------- 529
Goliad ----------------- 820 || Martin - - - - - - - - - - - - - - -. 900 || Uvalde .--...--...--...--. 1, 550
Gonzales. ---------...- 1,070 || Mason ----------------. 900 || Van Zandt...----....... 840,
Gray -----------------. 900 || Matagorda ------------ 1,400 || Victoria -..... --. sº sº s = 880
Grayson --------------. 960 || Maverick ---.......... - 1,300 || Walker---------------. 760
Gregg ----------------. 280 || Medina ---------...----. 1,300 || Waller... ---...--------. 500-
Grimes ---------------. 780 || Menard. -- - - - - - - -...--. 880 || \\ ashington . . . . . . . . . . . 600
Guadalupe--------...---- 710 || Milam ----------------. 990 || Webb. -----...--....... 1,500
Hale ------------------. 1, 100 || Mitchell ..... ---------. 900 || Wharton............... 1,070
Hall ------------------. 900 || Montague ------------. 890 || Wheeler - .....----...--. 900
Hamilton ---...---------. 980 || Montgomery----------. 1,050 || Wichita......... . . . . . . . 590
Hansford-------------. 910 O010 - - - - - - - - - - - - - - - - - 900 || Wilbargar ...----...----- 940
Hardeman ------------. 1, 180 || Morris.---------------. 260 || Williamson ...... ------ 1, 100
Hardin ---------------- 820 || Motley ---------------- 1, 140 || Wilson.----------------. 790
Harris ----------------- 1,800 || Nacogdoches ---...----- 970 || Wise--------------...--. 900
Harrison -------------- 900 || Navarro --------------- 1,040 || Wood -------------- * * * * 709
Hartley---------- * * * * ~ * 1,470 || Newton.--------------- 870 || Young ----------------- 90ſ)
Haskell.--------------. 900 || Nolan ---. ------------ 900 || Yoakum --------------- 820
Hayes ----------------. 680 || Nueces --------------- 2,800 || Zapata ------...--------- 1, 290
emphill-------------- 900 || Ochiltree -------------. 900 || Zavalla. ---------------- 1, 290
TJTAEI.
The Territory----| 82, 190 || Juab-...---------...--. 3,760 || Sevier ----...----------. 1,700
e ——ll Iºane ----------------- 3,800 ||. Summit ---------------. 3,840
- Millard --------------- 6, 550 || Tooele ----------------- 5, 200
13eaver ---------------. 2,560 || Morgan --------------- 20 li Uinta. ----------------- 6, 160
Box Elder. ------------ 8, 200 || Pi Ute ---------------- 3,700 || Utah. ------------------ 1, 520
Cache------------------ 1,000 || Rich . . - - - ------------- 820 || Wasatch......----..... 2,480
Davis ------------------ 220 || Salt Lake ------------\. 750 || Washington ----------- 1, 580
Emery----------------- 7, 500 || San Juan ------------- 9, 100 || Weber ----------...----- G10
Iron------------------- 7, 730 || San Pete... --...--..s as e º ºs s as 2,790
1212
CENSUS ESTIMATE OF AREAs, 1880.
Areas of States and Territories, by counties—Continued.
VERMONT.
Area in Area in Area in
Counties. Square Counties. Square : Counties. Square
miles. Imiles. iles.
The State........ 9, 135 | Essex. ----------------- 780 || Orleans --------------. 700
===ll Franklin. ----...-------- 620 || Rutland.------------. -- 900
Addison --------------. 740 || Grand Isle ...----...--. . 80 || Washington ...--------. 580
Bennington.----------- 700 || Lamoille ---...-------- 450 || Windham......... ----. 800
Caledonia -------------- 640 || Orange----------...---- 630 || Windsor. -----...-----. 1,000
Chittenden.-----...----- 515
WDRGINLA,
The State...----. 40, 125 || Fluvanna-...------...--- 270 || Northumberland... -- 180.
|| Franklin ------...------- 720 || Nottoway-------------- 300.
Frederick ------------- 380 || Orange ---------------- 360
Accomac -------------- 480 || Giles . . . . . . . . . . . .----- 490 || Page. ----------------. . 320
Albemarle ------------. 680 || Gloucester . . . . . . . . . . . . 280 || Patrick ----...-------- 540
Alexandria ------------ 40 || Goochland ------------- 260 || Pittsylvania ... - - - - - - - 900
Alleghany------------. 500 || Grayson . . . . . . -- - - - - - - - 460 || Powhatan . . . . . . . . . . . . . 280
Amelia ------- ** * * * * * * * * 360 || Greene -----------. . . . . 200 || Prince Edward . . . . . . 300
Amherst--------------- 430 || Greensville ............ 330 || Prince George ... -----. 300
Appomattox----------- 280 || Halifax . . . . . . . . . . . . . . . . 800 || Princess Anne . . . . . . . . . 3*6
Augusta -------------- 900 || Hanover . . . . . ... - - - - - - - 440 || Prince William . . . . . . . . 430.
Bath ------------------ 750 || Henrico. ---...--...---- 280 || Pulaski - - - - - - - - - - - - - - - - 340
Bedford --------------. 840 || Henry . . . ... ---------. 400 || Rappahannock--------. 240
land ----------------- 400 || Highland...------------ 400 || Richmond - - - - - - - - - - - - - 280
Botetourt. --------- - - - 550 Isle of Wight. --...----- 290 || Roanoke --------------. 140
Brunswick ------------ 580 || James City... . . . . . . . . . . 150 || Rockbridge . . . . . . . . . . 780
Buchanan ------------- 510 || Ring and Queen ....... 360 || Rockingham ----------- 900.
Buckingham ---------. • 690 || King George - - - - - - - - - - 180 || Russell ---...-----...----. 540.
Campbell -------------- 450 || King William... . . . . . . . 270 || Scott. . . . . . . . . . . . . 520
Caroline --------------. 500 || Lancaster ... ----------- 110 || Shenandoah. ----------- 51()
Carroll ---------------- 540 || Lee . . . . . . . . . . . . . . . . --. 550 || Smyth .---------------. 490.
Charles City. ---------. 190 || Loudoun. . . . . . . . . . . . --. 520 || Southampton . . . . . ----- 610
Charlotte -------------- 500 || Louisa. ---------------- 470 || Spottsylvania. --...----- 380
Chesterfield - - - - - - - - - - - 500 || Lunenburg -----------. 400 li Stafford. -----...-...---. 260
Clarke ----------------. 220 || Madison ------...-----. 320 || Surry. ---------------- 325
-Craig --------- $ e < * * * * * * 300 || Matthews - - - - - - - - - - - - 100 || Sussex. --...----------- 400
Culpepe ---...--------. 400 || Mecklenburg ...... ---. 610 || Tazewell. . . . . . . . . .----- 400
Cumberrland - - - - - - - - 280 || Middlesex............. 150 alſTen - - - - - - - - - - - - - - - - 250
Dinwiddie ----...------. 540 || Montgomery....... ---. 450 || Warwick ---...--------. 100
Elizabeth City-------.. 50 || Nansemond....... ----. 400 || Washington ---...... 490
8S928: - - - - - - - - - - - - - - - - - - 300 || Nelson.----------------- 460 || Westmoreland......... 170.
IFairfax---------------- 440 || New IKent ........... -- 210 || Wise. ------------------ 390
Fauquier -------------- 720 || Norfolk. ----........... 480 || Wythe -- . . . . . . . . . . . . . . 520
Floyd------------------ 32 | Northampton. --...------ 300 il York. ------------------ 70
*. WASHINGTON.
The Territory.... 66,880 || King................... 1,900 || Snohomish ------------. 2, 160
==| Kitsap -------...-------. 380 || Stevens ---...----------. 23, 260
Chehalis --------------- 2, 440 || Klikitat.--------------- 2, 300 || Thurston . ---...--...-- 800
Clallam ---------------- 2, 300 || Lewis ----------------- 1,600 || Wahkiakum - - - - - - - - - - - 150
Clarke ----------------. 1,300 || Mason ----------------- 1,000 || Walla-Walla...... . . . . . 1,260
Columbia -------------- 2, 160 || Pacific -----...---------- 650 || Whatcom ------........ 3, 200
Cowlitz.--------------- 400 || Pierce ----------------- 1, 520 li Whitman ---------...-- 5,000
Island ----------------- 250 || San Juan -------------. 650 li Yakima ---------------. 8,900
Jefferson. --------------| 1,500 || Skamania -------------- 1,800 *


CENSUS ESTIMATE OF AREAS, 1880.
1213
Areas of States and Territories, by counties–Continued.
WEST VIRGINIA.

Area in | Area in Area in
Counties. Square Counties. Square Counties. Square
miles. miles. miles
The State. ------- 24, 645 || Jackson.--...---------... 400 || Pocahontas ............ 820
===ll Jefferson --------------- 250 || Preston ................ 650
Barbour --------------. 360 nawha -------------- 980 || Putnam ---------------. 320
Berkeley. ------------.. 320 || Lewis.----------------. 400 || Raleigh ---------------. 680
OOIle- - - - - - - - - - - - - - - - - - 500 || Lincoln . --...----------. 460 || Randolph ---------...--. 1,080
Braxton --- . ---------. 620 09 all- - - - - - - - - - - - - - - - - - 800 || Ritchie.-----------..... 400
Brooke.---------------- 80 || McDowell ............. 860 || Roane. ----------------. 350
Cabell ----------------. 300 || Marion ---------------. 300 || Summers------......... 400
Calhoun --------------. 260 || Marshall.----...----...-- 240 || Taylor ------------...--. 150
Clay ... --------------- 390 || Macon ----------------. 360 || Tucker ...... .......... 340
Doddridge ------------- 300 || Mercer..... ------------ 400 || Tyler .--------------... ~300
Fayette ---------------- 750 || Mineral .... ------------ 300 || Upshur ---............. 350
Gilmer.---------------. 360 || Monongalia S---...----- 360 || Wayne. ---------------- 440
Grant.----------------- 520 || Monroe ---...------...---. 460 || Webster............... 450
Greenbrier.......... --. 1,000 || Morgan ---------------- 300 || Wetzel................. 440
Hampshire............. 630 || Nicholas............. -- 720 irt ------------------- 290
Hangock.-------------. 100 || Ohio . . . . . . . . . ... --...--. 120 || Wood -------------..... 375
Bardy ----------------. 700 || Pendleton ............. 650 || Wyoming.............. 660
Harrison.-------------. 450 || Pleasants ---...--...---- 150
WISCONSIN.
The State. --...-- 54,450 || Green ----------------. 540 || Pierce ---...--...--..... 570
==| Green Lake. --...--...-- 360 olk ------------------. 940
Adams ---------------. 680 || Iowa. ------------------ 740 || Portage.----------. . . . . 800
Ashland --------------. 1,600 || Jackson ---...---------- 1,000 || Price ------------------ 1,000
Barron----------------. 900 || Jefferson -------------- 570 || Racine.--------------...- 340
Bayfield --------------. 1,400 || Juneau ---------------- 800 || Richland -----------... 570
Brown ----------------. 540 || Kenosha --...------.... 280 ck -- --------------- 720
Buffalo ---------------. 600 || Kewaunee. ------------ 330 || Saint Croix ------...... 740
Burnett.--------------. 1,600 || La Crosse. ... . " * * * * * * * * * = 450 Bulk- - - - - - - - - - - - - - - - - - - 800
Calumet --------------- 290 || La Fayette .... ---...--. 630 || Shawano - ............. 1, 200
Chippewa. --f---------. 3,000 || Langlade ---...--...----- 4,000 || Sheboygan.------...----. 500
lark ------------------ 1, 200 || Lincoln ---...----------. 590 || Taylor ------------...-- 900
*Columbia -------------. 730 || Manitowoo ............ 1, 500 || Trempealeau ------.... 740
Crawford. --...--...----- 500 || Marathon.............. 1,600 || Vernon -----------.... 800
Dane ------------------ 1, 200 || Marinette.............. 450 || Walworth ............. 570
Dodge ---------------- 900 || Marquette .-----------. 240 || Washington .... ....... 430
Door------------------. 470 || Milwaukee . . . . . . . . . . . 900 || Waukesha ............. 580
Douglas --------------. 1,300 || Monroe . . . . . . . . . . . . . . . 1,500 || Waupaca -------------. 750
DiLIl - - - - - - - - - - - - - - - - - 860 || Oconto................. 1,600 || Waushara ------------- 640
Eau Claire ............. 650 || Outagamie............. 240 || Winnebago --------...-- 460
Fond du Lac.----...... 720 || Ozaukee ---........... . 240 || Wood ------------------ 820
Grant.----------------- 1,200 || Pepin. ----------------. 280
WYOMING.
The Territory....| 97, 575 || Carbon ................ 13, 500 || Laramie --------------- 6,800
===ll Crook.----------------- 10,000 || Sweetwater............ 30, 275
Albany ---------- ºn tº gº - º º 11,000 || Johnson ------------ ...| 11,000 inta--------- tº sº e º ºs ºn tº º ºs 15,000


1214
POPULATION
OF THE UNITED STATES, 1790 TO 1880.

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* * * * *
* * * * * *
Utah
Washington
Wyoming...
• * * *
e ſº tº e º 'º º tº º gº sº º - - wº
The Territories.......
Total population.----.
* * * * * * * * * * * * I & e - I - ºn s tº e º 'º - ... we ºn s : e º ºs e º ºs º is ---|-------------|----------|--|----------|--|-------------|----------| 8 9,658 6 40,440 818. 72
tº s I º º ºs º º ºs e s e º m i e º e s a tº a sº I e s is e º ºs º a sº as a gº e sº I - tº dº e º ºs e º ºs º º e º I º ºs º an º ºs s = s. s I e º a we as sº ºr e º e º - * - -, ºr ºf tº 5 4,837 7 14,181 || 3 || 135,177 853. 22
* * tº i º 'º - - - tº º tº 1 14,093 || 1 || 24,023 | 1 33,039 || 1 39,834 || 1 43,712 2 51,687 || 2 75,080 || 1 || 131,700 || 1 || 177,624 34.87
• * * : * * * * * * * * 1 sº e - i e º ºs º is a tº ºn 1 m e º i s as a s - as a s : * * * i tº - e = s. s is me - e i is e e i s as as a - as a s sº e i e º ºs i e º us a m = • * * * --. --------|----------| 6 14,999 || 8 32,610 117. 41
• * * I tº º tº a tº e s s I e º 'º I - e º ºs s e º e i < * * * * *s ºr e º e º s I s as as I • * * * * * * * * * I tº e s i s as e ºs º ºs º º sº e - - - i. e. e º a s - - - - e i s as i e - e º is s a se - - ) - e. - - - - 5 20,505 || 7 30,159 90. 13
gº º sº i e º 'º - as º e s - e º 'º - e º sº sº e ºs we e ---|-----------|----------|---|----------|---|----------| 1 61,547 | 1 93,516 2 91,874 || 4 || 119,565 30. 14
e s as e º 'º an e º ºs e i e º e i e s sº e º is ºn e i s m = 1 = * * * * * * * * * * * : * * * * * * * * * * : * e s ] as sº sº ºn tº sº e º ºs e i s m e i e ºs s sº e º 'º - e. e. 3 11,380 3 40,273 || 3 86,786 || 2 || 143,963 65, 88
s & s s tº * * * * * * I e º - º º is tº e ºs e - I - e º I e s tº ºr - - * * i se tº e I - - - * * * * * * * --|----------|---|-------------|----------| 4 11,594 || 4 23,955 5 75,116 213. 57
* * * r * * * * * * * * : * ~ * 1 s as a s ea e s - i. e. e. a as as e º e º us is i s tº m i < * * * * s • * * * i - --|----------|-------------|--|-------------|----------| 9 9,118 9 20,789 127. 99
m me a “ º e º m e º e 14,093 24,023 33,039 30,834 43,712 124,614 259,577 442,730 784,443 77. 18
3,929,214 || 5,308,483 || 7,239,881 9,633,822 12,866,020 17,069,453 23,191,876 31,443,321 | *38,558,371 50,155,783 30.08
Increase | Increase Increase Increase Increase Increase Increase Increase Increase
per cent. per cent. per cent. per cent. per cent. per cent. per cent. per cent. per cent.
1790–1800, 1801–1810, 1810–1820, 1820–1830, 1830–1840, 1840–1850, 1850–1860, 1860–1870, 1870–1880,
35.10. © 33.06. 32.51. 33.52. 35.83. 35.11. 22.65. 30.08.
NotE. —The narrow column under each census year shows the order of the States and Territories when arranged according to magnitude of population. The figures of



population for 1880 are in some cases subject to final correction at the Census Office.
* Does not include Indians not taxed in Indian territory. Actual population, 38,900,898.
1216 TENURES IN THE AMERICAN COLONIES, ETC.
CHAPTERs XXXIV, AND XXXV.
To DECEBMER 1, 1883.
P
CHAPTER XXXIV.-TENURES IN THE AMERICAN COLONIES.--------...------------------------
- - XXXV.-METHODS OF SURVEY AND DISPOSITION OF PUBLIC OR CROWN LANDS IN
CANADA, BRAZIL., MEXICO, AND AUSTRALLA ------------------ '• • - - - - - - - - 477–516
No change in the above chapters.
ANNUAL BUSINESS OF THE JENERAL LAND OFFICE, 1883. 1217
C H A P T E R X X XVI.
ANNUAL BUSINESS OF THE GENERAL LAND OFFICE AND DISPOSI-
TION OF THE PUBLIC LANDS UNIDER THE SEVERAL ACTS FROM
JUNE 30, 1882, to JUNE 30, 1883.
ADMINISTRATIVE STAFF, AND MISCELLANEOUS CIRCULARS AND REGU-
LATIONS, AND GENERAL INFORMATION AND SUGGESTIONS RELATING
TO THE PUBLIC LANDS TO DECEMBER 1, 1883.
The business of the General Land Office and the total disposition of the public
lands from 1789 to June 30, 1880, is shown by the data from pages 196 to 415.
The business from June 30, 1880, to June 30, 1882, is shown from pages 517 to 1214.
This chapter will show in detail the official data from June 30, 1882, to June 30,
1883, and in some instances as noted to December 1, 1883.
DETAILS AS TO THE GENERAL BUSINESS OF THE GENERAL IAND
OFFICE.
For THE FISCAL YEAR ENDING JUNE 30, 1883.
References to chapters are omitted where no business was transacted under them
during the year 1883.
From the annual report of the Commissioner of the General Land Office and other
§OUITCéS :
ENTRIES AND FILINGS.
The total number of entries and filings posted during the year at all land offices
was 251,685, aggregating 30,000,000 acres. These entries and filings constitute
claims of record awaiting completion and adjudication.
INCREASE IN NUMBER OF CLAIMS FILED.
The increase in number of claims recorded in 1883 was 55,548 over the year 1882,
and 93,700 over the year 1881.
ENTRIES APPROVED FOR PATENTING.
. The number of entries approved for patenting under the pre-emption, homestead,
timber-culture, desert-land, and other settlement and agricultural laws was 53,847, an
increase over the previous year of 26,239.
CONTESTED CASES FROM DISTRICT LAND OFFICES EXAMINED DURING THE YEAR.
Four thousand two hundred and seventy-four contested cases were examined and
acted upon.
BOARD OF EQUITABLE ADJUDICATION, SEE SECs. 2450 To 2454, R. S. U. S.
Seventeen hundred and twenty-seven claims were confirmed by the board of equit-
able adjudication, an increase of 671 over the number adjudicated the previous
year.
AGRICULTURAL PATENTS.
The number of patents issued on the various classes of entries and locations under
the general land laws is 50,482, an increase over the previous year of 1,785.
77 L. O—WOL 111
1218 ANNUAL BUSINESS OF THE GENERAL LAND OFFICE, 1883.
PUBLIC SALES.
(SEE PAGES 207 AND 415 FOR METHOD OF SUCH SALES.)
Sixteen thousand acres of land were offered at public sale in the Gainesville,
Fla., district. Three hundred and sixty acres were sold, and the remainder became
subject to private entry.
Two million acres of pine-timber lands were offered in the Duluth, Minn., district,
and 1,000,000 acres in the Saint Cloud district. About 268,000 acres were sold in both
districts, at an average price of $1.90 per acre. The remainder of the lands became
subject to private entry at the minimum price.
Ninety-eight additional townships, embracing 1,500,000 acres, were proclaimed for
offering in the Saint Cloud district.
CASH SALES.
SALES MADE OUTRIGHT IN UNLIMITED QUANTITIES AT DISTRICT LAND OFFICES AT $1.25 PER ACRE–
ALMOST ALL IN SOUTHERN STATES.
The number of private cash entries was 11,104, embracing 2,179,955.14 acres, an
increase of 255,458.99 acres:
CONSUMMATED PRE-EMPTION AND HOMESTEAD ENTRIES.
2,285,710.35 acres were sold under the pre-emption law, an increase of 934,329.52
acres; 1,236,119.96 acres were embraced in commuted homesteads, an increase of
158,736.06 acres.
TOTAL CASH SALES IN 1883.
The total cash sales, including land sold at public and private sale, pre-emption,
commuted homesteads, mineral lands, timber and stone lands, &c., amount to
6,839,042.67 acres.
PRICE PER ACRE REALIZED FROM CASH SALES IN 1883.
The amount of receipts from cash sales was $9,657,032.28, an average of a fraction
over $1.40 per acre.
CORRESPONDENCE FOR THE YEAR 1883.
The number of letters received was 117,800, an increase of 26,238, or 30 per cent.
over the year 1882. The number of letters written was 88,955, covering 66,384 pages
of letter record.
MAPS AND PLATS–WORK DONE IN 1883.
Current work has included the revision and correction of the annual map of the
United States (edition of 1882); the compilation of new maps of Florida and Ari-
zona; revising and correcting maps of Alabama, Idaho, and Montana ; the com-
mencement of the compilation of new maps of Utah and Wyoming, and the revision
of the map of Washington Territory; extending public surveys and railroad lines on
State and Territorial maps; protracting and drawing diagrams of new surveys, and
making numerous calculations for official purposes. Three hundred and seventy
right-of-way railroad maps have been examined; 20 railroad land-grant maps con-
structed; 717 copies of railroad, private land claim, Government reservation, and
district maps and township plats copied, and the tracings of 3,188 worn township
plats examined preparatory to photolithographing them. Nearly 10,000 photolitho-
graphic copies of township plats have been furnished public officers, and a large
number to private applicants. Indexes have been prepared to 150 volumes of field:
notes and plats of survey.
- REPAYMENTS.
(ACT OF JUNE 16, 1880.)
See “Decisions of the Department of the Interior and the General Land Office, in cases relating to
lands and land claims from July, 1881, to June, 1883.” Title, “Repayments,” pages 527 to 539.
Five hundred and sixty-six repayment claims for lands erroneously sold or entered
were adjusted and approved, amounting to $57,739.64. (See Circular of October 1,
1880.)
ExEMPLIFICATION OF RECORDS (CoPIES).
Section 461 of the Revised Statutes makes it the duty of the Commissioner to fur-
nish all exemplifications of patents or papers on file or of record in this office that may
be required by parties interested, at a price fixed by the statute, the fees so received
FRAUDS UNDER EXISTING LAND LAWS, 1883. 1219
to be paid into the Treasury. The amount received from that source the past year
was $8,118.05. This class of work increases year by year, and now involves the aggre-
gate time of several clerks, resulting in a corresponding loss to the ordinary business
of the office.
In order that this special service for the accommodation of private parties who pay
the expenses of it may not be an interference with the general service, nor a tax upon
the general appropriation, I respectfully recommend that provision be made by law
by which the money received at this office for certified copies of plats and records
shall be deemed specially appropriated for defraying the expenses of preparing such
copies, the same to be disbursed by the Treasury Department in the usual manner.
PUIBLIC LAND STATISTICS.
This office is constantly called upon for information from the records for the use of
committees and members of Congress, and other branches of the Government; State
and county officials; scientific, historical, and politico-economic societies, American
and foreign; immigration and agricultural associations; statistical compilers and
others. The information so sought cannot usually be furnished without the expendi-
ture of much time and labor in the examination of miscellaneous and voluminous
records, and it is frequently impracticable for that reason to furnish it at all. Ac-
curacy is hardly attainable in the preparation of statements that may be made in the
unmethodical and often hasty manner indicated.
It is a matter of current official necessity, public convenience, and historical conse-
quence, that essential public land statistics should be brought into accessible condi-
tion. To collate and arrange this data in convenient form for ready reference would
probably require the work of six clerks for three years. But when done it would be
done for all time, and a great saving of labor now annually required in making up
statements and reports would be effected.
The compilation of data for my annual report has taken the constant labor of four
clerks for three months. A call the past year for information in regard to sales of
about 10,000,000 acres of Choctaw lands for use in a suit in the Court of Claims re-
quired the labor of six clerks six months to collate the facts. With a proper digest
of record results the greater portion of such labor would be saved. It has never been
possible, with the great need of all clerical force in current work, to even commence
a systematic compendium of public land statistics. -
INDEX OF LAND PATENTS.
An early právision of the statutes (section 459, Revised Statutes) makes it the duty
of the recorder to prepare alphabetical indexes of the names of patentees of public
lands. This work has never been done, and a special appropriation is now necessary
to carry out that provision of law. -
Such indexes are needed for constant reference, and tiáe want of them involves
greater labor in searching the records upon calls for information than would be re-
quired to annually continue them when once brought up to current dates.
FRAUDS UNIDER EXISTING LAND IAWS.
(To JUNE 30, 1883.)
The frauds committed under the several settlement and disposition laws had be-
come so numerous and glaring that it was found necessary in 1883 to create a special
division in the General Land Office to have charge of such matters. It is known as
the “Special Service Division P.” In the Report of the General Land Office for 1883,
pages 206 to 211, will be found details of its operations. The following extracts are
1V6I1 * -
g INVESTIGATION OF FRAUDULENT LAND ENTRIES.
The work of investigating illegal and fraudulent entry and appropriation of the
public lands was assigned to this division April 1, 1883. Since that date all matters
in relation to public land investigations have been conducted under its supervision,
except such as relate to swamp lands and the examination of frauds in the public
surveys.
Notwithstanding the fact that much time has been employed in organizing the di-
vision and in the preparation of instructions to special agents, a large amount of
work in the field has been performed in the brief period between the organization of
the service and the close of the fiscal year.
Thirty special agents are now in the field investigating fratidulent land entries.
Three of them (appointed prior to March last), in connection with clerks detailed for
1220 FRAUDS UNDER EXISTING LAND LAWS, 1883.
such service, constituted the entire force theretofore engaged in this class of work;
#others have been appointed from time to time under the act approved March 3,
The entries which have been the subject of investigation were made under the pre-
emption, homestead, timber-culture, timber-land, desert-land and mineral acts, and
the donation act of June 22, 1854, applicable to the Territory of New Mexico.
Fre-emption filings are largely made for timber lands as a cover for timber trespass,
the filing being set up as a claim to hold the land until the timber can be removed.
FRAUDULENT PRE-EMPTION FILINGS.
A common abuse under the pre-emption act is the filing of a declaratory statement
(section 2264, Revised Statutes) for speculative purposes, the party making the same
having no intention to comply with the law and make entry, but filing it solely to
Imake a claim to the land appear of record, which claim is then held for sale to the
first bona fide entryman who will purchase a relinquishment of the filing rather than
run the risk of making an entry subject thereto, and incur delay and expense involved
in obtaining its cancellation.
Much desirable land being covered by such filings, parties desiring to enter the
same as settlers in good faith, feel obliged under the circumstances to make such pur-
chase in order to exercise the privilege of entry; they feel forced to incur extra ex-
pense. That the latter, in many instances, are ignorant of the law and their rights
in the premises, innres to the benefit of the speculators. In many instances more is
Taid for a relinquishment of a filing than the Government price for the land, although
the claim purchased may be founded on fraud and perjury. It has been the effort of
this division to search out such fraudulent filings, to the end that the records of the
office may be cleared of the same, and that honest and boma fide settlers may secure
for themselves the homes that the law designed they should obtain.
FRAUDULENT PRE-EMPTION ENTRIES.
Large numbers of fraudulent pre-emption entries have been and are being made by
parties either for their own benefit or the benefit of others who furnish the money to
them for that purpose. The reports of agents show that gangs of men, ranging from
ten to fifty, are often employed to make as many entries; that these men are hired at
so much a head for that purpose; and that they do not hesitate to perjure themselves
in supplying proofs for each other showing that the law has been complied with in
every particular. Such violations of law occur in many localities.
FRAUDULENT HOMESTEAD ENTRIES.
IFrauds under homestead laws are largely perpetrated in connection with entries in
which the parties allege settlement prior to the date of entry, and at the time or soon
after give notice of their intention to make final proof; thus being enabled to secure
title earlier than in ordinary homestead entries, and in some instances before the dis-
covery of the fraud. In many cases investigated, it is shown conclusively that no
improvement has ever been made, the premises showing no evidence of residence or
cultivation. -
Section 2301 of the Revised Statutes (providing for the commutation of homestead
entries) has been made the medium through which title has been secured to large
bodies of the public lands without compliance with the requirements of law, the par-
ties seeming to think that if the price of the land is obtained by the Government that
is sufficient, and all that ought to be required, and that it is immaterial whether the
conditions of the law have been observed or not. In this way moneyed corporations
and wealthy speculators acquire title to vast bodies of the public domain, the “set-
tler” being simply an employé paid so much a month to hold the claim until such
time as the homestead entry can be commuted, which being done the land is deeded
to the party employing and paying therefor. In many instances it has been ascer-
tained that the deed of conveyance was executed in advance of the completion of the
entry.
Special agents have been instructed to carefully examine into all entries under the ,
two classes above named, and to report the result of their investigations to this office
in order that fraudulent or speculative entries may be suspended or canceled, as the
facts presented may seem to warrant.
FRAUDULENT MINERAL ENTRIES.
The fact has been developed that in many instances lands occupied for town-site
purposes or adjacent to a town, or valuable for the timber thereon, and containing no
mineral of any character whatever in paying quantities, are located and entered as

FRAUDS UNDER EXISTING LAND LAWS, 1883. 1221.
placer mineral claim; also that in some cases lands valuable only for agricultural pur-
poses are entered under said law.
Where there is reason to suspect that the mining act is thus being made use of for
fraudulent purposes, examinations and investigations have been ordered.
IFRAUDULENT TIMIBER-CULTURE ENTRIES,
Many entries under the timber-culture act are found to have been made solely for
the purpose of speculation in the sale of the relinquishments of such entries, and
with no purpose to comply with the requirements of the law. Parties have been able
in this way to prevent boma fide entry of the lands for a term of years, their fraudu-
lent entries being a bar to a valid entry until the record is cleared. Contests for
failure to comply with the law as to breaking and planting cannot be entertained
until after the expiration of one year from the date of entry; hence, the only course
left by which the public lands can be protected against this class of speculative
entries is for a special agent to thoroughly investigate suspected cases, with a view
to the cancellation of entries where fraud is shown. -
FRAUDULENT TIMBER-LAND ENTRIES.
Evidence is cumulative that the act, approved June 3, 1878, providing for the sale
of timber lands in the States of California, Oregon, and Nevada, and Washington
Territory, is made use of by corporations and wealthy individual operators, to secure
fraudulently, for the purpose of manufacturing into lumber or to hold for speculation,
the accessible forests yet remaining in the States and Territory named. It is not de-
sirable that these lands should pass into the hands of speculators (whose main object.
is to denude them of timber), and thus to be lost to those who would enter and make
use of them in a legitimate manner in connection with their farms and improvements.
The fraudulent removal, under cover of this act, of the timber upon mineral lands,
where the same is required for a proper development of the mines, can but have a.
very depressing effect upon the mining industry, and may result in permanent injury
to it. -
Still another view of the bad results from this species of speculative entries is that
the wholesale destruction of forests resulting therefrom must, as experience has
taught, tend to induce in particular sections of country sudden and great floods in
streams that have their rise along the watersheds denuded of their timber, destroying
or endangering life and property; while in other localities the destruction of the
forests have the effect of decreasing the rainfall to such an extent as to render exten-
sive sections of country almost worthless for agricultural purposes.
Another class of speculative and absolutely fraudulent entries made under this act
are those made of lands which are valuable for agriculture and not properly subject
to entry under said act.
In consequence of evidence already furnished, large numbers of entries under this
act have been suspended, and are now being individually investigated.
FRAUDULENT DESERT-I.AND ENTRIES.
There has been great abuse in entries under the act of March 3, 1877, to provide for
the sale of desert lands in certain States and Territories. Many of the entries are for
lands which are not “desert” within the meaning of the law, and which have been
shown upon examination to be susceptible of cultivation without the necessity of
irrigation. Again, lands which cannot possibly be reclaimed, but which are valuable
for timber, are frequently embraced in such entries.
Entries are also made for the benefit of others than the entrymen in evasion of the
restriction of the quantity which any one person is permitted to enter under the act.
FRAUDULENT DONATION ENTRIES.
Large numbers of illegal and fraudulent locations have been made in the Territory
of New Mexico, under the donation act of July 22, 1854. Section 2 of said act is as
follows, viz:
“That to every white male citizen of the United States, or every white male above
the age of twenty-one years who has declared his intention to become a citizen, and
who was residing in said Territory prior to the first day of January, 1853, and who may
be still residing there, there shall be, and hereby is, donated one quarter-section, or
one hundred and sixty acres of land, and to every white male citizen of the United
States or every white male above the age of twenty-one years who has declared his
intention to become a citizen, and who shall have removed or shall remove to and
settlein said Territory between the first day of January, 1853, and the first day of Janu-
ary, 1858, there shall in like manner be donated one quarter-section, or one hundred and
1222 WANTS AND NEEDS OF THE GENERAL LAND OFFICE.
sixty acres, on condition of actual settlement and cultivation for not less than four
years : Provided, however, That each of said donations shall include the actual séttle-
ment and improvement of the donee, and shall be selected by legal subdivisions,
Within three months after the survey of the land where the settlement was made
before the survey; and where the settlement was made after the survey, then within
three months after the settlement has been made; and all persons failing to designate
the boundaries of their claims within that time shall forfeit all right to the same.”
Under the decision of the Department, dated November 29, 1882, in the case of
Juan Rafael Garcia, the honorable Secretary held as follows: º
“I think it was the intent of Congress, in the passage of the New Mexico donation
act, that all selections should be made under the act, and settlement and cultivation
be commenced by the 1st day of January, 1858, that being the limit of the time
within which the necessary residence could be acquired.”
In many cases it is found that the donee has in no manner complied with the pro-
visions of the law as to settlement and cultivation. In such cases, fraudulent proof
is presented to show settlement on the land prior to January 1, 1858. All such cases
deserve and are receiving the attention of this division.*
THE GENERAL LAND OFFICE — A SEPARATE BUILDING REQUISITE FOR ITS RECORDS.
Attention has been called for many years past to the want of room for storing and
properly caring for the land archives of the nation. The General Land Office, at
present located in the western portion of the building occupied by the Department
of the Interior in Washington, has neither safe nor proper facilities for caring for its
records. Using a large number of very small and unwholesome rooms, together with
a gallery in the Patent Office, where many of the clerks are packed close to the roof,
the chiefs of division and the executive officers cannot have the actual supervision
of Subordinates so essential to proper administration. The halls and corridors are
masses of valuable paper waiting for fire to clear up the land records of the Govern-
ment. The floor of the drafting-room is partially filled with maps and plats for lack
of shelf or case room. The business of the General Land Office increases from year
to year. More acres of land remain for disposition than have been sold or otherwise
disposed of. The character of the lands remaining will require great care and exact-
ness in their disposition. Fifty years from the present time, the probabilities are that
the General Land Office will be of more service and value than at present, and doing
a larger business than the average of any year prior to five years past.
A fire-proof building of brick or stone should be speedily provided for the use of
this Bureau.
The health of the employés should have some consideration along with the question
of the permanent care of records of lasting value to the people of the entire country.
The Commissioner of the General Land Office, in his annual report for 1883, says:
LAND OFFICE IBUILDING.
The necessity for increased accommodations for the Land Office has heretofore been
represented to Congress. This necessity is observable to all persons having business
with this office, and the importance of providing for it was earnestly urged at the
last session of Congress by a special committee of the Senate. The present accom-
modations are materially less than in previous years, the increase in business not only
not being provided for, but former facilities having been impaired and limited by the
demands of the Patent Office, which needs all room still occupied by this office.
An important division of this office, in which some twenty clerks are employed
and more are required, is now, with a large mass of valuable and important papers
and records, quartered in rented rooms at great inconvenience and risk.
The time has arrived when the public interests require the erection of a building
for the use of the Land Office and its voluminous records. The records embrace the
foundation of title to all the public lands of the United States passed to States, cor-
porations, and individuals by grant, donation, sale, or other disposal. These records
are invaluable. To a great extent they could not be duplicated in event of loss or
destruction by fire or otherwise. It is of the utmost importance that they be perma-
nently deposited in a perfectly fire-proof building. I earnestly recommend that im-
mediate provision be made for the construction of such building.
INADEQUATE PAY OF OFFICIALS OF THE GENERAL LAND OFFICE.
The General Land Office, charged with the care and custody of the public lands, un-
der the supervision of the Secretary of the Interior, is one of the most important and
WANTS AND NEEDS OF THE GENERAL LAND OFFICE. 1223
responsible public divisions in the administrative circles of the Government. The
survey, sale, or other disposition of the nation's public lands is within its control.
It employs more clerks than the Navy or State Department or the Department of
Justice. Its jurisdiction reaches from Lake Erie to the Pacific Ocean and from Can-
ada to the Gulf of Mexico. Four-fifths of the lands of the entire area of the United
States have been or are now under its supervision. It has an army of agents, survey-
ors, and registers and receivers. Under it are sixteen surveying districts in sixteen
States and Territories, each with a surveyor-general, and scores of deputies; and one
hundred and seven district land offices, selling or disposing of public lands scattered
over an area of 1,200 miles square; also a corps of special timber-agents watching
for and preventing depredations from the southern extremity of Florida to the north-
ernmost portion of Washington Territory and Alaska, a broad belt of country almost
4,000 miles in length. To manage all of this grave responsibility we find a commis-
sion with the compensation of the manager of a wholesale mercantile house. The chief
clerk who also acts as Commissioner—paid the salary of a second-class commercial
clerk—and the chiefs of division inadequately paid, over a force of clerks not suffi-
cient in number to carry on the daily business of the office.
An examination will show that several divisions are behind in their work a score
of years. -
The Commissioner of the General Land Office exercises executive, supervisory, and
judicial powers. Cases are frequently decided by him in mineral and private land
claims, cases involving millions of dollars. Secretaries of great Departments of the
nation have no more duties or more responsibilities. An immense and wearing respon-
sibility lies upon the Commissioner and his assistants. In aid of this he and his staff
should be paid a living and proper salary, and a sufficiently numerous clerical force
be given him. Pages 164 to 177 will furnish data from which to form an idea of the
vast field and range of duties in charge of the General Land Office.
The business and labor of the General Land Office steadily increase from year to
year, but the clerical force is not increased proportionately.
Mr. Commissioner McFarland, in his annual report for 1883, so forcibly yet modestly
states the wants and necessities of his Bureau, that his statement and reasons are
given in full:
ASSISTANT COMMISSIONER.
I renew the recommendation that an Assistant Commissioner be provided for.
More than half the time of the Commissioner is taken up with official interviews
upon the great variety of topics incident to the administration of the office. Two or
three hours daily are consumed in the mechanical work of affixing his signature to
letters and documents, numbering about 500 daily, leaving him little or no time for
the consideration of important matters to which his personal attention is supposed
to be given. An assistant, who should be authorized to sign such letters and papers,
and perform such other service as the Commissioner might direct, would relieve the
#.of much routine work, and enable him to better attend to the higher duties of
IS Office,
CHIEF CLERK, LAW CLERK, ETC.
My estimates include a recommendation for a moderate increase in the salaries of
the principal officers and clerks subordinate to the Commissioner. A greater increase
than I have recommended would be expedient in the interests of good administra-
tion, and but a just reward for competent and faithful service.
The compensation provided for clerks and employés of the lower grades is reasona-
ble; but the duties which clerks of higher grades are required to perform call for a
degree of Intelligence and ability that cannot be retained in the service, when
secured, at the inadequate compensation provided. The Government needs the best
service it can obtain, and is able to pay for it, but the Land Office is often unable
to retain valuable clerks. The salaries paid in the Land Office are less than in other
Bureaus and Departments not requiring as great capacity or ability. A transfer
has recently been made from an $1,800 position in this office, requiring professional
skill of a high order, to a similar but not more onerous position in another Depart-
ment where the pay allowed is $2,500. A skilled assistant, whose services were
needed, but who could here be paid but $1,600, received $2,000 by a similar transfer.
1224 WANTS AND NEEDS OF THE GENERAL LAND OFFICE,
The chief clerk of this Bureau performs services of a character that should be paid
by an increase of salary to $2,500. He must be competent to act as Commissioner,
and his duties involve great tact and discretion as well as constant and arduous labor.
The law officer must be competent to submit opinions to the Commissioner upon
the most complex questions arising in the administration of the land laws. He is
constantly called upon to perform services requiring a high order of legal ability, and
that familiarity with land law and practice which only careful training and long ex-
perience can give. I have asked an increase to $2,500 for the law clerk, and to
$2,250 for an assistant, whose duties are similar.
I have also asked an increase to $2,000 for two examiners of office decisions, who
are now taken from fourth-class clerks, and whose duties are of exceptional character
and responsibility. w -
The early organization of the General Land Office included three principal clerks
to be appointed by the President. There were then but three principal divisions.
Now there are ten, exclusive of the recorder, chief clerk, and law clerk. There is no
reason why a distinction should exist in the method of appointment or official desig-
nation of any of the ten clerks who are chiefs of the ten divisions. I renew my
recommendation that the distinction adverted to be abrogated.
I have recommended an increase in the salaries of chiefs of divisions to $2,000.
They supervise all the work done in their respective divisions as well as the standing
and conduct of the clerks, and the amount asked is less than that allowed in other
branches of the service for no higher or more responsible duties. •
INCREASE OF CLERICAL FORCE.
The General Land Office has been deficient in clerical organization from the begin-
ning. There has at no time been a sufficient number of employés to dispose of cur-
rent work. The increase provided for from time to time has never been proportion-
ate to the increase of business. The volume of work in arrears at the close of each
fiscal year has steadily and rapidly grown larger. At the same time, the amount of
work accomplished has been greater in proportion than the increase in clerical force.
This has resulted from improved system and continued efforts to promote efficiency,
But in late years the increase in the amount of work thrown upon the office has been
almost overwhelming. The increase in working force and appropriations has been
doled out in pittances, and seemingly more to accommodate the Department than to
meet the demands of the service. It is no personal advantage to yourself or the
Commissioner that work should be disposed of, but it is of public consequence that
this official work should be performed.
It is a matter of deep complaint, and is felt to be a public shame, that men upon
the frontier, who are developing the country by their enterprise and labor, should
suffer delay, and have their rights imperiled through a false or simulated economy
in the necessary disbursements for the conduct of public business.
In 1876 the amount of land disposed of under the public land system was 6,000,000
acres. In 1883 the disposals were 19,000,000 acres, an increase of 200 per cent. The
actual amount of new business brought into this office during the last year embraced
226,088 entries, covering 19,430,032.80 acres (exclusive of filings and of areas pre-
viously reported), with receipts, exclusive of fees for certified copies, amounting to
$11,705,765.65, against 161,396, entries, 14,309,166.40 acres, and $8,387,917.27 the pre-
vious year, being an average increase over 1882 of 39 per cent., and an increase over
the year 1881 of 82 per cent.
The increase in clerical force allowed by the last annual appropriation was only 10
per cent., one-half of which was absorbed in the entirely new work of protecting the
public lands provided for by recent legislation.
A large volume of work is annually thrown upon the office for which no provision
is made in the usual estimates for clerical force. This consists in the preparation of
official reports and answers to Congressional and other inquiries. Much of the time
of a large number of clerks is occupied during the sessions of Congress, and frequently
at other periods, in this manner.
There are now pending before this office 600,000 claims of record in some stage of
inception or progress under general laws, exclusive of railroad grants, swamp and
mineral lands, and private land claims. The pending agricultural claims alone involve
an adjudication of title to 90,000,000 acres. If but one-half of these claims should be
perfected into title it would take the present force employed upon this work three years
to complete the adjustments, leaving the whole volume of business that might come
up within that period unprovided for.
I have asked for one hundred additional clerks for the service of the next fiscal
year. This estimate was made before the completed returns and accounts had dis-
closed the extent of the increase in business during the year, and without fully con-
idering the inadequacy of such estimate. It is my most conservative opinion that
two hundred additional clerks of the higher grades are immediately needed, and could
WANTS AND NEEDS OF THE GENERAL LAND OFFICE. 1225
be employed with economy to the Government for a number of years to come. Pro-
vision for a grade of examiners of land titles, corresponding to the grade of principal
examiners in the Pension Office, would be extremely desirable.
SALARIES.
It cannot be suggested that the General Land Office is less important to the public
interests than other Bureaus of the Executive Departments, nor that the duties de-
volving upon the Commissioner are less comprehensive or arduous than those pertain-
ing to any other office of similar grade. And yet the salary attached to this office is
smaller than that allowed in several other positions involving a no greater magnitude
of interest nor more exacting duties. The character and responsibilities of this office
appear to me to justify the moderate recommendation that the salary of the Commis-
sioner be fixed at $5,000. The foregoing recommendations for increase of official com-
pensation are believed to be moderate and within the legitimate requirements of a
proper administration of the public land system.
RECOMMENDATIONS OF THE PUBLIC LAND COMMISSION.
The Public Land Commission in its preliminary report February 24, 1880, 46th Cong.,
2d session, Ex. Doc. No. 46, pages xiii to xv, inclusive, gives much valuable and his-
torical data in relation to the duties devolving upon and wants of the General Land
Office.
REPORT OF THE SENATE COMMITTEE ON PUBLIC LANDS.
The following report of the Senate Committee on Public Lands as to the require-
ments and necessities of the General Land Office is printed in detail. The testimony
attached to it, 158 pages, as to the abuses and hardships existing under the several dis-
position laws is not printed. It is, however, of much practical value and interest.
It is unnecessary to say, perhaps, that no legislation of moment followed this investi-
gation and report.
[Senate Report No. 362, 47th Congress, 1st session.]
IN THE SENATE OF THE UNITED STATES.
APRIL 3, 1882.—Ordered to be printed.
Mr. MORGAN, from the Committee on Public Lands, submitted the following report,
- to accompany bill S. 1619:
The Committee on Public Lands, to whom were referred the following resolutions—
“Resolved, That the resolution of the Senate adopted on the 27th day of October, 1881,
authorizing the Committee on Public Lands to investigate the condition of the Gen-
eral Land Office with a view to providing better accommodations for the officers and
employés thereof, and a proper grading of the clerks, and for the preservation of the
books and papers, be revived and continued until the further action of the Senate.
‘‘Attest :
“F. E. SHOBER,
“Acting Secretary.”
On motion by Mr. Blair:
“I’é8olved, That the Committee on Public Lands be instructed to inquire into the ad-
ministration of the land laws and system, and their operation in the practical dispo-
sition of the public lands, and any abuses and hardships whicli may exist in their
administration, and to report to the Senate any facts and recommendations with ref-
erence to the same, which, in their opinion, the public interests may require.
“Attest :
“F. E. SHOBER,
“Acting Secretary.”
have had the same under consideration, and respectfully report their recommenda-
tions thereupon; and the evidence taken by order of the Senate.
The evidence taken under these resolutions includes the statements of the Commis-
sioner of the General Land Office, and the depositions of the chief clerk, the law
clerk, the head of each division, and of the chief clerk of the Interior Department.
From these statements a full understanding of the actual condition of the Generak
Land Office, and of the Interior Department building, can be obtained. The com-
mittee agree that the Interior Department edifice is incapable of properly accommo-
1226 WANTS AND NEEDS OF THE GENERAL LAND OFFICE.
dating the Patent Office, the Bureau of Indian Affairs, and the General Land Office,
and that these difficulties and embarrassments are increasing rapidly.
The want of sufficient room, light, and ventilation is very damaging to the health
of the employés, and greatly delays them in their work, causing a serious loss of time
and efficiency in their service. It also exposes the most valuable papers and records
to theft, and to great danger from fire, and has already caused the destruction of
many of them by mold and decay, and by the ravages of insects and vermin.
Mr. Lockwood, chief clerk of the interior Department, has the supervision of the
entire building. His entire deposition is referred to as presenting in condensed form
a general view of the condition of each bureau in the department.
The statements of Mr. Lockwood are supported in detail by every witness examined
by the committee.
It is obvious that there must be a change in the accommodations for the several
bureaus now occupying the Interior Department building. The removal of the In-
dian Bureau to another building would afford some temporary relief, but that would
be inadequate even to the present necessities of the Patent Office and Land Office, and
must, if made, be followed soon by other like expedients. What new arrangements
will give permanent relief from this defective and embarrassing condition of the In-
terior Department must be determined by the settlement of the question whether the
General Land Office shall remain a Bureau in the Interior Department. If it remains
in the Interior Department, its removal to another building cannot be avoided, or
long delayed, as well for its own accommodation as to make room for the Patent
Uffice and the Bureau of Indian Affairs.
This question includes far more that is important to the people of the United States,
of this and coming generations, than the orderly and prompt transaction of the busi-
ness connected with the disposal of our vast public domain; but that consideration
alone is sufficient to demand the earnest attention of Congress to the necessity that
exists for some change that will secure a better supervision of the business of the
General Land Office.
The condition of the business of that Bureau is illustrated, rather than fully dis-
closed, in the testimony submitted with this report. This evidence, which does not
include a full statement of the condition of the Land Office because of the reluctance
of the committee to swell the report with statements in complete detail, shows the
following state of facts:
1. In the division of private land claims there are at least 8,733 claims yet unadju-
dicated from the State of Louisiana alone. These claims originated under treaties.
In Oregon and Washington Territory 2,343 claims remain to be adjudicated.
In New Mexico, under the donation act of July 22, 1854, 208 claims remain for
adjudication.
In California 53 claims remain to be disposed of.
º # 3f. #. # #6. +
To show the age of many of these claims, Mr. Harrison states that “in Louisiana
alone there are at least 10,000 claims, some of which were adjudicated as far back as
1807, and from that time to the present we have not disposed of more than 1,300. The
average number of letters written from this division is 1,300 per annum, of which
some require a clerk three or four days to prepare.”
In the public lands division, the chief, Mr. Howell, states as follows:
“We have charge of the adjudication of all private cash entries, private locations
with land warrants, and the several kinds of scrip, homesteads, timber-culture entries,
timber-land entries, restored military and Indian reservations, public sales under Presi-
dent’s proclamations, and other minor details that do not occur to me now. This
division is the basis and framework of other divisions of the office. We post in our
records all pre-emption filings and entries, as well as the entries and filings adjudicated
in this division. We also note on our records swamp-land selections, university selec-
tions, public offerings, executive withdrawals, town-site entries, donation claims, &c.
Many of the postings come from other divisions of the office.
“Q. It is rather a historical division ?—A. We note in permanent records most of the
transactions in the administration of the land service.
“Q. Does that include also private land claims?—A. We note a reference to private
land claims whenever possible, but the descriptions of those claims are so irregular,
and there are so many conflicts in regard to boundary lines, and points of that kind,
that that work is left to the division of private land claims.
“Q. Are pre-emption entries also in your jurisdiction?—A. We post all pre-emption
entries and note any conflicts. The pre-emption division adjudicate the claims, and
on their approval of the cases they are sent back to our division so that we can note
their approval on our records. The clerks in the pre-emption division pass upon the
sufficiency of proof.”
Mr. Howell states that his division, with about fifty clerks employed, is six months
behind, in the mere posting of entries, without which no Yº: can proceed properly in
any other division where any question of title, survey, or location may arise. &
WANTS AND NEEDS OF THE GENERAL LAND OFFICE. 1227
division is also behind from one to six months in its correspondence. There are more
than 1,000 contested cases pending in this division, and a still larger number held for
consideration as being in conflict with other entries where no actual contest has been
instituted.
This division has been crowded out of the rooms into a long hallway, on either side
of which are open alcoves for the cases in which patent models are intended to be kept.
The papers of the division, which must be frequently examined, are some of them in
the first basement, and are scattered in cases from there to the attic, wherever room
can be found for them, in the open hallways or elsewhere. The clerks have frequently
to walk a fourth of a mile to get a paper that is needed, and it requires the skill of an
expert to know exactly where to look for it. Some of these contested cases involve
property to the value of millions of dollars. Mr. Howell says, “Of the several classes
of entries on the records yet to be examined and passed upon, there are doubtless
100,000 cases, and with pre-emptions and soldiers' filings they embrace an aggregate
area of more than 20,000,000 acres of land.” In this division about 100 letters are
written each day; the correspondence is much behind, and in Some cases letters are
filed away with the papers in the case until it is decided, and so remain unanswered
for as much as a year.
In the pre-emption division there are 1,195 contested cases undecided, and 7,879
cases suspended or not acted upon. In this division 6,877 letters are written annually.
. In each of the above divisions the records run from ten pages to one thousand.
The mineral-land division was organized in 1866. This division examines the min-
eral-land surveys, and writes up the patents issued to claimants. The increase of
business is very rapid; 1,718 cases are remaining to be examined, besides 20 contested
cases, and 575 cases that involve the character of the land as to whether it is mineral
land. This division is three weeks behind in its correspondence.
The surveying division is about one month behind in its work. The statements of
Mr. Dallas, the chief of the division, are valuable as showing the imperfections in our
public surveys, and the necessity of having inspectors of the work actually in the field.
In the swamp-lands division there are “hundreds of cases” of private claims opposed
to claims of States that are not acted on, and 14,000,000 acres of land claimed by States
under swamp-land grants not acted upon. Some of the contested cases are twenty
years old.
The railroad division was organized in 1872. Its jurisdiction covers an estimated
area af 155,000,000 acres of land, of which 47,392,765 acres have been patented, and
selections are pending and to be decided for 2,145,000 acres.
There are 3,921 cases of actual entries within railroad land-grant limits not disposed
of, and 970 cases contested and not disposed of in this division. “In many cases the
record is voluminous, and the questions involved are intricate, requiring very careful
examination and consideration to reach proper decisions.” This is equally true of the
other divisions. The letters received during the last fiscal year were 3,727, and 6,153
were written and recorded. Some classes of work are greatly in arrears.
The work of the recorder's division has been largely increased by the addition to it
of the Virginia bounty-land bureau, and the bureau of military bounty lands. Some
of the cases undisposed of are very old. Scrip in favor of the estate of John Paul
Jones was recently issued in one of them. In about 12,000 cases patents are yet to be
written.
There are in the Land Office, not actually delivered, 291,572 patents that are in all
respects complete and ready for delivery. These, being mostly of parchment, are be-
ing destroyed by rats, and obliterated by the lapse of time.
In the division of accounts some important parts of the work are four months behind.
This division is called upon frequently by Congress and the Interior Department for
statistical tables and statements, which are prepared by the clerks, who would find
all they could do to keep the accounts of the division up to date. No account is
kept in the General Land Office of moneys received for timber depredations. In the
law clerk's division the business referred to it is several months in arrears, and many
cases that require examination are never referred to this division, because the two
clerks assigned to it are not able to examine them for want of time.
The forests of the country on the public domain are suffering greatly from depreda-
tions. The timber division is poorly provided with means to prevent this waste,
which endangers the farming interest by its effect on the rainfall, and is rapidly
sweeping away grand bodies of timber that can never be replaced.
Enough appears in these statements to induce careful attention to this bureau of
public lands, which has in its charge the evidences of title to all the vast area of
lands that has passed from the United States into private ownership, and the future
disposal of an area that can be sold at some price, and much of which is very valua-
ble, of about 1,500,000,000 acres.
The General Land Office is a great land court, with a jurisdiction that includes
almost the entire range of the vast number of questions that arise out of our system of
legislation respecting the public domain, if the changing, shifting, temporizing, and
often conflicting legislation of Congress on this subject can be justly called a system.
1228 WANTS AND NEEDs of THE GENERAL LAND OFFICE.
Confusion and contradiction in the decisions of the General Land Office, of the local
land offices, and the courts have been the natural results of the character of our leg-
islation and the imperfect administration of our land laws.
The bills for special relief now before Congress, and that have for years been urged
here, the claims for indemnity for time, labor, and money expended by patentees and
other persons whose titles, issued under an act of Congress, or under one decision of
the General Land Office, which have been destroyed by other laws or decisions, are
sufficient proof of the necessity of a better administration of our land laws.
Doubtless Congress is responsible for much of this trouble and loss to the people,
but far the general part of it is due to an inefficient administration of the land laws,
in the shallow and hasty consideration given to their meaning and proper application
to cases by the general and local land offices. It is only justice to say that the Sec-
retaries of the Interior, the Commissioners of the General Land Office, and the chiefs
of divisions have, as a rule, been able and efficient officers, and they have devoted all
the time and energy possible to the faithful discharge of their duties to the public.
The clerks also, as a rule, have done their duty diligently and faithfully and with far
more of ability than could reasonably be expected from men who eke out a bare sub-
sistence on the salaries allowed them, when they could earn twice the money or more
in other service or pursuits. The fault is in the system, which is, after all, as good
as could be devised with the facilities afforded by Congress, in room, light, ventila-
tion, the number and grade of clerks, and their pay.
Every officer examined testifies to the necessity of having the pay of certain classes
of clerks increased, so as to put a higher grade of talent and information within reach
of employment for the more responsible clerkships in the several divisions, and to
keep men in place after they have become experts in the great variety of special sub-
jects that constantly arise for examination.
They also testify as to the number of clerks needed in addition to those now au-
thorized to bring up the business in arrears, the entire number required to bring up
the work and keep it up being about 90. For the year ending June 30, 1881, the cler-
ical force of the General Land Office numbered 195. The Commissioner in his esti-
mate submitted with his annual report asks for 243 clerks, which is an increase of 48
over the number employed at the close of the last fiscal year, and of 42 over the num-
ber now allowed. Under the last appropriation the sum allowed for all salaries, clerk-
; messengers, and labor, was $287,820. The amount estimated for is $389,400, as
OLLOWS :
Commissioner--------------------------------------------------------- $5,000 00
Deputy commissioner-------------------------------------------------- 3,000 00
3 inspectors of surveyor-general and district land offices, at $3,000 each-- 9,000 00
Chief clerk ----------------------------------------------------------- 2,500 00
Law officer ------------------------------------------------ - - - - - - - - - - - 2,500 00
Recorder-------------------------------------------------------------- 2,000 00
3 principal clerks, of public lands, private lands, and of surveys, at $2,000
each ---------------------------------------------------------------- 6,000 00
6 chiefs of division, at $2,000 each ------------------------------------- 12,000 00
Receiving clerk ------------------------------------------------------- 2,000 00
Chief draughtsman ---------------------------------------------------- 2,000 00
35 clerks of class 4, at $1,800 each------------. ------------------------- 63,000 00
50 clerks of class 3, at $1,600 each -----------------------------. -------- 80,000 00
60 clerks of class 2, at $1,400 each ---------...----------. • * * * * * * = º sm º º º º - - 84,000 00
55 clerks of class 1, at $1,200 each-...----------------------------------- - 66,000 00
35 copyists, at $900 each ----------------------------------------------- 31,500 00
Chief messenger------------------------------------------------------- 900 00
8 assistant messengers, at $720 each ------------------------------------ 5,760 00
6 packers, at $720 each ------------------------------------------------ 4, 320 00
12 laborers, at $660 each.--------------------------------------------- 7,920 00
389, 400 00
The cash receipts on account of lands and land entries during the last fiscal year
were $5,408,804.16.
But 10,893,397 acres of land were disposed of, showing that the cash sales represent
only a small proportion of the work done by the land offices. A large income was
derived from fees for the work of the employés of the land offices.
In comparison with this amount of receipts, and the current work of the bureau,
the foregoing estimate is certainly very moderate. -
Many other matters in which legislative reforms are needed are disclosed in this
testimony, but the committee think it better not to attempt to patch up a defective
system until it has been determined that Congress prefers that system to the change
they propose.
This great land court—the General Land Office—now has pending before it not less
WANTS AND NEEDS OF THE GENERAL LAND OFFICE. 1229
than 140,000 cases for examination, of which about one-third are contested, either
with the Government of the United States or with private litigants.
As it has been in the past, so it will be in the future, that ninety per cont. of the
decisions made in this tribunal will be final and conclusive of the title to the lands
in controversy. The value of those lands can scarcely he computed, so rapidly is the
increase of value from the improvements put upon them by occupants, from railway
extensions, from the enormous immigration to the United States, the rapid natural
increase of population and wealth, and the growth of new industries.
The testimony discloses that the great body of those cases are in fact decided by
the division clerks, many of whom are not educated lawyers; and who get pay at the
rates of from $1,000 to $1,800 per annum.
It is greatly to their honor that so little is alleged against their integrity under
such circumstances,
A single case is frequently found to cover more than a million dollars in value, and
to require an examination of a record of over a thousand pages.
The clerk takes the case assigned to him and examines the record and finds the
facts, giving such weight to the testimony as he thinks it entitled to, both as to
competency and credibility, and its value in comparison with other contradictory
statements. On his findings he applies the law as he understands it, and that is the
adjudication of the case to stand until it is reversed.
The chief of the division takes the facts as found by the clerk and reviews the ap-
plication of the principles of law, which the clerk has announced, to the case in
hand and passes upon the soundness of his rulings on the law.
This is done when the chief of division has the time to give the case even this
slight examination, but it is the exception and not the rule, that he can do so much
in the re-examination of the case. He never reviews the facts as found by the clerk,
º some exception taken or some special order from a superior makes it a special
uty.
A board of general supervision is organized by the Commissioner of the General
Land Office, not under any law of Congress, consisting of three clerks detailed from
other duties to examine all the letters written from all the divisions and all the de-
cisions made in each.
It will be readily seen that this board cannot perform this work thoroughly from
sheer lack of time and physical strength, They give a rapid glance at such matters
as seem to be most important, and only in rare cases do they stop a case on its hurried
progress through the official routine.
This scarcely amounts to a pretence of a review. The case then goes to the chief
clerk and from him to the Commissioner. Neither of these officers have so much
time as those through whose hands the cases have come to review them, and they
are passed into decisions, no one objecting.
In contested cases, where the parties are able to employ counsel, exceptions and
appeals contribute to procure a more thorough review, but in those cases, of which
there are many, the decisions must be greatly delayed, from the pressure of other
Current business, in every stage of their progress, and must be examined in the midst
of many urgent demands upon the time and attention of the Bureau officers to other
business of equal or greater importance. If the case is difficult, and the Commis-
sioner is advised of the trouble, he refers it to the law clerk, and his examination is
delayed by a great pressure of business in his office. If the case reaches the Secre-
tary of the Interior it is then brought into competition with a vast multitude of
cases and questions and duties that en #. his attention, from his important part in
the general executive administration of the entire country, down through the Patent
Office, the Pension Bureau, the Bureau of Indian Affairs, the Bureau of Education,
the General Land Office, the Geological Survey, the Census Bureau, the office of Com-
missioner of Railroads, the Pension Agency, and the appointments to offices in which
thousands of officers, clerks, and employés are to be heard, in some form, and pro-
vided for.
When we consider the number of cases and questions that grow out of our compli-
cated land laws, in which the highest officer in the Department should settle and an-
nounce the rulings, and the actual impossibility that he can make personal examination
into one case in a hundred that really need his supervision, it becomes evident that
Congress should provide a better security for the wise and enlightened administration
of this great landed estate held in trust for the people.
To your committee it appears to be the plain duty of Congress either to aid the Sec-
retary of the Interior in giving a larger part of his time to the public lands and their
administration, by transferring other Bureaus, now in the Interior Department, to
some other Department, or to give to the public lands a more efficient and satisfactory
supervision, by creating a Department of Public Lands, similar in its organization to
the Department of Agriculture. This fact is so patent that it needs no discussion.
An argument is urged against this plan that the Bureaus of Lands and Indian Affairs
are so intimately connected that it will be difficult to separate them.
1230 STAFF AND DIVISIONS OF GENERAL LAND OFFICE, DEC. 1, 1883.
Your committee are not convinced that this is a real difficulty.
The Bureau of Indian Affairs was created by the act of July 9, 1832, in the War
Department. The General Land Office was created April 25, 1812, as a Bureau in the
Treasury Department, and was transferred to the Interior Department March 3, 1849;
and in the same act the Bnreau of Indian Affairs was transferred from the War
Department to the Interior Department. g
They were no more identified in their jurisdiction or duties after the transfer than
they had been while they were in different Departments. . Your committee do not find
in the laws of the United States any enactment which gives to the Bureau of Indian
Affairs, or any officer or agent thereof, any authority over the disposal or occupancy
of the public lands, subject to sale or open to entry, in conflict with the jurisdiction
conferred by law on the General Land Office, its officers or agents.
Without attempting a full discussion of this topic in this report, your committee
recommend that a Department of Public Lands be created by law, and will hereafter
report a bill for that purpose.
This Bureau, more than any other, unless it is the Patent Office or Printing Office,
requires a building especially adapted to the nature of the business to be conducted
in it. •
Your committee also report a bill.
As it will be necessary, in any event, to provide immediately for additional room
for the accommodation of the General Land Office, your committee recommend that
this subject be referred to the Committee on Public Buildings and Grounds for their
consideration.
GENERAL LAND OFFICE.
To DECEMBER 1, 1883.
Administration of the land 8ervice, December 1, 1883.
(See chapter VI, pages 164 and 165, to June 30, 1880; see also pages 552, 556, to June
30, 1882, and in some instances to 1883.)


*:::::: legal
Whence Date of I)ate of residence. com.
Name. appointed original ap- present ap- pensa-
pp. * | pointment. pointment. Cong, tion.
State. "...#
Oom/missioner.
Noah C. McFarland...-----------...----- Eans ----. June 17, 1881 Oct. 24, 1881 Kans - 3d...] $4,000
Chief clerk.
*Luther Harrison. -------------------. Pa. -------- Dec. 10, 1865 Sept. 20, 1882 Pa. ---. 14th.) 2,250.
law clerk.
Harry C. St. John --------------------- Kans ----. Nov. 6, 1882 | Nov. 6, 1882 || Kans .. 3d --| 2,000,
For list of surveyors-general to June 30, 1883, see page 554.
For list of registers and receivers to June 30, 1883, see page 555.
For list of special timber agents to September 13, 1883, see page 1051.
TELE DIVISIONS OF THE GENERAL LAND OFFICE.
DECEMBER 1, 1883.
CHIEF CLERK’s DIVISION. (See page 1231.)
DIVISION B.—Recorder's Division. (See page 1231.)
C.—Public Lands Division. (See page 1232.)
D.—Private Land Claims Division. (See page 1233.)
E.—Surveying Division. (See page 1233.)
F.—Railroad Division. (See page 1234.)
G.—Pre-emption Division. (See page 1234.)
K.—Swamp-Land Division. (See page 1284.)
L.—Draughting Division. (See page 1235.)
M.—Accounts Division. (See page 1235.)
N.—Mineral Division. (See page 1236.)
P.—Special Service Division, timber depredations, frauds, &c. (See,
pages 1236 to 1238.)
STAFF AND DIVISIONS OF GENERAL LAND OFFICE, DEC. 1, '83. 1231
Divisions of the General Land Office—Continued.
CHIEF CLERK'S DIVISION. (A)
P. legal
I’ º
Whence Date of Date of €SICIOD C8 Com-
Name. appointed original ap- | present ap- pensa-
PI) * | pointment. pointment. Con g tion.
State. dist.
Clerks.
. “G. N. Whittington ------------------. Mass ..... #. 1, 1871 || May 1, 1880 | Mass . 3d. $1,800
William O. Conway------------------- Md ------- Feb. 1, 1854 July 1, 1881 Md ...| 3d. - 1,800.
*John W. Le Barnes ----------...----- D.C ------ Nov. 1, 1875 July 1, 1881 | D.C.-1.----. 1,800
William H. Boyd---------------------- Minn - - - -. Mar. 9, 1876 || July 1, 1881 || Minn ... 1st . 1,600
*George R, Walbridge ---------------- Wis ...... Apr. 1, 1875 Sept. 7, 1882 || Wis ...| 9th...| 1,400
*Henry F. Wilckens .............-----| N. Y.----. July 16, 1872 May 1, 1877 | N. Y..] 16th. 1, 200.
Michael A. Lyons.-------------------- D.C ------ June 1, 1880 | Sept. 13, 1882 | D.C -...----- 1, 200
George A. Woolley-------------------- Va.-------. Sept. 1, 1872 July 9, 1883 || Wt. ... 2d. . 1, 200.
Charles M. Kanouse -------------...--. Wis ...... Mar. 2, 1882 July 12, 1883 || Wis --|3d.. 1, 200
Biram S. Graves ---------------------- N. J. ------ July 14, 1881 | Sept. 13, 1882 | N. J .. 2d. . 1,000
*ffrank Bell-------------------------- N. Y.--... Sept. 8, 1871 June 19, 1883 | N. Y..] 23d.. 1,000
Edward H. Minor ------............... Pa. ------- Mar. 7, 1865 June 22, 1883 Pa....| 21st 1,000.
Mrs. Jane E. Shepherd.....-----...... N.Y.. ---. Mar. 20, 1882 July 9, 1883 | N. Y..|21st -| 1,000.
Miss Mary M. Chapin................. Mass ... --. July 1, 1875 | Sept. 13, 1882 || Mass - | 12th. 1, 000
Copyists.
Miss Ada M. Stagg ------------------- Ohio ------ Mar. 20, 1882 | Sept. 13, 1882 Ohio -- 1st - 900
Mrs. Mary G. Oyster...........--...--. IPa-------- Sept. 6, 1882 | Nov. 1, 1882 | Pa. --. 14th. 900,
FECORDER'S DIVISION. (B)
IRecorder.
*Seth W. Clark ----------------------. N. Y.----. Dec. 23, 1865 May 25, 1876 | N. Y..] 33d... $2,000
Olerks.
Theodore F. Stokes............ --...-. Ind------- May 28, 1861 Aug. 16, 1882 | Ind.... 10th. 1,800
Joseph A. Deeble. --...- 2 - - - - - - - - - - - - - D. G. ------|Apr. 28, 1852 || Aug. 16, 1882 | D.C --|----.. , 600.
*William A. Moore -----...----...---- Ill -------. Nov. 4, 1875 Aug. 16, 1882 Ill --..|5th... 1,600
Daniel McCarty . . . . . '• = • * * * * * * * * * * * * * * N. Y.----- Dec. 12, 1852 Sept. 7, 1882 N. 23d..| 1,400
*John Dunn -------------------------. Va.----. -. May 8, 1866 | Sept. 7, 1882 Va.----| 8th. 1,400
*Wilson N. Fuller ---------------...--. D.C ------ Jan. 21, 1875 | Sept. 7, 1882 D.C. ... -----. 1,400.
*Charles A. Bretow.------------------ Mich ----. Aug. 1, 1879 Sept. 7, 1882 Mich - 7th... 1,400
Charles M. Heaton.------------------- Ind------- May 28, 1861 | Apr. 24, 1877 Ind. --| 13th. 1, 200
Mrs. Hattie K. Walsh. ---------------- N. Y.----- July 1, 1876 || Oct. 1, 1877 N.Y.. 17th. 1, 200
Miss Ada Braddock -----------------. Minn ----. Nov. 10, 1874 Sept. 13, 1882 Minn -| 2d. -- 1,200.
Miss M. A. Patterson -----...--------. Me ------- Dec. 23, 1874 Sept. 13, 1882 Me....|5th -- 1,200
Eugene R. Culver.--------------...--. N. Y.----. Feb. 8, 1877 Sept. 13, 1882 | N. Y..| 26th.| 1,200
Mrs. Rosa B. Niles -------------------. Ill -------- May 9, 1878 Sept. 13, 1882 Ill ....| 1st ... 1, 200
Miss Emily K. Winans................ N. Y.----.1 May 15, 1878 || Sept. 13, 1882 | N. Y..] 27th 1, 200
*Robert Nelson.--------.............. D. C. -----. Aug. 5, 1879 Sept. 13, 1882 D. C. --|------ 1, 200
Mrs. *ś C. Starkey-------------. Me-------. Feb. 1, 1877 || Oct. 2, 1882 Me....] 5th. - 1,200
William E. Moran .................... D.C.----. Apr. 1, 1853 June 19, 1883 D.C --|------ 1, 200.
*Peter P. Bergevin -----.............. Miss ------ Feb. 2, 1871 Aug. 1, 1879 Miss -- 6th. 1,000
Miss Mary F. Hood. -----...--........ D.C ------ Mar. 1, 1877 | Sept. 13, 1882 D. C ... ---- 1,000-
Mrs. Maud A. Rudolphe -------------. Rans ..... Nov. 1, 1881 Sept. 13, 1882 Kans...| 3d. --| 1,000
Horace K. Lamb ---------------------. Ill -------. Jan. 16, 1882 Sept. 22, 1882 Ill ---. 20th.| 1,000.
William M. Walters .................. ICV ------- Aug. 8, 1882 Mar. 7, 1883 Ky. ... 10th. 1,000
Mrs. Emma L. Young----------------. Fla. ------- Nov. 28, 1881 June 19, 1883 | Fla. --. 2d. -- 1,000
Mrs. Mary K. Gulick ----------...---- Pa-------- Mar. 20, 1882 June 19, 1883 Pa.... 19th- 1,000.
Copyists.
Mrs. Martha S. Morrison.-------...--. Ohio. ----- Apr. 14, 1880 July 1, 1881 Ohio --| 13th. 900.
Mrs. Eva S. Evans-------------------. Fans ..... Sept. 7, 1881 Sept. 13, 1882 Kans--|3d... 900
Miss Fannie L. Ramsey--------------. Ill -------- Dec. 29, 1881 Sept. 13, 1882 - - - - 9th-- 900
Miss Lizzie E. Murphy------** * * * * * - - - N. Y...... Feb. 7, 1882 Sept. 13, 1882 | N. Y. --| 25th. 900°
Mrs. Mary E. Nesmith......... .------| N. H.----. Mar. 9, 1882 Sept. 13, 1882 | N. H. . 2d... 900
tyſrs. F. A. Whipper ------------ * * * * * * S.C.------- Mar. 9, 1882 | Sept. 13, 1882 | S. C. --| 7th. 900
Mrs. Ellen S. Boiseau. ----------------- D.C.----. Mar. 20, 1882 | Sept. 13, 1882 D.C. ... ---.. 900.
Miss Susan P. Trimble. ----------...--. Ada.------- Mar. 20, 1882 Sept. 13, 1882 Ala ---| 6th. 900.
Miss Mary I. Whitehead---...------- ...] N. Mex...] Mar. 20, 1882 | Sept. 13, 1882 | N.M.------. 900,
Miss Annie E. Smith. ----------------- Wis, ------ Mar. 9, 1882 || Oct. 3, 1882 | Wis .. 7th. 900
Miss Ada C. Lammond.--------------- Cal ...----- June 3, 1879 |June 19, 1883 | Cal ...| 1st. 900,
Mrs. Lizzie Greenland.--------------- Pa-------. Mar. 20, 1882 June 19, 1883 || Pa....| 21st 900
Mrs. Mary L. B. Smith ---------------- Pa. ------. June 20, 1883 June 20, 1883 || Pa. --. 2d. -- 900.
Oliver E.Williams.......------------. Pa. -------. June 22, 1883 June 22, 1883 || Pa.... 10th. 900
Mrs. Susan P.Grigsby ---------------. Ky ------- June 30, 1883 June 30, 1883 || Ky.... 8th.. 900
Miss Ella F. Larkin. ------------------ Nebr -...-. June 30, 1883 || June 30, 1883 | Nebr. 1st .. 900.

* Army or Navy.
1232 STAFF AND DIVISIONS OF GENERAL LAND OFFICE, DEC. 1, '83.
Divisions of the General Land Office—Continued.
IXIVISION OF PUBLIC LANDS. (C)
P. legal
T£810ie.In Cô.
Whence Date of Date of 6 Com-
Name. appºi. original ºp' | present ap: pensa-
pp. * | pointment. pointment. Con tion.
State. "...#
St.
Principal clerk.
*Myron E. N. Howell ................. Mich ..... May 28, 1861 Jan. 6, 1879 Mich - 6th...] $1,800
Olerk.8.
Daniel T. Pierce---------------------- Mich ..... Jan. 1, 1863 Aug. 16, 1882 Mich. 6th... 1,800
*John W. Bell -----------------------. Mass ----. Aug. 1, 1879 || Aug. 16, 1882 | Mass - 3d. --| 1,800
*David Kohr. ------------------------. Pa -------. Apr. 3, 1871 Sept. 19, 1882 Pa. -- . 19th. 1,800
*Samuel W. Snow ---------------...-- N. C. -----. Apr. 11, 1877 || Oct. 2, 1882 | N. C -- 5th... 1,800
Angier M. Hobbs ----------...---------- Tex------- Mar. 23, 1875 Dec. 6, 1882 Tex- - - 7th. - 1,800
*Harry F. Smith ---------------------. N. Y.----. Jan. 14, 1865 May 5, 1883 N. Y. - 26th. 1,800
*Charles T. Yoder -------------------. Pa. -------. Aug. 7, 1879 May 31, 1883 || Pa..... 23d... 1,800
Remus F. Foster.--------------------- Pa -------- June 1, 1877 June 25, 1883 Pa. --. 2d. ...} 1,800
*Luther R. Smith ----------------...---- Ala ------- July 3, 1883 July 3, 1883 || Ala - - - 1st -- 1.800
*Woodford D. Harlan-...--------------- Ill -------. Dec. 21, 1865 Oct. 1, 1873 Ill ---. 15th. 1,600
*Charles H. Babbitt. ------------------ Iowa. ----- June 1, 1877 July 1, 1881 | Iowa. - 9th. - 1,600
*Centre H. Lawrence - - - - - - - - - - - - - - - - - N. II------ Feb. 10, 1866 || Aug. 16, 1882 Md. ---| 6th... 1,600
William M. Backus -----------...----- Vt.------- Feb. 9, 1871 Aug. 16, 1882 Vt. ...| 1st. 1,600
George H. Cline.----------...----------- Md. ----... July 11, 1871 || Aug. 16, 1882| Md. ... 3d ...| 1,600
Charles S. Gregory ------------------. N. Y. . . . . . July 1, 1872 Sept. 14, 1882 N.Y..] 27th. 1,600
* Henry Wally ---...------------------ Mich - - - - - Jan. 16, 1871 Mar. 6, 1883 Mich . 7th - 1,600
Yvon Pike---------------------------- W.Va.---| Mar. 1, 1880 || May 5, 1883 Ark ... 3d ... 1,600
John W. Sanderson -----. ------------- D. C - - - - - - Aug. 1, 1872 May 31, 1883 D.C.. -----. 1,600
David Thompson --------------------. Mich . . . . . Aug. 8, 1882 June 19, 1883 Mich - 3d - 1,600
John A. Hirth ------------------------ I). C - - - - - - Oct. 1, 1866 June 25, 1883 | D. C -...----. 1,600
Charles C. Norton -------------------. Vt -------- Aug. 1, 1879 || June 25, 1883 || Wt. -- . 1st. 1,600
* L. E. Forrest Spofford --------------. Conn .... Mar. 10, 1871 July 9, 1883 || Conn - 3d ... 1,600
*Vivian Brent-----------------------. Md. ------. Aug. 28, 1882 July 10, 1883 Md ... 5th . 1,600
* John P. Driver ... ------------------. Iowa. . . . . . Aug. 24, 1865 May 1, 1870 Iowa. - 5th . 1,400
William H. Hanford ... --------------. Y------ Feb. 13, 1871 July 15, 1881 | N. Y..] 30th. 1,400
John P. Grantham -------------------. Iowa. ----- Jan. 8, 1870 Sept. 7, 1882 Iowa. - 1st... 1,400
Christopher Boyle -------------------. D.C. ------ Aug. 1, 1879 Sept. 7, 1882 | D.C -...----- 1,400
f John L. West.----------------------. S. C. -----. Aug. 5, 1879 Sept. 7, 1882 S. C---| 4th - 1,400
Albert G. Hall -----------------------. N. Y.----. Feb. 27, 1880 | Sept. 7, 1882 | N. Y..] 11th. 1,400
Samuel S. Trowbridge-...--------------. Mich ... --. Apr. 15, 1880 | Sept. 7, 1882 Mich | 6th - 1,400
John M. Rynex ----------------------- Mo ------. Mar. 9, 1882 Sept. 7, 1882 || Mo ---| 2d --| 1,400
Charles W. Davis --------------------. N. Y ------ Aug. 1, 1882 Sept. 7, 1882 | N. Y..] 28th 1,400
Julius P. Knabe ---------------------. Tenn - - - -. Aug. 5, 1879 Sept. 15, 1882 Tenn - 2d . 1,400
James T. Birchard -------------------- Mich ----. Sept. 18, 1862 || Oct. 2, 1882 | Mich - 1st. 1,400
* Davies E. Castle. -- - - - - tº a º ºs º ºs º º º ºr e º ºn a Ind ------ Apr. 1, 1875 || Oct. 10, 1882 Ind... 6th 1,400
* Edward A. Duncan. ----------------- Miss------ May 8, 1876 Nov. 1, 1882 Miss...| 3d --| 1,400
* Harrison W. Happy ----------------. Ill -------. Jan. 31, 1883 || Jan. 31, 1883 Ill ----| 20th 1,400
* William Miller, jr. ------------------ Ala------- Mar. 12, 1882 Mar. 6, 1883 || Ala... 2d --| 1,400
Charles E. Don Carlos. --...----------- JKans ----- Feb. 1, 1883 || Mar. 19, 1883 || Kans - 1st... 1,400
* James Rowan ----------------------- Miss------ Mar. 9, 1882 | Apr. 25,1883 || Miss...| 5th 1,400
John P. Smart -----------------------. Va.-------- Oct. 3, 1870 July 9, 1883 | D.C --|------ 1,400
Francis W. Clements ----------------. Mo ------- July 29, 1880 July 9, 1883 D.C..|...... 1,400
John R. Neagle ----------------------- S.C.------|--------------|--------------|--------|------ 1,400
John W. de Krafft ---...--------------- Va.------- June 1, 1837 || Aug. 13, 1877 | Va.---| 8th 1,200
Allen Goodridge ---------------------. Mich ----- Jan. 4, 1867 || Aug. 1, 1879 || Mich... 6th - 1,200
* Michael McNulty ------------------. N. Y. ----. July 22, 1866 | Sept. 13, 1882 | D.C.. j.----- 1,200
Edwin I. Shope ----------------------. Md. ------- Aug. 5, 1879 Sept. 13, 1882 Md. ...! 6th - 1,200
Jonathan M. Andrus-----------------. Conn ----. Feb. 27, 1880 | Sept. 13, 1882 Conn . 2d ... 1, 200
* George W. Bogue ------------------. N. Y.----- Apr. 8, 1881 | Sept. 13, 1882 | N. Y..} 5th - 1,200
Hiram H. Jones.---------------------. Ind------- Mar. 18, 1882 | Sept. 13, 1882 | Ind... 7th - 1, 200
George B. Chew -----------------...--. Tex. ------ Mar. 20, 1882 | Sept. 13, 1882 Tex... 10th. 1, 200
Miss Mary S. Lauck ------------------ D.C ------ Mar. 1, 1871 Sept. 23, 1882 D. C. ........ 1, 200
Miss Mary Murphy----...------------. Iowa. ----- Aug. 1, 1879 Sept. 23, 1882 | Iowa. - 4th - 1,200
Taylor L. Piessner -------------------. N. Y.----- Aug. 15, 1879 || Nov. 1, 1882 N. Y. 20th.| 1, 200
Charles W. Jones, jr. --------- * -------- Fla. ------- Mar. 19, 1883 || Mar. 19, 1883 | Fla. ... 1st. - 1, 200
fjoseph S. Davis.--------------------- Va.------- Sept. 7, 1882 Apr. 25,1883 || Va.--. 5th - 1,200
* Alexander W. Conlee. --------------- Nebr.----- June 4, 1883 || June 4, 1883 | Nebr - 1st. - 1,200
Mrs. Elizabeth P. Foster --- - - - - - - - - - - - N. H.----- May 8, 1878 June 19, 1883 N. H. 1st- . 1,200
Miss L. Belle Hamlin ----------------. Ind------- Dec. 19, 1878 June 19, 1883 || Ind... 13th. 1, 200
Alfred Holmead ---------------------- D.C ------ June 21, 1877 June 27, 1883 D. C. . . . ----- 1,200
William E. Walk. --------------------. D.C ------ Feb. 28, 1879 || June 30, 1883 D.C --|------ 1,200
Miss Emma B. Wilson ---------------- Mass ----. May 8, 1878 || July 14, 1883 Mass . 9th - 1,200
Miss Mary B. Moon. -----------------. Tenn.---. Nov. 3, 1876 Sept. 13, 1882 Tenn. 3d -- 1,000
Mrs. B. McL. Probasco. --------------- Ohio. --... Mar. 1, 1880 Sept. 13, 1882 Ohio -- 1st. - 1,000
Miss Josephine Waring -------------- Md ------- Mar. 1, 1880 Sept. 13, 1882 Md. ... 6th - 1,000
* Frederick B. Landis. --------------- '... Ohio. ----. Mar. 20, 1882 Sept. 13, 1882 Ohio -- 7th 1,000
John A. Silence. ---------------------. W.Va....| Mar. 20, 1882 | Sept. 13, 1882 | W.Va.) 3d ... 1,000
Mrs. Marie L. Mason...... ------------ Ark -----. Mar. 1, 1876 | Oct. 2, 1882 Ark ..] 2d -- ,000
* Army or Navy. i Colored.


STAFF AND DIVISIONS OF GENERAL LAND OFFICE, DEC. 1, '83. 1233
Divisions of the General Land Office—Continued,
DIVISION OF PUBLIC LANDS—Continued.

Present legal
Whence Date of Date of residence. Com-
Name. andointed original ap- present ap- pensa-
pp. * | pointment. pointment. Cong, tion.
State. 9.9′3.
dist.
Clerks—Continued. -
Thomas W. Eustace .......... -------. Ill -------. Aug. 1, 1874 June 19, 1883 Ill....} 7th 1,000
Miss Maude Freeman. ---------------. Ohio ...... Sept. 30, 1882 June 20, 1883 Ohio --| 4th 1,000
Mrs. E. E. L. Lawrence.--------------. Rans ---.. Mar. 9, 1879 June 22, 1883 || Kans - || 3d - 1,000
Mrs. S. E. Van Winkle................ W. Wa ....] Mar. 9, 1882 June 22, 1883 || W.Va. 4th - 1,000
Alexanter Hunter -------------------. a- - - - - - - - Feb. 19, 1883 June 30, 1883 || Va.--. 8th -| 1,000
J. Wainwright Ray. ------------------ N. Y ------ July 12, 1883 July 12, 1883 | N. Y..] 30th.| 1,000
Copyists.
Mrs. Emily W. Neyland............... Tex------- Apr. 3, 1876 |Apr. 3, 1876 | Tex...| 1st. 900
Mrs. Alice C. Hall.-------------------. Md.------ June 5, 1880 June 5, 1880 || Md 3d .. 900
Mrs. Mary I. Page -------------------- N.C.----- July 16, 1881 July 16, 1881 N. C 4th 900
Miss Louise J. White.......----...--. N. J.----- Jan. 24, 1880 | Sept. 13, 1882 | N. J .. 6th 900
Miss Maryl’. Whitwell ............... D.C.--... Aug. 5, 1881 | Sept. 13, 1882 D.C -|.----. 900
f Mrs. G. N. Powell ---...........----. N. Y...... Mar. 9, 1882 Sept. 13, 1882 | N. Y..] 8th 900
Miss Ellen M. Mills................... Mich ..... Mar. 20, 1882 | Sept. 13, 1882 Mich . 5th - 900
Miss Mary A. Lumsdon............... Md. ------- July 6, 1879 June 8, 1883 Ma - - - 6th 900
Miss Josephine G. Blake....... --...--. I’a -------- June 20, 1883 || June 20, 1883 Pa.....| 1st. - 900
Miss Emma G. Frazer ................ Ill -------. June 20, 1883 || June 30, 1883 Ill ....| 2d .. 900
Mrs. M.I. Jenkins --------------------|------------|--------------|--------------|--------|------ 900
Assistant messenger. - -
Miss Crudella E. Walling............. Tex -----. July 5, 1883 July 5, 1883 | Tex...| 9th - 720
DIVISION OF PRIVATE LAND CLAIMS. (D)
Principal clerk.
*William H. Walker ................. Mass ..... Jan. 6, 1875 | Feb. 3, 1883 Mass - 6th - $1,800
vlerks.
iſohn R. Dickinson.------------------- D.C -----. June 1, 1877 July 1, 1881 | D.C -------. 1,800
Wesley D. Smith.--------------------- N. Y.----- June 16, 1870 June 25, 1883 || N. Y..| 25th. 1,800
John B. Lauffer ----------------------. Pa. -------- July 1, 1875 Aug. 16, 1882 | Pa. ---| 21st. 1,600
Miss Clara M. Archibald.............. Fans ----. Jan. 5, 1875 Sept. 13, 1882 || Kans . 2d --| 1,000
Miss Clara J. Martin. ---...--------...-- Pa. ------. Dec. 28, 1881 June 19, 1883 || Pa....| 14th 1,000
Copyists.
Mrs. Effie A. Shepperd................ Ill -------- June 22, 1883 June 22, 1883 Ill ....| 14th 900
Miss M. E. Lehigh........... ---------|------------|--------------|----------------------|------ 900
DIVISION OF PUBLIC SURVEYS. (E)
Principal clerk.
Oscar Hinrichs ----------------------. D.C ------ Aug. 7, 1879 Mar. 5, 1882 | D.C. ........ $1,800
Olerks.
James Edmunds ---------...----------. Mich. ----. May 1, 1861 Aug. 16, 1882 Mich - 1st. 1,800
* Wentz C. Miller ... --...--------------- Pa. -------. July 20, 1881 July 10, 1883 | Pa....| 18th- 1,800
*Nathaniel Freeman.----------------- S.C.------- Mar. 18, 1871 || Aug. 16, 1882 D. C.-H...--- , 600
William A. Cowles.------------------. Conn.------ Nov. 25, 1877|June 19, 1883 Conn - 2d ... 1,600
John S. Williams ----------...--------. Iowa.----. Mar. 18, 1871 May 1, 1882 Iowa...! 3d ... 1,400
Copyists.
Mrs. Ellen C. Abbott.----------------- M. C. ------ Mar. 20, 1882 Sept. 13, 1882 | N. C. ... 3d .. 900
Miss Lizzie Jones--------------------. Ala ------- June 22, 1883 || June 22, 1883 || Ala ...| 4th.. 900
* Army or Navy. t Colored.


78 L O—WOL III
1234 STAFF AND DIVISIONS OF GENERAL LAND OFFICE, DEC. 1, '83.
Divisions of the General Land Office—Continued.
July 3, 1883
DIVISION OF RAILROADS. (F)
Present legal
Date of Date of residence. Com-
Name. original ap- present ap- pensa-
pointment. pointment. Cong. tion.
Chief.
J. Dempster Smith---------------..... June 1, 1877 July 1, 1881 | D.C --|...... $1,800
Olerks.
*Samuel R. Edwards.............----. Mar. 20, 1871 || Mar. 15, 1882 |Ill ---. 11th.| 1,800
Willis J. Drummond.................. - Apr. 1, 1871 Aug. 16, 1882 W. Va. 1st. 1,800
Andrew T. Stone....... - - - - - - - - - - - - - - May 19, 1879 || Aug. 16, 1882 | D. C. --|------ 1,800
*Calvin S. Brown--------------------. July 2, 1879 || Aug. 16, 1882 Kans... 2d ... 1,800
Thomas Cromwell ...........--------- M June 30, 1859 | Feb. 1, 1879 Md. ... 3d -- 1,600
Samuel S. Marr --------------...--...-. Sept. 5, 1870 Aug. 16, 1882 Md. ---| 6th-.] 1,600
Frank D. Orme ----------------------. #: 1, 1863 || Aug. 21, 1882 Ill ----| 14th. 1,600
Thomas R. Benton.------------------- ar. 18, 1871 June 19, 1883 D. C. --|------ 1,600
Fleming R. Griffith ....... -----------. May 30, 1865 Mar. 1, 1868 Pa....| 20th. 1,400
Walter. P. Jones ---------------------. Dec. 19, 1879 Sept. 7, 1882 | N.Y..] 17th 1,400
* Francis M. Gideon................... Mar. 9, 1883 July 9, 1883 || Ind...] 11th 1,400
*Cyrus J. Reed.-----------...--------- July 5, 1883 July 5, 1883 Colo --|--.... 1, 200
Miss Jennie F. Skinkle............... Nov. 16, 1880 Aug. 15, 1882 | Iowa..] 1st...| 1,000
Miss Julia E. Slosson......----------. Mar. 1, 1877 Sept. 13, 1882 Ark. --| 3d 1,000
* John P. Peterson. --................. Ill July 14, 1883 July 14, 1883 Ill ....| 10th. 1, 000
Miss Jennie M'Keever................ . Apr. 28, 1874 June 22, 1883 Va.--. 3d ...| 1,000
- Oopyist.
Miss Ada B. Farrar................... July 10, 1883 July 12, 1883 D.C..]...... 900
DIVISION OF PRE-EMPTIONS. (G)
Ohief.
Henry Howes.------------------------ Nov. 25, 1871 || July 1, 1881 || Wt.... 2d ..] $1,800
Clerks,
James G. Johnston ------------------. Apr. 30, 1879 Aug. 16, 1882 Pa....] 21st. 1,800
• *James J. Barnes. -------------------- July 19, 1864 Aug. 16, 1882 Mich..| 1st. 1,600
Philip H. Seymour -------------------- Aug. 1, 1879 Aug. 16, 1882 Ohio -- 1st. - | 1,600
Oscar H. Herring----...--------------. Feb. 27, 1880 Mar. 19, 1883 Iowa -- 1st--| 1,600
* Nelson D. Adams.... ---------....... V. July 9, 1869 Apr. 1, 1871 || Md ... th:- 1,600
* David H. Goodno - - - - - - - - ------...... ay 28, 1865 July 1, 1881 | Iowa--| 2d --| 1,400
Oscar Whitney ----...-----. --...--...--. D ar. 5, 1877 Sept. 7, 1882 Dak ... ----- 1,400
Steven H. Jecko ---------------------. Aug. 8, 1879 Sept. 7, 1882 | Mo....| 9th. - 1,400
Miss Mary C. Torrey -...-...----------- Aug. 21, 1877 June 25, 1883 Mich...| 1st--| 1,400
Mrs. Mary Barker -------------------. May 27, 1872 Sept. 8, 1882 Iowa. 3d --| 1, 200
Mrs. Lou M. Mattingly--------------- D May 4, 1876 | Sept. 13, 1882 | D.C..]. ----. 1, 200
William H. Davidson..... ------...... Apr. 11, 1882 | Sept. 13, 1882 Mass...} 9th...| 1,000
Ethelbert P. Oliphant. ---------------. P ov. 1, 1878 Sept. 23, 1882 Pa....] 21st 1,000
Mrs. Sallie T. Dunlap -------, ---..... Mar. 9, 1882 June 19, 1883 || Ala - - - 4th 1,000
Oopyists.
Mrs. Helen E. Gray -------...--------. Mar. 10, 1880 Mar. 10, 1880 | Nebr..| 1st.. 900
Mrs. Laura E. Cook.-------------...-. IM June 5, 1881 June 5, 1881 Mo ...| 12th 900
Miss May Simkins-------------------. Mar. 9, 1882 ; 13, 1882 --| 2d .. 900
Miss Emma H. Gurley ---------------. July 3, 1883 July 9, 1883 D. C. ...|...... 900
DIVISION OF SWAMP LANDS. (K)
Ohief.
*Sardis L. Crissey ..... tº gº tº gº tº e º gº º ſº e º is º ºs Mar. 22, 1864 Dec. 1, 1878 N.Y.. 33d - $1,800
Olerks.
Benry A. Wind.------. tº tº dº tº º ºs º º ºs e º ºs º º sº Jan. 20, 1864 Aug. 16, 1882 Pa....] 9th...] 1,800
Ephraim Kilpatrick -----------------. Mar. 25, 1865 April 18, 1870 Iowa..| 1st. - 1,600
enry W. Babbitt -------------------- P Mar. 1, 1863 Sept. 7, 1882 Pa....] 27th 1,600
*Aaron H. Nelson -------------- tº sº e º sº s Oct. 20, 1881 June 25, 1883 || La ....| 2d --| 1,600
Charles M. Clarke -------------------. Mar. 11, 1882 | Sept. 7, 1882 N.Y.. 3d -- 1,499
§ H. Phillips-------------------. Mar. 23, 1882 Sept. 13, 1882 Minn .. 3d 1,200
Miss R. Cordelia Levy ---------...----- Jan. 11, 1877 Sept. 23, 1882 | D.C..|...--- 1, 200
fjohn E. Patterson. ---------...--...--. July 3, 1883 N. C. .. 2d ...| 1,000



* Army or Navy.
STAFF AND DIVISIONS OF GENERAL LAND OFFICE, DEC. 1, 83. 1235
Divisions of the General Land Office—Continued.
DIVISION OF DIRAUGHTING. (L)
Presentlegal
N Whence, loºs. wº residence. Com-
8010, º Original ap- present ap- pensa-
appointed. #.º. pointment. Cong. tion.
State, ſº
Chief.
Gustave P. Strum -------------------- Va.-------- June 24, 1875 | Nov. 16, 1882 D.C..}...... $1,800
Olerks.
William Naylor----------------- is nº gº tº tº º D. C. ------ Oct. 15, 1875 Mar. 19, 1883 D. C. -------. 1,800
*Robert H. Morton ------------------- Ohio -----. July 11, 1870 July 1, 1881 Ohio --| 13th.| 1,600
*Andrew F. Dinsmore.--------------- Mich-----. Nov. 24, 1882 | Nov. 24, 1882 Mich--| 5th...] 1,600
* John B. Shinn ----------------------- N.C. -----. Aug. 1, 1879 Sept. 7, 1882 | N. C. --| 2d --| 1,600
John C. Van Hook.-------------------. D. C. ------ May 10, 1878 Sept. 7, 1882 | D. C. --|-..... 1,400
*August Pohlers --------------------- D. C. -----. Feb. 1, 1876 June 19, 1883 D. C. ...|...... 1,400
Matthew Hendges -------------------- D. C ------ June 19, 1883 July 9, 1883 D. C. --|-----. 1,400
Thomas H. Trumbull------------...-- N. H.----- Aug. 20, 1879 July 1, 1881 | N. H. - 1st...] 1, 200
Ralph P. Lowe ----------------------- Iowa. ----- Oct. 10, 1881 jº 13, 1882 | Iowa. - 1st... 1, 200
* John W. Stockton-...-...--------..... Pa. -------- July 13, 1883 July 13, 1883 || Pa ---. 2d -- 1,200
Rudolph von Gluemer................ T. C. ------ July 5, 1883 July 5, 1883 || D.C.. [...... 1,000
Copyist.
Mrs. Emma T. Morris.--------------.. Md. ------- June 30, 1883 || June 30, 1883 || Md. ... 3d... 900
DIVISION OF ACCOUNTS. (M)
Chief.
*James W. Donnelley.-----........... Ark ------ Oct. 22, 1876 Sept. 1, 1880 | Ark ..] 3d...] $1,800
Olerks. *
*John H. Baker----------------------. Pa. ------. May 6, 1881 | Sept. 19, 1882 | Pa....f6th...] 1,800
Frederic A. Holden.------------------ R. I.------- Mar. 12, 1871 || Aug. 16, 1882 || R. I.---| 2d... 1,600
Wilton Griffin ------------------------ N. Y. ----- Feb. 2, 1877 Aug. 16, 1882 D. C. --|-----. 1,600
*Henry C. Darragh.-------------------. Pa-------- June 1, 1877 Aug. 16, 1882 Pa..... 2d...] 1,600
Thomas M. Baldwin -----------------. Pa. -------. Aug. 1, 1879 || Aug. 16, 1882 | Pa. ---| 18th.| 1,600
Arthur W. Bell ----------------------. Pa. ------. Aug. 1, 1879 || Aug. 16, 1882 Pa. ---| 2d...] 1,600
Charles Clinton Wilson.--------------. Va.-------. June 12, 1872 | Apr. 25, 1883 || Md. ...| 3d... 1,600
*Willis H. Grigsby.----------......... Ga.------. Aug. 1, 1879 Sept. 7, 1882 | Ga.... 5th--| 1,400
Howard B. Abbott.------------------- Va.-------. Aug. 5, 1879 | Sept. 7, 1882 Va.--. 8th. 1,400
*Albert G. Ryan ---------------------. Ark -----. Oct. 27, 1879 || Oct. 2, 1882 Ark --|3d... 1,400
William G. Nolen.-------------------- D.C ------ Nov. 19, 1882 |May 5, 1883 D. C. --|------ 1,400
William A. Marks.--------------...--. Va.------. Apr. 3, 1882 May 31, 1883 || Va.--. 4th. - 1,400
Benjamin T. Reilly-------------------- Ohio ------ Aug. 15, 1833 Sept. 13, 1882 D.C. ........ 1, 200
George W. Clarvoe-------------------- D. C - - - - - - Aug. 27, 1879 || Sept. 13, 1882 D. C. ... [...... ,200
*John R. McConnell................... D.C ----.. Oct. 2, 1882 Oct. 2, 1882 D.C. ..]...... 1, 200
George B. Barnard-------------....... D.C ------ Oct. 2, 1882 Oct. 20, 1882 | D.C. ...|...... 1, 200
Miss Lilian Burritt ---------...- ...... Pa. -------. Aug. 1, 1870 || July 9, 1883 Pa....|15th.| 1, 200
*James D. Mankin -------------------. Ky. ------ July 3, 1883 July 3, 1883 Ky. ..] 5th... 1, 200
Abraham B. Hiltman................. N. Y...... May 19, 1879 June 23, 1883 || N. Y..| 8th. 1,000
Edward I. Pool-----------------------. N.C.----- June 23, 1883 June 23, 1883 | N. C. - || 4th...| 1,000
Theodore Porter---------------------- Ill -------. July 3, 1883 July 3, 1883 Ill --- ...| 1,000
Miss E. K. McNeir..... * * * * * * * * * * * * * * = Md ------- Apr. 26, 1880 June 19, 1883 D.C --|------ 1,000
Copyists.
Miss Libbie E. Guyton.--------....... Tenn ..... Feb. 1, 1877 Feb. 1, 1877 Tenn - 10th. 900
Miss M. A. Walker ------------------- Iowa - - - -. Oct. 5, 1878 || Oct. 5, 1878 || Iowa...| 1st.. 900
Miss Mary M. Campbell .............. Tenn ..... July 25, 1879 July 25, 1879 Tenn | 8th.. 900
Miss Carrie L. Shaber ------------...-. New ...... Sept. 25, 1882 || Oct. 3, 1882 | Ney --|-----. 900
Miss Nannie J. Coleman -------------. Ohio ------ June 20, 1883 June 20, 1883 Ohio -- 17th. 900


*Army or Navy.
1236 STAFF AND DIVISIONS OF GENERAL LAND OFFICE, DEC. 1, '83.
Divisions of the General Land Office—Continued.
DIVISION OF MINERAL CLALMS. (N)
Presentlegal
Whence Date of Date of residence. Com-
Name. appoi original ap- present ap- pensa-
ppointed. & *
pointment. pointment. Con tion.
State. "...#
Chief.
Joseph Tyssowski.------------------. D.C.----- July 23, 1861 Mar. 16, 1882 | D.C --|------ $1,800
Olerkg.
*Charles A. Boynton ------------------ Ohio -----. Sept. 10, 1870 Aug. 16, 1882 || Ohio... 14th. 1,800
John H. Hickcox, jr. ------------------ N. Y.----- Oct. 1, 1879 June 25, 1883 | N. Y.. 16th. 1,600
*Henry G. Potter --------------------. Ohio ------ July 19, 1870 July 1, 1881 Ohio -- 15th.| 1,400
Frank P. McDermott ------------...--. D. C. ------ Aug. 1, 1879 Sept. 7, 1882 D. C. --|-----. 1, 400
Philo B. Wright ---------------------- Ind------- May 2, 1882 Apr. 24, 1883 || Ind. ... 10th. 1, 400
William B. Matthews................. Va.-------. June 14, 1883 June 14, 1883 || Va.... 3d.... 1, 400
*Albert L. Pitney--------------------. Ill -------. Aug. 1, 1874 June 19, 1883 Ill ....| 12th. 1,400
Andrew Diltz.------------------------- Ind------- Dec. 21, 1881 June 19, 1883 Ind... 11th.| 1,400
Duane E. Fox. -----------------------. Mich ..... Apr. 4, 1882 June 19, 1883 || Mich - 5th...| 1,400
John U. Mueller ---------------------- Mich ----. May 2, 1882 June 19, 1883 Mich - || 1st - 1,400
Everard Bierer, jr-------------------. Eans - - - -. Aug. 8, 1882 June 23, 1883 || Kans - || 1st . 1,400
*George W. Barnes ------------------- Pa. ------. Mar. 20, 1882 June 25, 1883 Pa. --. 1st. 1,400
Perry G. Michner.-------------------. Ind------- May 5, 1883 May 5, 1883 Ind. .. 6th.| 1,400
Miss Emma E. Pearce----------------. N. Y.----- May 22, 1874 Sept. 13, 1882 | N. Y. 13th.| 1,200
Ithamar P. Berthrong ---------------. N. Y. ----- Apr. 29, 1882 Sept. 13, 1882 | N. Y..] 30th. 1, 200
Horace F. Clark ---------------------. Mo ------- June 6, 1881 Oct. 2, 1882 Mo - ... 11th. 1, 200
Miss Sarah A. Buckman.--------...-. Pa-------- May 1, 1879 June 19, 1883 || Pa....|5th--| 1, 200
Miss Susan W. Carson. ----------...--. Pa. -------. Mar. 9, 1882 June 19, 1883 Pa. -- 9th... 1, 200
Oscar Newman ----------------------- Va.------- Mar. 28, 1882 June 19, 1883 || Va....] 3d-. 1, 200
Julius Ulke. ------------- - - - - - - - - - - - - - D.C ------ May 8, 1882 June 30, 1883 D.C --|--|--|-- 1, 200
Mrs. Adeline N. Chalker.............. N. Y...... Oct. 1, 1879 Sept. 23, 1882 | N. Y..] 27th. 1,000
Miss Isabella Carter.----------------- Utah ..... Oct. 10, 1878 || Oct. 2, 1882 Utah -|--|--|-- 1,000
Miss M. L. Fairchild -----...----------- N. Y.----- Aug. 17, 1880 June 19, 1883 | N. Y. – 29th. 1,000
Miss C. A. Hollingsworth - - - - - - - -...--. Mo ------- Nov. 4, 1881 June 19, 1883 || Mo - - - 10th.| 1,000
Mrs. Mary E. McAlpine.............. Mich. ----- Mar. 20, 1882 July 9, 1883 Mich - 8th...] 1,000
Copyists.
Miss Rachel A. Belt ---...-----------. Md. ------- Feb. 13, 1880 June 16, 1881 Md. ... 2d. 1,000
Miss Caroline M. Bosley.... ---------. Ill -------. Mar. 20, 1882 Sept. 13, 1882 Ill ....| 8th. 900
Mrs. Emma F. Clement --------------. Mass ..... Mar. 20, 1882 Sept. 13, 1882 Mass - || 4th.. 900
Felix E. Mahoney----------------...--. N. Y------ Apr. 22, 1882 || Oct. 3, 1882 | N. Y.. 10th. 900
Miss Mary P. Riddle------------------ Pa. -------. Nov. 28, 1882 Nov. 28, 1882 | Pa. --. 23d.. 900
Miss Emily C. Bryant.-----------..... Va.------. Apr. 27, 1883 June 19, 1883 || Va.---|2d-. 900
Miss Emily M. Chubb ...------------- D.C ------ June 22, 1883 || June 22, 1883 D.C --|-----. 900
Miss F. D. Brass ----------------------|------------|-------------- s s = º º sº º sº tº s = e º I e º is ºf s e s as e º ºs e º gº 900
DIVISION OF SPECIAL SERVICE. (P)
Ohief.
Alfred G. McKensie ------------------ Kans ----. July 23, 1876 || Aug. 16, 1882 Kans. 2d. $1,800
Clerks,
*Robert S. Graham-------------------- Mo ------- Oct. 29, 1874 July 1, 1881 || Mo --- 6th. 1,600
*Robert M. McKee. --------------..... D.C ------ Mar. 26, 1877 || Aug. 16, 1882 N.Y..] 33d...] 1,600
Archibald Young --------------------. Ark ------ Apr. 20, 1877 || Aug. 16, 1882 Ark -- 3d. -- 1,600
Gabriel W. N. Ogden -------------...-. N. Y------ Aug. 5, 1879 Apr. 14, 1883 | N. Y. - 12th.| 1,600
Miss Lucy M. Strong -------------...--. Vt. --...--. Apr. 1, 1875 June 25, 1883 || Wt ---. 1st ..] 1,600
William W. Wilshire, jr.............. Ark ------ Jan. 21, 1883 || Jan. 21, 1883 || Ark ... 3d... 1,400
Marshall H. Parks ---------------...--. Wis ...... May 10, 1879 || June 19, 1883 || Wis .. 2d...] 1,400
th J. Seaman.----------------------- N. Y.----- Oct. 26, 1870 June 25, 1883 || N. Y. - 28th. 1,400
iss Isabella S. Post.-----------...--. Conn ----. ar. 5, 1877 Sept. 13, 1882 Conn -| 2d... 1.200
1Miss Jennie S. Peyton ---------------- D.C -----. Nov. 13, 1879 || Oct. 2, 1882 | D.C. ...|...... 1, 200
Mrs. Annie P. McManus.-----------. Kans -...--. r. 9, 1882 June 19, 1883 Kans . 2d...| 1,000
Copyist.
Miss M. A. Palmer-------------------. D.C ------ Mar. 8, 1882 Apr. 8, 1882 D.C. ........ 900
Assistant messenger.
Miss Nettie Cowling------------------ D.C ------ June 22, 1882 June 25, 1883 || D.C. ........ #720

*Army or Navy.
f Promoted August 24, $900.
INSPECTORS AND SPECIAL AGENTS OF GENERAL LAND OFFICE. 1237
Divisions of the General Land Office—Continued.
*
INSPECTORS AND SPECIAL AGENTS.
*:::::: legal
Whence Date of Date of TěS100IlC6. Com-
Name. appointed original ap- present ap- pensa-
pp. pointment. pointment. Cong tion.
State. dist.
Inspectors of 8wrveyors-general and
district land offices.
John G. Evans. ----------------------. Colo ------ Feb. 5, 1883 || Feb. 5, 1883 || Colo - - - - - - - - $2,000
A. R. Greene -------------------------- Rams ----. Feb. 26, 1883 Feb. 26, 1883 || Kans. 2d . ,000
P. D. Hobbs--------------------------- * = -- ~ * - - - - Dec. 9, 1870 Nov. 1, 1883 || N. H. 1st 2,000
Special agents for timber depredations.
* Thomas F. Shoemaker----------...-. N. Y.----. May 4, 1882 May 4, 1882 N.Y..] 29th.| 1,400
John Truan. -------------------------- Colo ------ Sept. 23, 1882 Sept. 23, 1882 | Colo. ------- 1,400
William F. Prosser.--------------...--. Tenn -...--. Mar. 20, 1879 Dec. 1, 1882 | Tenn - | 6th...] 1,400
Thomas Harlan----------------------- Iowa. . . . . . May 10, 1881 | Dec. 1, 1882 | Iowa..] 1st... 1,400
Lemuel Shields ----------------------. Mo ------- May 13, 1881 Dec. 1, 1882 o. ---| 1st -- 1, 400
Milton Peden ------------------------. Ind------- May 16, 1882 | Dec. 1, 1882 Ind...| 6th -| 1,400
William Roy.------------------------- La -------. Junº VO, 1882 | Dec. 1, 1882 La ----| 2d ... 1,400
William M. Clark--------------------. Colo ------ Dec 23, 1882 Apr. 18, 1883 || Colo --|------ 1,400
Isaac N. Wilcoxen -------------- • * - - - - N. Y. -- - - - May 9, 1883 May 9, 1883 | N. Y..]-----. 1,400
John H. Welch. ----------------------- Mich. .... Apr. 18, 1879 May 21, 1883 Mich - 5th - 1,400
Edward W. Wynkoop. ---------------. Pa-------- Mar. 23, 1882 May 21, 1883 Pa.... 14th.| 1,400
Charles S. Martin --------------------- Fans -----| Aug. 10, 1883 || Aug. 10, 1883 || Kans - 3d - - 1,400
Don A. Dodge------------------------- Mich - - - - - Dec. 15, 1880 Jan. 24, 1882 Mich - 5th 1, 200
James Tullis.------------------------- Ind------. Sept. 15, 1882 | Sept. 15, 1882 | Ind ...| 9th 1,200
Darwin J. Chadwick. ----------------- Colo . . . . . . Oct. 4, 1882 || Oct. 4, 1882 | Colo -- |...... 1, 200
Bli A. Warren -----. ------------------ Tenn ..... Feb. 1, 1883 Feb. 1, 1883 || Tenn - || 1st 1, 200
James B. Thomas --------------------- Ariz ------ ar. 10, 1883 Mar. 10, 1883 || Ariz .. [...----- 1, 200
Thomas Burnside --------...------------ Pa-------. Mar. 16, 1883 || Mar. 16, 1883 Pa .... 0th 1, 200
Edward Outhwaite ------------------. Wis -- - - - - Mar. 19, 1883 Mar. 19, 1883 || Wis . . 9th - 1,200
L. W. Allum -------------------------- Cal ------- Apr. 23, 1883 || Apr. 23, 1883 || @al - - - || 2d - . 1, 200
Charles L. Kelsey--------------------- Ark ------ June 1, 1883 June 1, 1883 Ark -- 3d . . 1, 200
George W. Story.--------------...------ N. Y...... June 1, 1883 || June 1, 1883 | N. Y..] 7th 1, 200
Henderson Ritchie. ------------------. Rams - ....|June 2, 1883 || June 2, 1883 || Kans - || 3d - 1, 200
Warren F. Travis. ---------------...--. Tenn - - - - - Mar. 14, 1881 June 13, 1883 Tenn - | 8th 1, 200
Peru I. B. Ping-------------------...--- Rans. ---. Apr. 10, 1882 Apr. 19, 1882 Kans . . 2d 1,600
Special agents for swamp lands.
* Jonathan W. Childs ----------------. Md. ------. Aug. 5, 1879 || Oct. 1, 1882 | Md. ..| 1st- . 1,400
* Henry A. Myers--------------------- Pa-------. May 4, 1869 || Apr. 2, 1883 Pa....] 24th.| 1,400
* Louis Bergau ------------------------ Mo ------- June 4, 1877 July 25, 1883 || Mo ...| 5th 1,400
Joel C. Walker------------------------ Iowa------ Aug. 13, 1879 || Aug. 13, 1879 Iowa. 1st. 1, 200
*Robert L. Ream --------------------- Kans - - - - - Mar. 1, 1871 June 19, 1883 || D.C. ...|...... 1, 200
Special agents for fraudulent land
entries.
John M. Dunn ------------------------ Del ------- July 29, 1880 Apr. 5, 1883 || Del ...|...... 1,800
Algernon A. Mabson.----------------- Ala ------- June 10, 1882 July 25, 1883 || Ala ... 2d -- 1,600
*James Bell -------------------------. Fla ------- Mar. 27, 1877 | May 31, 1883 | Fla. ...| 2d ... 1, 200
Corydon W. Sanborn - - - - - - - - - - - - - - - - - Colo ... --. Dec. 13, 1882 Mar. 3, 1883 || Colo ...|...... #5 00
Henderson H. Eddy. ------------------ Colo -----. Mar. 10, 1883 || Mar. 10, 1883 || Colo ...|...... #5 00
Frederick T. Bickford ................ Vt.-------- Mar. 17, 1883 || Mar. 17, 1883 Vt. ----| 1st. #5 00
Thomas H. Cavanaugh.--------------- Kans..... Mar. 21, 1883 Mar. 21, 1883 Kans - 1st...] a ‘f 5 00
Wilson T. Smith ---------------------. Iowa. .... Sept. 11, 1880 Mar. 24, 1883 || Iowa... 7th #5 00
Jesse L. Pritcherd -------------------- Colo ...... Apr. 2, 1883 || Apr. 2, 1883 || Colo --|------ #5 00
Samuel Lee --------------------------- S.C.------- Apr. 3, 1883 || Apr. 3, 1883 || S. C. -- 1st. # 5 00
George D. Orner ---------------------- Kans - - - - - Apr. 3, 1883 Apr. 3, 1883 Kans - 3d - # 5 00
Thomas W. Jaycox. ------------------ N. Y-----. Apr. 5, 1883 Apr. 5, 1883 | N. Y. - 13th #5 00
Thomas M. James -------------------- Fans ----- Apr. 6, 1883 Apr. 6, 1883 || Kans - º # 5 00
Henry C. Bulis.----------------------- Iowa - - - - - Apr. 10, 1883 || Apr. 10, 1883 Iowa. 4th j 5 00
Travis Rhodes.----------------------- Dak - - - - - - Apr. 11, 1883 Apr. 11, 1883 ak --|-----. #5 00
Henry Grass.------------------------. Iowa. . ... - Apr. 12, 1883 Apr. 12, 1883 || Iowa..| 7th - #5 (0
William W. McIlvain ...... -----...--. Mich .....! Apr. 12, 1883 || Apr. 12, 1883 || Mich - 4th . f 5 00
George B. Coburn. -------------------- D.C. ...... June 1, 1877 | Apr. 17, 1883 || Mass - 8th #5 00
James A. McCormick. ---------------. N. Y..... - Apr. 23, 1883 Apr. 23, 1883 N.Y.. 25th- + 5 00
Edward G. Fahnestock --------------. Pa. - ......| Apr. 27, 1883 Apr. 27, 1883 || Pa. --. 19th.| #5 00
A. F. Ely------------------------------ Colo ...... May 7, 1883 May 7, 1883 Colo -------. #5 00
William Y. Drew --------------------- Kans. ----| May 9, 1883 || May 9, 1883 Kans -| 3d -. f 5 00
Edwin S. Bruce ----------------------- N. Y. ....| Oct. 14, 1882 |May 10, 1883 || N. Y..] 29th #5 00
Lucien J. Barnes.--------------------- Ark ------ May 11, 1883 || May 11, 1883 || Ark 3d . f 5 00
Henry J. Harrison -------------------. Iowa - - - - - Apr. 1, 1871 May 15, 1883 || Iowa. - || 3d ... + 5 00
Uriah Bruner------------------------- Nebr - - - - - Oct. 18, 1881 June 19, 1883 | Nebr . 3d ... 5 00
Henry W. Thorpe--------------------- Pa. ------- July 12, 1883 July 12, 1883 Pa....| 26th.| #4 CO
S. P. C. Stubbs ------------------------ Rans -...- Oct. 9, 1883 || Oct. 9, 1883 ........] ...... 1,600
*Army or Navy. fl’er day.

1238 INSPECTORS AND SPECIAL AGENTS OF GENERAL LAND office.
Divisions of the General Land Office—Continued.
INSPECTORS AND SPECIAL AGENTS-Continued.

- *. legal
Date of Date of residence. Com-
Name. Nº. original ap- | present ap- pensa-
appoin pointment. pointment. Cong, tion.
State. §
Saecial agents for fraudutent land
entries–Continued.
W. Eaton ----------------------------- Nebr. .... Oct. 1, 1883 || Oct. 1, 1883 |........]...... $1,600
W. Goucher--------------------------. Colo ------ Oct. 1, 1883 || Oct. 1, 1883 |........|...... 1,600
Special agents for eacamination of sur-
tey8.
Isaac Teller--------------------------- Mich - - - - - Jan. 24, 1883 Jan. 24, 1883 Mich - 6th . f 500
BHe B. Allen ----------------------- Colo ------ Feb. 14, 1883 Feb. 14, 1883 || Colo ........ f5 00
John #. Treadwell -------------------- Cal ------- Mar. 24, 1883 || Mar. 24, 1883 || Cal ...| 2d ... f6 00
George W. Lechner ------------------- Colo ------ Apr. 16, 1883 Apr. 16, 1883 || Colo ...|...... 5 00
Benjamin C. Bonnell------------------ Mich,----| May 11, 1883 || May 11, 1883 || Mich - 1st.. 5 00
Edson L. Luddington ----------------- N.Y }... May 28, 1883 || May 28, 1883 N.Y.. 25th. 5 00
Robert Berry ------------------------- Colo \ ... Oct. 9, 1882 June 6, 1883 || Colo ...|...... 5 00
ASSISTANT MESSENGERS, PACKERS, AND LABORERS.
Assistant messengers and packers.
* Francis J. McGraw ...---...--------. D.C ---... Aug. 5, 1879 Mar. 1, 1881 D.C.------. $720
Łºſoseph Morrison ------------------- Ark ------ Mar. 8, 1877 July 1, 1882 Ark --| 3d .. 720
Edward A. Hannegai ............. --. - C ------ Apr. 8, 1882 July 1, 1882 D.C. ........ 720
f Harrison Brown. -------------------- N. Y.----- June 12, 1869 Sept. 11, 1882 | N. Y. 27th. 720
# William ©Il- - - - - - - - - - - - - - - - - - - - - - - Va.------- July 1, 1878 || Sept. 11, 1882 | Va. ... 8th.. 720
fºeniamin S. Stewart-------------.... D.C ------ Sept. 7, 1880 | Sept. 11, 1882 | D.C.- ...... 720
Rudolph Scheitlin -------------------. D.C ------ June 4, 1881 | Dec. 4, 1882 | D. C. --|- ..... 720
William R. Spencer. -----------------. D.C.----. Apr. 22, 1879 || Jan. 24, 1883 | D.C --|-----. 720
f Amos Hill------------ & © tº e s sº tº s º gº tº s as º is Md ------- June 13, 1881 || June 21, 1883 || Md. ... 6th.. 720
* Leander G. Wilson ----...----....... D.C ----- July 23, 1881 || June 21, 1883 | D.C. ........ 720
f William T. Ferguson.-----...--------. D.C ------ *Ian. 24, 1883 June 25, 1883 D.C. ........ 720
Henry N. Lowry.--------------------- Mich ..... July 10, 1883 July 10, 1883 Mich. 5th.. 720
Laborers.
*f John H. Reeves------............... Va.-------. Sept. 15, 1871 | Sept. 15, 1871 D.C --|...... 660
f John F. Shorter ----------------..... D.C ------ Jan. 21, 1875 | Jan. 21, 1875 | D.C..]...... 660
* Washington Grady.----------------. Va.-------- *Ian. 5, 1876 || Jan. 5, 1876 D.C..]...... 660
f James W. Beckett.------------------| D.C -----. iſan. 6, 1880 || Jan. 6, 1880 | D.C.- ...... 660
flºichard Diggs ---------------------. D.C ------ Dec. 4, 1879 | Feb. 1, 1880 | D.C --|-----. 660
Charles Heydon ---------------------. D.C ------ Feb. 18, 1880 | Feb. 18, 1880 | D.C.-|...... 660
f William Johnson -------------------- D.C ------ July 1, 1880 || Mar. 1, 1881 | D.C --|...... 660
flºorval J. Johnson.----...---........ Miss ----. Dec. 1, 1882 | Dec. 4, 1882 | Miss...} 3d... 600
ºfſohn H. King----------------------. N. Y.----- Dec. 10, 1882 | Dec. 16, 1882 | N. Y. - 5th-- 660
flºartin Lewis------------------------ Md ------- June 23, 1883 June 23, 1883 || Md. ---| 6th.. 600
George S. Kershaw ................... Dak ------ Sept. 21, 1882 July 9, 1883 Dak --|-----. 660
George Pulaski----------------------. D.C ------ Sept. 1, 1862 July 14, 1883 D.C..] ...... 660
*Army and Navy. f Colored. t|Per day.
SURVEYs of THE PUBLIC LANDS To JUNE 30, 1883. 1239
SURVEYS OF THE PUBLIC LANDS
To JUNE 30, 1883,
(See pages 178 to 195, to June 30, 1880.
See pages 567 to 676, to June 30, 1882.
For list of surveyors-general to June 30, 1883, see page 554.)
SURVEYS.
The areas of public surveys executed during the year 1883 was as follows:
Acres.
Surveys of public lands --------------------------------------------- 54, 129,400.28
Surveys of Indian lands---> * * * * * * * * * * * - gº ſº tº gº & º ºs º ºs ºs tº dº º tº gº ºs tº º ſº tº gº º º ºs gº tº e º e 512, 098. 53
Surveys of private land claims -------------------------------------- 642,233.98
Total number of acres surveyed during the fiscal year .......... 55,283,732.79
At a cost of about 4 cents per acre.
Two thousand six hundred and seventy township plats and field notes of surveys
of public lands and private land claims were examined during the year, and three hun-
dred and fifty-one surveying contracts entered into by surveyors-general were ex-
amined and approved. -
CERTIFICATES OF DEPOSIT ON ACCOUNT OF SURVEYS.
(SEE PAGES 184, 185, AND 569 to 572.)
The amount covered by certificates of deposit on account of surveys examined and
accepted in payment for public lands during the year was $1,720,800.70.
The amount deposited for surveys under the individual deposit system was
$1,162,935.58.
For data of importance as to the individual deposit survey system, see pages 569 to
572 and 1242, together with the recommendation of the Commissioner of the General
Land Office for the repeal of this law. See also circular of September 15, 1883, relat-
ing to individual deposits, at end of this chapter. Congress seems to know nothing
about the practical operations of this law or its abuses. (Sec. 2401 to 2403 R. S.)
Rates of survey for 1883 remain the same as on page 573. The Congressional ap-
propriations were $400,000 for the year 1883 for surveys; the individual deposits
$1,162,935.58—three times as much as made by Congress. The area of surveyed and
undisposed of public lands June 30, 1883, was estimated at more than 243,000,000
acres, exclusive of the lands in the Southern States. (See page 528.) -
CONGRESSIONAL APPROPRIATIONS FOR 1883.
(SEE PAGE 568 FOB 1881 AND 1882.)
By the act of Congress approved August 7, 1882, there was appropriated $400,000
for the survey of the public lands for the year ending June 30, 1883. Said act pro-
. º expenditure of not exceeding $50,000 thereof for examinations of surveys
in the field.
The appropriation for surveys was apportioned by the Commissioner of the General
Land Office to the 16 surveying districts in accordance with the respective demands
for field work called for by the public service, to wit:
To the district of
izona------------------------------------------------------------ $20,000 00
California --------------------------------------------------------- 25,
Colorado ---------------------------------------------------------- 50,000 00
Dakota ------------------------------------------------------------ 45,000 00
Florida -------------------------- C. º ºs º º ºs ºs º ºs e º e ºs e º 'º º º ºs s is is sº is ºn tº e is tº e º 'º º . 25,000 00
Idaho ------------------------------------------------------------- 15,000 00
Louisiana (actual) ------------------------------------------------- 17,292 38
Minnesota --------------------------------------------------------- 20,000 00
Montana ----------------------------------------------------------- 31, 500 00
Nebraska and Iowa ------------------------------------------------ 15,000 00
Nevada (actual)---------------------------------------------------- 20,590 52
1240 SURVEYS OF THE PUBLIC LANDS To JUNE 30, 1883.
To the district of
New Mexico (actual)
* * * * * * * * * * * * * * * º ºs º º 'º e º 'º º sº ºn tº gº tº º ºs º gº º ºs ºs º º ºs º ºs e e º ºr e =
Oregon ------------------------------------------------------------
Utah
Washington -------------------------------------------------------
Wyoming----------------------------------------------------------
381,377 10
By the same act of Congress there was also appropriated for surveys of private land
claims during the year—
In Arizona----------------------------------------------------------------- $8,000
In New Mexico
In California
TOTAL APPROPRIATIONS AND PRIVATE DEPOSITS FOR THE YEAR 1883.
(FOR 1883, SEE PAGES 570 AND 573.)
Total Congressional appropriations for the year to June 30, 1883... ----
Total deposits by persons or corporations for private surveys
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
CONGRESSIONAL APPROPRIATIONS FOR 1884.
$400,000 00
1, 162,935 58
1,562,935 58
By the act of Congress approved March 3, 1883, $425,000 was appropriated for the
survey of the public lands during the fiscal year ending June 30, 1884. This was not
used, nor was it available, until after June 30, 1883.
The area surveyed was 55,283,732.79, at a cost of $2,195.625.66, or about 4 cents per
*CI'63,
AREAS OF SURVEYS FOR 1883.
(SEE PAGE 570.)
The extent of surveys during the year ending June 30, 1883, payable out of Con-
gressional appropriations, and individual deposits for surveys of public lands, under
section 2401 Revised Statutes, as reported, was as follows:
º º Private land Indian
Land States and Territories. Public lands. claims. lands
Alcres. Alcres Acres
izona ---------------------------------------------------- 2, 640, 505.09 ||--------------|-----------.
California -------------------------------------------------- 3, 726, 176. 04 58, 238.75 --- - - - - - - -
Colorado --------------------------------------------------- 3,966, 773.79 |.............. 202, 410.45
Dakota.---------------------------------------------------- 4,067,982. 17 |-------------. 22, 540. 82
Florida----------------------------------------------------- 109,945.00 --------------|------------
Idaho ------------------------------------------------------ 152, 103.34 ||-----...- ... • - - - - - - - - - - - - - - -
Louisiana -------------------------------------------------- 392,237.50 750.72 |------------
innesota ------------------------------------------------- 589,482.42 |--------------|------------
Montana --------------------------------------------------- 1,265,695, 98 ||--------------|-----------.
Nebraska -------------------------------------------------- 1,146,800. 71 |--------------------------
Nevada ---------------------------------------------------- 5, 518, 559.02 ||--------------|------------
New Mexico ------------------------ sº e s is a sº e º ſº tº me a e º sº e º 'º me s sº us - 12, 847,969.93 588,244.51 |............
Oregon----------------------------------------------------- 2,492, 323. 50 ||--------------|------------
Utah ------------------------------------------------------- 671, 184. 94 ||-------------. 287, 147.76
Washington ----------------------------------------------- 755,842.02 ||--------------|-----------.
Wyoming-------------------------------------------------- 13, 835, 818.83 --------------|------------
Total.------------------------------------------------ 54, 129,400. 28 642,233.98 || 512,098.53
SURVEYED AND UNSOLD LANDS.
(SEE PAGES 573 AND 528.)
The United States June 30, 1883, owned, in round numbers, 255,000,000 of acres of
surveyed lands which were unsold.
SURVEYED AND UNSURVEYED LANDS TO JUNE 30, 1883.
1241.
SURVEYED AND UNSURVEYED LANDS TO JUNE 30, 1883.
(SEE PAGEs 16, 17, 189, AND 574.)
The total area of public lands (from the beginning of the land system) surveyed
to June 30, 1883, was 886,367,361 acres. The total area of public lands remaining
unsurveyed to June 30, 1883, was 928,462,577 acres. -
Tabular statement showing the number of acres of public lands 8wrveyed in the following
land States and Territories up to June 30, 1882, during the present fiscal year, and the
total of the public lands surveyed up to June 30, 1883; also the total area of the public
domain remaining unsurveyed within the 8ame.


Area of public lands É #'É'É
in States and Ter- Number of acres of public lands surveyed. ; 5,3,
ritories. '#5 3 #
º bſ + 5
© ºf GD ! H ..." º
s |#####| | #3 || 3 |#####
Land States and 3 ãº; #5 flºº # ## 93%
and States an a; * 33 g : * 37: § F; ####s
Territories. Q c 9 @ 33 tº º $2 & do HS s— $2.É'Sãº
‘ā cº) § 3.5 3.5 § 2 : cºs S º'S Q
Q #Tºº #5 33 #####
wº g 5 5'33"; ~i 5 sº p." § 5 rºHo
QP CE Ho ; : Riº Tºž §§ 80 ; 35 ºrc
£4 c $4 $4 CO 3 *.E. § 0.3
© sº 3 3.34s 3.5- C - , r3 ": 3 à #3
º tº = |######| ### # |#####"
E 5 5 |E -- ~~~ | E- H 8-|
Alabama...... --. 32,462, 115; 50, 722; 32,462, 115|- - - - - - - - - - - - - |....... -----. 32,462, 115- - - - - - - - - - - -
Arkansas -------. 33,410,063 52, 203 33,410, 063|- - - - - - - - - - - - - - - - - - - - - - - - - - 33,410,063. . . . . . . . . . . .
California ---. ---. 100, 992, 640 157,801, 60,497, 543| 2,853, 673.74 872, 502. 30 64, 223, 7 }} 36,768,921
Colorado - - - gº & “e º - - 66,880, 000 104, 500 47,252, 560a2,798, 259.75 1, 370, 924. 49, 51,421, 744 15,458, 256.
#:::::::::::: ; :::::::::::::::...º.º.º.º.º. §§ Tºº
indiana .......... ###| §§ 300 31,637,760............. [.............] 31,637,760.........I.
Iowa. ...----------. 35,228, 800 55, 045, 35, 228,800 -------------|------------. 35, 228, 800---...--...-..
Ransas. ---------. 51,770,240, 80,891 51,770,240. -- . . . . . . . . . . . . . . . . . - - - - tº as 51, 770, 240. -- . . . . . . . . .
Louisiana ........ 26,461,440, 41, 346 25, 946, 111 93, 464. 09. 298,773. 41' 26, 338,349 123,091
Michigan -------. 33,123,539 & 45]] }}}}} &#9|---...-:::-s:-------…-: 36, 128,640|......... --.
#. - e º ºs - - - - § 459, § 83, 531 40, § § 480, 101.20 59, 381.22 # 175, ; 12, 284, 576.
ississippi... ---- 0, 179, 840, 47, 156 30, 179, 840 - - - - - - - - - - - - -] ... --- - - - - - - - 0, 179, 840|..... -- 3 - º - alº
#:Pp: Ai. 336,331 65,370 41.836, §31|........I.I.I.I.I.I.I.I. 41, 836, 931|- - - - - - - - - - - -
Nebraska ---...--. 48,636, 800, 75,995 43,983,119 998,490. 10 , 148,310.61|45, 129,920, 3, 506,880
Sºlº wn - * * * * * * * * # #. § *; § ; ; ; 2,492,759.84 3,025,799. 18 § # # 43, 619, 353.
0 - - - - - - - - - - - - - 1 * ~--> ; V | < || 4-75 vol.; V - V - - - - - - - - - - - - - - - - - - - - - - - - - - ; vºw-º-; * * v - - - - - - - - - - - -
Oregon ----------- 60,975, 360 95, 274 31, 156,019, 2, 492, 323. 50|.......... --. 33,648, 342 27, 327,018
Wisconsin ....... 34, 511, 360 53, 924 34, 511, 860]. --....... --. ------------- 34, 511, 360|- - - - - - - - - - - -
Alaska ----------. 369, 529, 600 577, 390|- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 369, 529, 600.
Arizona ---------. 72,906, 240 113, 916 6,441, 790; 774, 489. 33 1,866,015. 76 9,082, 295 63, 823, 945
Fº * - - - - - - - - - - 96, ; 480 150, ; *} # # 1, 008, 819. ; b3,081,702. 54 * # ; % ; §
ah9 - - - - - - - - - - - - 55, 228, 160, 86, 294 8, 116, 152, 103. 34|------------- , 268,611 3.
Indian Territory. 40, 481,600 63, 253 27, 003, 990 ...... - ...... ... . . . . . . . . . . 27, 003, 990 13, 37. 610
Montana ---... ... 92,016, 640 143,776. 11,978,622 348,012. 03 917,683.95] 13, 244, 318 78,772,322
New Mexico - - - - - 77, 568,640; 121, 201] 23, 510,710 4,486,229.26, 8,361, 740.67| 36,358,680 41,209,960
Utah. ...----------. 54,064, 640 84,476. 10,486,953 c567, 584.65 390, 748.05 11,445,286 42,619, 354
Washington * * - - - - 44, 796, 160 69,994| 17, 757,033 733,955. 83 21, 886. 19 18, 512, 875 26, 283,285.
Wyoming - - - - - - -. 62, 645, 120. 97,883. 15,463,243,12,619, 207. 80) 1, 216, 611. 03] 29, 299, 062. 33,346,058
Public land scrip. 3, 672, 640 5, 788-----------|-------------|-------------|----------- 3, 672, 640
Total...----- 831,725,86332, 951, 063. 5521,690,435.26,886, 367, 361| 928,426,577

1, 814, 793, º, 835, 615
a Of the surveys in Colorado, 202,410.45 acres are of Southern Ute lands, surveyed into 40-acre tracts.
for allotments to the Southern Ute Indians under act of June 15, 1880, and not heretofore reported.
b Of the surveys in Dakota, 22,540.32 acres were of the old Sioux Indian reservation west of Big Stone.
Lake. This reservation was resurveyed, and the area by resurvey was reported as 137,648 acres, an
increase of 22,540.32 acres over the area reported by the original survey.
c Of the surveys in Utah, 287,
veyed into 46-acre tracts for allotments to the White River Utes, under contract of D. G. Major,
February 23, 1882, and act of June 15, 1880.
ey
147.76 acres were of lands within the Uintah Indian reservation, sur-
dated
1242 SURVEYs UNDER PRIVATE DEPoSIT systEM, JUNE 30, 1883.
ENORMOUS AREA AND EXTENT OF SURVEYS UNDER THE PRIVATE DE.
POSIT SYSTEM.
(SEE PAGE 570.)
During the fiscal year 1882, $2,013,270.77 was deposited by individuals and corpora-
tions for surveys. (See page 570 for table). During the fiscal year 1883, $1,162,935.58
was deposited for the same purpose, as follows:
DEPOSITS FOR PRIVATE SURVEYS OF PUBLIC LANDS TO JUNE 30, 1883.
- - (SEE PAGE 570.)
Statement showing the amount deposited by individuals and corporations for field and office
work on account of the 8wrvey of public lands in the 8everal surveying districts during the
fiscal year ending June 30, 1883.
Office work.
Districts. IField work. Aggregate.
Agricultural. Mineral. Total.
Arizona ----------------- * * * g º gº º $105,720 65 $8,180 00 $4,840 00 || $13,020 00 $118, 740 65
California --------------------- 236,449 64 25, 195 57 6,386 00 31, 581 57 268,031 21
Colorado ---------------------- 52, 504 87 4, 247 61 45,672 50 49, 920 11 102,424 98
Dakota.------------------------ 53,959 00 4,960 00 1,080 00 6,040 00 59,999 00
Florida. ----------------------- 602 50 8000 -------------- 80 00 682 50
Idaho ------------------------. 6, 674 00 1, 200 00 4, 130 00 5, 330 00 12,004 00
Louisiana --------------------- 750 00 5000 -------------- 50 00 800 00
innesota -------------------. 3, 503 42 392 00 ------...--...---- 392 00 3,895 42
Montana ---------------------- 21,033 48 1,360 00 3,045 00 4,405 00 25, 438 48
Nebraska --------------------- 9,893 37 381 01 |.--------...--. 381 01 10, 274 38
Nevada ----------------------. 120,561 01 9, 550 00 1,600 00 11, 150 00 131,711 01
New Mexico ------------------ 255,737 13 17, 610 00 3,755 00 21, 365 00 277, 102 13
Oregon ------------------------ 50,022 19 5, 246 00 100 00 5,346 00 55, 368 19
Utah -------------------------- 12,068 19 1,825 00 5,322 00 7, 147 00 19, 215 19
Washington.-------...--------. 9,089 00 1,215 00 170 00 1,385 00 10, 474 00
Wyoming --------------------. 63,484 44 3, 290 00 ||-------------- 3, 290 00 66,774 44
Total.------------------- 1,002, 052 89 84,782 19 76, 100 50 160, 882 69 1, 162, 935 58

OFFICIAL RECOMMENDATIONS.
(SEE ALSO PAGES 184, 185, 569 to 573.)
Mr. Commissioner McFarland, in his official report for 1881, says of this law:
surveys UNDER SECs. 2401–2–3, REVISED STATUTEs.
The vastly increased area of the public-land surveys during the past fiscal year, as
eompared with that of previous years, is due to the facilities afforded to individual
depositors under the provisions of the act of Congress approved March 3, 1879, amend-
ing section 2403 of the Revised Statutes so as to allow the assignment of certificates
of deposit by indorsement, and making them receivable in payment for any public
º: of the United States entered by settlers under the pre-emption and homestead
à, WS.
The aggregate of deposits by individuals applying for surveys and declaring them-
selves, under oath, to be bona fide settlers amounted during the year to $1,874,523.68,
thus exceeding the Congressional appropriation ($300,000) in the ratio of six to one.
Very extensive tracts of inarable lands, devoid of timber sufficient even to supply
posts for marking the corners of the public surveys, have been surveyed, and the topo-
graphical features, when delineated on township plats from the field notes of deputy
surveyors, fail, in a majority of cases, to show any evidence of settlement.
Fraudulent affidavits have undoubtedly been obtained by deputy surveyors for the
purpose of securing as many and as large contracts as possible. Hundreds of said
contracts were entered into, averaging say thirty to each surveying district, and
returns of survey thereunder were duly made to the surveyors-general who, havi
no means of inspecting the work, were constrained to accept it whenever it appear
from the intrinsic evidence of the returns that the surveys had been properly executed,
and without any other evidence whatever, while, if the survey is not properly made
CIRCULAR RELATIVE TO PRIVATE DEPOSIT SURVEYS. 1243
and the corners duly established, a resurvey will be necessary at a future day should
a demand for the lands arise, and thereby confusion would result and property rights
be imperiled.
It may here be stated that the unusual estimate of $50,000 for examination of sur-
veys in the field was made with a view to the possible continuance of the present law,
and the possible want of authority to pay the expense of a thorough inspection to test
the integrity of such surveys from any other source.
CIRCULAR INSTRUCTIONS RELATIVE TO DEPOSITS BY INDIVIDUALS FOR
THE SURVEY OF PUBLIC LANDS.
GENERAL LAND OFFICE, SEPTEMBER 15, 1883.
(Supersedes circular of March 5, 1880, and all amendatory instructions. See pages
569 to 573.)
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., September 15, 1883.
To Surveyors-General, Registers, and Receivers:
GENTLEMEN: The circular of this office dated March 5, 1880, relative to surveys un
der the provisions of section 2401, Revised Statutes of the United States, and the
acceptance by receivers of public moneys of certificates issued for deposits made under
the provisions of said section, is hereby revoked, and the following substituted there-
for :
1. The provisions of law governing such surveys and the issue and application of
certificates of deposit on account thereof, are sections 2401, 2402, and section 2403 as
amended by the acts of March 3, 1879, and August 7, 1882.
SECTION 2401. “When the settlers in any township, not mineral or reserved by
Government, desire a survey made of the same under the authority of the surveyors
general, and file an application therefor in writing, and deposit in a proper United
States depository, to the credit of the United States, a sum sufficient to pay for such
survey, together with all expenses incident thereto, without cost or claim for indem-
nity on the United States, it may be lawful for the surveyor-general, under such in-
structions as may be given him by the Commissioner of the General Land Office, and
in accordance with law, to survey such township and make return thereof to the
general and proper local land office, provided the township so proposed to be sur-
veyed is within the range of the regular progress of the public surveys embraced by
existing standard lines or bases for the township and subdivisional surveys.”
SEC. 2402. “The deposit of money in a proper United States depository, under the
provisions of the preceding section, shall be deemed an appropriation of the sum so
deposited for the objects contemplated by that section, and the Secretary of the Treas-
ury is authorized to cause the sums so deposited to be placed to the credit of the
proper appropriations for the surveying service; but any excesses over and above the
actual cost of the surveys, comprising all expenses incident thereto for which they
were severally deposited, shall be repaid to the depositors respectively.”
SEC. 2403. (As amended by act of March 3, 1879.), “Where settlers make deposits
in accordance with the provisions of section twenty-four hundred and one, the amount
so deposited shall go in part payment for their lands situated in the townships, the
surveying of which is paid for out of such deposits; or the certificates issued for such
deposits may be assigned by indorsement and be received in payment for any public
lands of the United States entered by settlers under the pre-emption and homestead
laws of the United States, and not otherwise.”
The act of August 7, 1882, making appropriations for sundry civil expenses of the
Government for the fiscal year ending June 30, 1883, provides as follows:
“That no certificate issued for a deposit of money for the survey of lands under
section 2403 of the Revised Statutes, and the act of March third, eighteen hundred
and seventy-nine, amendatory thereof, shall be received in payments for lands except
at the land office in which the lands surveyed, for which the deposit was made, are
subject to entry, and not elsewhere; but this section shall not be held to impair,
prejudice, or affect in any manner certificates issued, or deposits and contracts made,
under the provisions of said act prior to the passage of this act.”
APPLICATION FOR SURVEYS.
2. Applications for surveys under section 2401 must be made in writing, in the form
prescribed by this office, dated January 20, 1882, and must designate as nearly as
1244 CIRCULAR RELATIVE TO PRIVATE DEPOSIT SURVEYS.
practicable the township to be surveyed, and state that the applicants are actual
boma fide settlers therein, that they are well acquainted with the character and con-
dition of the land included in said township, and that the same is not mineral or
reserved by Government. -
3. The mineral character of a township will be determined from the character of
the greater portion of the land. Where it is not known that the greater portion of
the land of a township is mineral, such township will be deemed surveyable under
the provisions of section 2401. In such case the application will state the fact that
the greater portion of the land is not mineral.
4. Every application for a survey must be accompanied by affidavits corroborating
in full the statements made in the application.
5. The applications and affidavits, certified by the surveyor-general of the district
within which such lands are situated, must be transmitted to this office with the
contract entered into for the survey thereof.
6. Where the partial survey of a township becomes necessary on account of natural
obstructions to a complete subdivision of the same, or of previous partial surveys, or
for other good and sufficient reason, and it is impracticable to proceed regularly from
a connection with the established southeast corner of the township, the survey must
be connected with the nearest and most accessible established corner of existing sur-
veys, and the lines must be properly run, measured, and marked from that point, so
as to represent accurately and correctly the sections and subdivisions embraced in
the surveys under execution. In such case the connecting corner should be fully
identified and described in the manner required by law and instructions, and a full
explanation should be given in the field notes of the deputy, showing the reasons for
its adoption as the corner from which additional surveys are initiated.
7. Where one or more settlers on public lands make application as aforesaid for the
survey of a particular township at his or their expense, the surveyor-general shall
furnish the applicant or applicants two separate estimates, one being for the cost of
the subdivisional survey of the surveyable portion of the entire township, and the
other to cover all the expenses incident thereto. The surveyor-general will take the
precaution to estimate adequate sums in order to prevent deficiencies in the cost of
the service.
7. Surveyors-general will not under any circumstances accept, for the purpose of
making the deposit moneys from applicants for surveys, either mineral or agricultural,
but will instruct the applicants to deposit the estimated cost of the survey desired in
i. United States depository in the surveying district within which the lands are
ocated.
Should there be no depository within the district, the deposits should he made
with the nearest United States assistant treasurer, or other depositary. Applicants
must be instructed fully as to the necessity of transmitting the original certificate to
the Secretary of the Treasury, the duplicate to the surveyor-general, and the retention
of the triplicate.
9. The surveyors-general shall exercise the most searching scrutiny into the state-
ments of applicants for survey, to satisfy themselves of the truth thereof, and unless
found to be bona fide in every respect they shall not accept such applications nor fur-
nish the estimates requested.
10. Believing that in a great many instances applications for survey, particularly
in sections of country unfit for settlement, have been procured or invited at the in-
stance of deputy surveyors seeking contracts, you are instructed that such proceed-
ings on the part of deputy surveyors are unlawful, and that contracts thus unlawfully
procured will not be recognized as valid. The surveyor-general must minutely ex-
amine into all applications for surveys under the deposit system. If he is satisfied
that the deputy has acted in the manner described, the commission of such deputy
shall be forthwith revoked, and the surveyor-general shall report all the facts, with
the findings in the case, to this office. Upon approval thereof, such deputy shall be
deemed unfit to exercise the functions of a deputy surveyor, and the approval of a
finding against a deputy will be communicated by this office to each surveyor-general
for his information and guidance; and any surveyor-general who shall fail to report
such deputy, or who shall employ any deputy so barred, will be open to charges to
}. preferred by the Commissioner of the General Land Office to the Secretary of the
Inter101'.
11. Surveyors-general are required to exercise the utmost care and vigilance to pre-
vent frauds and irregularities of any kind regarding surveys under the system of
deposits by individuals, as also of Surveys made under any other appropriation of
moneys by Congress, whether general or special, and they will report each and every
fact that may come to their knowledge of any attempted fraud, by whomsoever made,
with all obtainable particulars, to this office for consideration and action.
12. The plats and field notes of surveys under the systein of deposits by individuals,
as returned to this office, do not usually show the settlements and improvements of
the settlers at whose instance the surveys are ostensibly made. In a majority of in-
CIRCULAR RELATIVE TO PRIVATE DEPOSIT SURVEYS. 1245
stances the location of the settler, whether bona fide or otherwise, is entirely omitted,
while the improvements, if any, are never noted. In order, therefore, to still further
check the abuses and dishonest practices to which this system of surveys has become
subject, the attention of surveyors-general and deputy surveyors is specially directed
to the requirements of pages 43 and 44 of the Instructions of the Commissioner of the
General Land Office, dated May 3, 1881. The requirements therein contained must
be strictly adhered to, and surveyors-general are required and enjoined to see to it
that their deputies comply there with.
13. Surveyors-general are directed to instruct their deputies that they must desig-
nate in the field notes and plats of their surveys the location of each and every set-
tlement within a township surveyed under the deposit system, whether it be perma-
nent in character or not, together with the names of such settlers and their improve-
ments, if any. Cattle corrals are not considered as constituting improvements.
14. When no settlers are found within a township surveyed under the system of
individual deposits, the field notes of Survey must distinctly and unequivocally state
that fact, and any omission so to describe and designate the settlements and their
surrounding improvements, or the absence of one or both in the field notes and plat,
will be deemed a sufficient cause to infer fraud, and the accounts of the deputy will
be suspended until such omission shall have been supplied to both plat and field notes.
A suspension of the commission of the deputy will in the meantime take place, and
all the facts will be reported to this office for consideration and action.
15. Surveyors-general are directed to make known to their several deputies the
provisions and nature of this order, and will be beld strictly accountable for its faith-
ful execution. Ignorance of the terms of this order will not be held an excuse for
failure to comply there with by deputies.
16. This order will be observed by deputies now in the field, and surveyors-general
are directed to so inform them with the least practicable delay. -
17. Surveyors-general are reminded of the important trust confided to them, and
are instructed to exercise their whole authority to secure correct and honest surveys
and returns by their deputies. -
18. This order will take effect from and after the receipt of the same, and its receipt
will be immediately acknowledged by each surveyor-general.
19. In every case of a contract heretofore approved, which the surveyor-general has
reason to believe was fraudulently procured, such contract, and the accounts there-
under, must be immediately suspended and the facts reported to this office.
DEPOSITS.
20. Settlers availing themselves of the foregoing provisions will deposit with an .
assistant treasurer or in a designated depository of the United States, to the credit of
the Treasurer of the United States on account of surveying the public lands and ex-
penses incident thereto, in the district in which their claims are situated, the sum so
estimated as the total cost of the survey, including field and office work.
21. Where several settlers desire the survey of the same township, the necessary
deposit, to cover all expenses of the survey and platting, may be so subdivided as to
be proportionate to the amount of lands within the township claimed by each settler.
22. In cases where the estimated cost of survey and incidental expenses is in excess
of $200, the settler should be instructed to deposit in two or more sums in order that
no certificate may bear a face value of more than $200.
23. Settlers making deposits for surveys are required to transmit the original certi-
ficate of deposit to the Secretary of the Treasury and the duplicate to the surveyor-
general. They will retain the triplicate, to be used in the purchase of public lands in
i. surveyed township if desired, or to be disposed of by assignment as provided by
3.W.
24. The triplicates only, therefore, are to be received in the purchase, under the
pre-emption and homestead laws, of lands within the limits of the land district in
which the lands desired to be surveyed are situated. This restriction applies to all
certificates issued on or after August 7, 1882, except as hereinafter provided.
All certificates issued prior to that date are receivable for any public lands entered
under the pre-emption and homestead laws, without reference to the location of the
lands surveyed.
25. Certificates issued for deposits made subsequently to and including August 7,
1882, to cover excesses of cost of surveys executed under contracts entered into prior
to the passage of the act of August 7, 1882, are not affected by the clause in said act
restricting the use of certificates of deposit on account of surveys to the land districts
within which such surveys are located.
26. Surveyors-general will, however, require all depositors in such cases to transmit
to this office the triplicate certificates through their offices for certification, specify-
ing in their letters of transmittal the name of deputy surveyor and number and date
•of contract.
1246 CIRCULAR RELATIVE TO PRIVATE DEPOSIT surveys.
27. Where the amount of a certificate or certificates is less than the value of the
lands taken, the balance must be paid in cash.
28. Where the certificate is for an amount greater than the cost of the land, but is
Surrendered in full payment for such land, the receiver will indorse on the triplica e
certificate the amount for which it is received, and will charge the United States
with that amount only. -
EXCESS REPAYMENTS.
29. Where the amount of the deposit is greater than the cost of the survey, in-
cluding field and office work, the excess is repayable upon an account to be stated by
the surveyor-general.
30. The surveyor-general will in all cases be careful to express upon the register's
township plat the amount deposited by each individual, the cost of survey in the
field and office work, and the amount to be refunded in each case.
31. Before transmitting accounts for refunding the excess of deposits over and
above the cost of surveys in the field and office work, the surveyor-general will in-
dorse on the back of the triplicate certificate of deposit in possession of the depositor
the following: “$ refunded to , by account transmitted to the
Generalland Office with letter dated,” and will state in the account that he has
made such indorsement. Where the whole amount deposited is to be refunded, the
surveyor-general will require the depositor to surrender the triplicate certificate of
deposit, and will transmit it to this office with the account.
32. No provision of law exists for refunding to other than the depositor, nor other-
wise than as referred to in the preceding sections.
*
ASSIGNMENTS,
33. Under section 2403 as amended, certificates of deposits for surveys “may be
assigned by indorsement.” Assignments of such certificates are therefore not re-
quired to be acknowledged before an officer authorized to take acknowledgments,
but the same will be recognized when made and presented in accordance with usages
governing in cases of ordinary Inegotiable paper.
34. Certificates issued before or subsequent to March 3, 1879, may be assigned, but
if issued prior to March 10, 1881, they must be transmitted to the General Land
Office for an examination as to excess repayments, if any, and for certification as to
their genuineness and value, if they do not already bear such certificates, before they
can be accepted by the receiver, who will be governed by the certificate indorsed
on or attached to them by this office.
35. Fraudulent certificates of deposit, purporting to have been issued at various
United States depositories, having been put upon the market, rendering it possible
for innocent parties to be defrauded in their purchase, you will cause the people in
your respective districts to be advised of the possibility of such fraudulent issues, and
request that all holders of certificates of deposit send them to this office for the pur-
pose of examination and verification; said certificates to be returned to them without
delay, with the certificate of this office as to their genuineness attached.
You are directed to post a copy of this circular in your office, and to take such other
steps as you may deem necessary to disseminate the information without incurring
the expense of publication in newspapers.
Assignments may be made to one or more persons, and when there are several orig-
inal parties to, or several assignees of, one certificate, whether the same was issued
on account of joint deposits or otherwise, and such certificate is presented in payment
for lands to which it is authorized to be applied, the register and receiver will make
the proper indorsement on the triplicate certificate presented showing the satisfaction
of the pro rata share of each party interested. They will make the same notes respect-
ively on the register's certificate of purchase and the receiver's original and duplicate
receipts.
36. When the entire amount of a certificate is not satisfied at the same time, the
triplicate should be retained by the receiver, and when fully satisfied be sent up as
hereafter prescribed. But such certificates should as far as practicable be satisfied
during the current quarter; and in order to avoid embarrassment in the settlement of
receivers' accounts, and to enable depositors to more readily utilize their certificates,
attention should be particularly directed to the instructions contained in section 21 of
this circular.
37. The statute specifically provides that certificates when assigned may “be re-
ceived in payment for any public lands of the United States entered by settlers under
the pre-emption and homestead laws of the United States, and not otherwise.” They are
therefore not receivable in payment for lands sold at public or private sale, nor for
mineral, desert, coal, or timber lands, nor for fees and commissions on homestead en-
tries, nor in any manner otherwise than as provided by law.
PRE-EMPTION AND CASH ENTRIES, 1883. 1247
REGISTERS" AND RECEIVERS’ RETURNS.
38. In their monthly cash abstracts the register and receiver will designate the en-
tries in which certificates of deposit are used and the balances paid in cash, if any,
noting on the certificates of purchase and receipts the manner of payment. The
receiver in his monthly account-current will debit the United States with the amount
of such certificates, and in his quarterly accounts will specify each entry made with
these certificates, giving number, date, amount for which received, by whom and with
whom the deposit was made, and debit the United States with the same.
39. After certificates are accepted they should be canceled by writing across the face
of each the word “canceled,” together with a description of the tract of land sold,
date of sale, name of office, and number of entry over the signature of the receiver.
40. All certificates, whether transmitted for examination or as having been accepted
in payment for lands sold, must be forwarded in a registered package (the latter once
a month), with letter of transmittal, direct to the Commissioner of the General Land
Office, and by the same mail an abstract (Form 4-543) should be transmitted to the
same address containing a full description of each certificate inclosed in the registered
package (which is to contain no other matter), as follows: Number of certificate, date,
assistant treasurer or depositary issuing the same, name of depository and amount de-
posited (stating whether for field or office work, or both), and description of survey
for which deposit is made.
N. C. McFARLAND,
Commissioner.
DEPARTMENT OF THE INTERIOR, September 19, 1883.
Approved.
H. M. TELLER, Secretary.
THE PRE-EMPTION ACTS, CASH ENTRIES THEREUNDER, AND WITAL
AMENDMENTS NECESSARY TO EXISTING SETTLEMENT LAWS.
(See Chapter X, pages 214 to 216, inclusive, to June 30, 1880. See addenda, pages 678
to 695, to June 30, 1882.)
The regulations and forms of entry on pages 683 to 695 are in effect and correct to De-
cember 1, 1883.
REPEAL OF TEIE PRE-EMEPTION ACTS.
In recommendation as to the repeal of these laws, see pages 678 to 685 and 1163.
AREA ENTERED UNDER THE PRE-EMPTION ACTS.
No changes have been made in the pre-emption acts since June 30, 1880.
The number of entries thereunder cannot be given in detail, because the system of the
General Land Office carries them into “cash entries,” and they are, therefore, embraced
in the annual cash receipts from sales of lands under various laws.
It is estimated that the disposals of lands under the pre-emption acts, since the begin-
ning of the land system to June 30, 1883, have been about 175,000,000 of acres.
PRE-EMPTIONS DURING THE YEAR ENDING JUNE 30, 1883.
Eight thousand eight hundred and forty-five pre-emption entries were approved for
patent in ea parte cases, and 741 contested cases were decided, the whole involving
1,500,000 acres.
Eleven thousand nine hundred and twelve new cases were received for action. The
number of cases undecided June 20, 1883, was 12,542, an increase of the number in
arrear of 2,370
The number of pre-emption filings placed on record during the year was 47,933, which
at 160 acres each would cover 7,669,280 acres.
CASH ENTRIES.
The area cash entries, including private cash entries, pre-emptions, and commuted
homesteads, during the fiscal year ending June 30, 1883, was 6,839,042.67 acres, real-
izing $9.657,032.28.
SALINE LANDS.
(See pages 217, 218, and 696, to June 30, 1880 and 1882.)
No change to June 30, 1883.
The official regulations on page 696, as to how saline lands are rendered subject to
disposal under the act of January 12, 1877, are in effect December 1, 1883.
1248 SWAMP AND OVERFLOWED LANDS, JUNE 30, 1883.
SWAMP AND OVERFLOWED LANDS.
TOTAL AREA OF SWAMP LANDS SELECTED TO JUNE 30, 1883.
(See Chapter XII, pages 219 to 222, inclusive, to June 30, 1880; also see addenda, pages
696 to 710, inclusive, to June 30, 1882.)
Total acres selected to June 30, 1883, 70,445,957.58 acres. During the year ending
June 30, 1883, the swamp land selections reported to the General Land Office for adjudi-
-cation aggregated 449,188.17 acres. -
TOTAL AREA OF SWAMP LANDS CERTIFIED OR PATENTED TO THE SEV-
SEVERAL STATES UP TO AND DURING THE YEAR TO JUNE 30, 1883.
Lists embracing 686,295.53 acres were approved, making a total of 56,455,467.56 acres
certified or patented to the several States. The unadjudicated claims still pending in the
General Land Office amount to 14,000,000 acres, the same as at the commencement of the
fiscal year.
REGULATIONS AND DECISIONS UNDER THE SWAMP-LAND LAWS.
To DECEMBER 1, 1883.
The official regulations and decisions under the swamp-land laws, given on pages 698
to 710, are in effect December 1, 1883.
SWAMP-LAND INDEMINITY.
(See pages 696 and 1166.)
Twenty-eight thousand four hundred and ninety-six acres were patented as indemnity
for swamp lands disposed of by the United States between the years 1850 and 1857, under
military warrant and Scrip locations, making a total of Swamp indemnity lands patented
to the several States of 504,812.99 acres. -
Cash indemnity claims were approved for payment to the amount of $90,333.38.
The act of March 2, 1855, extended to March 3, 1857, confirmed all swamp selections
previously made, whether or not properly so made, for lands intended to be granted, and
also provided indemnity in lands or money for tracts disposed of by the United States
subsequent to the swamp-land grant and prior to March 3, 1857, which should be found
to have been swampy in character at the date of the Swamp-land act.
(See pages 80–81 annual report Commissioner General Land Office, 1883, for details of
swamp-land division K of that office.)

Statement exhibiting the quantity of land selected for the several States under acts of Congress
approved March 2, 1849, September 28, 1850 (Revised Statutes of the United States, section
2479), and March 12, 1860 (Revised Statutes of the United States, 8ection 2490), up to and
ending June 30, 1883. -

State †. f . f First f sº f Year3. Total since
8. quarter of quarter of quarter of quarter of ing June
1882. 1882. 1883. is: “I Šºš date ofgrant.
Acres. Acres. Acres. Acres. Acres Acres.
-Alabama 479,514.44
Arkansas ...................--------|-----....................:::::::::---------xx-xx-l.:::::::::::::::::::::::::::::::::: 8,652,472.93
California 519.87 480.00 114,469.47 115,469.34 1,873,325.36
Florida................................l..................l..................l..................l..................l.................. 15,656,859.23
Illinois................................l..................l..................l..................l..................'.................. 3,437,661.29
Indiana s 1,354,732.50
Iowa 7, 534.72 3. 585.45 11, 120. 17 | 3,460,840.35
Louisiana (act of #. tº et tº º sº e s ſº 17,690. 52 4,399.71 22,090. 23 10,916,082.94
Louisiana (act of 1850) 554,084.24
Michigan. tº is * 7,273,844.72
Minnesota 48,483.36 | 12,407.06 19,563.28 119,091.86 || 199,545.56 || 4,109,887.49
Mississippi 95,429.65 95,429.65 3,166,074.94
*...* 5,533.22 5,533.22 4,724, § #
io 54,458.
“Oregon 174,205.92
"Wisconsin........ 4,567,123.87
Total 73,708.60 | 16,512.38 24,442.99 || 334,524.20 | 449,188.17 70,455,957.58
SWAMP AND OVERFLOWED LANDS, JUNE 30, 1883.
1249
Statement exhibiting the quantity of land approved to the several States under acts of Congress
approved March 2, 1849, September 28, 1850 (Revised Statutes of the United States, section
2479), and March 12, 1860 (Revised Statutes of the United States, section 2490), Tºp to and
ending June 30, 1883.

Third Fourth First Second | Year end- Total since
States. quarter of quarter of quarter of quarter of ing June | dºjº.ht
1882. 1882. 1883. 1883. 30, 1883. grant.
Acres. Acres Acres Acres Acres Acres.
Alabama ....................... '• • * e i s ss s a e s • * * * * * * * * * * 1 s e s e s s see e a e s a e s e e I e s se e s e e s s • a s - e s a e i s e e s e e s e a e s e e s e s a s 400,434.78
Arkansas 240.00 130.48 480.00 850. 4 7,639,794.89
California...... 519.87 480.00 114,469.47 115,469.34 1,739,293.68
Florida............................. 32,555.57 500.25 | 18,273.61 58,240.30 | 109,569.73 15,010,487.24
Illinois.......................... 114.42 1.................. 160.00 © 1,493,453.85
Indiana................................................................l...... 1,264,833. 13
Iowa................................. 94.89 |.................. 80.00 R20.00 294.89 925,588.19
Louisiana º: of 1849)...... 27,652.25 868.21 |..................! 81,972.75 110,493.21 8,528,685.36
Louisiana (act of 1850)......].................. 487.20 !............ 487.20 244,176.33
Michigan..........................l..................l.................. 158.95 |.................. 158.95 5,722,333.68
Minnesota...... 29,566.29 | 68,806.46 || 106,642.35 | 205,015.10 2,448,980.00
Mississippi.......................l..................l.................. 13,732.25 2,201.39 15,933.64 3,084,575.95
Missouri............................................. 27,864. 23 27,864.23 4,485,234.52
Ohio.................................l..................l..................l....................................l.................. 25,660.71
Oregon............................. 99,081.24 691.52 |.................. 99,772.76 ,594.
Wisconsin..........................................l.................. 111.58 .................. 111.58 3,316,340.90
Total....................... 159,623.95 || 59,920.47 102,464.85 364,286.26 | 686,295.53 56,455,467.56
Statement eachibiting the quantity of land patented to the several States under the acts of Con-
gress approved September 28, 1850 (Revised Statutes of the United States, section 2479), and
March 12, 1860 (Revised Statutes of the United States, section 2490), and also the quantity
certified to the State of Louisiana, under act approved March 2, 1849.


Third Fourth First Second Year end- Total since
States. quarter of quarter of quarter of quarter of ing. Juned.º.º.
1883. 1883. 30, 1883. grant.
Acres Acres. Acres Acres Acres Acres.
Alabama.............................l..................l.............'...l..................l..................l.................. 395,315.09
Arkansas * * * * * * | * g is is tº e s e º a a e º 'º - a e º e º e s e º e = e º e º e - - - - e I 3,344.15 396. 90 3,741.05 || 7, 134,507.37 -
California. ................... e e º 'º e º e º I e º 'º e º ſº a s 6 - e s e º e º a º 15,630.37 519.87 |.................. 16, 150.24 || 1,431,265.35
Florida.......................... ºne e s a s 32,555.57 500.25 |.................. 76,429.71 109,485.53 |*14,958,706.09
Illinois ............................... 40.00 269.02 .................. 160. 469.02 | #1,455,297.05
Indiana ..............................l.................. t1,257,588.41
Iowa................................... 94.89 97.00 |.................. 360.00 551.89 || 31, 176, 183.69
Louisiana §: of 1849)......... 27,652.25 868.21 |.................. 81,972.75 110,493.21 | 8,528,685.36
Louisiana (act of 1850).........l..................l..................l..................l......... 217,973.91
Michigan............................ 818.10 200.00 |.................. 158.95 1,177.05 || |5,660,995.04
Minnesota.......................... 1,349.31 6,965.87 22,600.42 9,343, 56 | 40,259.16 || 2,271,967.24
Mississippi............................................l..................l.................. 49,557.20 49.557.20 2,988,645.67
Missouri ............................. 1,881. 10 11. 62 1,083.77 27,864. 23 30,840.72 || ||3,370,840.02
Ohio.......... - - - 25,640.
Oregon.................... 943, 39 1,440.00 |.................. 691. 52 3,074.91 27,685. 10
Wisconsin. 27,080.01 27,080.01 |**3,265,741.70
Total 65,334.61 25,982.34 54,628.22 || 246,934.82 || 392,879.99 || 54,167,037.80
103,198.55 acres have been deducted from the total amount patented to the State of Mississippi, that
amount having been erroneously reported as patented to the State in 1861.
*50,299.39 acres of this contained in indemnity patents under act of March 2, 1855.
2,309.07 acres of this contained in indemnity patents under act of March 2, 1855.
4,880.20 acres of this contained in indemnity patents under act of March 2, 1855.
321,565.23 acres of this contained in indemnity patents under act of March 2, 1855.
18,983.93 acres of this contained in indemnity patents under act of March 2, 1855.
44,784.41 acres of this contained in indemnity patents under act of March 2, 1855.
**61,990.76 acres of this contained in indemnity patents under act of March 2,1855.
EDUCATIONAL LAND GRANTS BY THE UNITED STATES TO PUBLIC-LAND AND OTHER
STATES.
(See chapter XIII, pages 223 to 231, to June 30, 1880; also see pages 710 to 711, to June
30, 1882.)
To JUNE 30, 1883.
The regulations and forms on pages 710 to 711 herein, as well as the historical data on
pages 223 to 231, are in use and is correct to December 1, 1883.
79 L O—WOL 111
4.
º
1250 LAND GRANTS FOR EDUCATIONAL PURPOSES, JUNE 30, 1883.
LAND GRANTS AND RESERVATIONS FOR EDUCATIONAL PURPOSES.
To JUNE 30, 1883.
*
The statistics on page 223, and following, are correct to June 30, 1883, viz:
- Acres.
For public or common Schools----------------------------------------- 67, 893, 919
For agricultural and mechanical colleges ------------------------------- 9, 600,000
For seminaries or universities, to June 30, 1880-------------------------- 1, 165, 520
Add grants for university purposes to the Territories of Dakota, Montana,
Arizona, Idaho, and Wyoming--------------------------------------- 230, 400
In all, a grand total to June 30, 1883 ---------------------------- 78,889, 839
The value, at the minimum price of $1.25 per acre, in round numbers, being $99,000,000;
but it may be safely estimated that these educational-grant lands have realized to the
States more than $250,000,000.
UNIVERSITY GRANTS TO DAKOTA, ARIZONA, IDAHO, AND WYOMING
TERRITORIES.
(See pages 226, 227, and 228.)
Two townships, of 23,040 acres each, six miles square, or 46,080 acres, were reserved by
the act of February 18, 1881, for a university in each of the Territories above named.
At $2.50 per acre this endowment is equal to $115,200. All existing Territories and
political divisions, save the District of Columbia, Indian Territory, and Alaska, now have
university grants.
The act was as follows:
“Be it enacted by the Senate and House of Representatives of the United States of Americain
Congress assembled, That there be, and are hereby, granted to the Territories of Dakota,
Montana, Arizona, Idaho, and Wyoming respectively, seventy-two entire sections of the
unappropriated public lands within each of said Territories, to be immediately selected
and withdrawn from sale and located under the direction of the Secretary of the Interior,
and with the approval of the President of the United States, for the use and support of
a university in each of said Territories when they shall be admitted as States into the
Union: Provided, That none of saidlands shall be sold except at public auction, and after
appraisement by a board of commissioners, to be appointed by the Secretary of the In-
terior: Provided further, That none of said lands shall be sold at less than the appraised
value, and in no case at less than two dollars and fifty cents per acre: Provided, That the
funds derived from the sale of said lands shall be invested in the bonds of the United
States and deposited with the Treasurer of the United States; that no more than one-
tenth of said lands shall be offered for sale in anyone year; that the money derived from
the sale of said lands, invested and deposited as hereinbefore set forth, shall constitute a
university fund; that no part of said fund shall be expended for university buildings, or
the salary of professors or teachers, until the same shall amount to fifty thousand dollars,
and then only shall the interest on said fund be used for either of the foregoing purposes
until the said fund shall amount to one hundred thousand dollars, when any excess, and
the interest thereof, may be used for the proper establishment and support respectively
of Said universities.”
LAND BOUNTIES FOR MILITARY AND NAVAIL SERVICES.
- $ -
(See chapter XIV, pages 232 to 237, to June § 1880; also see pages 711, 721, to June
30, 1882.
To JUNE 30, 1883.
The official rules, regulations, and forms and procedure for location and assignment of
bounty-land warrants on pages 712 to 721 herein are in effect December 1, 1883.
For official rules, regulations, and forms as to Revolutionary bounty land see pages
958 to 962 herein; also, for details of business of the recorder division B of the General
Land Office for 1883, see annual report of Commissioner of General Land Office for 1883,
pages 39, 40, 41. -
The outstanding warrants under all laws to June 30, 1883, were 13,955, embracing
1,768,580 acres.
MILITARY AND NAVAL LAND BOUNTIES TO JUNE 30, 1883. 1251
*
AREA OF GRANTS FOR MILITARY AND NAVAL LAND BOUNTIES.
To JUNE 30, 1883.
The grants for military and naval land bounties from the origin of these laws to June
30, 1883, amount to 61,064,150 acres, as follows:
Condition of bounty-land business under acts of 1847, 1850, 1852, and 1855, showing the issues
and locations from the commencement of operations under said acts to June 30, 1883.

Acres Acres Number Acres
Grade of warrants. *...* embraced . embraced outstand- embraced
ſº thereby. * thereby. ing. thereby.
Act of 1847:
160 acres........................... 80,669 || 12,907,040 79,033 || 12,645,280 1,636 261,760
40 acres........................... 7, 583 303,320 7,073 282,920 510 20, 400
Total............................. 88,252 | 13,210,360 86, 106 | 12,928, 200 2,146 282, 160
Act of 1850: -
160 acres............ 27,439 4,390,240 26,825 || 4,292,000 614 98,240
80 acres........................... 57,712 || 4,616,960 56,272 || 4,501, 760 1,440 115, 200
40 acres........................... 103,970 4,158,800 100,654 4,026, 160 3,316 132,640
Total............................. 189,121 I3, 166,000 183,751 | 12,819,920 5,370 346,080
Act of 1852:
160 acres 1,222 195,520 1, 194 191,040 28 4,480 .
80 acres 1,698 135,840 1,662 132,960 36 2,880
40 acres........................... 9,066 362,640 8,878 355, 120 188 7,520
Total............................. 11,986 694,000 11,734 679,120 252 14,880
Act of 1855: - *s
160 acres........................... 114,720 | 18,355,200 109,220 17,475, 200 5,500 880,000
120 acres........................... 96,996 || 11,639,520 90,590 10,870,800 6,406 768,720
100 acres........................... 6 600 5 500 1 1:00
80 acres........................... 49,441 3,955,280 48,018 3,841,440 1,423 113,840
60 acres 359 21,540 310 18,600 49 2,940
40 acres........................... 540 21,600 466 18,640 74 2,960
10 acres........................... 5 50 3 30 2
Total........ .................... 262,067 || 33,993,790 248,612 || 32,225,210 13,455 1,768,580
SUMIMARY.
Act of 1847.............................. 88,252 13,210,360 86,106 || 12,928,200 2,146 282,160
Act of 1850.............................. 189,121 | 13,166,000 183,751 | 12,819,920 5,370 346,080
Act of 1852.............................. 11,986 694, 11,734 679,120 252 14,880
Act of 1855.............................. 262,067 || 33,993,790 248,612 || 32,225,210 13,455 1,768,580
Total............................. 551,426 61,064,150 530,203 °58,652,450 21,223 2,411,700

*While this aggregate does not show the exact area located, it exhibits the extent to which the war-
rants have been satisfied at $1.25 per acre.
TWO, THREE, AND FIVE PER CENT. FUNDs.
(See chapter XV, pages 238, 239, to June 30, 1880; see addenda to chapter XV, pages
721 to 727, to June 30, 1882.)
To JUNE 30, 1883.
No accounts adjusted for any amounts accruing later than June 30, 1882. See page
721.
INDIAN RESERVATIONS FROM THE PUBLIC DOMAIN.
(See chapter XVI, pages 240 to 248 inclusive, to June 30, 1880; see addenda 727 to
-- 753, to June 30, 1882.)
For list of agencies and agents to September 13, 1883, see pages 744 to 747.
To JUNE 20, 1883.
The details of making and unmaking Indian reservations, and the historical and legal
data, pages 241 to 244, is correct to December 1, 1883.
1252
INDIAN RESERVATIONS, JUNE 30, 1883.
NUMBER AND LOCATION OF RESERVATIONs.
The total number of Indian reservations in the United States, June 30, 1883, was
137, containing 135,998,10
529 acres to each Indian.
REFERENCES.
1 acres, with an estimated population of 259,632, or about
For decisions as to Indians and Indian reservations see “Decisions of the Depart-
ment of the Intérior and the General Land Office,” to June, 1883. Titles: “Indians, In-
dian Lands, Indian Reservations, Indian women, and Indian titles.”
For data as to names of and location of Indian reservations, and population, agents,
and agencies, laws or orders creating, see pages 728 to 747.
see facing page 727. This map is, in fact, correct to December 1, 1883.
For map of reservations
It is dated
June 30, 1882. A reference to the text in this chapter will show any changes.
For number, location, and area of Indian reservations to June 30, 1880, see page 244
and to June 30, 1882, see page 727.
Indian reservations, October 10, 1883; a
CHANGES IN, REDUCTIONS IN, OR CREATION OF NEW RESERVATIONS.
To JUNE 30, 1883.
dditions and corrections of tables on pages 728

to 739.
J Increase g
# sº* | Name of reservation. #. .. D e. * Date of order and actual area.
A4 creation.
728-| Arizona ......... Gila River................................... 46,720 | Executive order May 5, 1882.
• Actual area 134,400.
Gila Bend..................... 22,391 |.................. Executive order Dec. 12, 1882.
Hualipai....................... 730,880 |.................. Executive order Jan. 12, 1883.
Salt River .................... 46,720 |.................. Executive order June 14, 1879.
unna. . . . . . . . . . . . . . . . . . . . . . . . . . 184,400 ..................] Executive order July 6, 1883.
728 California. ...... Mission (23 reserva- | 161,217 |.................. Executive orders June 27, July
tions.) 24, 1882, and Feb. 5 and June
19, 1883.
729 | Dakota........... Sioux (5 reservations)................. 9,997,272 || Actual area in 5 reservations
21,731,368 acres. -
Turtle Mountain ......... 491, 520 !.................. Executive order Dec. 21, 1882,
730 | Indian Terri- | Iowa............................ 228, 152 |.................. Executive order Aug. 15, 1883.
tory.
Kickapoo....... * * * * * * * * * * * * * * 206,466 .................. Executive order Aug. 15, 1883.
731 ........................ |Unoccupied Creek ...... ........ 1,068, 346 || Actual area, 1,211,272 acres.
and Seminole lands
ceded east of 98th
meridian.
732 | Iowa.............. Sac and Fox................. 1,258 ..................
732 Kansas........... Miami ..........................'............... 2,328 Sold.
783 || Minnesota...... Deer Creek.................. 23,040 |.................. Executive order June 30, 1883.
White Earth................. '… 294,851 Actual area. 796,672 acres. Re-
duced by Executive order July
13, 1883.
734 || Nebraska. ...... Otoe ....................... .....'............... 44,093 Sold.
Sioux, Pine Ridge........ 32,000 || Actual area. Executive order
Jan. 24, 1882.
785 | New Mexico...! Zuni .............................'...............l.................. Reconfirmed by Executive or-
4. der May 1, 1883.
735 | New York...... Oneida.......................... § 62 | Actual area 350 acres.
Tuscarora .................... : 1,249 || Actual area 6,249 acres.
736 Oregon........... Malheur....................... '• • - - - - - - - - - - - - - 414,400 || Actual area 320. Reduced by
• Executive orders Sept. 13, 1882,
and May 21, 1883.
737 | Utah............... Uncompahgre.............. 21, 120 ............ ..... Actual area 1,933,440. Execu-
- tive order Jan.5, 1882.
737 | Washington....] Columbia.................................... 748,960 Actual area 2,243,040. Execu-
- tive order Feb. 23, 1883. -
*Surveys change areas.
INDIAN RESERVATIONS TO JUNE 30, 1883. 1253
RECAPITULATION OF RESERVATIONS AND AREAS.
To OCTOBER 10, 1883.
Page 728.
Cº- 1 º g: Q)
o g gºat - •- ?-,
35 - . ū) cº º
State or Territory. 5 : 3 as 3. c: P &
3 & 3 9 : o cº-
E - 3 $4 H ºp 3
2. <! <!
}
Arizona............................................................................................. 10 6,514,871 10, 179;
California (includes 23 reservations for Mission Indians)................ 5 427,058 667
Colorado........................................................................................... | 1,094,400 1,710
Dakota ............................................................................................. 13 27,480,785 42,860}
Idaho ........................... .....................................…............................ 4 2,748,981 4,295
Indian Territory.................. • * * * * * * * s = e º a • * * - - - - - - - - - - - - - - - - - - e º e º e s a tº e º s e º 'º - - - - - - - - - - - - - 25 41, 102,280 64,222
OWa................................................................................. . . . . . . . . . . . . . . . . . . 1 1, 258 2
Ransas..................................... • * is a s e º 'º me • * * * * * * - - - - - - - - - - * * * * * * * * * * * * * * * * * * * * * * * * - - - - - - - 4 135,419 21.1%
Michigan ................................................... * * * - - - - - - * * * * * * * * * * * * * * * * * * * * * * ~ * * * * * * * 3 66,332 104
Minnesota .......................................................... • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10 | . 4,755,716 7,431
Montana (three in fact)..................................................................... 5 27,797,800 43,434
Nebraska.......................................................................................... 6 424, 159 662%
Nevada ............................................................................................. 4 .885,015 1,383
New Mexico (Pueblo Agency includes 19 pueblos).......................... 5 7, 154,525 11, 179
New York......................................................................................... 8 87,677
North Carolina ................................................................................. I 65,211 102
Oregon...........................................................….......................... 6 2,075,560 3,243
Utah ................................................. ............................................... 2 3,927,480 6, 207
Washington ...................................................................... ............... 16 6,330, 148 9,891
Wisconsin ......................................................................................... 7 586, (26 916
Wyoming........................... .............................................................. I 2, 342, 400 3,660
Grand total.................................................. :- - - - - - - - - - - - - - - - - - - - - - - - - - - 137 135,998, 101 || 212,497
The Commissioner of Indian Affairs in his annual report for 1883, says:
ALLOTMENT OF LANDS IN SEVERALTY, AND PATENTs.
During the year fifty-one certificates of allotments have been issued to the Pawnees,
under the provisions of the fifth section of the act of April 10, 1876 (19 Stat., 30), and
nineteen to the Chippewas of the Mississippi, on the White Earth Reservation, under
the provisions of the seventh article of the treaty of March 10, 1867 (16 Stat., 721). Pat-
ents have been issued as follows: To the Chippewas of Lake Superior and the Mississippi,
under the provisions of the third article of the treaty of September 30, 1854 (10 Stat.,
1110), on the La Pointe or Bad River Reservation, thirty-four, and on the Lac Court
d'Oreilles Reservation, eighteen; to the Winnebagoes, under the fourth section of the act
of February 21, 1863 (12 Stat., 658), four; to the Kickapoos, under the provisions of the
third article of the treaty of June 28, 1862. (13 Stat., 624), eleven; and to the Sisseton
and Wahpeton bands of Sioux, under the fifth article of the treaty of February 19, 1867
(15 Stat., 505), nine; making the total number of certificates and patents issued one hun-
dred and forty-six. Fifty Santee Sioux have made homestead entries under the con-
cluding paragraph of the sixth article of the treaty with the Sioux Indians, concluded
April 29, 1868 (15 Stat., 635). Allotments have also been made by the agents on the
Nisqually, Squaxin, Bad River, and Lac Court d'Oreilles Reservations, the schedules of
which have been returned for correction.
As to the utility and desirability of alloting lands in severalty to the Indians and giv-
ing them valid titles thereto, I can only reiterate what has been said in my preceding re-
ports. In no case where allotments have been made and the titles secured, with proper
restrictions, have any other than the best results followed. I shall, therefore, adhere to
the policy of allotting lands wherever the same can legally be done and the condition of
the Indians is such as to warrant it. Q.
AILOTMENTS IN SEVERALTY DELAYED BY LACK OF MONEY FOR SURVEYS.
One of the principal obstacles in the way of making allotments is the fact that there
are no appropriations available for the survey of Indian reservations. In many cases
allotments are authorized by treaty on reservations which have never been Surveyed, and in
other cases on reservations where the lines and monuments of the Survey have become
obliterated. In the latter cases I have, where practicable, authorized the employment of
surveyors to rerun and remark the lines, paying for the work out of the appropriations
for employés. Your attention is called to the importance of this matter in another portion
of this report.
1254 SURVEYS OF INDIAN LANDS.
The agent at the Fort Berthold agency reports that the Indians under his charge are
anxious to take allotments, and that it would be greatly to their advantage to do so. There
being no law nor treaty authorizing allotments to these Indians, it is my intention to
prepare and submit for transmission to Congress at its next session, subject to your ap-
proval, a bill granting such authority. ... * -
At the last session of Congress a bill was submitted increasing the allotments to the
Nez Percés in Idaho and the Willamette Indians on the Grand Ronde Reservation from
twenty acres, as provided for in the treaty with the Nez Percés, and from the graduated
quantity provided for in the treaty with the Willamette Indians, to one hundred and
sixty acres for each Indian entitled to an allotment under the treaties. No action was
taken by Congress. As the quantity of land in each of these reservations is more than
Sufficient to give the amount recommended, and the Indians are desirous of having the
quantity increased, the bill will be again submitted to you for transmission to Congress
at its next session.
The Secretary of the Interior, in his annual Jeport for 1883, on the subject of allotment
in severalty, says:
INDIAN TITLES.
The tenure by which most of the Indian tribes hold their land is very unsatisfactory.
In a few cases the Indians are sufficiently advanced to appreciate the advantages of land
in severalty, but the great mass of the Indians are not only not ready for landin severalty,
but violently opposed to it, and incapable of taking care of such title if given to them.
A title in severalty to or individual ownership of land is unknown in Indian polity, and
they cannot understand why one man should have a claim on or title to land that he
does not occupy, any more than they can understand how one man can become the owner
of more air than he needs. They do not cultivate land in common, but each Indian has
a separate patch or piece of ground which he tills year after year if he desires. When
he neglects to cultivate it, any other person may do so. While he cannot comprehend
individual ownership, he does know what title to his tribe means. He has been accus-
tomed to hear the claim made that his tribe owns a section of the country. The invasion
by one tribe of the region claimed by another has been the cause of innumerable wars.
The denial of ownership in his tribe he fully understands, and whether that denial comes
from a hostile tribe or from one of his own number, it is, in his opinion, a crime to be
punished. The reservation belongs to the tribe in trust for all the members thereof if
they wish to occupy it. If it is sold, it must be sold for all. • ‘ -
Irenew the recommendation that I made on the subject in my former report:
“To the end that the Indians may be secure in their titles and have the assurance
that they will not be removed, except by their free consent, I recommend the passage
of a law to give each tribe a patent for the land the Government has guaranteed to it,
leaving the Indians to determine the question of allotment for themselves. This system
has given entire Satisfaction to the civilized Indians of the Indian Territory, and is con-
sonant with Indian law and religion.”
*
SURVEYS OF INDIAN RESERVATIONS.
[From Report of Commissioner of Indian Affairs for 1883.]
Are Surveyed under the direction of the General Land Office and its surveyors-general and
- g assistants.
It would seem that the experience of the last few years had demonstrated the utter
futility of endeavoring to procure adequate appropriations for the survey of Indian res-
ervations. Year after year proper estimates are prepared and submitted to Congress
with the most urgent recommendations. Last year $100,000 was asked for and but
$5,000 was appropriated. For the present fiscal year $100,000 was estimated for and
not a dollar was appropriated; and there has not been an appropriation of any conse-
quence made foºthe Survey of Indian reservations during the past ten years. There
are thousands of miles of reservation boundaries that have never been defined and
marked by official survey, and the wonder is that the conflicts between the Indians and
Settlers are not more frequent than they are, when it is considered that in very many
instances it is found absolutely impossible to determine which party is in the right.
The settlers, surrounding the Indians on all sides, are anxious to procure good land
upon which to settle, while the Indians themselves are watchful and naturally jealous
of their rights. There is no guide in the matter. The settlers, miners, or herders, as
the case may be, approaching from all directions, and gradually circumscribing the In-
sdians to the vicinity of their agencies, are finally confronted by the Indians or their
agent with the warning that they are encroaching upon the reservation. This, in all
/
INDIAN LANDS IN INDIAN TERRITORY, JUNE 30, 1883. 1255
likelihood, is disputed, and in the absence of proper marks indicating the boundaries of
the reservation the dispute continues, engendering the bitterest feeling, which too often
ends in unfortunate strife. When it is understood that all surveys of Indian reserva-
tions, by express stipulation of law, are executed under the direction and control of the
General Land Office (see 2115, Rev. Stats.) with the same safeguards against fraud that
are employed in the survey of the public lands, it is difficult to see why appropriations
for these much-needed surveys are so persistently withheld. They are as much needed
to determine the rights of settlers as to protect the interests of the Indians.
In the fulfillment of treaty stipulations and in carrying out the general policy of the
Government in settling the Indians on individual allotments, it is necessary that arable
lands within certain reservations be subdivided, and it is important in some cases that
this be done at once; yet there is not a dollar available for this special purpose, although
it was intended that a considerable portion of the $100,000 estimated for should be used
in that way.

SURVEYING THE BOUND ARIES OF INDIAN RESERVATIONS.
The Secretary of the Interior in his annual report for 1883 says:
One great difficulty in keeping the Indians on their reservation and the whites off is
the uncertainty of the boundary lines. The exterior of all the reservations should be
Surveyed, and plainly marked, so that neither Indians nor whites would have difficulty
in determining the boundaries thereof, and I recommend a suitable appropriation for
this purpose.
The Commissioner of the General Land Office in his annual report for 1883 says of

ALLOTMEN T LANDS FOR. UTE INDIANS:
The surveys made previous to the last fiscal year of lands for allotment to the Southern
Utes in Colorado and New Mexico, amounting to 326,675.56 acres, have been examined
and approved. In the past year surveys have been returned of 148,255.65 acres.
Two hundred and eighty-seven thousand one hundred and forty-seven and seventy-
six one-hundredth acres have been surveyed within the Uintah Reservation in Utah for
allotment to the White River Ute Indians.
Some progress has been made in the field-work of surveys in Utah for allotment to the
Uncompahgre Utes, but no returns have been received.
INDIAN RESERVATIONS.
A contract has been entered into for the survey and subdivision of seventeen town-
ships in the late Uncompahgre Reservation in Colorado.
The survey of the boundary between the Crow Reservation and Crow ceded lands in
Montana, and surveys of Crow lands for allotment, have been contracted for. The sur-
vey of the boundary lines has not yet been executed. Some progress has been made in
field surveys for allotment.
The lands within the old Sioux Indian Reservation west of Big Stone Lake in Dakota
have been resurveyed and the western boundary line retraced, the original surveys hav-
ing been reported fraudulent. The area shown by the original survey was 115,157.68
acres, and by the resurvey 137,648 acres, making an increase by the resurvey of 22,-
540.32 acres.
LANDS IN INDIAN TERRITORY.
(See chapter XXXIII, pages 458 to 462, to June 30, 1880; see addenda, page 1187.)
To DECEMBER 1, 1883.
See map facing 462 for all holdings and titles of Indian tribes thereon. It is, in fact,
correct to December 1, 1883. *
No lands can be disposed of by the Indian tribes or individuals in the Indian Terri-
tory. The occupancy and other titles are as given, pages 459 to 462. The United States
must approve or concur in title to lands in this Territory. There are no public lands in
this Territory, or lands coming within the provisions of the settlement or disposition laws,
as no act of Congress has brought any portion of the lands of this Territory under the
operation of any public land laws. Persons entering Indian Territory as settlers claim-
ing under any of the public land laws of the United States are merely intruders and
trespassers. During the year 1883 an attempt was made to obtain the approval of the
1256. INTRUDERS ON LANDS IN INDIAN TERRITORY, JUNE 30, 1883.
Department of the Interior of a lease of pasturage lands by the Indians of Indian Terri-
tory. In his annual report for 1883 the Secretary says:
LEASING OF INDIAN LANDS.
In April last (1883) certain parties, alleging that they had made leases or agreements
with the Cheyenne and Arapahoe and other Indians of the Indian Territory for the priv-
elege of grazing cattle on the reservation of said Indians, by paying therefor 2 cents per
acre per annum, applied to the Department to have their leases or agreements approved
by the Department, and to be put in possession of the lands included in said leases or
agreements. It was understood that quite a large amount and nearly all the lands So
occupied by the Cheyennes and Arapahoes were included in such leases or agreements.
It was urged by the parties desiring the approval of such leases or agreements that the
Indians could derive a large revenue from the use of the lands, and be otherwise bene-
fited by such occupation. I did not find authority for the making of such leases or
agreements by the Indians, or by the Department, and I therefore declined to approve
them, and informed the parties that Isaw no objections to allowing the Indians to grant
permission to graze cattle on their reservation at fair and reasonable terms; that the
authority to so occupy must be given by the tribe, and not an individual member, and
the whole tribe must participate in the benefits thereof; that the Department would not
feel called on to remove the occupants under such leases or agreements, provided the
Indians made no complaints and the Department was satisfied that the Indians were
properly treated; that the parties and their employés conformed strictly to the statutes
and rules of the Department with respect to the intercourse laws, with reference to the
introduction of liquors, fire-arms, ammunition, &c.; that the Department would, when
it appeared to be desirable for the public interest to do so, exercise its right of Super-
. vision to the extent of removing all occupants, without reference to such leases or agree-
ments, on such notice as might be right and proper under the circumstances; and that
all parties, in accepting such agreements from the Indians, must accept the same subject
to such conditions and to the future action of Congress. -
It is undoubtedly to the interest of the Indians to allow parties to graze cattle on their
lands, if a fair price is paid for such privileges, as it will in time become a source of con-
siderable revenue to them, and will familiarize them with the care of stock. It is be-
lieved that the owners of lands would soon find it to their interest to hire Indians to herd
their stock, and thus another source of revenue would be opened to them. Had the De-
partment approved of the leases or agreements it would doubtless have been the duty of
the Department to collect from the occupants the money to be paid under the terms of
such leases or agreements, and such money so collected would necessarily go into the
Treasury of the United States. The Indians, having assumed the right to lease the land,
would not readily submit to have the money paid to the Department and put in the
Treasury, although such fund might be subsequently used for their benefit. It will be
impossible in the present condition of affairs to prevent conflicts between rival claimants
for the privilege of grazing on Indian lands within the Indian Territory without legisla-
tion. Congress should provide some system by which the unoccupied lands can be leased
by the tribe or the Department for the benefit of such tribes, and the money expended
for the tribe without covering it into the Treasury.
ATTEMPT TO SETTI.E ON LANDS IN INDIAN TERRITORY UNDER THE CLAIM THAT
THEY ARE PUBLIC LANDS.
The Commissioner of Indian Affairs, in his annual report for 1883, speaking of this,
Says: - -
INTRUDERS ON INDIAN LANDS.
As stated in the previous reports, an amendment to the law in reference to intruders
So as to punish by imprisonment as well as fine is absolutely necessary. An intruder
without property has very little fear of a fine. Some intruders have already been re-
moved several times by the Indian police or the military, and as often have returned. The
present law, imposing a fine only, has no terrors for this class of men. All that can at
present be done is to remove the intruder, and if he reappears to bring a civil suit
against him in the nature of an action of debt to recover the statutory penalty of $1,000.
I have yet to hear of a single instance in which the penalty has been recovered. The
result is expense to the Government for no purpose. Notwithstanding his repeated ex-
pulsion from the Indian Territory, Payne and his party of “Oklahoma colonists” have
twice during the present year made attempts at settlement in that country, requiring
the aid of the military, at great expense to the Government, to effect their removal.
INTRUDERS ON LANDS IN INDIAN TERRITORY, JUNE 30, 1883. 1257
In addition to the urgent recommendations which have repeatedly been made by this
office and the Department on the subject, the Secretary of War deemed this frequent fur-
nishing of troops for the removal of trespassers, at great expense to the Government,
without any practical results, as a matter of such serious importance in the interests of
the military service and of public economy that on the 2d February last he addressed a
special communication to the President urging the amendment of section 2148, Revised
Statutes, by providing a term of imprisonment for unlawfully entering upon Indian
lands. This communication was transmitted by the President to Congress on the 5th
February last, and on the 3d of the same month Mr. Dawes introduced in the Senate a
a bill (S. 2450), some time previously prepared in this office,” reading as follows:
Be it enacted by the Senate and House of Representatives of the United States of America &
in Congress assembled, That section twenty-one hundred and forty-eight of the Revised
Statutes of the United States be amended to read as follows, namely:
“Every person who without authority of law enters and shall be found upon any In-
dian lands, tribal reservation, or lands specially set apart for Indian purposes, shall for
the first offense, upon conviction thereof, pay a fine of not more than five hundred dol-
lars, and be imprisoned at hard labor for not more than one year; and for every subse-
quent offense, shall, upon conviction thereof, pay a fine of not more than one thousand
dollars, and not less than five hundred dollars, and be imprisoned at hard labor for not
more than two years, nor less than one year; and the wagons, teams, and outfit of
such person or persons so offending shall be seized and delivered to the proper United
States officer, and be proceeded against by libel in the proper court and forfeited, one-
half to the informer and the other half to the United States, and in all cases arising under
this act, Indians shall be competent witnesses: Provided, however, That the provisions of
this section shall not apply to emigrants or travelers peaceably passing through such In-
dian lands, tribal reservations, or lands especially set apart for Indian purposes, without
committing any willful trespass or injury to person or property.”
On the 10th February last the bill as read and referred was reported back by the Sen-
ate Committee on Indian Affairs without amendment, but Congress again adjourned
without taking action in the matter.
While on this subject I desire to say a few words in regard to the repeated attempts
which have been made by United States citizens during the past four years to unlaw-
fully appropriate certain lands of the Indian Territory reserved under treaty by the
Government for Indian purposes, under the pretext that such lands are open to the pub-
lic for settlement. Full accounts of these raids and of the measures taken by the Gov-
ernment to expel the intruders will be found in the successive annual reports of this
office for the years 1879, 1880, 1881, and 1882. During the period referred to, D. L.
Payne, the recognized leader of the movement, has been repeatedly arrested only to be
released by the military authorities on the Kansas border, or held to answer to a civil
suit in the United States court at Fort Smith to recover the penalty imposed by the
statute, a suit invariably terminating without any practical result. With each repeti-
tion the movement appears to acquire additional strength. From official reports made
to the War Department and on file in this office, I learn that in the expedition which left
Arkansas City for the Oklahoma lands on the 1st February last there were about two
hundred and fifty persons, principally from Kansas and Missouri, including some twenty
women and children, with from eighty to one hundred wagons filled with provisions and
forage sufficient to last them thirty or forty days, and with tents, furniture, agricultural
implements, &c. They appeared in the main to be a well-to-do, quiet set of farmers,
and a different class of people from those who had been engaged in previous similar
enterprises, but they were all well armed, mostly with Winchester rifles and carbines,
and among them it was reported there was one man from Wichita, Kans., who had with
him a full wagon-load of whisky and cigars, intending to open a Saloon on arriving at
their destination.
Besides this party, there were other and smaller outfits which were discovered and
heard of en route from Caldwell and Coffeyville, Kans., to join the main body. Those
from Caldwell are stated to have been with one or two exceptions persons without visi-
ble means of support, whom the citizens, though deprecating the movement, were glad
to get rid of at any price.
Payne, with his secretary, one W. H. Osburn, traveled with the Arkansas City party,
and at a meeting held there the night before starting he is said to have roundly abused
the Government and the Army. From the same official sources I learn that every mem-
ber who joins the Oklahoma colony pays $2.50 for a certificate of membership therein,
of which 50 cents are retained by the secretary and the remainder goes into Payne's
pockets. The form of certificate is as follows:
*See House Ex. Doc. No. 145, Forty-seventh Congress, first session.
1258 MILITARY RESERVATIONS, JUNE 30, 1883.
[Capt. D. L. Payne, president; Hon. J. M. Steele, treasurer; W. H. Osburn, secretary.]
Certificate of membership.
OFFICE OF PAYNE's OKLAHOMA COLONY,
Wichita, Kans., —, 188—.
This certifies that , having paid the fee of two dollars, is a member of
Payne's Oklahoma Colony, is entitled to all the benefits and protection of said colony
and an equal voice in all matters pertaining to and the formation of its local govern-
ment.
* In testimony whereof the official signatures of the president and secretary are hereto
subscribed, and the seal of the colony attached.
President.
*=
Secretary.
I also learn that Payne issues “land certificates” to persons who do not desire to go
down themselves, by which he guarantees them 160 acres of land in the “Oklahoma
Colony,” in consideration of $25, which it is also stated he appropriates to his own use.
I have no copy of this last mentioned certificate; but, even if there are no other controll-
ing influences at work, it is manifestly a profitable speculation for Payne himself, who
is not likely to desist from starting these expeditions so long as he can find persons cred-
ulous enough to part with their money on such worthless assurances, or so long as the
law in relation to trespassers on Indian lands remains in its present unsatisfactory
condition.
From a letter dated June 26 last, addressed to the Department by the honorable Secre-
tary of War, I am advised that Payne has now applied to the United States circuit court
at Topeka, Kans., for an injunction restraining military interference with his entrance
into and occupation of the Oklahoma district of the Indian Territory, thus bringing up
for judicial decision the whole question affecting the status of said district; and that the
matter has been referred by the War Department to the Attorney-General to take such
measures as may be deemed necessary to protect the interests of the United States in the
premises.
I respectfully recommend that the attention of Congress be specially drawn to these
aggressive movements on Indian Territory lands as illustrating the urgent necessity for
speedy and effective legislation in regard to trespassers.
MILITARY RESERVATIONS UPON THE PUBLIC DOMAIN.
(See Chapter XVII, pages 249 to 254, to June 30, 1882; see addenda, pages 748 to 752,
to June 30, 1883.)
To JUNE 30, 1883.
The following list shows the changes in reservations either by increase or decrease of
area during the year ending June 30, 1883:
References.—The data on page 249 et seq. are correct. See also decisions of the Depart-
ment of the Interior and General Land Office in cases relating to lands and land claims
to June 30, 1883. Title, “Military Reservations.”
The total number of military reservations on the public domain in the public land
States and Territories June 30, 1883, was 177, containing 3,155,152.76 acres.
MILITARY RESERVATIONS.
[From the Annual Report Commissioner General Land Office, 1883.]
Military reservations declared, reduced, enlarged, modified, or restored to the public
domain during the year ending J 30, 1883, are as follows: -
In Arizona.-By Executive order dated May 14, 1883, Fort Huachuca reservation was
enlarged on the north so as to include grazing lands and extend to the Babacomari land
grant, as was intended by the original order dated October 29, 1881.
In California.-By Executive order dated October 21, 1883, Molate Island, or Red
Rock, in San Francisco Bay, was formally declared a military reservation. It was re-
served March 2, 1858, by order of the Secretary of the Interior. It contains 7.52 acres,
in sec. 17, T. 1 N., R. 5 W., M. D. Mer. -
MILITARY RESERVATIONS, JUNE 30, 1883. 1259
In Florida.-Fort Brooke military reservation, containing 148.11 acres, was relin-
quished by the Secretary of War to the Secretary of the Interior, under act of August
18, 1856 (11 Stat., p. 87). By Executive order dated November 17, 1882, the following
described tracts were formally declared reserved for military purposes, the same being
portions of reservations ordered by the Secretary of War on March 23, 1849, “until the
completion of the surveys necessary for the coast defenses”: -
1. The south end of Gasparilla Island for a distance of 2 miles from its southern ex-
tremity; and the north end of Boca Grande, or Cayo Costa Island, for a length of 2 miles
from its northern extremity.
2. The whole of Egmont Island, at the entrance of Tampa Bay, except the 15 acres at
the north end previously reserved for light-house purposes. &
3. Flagg Island, at Saint George's Sound.
In Indian Territory.—By Executive order dated January 17, 1883, the reserve at Fort
Supply was enlarged by adding to it the south half T. 25 N, R. 22 W., and the SW. 4 of
T. 25 N., R. 21 W.
In Kansas.—By act of Congress approved August 4, 1882, Fort Larned reservation was
authorized to be relinquished by the Secretary of War and sold to actual settlers, after
Survey and appraisal.
In Montana.—By act of Congress approved August 4, 1882, it was provided that the
Fort Benton military reservation should be restored to the public domain, surveyed, and
disposed of. -
In Utah. —By Executive order dated the 12th of May, 1883, a military reservation for
Fort Thornburgh was declared. Two tracts were reserved—one for the post and the other
for wood and timber. The post reserve is partly surveyed land. The surveyed portion
falls in T. 3 S., R. 20 E., and T. 4 S., R. 21 E. -
All the land in the wood and timber reserve is unsurveyed.
Military reservations in public-land States and Territories, July 1, 1883.
[Additions to and corrections to tables. See pages 748 to 752.]

Q -
# State or Territory. - Name of reservation. H. Frºnt
748 California.......................... Camp Independence................................. 5,210. 18 |..................
Total area of reservations in California....................... 17,531.68
749 Florida—15 reservations.... Fort Brooke (relinquished by War De-
artment). Three small ones created.
#. text above about equaling this re-
duction)...................................................l.................. 148. 11
Total area of reservations in Florida as
far as known............................................l.................. 13,282.40
749 || Kansas–5 reservations..... Fort Larned (restored to public domain)...|.................. 10,240.00
Total area of reservations in Kansas as r:
far as known............................................l.................. 53,870.22
750 || Montana—8 reservations. | Fort Benton, area not known (restored to
the public domain)...................................l....................................
751 || Utah—5 reservations.... ..... Fort Thornburg, created by *Executive
order May 12, 1883....................................l.................. 21,851.00
Total area of reservations in Utah as far
as known.................................................l.................. 147,450.47
Change in recapitulation of areas as far as known or estimated, during the year to June 30,
1883.
[See page 752].
J*:::::: ...; In D
- Otà, area, O Crea,Se eCrea,Se
Number of reservations. all reserva- of area. of area.
tions. -
California.................. ..................................................... • - - - - - - - 17,531.68 2,560 [..................
Reduced to 5, Kansas.................................................. ..... .... 53.870.22 |............s..... 10,240
Reduced to 8, Montana ................ ...... 861,956.64 *
Increased to 5, Utah • * * * * * * * * * * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 147,450.47 21,850 |..................
Total..............................................................................l...............--------- 24,410 10,240

Total number of reservations, 177. Total area, 3,155,152.76.
Q
1260 CANAL, RAILROAD, WAGON-ROAD GRANTs to JUNE 30, 1888.
DISTRIBUTION ACT of SEPTEMBER 4, 1841. ūy
(See Chap. XIX, page 256, to June 30, 1880; also addenda, page 753, to June 30, 1882.)
To JUNE 30, 1883. - -
• The table on page showing $691,117.05 is correct to June 30, 1883, and in fact to De-
cember 1, 1883, as the law is executed.
*-
CANAL, WAGON, MILITARY-WAGON AND RAILROAD GRANTS.
(See Chap. XX, pages 257 to 288, to June 30, 1880, and addenda, pages 753 to 849,
to June 30, 1882.)
To JUNE 30, 1883.
The matter of a historical character, from pages 257 to 288, is correct to December 1,
1883. . The Congressional reports and executive documents, from pages 789 to 849, are
also of present value. For index of these seepage 789. The official rules and regulations
on pages 935 to 949 are in effect, with amendments, until December 1, 1883. The map
of land-grants fºr wagon and rail roads, facing page 949, is correct to i)ecember 1, 1883.
IREFERENCES.
For all laws and decisions relating to land granted for railroad purposes see “Laws of
the United States relating to the Public Lands,” volumes 1, 2, and 3, Public Land Com-
mission, 1880, and addenda to, 1882. Also, Annual Report of Auditor of Railroad
Accounts for 1880 for laws relating to Pacific Railroads, pages 148 to 255. Also see
Annual Reports of the Commissioner of the General Land Office for 1851 to 1883 and
Annual Reports of the Secretary of the Interior from 1851 to 1883. Also see the Decis-
ions of Department of the Interior and General Land Office for June, 1881, to June,
1883, title “Railroads.”
CONSTRUCTION OF LAND-GRANT RAILROADS.
[See pages 268 and 754.]
FoE THE YEAR ENDING JUNE 30, 1883. *
The construction of 1,210.68 miles of land-grant railroad was reported during the year,
making a total of 17,449.78 miles of road reported as constructed under all grants to
June 30, 1883. This aggregate includes 205 miles in the Indian Territory, and 342.87
in the State of Texas for which there is no grant, such construction being an incident to
land-grant lines proper. tº

States and Territories Miles. States and Territories. Miles.
Alahama 822.00 || Mississippi............ & 406.00
Arkansas................................ 620. 16 || Missouri 703. 00
Arizona ........................................ 200.00 || Montana............................................... 508. 00
California............................................... 1,228.89 || Nebraska 832.00
lorado. ............................... 298.00 || Nevada............................... 460.00
Dakota................................................... 425.58 || New Mexico................. • * * * * * * * * * * * * * * * * * * * * * * * 150.00
Florida........... 313. 10 || Oregon.................... * 227. ()0
Idaho..................................................... 87.00 || Texas (where there are no United
Illinois................................................... 705.72 States lands) 342.87
Indian Territory............. ‘...................... 205.00 || Utah............................ .................. ...... 255.00
Iowa...................................................... 1,672.00 || Washington.......... 286.00
Kansas......... 1,654.00 || Wisconsin tº tº tº e & © 689. 00
Louisiana............................................... 412.00 || Wyoming 400.00
Michigan................................................ 1,148.96 |–
Minnesota....... *................ ... 2,398.50 Total 17,449.78
AREA OF LAND GRANTS TO RAILROADS.
The data on page 753, being an estimate of 155,504,994.59 acres as the area necessary
to fill all railroad land grants as granted, have not been materially changed. Of this
area about 50,000,000 acres were granted to States and Territories and about 105,000,000
acres to corporations.
LANDS CERTIFIED OR PATENTED TO JUNE 30, 1883. 1261
RAILROAD LANDS CERTIFIED OR PATENTED.
To JUNE 30, 1883.
The total area of lands certified or patented to railroads to June 30, 1883, was
47,004,043.96 acres.
To states-------------------------------------------------------- 36,248,839. 07
To corporations--------------------------------------------------- 11,422,946.65
47,671,785. 72
Deduct area forfeited by acts of Congress---------------------------- 667, 741.76
Total.-------------------------------------- 47,004,043.96
MILITARY WAGON-ROAD LANDS CERTIFIED OR PATENTED.
Tô JUNE 30, 1883.
The total wagon and military wagon road lands certified or patented to June 30, 1883,
was 1,741,897.59 acres. z
CANAL LANDS PATENTED.
To JUNE 30, 1883.
The total area of canal lands patented from 1824 to June 30, 1883, was 4,424,073.06
:a:CITES.
- GRAND TOTAL FOR ALL GRANTS.
For all of these grants certified or patented to June 30, 1883, a grand total of 53,170,-
014.61 acres.
ATTACHMENT OF RAILROAD RIGHTS.
(See pages 280, 284, and 764 to 768.)
The table of attachment of railroad rights to June 30, 1882, on pages 764 to 768, is
not printed for 1883. The courts by decisions having changed the general principle of
attachment of railroad rights, and the General Land Office not having as yet prepared a
corrected list to June 30, 1883, no attempt is made to correct the old table. The table
to June 30, 1882, is not, in fact, correct, and in the light of recent decisions is mislead-
Ing.
CERTIFIED OR PATENTED LANDS TO RAILROADS FOR THE YEAR END-
ING JUNE 30, 1883, AND TOTAL ACRES CERTIFIED OR PATENTED TO
ROADS NAMED TO JUNE 30, 1883.
ADDENDA—See tables, pages 756 to 763.
Statement showing number of acres of lands certified or patented to the several railroads during
the fiscal year ending June 30, 1883.


un *t !, rc. 80 *: ;-
& gº g sp=4 H rd ſº sº
ſº §§ ###s | #:
e ent dº - tº
ää | # ##33 | #5%
o 8 § 3 Names of road. 3 : 33 = $3:
o ºgº g; 9 - gº
33 | H 5. $... º.º. g: 33
Ö ... 2 $º q) - tº Q q)
$4 d5 Q 32 . . ; as 3 - 5
$ * #35 | ####
£3 à 2. E+
757 Arkansas....... Little Rock and Fort Smith(additional five-mile limit) || 139,853.62 506.009, 88
759 || Wisconsin...... Wisconsin Central...... 66,504.91 || 642,149.47
759 Minnesota - tº e º e St. Paul, Minneapolis and Manitoba. .......................... 84,098.96 || 1,258,428.99
760 Qorporation... Union Pacifie............ 640.00 | 1,959,523.08
73; 9orporation. Central Pacific............................................................ 59,444.72 780, 879.40
731 | Qorporation...] Union Pacific (Kansas division)................................. 46,193.33 963,714.03
762 | Corporation...] Union Pacific (successor to the Denver Pacific Rail-
º Way Company)......................................................... 78,484.78 164,721.51
762 | Corporation...] Southern Pacific 2,519.92 | 1,040,430.03
1262 LANDS CERTIFIED OR PATENTED TO JUNE 30, 1883.
CERTIFIED OR PATENTED TO MILITARY WAGON-ROADS.
To JUNE 30, 1883.
(See pages 260 herein.)
The only wagon-road to which lands were patented during the fiscal year ending June
30, 1883, was the Willamette Valley and Cascade Mountain military wagon-road. The
additional amount patented to this company was 440,856.52 acres; in all, 548,749.53 acres.
Corrections and changes in tables of areas certified or patented to June 30, 1883.
(See pages 756 to 763.)

Page º To June 30, 1882, Should be to
herein Name of railroad. stated to be June 30,
© On page 756. 1883.
756 || Arkansas, Saint Louis, Iron Mountain and Southern, 204,079.17 203,999.17
additional five miles.
760 | Leavenworth, Lawrence and Galveston............................ 256,281.67 256,121.67
760 || Atchison, Topeka and Santa Fé 2,745,938.47 || 2,745,778.47
760 | Union Pacific..................................................................... 1,953,883.08 || 1,954,523.08
762 | Northern Pacific A- * * * * 746,509.52 746,390.22
These are the only changes, except in the case of roads to which lands were certified
or patented during the fiscal year ending June 30, 1883, and noted herein.
AREA OF RAILROAD LANDS PATENTED.
Report of Commissioner of General Land Office.
DURING THE YEAR ENDING JUNE 30, 1883.
There were certified or patented under railroad grants during the year 477,740.24 acres,
and 440,856.52 acres were patented for wagon-roads, an increase in patents for railroads
and wagon-roads over the previous year of 742,190.10 acres. -
LISTS AWAITING EXAMINATION AND APPROVAL.
Lists of railroad selections aggregating 3,070,453.41 acres are awaiting examination
being an increase over the previous year of 1,112,060.62 acres. -
NUMBER OF SETTLEMENT CLAIMS WITHIN LANDS CLAIMED BY RAILROADS.
The number of settlement claims within the granted or indemnity limits of the vari-
ous railroad grants that were awaiting original or final action at the close of the year
was 6,891, an increase of 1,327 over the arrears of the previous years. Of the total num-
ber pending 1,464 had received some action, and 5,427 had not been reached for examina-
tion.
Ge - RIGHT-OF-WAY RAILROADS.
(For list of, to June 30, 1882, see pages 769 to 771.)
The number of railroad companies recognized as entitled to a right of way through the
public lands, to land for station purposes, and to take timber and other material from
public lands for the construction of their roads, was at the close of the fiscal year 163,
located in the various public-land States and Territories.
LANDS CERTIFIED OR PATENTED TO JUNE 30, 1883. 1263
RIGHT-OF-WAY RAILWAY COMPANIES.
FROM JUNE 30, 1882, To JUNE 30, 1883.
(Corrected and additional to list on pages 769 to 771.)
*


States and Territories Date of § 65 Name of compan
S 3A.Il rrl º laws. •º Öſ) pany.
3. 63 -
--- U) 94
Arizona........................ ..] Mar. 3, 1875 18 482 | Arizona Narrow-gauge Railroad.
Arkansas....................... Mar. 3, 1875 | 18 482 | Eureka Springs Railway Company.
Colorado ........................ Mar. 3, 1875 18 || 482 | Colorado Northern Railway.
Mar. 3. 1875 18 || 482 Georgetown, Breckenridge and Leadville Rail-
Way.
Dakota........................... Mar. 3, 1875 18 || 482 | Black Hills and Fort Pierre Railroad.
Mar. 3, 1875 | 18 || 482 Ellendale and Wahpeton Railroad.
Mar. 3, 1875 18 || 482 || Jamestown and Northern Railroad.
Mar. 3, 1875 18 || 482 | Northern Pacific, Fergus and Black Hills Rail-
- road.
Florida, Mar. 3, 1875 18 || 482 | Florida Southern Railway.
Mar. 3, 1875 18 || 482 | Palatka and Indian River Railway.
Louisiana....................... Mar. 3, 1875 18 || 482 | Natchez, Red River and Texas Railroad.
Michigan........................ Mar. 3, 1875 18 482 | Chicago and Northwestern Railway (successor
to Menomonee River Railroad.
Minnesota..................... Mar. 3, 1875 18 482 || Detroit, Mackinac and Marquette Railroad.
Mar. 3, 1875 | 18 || 482 Cº., Rapids, Iowa Falls, and Northwestern
allway.
Mar. 3, 1875 18 || 482 | Duluth and Iron Range Railroad.
Mar. 3, 1875 18 || 482 | Red River and Lake of the Woods Railway.
Missouri........................ Mar. 3, 1875 18 || 482 | Missouri and Arkansas Railroad.
Mar. 3, 1875 18 482 || Springfield and Southern Railway.
New Mexico................... Mar. 3, 1875 18 482 | Clifton and Lordsburg Railway.
Mar. 3, 1875 18 482 | New Mexican Railroad.
Utah............................... Mar. 3, 1875 18 482 California. Short Line Railway.
Washington .................. Mar. 3, 1875 18 482 | Columbia and Pelouse Railroad.
Wisconsin Mar. 3, 1875 18 . 482 Milwaukee, Lake Shore and Western Railway.
Wyoming....................... Mar. 3, 1875 18 |, 482 Wyoming, Montana and Pacific Railroad.
Mar. 3, 1875 18 || 482 Wasatch Iron and Coal Company.
PATENTED AND CERTIFIED CANAL, WAGON, AND MILITARY WAGON-
ROAD AND RAILROAD LANDS.
To JUNE 30, 1883.
See page 755.
Statement showing number of acres certified or patented during the year, to June 30, 1883, and
the total up to June 30, 1883, for canal, wagon-road, and military wagon-roads, and rail-
roads, to States and corporations.
RECAPITULATION.
Number of acres
certified or pat: | *:3.
States. ented for the . . p to
Year ºn ºng | jº) #3
June 30, 1883. 3. º
Illinois....................................................................................l.............................. 2,595,053.00
Mississippi.............................. ....................... .........----------------|-----------------------------. 935,158.70
Alabama............................................................ ........ 2,882,076.40
Florida ........................................................... 1,760,834.98
Louisiana 1,072,406.47
Arkansas................................................................................. 139,853.62 2,516,665.11
Missouri ................................. ....................................................................... a • * * * * * 1,395,429.87
Iowa........................................................... * * * * = e º e º 'º º º tº º 0 tº e º I - - * * * * 4,706,458.39
Michigan................................................................. * & 3,229,010.84
Wisconsin............................................ ................................... 66,504.91 2,874,088.79
Minnesota .............................................................................. 84,098.96 7,832,750.24
Kansas....................................................................................l.............................. 4,448,906. 28
Total for States, to June 30, 1883. ................................... 290,457.49 36,248,839.07
Total for corporations....................... 187,282.75 11,422,946.65
Total railroad grants, to June 30, 1883 ........................... 477,740.24 47,671,785.72
Deduct amount of land declared forfeited by Congress................................ 667,741.76
* 47,004,043.96
Wagon roads:
Wisconsin * * * * * * * * * * * * * * * * * * = a e s e e s e e s a es e s e º sea e º ºs e s = * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 302,930.96
Michigan.................................................................................l.............................. 221,013.35
Oregon .................................................................................... 440,856.52 1,217,953.28
Total wagon roads........................ 1,741,897.59
Total railroads ......... ........................... 47,004,043.96
Grand total to June 30, 1883.................................. e is e º ºs e º 'º e is 918,596.76 48,745,941.55

1264 LEGISLATION NECESSARY TO FORFEIT GRANTS, JUNE 30, 1883.
Canals from 1824 to June 30, 1883.
(For names of canals, see page 258.)
Indiana---------------------------------------------------------- 1,457, 366.06
Ohio------------------------------------------------------------- 1,100, 361.00
Illinois ---------------------------------------------------------- 290,915.00
Wisconsin-------------------------------------------------------- 325, 431.00
Michigan -------------------------------------------------------- 1,250,000.00
Total canals------------------------------------------------ 4,424,073. 06
Grand total railroad, wagon-road, and canal grants patented or certified
from 1824 to June 30, 1883 -------------------------------------- 53, 170,014.61
Patented or certified during the year ending June 30, 1882------------ 918, 596.76
This statement varies from year to year, from the fact that the adjustment of grants
frequently reduces areas stated to be due railroads.
REPORT OF GOVERNMENT DIRECTORS OF THE |UNION PACIFIC RAILROAD.
For Annual Report of the Directors of the Union Pacific Railroad for the year 1882,
see Ex. Doc., No. 94, 2d sess., 47th Cong. H. of R. -
LAPSED RAILROAD LAND GERANTS AN & TAXATION OF RAILROAD LANDS.
Hon. H. M. Teller, Secretary of the Interior, in his annual report for 1883, Speaking
of the two subjects above noted, says:
RAILROAD LAND GRANTS.
In my last report I called attention to the necessity for Some legislation in reference
to lapsed grants. The necessity for such legislation still exists, and I repeat what Isaid
on that subject:
: “Congress has from time to time, commencing in 1850, made grants to the several
States or to corporations to aid in the construction of railroads. In some instances the
roads have been constructed and in others partially completed; but in some cases no
attempt has been made to build the roads and thus secure a title to the land. The lands
thus granted have been withheld from the operation of the settlement laws. The Su-
reme Court of the United States has declared, in the case of Schulenburg v. Harriman
21 Wallace, 44), that a failure to complete the road within the time fixed in the grant
did not forfeit the grant. Lands thus withheld from the operation of the settlement laws
must so remain until Congress shall declare such lands forfeited. ' If it is the intention
of Congress to allow the railroad companies to complete their roads after the expiration
of the term fixed in the grant, and thus claim the benefit of the grant, it should be so
declared at an early day. Large tracts of land are not available for settlement, because
the settler cannot determine whether the title is in the government or in the railroad
company. If he purchase from the railroad company and it fails tº complete its road
and secure the title, he takes nothing by such purchase, and he cannot secure the land
under the settlement laws, for the Department is not authorized to treat such lands as
public lands. Besides this, the even sections within the limits of the grants are subject
to cash entry at not less than $2.50 per acre. Thus the settler is sometimes compelled
to pay a double price for the privilege of owning lands near a railroad which is never
constructed.”
It is difficult to make the people understand that the executive department of the
Government cannot declare a grant forfeited when the corporation for whose benefit it
was made has failed to comply with the conditions thereof. Petitions are presented to
the Executive demanding the forfeiture of grants for non-compliance with the conditions
thereof. Individual claimants declare themselves outraged because the Commissioner
of the General Land Officerefuses to allow filings on the odd sections of land within the
unforfeited railroad grants. The Government is derided as the government of the rich
and opposed to the poor, because the executive department of the Government does not
do what the courts have repeatedly declared could be done only by the legislative branch
of the Government, that is, declare a forfeiture of a grant.
Complaint is made that grants made more than a quarter of a century ago are still
treated as valid, subsisting grants, and the settler forbidden to go thereon, although
nothing has been done toward the building of the road, which must be built before the
TAXATION OF RAILROAD LANDS. 1265
railroad company can receive the evidence of the title given to it by the Government so
many years before.
If the executive department of the Government disregard the law and issue a patent
to such settler, he takes nothing by the instrument, and is as much at the mercy of the
corporation as if he had not received the Government patent. Congress alone can relieve
the settler by declaring the grants forfeited.
If the grants are not forfeited when there has not been a full compliance with the con-
ditions of the grant, it seems to be just and proper that some provision should be made
by which the settlers, who, through ignorance, or because they believed such grants had
been or would be forfeited, have made settlement on such railroad lands, can secure a
title, either through the railroad company or from the Government.
TAXATION OF RAILROAD LANDS.
By section 21 of the act of July 2, 1864 (13 Stat., 356), amendatory of the Pacific Rail-
road act of July 1, 1862 (12 Stat., 489), it is provided—
“That before any land granted by this act shall be conveyed to any company or party
entitled thereto under this act there shall first be paid into the Treasury of the United
States the cost of surveying, selecting, and conveying the same, by the said company
or party in interest, as the titles shall be required by Said company, which amount
shall, without any further appropriation, stand to the credit of the proper account,
to be used by the Commissioner of the General Land Office for the prosecution of the
survey of the public lands along the line of said road, and so from year to year until the
whole shall be completed, as provided under the provisions of this act.”
By act of July 31, 1876 (21 Stat., 121), substantially the same provision was ex-
tended to all railroad companies receiving grants of lands, “unless * * * exempted
by law from the payment of such cost.”
By the failure of the companies to pay such costs and apply for patents a large amount
of lands granted and available for railroad purposes are, under the rulings and decisions
of the Supreme Court, as enunciated in Kansas Pacific Railway Company v. Prescott (16
Wall., 603) and Railroad Company v. McShane (22 Wall., 444), substantially relieved
from State taxation, and contribute nothing to the fair support of the burden and revenue
of the local governments, and at the same time deny to the General Government the due
compensation provided by law for the surveys already extended over a portion of the
lands, and the benefit of the enlarged appropriations intended to secure further surveys
along the line of the road.
Experience has shown that, instead of aiding the Government and facilitating the
Survey and sale of the public lands along the routes, and the consequent settlement
of the country, the provision has operated to retard such laudable results, and also
has served to enable the companies to obtain such valuable parcels of land as they
may find speedy profit in selling, thus imposing the full burden of taxation upon their
grantees and other settlers who purchase lands in the same neighborhood, while refusing
to take the patents for the larger body of less valuable lands upon which such burden
would fall in the hands of the companies themselves.
It is earnestly to be desired that some means of adjustment of these grants, as a whole,
be provided, or some method devised which shall, under cover of legislative authority,
not only remedy the evil suggested, but enable this Department to reach a finality as to
the titles to be conveyed to these corporations at the earliest practicable moment, and
thus relieve an anxious and excited public feeling, already sufficiently aroused upon
the various difficult and complicated questions connected with the administration of this
momentous and important branch of public affairs.
To this end I most urgently recommend that the prompt and serious attention of Con-
gress be invited to the foregoing suggestions.
LAND GRANT RAILROADS NOT COMPLETED IN TIME.
[From the Annual Report of the Commissioner of the General Land Office for 1883.]
JUNE 30, 1883.
(For areas granted to these several roads see pages 756 to 763 erein.)
The following tables show the grants for roads not completed in time in cases where
the granting acts contain similar provisions relative to conditions or the reversion of
lands to the United States. These are classified under the following heads:
1. Where the grant provides that if any portion of the roads be not completed within
the time fixed, no further sale shall be made and the lands unsold shall revert to the
Dnited States.
80 L O—WOL III
1266 LAND GRANT RAILROADS NOT COMPLETED IN TIME.
2. Where the grant provides that if the roads be not completed within the time fixed,
no further patents shall be issued to the railroad company, and no further sale shall be
made, and the lands unsold shall revert to the United States.
3. Where the grant provides that if the road should not be completed intime the lands
not patented should revert to the United States.
4. Where the grant provides that if the road should not be completed within ten years
the lands not patented should revert to the State, and if the State should fail to complete
the road within five years after the expiration of the ten years the land undisposed of
should revert to the United States.
5. Where the grant provides that if the companies fail to file their assent to the act, or
to complete their roads as provided therein, the act shall be null and void, and all lands
not patented to the company or companies at the date of such failure shall revert to the
United States. -
6. Where the provision is that the company should complete a section of twenty or
more miles within two years and the entire road within six years.
7. Where it is provided that if the companies make any breach of the conditions of
the grant, Congress may do any and all acts necessary to secure the speedy completion
of the roads.
Statement showing States to which grants have been made to aid in the construction of rail
roads which have not been completed within the time required by law, the grants to which
provide that if any of the roads be not completed within the time therein fixed no further sales
of the lands granted for such road, or roads, shall be made, and the lands unsold shall revert
to the United States. t
§ 80'E blº
šāāśās a;
State to ". grant was Name of railroad. &## 2, #3 || 3: e
Iºlº Cle. & G 3 #5 º 5 Ö
# 3 ####| || 3 | #
ſº ū) A4
Mississippi........................... Gulf and Ship Island Aug. 11, 1856 || 11 30
Tuscaloosa to the Mobile Railroad................ Aug. 11, 1856 11 30
Mobile to New Orleans...............................
Alabama do Aug. 11, 1856 II 30
Louisiana do.....................
Alabama Selma, Rome, and Dalton............................. June 3, 1856 11 17
Coosa and Tennessee June 3, 1856 11 17
Coosa and Chattooga ... June 3, 1856 11 17
Elyton and Beard's Bluff.............................. June 3, 1856 11 17
Memphis and Charleston......... * - 6 g º O & a dº e º 'º & © a - * s tº a tº June 3, 1856 11 17
Mobile and Girard......................................... June 3, 1856 || 11 17
Savannah and Albany................................... Mar. 3, 1857 11 195
Florida, Atlantic, Gulf, and West India Transit......... May 17, 1856 11 15
Pensacola and Georgia * May 17, 1856 11 15
Florida, Atlantic, and Gulf Central............... May 17, 1856 11 15
Louisiana Vicksburgh, Shreveport, and Texas.............. June 3, 1856 || 11 18
New Orleans to the State line in the direc- || June 3, 1856 11 18
tion of Jackson, Miss.
Michigan Ontonagon and Brulé River.......................... June 3, 1856 11 21
Port Huron and Lake Michigan June 3, 1856 || 11 21
Marquette, Houghton, and Ontonagon..... #. ; }: # %
Jackson, Lansing, and Saginaw................. #: § #; # #
Northern Central Michigan....................... #: #. #; # #
Wisconsin West, Wisconsin #. # #| #| :
North Wisconsin, now Chicago, Saint ſ June 3, 1856 || 11 20
Paul, Minneapolis and Omaha May 5, 1864 13 66
Minnesota ........................... Brainerd Branch, Saint Paul and Pacific, ſ Mar. 3, 1857 | 11 195
S §º...";. Saint Paul and Mar. 3, 1865 13 526
8.IIl CèIl nsion, Saint Paul an
Pacific,ºw Saint Paul, Minneapolis and #. ; #; # #:
Manito 8. e y
:
LAND GRANT RAILROADS NOT COMPLETED IN TIME. 1267
Statement showing States to which grants have been made to aid in the construction of railroads
which have not been completed within the time required by law, the grants to which provide
that if the roads be not completed within the time therein fixed no further patents shall be
issued to the railroad company, and no further 8ale shall be made, and the lands whsold shall
revert to the United States.

Date of § º
State to w. grant was Name of railroad. act making | 3 || $
In 18018, grant. § d&
UD P+
Wisconsin ........................... Wisconsin Central......................................... May 5, 1864 13 66
TMinnesota Lake Superior and Mississippi.....................| May 5, 1864 13 64
&
Statement showing States to which grants have been made to aid in the construction of railroads
which have not been completed within the time required by law, the grants to which provide
that if the roads be not completed within the time therein fixed the lands not patented shall
nevert to the United States.

- Date of § .
State to w. grant was Name of railroad. act making | 8 &
C.
grant. 3. cº
Q P+
Minnesota Southern Minnesota Railway Extension.......] July 4, 1866 14 87
Hastings and Dakota. July 4, 1866 14 87
Missouri............................... Saint Louis, Iron Mountain and Southern... July 4, 1866 14 83
Arkansas.............................. Iron Mountain.......................... July 4, 1866 14 83
Statement showing grant made to aid in the construction of a railroad, which has not been com-
pleted within the time required by law, wherein it is provided that if the road be not completed
within ten years the lands not patented shall revert to the State for the purpose of securing the
completion of the road, and should the State fail to complete the road within five years after
the ten years aforesaid, then the lands undisposed of shall revert to the United States.
w;
* Date of 9 º
State to w. grant was Name of railroad. act making | 8 &
IX18,016, grant. § cº
U) P+
Iowa Sioux City and Saint Paul May 12, 1864 13 72

Statement showing corporations to which grants have been made to aid in the construction of
railroads which have not been completed within the time required by law, the grants to which
provide that if the companies fail to file their assent or complete their roads as provided
therein the act shall be null and void, and all lands not conveyed by patent to the company
or companies, as the case may be, at the date of such failure, 8hall revert to the United States.

º Date of | 3 | .
Corporation to which grant was made. act making | E &
grant. 3. d
Ú) 04
California and Oregon Railroad Company July 25, 1866 14 239
Oregon and California Railroad Company July 25, 1866 14 239
Statement showing corporations to which grant has been made to aid in the construction of a
railroad, which has not been completed within the time required by law, wherein it is provided
that the company 8hall complete a section of twenty or more miles of its road within two years
and the entire road within six years from the same date.

º Date of § º
Corporation to which grant was made. act making £ &
grant. § C3
U) Q4
Oregon Central Railroad Company May 4, 1870 16 94
1268 LAND GRANT RAILROADS NOT COMPLETED IN TIME.
Statement showing corporations to which grants have been made to aid in the construction of
railroads which have not been completed within the time required by law, the grants to which
provide that if the companies make any breach of the conditions thereof Congress may do
any and all acts necessary to secure the speedy completion of the roads.

Gº
Date of $g º
Corporation to which grant was made. act making £ §
grant. § cº
UD Pl:
Northern Pacific Railroad Company July 2, 1864 13 365
Atlantic and Pacific Railroad Company July 27, 1866 14 292
Southern Pacific Railroad Company............................................................ July 27, 1866 || 14 292
Texas Pacific Railroad Company, now Texas and Pacific Railway Com-
pany Mar. 3, 1871 16 573
New Orleans, Baton Rouge and Vicksburg Railroad Company, of which
the New Orleans Pacific Railway Company claims to be the assignee.....] Mar. 8, 1871 16 573
FORFEITURE OF RAILROAD LAND GRANTS.
(From the annual report of the Commissioner of the General Land Office for 1883.)
The following tables show the grants made to several States and corporations for roads
that have not been constructed within the time required by law, classified for reference
and convenience under four heads, viz:
1. Where the roads have been completed but not within the time required.
2. Where the roads have not been completed within time but which are in course of
Construction.
3. Where the roads have been partly completed and construction suspended.
4. Where no part of the roads has been constructed.
Twelve grants fall within the first classification, eight in the second, nine in the third,
and twelve in the fourth. *.
#
Statement showing States and corporations to which grants have been
made to aid in the construction
time required by law.
of railroads which have been completed, but not within the
** 69 º -
§§ #3 | # | ##
$5 O O q) g § g
bſ + .5% **t ºt ; §
tº 5's * 'tº r-, © 9 o q)
State or corpora- #53 § 3. ; : 3 #. ‘8
tion to which Name of railroad. # gº ;: O gº # 3 * : d
grant was made. ### 5 5 $3: §§ # $º
8 w; #3 ;,& O * Qº g
$33 $8 ſº Fo £3.5 || 333 ,&
$'3 × c q) § P- ă ă ă 8 : *
##3 || 3 || 3 | #3 äää #3 || 3
Q 㺠ºn- ſº 2. 2. É-
Miles.
Florida..................] Pensacola and Georgia..................... May 17, 1856 || 11 15 May 17, 1866 161 311
e Florida, Atlantic and Gulf Central...] May 17, 1856 11 15 May 17, 1866 |............... 59 59
Missouri................ sº º, Iron Mountain and July 4, 1866 || 14 || 83 July 1, 1871 20 77.84 97.84
outhern.
Michigan............... Port Huron and Lake Michigan........ June 3, 1856 II 21, June 8,1866 |.............................. 205
Jackson, Lansing, and Saginaw.... #: ; #: # # June 3, 1873 188.10 73.27 261.37
gº t * e º june 3.1856 | 11 | 20
Wisconsin.............. West Wisconsin, now Chicago, Saint º May 5, 1869 }
Paul, Minneapolis and Gmaha. # 1: i; ; 2% May 5. 1872 217.09 39 256.09
Minnesota,............. Saint Vincent Extension Saint Paul #: 1% # # §
and Pacific, nºw Saint Paul, Min-H | . *ś| # | #}| Dec. 3,1873 || 140 174 314
neapolis and Manitoba. #: ; 1873 # #
Brainerd Branch, Saint Paul and ar. 3, 1857
Pacific, now Western Railroad. #: ; #; # ; Dec. 3, 1873 |......... ......] 54.21 54.21
Southern Minnesota Railway Exten: July 4, 1866 || 14 || 87 | Feb. 25, 1877 || 149:3#| 130,34. 279;
S1OIA,
Hastings and Dakota ......... July 4, 1866 14 87 | Mar. 7, 1877 74 128.1 202.1
Lake Superior and Mississippi.......... May 5, 1864 || 13 64 May 5, 1872 30 124.42 154.42
New Orleans, Ba- | New Orleans Pacific, assignee........ ...] Mar. 3, 1871 | 16 || 573 || Mar. 3, 1876 328 328
Remarks. ,
The date of the completion of 150 miles
of this road is not known to this office.
It was, however, constructed prior to
the 106 miles given as completed since
the expiration of the grant.
Date of completion not known.
Road not built on line of definite loca.
tion.
Date of completion not known to this
O



ton Rouge and
Vicksburg.
2–3–
Statement showing States and corporations to which grants have been made to aid in the construction of railroads which have not been completed within the time re-
quired by law, but which are in course of construction.
<2 Q s •4. º º
5': # |}} | # | | | # |%
‘s 3 #3 H 35 2 f O ſº f g ©
80%- , c. 35 * tº- © . &- &-
b) Hº- *E. 8 9 C q} rd Ö () O 5
#52 rº 3 * | ºn #: *-* dº : to Pº
º'E' 3 § 3 ###| #3.5 C O 33 - || 3
State or corpora- ; $3 § 3 #33 ºś: 3-4 #?: #3
tion to which | Name of railroad. # * = 㺠& 5.3% dºc # ā; Remarks.
grant was made. 3 º'S, § 35 33%; sš § #3 §§ ‘sº
### g 33 233 H.9%: 5 : .# .#
$33 # B: § 3.3 || 3 E3 | * : O
o & 3 te g £5.3 | # 5 g ,-, * #3: | #3;
$3: # & § 3 #3; 5 §3 g ää3 ##3
3 : 3 g º º Q) ſº 3 º ºs O ;3's : E →
Q UD P+ P 2. Z. E+ 2. 2.
Florida..................| Atlantic, Gulf and May 17, 1856 || 11 15 May 17, 1866 | 155 70. 97 225.97 150 79,03
West India Transit.
Louisiana.............. Vicksburg, Shreve- June 3, 1856 | 11 18 June 3, 1866 94 94 95 95
- - port and Texas.
Michigan............... ołºgon and Brulé June 3, 1856 11 21 || June 3, 1866 |............ 20 20 75 55
Ver.
North Cº., June 3, 1856 | 11 20
In OW C a g O , une 3, -
Wisconsintºº e º e º 'º e º 'º e Saint Paul Minne- May 5, 1864 13 66 May 5, 1869 º e º 'º e º 'º - tº - - - 200 200 240 40 ſº
apolis andömaha. The date given for the completion of this
road is that fixed by the decision of the
Secretary of the Interior, dated June
11, 1879. (See General Land Office Re-
port for 1879, p. 109.) Since June 30 the
company has completed about 150 miles
additional in Montana, which with that
*:::: ºgº. º: 8, º:
ine from Superior, s., to Wallula
§§ ź. ; # ; Junction, Wash. It has also constructed
Northern Pacific...] Northern Pacific.....}|ji; iiş is | };}}|July 4, 1879| 530.5 | 1,104.58||1,635.08 | 1,812.58 |708 || #..."; º;
Apr. 10, 1869 | 16 57 Oreg., to Kalama, Wash., leaving 516
ſº 3i.1370 ið miles of its road now unconstructed, to
ay 31, wit: From Superior to the mouth of the
Montreal River in Wisconsin, 76 miles;
from Wallula Junction, Wash., to Port-
land, Oreg., 225 miles; and the branch
line in Washington Territory, 215 miles.
So far as known to this office no part
of the main line between Wallula Junc-
tion and Portland, nor of the branch
line, is in process of construction.



g

Oregon and Cali- Oregon and Califor-ſ July 25, 1866 14 239 t
fornia. nia. June 25, 1868 || 15 § {|July 1, 1880 197 45 242 118 73
Cº. a n d | California and Ore- ;uly ; ; # *; July 1, 1880 152 152 136 136
TegOn. gold. Ulne º Gº
Alºis and Pa- || Atlantic and Pacific... July 27, 1866 | 1.4 292 July 4, 1878 125 612 737 2,301 >ſ, 689 |No official evidence of the construction
CITIC,
of 162 miles of the amount, given as
constructed since the expiration of the
grant has been filed, although the same
is in operation. The number of miles
given as unconstructed includes both
main and branch lines.
º

Statement showing States and corporations to which grants have been made to aid in the construction of railroads which have been partly completed and construc-
tion suspended, 80 far as known to this office.
80 & 14 m-: ‘drº &-4 1 & 4 rd * • * rd cº
##3; # |&#3 |## | 3 |# |#
2 O Gº tºº &: * © * q) *
#s # | # 3 ||38; 3 ||3:..., |3.3
āśā’s # |### |###| 3 | ###|#:
State or corpora- ‘s a 3 # |##5 || 3: # #3
tion to which Name of railroad. #: .8 £: 's ää Hºg's §§ 3: § 3 Remarks.
grant was made. Jºš sº § ... 36 ### §§ ‘sº's #
epºt * º ; :.S. $4 *
# |#| || # |####| || # #
§ 3 ; ; ; ; #3 83 º; §§ O 5 §§ 5
§ #| # ſº Z. :**| 3 ||3: #P-
Alabama.................] Selma, Rome and Dalton...... June 3,1856 || 11 || 17 June 3, 1866 || 100 43.93 || 143.93 67.35 || 23.42 R; not built on line of definite loca-
10D,
Mobile and Girard................ June 3,1856 || 11 || 17 || June 3, 1866 84 ............ 139 Date of construction not known, no of—
ficial evidence thereof being on file.
June 3, 1856 || 11 || 21
Michigan............... Marquette and Ontonagon...< || June 18, 1864 || 13 || 137}| Dec. 31, 1872 52 ............ 52 46 46
May 20, 1868 15 252
Northern Central, Michigan #: § ; # # June 8, 1873 |............... 60 60 80 20
Iowa....................... Sioux City and Saint Paul...... May 12, 1864 || 13 | 72 | Sept. 20, 1881 || 56.25 56.25 | 263; 26áš
Wisconsin...............! Wisconsin Central.............. . 3. #|#| }}|Dec. 31,1876 * 9 || 257 93 84
Oregon Central......] Oregon Central.....................] May 4, 1870 | 16 || 94 | May 4, 1876 #, } 47% 97 97
Southern Pacific.....] Southern Pacific (main line). July 27, 1866 14 292 July 4, 1878 232 240 472 324 84 The 240 miles of road given as con-
structed since the expiration of the
grant extended from Mojave, Cal., to
The Needles on the Colorado River
and although this portion of the road
is in operation, no official evidence
of its construction has been filed.
Although 524 miles of the amount given
M 3, 1871 | 16 || 573 º º 3. .# P.i. 3.
ar. 5, Clal eviOlen Ce Of it.S COnStrüction has
Texas Pacific......... ..] Texas and Pacific........ tº dº e º e º 'º { May 2, 1872 17 59 May 2, 1882 || 705 |............ 705 778 778 been filed. The completed road is all
in the State of Texas, wherethere are
no United States lands.
* Main line. f Branch.
à

Statement showing States to which grants have been made to aid in the construction of railroads none of which have been constructed in whole or in part.
N f State to which Date of # ºf...;
8.1016 O O Wy tº ſº a | TO3,OH, SHOUl
grant was made. Name of railroad. act ºns 5 § have been Remarks.
grant. 3. § completed.
UD ſº
Mississippi Gulf and Ship Island Aug. 11, 1856 11 30 Aug. 11, 1866 | Map of definite location filed November 27, 1860.
Tuscaloosa to the Mobile Railroad Aug. 11, 1856 Il 80 Aug. 11, 1866 | No map of definite location filed.
g Mobile to New Orleans s
Alabama do................................................................. Aug. 11, 1856 11 30 || Aug. 11, 1866 Do.
Louisiana do
Alabama Coosa and Tennessee............................................. June 3, 1856 | 11 17 June 3, 1866 | Map of definite location filed January 18, 1859.
Coosa and Chattooga. June 3, 1856 11 17 June 3, 1866 | Map of definite location filed September 20, 1858.
Memphis and Charleston June 3, 1856 11 17 || June 3, 1866 | State refused to accept grant.
Elyton and Beard’s Bluff June 3, 1856 11 17 || June 3, 1866 | No map of location filed.
Savannah and Albany Mar. 3, 1857 11 195 || Mar. 3, 1867 Do.
Louisiana............................. Nº. 3. the State line in the direction of June 3, 1856 11 18 June 3, 1866 | State declined to accept grant.
ackson, MilSS. .
Arkansas Iron Mountai July 4, 1866 14 83 July 1, 1871 Road never definitely located.
1274 BOND SUBSIDIES TO PACIFIC RAILROADs JUNE 30, 1883.
INDEBTEDNESS OF THE PACIFIC RAILROADS TO THE UNITED STATES
FOR BOND SUBSIDIES TO JUNE 30, 1883.
(See pages 933 to 935.)
[Furnished by Hon. W. H. Armstrong, Commissioner of Railroads, from advance sheets of his
- annual report for 1883.]
CONDITION OF THE BOND AND INTEREST ACCOUNT.
The public debt statement issued by the Treasury Department, June 30, 1883, shows
the condition of the accounts with the several Pacific railroad companies, but takes no
account of moneys in the sinking funds held by the Treasurer of the United States, or
of the compensationforservices not at that time settled by the accounting officers. In the
following statement, the semi-annual interest which matured July 1, 1883, is included
under the heading “Interest paid by the United States:”

sº (D
§§ ~. Interest repaid by trans- # *
Öſ) re': sº ortation to credit of āś
.8 §b § ond and interest ac- sº
rd d P, tº § 3
g GD ..o $2 count. 9 ºf
re: sº $–
$ #5 aft $';
Name of railway. # §§ º ## $, $3 5ā
# #. # # ####| #
sº º ; Y.:
§ # #5 # ###| | #
Q ©
É ### # >,33 à $3 #
|- |- ſº ſo ſº
Central Pacific...... $25,885,120 $776,553 60 $23,452,555 27 || $4,592,158 25 | $648,271 96 $18,212,125 06
Western Pacific...... 1,970,560 59,116 80 1,668,248 94 9,367 10 1,658,881 94
|Union Pacific......... 27,236,512 || 817,095 36 24,957,850 41 || 8,933,292 87 16,024,557 54
Kansas Pacific ...... 6,303,000 189,090 00 6,129,333 09 || 2,969,049 59 3,160,283 50
Central Branch,
TJnion Pacific...... 1,600,000 48,000 00 1,549,808 26 152,157 10 6,926, 91 1,390,724 25
Sioux City and
Pacific................ 1,628,320 48,849 60 1,464,297 49 121,355 39 1,342,942 10
Totals........... 64,623,512 | 1,938,705 36 59,222,093 46 | 16,777,380 20 || 655,198 87 || 41,789,514 39
The total indebtedness of the several subsidized Pacific railroads to the United States
on June 30, 1883, was as follows:
TOTAL DEBT.
Union Pacific (including Kansas Pacific):
Principal ---------------------------------------- $33,539, 512 00
Accrued interest ---------------------------------- 31, 087,183 50
— $64,626,695 50
Central Pacific (including Western Pacific):
Principal ---------------------------------------- 27,855, 680 00
Accrued interest ---------------------------------- 25, 120,304 21
- — 52,976, 484 21
Sioux City and Pacific:
Principal ---------------------------------------- 1, 626, 320 00
Accrued interest---------------------------------- 1, 464,297 49
— 3,092, 617 49
Central Branch, Union Pacific:
Principal 1,600,000 00
Accrued interest * * * * * * * * = m, sº ºme ºr as sº am sm as s are me as sºme 1,549,808 26
- —— 3, 149,808 26
Total 123,845, 605 46
Bond SUBSIDIES TO PACIFIC RAILROADS JUNE 30, 1888. 1275
TOTAL CREDIT.
TRANSPORTATION SERVICES PERFORMED AND MONEY PAID INTO THE TREASURY.
TJnion Pacific:
Transportation services---------------------------- $11,902, 342 46
Half transportation applied to sinking fund---------- 1,536,379 10
Interest on sinking-fund investments---------------- 96, 318 49
$13,535,040 05
Central Pacific:
Transportation services---------------------------- 4,601, 525 25
Cash payment, 5 per cent. net earnings-------------- 648,271 96
Cash payment, sinking fund ----------------------- 633,992 48
Half transportation applied to sinking fund-------- -- 1,650, 452 68
Interest on sinking-fund investments---------------- 119, 570 70
— 7, 653,813 07
Sioux City and Pacific:
Transportation services-------------------------------------------- 121,355 39
Central Branch, Union Pacific:
Transportation services---------------------------- 152, 157 10
Cash payment, 5 per cent. net earnings-------------- 6,926 91
•==emº 159,084 01
Total.----------------------------------------------------- 21, 469,292 52
Balance in favor of the United States but not due until maturity of
principal, 1895–'99-------------------------------------------- $102,376, 312 94
- FECAPITULATION.
Due from Union Pacific------------------------------------------ $51,091,655 45
Due from Central Pacific-----------------------------------------
Due from Sioux City and Pacific---------------------------------
Due from Central Branch, Union Pacific--------------------------
45,322, 671 14
2,971,262 10
2,990,724 25
102,376, 312 94
CONDITION OF THE SINKING-FUND ACCOUNTS.
Appendix to this report (Report of Commissioner of Railroads for 1883) gives a detailed
statement showing the condition of the sinking-funds of the Union and Central Pacific
Companies, respectively, held by the Treasurer of the United States under the act of Con-
gress approved May 7, 1878, from which it will be seen that on June 30, 1883, those funds
amounted to $4,036,713.45; the Central Pacific having to its credit $2,404,015.86, and
the Union Pacific $1,632,697.59.
Investments have been made by the Secretary of the Treasury as follows:

Character of bonds. Central Pacific. Union Pacific. Total.
Funded loan of 1881, 5 per cent $736,700 00 $256,450 00 $993,150 00
Funded loan of 1907, 4 per cent 199,100 00 32,650 00 231,750 00
Currency sixes 7. 361,000 00 805,000 00
Principal 1,379,800 00 650,100 00 2,029,900 00
Premium paid 179,563 73 124,065 43 303,629 16
Total cost 1,559,363 73 774, 16543 2,333,529 16
On June 30, 1883, the amounts remaining in the United States Treasury, uninvested,
were as follows:
Credit of the Union Pacific------------------------------------------ $858, 532 16
Credit of the Central Pacific---------------------------------------- 844, 652 13
Total --------------------- gº º ºs 1,702, 184 29
1276 SCRIP TO JUNE 30, 1883.
That the sinking-fund has not accomplished the result anticipated is quite evident,
and may practically be regarded as a failure for want of suitable investment. The last
investment for the Union Pacific was made April 6, 1881, at which time a premium as
high as 35 per cent. was paid, but the company repeatedly protested against such high
rates of premium. Reference to the foregoing table will show that the sum of $650,100
has been invested at a cost of $124,065 43, or an average premium of nearly 20 per cent.
On June 30, 1882, the amount in the sinking-fund uninvested was $407,441.99, and on
June 30, 1883, it had increased to $858,532.16. This is a manifest hardship to the com-
pany, as so large an amount should be drawing a fair rate of interest.
The last investment for the Central Pacific was made November 27, 1882, the sum of
$541,800 having been invested in the funded loan of 1881 continued at 3% per cent., at a
premium of 2 per cent. The sum of $1,379,800 has been invested for this company at
a cost of $179,563.73. On June 30, 1883, the amount in the sinking-fund uninvested
was $844,652.73. *
SCRIP. --
[See Chapter XXI, pages 289,290, to June 30, 1880. See addenda, pages 949 to 926, to June 30, 1882.]
To JUNE 30, 1883.
Total scrip issued by the General Land Office, other than bounty-land scrip for mili-
tary service, to June 30, 1883, embraces in all 2,949,113.664 acres. The additional
scrip issued under various laws, to June 30, 1882, and to June 30, 1883, was as follows:
Scrip issued by surveyor-general of Louisiana, under act of June 2, 1858 219,808. 524
Scrip issued by surveyor-general of Florida, under act of June 2, 1858...— 6,250.000
Scrip issued by surveyor-general of Missouri, under acts of July 4, 1836,
and June 2, 1858------------------------------------------------ 283,567.400
Scrip issued by the Commissioner of the General Land Office pursuant to
decrees of the United States Supreme Court, under act of June 22, 1860,
and supplemental legislation ------------------------------------- 624, 269.220
Scrip issued in Satisfaction of the claims of Israel Dodge, Walter Fenwick,
and Mackey Wherry, under act of June 21, 1860 ------------------- 15,870. 610
Scrip issued in satisfaction of the claim of T. B. Valentine, under act of
April 5, 1872--------------------------------------------------- 13, 316.000
Scrip issued in satisfaction of the claim of Pascal L. Cerre, under act of
January 27, 1857---------------------------------------- - 4- ºr º gº º º ºr º 3,004. 510
Scrip issued in satisfaction of the claim of Samuel Ware, under act of De-
cember 28, 1876------------------------------------------------- 640. 000
Scripissued in Satisfaction of the claim of the heirs of Joseph Gerard, under
act of February 10, 1855----------------------------------------- 1, 920.000
Scrip issued by surveyor-general of Florida in satisfaction of the claim of
Fernando de la Maza Arredondo, under act of May 23, 1828--------- 38,000.000
Scrip issued in satisfaction of the claim of Coleman Fisher, under act of
May 14, 1834--------------------------- ------------------------ 640. 000
Scrip issued by the recorder of land titles for Missouri, under act of Febru-
ary 17, 1815----------------- * * * * * * * * * * * * * * * * * = ess as mºº sºme sº me sº * º ºs º ºs = * * * * 174, 910. 420
Scripissued under fourteenth article of treaty of March 17, 1842, with Wy-
andot Indians--------------------------------------------------- 22, 400.000
Scrip issued by surveyor-general of Louisiana, underact of June 29, 1854– 2,671.060
Scrip issued to Charles Gayarré, Louisiana--------------------------- 340. 280
Scrip issued for Las Ormigas and La Nana grant---------------------- 15,372.440
Scripissued in satisfaction of act of June 1, 1878, for Robert Cole (20 Stat.,
P. 386)--------------------------------------------------------- 2,320.000
Warrants issued under act of April 11, 1860—Porterfield warrants (12
Stats., p. 886)--------------------------------------------------- 6, 133.000
Choctaw scripissued under treaty of 1830, the greaterportion of which
has been located and patented:
Heads of families, 1,159; amount each (acres), 320--------- 370,880.00
Children over 10 years, 1,460; amount each (acres), 320----- 467,200.00
Children under 10 years, 1,192; amount each (acres), 160 -- 190,720.00
— 1,028,800.000
Chippewa half-breed scrip, Red Lake Pembina Chippewa half-breedscrip,
and Sioux half-breed scrip ---------------------------------------: 488,880.000
Total to June 30, 1883------------------------------------- 2, 949, 113.464
GRADUATION ACT AND COAL LANDS TO JUNE 30, 1883. 1277
GRADUATION ACT OF 1854.
LSee Chapter XXII, pages 291–962.]
To DECEMBER 1, 1883.
No change in the chapter as printed on page 962.
COAL LANDS.
To JUNE 30, 1883.
[See Qhapter XXIII, pages 292 to 294, to June 30, 1880, and addenda, pages 962 to 969, to June 30, 1882;
*::: º of Department of the Interior and General Land Office to June 30, 1883,” titlé
“Coal Lands.
The regulations as to entry of coal lands and forms on pages 965–969 are in effect
December 1, 1883.
NUMBER of ENTRIES To JUNE 30, 1883.
The total number of entries under this act from March 3, 1866, to June 30, 1883, was
283, containing 40,172.97 acres, realizing $623,305.65.
AREA OF COAL LANDS.
The estimate on pages 292 and 293 of the area of the coal fields on the public domain is
5,528,970, and should be increased to 10,000,000, as new discoveries to June 30, 1883,
have so increased it. This area will be constantly increased by new developmentsin the
arid regions.
The Commissioner of the General Land Office in his annual report for 1883, speaking
of fires in the public coal lands, says:
FIRES IN COAL FIELDS.
The continuous burning for a number of years of extensive coal fields at different
points in the Black Hills district of Dakota having been reported to this office, the spe-
cial timber agent on duty in that Territory was detailed to examine and carefully report
upon the matter, which resulted in a thorough investigation of two of the numerous fires
now in progress; one, the burning of a vein of coal 21 feet thick, situated in the region
of Belle Fourche River, 91 miles northwest of Deadwood; and the other, a vein of coal
24 feet thick in the vicinity of Donkey Creek.
In these two fields the fire has been raging for the known periods of three and five
years, respectively, and has originated from some unknown cause where the coal has
been exposed by the washing away of the earth. At times the earth over the fire slides
down and covers the face of the fire, causing it to Smoulder. Pent up gases are thus
generated and explode. This, with the settling of the earth from above, forms openings
acting in effect like chimneys, and causing the coal below to burn as in a furnace.
The coal croppings show that these fields abound in lignite coal extending many
miles. The surface ground is valuable for grazing purposes and grain raising, as well as
for coal mining. The fields are of great value to the Government and surrounding coun-
try; the value of the same may be compared to equal areas of coal lands in Pennsylvania.
In close proximity to these lands are mountains of iron ore of a superior grade destined
to furnish a great manufacturing industry for the West. Yº
The agent is of the opinion that excavations around the coal fields, forming a cut-off,
would serve to extinguish the fires, and presents an estimate of the probable expense in
the two cases examined, recommending that the work be let to the lowest responsible
bidder. It has also been suggested that the War Department detail an officer from Fort
Meade to make a careful and accurate examination of the matter, aided by competent
assistants. Prompt and vigorous measures should be taken to arrest the destruction of
these coal fields. This can be accomplished only by a legislative appropriation of funds
sufficient for the purpose.
1278 DONATION AND TOWN-SITE ACTS TO JUNE 30, 1883.
Statement of coal lands from March 3, 1866, to June 30, 1883.
Recapitulation to June 30, 1883 Recapitulation to June 30,
1882. g 1883.
States and Ter- º *
ritories. ‘83 + ‘s; §§
cºs | Acres. Amount. || 65 || Acres. Amount. 65 || Acres. | Amount.
2.É Žiš 2.É
Alabama 3 239.40 $2,394 00 3 239.40 $2,394 00
California.......... 21 2,674.79 $37,772 75 3 480.00 5,200 00 24 || 3,154.79 42,972 75
Colorado........... 39 5,198.43. 62,365 10 39 7, 195.41 140.708 20 78 12,393.84 203,073 30
Dakota, 5 431.13 4,311 30 5 431.13 4,311 30
Montana............ 4 520.00 5,200 00 8 851. # 15,423 80 12 | 1,371.19, 20,623 80
New Mexico...... 5 721.35 7,220 10.........]............... 5 721.35 7,220 10
Oregon .............. 2 185.18 1,851 80| 1 || 157.06 1,570 60 3 342.24 422 40
Utah.................. 50 5,790.38. 68,709 60 15 2,051.51 39,865 00 65 e 60
Washington....... 44 6,035.02, 91,109 30, 27 3.929.90 71,759 70 71
Wyoming.......... 15 || 3,435.00) 62,800 00 2 277. 22 5,544 40 §7
Total............ 180 24,560. i 336,528 s 103 15,612. s 286,777 w 283 |40,172.97. 623,305 65
DONATION ACTS.
(See Chapter XXIV, pages 295 and 297, to June 30, 1880; also addenda, page 969, to June 30, 1882.)
- To JUNE 30, 1883.
Under the several donation acts to June 30, 1883, the nation has disposed of 3,121,–
534.52 acres.
The donations to June 30, 1882, were 3,117,401.73 acres. (See page 969.)
From June 30, 1882, to June 30, 1883, the entries were as follows:
Donation claims for the fiscal year ending June 30, 1883.
• , . " No. of
States and Territories. entries. Acres.
Mew Mexico............................... 2 280.00
Oregon 12 || 3,532.67
Washington ........................................................... 1 319. 79
15 4, 132.46
TOWN-SITE AND COUNTY-SEAT ACTS.
(See Chapter XXV, pages 298 to 305, inclusive, to June 30, 1880. Also addenda, 970 to 978, to June
30, 1882.)
To JUNE 30, 1883.
Under all of the several township and lot acts there has been disposed of to June 30,
1883, 167,871.39 acres.
NAMES OF Towns LoCATED PRIOR To JUNE 30, 1882.
The names, area, and locations of towns entered prior to June 30, 1882, can be found on
pages 300 to 305 and 970 to 971.
The entries of town sites during the year ending June 30, 1883, were seventeen, con-
taining 5,076.98 acres.
ToTAL ENTRIES To JUNE 30, 1883, OF Town SITEs.
To Jume 30, 1880, under the town-site acts, there were located, on public lands, 420
towns, containing 144,131.23 acres; from June 30, 1880, to June 30, 1882, there were lo-
cated 45 towns, with an acreage of 12,626.50 acres; from June 30, 1882, to June 30, 1883,
there were located 17 towns, with an acreage of 5,076.98 acres; in all to June 30, 1883,
482 towns, with a total acreage of 161,834.71.

MINES ON THE PUBLIC DOMAIN, JUNE 30, 1883. 1279
Town-site entries approved during year ending June 30, 1883, by pre-emption division,
General Land Office.
Name. State or Territory. Acres. | Approved. Date of act.
Spearfish Dakota. ..] 320.00 July 25, 1882 | Mar. 2, 1867
Willard City TJtah 120.00 Aug. 9, 1882 Mar. 3, 1877
Santa Clara Utah-................... .................... 80.00 Aug. 9, 1882 Mar. 2, 1867
Soulsbyville California 50.29 Sept. 23, 1882 | Mar. 2, 1867
Bristol Nevada, 160.00 Sept. 23, 1882 Mar. 2, 1867
Bellevue Idaho 242.47 Aug. 16, 1882 Mar. 2, 1867
Globe A. Arizona.................................... 320.00 | Mar. 12, 1883 Mar. 2, 1867
Decatur .......... Colorado................................... 58.05 || Mar. 13, 1883 Mar. 2, 1867
Custer City w Dakota ... 640.00 | Mar. 14, 1883 Mar. 2, 1867
Jamestown California................................ 84.52 Mar. 20, 1883 || Mar. 2, 1867
Grantsville Utah 360.18 Mar. 22, 1883 Mar. 3, 1877
Wilcox Arizona, 320.00 Mar. 31, 1883 || Mar. 2, 1867
Callahan's California, 258.19 || Apr. 9, 1883 || Mar. 2, 1867
Defiance Colorado 400.00 Apr. 9, 1883 Mar. 2, 1867
Council Bluff.............................. Iowa, 621.00 Apr. 11, 1883 || Apr. 6, 1854
Salmon City................................ Idaho 442.28 June 8, 1883 Mar. 2, 1867
Montrose Colorado 640.00 June 18, 1883 Mar. 2, 1867
MINES ON THE PUBLIC DOMAIN.
(See Chapter XXVI, pages 306 to 331, inclusiº, º§une 30, 1880. See also pages 978 to 1015, to June
y
To JUNE 30, 1883.
TJnder the acts of 1866, 1870, and 1872 there have been patented as quartz, vein or
lode, or other valuable deposit mining claims in the several precious metal bearing States
and Territories of the public domain, from 1867 to June 30, 1883, 7,209 lodes, contain-
ing 67,764.21 acres, and realizing $350,746.00; under the placer acts of 1866, 1870, and
1872 there have been patented in the same localities to June 30, 1882, 1,822 placer claims,
containing 156,719.33 acres, realizing $405,266.00; in all, vein and placer, from 1866 to
June 30, 1883, patents for 9,031 claims, containing 224,483.54 acres, realizing to the na-
tion $756,012. (See Tables —.)
REGULATIONS IN EFFECT DECEMBER 1, 1883.
The mining regulations on pages 986 to 1015, together with the forms on pages 1013
to 1014, are in effect, and correct to December 1, 1883.
FORMS USED IN MINERAL ENTRIES.
IN EFFECT DECEMBER 1, 1883.
The data as to mineral-land entries on pages 1013 and 1015, and forms required and
procedurein districtland office to complete a mining title, are correct to December 1, 1883.
The forms enumerated, from 1 to 11, to be used by applicant when publication is made,
and Nos. 1 to 4, after publication, and others, are not furnished by the United States.
They can be found in “Copp's United States Mineral Lands,” laws, forms, instructions,
and decisions, second edition, Henry N. Copp, Washington, D.C., 1882, pages 527 to
548. They can also be found in the “American Mining Code,” by Henry N. Copp,
Washington, D.C., pages 67 to 87.
MINING ENTRIES AND DETAILS FOR THE YEAR ENDING JUNE 30, 1883.
(From the annual report of the Commissioner of the General Land Office for 1883.)
(N–Mineral Lands Division.) *
This division has charge of all entries, claims, and matters arising under the mining
and coal-land laws of the United States.
1280 MINES ON THE PUBLIC DOMAIN JUNE 30, 1883.
The following statement shows the quantity of mineral and coal lands sold, and the
number of entries, filings, &c., therefor, made during the fiscal year ending June 30, 1883:
MINERAL LANDS.
Acres of mineral lands sold-------------------------------------------- 31, 520.18
Mineral entries made-------------------------------------------- 2, 112
Mineral applications filed---------------------------------------- 2, 312
Adverse claims filed----------- wº, sº * * - * * * * * * * * * * * * * * - - - me • * * * * - * = m = am 390
3: * * 3: + * *
Total acres sold------------------------------------------------- 47,133.00
Mineral contests received.---------------------------------------------- 119
The principal work done by this division during the last fiscal year is shown by the
following statement:
Mineral patents issued, including the making of plats of Surveys, ------------- 1, 750
Coal patents issued-------------------------------------------------------- 51
Pages of patent record, including plats of surveys made---------------------- 9,578
Mineral entries examined, including examination of survey plats.-------- 2, 120
Mineral entries examined except as to survey-------------------------- 400
Total mineral entries examined--------------------------------------- 2, 520
Mineral contests finally disposed of.---------------------------------------- 31
Number of letters received and docketed.------------------------------------ 6,623
Number of letters Written------------------------------------------------- 6,023
Number of pages of letter record Written.------------------------------------ 4,856
The above showing of work done does not include the work done in making connected
diagrams of the surveys of mineral claims, the preparation of certified copies of papers,
the examination of ea; parte agricultural entries referred to this division upon allegations
that the land claimed is mineral, and other miscellaneous work which has to be kept up
in the division.
The following statement shows the condition of work in the division at the close of
the fiscal year:
Mineral entries unexamined------------------------------------------------ 1,085.
Mineral entries examined and in suspended files------------------------------ 986
Mineral entries awaiting examination of survey (about)----------------------- 400,
Mineral contests in files and not finally disposed of.-------------------------- 174:
Total cases not disposed of------------------------------------------- 2, 645.
NOTE.—This statement does not include the ea; parte agricultural cases in the division.
suspended upon allegations that the land is mineral in character.
DECREASE IN ANNUAL SALES OF MINERAL LANDS.
During the year ending June 30, 1882, there were 36,768.63 acres of mineral lands sold.
The statement for the year ending June 30, 1883, shows a decrease in quantity of 5,248.45.
acres. This decrease, it is believed, is due largely to the timely action taken by the De-
partment and the regulations adopted to prevent the fraudulent appropriation of large
tracts of public lands as “placers.” Soon after the beginning of the last fiscal year ap-
plications by an association of persons for patent to a placer claim were, by circular in-
structions, restricted to one hundred and sixty acres each (see paragraph 8 of circular
approved September 23, 1882), and by amendment of December 9, 1882, to said circular,
still further precautions were adopted to prevent the wrongful appropriation of public.
lands as alleged placer claims.
Excepting this decrease in the number of acres of mineral lands sold, the above state-
ments show that the volume of business under the mining laws is steadily growing.
As compared with the year ending June 30, 1882, the increase is shown as follows:
INCREASE DURING THE YEAR ENDING JUNE 30, 1883.
In number of mineral entries made -------------------------------------- 264.
In number of mineral entries examined and Suspended--------------------- 261
In mineral patents issued ----------------------------------------------- 452.
In acres of coal lands Sold----------------------------------------------- 6,978.49.
In coal filings made ---------------------------------------------------- 107
In mineral contests received------------------------------------- ... am º' -- * * * * * 91
In letters received.-------------------------------* - - - * * * * * * * * * * * * * * * * * * * 907.
In number of letters written in the division------------------------------- 1,013.
PLACER MINES TO JUNE 30, 1883. 1281
PROTESTS AGAINST MINERAL ENTRIES.
In a large number of cases protests against mineral entries come up with the final entry
papers or are filed here after the entries have reached this office. The examination of
these protests requires care and takes up considerable time. As they are examined and
disposed of in the same order as the entries against which they are filed, this workis not
stated separately, but is included in the number of mineral entries examined. These
protests frequently present intricate questions of law for consideration, and questions of
fact which have to be determined by the taking of testimony. They are often argued by
counsel, and frequently the consideration of a single protest will require much labor and
time.
OVERLAPPING SURVEYS.
In many of the surveys where there are conflicting or overlapping claims it is a matter
of the greatest difficulty to determine some of the questions that arise, and the examina-
tion for the purpose of determining the correctness of these Surveys has to be made with
the utmost care.
PLACER MINING CLAIMS.
To JUNE 30, 1833.
(See pages 982, 983.)
Statement showing the number of placer claims patented in the Several precious-metal-bearing
States and Territories of the public domain for the fiscal year ending June 30, 1883.

States and Territories. º: Total acres. | Total amount.
California...... 70 9,377.81 $23,430 00
Cregon.................................--------------------------------------------- 2 38. 06 97 50
Montana ......... ..................................................... 15 751.49 1,897 50
Wyoming.......................................................................... 2 1,200.00 1,600 00
Utah ...---------------------------------------------------------------------- 1 16. 39 42 50
Colorado...: 40 * 3,184.41 8,000 00
Dakota. …--------------------------------------------------------------------- 3 81.52 207 50
Alabama.------------------------------------------------------------------------- I 119.62 300 00
Total 134 14,769. 30 35,575 00
IRECAPITULATION.
(See pages 982, 983.)
From 1867 to June 30, 1883—The results of the various acts.
No. of Total amount
States and Territories. placers. Total acres. realized.
California. 1,018 100,821.03 $261,114 50
Oregon 69 ,785.83 9,911 50
Nevada, - 6 2,257.74 5,645 00
Idaho --------------------------------------------------------------------. 4 75.87 285 00
Montana...... 334 20,461.95 52,631 50
Wyoming.......................................................................... 9 1,851.95 3,480 00
tah 8 165. 15 630 00
Colorado 322 26,629.63 69,896 50
Dakota º: 51 450, 5 1,372 00
Alabama......... # * * * * * * * * * * * * * * * * * * * * * * * * * * * I 119.62 300 00
Total to June 30, 1883............................................... 1,822 156,719.33 405,266 00

81 L O—WOL III
1282
HOMESTEADS TO JUNE 30, 1888.
LODE, QUARTZ, OR VEIN MINING CLAIMS.
To JUNE 30, 1883.
(See pages 984, 985.)
Statement showing the number of quartz vein or lode claims, or other valuable deposit mining
claims patented in the several precious-metal-bearing States and Territories of the public domain
from 1867 to June 30, 1883, under the several mining acts.

States and Territories. ſº §: Total acres. | Total amount.
California. 74 1,256.90 $6,445
Oregon 2 41.28 210
Nevada.................................................................................. 76 1,062.52 5,500
Idaho 16 304.99 1,560
Montana................................................................................ 133 1,522.98 7,940
Wyoming............... 1 20, 66 105
Utah I29 1,052.44 5,570
Colorado............................................................................... 1,031 7,066. 14 . 38,300
New Mexico...................................... 50 1,011.84 5, 155
Arizona........ 73 1,294.75 6,660
Dakota........................................... 15 109.24 575
Total........................................... 1,600 14,743.74 78,020
RECAPITULATION.
(See pages 983, 984, and 985.)
Total lode or quartz and placer claims.
From 1866 to June 30, 1883, under all acts.
* * * No. Of -
States and Territories. lo des Total acres. | Total amount.
Arkansas 1 20. $105 00
California....................................... 898 19,633.02 97,520 00
Oregon 10 129. 58 660 00
Nevada, 927 9,269.43 47,615 00
Idaho.........................................................--------------------------. 40 663.78 3,405 00
Montana. 572 6,625.16 34,825 00
Wyoming 2 29. 150 00
TJtah 815 5,925.47 30,047 00
Colorado 3,585 ,644.03 107,274 00,
New Mexico 64 1,229.51 6,270 00
Arizona. 226 3,906.79 10,038 00
Dakota...... ..............*............. 69 523.76 2,837 00
Total vein or lode claims from 1866 to June 30, 1883.... 7,209 67,764.21 350,746 00
Number of placer claims patented from 1866 to June 30,
1883 ...............................................------------------------------------. 1,822 156,719.33 405,266 00
Grand total, vein and placer 9,031 224,483.54 756,012 00.

HOMESTEADS.
(See Chapter XXVII, pages 332 to 350, to June * see addenda, pages 1015 to 1046, to June 30,
To JUNE 30, 1883.
The regulations and procedure, pages 1017 to 1031, and the forms used in the several
entries, pages 1031 to 1046, are in effect December 1,
1883.
GREAT NUMBER OF ENTRIES.
Total entries under the law to June 30, 1883.
From May 20, 1862, date of the law, to June 30, 1883, there were made 608, 67 orig-
inal homestead entries, containing 75,215,104.17 acres. D
final entries were made, containing 25,917,210.43 acres.
uring the same period 213,486
HOMESTEADS To JUNE 30, 1883. 1283
Homº ESTEADs To JUNE 30, 1883.
The number of original homestead entries during the year was 56,565, embracing an
area of 8,171,914.38 acres, an increase of 11,234 entries and 1,823,769.33 acres over the
previous year. Final proof was made on 18,998 entries, embracing 2,504,414.51 acres.
One thousand and ninety soldiers’ additional claims were presented, of which 569 were
approved and 156 rejected.
RECOMMENDATIONS AS TO AMENDMENT OF THE HOMESTEAD LAWS.
For recommendations of Commissioner afid proposed action of Congress on the
amendment of the homestead laws, see pages 683 and 1063.
INDIAN HOMESTEADS.
(See pages 1032 and 1045–1046.)
The Commissioner of Indian Affairs, in his annual report for 1883, says of
INDIAN HOMESTEAD ENTRIES.
I again, and for the third time, invite attention to the necessity of legislation by Con-
gress to enable Indians to enter lands under the fifteenth and sixteenth sections of the
act of March 3, 1875, extending to Indians the benefits of the homestead act of May 20,
1862, without the payment of the fees and commissions now prescribed by law, or to the
necessity of placing a fund at the disposal of the Department which can be used for such
payments. I have again submitted an estimate for the sum of $5,000, and, as stated in
my last annual report, I trust that Congress will either amend the law so as to allow
Indians to enter homesteads without cost to them, or make appropriation of the sum
estimated.
In this the Secretary of the Interior, Hon. H. M. Teller, in his annual report for 1883,
concurs. He says:
In this I heartily concur. I think when an Indian will settle on land, intending to
make it his home, he ought to be encouraged in so doing.
1284 RESULTS OF THE HOMESTEAD ACTS To JUNE 30, 1883.

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TIMBER AND STONE ACTS TO JUNE 30, 1883. 1285
TIMBER AND STONE ACT.
(See Chapter XXVIII, pages 357 to 359, to June 30, 1880; addenda, pages 1047 to 1087, to June 30, 1882.)
To JUNE 30, 1883.
From June 3, 1878, the date of the act, to June 30, 1883,456,743.91 acres of timber and
stone lands have been Sold.
REGULATIONS IN EFFECT DECEMBER 1, 1883.
Instructions to special timber agents, from pages 1053 to 1081, are in effect December
1, 1883. The regulations as to entries and forms, from pages 1084 to 1087, are also in
effect December 1, 1883.
TIMBER AND STONE LAND ENTRIES FOR THE FISCAL YEAR 1883.
Two thousand one hundred and one entries, embracing 297,735.50 acres, were made
under the timber and stone land act of June 3, 1878, (chiefly timber-land entries), being
an increase of 1,373 cntries and 202,498.48 acres over the previous year, in the States of
California, Oregon, and Nevada, and Washington Territory, to which States and Territory
only the act is applicable.
RECOMMENDATIONS AS TO THIS LAW AND ITS ABUSES.
See page 1165 for recommendations as to this law and the frauds committed under it,
especially as to the grabbing of the timber lands of the Pacific coast by home and for-
eign capitalists. Also, see page 684.
SPECIAL TIMBER AGENTS TO DECEMBER 1, 1883.
For list of special timber agents to September 13, 1883, see page 1051 herein. For list
to December 1, 1883, seepage 1237. These special ‘agents are appointed by the Secretary
of the Interior and act under direction of the Commissioner of the General Land Office and
aid in the suppression of timber depredations.
RECOMMENDATIONS OF THE COMMISSIONER OF THE GENERAL LAND OFFICE, 1883.
For recommendations of the Commissioner of the General Land Office for the fiscal
year 1883, as to the timber lands of the United States, see pages 1165 and 1166; also, see
page 684.
GREAT NUMBER OF ENTRIES IN CALIFORNIA IN 1883.
More entries with greater area under this act were made in California in the year 1883
than made in the other three States and Territories to which it applies from 1878 to 1883.
These entries were all suspended for color of or actual fraud; in Washington Territory as
well.
The Commissioner, in his report for 1883, gives the following in regard to timber
trespass:
TIMEER TRESPASS.
Special agents were employed during the year for the protection of the public timber.
The number of trespass cases investigated and fully reported was 987. Three hundred
and thirty-one criminal actions and two hundred and eight civil suits were commenced.
Propositions of settlement were received and acted upon in 154 cases. Five hundred
and sixty cases are now pending in the courts, and 294 cases are waiting further investi-
gation and action of this office.
The amount of timber involved in trespass cases investigated was upwards of 300,000,-
000 feet, at an estimated market value of over $8,000,000 and a stumpage value of
nearly $2,000,000.
1286 PROTECTION OF PUBLIC TIMBER JUNE 30, 1888.
The amount recovered or paid into the Treasury in cases in which final action has
been had was $33,260.59. The amount involved in pending suits is $208,929.28, and
the amount due on accepted propositions of settlement $12,736.27.
I found it necessary to cause an investigation to be made of alleged extensive depreda-
tions near the Canadian frontier in the State of Minnesota, and anticipate as a result the
discontinuance of trespasses from the Canada side.
Agents cannot be sent to such distant points, far from settlements and lines of public
travel, without camping outfits and the necessary assistance for making surveys and
measurements, all of which involve greater expense than can be continuously main-
tained under existing appropriations.
FOREST FIREs.
Several reports have been received relative to the destruction of large bodies of timber
by cyclones and forest fires. Negotiations are in progress to dispose of fallen and of
scorched standing timber in these cases.
Public notices, calling for information of fires and pointing out methods for prevent-
ing their spread, have been furnished special agents for posting in timber districts, and
these measures and the duties performed by agents in case of fires have been the means
of saving much timber during the past year. Ten extensive fires have recently occurred,
in seven of which the agents have performed valuable service in checking and extinguish-
ing the same, although greatly retarded in such work on account of the necessary limit
placed upon their expenditures.
The appropriation for the timber service should permit the employment of persons
under the direction of the special agents to watch against and give prompt notice of
fires, and take efficient measures at the first outbreak of a fire to check its progress.
[From the Annual Report of the General Land Office, 1883.]
P.—Special Service Division.
In charge of special timber agents.
(See pages 1048 to 1050 for operations for the years 1881 and 1882.)
Since the presentation of my last annual report there has been placed under the direc-
tion of what was then known as the Timber Depredations Division, having charge of the
special agents appointed to aid in protecting the timber upon the public domain, the Su-
pervision of all the special agents appointed to examine and report upon all cases of
fraudulent entry of public lands, to examine mineral Surveys, and to perform various
other duties under the direction of this Bureau. The division is now styled the Special
Service Division.
The work performed therein during the past fiscal year is summarized as follows:
Letters received and registered.---------------------------------------------- 5,930
Letters Written ------------------------------------------------------------ 3, 119
Pages of record------------------------------------------------------------ 2,637
PROTECTION OF PUBLIC TIMBER.
For this branch of the service there have been continuously employed during the greater
part of the year twenty-five special agents. Towards the close of the year thirteen addi-
tional agents were employed.
The following statements present in brief the results accomplished by these special
agents during the fiscal year, the number of cases investigated and reported, the value
involved in the same, the amount received and amount still due on account of accepted
propositions of settlement, the amount involved in civil suits, and the amount and kind
of material involved, and the stumpage and market value of the same:
Statement showing number of timber-trespass cases reported during the fiscal year and action
taken.
Cases reported -------------------------------------------------------------- 987
Criminal prosecutions instituted ---------------------------------------------- 331
Civil suits instituted.-------------------------- ------------------------------- 208
Propositions of settlement acted upon ----------------------------------------- 154
Cases awaiting further investigation and action--------------------------------- 294
PROTECTION OF PUBLIC TIMBER JUNE 30, 1883. 1287
Statement showing action taken on propositions of settlement.
Propositions of settlement received------------------------------------------ 174
Propositions of settlement accepted.------------------------------------ 85
Propositions of settlement rejected.------------------------------------ 69
Propositions of settlement awaiting action------------------------------ 20
Total.-------------------------------------------------------------- 174
Statement showing number of cases in which legal proceedings have been instituted, and number
of cases disposed of, so far as reported to this office.
Civil suits disposed of------------------------------------------------ 36
Civil suits pending-------------------------------------------------- 172
208
Criminal suits disposed of-------------------------------------------- 43
Criminal suits pending----------------------------------------------- 288
331
Total number of cases in which legal proceedings have been instituted.---- 539
Statement showing amount and kind of timber, lumber, and other material involved in cases re-
ported to this office during the fiscal year, also showing the estimated Stumpage and market
value of the same.
Feet of timber------------------------------------------------------ 301, 140,487
Number of railroad ties---------------------------------------------- 2,485,956
Number of trees---------------------------------------------------- 55, 583
Number of logs----------------------------------------------------- 1, 281,648
Number of poles---------------------------------------------------- 41, 640
Number of sticks of square timber ----------------------------------- 2,244
Number of cords of bark -------------------------------------------- 2, 178
Number of posts---------------------------------------------------- 135,256
Number of Shingles------------------------------------------------- 900,000
Number of cords of wood-------------------------------------------- 91,669
Number of pickets-------------------------------------------------- 33, 800
Number of acres of land trespassed upon in which amount of timber is
not stated.-------------------------------------------------------- 62,013
Estimated market value of timber above stated.------------------------ $8,144, 658
Estimated stumpage value of same ----------------------------------- 1,709,824
Statement showing amount involved in cases acted upon, and amount accruing to the Govern-
ment thereby.
Amount reported paid into court on account of civil suits dis-
posed of---------------------------------------------- $11,629 52
Amount involved in civil suits pending, or which have been
disposed of, and not reported to this office--------------- 208,929 28
Total amount involved in civil suits instituted.------------------- $220, 558 80
Amount of fines reported paid in criminal suits disposed of.------------- 6, 625 61
Amount paid to receivers of public moneys in settlement of
accepted propositions---------------------------------- $12,754 73
Amount due on propositions of settlement accepted.-------- 12,736 27
Total amount involved in propositions of settlements accepted.----- 25,491 00
Amount reported received by receivers of public moneys for timber dis-
Posed of---------------------------------------------------------- 2,250 73
Total amount paid in and involved in suits---------------------- 254, 926 14
Amount of appropriation -------------------------------------------- 75,000 00
Balance in favor of the Government ---------------------------- 179,926 14
In considering the above statement due allowance must be made for civil suits pend-
ing, in many of which there may be a failure to secure verdicts for the full amount of
damages claimed, although in every case where civil suit has been instituted the parties
are reported to be financially responsible.
1288 RESULT OF STONE AND TIMBER ACT To JUNE 30, 1883.
It should also be taken into consideration that reports have been made in 294 cases,
which, from lack of sufficient clerical help, are yet unacted upon. The amountinvolved
in these cases would materially increase the figures already given. A considerable por-
tion of the time of special timber agents during the fiscal year has been taken up in in-
vestigating cases of alleged fraudulent entries and of illegal fencing of public lands in
localities where there was no other agent for that purpose.
Fewer propositions of settlement were accepted during the last fiscal year than during
the year previous. This was owing to the abandonment of the policy of establishing a
uniform rate of stumpage. Such policy was found to operate in the interest of flagrant
violators of the law, and afforded them opportunity to escape on the same terms as inno-
cent or unintentional trespassers.
Therefore the existing policy is not to accept or entertain any proposition of settlement
unless there are mitigating circumstances in the case, making it neither just nor proper
to institute legal proceedings. In each case the measure of damages to be paid is de-
termined by the circumstances of trespass. The various instructions to special timber
agents have been compiled in pamphlet form, giving explicit directions in any case of
trespass that may arise, the laws relating to public timber, all circularinstructions, rules,
and regulations in force under those laws, and forms of reports, affidavits, &c., for their
official use.
Several reports have been received at this office relative to large bodies of publictimber
destroyed by cyclones, and large bodies of burned standing timber. Negotiations are
now in progress relative to disposal of the same in order that it may be utilized and saved
from waste.
Public notices relative to forest fires have been prepared to be posted by the special
timber agents in conspicuous places, which, in connection with the instructions to the
agents relative to their duties in case of such fires, has had a most beneficial effect, and
has been the means of saving millions of feet of public timber.
Information has been received of ten extensive forest fires since the notices referred to
were issued, in seven of which the special timber agents have performed valuable serv-
ices in checking and extinguishing the same, although they have been greatly retarded
in such work on account of the necessary limit placed upon their expenditures. This
feature of the service needs special attention, and it is hoped that the next appropriation
for protecting the public timber will be sufficient to enable this office to give it the con-
sideration it is entitled to, and to authorize the employment of persons under the direc-
tion of special timber agents to watch, and take prompt measures at the first outbreak
of a fire to check its progress, which otherwise would gain uncontrollable headway and
destroy more valuable timber in one day than is felled in a year.
While much has been effected toward suppressing depredations upon the publictimber
near the centers of population, and in preventing wanton waste and destruction in such
felling and removing of timber as is sanctioned by law for the construction of railroads,
and for mining and domestic purposes, the fund has been expended with so much neces-
sary caution in order to maintain the force in the field and provide for possible contin-
gencies and emergencies, that it has been wholly inadequate for the more expensive re-
quirements of the service at remote points.
It has been found necessary to check the depredations upon timber lands of the United
States in Minnesota, near the northern international boundary line, committed by parties
from the sparsely timbered sections of the Dominion of Canada. Special agents cannot
be sent to these far-distant points without proper camping outfit and the necessary assist-
ance for survey and measuring; all of which requires greater expense than could be in-
curred continuously with the amount appropriated for the timber service.
Much greater vigilance is needed than has been possible with the force of special agents
employed to prevent the cutting of timber on the public lands in New Mexico and Ari-
zona to be exported to Mexico and there used in building the railways of that country.
SALES OF TIMBER AND STONE LANDS FOR THE FISCAL YEAR 1883.
[See pages 359 and 1052.]
The results of the stone and timber act to June 30, 1882, can be found on page 1051.
The total area to that date was 159,008.41 acres; for the year 1883, 297,735.50 acres; in
all a grand total to June 30, 1883, of 456,743.91 acres.
TIMBER CULTURE ACT, JUNE 30, 1883. 1289
Sales of timber and stone lands for the fiscal year ending June 30, 1883.

States and Territories. *::::: Acres.
gº. a * * * * * * * 1,242 180,799.54
evada
Oregon..............................---------------------------------------------------------------------------------- 132 15,912. 52
Washington 727 | 101,023.44
Total - 2,101 297,735.50
TIMBER CULTURE.
[See Chapter XXIV, pages 860–862, to Juge % º: ma also addenda, pages 1088 to 1103, to June
To JUNE 30, 1883.
The rules and regulations on pages 1091 to 1093 are in effect December 1, 1883.
The forms on page 1091 to 1103 are in effect to December 1, 1883.
REPEAL OF THE LAW.
For recommendations as to the amendment of this law, see page 683. For recom-
mendations as to the repeal of this law and for statement of frauds under it, see Mr.
Commissioner McFarland's annual report for 1883, cited on page 1164 herein.
AREA ENTERED UNDER THIS LAw. - *
To JUNE 30, 1883.
The number of first or original entries under this law since its date, March 3, 1873,
was 101,358, containing 16,768,076.70 acres, an area about equal to the area of the
States of West Virginia and Delaware. The number of final or consummated entries
to June 30, 1883, was 500, containing 67,589.46 acres. The statistics are given in full
below. -
;

Statement showing the number of timber-culture entries, with areas, made during the year 1883 in each State and Territory, and recapitulation from March 3,
1873, to June 30, 1883.
Recapitulation to June 30, 1882. 1883. Recapitulation to June 30, 1883.
Original entries. Final entries. Original entries. Final entries. Original entries. Final entries.
States and Territories. *4-4 **t * * &- *-4
O O O O Q o .
# 3 : 3 # 3 # 3 #: 3 # #
§§ wº # # | # ai §§ e # e # | #
§ g § 8 E § à º Q1) 5 ;: É 5 g # ă g $4
Q Q) ;3 Q) Q) Q9 § Q9 . Q q) Q) Q)
Z; <! Z. <! Z. <! Z. <! 2. <! Z. <!
Arizona 88 11,866.08 33 4,336.85 121 16,202.93
Arkansas * 3 231.92 1 160.00 3 391.92
California ......................................... 1,245 168,413.53 º 327 44,670.05 1 160.00 1,572 213,083.58 l 160.00
Colorado 1,101 153,373.87 I 160.00 413 58,685.02 |...... a * 1,514 212,058.89 l 160.00
Dakota * * * * * *s 31,178 4,870, 802.15 4 521.68 1,199 1,755,419.58 111 || 14,968. 12 32,377 6,626,221.73 115 15,489.80
Idaho 1,089 141,903.25 |...... 310 40,105.17 |............].................. 1,399 182,008.42 |............l...............
Iowa.................... 640 55,151.51 |...... 42 3,373.40 20 2,165.33 . 682 58,524.91 20 2,165.33
Kansas. 22,252 3,594,775.49 71 9,915.52 | 1,690 237,860.95 185 24,965.06 23,942 3 **** 256 || 34,
Louisiana - * * 28 3,417.85 52 7,754.26 11,172.11 |............l...............
Minnesota 10,266 1,510,382.56 21 2,998.50 883 122,750.39 84 11,495.25 11, 149 1,633,132.95 105 || 14,493.75
Mont 497 63,273.25 403 53,952.71 |............ 117,225.96 |............!...............
Nebraska...... 17, 183 2,338,155.60 68 9,975.42 3,216 481,704.70 317 | 43,522.32 202399 2,819,860.80
Nevada...:......................................... 30 4,120.00 2 280.00 l............l................. 4,400.00 |............l.............. tº
New Mexico...... 87 11,619.13 159 22,091.82 |...... 83,710.95 l............l...............
Oregon 1,570 232,954.86 767 116,334. 14 2 240.00 2,337 349,289.00 2 240.00
Utah.................................................. 137 16,144.59 62 7,509.99 1 28,654.58 |............]...............
Washington...................................... 3,332 476,841.52 944 139,737.05 3 320.00 4,276 616,578.57 |............]...............
Wisconsin 1 40.00 l............l..................l............l........................ 1 40.00
Wyoming......................................... 30 8,679.21 98 14,204.15 128 17,883.36
90,757 18,657,146.47 165 23,571.12 20,601 3,110,930, 23 723 || 97,836.08 || 101,358 16,768,076.70 500 | 67,589.46
DESERT LANDS TO JUNE 30, 1883. 1291
DESERT LANDS.
{See Chapter XXX, pages 363, 364, to June 30, #:* also addenda, pages 1104 to 1111, to June 30,
To JUNE 30, 1883.
REGULATIONS BLANKS AND FORMS IN EFFECT DECEMBER 1, 1883.
The official regulations given on pages 1104 to 1106 are in effect December 1, 1883.
Also the forms used in and procedure in desert-land entries as given on pages 1106 to
1111.
For the evils growing out of and abuses under this law, see Mr. Commissioner McFar-
land’s annual report for 1883, cited on page 1165, herein; also see pages 684 and 1221.
AREA EMBRACED IN FIRST ENTRIES TO JUNE 30, 1883.
From March 3, 1877, to June 30, 1883, there have been 5,103 entries under this act,
containing 1,607,310.22 acres, realizing to the nation, in entry fees, $401,036.62.
FIRST ENTRIES OF DESERT LANDS DURING THE YEAR ENDING JUNE 30, 1883.
The number of entries made under the desert-land act of March 3, 1877, during the
fiscal year ending June 30, 1883, is 1,254, embracing an area of 436,633.69 acres, realiz-
ing $109,186.91; which is an increase of 271,677.75 acres as compared with such entries
made during the previous fiscal year.
Sales of desert lands during the year 1883 to June 30, under the act of March 3, 1877.

No. Of
entries. Area.
First entries.
Arizona............................................................................................................ 71 36,584.78
California, * * * * * * 69 23,511.10
Idaho... 199 58,562. 11
Montana...... - 2I3 71,315.47
Nevada, 2 120,00
New Mexico........... § s • * * * * * * * 129 33,781.67
Oregon...... 52 13,673.50
Utah.................................................................................................................. 137 34,313.27
Washington................................................... e e º a tº e s tº º º e s is ſº 58 25,616.29
Wyoming......................................................................................................... 324 139,155.50
1,254 436,633.69
Recapitulation of first entries by fiscal years.
Years. Entries. Acres. Amount.
1877................................................................................................ 741 271,604.91 $67,654 69
1878 - - - 957 298,586.07 74,168 45
1879.................. • 6 º' g c tº e s e e º - a s g º º e - © tº e º - e º ºs & e º º ºs e º e º 'º e º e º a tº 4 611 164,368.30 40,994 95
1880................................................................................................ 546 162,601.29 40,652 63
1881 Total to June 30, 1880........................ 2, ; ; #. 57 || 223,470 72
• * * * * ~ * * * * * * * * * 08,560.02
1882 ............................................................................................... 568 j } 68,378 99
Total to June 30, 1882...... e - s 3,849 1,170,676.53 291,849 71
1883. 1,254 436,633.69 || 109, 18691
Total to June 30, 1883........................ - 5, 103 || 1,607, 310.22 | 401,036 62

FINAL DESERT-LAND ENTRIES.
If all first entries are consummated and the final one dollar per acre paid (twenty-five
cents per acre being paid at time of first entry), the nation will realize on the area en-
tered to June 30, 1883, $2,008,346.84. For final desert entries for the years 1882 and
1883 see pasters, “statements of entries for years 1882–83, facing pages 521 and 521.”
*. - - --~~~~~ ,- --——---ºr-ra-i-Herz -r-,-------- - -- ~ - - - - --------- F - -
1292 PRIVATE LAND CLAIMS ADDITIONAL TO JUNE 30, 1833.
PRIVATE LAND CLAIMS.
See Chap. XXXI, pages 365 to 410, to June 30, 1880; also addenda, pages 1111 to 1157, to June 30, 1883.)
ADDITIONAL–To JUNE 30, 1883.
The addenda, pages 1111 to 1157, brings this chapter, with statistics and map, down to
June 30, 1883, and in most particulars to December 1, 1883.
The recommendations on pages 1155 to 1157 of the Commissioner of the General Land
Office, taken from his annual report for 1883, are valuable and pertinent.
RECOMMENDATIONS OF SURVEYORS-GENERAL, 1883.
(See pages 1121 to 1125.)
RECOMMENDATIONS OF THE SURVIEYOR-GENERAL OF AIRIZON A.
J. W. Robbins, surveyor-general of Arizona, in his annual report to June 30, 1883,
says:
SPANISH LAND GRANTS.
“This branch of the business of my office necessarily progresses slowly on account of
the difficulty of obtaining such evidence as is necessary in determining the merits of the
claims presented. This difficulty results from various causes:
First. Within my immediate reach there are no original records in which historic data
may be found, or standards for the comparison of handwriting;
Second. The dates of the grants are so far back that it is very difficult to find witnesses
who can testify in relation thereto; and,
Third. The description of boundaries given in the original title papers are often sovague
that it is almost impossible to fix the location of the tract granted, even when the orig-
inal title papers are found to be genuine. Several important cases which were before the
office on my taking charge are still pending for the reason that the claimants have failed
as yet to furnish the necessary evidence, and some very important new claims, among
them being the grant to Miguel de Peralto of 300 square leagues, or 1,350,000 acres, have
been lately presented, which will require much labor and considerable time in the pro-
curement of evidence and in the investigation thereof.
Of the grants made by the treasury department of Sonora between 1822 and 1854, the
original records are to be found in the capitol at Sonora, and in relation to this class of
grants there is but little difficulty in obtaining the required archive evidence; but in re-
lation to grants made before 1822 by the Spanish Government there are several places
where the ancient records may be found, and which places it may be necessary to visit
in order to compare copies with originals and to obtain other proofs necessary in determin-
ing the validity of such claims.
Apart from the grants made by the General Governments of Spain and Mexico, many
small grants were made by the commandants of presidios under the decree of 1791. Of
these no records were kept, save in the local archives of the presidios. The presidios of
Tucson and Tubac were located in the present Territory of Arizona, and that of Santa
Cruz near the boundary thereof. Under the Spanish Government grants were made by
the commandantes of these presidios, some of which have been presented for examination,
and more doubtless will be presented; but since, with the abandonment of these ancient
presidios, the records perished, there is no archive evidence of these presidial grants in
existence, and their investigation therefore is attended with much difficulty.”
RECOMMENDATION OF THE SURVEYOR-GENERAL OF NEW MEXICO.
(See pages 1123 to 1125.)
Henry M. Atkinson, surveyor-general of New Mexico, in annual report to June 30,
1883, says of Spanish and Mexican land grants:
PRIVATE I, AND CLAIMS.
The following private land claims have been filed during the past year, viz:
No. 192, Antonio Jacques et al.; No. 193, Santa Clara Pueblo; No. 194, Elquea grant
(refiled); No. 195, Sito de Navajo tract.
Testimony has been taken in a number of cases, and final action had in the following:
Reported No. 130, town of Albuquerque, approved.
Reported No. 131, Juan Pablo Martin, approved.
Reported No. 132, Antonio de Salazar, approved.
PRIVATE LAND CLAIMS ADDITIONAL TO JUNE 30, 1883. 1293
Reported No. 133, Antonia Rosa Lujan, approved.
Reported No. 134, San Mateo Spring, approved.
In the latter case four leagues Square were claimed, but as the granting decree re-
stricted the claim to one square league it was approved to that extent only.
The transcript in these cases will be forwarded as soon as they can be prepared. The
case of (reported No. 117) Juan de Jesus Lucero, grant rejected in 1879, and reopened
for the introduction of further testimony, has not been closed, as the parties are slow in
introducing their evidence. I am convinced that the grant is a forgery, as shown on the
face of the papers.
I again, for the eighth time, call attention to the unsatisfactory results of adjusting
these grant titles under the present system. It is all-important that Congress should
fix a limitation of time in which all claims of this character should be filed and pros-
ecuted and thereafter barred, and some more safe and speedy method should be pro-
vided for their adjudication, as the present one is unsatisfactory and unsafe, both for
the Government and claimants.
As to the plans to be adopted I will reiterate the statement made in my last annual
report. -
(See pages 1123 to 1125 for this.)
MINIERAL ON UN CONFIRMED LAND GRANTS.
(See page 1125.)
Mr. Atkinson continues:
There is another feature in these grant cases which I again desire to call attention to,
and which should receive the early consideration of Congress; I refer to the right to the
mineral on unconfirmed grants.
The local Spanish and Mexican authorities were empowered to make grants for agri-
cultural purposes, but they were not authorized to alienate the right to the mineral;
hence the latter was by force of law reserved to the Spanish or Mexican Government,
and upon the acquisition of this Territory by the United States the right to the mineral
within the limits of these grants became vested in this Government. Yet there is no
statutory provision permitting the miner to acquire a right to what mineral he may dis-
cover thereon.
There should be some legislation by Congress whereby the Government can realize
from the mineral interest in grants and the prospector secure to himself the benefits of
discoveries upon tracts of this character, on payment to the claimants the value for agri-
cultural or pastoral purposes of the area claimed as necessarily used in mining, to-
gether with such other reasonable compensation for such damages as the proprietors of
the grant may sustain in the premises by virtue of an easement to the miners, whereby
they can have ingress to and egress from the mines over the lands of the claimants, and
the appropriation of necessary timber for mining purposes.
CONDITION OF BUSINESS IN THE PRIVATE LAND-CLAIMs DIVISION OF THE GENERAL LAND OFFICE,
JUNE 30, 1883.
For exhaustive statements as to claims pending and business during the year in this
division see pages 51 and 52, annual report of the General Land Office for 1883. -
-*
C H A P T E R X X XVI.
THE NATIONAL PARK.
DECEMBER 1, 1883.
The insertion of a chapter on the National Park is warranted by the fact that it was
a portion of the public domain, and a portion of it may be returned to it. It is the
largest reservation of the kind in the world, and its being reserved is due to the labor
of a few earnest men. The preservation of its curious natural wonders is largely due
to Col. P. W. Norris, its former superintendent.
Natural wonders and venerable or interesting relics of architectural value or do-
mestic use on the public domain should be preserved. The Shoshone Falls, on Snake
River, Idaho, lie adjacent to surveyed lands; we shall shortly expect some enterpris-
ing person to capture the land lying around the falls, aided by some one of the numer-
ous settlement or other disposition laws. Deposits of sulphur, nitrate of soda, and
other indispensable elements of war, now disposed of as “valuable minerals,” should
also be reserved by the Government. Many of the old Indian and Mexican ruins in
Arizona, Colorado, New Mexico, and California should be reserved, along with other
remains of former civilizations. The big trees of California, such as are on public
lands, should also be reserved, as well as hot, sulphur, and other mineral springs, which
are scattered over the Western public lands, should also be reserved for the common
good.
LOCATION OF THE PARK.
The Park or reservation lies in the northwest corner of Wyoming Territory, ex-
tending on the north and west into Montana and Idaho Territories. In or immedi-
ately adjacent to it rise Lewis fork of the Columbia River, Snake (or Shoshone as it
is commonly known), Green River, fork of the Colorado, flowing into the Pacific Ocean.
The Jefferson, Madison, Gallatin, and Big Horn, and other branches of the Missouri
and Mississippi, which flow into the Atlantic, also originate within or near its bor-
derS.
ITS DISCOVERY.
John Coulter, a sergeant in the expedition of Lewis and Clarke in 1805, after his
discharge, along with a portion of the Sheep Eater (Bannock) Indians, explored this
region. His description was received with ridicule, and until about 1859 this region
was known in derision as “Coulter's Hell.”
AREA OF THE PARK.
The Park is an oblong square, 65 miles in length from north to south, and 55 miles
wide from east to west, and contains 3, 575 Square miles, or 2,288,000 acres, or more
than the area of Rhode Island and Delaware.
1294
THE NATIONAL PARK DECEMBER 1, 1883. 1295
HOW LEGISLATION TO RESERVE WAS OBTALNED.
On December 18, 1871, Hon. S. C. Pomeroy, of Kansas, introduced into the United
States Senate a bill for the reservation of a national park near the source of the Yel-
lowstone River. Hon. William H. Claggett, Delegate from Montana, introduced a
duplicate of this bill in the House of Representatives about the same time. After
reference to the Committees on Public Lands in each body, a favorable report was
made by both. Mr. Mark H. Dunnell, of Minnesota, for the House Committee on
Public Lands, made the report, and the bill passed the House without amendment.
It became a law March 1, 1872. The most urgent advocate of this measure, and the
one person who did the most to secure this law, was Doctor F. W. Hayden, who pre-
pared the map, data, and the House committee's report, at the request of Hon. C.
Delano, Secretary of the Interior. The act was as follows:
ACT OF DEDICATION.
AN ACT to set apart a certain tract of land lying near the headwaters of the Yellowstone River as
a public park.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That the tract of land in the Territories of Montana and Wyom-
ing lying near the headwaters of the Yellowstone River, and described as follows,
to wit: commencing at the junction of Gardiner's River with the Yellowstone River
and running east to the meridian passing ten miles to the eastward of the most east-
ern point of Yellowstone Lake; thence south along the said meridian to the parallel
of latitude passing ten miles south of the most southern point of Yellowstone Lake;
thence west along said parallel to the meridian passing fifteen miles west of the most
western point of Madison Lake; thence north along said meridian to the latitude of
the junction of the Yellowstone and Gardiner's Rivers; thence east to the place of
beginning, is hereby reserved and withdrawn from settlement, occupancy, or sale un-
der the laws of the United States, and dedicated and set apart as a public park or
pleasure ground for the benefit and enjoyment of the people; and all persons who
shall locate, settle upon, or occupy the same or any part thereof, except as hereinafter
provided, shall be considered trespassers and removed therefrom.
SEC. 2. That said public park shall be under the exclusive control of the Secretary
of the Interior, whose duty it shall be, as soon as practicable, to make and publish
such rules and regulations as he may deem necessary or proper for the care and man-
agement of the same. Such regulations shall provide for the preservation from injury
or spoliation of all timber, mineral deposits, natural curiosities, or wonders within
said park, and their retention in their natural condition. -
The Secretary may, in his discretion, grant leases for building purposes, for terms
not exceeding ten years, of small parcels of ground, at such places in said park as
shall require the erection of buildings for the accommodation of visitors; all of the
proceeds of said leases, and all other revenues that may be derived from any source
connected with said park, to be expended under his direction in the management of
the same and the construction of roads and bridle-paths therein. He shall provide
against the wanton destruction of the fish and game found within said park and
against their capture or destruction for the purpose of merchandise or profit. He
shall also cause all persons trespassing upon the same after the passage of this act to
bé removed therefrom, and generally shall be authorized to take all such measures as
shall be necessary or proper to fully carry out the objects and purposes of this act.
Approved March 1, 1872.
SUPERINTENDENTS OF THE PARK.
In 1872 N. P. Langford, esq., of Montana, was appointed superintendent of the
Park, but without compensation.
In 1877 Col. P. W. Norris, of Norris, Mich., an indefatigable explorer and mount-
aineer, succeeded Mr. Langford as superintendent, and so continued until 1882. He
opened up the Park to tourists, and laid out and improved paths and roads. His
annual reports for 1879, 1880, and 1881 contain much practical information and his-
torical data. The rules and regulations provided under his administration were as
follows:
1296 THE NATIONAL PARE DECEMBER 1, 1883.
Rules and regulations of the Yellowstone National Park.
DEPARTMENT OF THE INTERIOR,
Washington, D. C., May 4, 1881.
1. The cutting or spoliation of timber within the Park is strictly forbidden by law.
Also the removing of mineral deposits, natural curiosities or wonders, or the displace-
ment of the same from their natural condition.
2. Permission to use the necessary timber for purposes of fuel and such temporary
buildings as may be required for shelter and liké uses, and for the collection of such
specimens of natural curiosities as can be removed without injury to the natural fea-
tures or beauty of the grounds, must be obtained from the superintendent; and must
be subject at all times to his supervision and control.
3. Fires shall only be kindled when actually necessary, and shall be immediately
extinguished when no longer required. Under no circumstances must they be left
burning when the place where they have been kindled shall be vacated by the party
requiring their use. º
4. Hunting, trapping, and fishing, except for purposes of procuring food for visitors
or actual residents, are prohibited by law; and no sales of game or fish taken inside
the Park shall be made for purposes of profit within its boundaries or elsewhere.
5. No person will be permitted to reside permanently within the Park without per-
mission from the Department of the Interior; and any person residing therein, except
under lease, as provided in section 2475 of the Revised Statutes, shall vacate the
premises within thirty days after being notified in Yºº so to do by the person in
charge; notice to be served upon him in person or left at his place of residence.
6. The sale of intoxicating liquors is 8trictly prohibited.
7. All persons trespassing within the domain of said Park, or violating any of the
foregoing rules, will be summarily removed therefrom by the superintendent and his
authorized employés, who are, by direction of the Secretary of the Interior, specially
designated to carry into effect all necessary regulations for the protection and pres-
ervation of the Park, as required by the statute, which expressly provides that the
same “shall be under the exclusive control of the Secretary of the Interior, whose
duty it shall be to make and publish such rules and regulations as he shall deem
necessary or proper”; and who, “generally, shall be authorized to take all such mea-
sure; as shall be necessary or proper to fully carry out the object and purposes of this
act.”
Resistance to the authority of the superintendent, or repetition of any offense
against the foregoing regulations, shall subject the outfits of such offenders and all
prohibited articles to seizure, at the discretion of the superintendent or his assistant
in charge.
P. W. NORRIS,
Superintendent.
Approved:
S. J. KIRKwooD,
Secretary.
Colonel Norris was succeeded in 1882 by P. H. Conger, the present superintendent.
REFERENCES. {}
For a complete and thorough description—physical and scientific, with much histori-
cal data—of the Yellowstone National Park, see volume 12, Annual Report of the
United States Geological and Geographical Survey of the Territories, F. W. Hayden,
United States Geologist, in charge, in two parts, with an atlas. Washington, 1883.
The illustrations and letter-press are exhaustive, and the preparation of the several
divisions of the work was done by experts under Dr. Hayden's immediate direction and
observation. Also, see guide-books and Northern Pacific and Union Pacific Railroad
guides. Also, see reports of Superintendent of National Park for 1879, '80, '81, '82,
and 1883. Also, see “Calumet of Coteau.” P. W. Norris, J. B. Lippincott & Co.,
Phila., 1883, page 235, and following, for data as to discovery and explorations of the
Park.
DISTANCES IN THE PARK.
To illustrate the size of the reservation and the distance between points of interest,
the following data from the Report of the Secretary of the Interior for 1881 is given:
THE NATIONAL PARK DECEMBER 1, 1888.
1297
Synopsis of roads, bridle-paths, and trails in the Yellowstone National Park.

• *-* -— — ---— - - --
Road towards Bozeman.
s sº as - e. e s as as - e s = • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s a • * * tº gº º gº -
Northern boundary line of the National Park, below the mouth of the Gardiner
Ver - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Direct road to the Forks of the Fire Hole River.
From headquarters at the Mammoth Hot Springs to Terrace Pass..................
Swan Lake. ------------------ ------------------------------ • * * * * * * * * * * * * * *s tº e º 'º º º sº º º
Crossing of Middle Fork of Gardiner River.---------------------------------------.
Willow Park, upper end ------------------------------------------------------- -----
Obsidian Cliffs and Beaver Lake.....................---------------- • * * * * * * * * = e e s - -
Green Creek . . . . .-----------------------------------------------------------------
Hot Springs.----------------- • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Norris Fork Crossing ---------------------------------------------------------------
Norris Geyser Basin ----------------------------------------------------------------
Geyser Creek and forks of the Paint Pot trail.-------------------------------...---- º
Head of Cañon of the Gibbon and foot-bridge on trail to Monument Geysers.......
Falls of the Gibbon River -----...--------------------------------------------------.
Cañon Ceeek ----------------------------------------------------------------------.
Earthquake Cliffs-------------------------------------------------------------------
Lookout Terrace -------------------------------------------------------------------
Road from Forks of the Fire Hole River to foot of the Fellowstone Lake.
From Marshall's Hotel to forks of the road near Prospect Point............... • * * - -
Hot Springs.-----------------------------------------------------------------------
Rock Fork -------------------------------------------------------------------------
Willow Creek......... - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Foot of the grade up the Madison Divide.-----...-...----------...-----------------
Upper end o *: Lake -------------------------------------------------------
Sulphur Lakes and Hot Springs.--------------------------------------------------.
Alum Creek Camp------------------------------------------ * * * * * * * * * * * * * * *e is e - e e s m = -
Sage Creek Crossing----------------------------------------------------------------
Fork of the road to the falls near the Yellowstone River....... ---...---------......
Mud Geysers ----------------------------------------------------------------------.
Grizzly Creek ------------...---- - - - - - - * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Foot of the Yellowstone Lake. ----------------------------------------------------.
Branch road to the Great Falls of the Yellowstone.
From Forks of the Fire Hole River to forks of the lake road to the Great Falls, as
above -----------------------------------------------------------------------------
Sulphur Mountain -----------.. -----------------------------------------------------
Alum Creek------------------------------------- * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Upper Falls of the Yellowstone, bridle-path ------..........------......... . . . . . . . . .
Crystal Falls and Grotto Pool, bridle-path..........................................
Lower (Great) Falls of the Yellowstone ------.......................................
Road to Tower Falls.
Headquarters at the Mammoth Hot Springs to bridge over the Gardiner River.....
Bridge over the East Fork of the Gardiner River..................................
# Falls to East Fork of the Gardiner River....... ... --...--...--........... . . .
Black Tail Deer Creek --------------------------------------------------------------
Pava Beds --------------------------------------------------------------------------
Dry Canon, or Devil's Cut ----------------------------------------------------------
Pleasant Valley --------------------------------------------------------------------
Porks of the Yellowstone ...-------------------------------------------------------.
Tower Falls ... . . . . . . . . . ... • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Geyser Basin road.
Marshall's Hotel to forks of road at Prospect Point .............. ..................
Old Camp Reunion ----------------------------------------------------------------.
Fountain Geyser in the Lower Geyser Basin.-----.................... - - - - - - - - - - - - - -
Excelsior Geyser, in the Midway Geyser Basin.....................................
Old Faithful, in the Upper Geyser Basin ............. ..............................
Madison Plateau road.
Marshall's Hotel to Forest Spring --------------------.............----...----------
Marshall's Park....... -------------------------------------------- sº s m ºn e s sº e s - e s = e º sº.
Lookout Cliffs ----------------------------------------------------------------------
Riverside Station and Forks of Kirkwood or Lower Madison Cañon road to Virginia
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * = a s = e s = < e s e e e s e e e s e s = -
City
IBridge over South Madison River.----------........................................
82 L O—WOL III -
Between
points. Total
Miles. | Miles.
* e º e - e º ºs as º 1.99
5. 00 6, 99
gº tº ºn e - - e º 'º - 1.93
3.21 5. 14
2. 33 7. 47
3. 50 10, 97
1. 37 12. 34
1. 40 13. 74
1.68 16, 18
4.17 20, 36
. 71 21.06
3.13 24. 19
. 72 24. 91.
8.75 28.66
. 59 29, 25
3.00 32.25
1. 59 33.75
2.43 36. 18
º º ſº a º - e ºs º º 1. 00
1.08 2,08
3. 86 5.94
2. 00 7. 94
2. 00 9.94
1.91 11.85
1. 12 12, 97
2. 00 14, 97
2.00 16, 97
5.00 21.97
2.00 23, 97
3.00 26.97
3.26 30, 23
& e º º º e º ºs s a 21.97
1. 50 28.47
1.61 25. 08
3.26 28.34
. 40 28. 74
. 24 28.98
& º ſº tº a tº se e = . 1. 77
. 38 2. 15
2. 06 4, 21
2.70 6.91
2.00 8.91
4. 69 13. 60
2. 28 15. 88
2. 48 18. 36
3.19 21. 55
* * * - - - - º 'º - 1.00
1. 00 2. ()0
1.00 3.00
2.00 5. ()0
6. 00 11. 00
º & © e º 'º e s = e 3.00
2. 12 5. 12
3.59 8.7k
8, 52 12. 23
º gº tº ſº º ºr & & & e 28. 70
1298 THE NATIONAL PARK DECEMBER 1, 1883.
Synopsis of roads, bridle-paths, and trails in the Yellowstone National Park—Continued.
Between
points. Total.
Madison Cañon road.
Miles. | Miles.
Marshall's Biotel to forks of road to the Mammoth Hot Springs.--------------------|---------. 4.00
Mouth of the Gibbon River --------------------------------------------------------- 5. 00 9. OO
Foot of the Madison Caſion --------------------------------------------------------- 6. 00 15.00
Riverside Station------------------------------------------------------------------- 3.00 | 18.00
Queen's Lawndry road.
Marshall's Hotel to crossing Laundry Creek---------------------------------------- - tº tº º ºs º - * * * 1. 00
Twin Mounds ---------------------------------------------------------------------- . 00 2. 00
Queen's Laundry and bath-house--------------------------------------------------- . 50 2. 50
A bridle-path 3 miles long extends from there to the Madison Plateau road, and
another is partially completed v.a Twin Buttes and Fairy Falls to the Midway
Geyser Basin. . -
Middle Fork of the Gardiner bridle-path.
Headquarters at the Mammoth Hot Springs to the West Gardiner-----........... --|---------- 2. 00
Falls of the Middle Gardiner-------------------------------------------------------- 2. 00 4.00
Sheepeater Cliffs.------------------------------------------------------------------- 2. 00 6. 00
Boad to the Geysers ---------------------------------------------------------------. 1. 00 7. 00
Painted Cliff bridle-path.
Meadow Camp to head of Grand Cañon --------------------------------------------|---------- 1. 00
Safety Valve Pulsating Geyser ----------------------------------------------------- 1, 00 2. 00
Yellowstone River at Painted Cliffs ........ * * * * * * * * * * * * *s as a s tº s sº us s an a ºn as as as e s as tº as s tº e s = e = * 1.00 3.00
º Paint Pots bridle-path.
Mouth of Geyser Creek to the Paint Pots...----------------------------------------- * - ºr º e º sº - as a 1. 00
Geyser Gorge.------------------------------------------------ -------- sº e s m e º me as as a • * * * 1. 00 2. 00
Earthquake Gorge.----------------------------------------------- tº a sm ºn tº e = e º ºs e º ºs e º ºr º e 2.00 4.00
Rocky Fork Crossing --------------------------------------------------------------- 2.00 6. 00
Mary's Lake Road, near Yellowstone Creek.--------------------------------------. 5.00 11.00
• - Mount Washburn bridle-path.
Tower Falls to Forks of Trail. ---------------------------------------------------- - tº º Le tº * * * * * 1. 87
To Summit of Mount Washburn --------------------------------------------------- 4, 13 6. 00
Cascade Creek ---------------------------------------------------------------------. 7. 22 13. 22
Great Falls of the Yellowstone.---------------------------------------------------. 2.00 15. 22
- Grand Cañon bridle-path.
Tower Falls to Forks of Trail ---------------------------------------------------------------- 1. 87
Antelope Creek--------------------------------------------------------------------- 4.00 5. 87
Rowland's Pass of Mount Washburn.......---------------------------------------- 2.00 7.87
Glade Creek -----------------------------------------------------------------------. 2.47 10.34
Mud Geyser ------------------------------------------------------------------------ 1. 00 11. 34
Hot Sulphur Springs --------------------------------------------------------------- . 83 12, 17
Meadow Camp and fork of Painted Cliffs bridle-path Trail ----...-----------------. 1. 59 13, 76
Brink of the Grand Cañon----------------------------------------- º º ºs s = • * * * * * * * * * * * 1. 00 14.76
Lookout, Paint, and forks of trail into the caſion below the falls.................... 2. 19 16.95
Great Falls of the Yellowstone.---------------------------------...----. - -, ºr ºs - - - - - - - . 74 17. 69
Shoshone Lake bridle-path.
Old Faithful, in the Upper Geyser Basin, to Kepler's Cascades..........................----- 1.94
Leech Lake.------------------------------------------------------------------------ 2.72 4.66
Norris Pass, Continental Divide ---------------------------------------------------- 3.00 7. 66
DeLacey Creek, Pacific waters ----------------------------------------------------- . 97 8. 63
Two-Ocean Pond, on Continental Divide. --...-----------------------------------...--. 3. 50 12. 13
Hot Springs at head of thumb of the Yellowstone Lake. --------------------------. 2.99 15. 12
Hot Spring, on Lake Shore --------------------------------------------------------- 2. 02 17. 14
Hot Spring Creek------------------------------------------------------------------- 4.00 21. 14
Natural Bridge---------------------------------------------------------------------- 7. 44 28, 58
Outlet of Yellowstone Lake -------------------------------------------------------- 4. 68 33. 26
Miners' bridle-path.
Baronette's Bridge, at forks of the Yellowstone River, to Duck Lake ..... --...----|---...----- 1. 76
Ameythyst Creek. ---------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - 8. 30 10. 06
Crossing, East Fork of Yellowstone River ----------------------------------------- 2. 16 12. 22
Gamekeeper's Cabin ---------------------------------------------------------------. . 50 12.72
Soda Butte, medicinal springs.----------------------------------------------- * - - ſº tº º & 2. 65 15. 37
Trout Lake ------------------------------------------------------------------------- 2. 00 17.37
Tound Prairie ---------------------------------------------------------------------- 3.00 20. 37
North line of Wyoming------------------------------------------------- * tº ºn tº sº tº ºn tº ſº dº º tº 3. 84 24.21
Clarke's Forks Run Camp, near northeast corner of the Park ---------------------- 3.18 27. 39
#
THE NATIONAL PARK DECEMBER 1, 1883.
1299
Synopsis of roads, bridle-paths, and trails in the Yellowstone National Park—Continued.
Between
points, j. Total.
Hoodoo or Goblin Mountain bridle-path.
p Miles. | Miles.
Gamekeeper's cabinſ on the Soda Butte, to Hot Sulphur Springs ...-----------------|.......... 2
Ford of Cache Creek ---------------------------------------------------------------. 1 |, 3.
Alum Springs and return ----------------------------------------------------------- 4 7
Calfee Creek------------------------------------------------------------------------ 4 11
Miller's Creek ---------------------------------------------------------------------- 2. 13
Mountain Terrace ------------------------------------- * - - - - - - - - - - - - - - - - - - - - - - - - - - - - 8 21
Old Camp--------------------------------------------------------------------------- 5 26
Goblin Labyrinths ------------------------------------------------------------------ 2 28
Monument on Hoodoo Mountain---------------------------------------------------- 1 29
Fossil Forest bridle-path.
Summit of Amethyst Mountain --...--------...----. • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * , 3
Gamekeeper's cabin to foot of Mountain.----------...--------...--------------------- 8 ' ' ' 6
9range Creek----------------------------------------------------------------------- 5, * 11
Sulphur Hills ----------------------------------------------------------------------- . . . 4 * 15
Forks of Pelican Creek------------------------------------------------------------- 8 23
Indian Pond at Concretion Cove of the Yellowstone Lake .-----...------........... 5 28
Lower Ford of Pelican Creek-----------------------------------...------------------ 3 31
Foot of the Yellowstone Lake ------------------------------------------------------ .* 3 34
Passamaria or Stinking water bridle-path. -
Concretion Cove to Turbid Lake. --...----------------------------------------------- • * *** * * * * * * * '' 3
Jones' Pass of the Sierra Shoshone Range ---...--...--...... ------.......... --------- - 10
Confluence of the Jones and Stinkingwater Fork of the Passamaria River --------. 12 22
Nez Percé bridle-path.
Indian Pond to Pelican Valley ------------------------------------------------------|---------- 3
Ford of Pelican Creek---------------...------...--...--...-- • * * * * * * * * * * * * * * * * * * * - - tº º ºs º gº 3 6
Nez Percé Ford of the Yellowstone. ----------------------...------...----------------. 6 12
Alwm Creek bridle-path.
From the Great Falls of the Yellowstone, via Crystal Fails and Grotto Pool and
the Upper Falls, to the mouth of Alum Creek-------------------------------...---. 4 4
Terrace Mountain Trail.
Headquarters at the Mammoth Hot §º. amongst the numerous active and ex-
tinct Mammoth Springs, to foot of the Ancient Terraces -------------------------|------...-. 1
§§ º pine, fir, and cedar clad terraces, to summit of the mountain.-----...----. 1 2
Along the range of the vertical cliffs, for 400 to 800 feet high. -- - - - - - - - - - - - - - - - - - - - - - | 2 | 4
Descent of South Terrace to Rustic Falls, 40 feet high, at the head of the impassa-
ble cañon of the West Fork of the Gardiner River.----........................... 1 5
Upon the southern cliff, above these falls, is a Sheepeater arrow-covert, and the
remains of an ancient game-driveway thereto.
Swan Lake, on the Fire Hole road.--------------------------------. ---------------- 1 5
£r.
Trail to the Falls of the East Gardiner River.
From the road near the middle of the cañon along the eastern declivity, one mile----|----...... 1
To the fall, not unlike the famous Minnehaha, and like which, allows a safe path-
way between the sheet of water and the wall rock. |
Monument Geyser Trail. +
Foot-bridge at head of the cañon of the Gibbon, which ascends nearly 1,000 feet
within a distance of one mile, some portions of which are exceedingly difficult for
a horseman, and hence called a trail.--------------------------------------------- e - m ms tº e º ºs º ºr 1.
The active and the extinct and crumblinÉ geyser cones are alike uniquely inter-
esting, and the outlook remarkably beautiful
Trail, or foot-path, to head of the Great Falls of the Yellowstone.
Leaves at the lower end of the camping ground above, and descends 500 or 600 feet
within one-fourth of a mile to the pole-bordered outlook at the very head of the cat-
aract.
Trail to the Yéllowstone River below the Lower Falls of the Yellowstone.
This trail descends §§ Run from the rustic bridge nearly to its waterfall,
thence along the steep declivity beneath Lookout Point in a winding, dangerous
way, to the foaming river, which cannot now be ascended, along it, as formerly, to
the foot of the fails upon this side; but can be reached upon the other, via the tim-
ber-fringed gorge. -
The main danger is from detached fragments of rock, which attain incredible
volocity before reaching the river.
Besides these trails there are several others to fossil forests, cliffs, #. ser or sul-
º: basins or falls, which will be fully noted in the forthcoming guide-book of the
8.T.R. -
1300 THE NATIONAL PARK DECEMBER 1, 1883.
Recapitulation of distances, roads, bridle paths, and trails within the Park.
ROADS.
* Miles
1. Road to the north line of the Park, towards Bozeman, about.----. m º ºs º º Gº tº 7. 00
2. Direct road to the Forks of the Fire Hole Rivers------------------------- 36.00
3. Road from Forks of the Fire Hole Rivers to the foot of the Yellowstone
Lake, about ------------------------------------------- - - - - - - - - - - - - - - 30.00
4. Branch road from Sage Creek to Alum Creek-----------...-----...----------. 4.00
5. Tower Falls road, about ---------------------------------------* -------- 21.50
6. Geyser Basin road------------------------------------------------------ 11.00
7. Madison Plateau-------------------------------------------------------- 24.00
8. Madison Cañon--------------------------------------------------------- 18.00
9. Queen's Laundry ------------------------------------------------------- 2.50
153. 00
BRIDLE-PATH8.
1. Middle Gardiner-------------------------------------------------------- 7.00
2. Painted Cliffs --------------------- tº e º an e º ºs is e s sº * * * * * * * * * * * * * * * * * * * * * * e º as ºn 3.00
3. Paint Pots------------------------------------------------------------- 11. 00
4. Mount Washburn. ------------------------------------------------------ 15. 00
5. Grand Cañon from the Forks, about------------------------------------. 16. 00
6. Shoshone Lake.-------------------------------------------------------- 33. 00
7. Mines, to Clark's Fork, about ------------------------------------------- 27.00
8. Hindoo or Goblin Mountain--------------------------------------------- 29.00
9. Fossil Forest----------------------------------------------------------- 34. 00
10. Passamaria------------------------------------------------------------- 22. 00
11. Nez Percé Ford--------------------------------------------------------- 12. 00
12. Alum Creek ------------------------------------------------------------ 4. 00
213. 00
TRAILS.
1. Terrace Mountain ----------------------------------------------------- 6.00
2. Falls of the East Gardiner ---------------------------------------------- 1. 00
3. Monument Geyser ------------------------------------------------------ 1. 00
4. To head of Great Falls of the Yellowstone, about 200 yards.
5. To river below the Great Falls of the Yellowstone, 200 yards.
8. OO
Superintendent Conger, in his report dated October 1, 1882, calls attention to acts of
VANDALISM IN THE PARK.
I have hardly the patience to discuss this subject without passion. The most of the
depredations committed seem to me so entirely purposeless that I am unable to con-
ceive the cause that impels men and women to wantonly destroy, purely for destruc-
tion's sake. What are we to think of a man that will pack long poles, as heavy as he
can carry, a great distance, for the purpose of thrusting them into the cone and down
the throats of these great geysers, when the only possible effect must be to obstruct
their flow and mar their beauty? This is done repeatedly, although I have neglected
no opportunity to warn, admonish, and entreat all tourists whom I have met in the
Park not on any account to do so. I have also by published order forbidden the col-
lection of any specimens, and cautioned all persons having occasion to build a fire in
the Park to be certain to extinguish the same before leaving camp. But, notwith-
standing all this, tourists go into the Park with iron bars and picks secreted in their
wagons, with the express intent to disregard the law and defy the Superintendent.
The cones of the great geysers are already badly defaced, and vast tracts of the beau-
tiful forests that adorn this Wonder-Land are laid waste by fire annually through the
wanton carelessness and neglect of visitors.
Another source of great annoyance are the hunters in the Park. I am sure you will
agree with me that it is not possible for a single gamekeeper to guard so vast a terri-
tory as the National Park and prevent the breach of the laws in regard to the killing
of game. When we consider the temptation, and the opportunity which these vast
solitudes afford, we need not wonder that the laws are broken and the orders dis-
obeyed. But I leave it for the superior wisdom of the honorable Secretary of the In-
terior to suggest some remedy for these evils.
THE NATIONAL PARK DECEMBER 1, 1883. 1301
APPROPRIATIONS FOR THE CARE OF THE PARK.
Congress each year makes an annual appropriation for the care of the Park. It is
expended subject to the approval of the Secretary of the Interior. Men are employed
to watch, drive out marauders, and to open new roads and paths. Mr. Conger, in his
last report, speaking of the annual allowance for care of and opening the Park, says:
In this connection I would call the attention of members of Congress to the fact
that heretofore the annual allowance for all purposes in the Park has been only
$15,000; and I beg them to inquire of themselves how far this sum would go toward
building and repairing the roads in their State or district, and also to bear in mind
that this Park is on the top of the Rocky Mountains, and that everything that enters
into use there costs at the least twice as much as the same would cost in almost any
of the States.
PRIVILEGES GRANTED IN THE PARK.
Details as to this lease can be found in Senate Ex. Doc. No. 10, second session Forty-
seventh Congress, being a letter of the Secretary of the Interior of December 11, 1882,
transmitting to the Senate, in response to a resolution of December 7, copies of agree-
ments with certain parties for privileges in Yellowstone Park. Also see—
Senate Ex. Doc. No. 48, second session Forty-seventh Congress, being a letter from
the Secretary of the Interior of date January 16, 1883, in response to Senate resolu-
tion of January 9, transmitting copies of all letters and communications in regard to
the contract made by him with certain parties for granting privileges in and leasing
portions of the Yellowstone National Park.
RATES AND FARES TO AND IN THE PARK.
Rotund-trip tickets from Ogden, Utah (Union Pacific Railroad), over the Utah and
Northern Railroad to the Park and return are sold at $45 each. At Beaver Cañon
connection is made with Bassett Brothers Tourist Line for the Park. Distance from
Beaver Cañon to Fire Hole Basin is 100 miles over a good mountain road. Time re-
quired for the trip is two days (stopping over night), and fare for roundtrip is only $25.
The Park Branch of the Northern Pacific Railroad is now open. It leaves the main
line at Livingston, Montana, so that tourists can go all the way to the border of the
Park by rail. No railroad is permitted to enter the Park.
Stages will convey them from the railroad terminus to the new hotel at Mammoth
Hot Springs, where carriages, guides, and saddle-horses will be furnished for visiting
all the many wonderful features of this great pleasure-ground of the nation. The rate
of fare from Saint Paul, Minn., to Mammoth Hot Springs and return is about $90.
Tourists who desire to camp out can hire tents and camp equipage and engage
guides at Mammoth Hot Springs.
ROUTES TO THE PARK.
Superintendent Conger, in his report for 1882, says:
The tourist desiring to visit the Park, who may be, we will say, at Chicago, has his
choice of either of the great Pacific railroads. The Union Pacific via Omaha to Og-
den, thence by the Utah Northern to Beaver Cañon, where he takes stage or private
conveyance up the valley of the Snake River to the Lower Fire-Hole Basin, a little
over 100 miles from the railroad. Or he can take the northern route via Saint Paul
and the North Pacific to Livingstone (Benson's Landing), from whence a branch road
is to be built, I am informed, early next season, to the borders of the Park near my
headquarters, 65 miles from Livingstone
GUIDE-BOOKS TO THE PARK,
The most exhaustive guide-book to the Park can be found in the work entitled the
“Calumet of the Coteau.” Also, see the guide-book published by the Yellowstone
National Park Improvement Company, and by the various railroads leading to the
Park.
1302 THE NATIONAL PARK DECEMBER 1, 1883.
ACCOMMODATIONS FOR TRAVELERS.
The Yellowstone National Park Improvement Company, of which Mr. Rufus Hatch,
of New York, is president, under a lease from the Secretary of the Interior, as provided
by law, has erected hotels and other accommodations for the use and benefit of tourists.
The hotel at Mammoth Hot Springs is under the management of this company.
Under the terms of the lease the Secretary of the Interior must approve the rates
and charges made by the Yellowstone National Park Improvement Company. The
following are the approved rates:
Stage-route fares, Yellowstone National Park Improvement Company.
[Single trip rates.]
Final terminal station of railroad at Cinnabar to Mammoth Hot Springs.----. $1 00
Mammoth Hot Springs to Norris Geyser Basin.-----------...------------------- 4 00
Mammoth Hot Springs to Lower Geyser Basin -------------------------------- 7 50
Mammoth Hot Springs to Upper Geyser Basin.------------------------------- 9 00
Mammoth Hot Springs to Lake Outlet ---... up sº sº me • * * * * * * * * * * * * * * * me s = * * * * * * * * * - 16 00
Mammoth Hot Springs to Great Falls ---------------------------------------- 19 00
Norris Geyser to Upper Geyser Basin ----------------------------------------- 5 00
Norris Geyser to Lake Outlet -----...-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 12 00
Norris Geyser to Great Falls------------------------------------------------- 15 00
Lower Geysers to Upper Geysers --------------------------------------------- 1 50
Lower Geysers to Lake Outlet ----------------------------------------------- 8 50
Lower Geysers to Great Falls ------------------------------------------------ 11 50
Upper Geysers to Lake Outlet ----------------------------------------------- 7 00
Upper Geysers to Great Falls ---------------------------- -------------------- 10 00
Lake Outlet to Great Falls -------------------------------------------------- 3 00
Round trip rate from Mammoth Hot Springs to cover all of above points ----- - 25 00
The rate from the temporary stations of railroad to Mammoth Hot Springs to
be a pro rata per mile of the round trip rate. &
Approved July 17, 1883.
. . . . H. M. TELLER,
Secretary of the Interior.
Schedule of hotel charges, Yellowstone National Park Improvement Company.
Board and lodging, single room, per day.------------------------------------- $5 00
Two persons in single room, each, per day ------------------------------------ 4 00
Attic, fourth story, single room, per day--------------------------------------- 3 50
Two persons in attic room, each, per day------------...------------------------ 3 00
Private parlor, per day ------------------------------------------------------ 5 00
Private baths in bedrooms, each ---------------------------------------------- 75
Baths in bathing hall, each -------------------------------------------------- 50
Meals served in rooms, each-------------------------------------------------- 50
Guides or cooks for private camps, per day--------...--------------------------- 4 00
Hire for “A” tents, for private camps, per day -------------------------------- 1 00
Board and lodging in tents at fixed camps, per day--------------------------- 5 00
Saddle horse or pony, per day------------------------------------------------ 3 50
Saddle horse or pony, first hour ---------------------------------------------- 1 00
Saddle horse or pony, each subsequent hour ---------------------------------- 50
Pack horses or mules, per day, each.------------------------------------------ 2 50
Wagon hire, double team, per day, with driver ------...------------------------ 10 00
Single horse and buggy, per day--------------------------------------------- 6 00
Billiards, per game ---------------------------------------------------------- 25
Pool, per game, each player -------------------------------------------------- 10
Bootblacking, per pair ------------------------------------------------------- 10
Guide-books, periodical publications, newspapers, &c., at 20 percent. above pub-
lishers' selling rates.
Approved July 17, 1883.
H. M. TELLER,
Secretary of the Interior.
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- - jºseº Paºzzº | Aºetzzzzzzo. Azz - ** 12. Hoodoo. Morzyztºre. ---
* 5, 7%urnt of £7te P3??onzºzone Zzke 15 63 rºto-Mazzzzzoth Hot Springs. 19 |36 o rºzzTazzºz. 29 tº



















































































































































































































































































































































































































































































































































IN ID E X .
A.
Page.
Acquisition, by purchase, conquest, and treaty, of territory to national and
public domain.--------------------------- s tº gº gº º ºs º gº tº ſº gº tº tº ſº gº gº tº sº sº gº tº dº º ºs º ºs º gº º ºs º ºs 89–145
Acre of public domain, cost per ------------------------------ tº º º gº ºn e º nº ºr m 'mº e º sº º ºs 21
purchases of public domain, cost per .......!---------------------------- 21
public domain disposed of, amount received per-...--...----...--- ** * is sº as s = 21
Acres and location of entries under homestead act since 1862.--...----- 350, 1015, 1284
under desert-land act ------------------------------ 363, 1104,1291
under timber-culture act...------------------------- 361, 1090, 1190
Administration of the public lands, system of.-----------------------------. 164,552
Administrative staff of the General Land Office to June 30, 1883, and to De-
cember 1, 1883 ---------------------------------------------------------- 552,1230
Agents, special, for timber service, results of labor of.----------...----. 358, 1047–1285
Agricultural lands, area of, remaining --------------------------------------- 22,521
what are, and how taken, existing law ------...--------- 411, 1161
and mechanical colleges ---------------------------------------- 223
grants for----------------------------- 229,230
names and locations of .---------------. 230
SCTlp - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 711, 1160
Alabama, railroad grants to ------------ ... • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 262
mineral lands in -------------------------------------------------- 546,980
State of, population at periods, Territorial organization, convention
to form a constitution in, sketch of legislative history of, up to ad-
mission into the Union - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 426
area of, by counties, census 1880 --------------------------------1190,1199
Alaska, purchase of, from Russia (see Russia).------------------------------. 138–145
boundary of.-------------------------------------------------------- 3–9
cost of per acre ----------------------------------------------------- 21
mineral probabilities of.--------------------------------------------- 325
survey and examination of, suggested -------------------------------- 27
status of legislation as to ------------------------------------------. 457
private land claims in ----------------------------------------------- 409
Annapolis, meeting of commissioners from colonies at--...----. ---------------- 58
Annexation of republic of Texas, and present location of territory embraced in 124
Appropriations for surveys, how made --------------------------------------- 191
Arable lands, rapid disposition of.------------------------------------------- 23–519
Area of national domain ----------------------------------------------- 1, 2, 10, 1158
State cessions------------------------------------------------------- 10, 11
cession to United States by Connecticut ----------------------------- 87
Georgia.---------------------------------- 87
Massachusetts --------------------------- 87
New York-------------------------------- 86
North Carolina--------------------------- 87
South Carolina--------------------------- 87
Virginia --------------------------------- 86
total of, by States.----------------------- 88
1304 - INDEX.
Page.
Area of cession by Mexico, Guadalupe Hidalgo, 1848........ • - - - - - - - - - - - - - - - - - º34
Florida purchase of 1819, cost and present location.------------------ 120
Louisiana purchase of 1803, cost and present location ... --.. - - - - - - - - - 105
Mexico purchase of 1853 (Gadsden), cost and present location ........ 138
Mexico purchase of 1848 (Guadalupe Hidalgo), cost and present loca-
tion -------------------------------------------------------------- 134
Russia purchase of 1867 (Alaska), cost and present location ...-------. - 145
State of Texas purchase of 1850, cost and present location.----------- 135
republic of Texas annexed to United States, and present location .... 124
public domain ---------------------------------- ---------------- 10, 11, 1158
“public land strip”... --- .* - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -462, 1167, 1187
precious metal and mining lands on public domain . - - - - - - - - - -------- 325,979
lands granted for canals, wagon, and military wagon roads. .258,260,287,753,
* f 1261
railroads ----------------------------------------. 269,287
land grants for railroads to corporations.----...----...----...-------.. 1260
to States ----------------------------------. 1260
confirmed private land claims in California -------------...---- 381,756, 1260
- - New Mexico -----------...--. 406,1113, 1152
all private land claims or grants, patented or unpatented - - - - - - - - - - 409, 1152
lands taken under armed occupation act, in Florida - - - - - - - - - - - - - - - - - - 295
donation act in Oregon.--...----. -- -------------- 296,969
Washington Territory ...-----...----. 296,969
New Mexico -----------....... 297,970, 1278
county-seat act ----------------------------. 298,970, 1278
town-lot act - - - - - - - - - - - - * * * * * * * ~ * * * * * * * * * * * * * 208,970, 1278
town-site act ------------------------ .* * * * * * * 298, 970, 1278
Indian reservations to June 30, 1880 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -.244-247
1889 --------------------------------- 727
- 1883 --------------------------------- 1252
military reservations-------------------------------------- 250–254,748, 1258
salines reservations ------------------------------------ • * * * * * * * 218,696, 1276
school reservations---------------------------- ---------------- 223,710, 1249
swamp and overflowed lands granted to the several States.----. 222,696, 1248
lands sold under graduation act ------------------. ----- - - - - - - - 291,962, 1277
coal lands sold -----------...----- * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 293,962, 1277
area remaining------------------------------------------ 292, 1277
scrip issued by General Land Office---------------------------. 290,949, 1276
surveyed lands on public domain to June 30, 1880 - - - - - - - - - - ---------. 188
- 1883 -------------------- 1241
unsold to June 30, 1883-- - - - - - - 15, 528, 1240
unsurveyed public lands to June 30, 1883 .-------------- - - - - - - - - - - - - 16, 1241
public lands disposed of.----------------------------------- --------. 14,527
3. undisposed of -------------------------------- 14,528, 1240, 1241
remaining public lands in Southern States June 30, 1880, and June 30,
1883 ---------------------------------------------------------- 16,531, 546
agricultural lands remaining ---------------------------------------. 22,531
lands granted for railroads, not completed in time------------------- 756–763
Areas (approximate) of United States census, for 1880, of States, Territories,
and counties in the Union ---------------------------------------------- 1188–1213
Areas of bays, inlets, lakes, and ponds, census 1880. -------------------------. 1196
rivers ------------------------------------------------------------- 1190
coast waters ------------------------------------------------------- 1190
Arizona, Territory of, when organized, legislation as to population at periods.455, 1186
INDEX. 1805
• Page.
Arizona, Territory of, private land claims in --------------------------------- 394
legislation as to ----------------- 408
list of private land claims in, reported to Congress --- - - 409
number of private land claims in, pending in General
Land Office ----------------------------------------- 409
no statute of limitation as to private land claims in ---- 406
area of, by counties, census 1880 -----...------------- 1191–1199
grant for a university in ------------------------------ . 1250 .
Arkansas, State of, population at periods, Territorial organization, convention
to form constitution of, sketch of legislative history of,
up to admission into the Union ------------------------- 430
- area of, by counties, census 1880 - - - - - - - - - - - - - - - - - - - - - - - 1191, 1199
Armed occupation act, settlement of Florida under ------. -------...----- . . .295–297
Artesian wells, grants for -------------------------------. -------------- ... ---. 678
Articles of Confederation---------------------------------------------------- 59
boundary clause of --------------------------------- 62
Ashburton-Webster, Washington treaty of 1842 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _5
Assistant Attorneys-General for Interior Department, list of -------- - - - - - - - - - - 165
Asylum, Deaf and Dumb, of Kentucky, grant to.... ------------------------- 212
Attachment of railroad rights to lands granted, 1880, 1882, and 1883-...-280,764, 1261
Attorneys-General, Assistant, for Interior Department, list of.--------------- 165, 552
Australia, disposition and sale of public lands in-...----...--------------------. 477
Authorities under chapter on English colonization and charters...------------- 55
Australia, public land system of.--------------------------------------------- 504
colony of Victoria---------------------------- 504
New Zealand.----------------------- 506
New South Wales. ------------...--. 507
- B.
Bastrop grant --------------------------------------------------------------- 373
Baton Rouge, West, grant to, for levee purposes ------------------------------ 211
Batture, the, private land claim ------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - 374
Bonded indebtedness of Pacific railroads to the United States, June 30, 1882,
and June 30, 1883 ------------------------------------------------------- 933, 1274
Boundaries of national and public domain of United States- - - - - - - - - - - - - - - - - - - 2–9
republic of Texas, as annexed--------------------------------- 121
cession from Mexico, treaty of Guadalupe Hidalgo -- - - - - - - - - -. 127, 128
Boundary and land clause in articles of confederation -----------------------. 62
Boundary lines between land States and Territories, Survey of .--------------- 179
exterior national land and water, of United States, length of... 464
eastern national, how settled --------------------------------- 8
northern national, how settled.------------------------------- 3–7
southern national, how settled.------------------------------- 8-9
western national, how settled -------------------------------- 8
of Alaska, not yet marked------------------------------------ 9
province of East and West Florida --------------------------. 120
Louisiana---------------------------------------- 104
Bounties, land, for British deserters ------------------------------------------ 209
Mexican war ------------------- .- - - - - - - - - - - - - - - - - - - - - - - - - - - 235
revolutionary war --------------------------- - - - - - - - - - - - - - 232,236
War of 1812------------------------------------------------ 234
timber culture---------------- * * * * * * * ~ * = e s = • * * * * * * * * * * * * * * * 360
warrants for, total number issued ------------------- 235,237,710, 1249
Brazil, laws relating to disposition of Crown lands in and regulations as to colo-
nies---------------------------------------------------------------- 508
1306 º INDEX.
P
Brazil, disposition and sale of public land in --------------------------------- ":
British deserters, land bounties to-------------------------------------------- 209
British Province of West Florida -----------------------. -------------------- 88:
Britton, A. T., Land Commissioner, compiler of permanent and temporary land
laws ---------------------------------------------------------------------- iii-vi
Buchanan’s, President, veto of homestead act of March 6, 1860 ---------------. 342.
C.
California, State of, population at periods, sketch of history of, convention to
form constitution and State government in, legislation for, up to
admission into the Union --------------------------------------- 442
area of, by counties, census 1880-------------------------- 1190,1191,1200
discovery of gold in ---------------------------------------------- 309
local mining laws therein ---------------------------------------- 31} .
report of Col. R. B. Mason on placer mines in --------------------- 312
local mining districts in, example of ------------------------------ 317
private land claims in -------------------------------------------- 377
area of ------------------------------------- 381
Corte de Madera del Presidio, Mexican grant in ------------------. 382
Canada, Dominion of, Crown or public land system of; statute of 42 Victoria,
entire system of survey, sale, and disposition, with forms ------------------ 477
Canadian and French settlers at Saint Vincent and Kaskaskia, reservation for
in Virginia, deed of cession -------------------------------- .- - - - - - 82
land system, forms in land entries, small number of .----------...--- 501
refugees, grant to ------------------------------------------------ 210
Canal lands granted, Congress and administration -...------------------------- 259
grants, Ohio, Indiana, and Illinois.----. * * * * * * * * * * * * * * * * * * º 'º gº tº º sº sº º sº e º gº ºn 257
Canals, lands granted for------...--------------------------------------------- 257
area of lands granted for, to June 30, 1880–82–83-------------- 287,753, 1261
Capital of the United States------------------------------------------------- 462
Cash sales and disposition of public lands for twenty years prior to 1880. .----. 23
entries, 1883 - - - - -------------------------------------------------*- - - - - - 1247
sales of public lands, acres estimated of, from origin of public domain. .216, 1247
of mineral lands ordered------------------------------------------ 308
of public lands ordered ------------------------------------------- 205
entry of public lands, where they can be made, forms and procedure, De-
cember 1, 1883 -----, ------------------------------------------------- 1159
Certificate in cash entry, December 1, 1883. ----------------------------------. 1160
Certification of lands to railroads alleged to be in excess of grants.--------. - - 899
Cession by States to the National Government -----. ------------------------. 10, 11
- area of, in detail -------------. 86
Cessions of western lands to United States by States ------------------------- 56–88
reservations in deeds of.--------------------------- 82–85
Cession of western lands to United States by States, act of legislature of Dela-
aware thereon ------------------------------------------------------------ 60
Cession of western lands to United States by States, act of legislature of Mary-
land thereon.------------------------------------------------------------- 61,62
Cession of western lands to United States by States, act of legislature of New
York thereon-------------------------------------------------------------- 63
Cession by the State of Connectiout------------------------------------------ 72–75
Georgia.---------------------------------------------- 79–81
Massachusetts --------------------------------------- 70–72
New York-------------------------------------------- 65–67
North Carolina. -------------------------------------- 76–78
INDEX. 1307
Page.
Cession by the State of North Carolina, State of Tennessee embraced in........ 83.
South Carolina. -- - - - - • * * * * * * * * tº ſº º sº sº sº ºn tº sº tº tº tº e º 'º º ºs e º gº ºn tº gº º 75
Texas----------------------------------- • * * * = • * ~ * * * * * 135,
- Virginia --------------------------------------------- 67–70
Cession of province of Louisiana by France to Spain ---...------------- * gº tº sº gº tº 90,
by Spain back to France ------------------. 91
by France to the United States - - - - - - ------- 95–100
cost per acre ------------------------------- 21
Cession from Mexico, Guadalupe Hidalgo, 1848.----------------------------. 124–126
cost per acre ------------------------------------------- 21
Cession and purchase from Mexico, Gadsden purchase, 1853.----------...----. 136–138
- cost per acre------------------------------ 21
Russia, Alaska, 1867 ----------------------------- 138–145
cost per acre-----------, ------------------ 21
Changes necessary in existing laws, December 1, 1883 -----...-- 534,540, 551,678, 1163
Charter for the Union Pacific Railroad.-------------------------------------- 267
Charters, English colonization and, authorities under -------------. ---------- 55
Charters, grants and, overlapping and duplicate ----------------------------- 30, 31
Chief clerks of the Department of the Interior, list of --------------...----. 165,552
Clarke, General George R., reservation of land by Virginia for troops of his
command ----------------------------------------------------------------- 82
Clarke, Lewis and, grant to, and the men of their expedition.---------------- 211
Classification of public lands by deputy Surveyors ---------------------------- 180
- mineral lands by deputy surveyors, method of.--------. ------ 187
the several classes of the public lands ----------------------- 411, 1161.
existing December 1, 1883. 1161.
method of, Dec. 1, 1883... -- 1161
Clerical force of the General Land Office, December 1, 1883.--------------- 1230–1238
Closing a surveying district, and transfer of books and titles to a State, man-
ner of--------------------------------------------------------- ------------ 194
Coal lands, what are, and how disposed of by existing methods--------------. 412.
area of, sold to June 30, 1880------------------------------------- 293
- to June 30, 1882------------------------------------- 962
to June 30, 1883------------------------------------- 1277
remaining ------ * * * * * * * * * * * * * * * * * * gº º gº º - - - - - - - - - - - - - - - - - 292, 1277
regulatious as to entry of December 1, 1883----------------------- 965
forms used in entry of, to December 1, 1883 ----------------------- 967
fires in coal fields. -- - - - - ---------------- - - - - - - - - - - - - - - - - - - - - - - - - - 1277
Coast and frontier line of United States, land and water, length of.----------- 464
College, Jefferson, Mississippi, grant of lands for----------------------------- 212
Colleges, agricultural and mechanical --------------------------------------- 223.
- sketch of origin of -------------------- - 229
grants in Scrip or “place” (table) ------ 229
endowment through sale of scrip or land. 230
Colonies, American, tenures in----------------------------------------------- 465
- form of government in----------------- • * * * * * * * * * * * * * * * ~ * 465
retrospect of laws of, as to lands ------------------------- 466
on Crown lands in Brazil, form of.----------------------------------- 508
union of American ------------------------------------------------ 56
commissioners from the, meeting of, at Annapolis ------------------- 58
population of, up to 1790 - - - - - - .* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 464
Colonization and charters, English authorities under---------------------- --. 55
in America, early English attempts ----------------------------- 31
of the Carolinas, North and South-...----------- º º sº º me • * * * * * * * tº gº º ºs º 51
early settlement of, charters of...--------------- 51
1308 INDEX.
Colonization of the Carolinas, sketch of colonial history of, to separation.----- 51,52
Connecticut ------------------------------------------------ 39
Delaware ---------------------------- • * * * * * * * * * * * * * * * * * * * * * * 47
Georgia, early settlements----------------------------------. 53–55
Maine, grant to Pierre du Gast. ------------------------------ 36
grant to Gorges -------------------------------------- 37
political history of, to 1820 --------------------------- 37,38
Maryland--------------------------------------------------- 49
Massachusetts ---------------------------------------------- 34
New Hampshire.---------------------- * * * * * * * * * * * = e s is “ - * * * * * * 38
New Jersey ------------------------------ * * * * * * * * * * * * * * * * * * * 44
New York--------------------------------------------------- 42
North Carolina---------------------------------------------- 51
Pennsylvania --------------------------------. -----------... • * * 45
Rhode Island -----------. • * s sº sº e º sº as e s = e ºs e s is a sº a e s = e ºs e º sº e s s e as a • 41
South Carolina------. --------------------------------------- 51
Vermont (the New Hampshire grants).----------------------- 41
Virginia, 1st, 2d, and 3d charters -------------...------------- 32
Colorado, the State of, population at periods, Territorial organization, constitu-
tion of, and sketch of history of legislation for and up to admission
into the Union -------------------------------------------------- 451
area of, by counties, census of 1880 - - - - - - - - - - - - * * * * * * * * * * * * 1190,1191,1200
private land grants in --------------------------------------- 394,407, 1153
list of private land claims reported to Congress and awaiting ac-
tion ----------------------------------------------------- 407, 1153, 1154
number of private land claims pending in General Land Office,406,1113, 1152
no statute of limitation as to time of filing private land claims... .406,1148
Commissioners from colonies, meeting of, at Annapolis - - - - - - - - - - - - - - - - - - - - - - - 58
of the General Land Office, list of .--------------------. 166,552, 1230
duties of.------------------------- 166
* as to necessity of legislation for.... 551
Confederation, articles of.--------------------------------------------------- 57
Congress of the, acts upon Constitution ----------------------- 58
Congress organizes the government under the Constitution.----------........ 59
sessions of, granting lands to canals.------------------------------- 259
wagon roads-------------------------- 261
- railroads ----------------------------- 273
Congressional action, early, as to sale and disposition of the public domain --196—208
Connecticut, colonization of ------------------------------------------------- 39
sketch of colonial history of, charter of ------------------------- 39
cession of lands to United States ------------------------------- 40
adopts the Constitution of the United States-------------------. 40
State of, cession by, to United States --------------------------- 72,73
jurisdictional cession of the Western Reserve ---------- 73,75
deeds and act of cession------------------------------- 70–75
area of cession to the United States.------------------- 87
“fire lands” in Ohio ------------------------------------------ - 82
and Pennsylvania, boundary question -------------------------- 85
area of, by counties, census 1880------------------------ 1190,1191,1200
Constitution of the United States, convention to form-----------------. ------ 58
ratification of, by States, with dates of .... 59
- provisions of, as to States and Territories -- 416
Constitutions of the several legislative States, conventions to form, votes on
adoption of, &c --------------------------*-------------------------------- 416–464

INDEX. 1309
Page.
Construction of land-grant railroads, 1881-'82-'83...................... 268,754,1260
Convention to form Constitution of the United States.----------------------- 58
Corporations, land grants to------------------------------------------- 267,756, 1260
Corte de Madera del Presidio, Mexican grant in California- - - - - --------------- 382
Cost of the public domain per acre -----...---------------------------------- 21
purchases of public domain per acre --------------------------...------ 21
cession from State of Georgia ---...----------------...--- - - - - - - - - - - - - - 21
survey and disposition of the public domain from 1785 to 1880.... ---- 192
surveys under rectangular system to June 30, 1880 - - - - - - - - - - ---...- ... 19, 189
to June 30, 1882 -------------------- 567
to June 30, 1883. - - - - - - - - - - - - - - - - - - - - 1241
from 1860 to 1881 - - - - - - - - - - - - - - - - - - - 190
surveying a township under present system, 1880, and to June 30, 1883. 191
Pacific railroads (estimated) -------. ---------------------- 912
total public domain (estimated).----------. ---------------- 532
surveying, selecting, and conveying lands to land-grant railroads..... 809
County-seat act, area taken under ------------------------------------------- 298
entries under----------------------------------------------- 305
Counties in the United States, number of ------------------------------------ 29,970.
Credit system of sale of public lands ---------------------------------------- 202
Crown lands in Brazil, colonies on, form of.---------------------------------- 508
Dominion of Canada.----------------------------------------- 477
Crozat, grant to------------------------------------------------------------- 89
D.
Dakota, Territory of, population at periods, when organized, legislation as to... 455, 1187
area of, by counties, census of 1880- - - - - - - - - - - - - 1190,1191, 1200
grant for university in ....... * * * * * * * * * * * * * * * * * * * * * * * * * * * 1250.
Deaf and Dumb Asylum of Kentucky, lands granted for -----...-------------- 212
Definitive treaty of 1783 with Great Britain, private land grants under ------- 370,
Delaware, colonization of.-------------------------------------------------, - - 47
early settlement of, charter of. -----------------------------------. 47
sketch of colonial history to 1776- . . . . ... -------------------------- 47, 48
adopts the Constitution of the United States - - - - - - - - - - - - - - - - - - - - - - 49
area of, by counties, census of 1880. -- - - - - - - - - - - - - -...----. 1190, 1191, 1201
Department of the Interior created ------------------------------------------ 164
Secretaries of, list of ---------------------------- 165,552
Assistant Secretaries of, list of. - - - - - - - - - - - * - º º q_ _ = 165,552
chief clerks of, list of --------------------------. 165,552
Assistant Attorneys General for, list of.----...----- 165
Commissioners of the General Land Office, list of .. 166,552
duties of. 166
rules of practice before, December 1, 1883 --------- 559
Deposits by individuals for surveys, circular relative to, September 15, 1883.- - 1243
Derivation of the names of the thirteen original States- - - - - - - - - - - - - - - - - - - - - - - 464
land States and the Territories (see each State
and Territory) ---------------------------- 416–464
Desert-land act, special and general legislation as to, result of.--------------. 363
- lands, what are, location of, and how disposed of, existing
methods-------------------------------------- 415, 1104,1161, 1162
result of act to June 30, 1882 -------------------------------- 1104
to June 30, 1883 -------------------------------- 1291
regulations in effect Décember 1, 1883..... --------- © tº º tº º ºs e º º ºs 1291
1310 **. INDEX.
Page.
Desert-land act, frauds under, and abuses of ---------. ---------------- 674, 1165,1221
forms used in entry of.-------------------------------------- 1106
amendment of the law suggested.----...--------------------- 1165
total area of first entries -----------------------------------. 1291
final entries ------------------------------------ 1291
Desert lands, new system of granting, suggested ------------------------- 27,541
Disposition and sale of public lands in Canada, Brazil, Mexico, and Australia -- 477
of the public domain, various methods of, 1784 to 1880------------- 198
existing methods -------------------- 411, 1157–1179
changes which should be made in----------- 534
plan of Alexander Hamilton, for -----------. 196
a general system proposed ------------------ 203
procedure and method, December 28, 1814 ... 203
exclusive of Tennessee, amount received there-
for per acre ---... - - - - - - - - - - - - - - - - - - - - - - - - 21
district land offices, rules of practice in, De-
cember, 1883 ----------------------------- 559
laws, December 1, 1883 ------------------------------------------- 1162
District of Columbia, history of, and condition...----...-- - - - - - - - - - - - - - - - - - - - - - 624
area of census of 1880--------------------------------- 1190
Distribution act of 1841 to June 30, 1880 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - * - - tº ºs - 256
- - 1882 ------------------------------------- 753
1883 ------------------------------------- 1260
Ditch and water rights, left to local usage ----------------------------------- 322
Dominion of Canada, Crown or public lands in -------...---...----------------- 477
Donation act, Florida -----...- * * * * * * * * * * * * * * * * * * - - - - - - - - - - - - - - - - - - - - - - - - - - - 295,969
New Mexico Territory - - - - - - - - - - - - - - - - * - - - - - - - - - - - - - - - - - - - - - - - 297,970
frauds under, June 30, 1883 ----------------- - - - - - - - - - - - - - - - - - - - 1221
Oregon ------------------------------------------------------ 296,969
Washington Territory.-----...-- ------------------------------ 296,969
result of all acts to June 30, 1880------------------------------- 295
- 1882------------------------------- 969
1883------------------------------- 1278
Donations, miscellaneous, and grants special-------------------------------- 209,676
land bounties for British deserters ----------...----------. - * > * * * * * 209
grant to Canadian and Nova Scotia refuges.----------------------- 210
to Deaf and Dumb Asylum of Kentucky ---. ---------------- 212
to A. H. Dohrman ------------------------------------------ 209
to French inhabitants at Gallipolis.----. * * * * - sº tº º tº Lº º º 'º e º 'º - as º 210
to Jefferson College, Mississippi ---------------------------. 212
to the Marquis La Fayette---------------------------------- 211
for levee purposes, Point Coupee and West Baton Rouge----- 211
to Lewis and Clarke and men of their expedition.----...----- 211
to Moravian Indians --------------------------------------- 211
to inhabitants of New Madrid -----------------------------. 211
to Polish exiles -----...-- • * * * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 212
for religious purposes -------------------------------------- 209
to Ebenezer and Isaac Zane -------------------------------- 210
for reservoirs----------------------------------------------- 667
for artesian Wells ------------------------------------------ 678
Dohrman, A. H., grant of land to, for aid to American sailors, 1787 ----------- 209
Donaldson, Thos., Land Commissioner, compiler of History of Public Domain... iii-vi
Dubuque, lead mines at ----------------------------------------------------- 374
Dutton, C. E., Secretary of Land Commission -----...----...------------------ iii-vi
E.
- Page
Eastern national boundary lines, how settled... ----------------------------- 8
Educational land bounties to States ------------- * * = * * * * * * * * * * * * * * * * * * * * * * * * * 223
. grants and reservations for common and public schools...... 223
for Seminaries and universities -----. ---------------- 223
for universities (table).--------------------------- 228, 1250
of the sixteenth and thirty-sixth section.-----...----. 224,225
acreage reserved and patented under sixteenth and
thirty-sixth sections ------------------------------ 228
manner of selection of School lands. -- - - - - - - - - - - - - --. 227
indemnity selections -----------------, -------------- 227
for agricultural and mechanical colleges - - - - - - - - - - - - - 229
important change in the law ------------------------ 710
endownment of lands in place or scrip- - - - - - - - - - - - - - - 229
sketch of origin of ---------------------------------- 229
scrip and place locations (table)--------------------- 229
for colleges, and endownments through sales of land
or scrip -------------. -- .* * * * * * * * * * * * * * * * * * * * * * * * * * 230
the result of all acts to June 30, 1880- - - - - ----------223,231
1882- - - - - tº tº tº gº ºn s = * * * 710, 711
1883------------- 1249, 1250
forms used and procedure in locating scrip, December
1, 1883.------------------------------------------- 711
English colonization in America and colonial charters -----------------------. 30–55
Entries under the homestead acts, number of, to June 30, 1880, with tables.... 350
“Erie purchase” by Pennsylvania from United States----...------------------- 71
Exploring expedition in the Louisiana purchase ---------------------------- 106–108
Extinguishment of Indian titles to public lands, manner of...----------------- 240
cost of.--------------------- 20
Exemption of homestead from debt.----------------------------------------- 350
Existing methods of sale and disposition of public lands, to June 30, 1880.... ---. 411 .
to December 1, 1883-1157–1179
F.
Fees and commissions allowed registers and receivers------------------------. 556
for land entries under the several laws, to Decem-
ber 1, 1883 ----------------------------------
for reducing testimony to writing-------------. 359
“Fire lands”, Connecticut, in Ohio.---------------- , sº º ºs e º ºs º is nº sº sº º sº sº º ºs º º ºs e º 'º sº sº sº. 82
Florida, East and West, province of, purchase of, from Spain by United States... 108
cost and area of purchase ---------------- 120
cost of per acre-------------------------- 21
private land grants or claims under--366,371,377
negotiations for, and treaty of cession -------------- 110–114
political action thereon, ratification of, by Spain - - - - - 114
proclamation of treaty ----------------------------.. 115
transfer of the province to United States, and manner
of taking possession------------------------ --- ... 116–119
boundaries of the Floridas -------------------------. 119
decisions of court explaining treaty, authorities referred
to------------------------------------------------- 120
settlements in, under armed occupation act, and area taken.---------- 295
British Province of West ------------------------------------------- 88
State of, population at periods, Territorial organization, constitutional
convention, sketch of history of legislation for, up to admission into
1312 INDEX.
º Page.
Florida, area of, by counties, census of 1880 ------. ------------------ 1190,1191,1201
Forfeiture of railroad land grants, attempted legislation as to - - - - - - -----. - - - - 899
- grants, June 30, 1883 ---------------------------------- 1166
Forms used in pre-emption entry, December 1, 1883.-------------------------- . . . .
- cash and private entry, December 1, 1883 ---------------...----- 1159
land entries, land system of United States, reference to their
great number ---------------------------------------------- 503, 538
Canadian land system, small number of -----...---- ºf s as ºn e º is as e º 'º e º ºs ºs 501
France, cession of Province of Louisiana to Spain by --------------...-- ----- 90
back to, by Spain ------------------ 91
to United States by ---------------. 95–99
lands acquired from, by purchase and treaty-------------------------- 11
Louisiana purchase of 1803 from, private land grants or claims under. 371
Frauds under existing land laws, 1883 -----......... -----------------. 536,1219–1222
French and Canadian settlers at Saint Vincent and Kaskaskia, reservation for, -
in Virginia deed of cessions ---------------------- • * * * * * * * * * * * * * * * * * 82
inhabitants of Gallipolis, grant and confirmation of lands to ---------- 210.
. Frontier and coast line of United Ståtes land and water, length of............ 464
Funds, 2, 3, and 5 per cent. grant to States from net sales of lands, amount of... 238
June 30, 1882 ---------------------------- 721
1883 - - - - - - - - º º ºs º ºs ºº e º º sm as as tº dº º ºs º º us tº 1251
decision of First Comptroller of the Treasury, as to 1880 -------------. 722.
- G.
Gadsden purchase, Mexico.------------------------------------------------- 136–138
1853, private land claims under --------------------------- 377
Gallipolis, French inhabitants of, grant to ------...---- • * * * * * * * * * - - - - - - - - - - - - - - 210
General Land Office, the, created ----------------------...--------------------. 164
importance of.----------------------------------- 166, 1223
legislation for, necessary --------------------------- 551
duties of Commissioner of ------------------- ** - - - - - - 166
organization of 1880 ------------------------------- 167
rules of practice before, December 1, 1883----...---- 559
Index to rules of practice— -
Proceedings before registers and receivers... . . . . 560
Contests and hearings.-------------------------- 560
Initiation of contests ------------------------- 560
Hearings in contested cases ------------------ 560
Notice of contest----------------------------- 560
Service of notice ----------------------------- 560
Notice by publication -------------------. ---- 560.
Proof of service of notice --------------------- 561
Notice of interlocutory proceedings.----- - - - - - 561
Rehearings ---------------------------------- 561
Continuances - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 561
Depositions ---------------------------------- 561
Trials---------------------------------------- 563.
Appeals-------------------------------------- 563
Reports and opinions.---------. -------------- 564
Taxation of costs----------------------------- 564
Appeals from decisions rejecting applications to
enter public lands.-------------------...----- 564
Proceedings before surveyors-general ........... 565-
INDEX. 1313
Page.
General Land Office—Continued.
Index to rules of practice—
Proceedings before the Commissioner of the Gen-
eral Land Office and Secretary of the Inte-
rior.--------------------------------------- 565
Rehearings and reviews ----...----...-------. ... 565
Appeals from the commissioner to the Secre-
tary --------------------------------------- 565
Attorneys.------------------------------------- 567
Decesions and their effect ---------------------- 567
Organization of, 1882, 1883 - - - - - - - - - - -, - ...----. 552, 1230–1238
Salaries and compensations of officers of - - - - - - - - - - - - 170
officers subordinate thereto - - - - - - - - - - ---. 170, 534, 535, 1051
list of claims for private land grants, pending in... 381, 1152
annual business of, for 1883---------------------. 1217–1293
to June 30, 1883. -- - - - - - - - - - - - 1152–1155
necessity for additional force therein, 1883 - ...---- 1223–1230
Genevieve, lead mines at, claim for ------------------------------------------ 373
Geographer of the United States, origin of office ------------...----...-...----- 170
Geological surveys under the General Land Office, date and number of.-- - - - - - 180
Georgia, colonization of.---------------------------------------------------- 53
Georgia, early settlement of, charter of -------------------------------------- 53
Sketch of colonial history of, to 1776. : - - - - - - - - - - - - - - - - - - - - - - - - - - - - 53, 54, 55
cession of lands to the United States.------------------------------. 55
adopts the Constitution of United States---------------------------- 55
area of, by counties, Census of 1880. -------------. ---------. 1190, 1192,1201
State of, cession by, to United States ------------------------------- 79
several preliminaries------------------------------- 79,80
articles of agreement to cede -----------. - tº º ſº º ºs º ºs º ºs - 80
final act---------------------------- * - - - - - - e º ºs e e º ſº º 81
area of cession from.------------------------------- 87
cost per acre ------------------------ 21
reservations in deed of cession.----------...--------- 82
Ghent, treaty of, and commissions thereunder -------------------------------- 4
Gold, discovery of, in California - - - - - - - - ---------------------------* * * * * * * * * * * 309
executive recommendations as to ... ---- - - - --. 309
production of, since 1848, from public domain, to June 30, 1882 -------. 320,980
Government of the United States, organization of ---------------------------- 56
seat of.------------------------------ ------ 462
goes into operation under the Constitution.. 59
Territories, form of.--------- ----------------------- 416,418, 452
Graduatien act of 1854, details of, and results under, 1880, 1882, and 1883. ---291,962,
* 1277
“Grand model,” John Locke's constitution for the Carolinas....... -------. 51, 52,467
Grants and charters, overlapping and duplicate --------...-------------------- 30, 31
to States of a portion of the net proceeds from sales of the public lands,
2, 3, and 5 per cent, funds ------------------------------------ 238,721, 1251
land, by former sovereigns, private land claims, origin and nature, full
details-------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 365
Great Britain, treaty with, 1783, private land claims under.------------------ 70
H.
Hamilton, Alexander, Secretary of the Treasury, plan of, for the disposition of
the public lands ---------------------------------------------------------- 198
Hidalgo, Guadalupe, treaty of cession from Mexico, 1848 -------------------- 126, 132
private land claims under ------------- 77
83 L O—WOL III
1314 INDEX.
* Page.
Historical and statistical table of the United States and Territories; “civil divis-
ions; the thirteen original States; legislative States; States admitted; pub-
lic land States and Territories; Territories existing; dates of acts organizing
Territories; dates of ratification of Constitution of United States; act admit-
ting States; dates admission took effect; area in square miles and acres of
Nation and minor divisions; number of counties in each State and Territory;
number of acres surveyed to June 30, 1880; number of acres remaining un-
surveyed to June 30, 1880; population in 1870 and 1880; names of Presidents
under whom admitted.----------------------------------------------------- 28, 29
Homesteads, Indian----------------------------------------- 242,243, 1032, 1045, 1283
Homestead, several acts, sketch of history of, origin of law - - - - - - - -----...----- 332
Congressional action on Mr. Grow's amendment for .----...-...--. 333
bill No. 72, H. R., February 1, 1859 -------------------...--------- 333
vote upon passage of, in House ---...----...----- 334
dilatory motions upon, in Senate ---...----...--- 335
defeat of, in Senate --------------------------- 336
bill of March 6, 1860; Mr. Lovejoy's report ----------------------- 336
action of House upon, and passage --------- 337
Senate upon, and passed with
amendments.------------------- 338
Mr. Colfax's conference report upon, in House. 339
vote upon report and passage of bill.... ---- 340
the, bill as passed ------- -e - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 340
veto of, by President Buchanan -----...------...- 342
bill of July 8, 1861, Mr. Aldrich's, sent to committee, reported back,
- and action of House upon ------------------ 345
amendments offered to, and passed the House- 346
in Senate, March 25, 1862 347
considered and passed.----...----------------. 347
the act as passed.-------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 347
President Johnson's opinion of.------- * * * * * * * * ~ * 347
acts and amendments ------------------------------------------- 349
the several classes -- - - - - * e = * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * = ... 1023
law, existing, who may have the benefits of - - - - - - - - - - - - - - 411, 1017, 1158
soldiers and sailors and Indians --------------------- 349, 1017, 1018, 1020
acts, the essence of, and benefits, may be commuted.------------ 350, 1019
total number of entries under, to June 30, 1880, tables, &c. 350
clause in, relative to timber-culture ------------------------ 361
form of patent for a --------------------------------------------- 356
commuted homesteads ------------------------------------------ 1019
results to June 30, 1882------------------------------------ - - sº e º ſº. 1015
1883.----. * * * * * * * * * * * * * * * * * * * * * * * * * * * tº tº e º ºs e º ºs ºr sº 1284
amendment recommended, 1882.------------------------------- 682, 1163
attempted, 1882 ------------------------------------. 678
necessary, 1883 -------------------------------- 540, 550, 1163
frauds and abuses under --------------------------------- 683, 1164, 1220
regulations as to entry of December 1, 1883----------------...----- 1017
can be entered on surveyed or unsurveyed land .----------------. 1024
who may enter, fees for ----------------------------------------- 1023
relinquishment of----------------------------------------------- 1026
proof for ------------------------------------------------------- 1025
abandonment of ------- ---------------------------------------- 1027
forms used in entry of December 1, 1883------------------------- 1031
Houmas grant or claim. ----------------------------------------------------- 7:3
Hudson Bay Company, possessory land claims of...---- - - - - - - - - - - - - - - - - - - - - - - 409
. INDEX. 1315
I. Page.
Idaho, the Territory of, population at periods, when organized, legislation as to .456, 1187
area of, by counties, Census of 1880--------------------...----- 1190,1192, 1202
grant for a university in --------------------------------------------- 1250
Illinois, State of, population at periods, Territorial organization of, constitu-
tional convention in, Sketch of legislation for, up to admission into
the Union -------------------------------------------------------- 425
area of, by counties, Census of 1880 ------------------------. 1190, 1192, 1202
canals in, lands granted for----------------------------------------. 257
grant to, for a railroad---------------------------------------------- 261
legislative history of the grant, S. A. Douglas. 262
Illinois Central Railroad, receipts of the State of, from --...--...--------..... 264
* amendments to the State constitution relating to.... 265
Improvements, internal, State selections for, act 1841 ---...-------------..... 255
lands granted to Territories in aid of................ 259
Indian homestead acts and amendments ---. --------------------. 349, 1032, 1045, 1283
homesteads ---------------------------------------------------------- 242
pueblos in New Mexico, number and naſhes of --------------...----. 404, 1152
titles to public lands, cost of quieting-...------------------------------- 20,523
reservations from the public domain-----------------------...----..... 240
how made, procedure------------------------------------ 243
Indian occupancy title to lands ----------------------...- 240
number of acres held by each Indian, 1880, 1882, 1883.244–727, 1252
references as to----------------------------------------- 248
survey of by whom----------------------------------- 179, 1254
area, number, population of, and location of, by States and
Territories, to June 30, 1880 ---------------------------. 244
population of various Indian tribes, Census of 1880 - - - - - - - - 740
list of Indian agencies and agents, June 30, 1883----...----. 744
reservations, list of Indian agencies and agents, to June 30, 1882 - - - - - - 727
to June 30, 1883 ... --. 1252
extinguishing Indian title to lands.--...------------...--. 240
how abolished, procedure-------------------------------. 243
tribes not to be hereafter recognized as independent nations---...----. 244
allotment of lands --------------------------------------------------- 1253
Indian titles --------------------------------------------------------- 1254
leasing Indian lands------------- *------------------------------------ 1256
tribes in Indian Territory, lands held by------------------...--------. 459
treaties, relating to Indian Territory ------------ ------------------- 459, 1255
intruders on Indian lands ------------------------------------------- 1256
attempts to jump lands in Indian Territory --------------------...----. 1257
Indiana, State of, population at periods, Territorial organization of, constitu-
tional conventions in, sketch of legislation for, up to admission in
the Union------------------------------------------------------- 424
area of, by counties, Census of 1880 -------------------. --. 1190,1192, 1202
canals in, lands granted for---------------------------------------- 257
Indian Territory, condition of lands therein -------------------------. 458,1187, 1255
lands therein and surveys---------------------------------. 457
legislative history of.-------------------------------------- 458
treaty, history of.----------------------------------------- 460
reservations in, as to -------------------------------------- 459
area of Census of 1880---------------------------------- 1190, 1192
Indians, Moravian, grant to ------------------------------------------------
Internal improvements, State Selections for, act 1841 -----...----...--........ 255
land granted to Territories in aid of ................. 259, 752
1316 INDEX. - .
w Page.
Iowa, State of, population at periods, Territorial organization, constitutional
convention in, sketch of history of, and legislation for, up to admission
into the Union ----------------------------------------------------. 437
area of, by counties, census of 1880 ---------...----...----------- 1190,1192, 1203
Iron held to be a valuable mineral------------------------------------...----- 324
Islands on public domain, survey of ----- ---------------------------------- 179
Instructions to special timber agents in effect December 1, 1883, dated June
1, 1883------------------------------------------------------------------- 1052
Index of instructions to special timber agents.-----------------...---- - - - - - - - 1052, 1054
J.
Jacksonville, Cal., organization of the mining district at -------------...----. 317
Jefferson College, Mississippi, grant of land for---------------. ------------. 212
Jefferson, President, report of taking possession of Louisiana by United States 101–103
Johnson's, President, opinion of homestead act -----...----. ---------...---- 347
Joint High Commission, Washington treaty of 1871, and awards thereunder-. 7
K.
Kansas, State of, population at periods, Territorial organization, the several
constitutional conventions of, sketch of history of legislation for,
up to admission into the Union -----------------------...---------- 445
area of, by counties, Census of 1880. -- - - - - - - - * - - - - - - - - - - - - - 1190,1192, 1203
Kaskaskia, Saint Vincent and, reservation for settlers at, in Virginia, deed of
cession------------------------------------------------------------------- 82
Kentucky, State of, population at periods, Territorial organization, constitu-
- tion of, sketch of history of legislation up to admission into the
Union--------------------------------------------------------- 420
area of, by counties, census of 1880 ----------------- * * * * * * 1190,1192, 1204
Deaf and Dumb Asylum of, lands granted for -------------------- 212
King, Clarence, Land Commissioner ---------------------------------------- iii-v
L. +
Lafayette, Major-General, grants of lands to, for services rendered the Re-
public ------------------------------------------------------------------- 211
Land bounties and land warrants for military and naval Services ------- 232,711, 1250
- none for Union soldiers of the war of the rebellion -- - - - - - - - - - 1160
Congressional action thereon.--------------------------------. 232
military bounty-land reservations and land districts therefor.. 232
United States military district in Ohio ----------------------- 232
Virginia military districts in Ohio ----...----------------------- 232
military reservations for, theory of --------------------------. 234
warrants for service in War of 1812. - - - - - - - - - - - - - - - - - - - - - - - - - - 234
for revolutionary war and war of 1812, number issued - - - - - - - - 236
warrants for service in the war with Mexico.----.'----------. 235
to British deserters ------------------------------------------ 209
to States, educational---------------------------------------- 220
for timber-culture ------------------------------------. ------ 363
scrip in lieu of land-warrants issued.-----------------...------ 236
acres embraced in all grants of.--------------------- * * º sº gº ºn as ºn º 235
warrants, location of, for year 1880. --------. * * * * * * * * * * * * *e º & wº 236
total number issued to June 30, 1880 - - - - - - - - - - - - - - - 235
and acres, tables-----...--------------- 2 7
and area issued to June 30, 1882. ---- 711–721
to June 30, 1883-- - - - - 1250.
INDEX. 1317
Page.
Land bounties, outstanding warrants to June 30, 1883-...--------------------. 1250
official rules and regulations relative to, December 1, 1883 - - - - - - 712
forms used in location and assignment, to December 1, 1883-...-712–721
revolutionary bounty land, forms, rules and regulations, to De-
cember 1, 1883-- - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 958–962
Land grants for canals, Congress and administration granting. --------. 257,753, 1261
to corporations ------------------------------------------- 267,753, 1261
for military Wagon roads ---------------------------------260,753, 1261
for public improvement---------------------------------------- 257 .
to railroads, date of law, mile limits, and amount patented to
June 30, 1880, and June 30, 1883----------------------------. 274, 1261
for religious purposes------------- .* * * * * * * * * * * * * * * * * * * * * * * * * * * * * 209
to States for railroads ------------------------------------- 261-267,753
to Territories in aid of internal improvement------------------- 259,752
for universities-------------------------------------------223,710, 1249
for wagon roads, Congress and administration granting ----...----. 260
Land system of United States, forms in land entries, reference to their great
- number ------------------------ e º me • * * * * * * * * * * * * * * * * * * * * * 503, 538
Canada, forms in land entries, small number of -------------. 501.
United States adopted from that of colonies, and more espe-
cially Pennsylvania ------------------- as s = • * * * * * * * * * * * * * * * 468
public, of Canada ---------------------------------------------- 477
of Australia, colony of Victoria therein -----...----------- 504
Y. New Zealand therein ...----------. 506
New South Wales therein - - - - - - - - - 507
in Brazil, colonies therein -------------------------------------- 508
in Mexico, as to colonies ---------------------------------------- 512
Land in Maryland, proprietary, form of warrants granting same ------...-...--. 474
Land measures in Mexico, table of. ---------------------------- w" e s e e s us e º e s m e e 399
Land law and system of the colony of Pennsylvania -----. -----...------------- 468
Land offices, local or district, names and location since 1800 - ...--------------- 173,554
- list of 1880------------------------------------ 176
Land offices, local or district, list of, to June 30, 1883------------------------- 555
receivers of established, duties of------------------------------. 171,201
registers of.---------------------------------------------------- 171
established, duties of.------------------------------- 201
Land Office, General, necessity for building for, 1883 ---------------------. 1222, 1230
regulations as to, in effect December 1, 1883 - - - - - - - - - - - - - 556
rules of practice in -------------- * - tº tº * * * * * * * * * * * * - - - e s e ºs 559
Land parceling surveys, method and system ---------------------------------- 179
- total receipts from, to June 30, 1883.------- - - - - - - - - - - 523
Lands, present actual receipts per acre under Settlement laws ---------------. 25–532
Land patents, number of, index necessary for -------------------------- 168,553, 1219
Land sales, public, net proceeds of, distributed, 1841 ------------------- 255,753, 1260
Lands in the colonies, retrospect as to laws for------------------------------- 466
surveys, price of lands and grants of ------------------- 466
Lands acquired by treaty, purchase, and capture from France, Spain, Mexico,
Texas, and Russia, area and cost ----------------------------------------11, 12, 13
Lands, agricultural, what are, and how disposed of, existing methods.------ 411, 1157
coal, legislation on, estimate of area of, on public domain -------292,962, 1277
entries under the coal-land acts---------------------------293,962, 1277
what are, and how disposed of, existing methods ------...----- 412, 1157
desert, what are, and how disposed of, existing methods --415, 1104,1157–1161
Lands graduated and sold under act of 1854, results of adt.------------- 291,962, 1277
Lands in Northwest Territory, act for sale of.--------------. ----------------- 200
1318 Q INDEX.
- IPa
Land system, reorganization suggested ---...----...-------- - - - - - - - - - - - - - - - - - - -,-27, º
expenses of for 1881, 1882 and 1883. ----------------...----...----- 526
Lands, what, are surveyed -------------------------------------------------- 185
Lands, public, which are, and location of...... - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1158
cash payment for, ordered ---------------------------. -------. 205
credit system for sale of ------------------- - - - - - - - - - - - - - - - - - - - 202
disposal of, by public offering and sale ------------------------ 206
prices of, at different dates since 1784 ------------------------. 208
reserved, leased by surveyor-general -----------...------------- 202
acres surveyed to June, 1880, and June 30, 1882 and 1883-188,589, 1241
receipts from sales of ------------------------------------- 17,517,532
cost of, with tables------------------------------------------- 18, 523
cost of surveying from 1785 to 1880 and to June 30, 1883. 192,574, 1241
cost per acre ------------------------------------------------- 21
cost of purchases, per acre ------------------------------------ 21
cost of ceded, per acre---------------------------------------- 21
cost, amount per acre realized from sales of.--------------- 21,519, 524
survey of islands of ------------------------------------------ 179
disposition of, from 1779 to 1888------------------------. ------ 519
former methods of location of.----------. --------------------- 21,22
early Congressional action as to sale of.----------------------- 196–208
method of disposition of, 1784 to 1880.------------------------- 196
control and disposition of------------------------------------- 13
disposed of, and receipts per acre-------------------------. 21,519, 529
estimate of character and quantity remaining, with tables--25, 26, 531
| estimate of value of remaining-------------- - - - - - - - - - - ... º. º. ºp sº tº 26,27,531
(See Public lands, Public domain.)
Land sales by land grant railroads, 1878 to 1882. -------...--------------------. 772
Lands in the Indian Territory, how held by tribes, surveyed, unsurveyed, and
unoccupied, condition and legal status of.----. ---------. -458–462, 1187, 1255
taken under homestead act, cost of survey and disposition ------------. 25
Lead mines at Genevieve, claim for ------------------------------------------ 373
Dubuque ---------------------------------------------------- 374
Levee grants in Louisiana.--------- * * * * * * * * * * ºr e º ºs s = ºr e º sº º sº ºn tº º sº º sº º ºs ºn s = * * * * * * * * 211
Lewis and Clarke, grant of land to, and their men, for services as explorers... 211
expedition ---------------------- ------------------------ 106–108
Location of public domain, former methods of.... ---...--.--- - - - - - - - - - - - - - - - - - - 21, 22
Locke, John, constitution for the Carolinas -----...----...------------------ 51, 52,467
London treaty of 1827, and awards thereunder ------------------------ sº tº º dº º º º 4
Louisiana, Province of, purchase of, 1803, its history.------------------------ 89
cost of per acre ------------------------- 21
private land grants or claims under -- - - -366,371
unconfirmed private land grants in, with
reference as to authority on.----------- 375
condition prior to 1803 ------------------------------- 92
grant to Crozat -------------------------------------- 89
cession of, by France to Spain------------------------ 90
Spain back to France -----------------. 91
France to United States.--------------- 95
acquirement of, by the United States.---------------- 93, 94
treaty, conventions, and political action upon the ces-
Sion ----------------------------------------------- 96–100
report of President Jefferson and commissioners on
manner of taking possession of-------------------- 101–103
INDEX. 1819
"Page
Louisiana, Province of, boundaries of.-------.*- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 104
area and present location of territory once in ........ - 105
explorations of -------------------------------------- 106
historical references upon ---------------------------- 108
levee grants in -------------------------------------- 211
State of, population at periods, Territorial organization, constitu-
tion, and sketch of legislation up to admission into the Union ... 423
area of, by counties, census of 1880 - - - - - - - - - - - ----------. 1190, 1192, 1204
- M.
Maine, colonization of:------------------------------------------------------ 36
grant to Pierre du Gast ---------------------------------------------- 36
Gorges... -------------------------------------------------. 37
political history of, to 1820----- ------------------------------------- 37, 38
sold to Massachusetts ------------------------------------------------ 38
admitted into the Union 1820-----------------------. ----------------- 38
State of, population at periods, Territorial organization, sketch of legis-
lation up to admission into the Union -----...----...----------------. 427
area of, by counties, census of 1880--------------------------. 1190, 1192, 1204
Maison Rouge grant -------------------------------------------------------- 373
Maryland, colonization of.------------------------------------------------ - - - 49
'early settlement of, charter of.---------------------------------... 49
sketch of colonial history up to 1776.----------...-----------...----.. 49, 50
adopts the Constitution of the United States.----...----...----. ----. 50
area of, by counties, census of 1880 - - - - - - - - - - - - - - * * * * * * * * * * 1190, 1193, 1205
action of legislature on cession of Western lands to the United States. 61, 62
land system in proprietary form of warrants granting land in...... 474
Mason, Col. R. B., report of, on placer mines in California.................... 312
Mason and Dixon's line, history of.----------...----, ---------- se as * * * * * * * * * * * * * * 49, 50
Massachusetts, colonization of.---------------------------------------------- 34
political history of, during colonial times until 1776.----------. 34–36
grants and charters of ---------------------------------------- 34–36
adopts the Constitution of the United States.----------------. 36
area of, by counties, census of 1880---------------..... 1190, 1193, 1205
cedes claims to Western lands to United States.----- - - - - - - - - -. 36
Maine sold to -----. • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 38
State of, cession by, to United States.----...----...----------- 70–72
area of cession.----------------------- s sº tº ſº tº as ºs º º gº º sº ºne º 87
Mechanical and agricultural colleges ---------------------------------. 223,710, 1249
grantsfor------------------------------ 229,230
Mecklenburg declaration of independence.----------------------------------- 52
Meridians and base lines in Surveying system -------------------------...----. 179, 569
Metals, precious, States and Territories on public domain bearing...----...----. 306
Mexican grant in California, Corte del Madera del Presidio -----...--...----. - 382
Mexico, cession and purchase from, Gadsden purchase, 1853. ----...------------ 136
area, cost, and present Jocation . -- - - - - - - - - 138
cost of per acre -------------------------- 21
cession from, Guadalupe Hidalgo, 1848------------------------------. 124
preliminary attempt at purchase
of territory thereunder.----.. 124
war with Mexico... ----------. 125
steps towards peace------------ 125
* the treaty of cession.... ------- 126
area, cost, and present location of----------------------- 134
cost of cession per acre--------------------------------- 21.
1320 INDEX.
Fa
Mexico, lands acquired from, by purchase and treaty.----------------------. tº ñº.
land warrants for service in war with-------------------------------- 235
disposition and sale of public lands in -------------------------------. 77
table of land measures in -------------------------------------------- 300
laws for colonization, and grants of public lands to immigrants, man-
ner of.---------------------------------------------------------- 512, 1125.
mining laws of references to .--------------------------------------- 514
Michigan, State of, population at periods, Territorial organization, constitu-
tional convention, and sketch of legislation up to admission into
the Union ------------------------------------------------------ 431
area of, by counties, census of 1880 -----------------------. 1190, 1193, 1205
Military district of United States in Ohio -----...----...-------...-------------. 232
Virginia in Ohio ---------------- ------------------------ 233
lands of Virginia in Ohio - - - - - - - - - - - - ** * * * * * * * * * * * * us tº se sº * * * * * * - - - - - - - - 82
Military and naval land bounties, reservations and warrants for. ---232,234, 711, 1250
Military reservations upon the public domaiu ----------...------------. 249,748, 1258
how made, form of procedure.-------------------------- 249
how Testored to public domain.------------------------- 249
area, location, and number, to June 30, 1880 -----...... 250–254
1882 ------------ 748
1883 .----------. 1258
Military wagon roads --------...------------------. , - - - - - - - - - - - - - - - - - - - - - - - - - 260
grants of lands to, date, mile limits, and acres certified or
patented, to June 30, 1880 --------------------------- • 279
1853 --------------------------- 1261
Congress and administration, when mºnted is º ºs tº sº me tº gº º ſº tº º 261
Military wagon roads, area of grants for. ------------------ ------------- 287,753, 1261
Mineral claims, method of surveying -------------------...----------------- 186, 1011
cost to claimant and method of - - - -----. 1011
Mineral claims, number located and patents, to June 30, 1880.--------------. 324, 325
1882----------------- 982
g 1883----------------- 1281
Mineral lands of the public domain. ----------...--------------. -------------- 307
on the public domain, estimate of area of, to June 30, 1883. ---. 325,975
. Congressional action as to------------------------------------- 306
tº on Pacific Coast, Congressional action as to -- - - - - - - - - - - - - - - - - - - 311
and mines, Executive action as to----------------------------- 307
cash sales of, ordered in base-metal regions -----...------------- 308
classification of, by deputy surveyors, method of.--------...----. 187
coal ---------------------------------------------------------- 292
in charge of the War Department-------------------------. ..... 308
| condition of, prior to 1866 -...----. ems º ºs º as as as sº e º sº * * * * * * * * * * * * * * * * * * * 221
what are, present classification and disposition - - - - - - - - - - 411,986, 1161
forms used in entry of, December 1, 1883-----...----...------------- 1013
Copps’ forms for entries of.-----------------------------------. 1260
policy of the United States in relation to .-- - - - - - - - - - - - - - - - ---. 324
in Alabama to be sold as agricultural lands ----...---- tº º is sº * * * * * * * 980
v discovery of gold in California--------------------------------. 309
laws existing June 30, 1883-----------------------------------. 980
which are ----------------------------------------------- 986
title to, and how obtained ------------------------------------ 998
Mineral reservations in Northwestern Territory -----------------------...----. 306
Mineral surveys, overlapping.... ----------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - 1281
INDEX. 1321
* Page.
Mineral, valuable, iron held to be a ------------------------------ ----------- 324
Minerals in private land claims-------------------------------------------- 409, 1293
Mineral entries and official details, General Land Office, for 1883 -------------. 1279
decrease in the annual sales of -----------. 1280
Miners, gold and silver, in 1882 ---------------------------------------------- 979
wages of -------------------------------------------- 97
Mines on the public domain ------------------------------------------------- 306
yield of, since 1848 to June 30, 1882..?---------.320,980
placer, in California, report of Col. R. B. Mason on . ----. -------------- 312
lead, at Genevieve, claim for.----------------------------------------- 373
at Dubuque----------------------------------------------------- 374
corporation dividends paid, 1882-----. ------------------------------- 979
corporation assessments, 1882 -----. ----------------------------------- 97
Mining act of July 26, 1866 -------------------------------------------------- 321
May 10, 1872. ------------------------------------------------- 322
chapter 26, references under----------------------------------------. 328
district under local usage, how formed. ... -- * * * * * * * * * * * * * * s = e s m = * * * * * 317
camp at Jacksonville, Cal., as an illustration ------------------------ 317
district, present method of organizing a placer or quartz - - - - - - - - - - - - -. 3.18
land on Pacific Coast, recommendations as to-----...--...----...----. ---. 318
law, existing--------------------------------------------- - - - - - - - - - - - 322
laws in California, local.------------------- -----. ------------------ 311
regulations under existing mining laws, December 1, 1883.----------. 986
Index to:
General title---------------------------------------------------- 986
Sections of Revised Statutes and laws - ...-- - - - - - - - - - - - - - - - - - - - - - - 986
Mineral lands open to exploration, occupation, and purchase-----. 994
Status of lode claims located prior to May 10, 1872. - - - - - . . . . .----. 994
Patents for veins or lodes heretofore issued. --- - - - - - - - - - - - - - - - - - - - 995
Manner of locating claims on veins or lodes after May 10, 1872. --. 996
Tunnel rights --------------------------------------------------- 997
Manner of proceeding to obtain Government title to vein or lode
claims -------------------------------------------------------- 998
Adverse claims-------------------------------------------------- 1000
Quantity of placer ground subject to location - - - - - - - - - - - - - - - - - - - - 1001
Mill-sites --------------- --------------------------------- ------- 1002
Proof of citizenship of mining claimants. -----------------------. 1003
Appointment of deputy surveyors of mining claims ... -- - - - - - - - -. 1004
Charges for surveys and publications, fees of registers and re-
ceivers, &c --------------------------------------------------- 1004
Hearing to establish the character of lands, whether mineral or
agricultural -------------------------------------------------- 1007
Amendatory regulation of May 9, 1882 - ...------------------------. 1007
September 22, 1882 ------------------------------------------ 1008
December 9, 1882 -------------------------------------------- 1009
Valuable deposits, instructions, January 30, 1883 - - - - - - - - - - - - - - - -. 1009
Surveys of mining claims, November 16, 1882 - - - - - - - - - - - - - - - - - - - - 1009
Amendatory regulations, June 8, 1883-...-------------------------. 1010
laws of Mexico, Spain, Portugal, and New South Wales, Australia---. 514
legislation, retrospect of, prior to 1866. -- - - - - - - - * = º ºr tº tº º me tº gº e º ſº tº º dº e º º ºs e ºs 319
patents, cost of, to United States and claimants.--------------------. 323
patent for placer claim, form of patent for.------------------------- 329, 1007
quartz claim, form of patent for--------------------------. 330
1322 INDEX.
Page
Minnesota, State of, population at periods, Territorial organization, constitu-
tional convention, and sketch of history of legislation
for, up to admission into the Union.-------------...----- 443
Minnesota, State of, area of, by counties, Census of 1880.--...--------- 1190, 1193, 1205
Mississippi, State of, population at periods, Territorial organization, constitu-
tional convention, and sketch of history of legislation
for, up to admission into the Union.----- • * * * * * * * * * * * * 424
area of, by counties, Census of 1880. ----. ---. ---. 1190,1193, 1206
grant of land for Jefferson College ---------------------. -------- 212
railroad grant to ------------------------------ - * as gº tº sº, sº e = * * * * * * * * * 262
Missouri, State of, population at periods, Territorial organization, constitutional
convention, and sketch of legislation, history of, up to
admission into the Union.-------------------------------- 428
area of, by counties, Census of 1880-----------. ---. 1190, 1193, 1206
Montana, Territory of, population at periods, when organized, legislation as to. 456
o area of, by counties, Census of 1880 - - - - - - - - - - - 1190,1193, 1207
Moravian Indians, grant of land in Ohio for, occupancy by - - - - - - - - - - - - - - - - - - 211
Mill-sites in mining, how located -------------------------------------------- 324
N.
National domain, the, area of ------------------------------------------ 1, 2, 10, 1158
* acquisition of territory to, by purchase, conquest, and
treaty --------- ------------------------------------- 89, 145
cost of purchases per acre ----------------------------. 21
National (Yellowstone) Park --------------------------------------------- 1294–1302
location of, discovery and area ------------------ 1294
how reserved ----------------------------------- 1295
superintendents of.----------------------------- 1295
rules and regulations of -----. ---------------- ... 1296
distances in and itinerary of.----------------- 1296–1300
appropriations for its care---...----------------- 1391
privileges granted in ----------------- ---------- 1301
routes to and from ------------------------------ 1301
guides ------- , - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1301
stage routes in, hotel rates, and traveling charges. 1302
Naval service, military and, land bounties for-------------------------...----. 223
Nebraska, State of, population at periods, Territorial organization, constitu-
tional convention, veto of act of admission, and sketch of
history of legislation for, up to admission into the Union. 449
area of, by counties, census of 1880- - - - - - - - - - - - - - - 1190,1193, 1207
Nevada, State of, population at periods, Territorial organization, constitutional
convention, and sketch of history of legislation for, up to
admission into the Union--------------------------. ------ 448
area of, by counties, census of 1880. ----------------- 1190,1193, 1207
New Hampshire, colonization of .-----...------------------------- - - - - - - - - - - - 38
political history of, to 1776 ------------------------...------. 38
adopts the Constitution of the United States ... --- - - - - - - - - - - - 39
area of, by counties, census of 1880 - - - - - - - - - - - - - - - - - - 1190, 1194,1207
New Jersey, colonization of grant of.---------------------------------------- 44
sketch of colonial history to 1776-----------------------------... 44
adopts the Constitution of the United States - - - - - - - - - - - - - - - - ---. 45
area of, by counties, census of 1880 ----------------------1190, 1194,1207
New SouthWales, Australia, colony of, laws and system of disposal of Crown lands. 507
mining laws in -------------------------------------------- 514
New Madrid, grant to inhabitants of.-------------------------------...------- 211
INDEX. 1323
Page.
New Mexico, Territory of, population at periods, when organized, legislation as to. 452
area of, by counties, census of 1880- - - - - - - - - - - - - - - - - - - - - - - 1190, 1194, 1208
no statute of limitation as to private land claims in --- - - - - - - - - - - - - 406
New Mexico, donation act in ------------------------------------------------- 297
private land claims in------------------------------------------- 394
area of, confirmed.--------...--- * * * * * * * * * * * * 394
legislation as to ...----...- ... • * * * * * * * * * * * * * * * * 405
number of private land claims reported to Congress and awaiting
action -------------------------------------------------------- 407
list of private land claims pending in General Land Office ...----. 406
New Orleans Batture, private land claims, ----------------------------------- 374
New York, colonization of -----------------------------------, --------------- 42
sketch of colonial history ----------------------------------------- 42
charter to the Duke of York for----------------------------------- 43
cedes claims for Western lands to United States ...----...------------ 44
adopts Constitution of the United States -- - - - - - - - - - - - - - - - - -...----- 44
area of, by counties, census of 1880- - - - - - - - - - - ---------- - - - 1190, 1194, 1208
State of, cession by, to United States.....------------------------- 63–67
declaration and deed of cession-...----...------------------ 66,67
area of cession------------------------------------------- 86
New Zealand, colony of, Australia, laws and system of disposal of Crown lands. 506
North Carolina, colonization of ---------------------------------------------- 51
c makes cessions to United States.----------------------------- 52
adopts the Constitution of the United States - - - - - - - - - -------- 52
area of, by counties, census of 1880 - - - - - - - - - - - - - - - - - - - 1190, 1194, 1208
State of, cession by the, to United States........... -- - - - - - - - - 76, 78
State of Tennessee embraced in... ---. 83
area of cession----------------------- 87
reservations in deed of cession.-------- 2
Northern boundary line to the Rocky Mountains-------------. ---------------- 5
line west of the Rocky Mountains------------------------- 6.
lines, how settled ---------- .* as e º 'º gº tº dº sº º ºs º º sº tº º ºs º ºs º sº tº º sº º sº e º sº º 3–7
Northeastern boundary question...---------------- -------------------------- 3–5
Northwestern boundary question -------------------------------------------- 6–7
Northwestern Territory, history of .------------------------------------------ 146
surveyor-general of.--------------------------------- 170
act for sale of lands in ------------------------------- 200
reservations in -------------------------------------- 306.
Nova Scotian refugees, land grant to .--------------------------------------- 210
O.
Obsolete territories.--------------------------------------------------------- 464
Occupation, unlawful, of public lands, June 30, 1883 ------------------------- 1168
Offering and public sale of lands, method and form of proclamation.---------- 206
public and private sales of lands ------------------------------------ 415
* should be stopped.------------------ 55
Officers of the Territories, 1883 - - - - -, -----...------------ &P e º ºs e º ºs e s e ----------- 1181
Ohio, State of, population at periods, Territorial organization, sketch of legisla-
tion for, up to admission into the Union.----- ------------------------ 422
area of, by counties, census of 1880.---------------------------- 1190, 1194, 1209
lands granted to, for canals -------------------------------------------- 752
grant to, for public improvement --------------------------------------- 257
Connecticut fire lands in ---------------------------------------------- sº 82.
grant of land in, for occupancy by Christian Indians ------------------- 211
1324 - INDEX.
- Pa
Obio, United States military district in ...... -------------------------------. :
Virginia military district in -------------------------------------------. 233
lands in--------------------------------------------- 82
Ohio River, territory of United States northwest of.----------...-------...----. 146
claims of States to lands therein -
* and action thereon - - - - - - - - 141–161
territory of United States south of, boundaries, area, &c.--------- 161–163
Ordinance of 1787 ----------------------------------------------------------- 146
Oregon, State of, population at periods, Territorial organization, sketch of legis-
lation for, up to admission into the Union.--------...----...-------. 444
area of, by counties, census of 1880 ---------...----. --...----. 1190, 1194,1209
donation actin------------------------------------------------ 296,970–1113
treaty at Washington, 1846 ----------------------------...----...----. 7
Organization of the Government of the United States.--...--...- ........ ---. 56
- Territorial, of the several States -----------------. ------------ 416–464
Overflowed and Swamp lands, sketch of history of . -- - - - - - - - - - - - - - - - .... ---- 219,220
form of patent for----------------------------- 221
area of, granted the several States . . . . . . .222,696, 1248
Overlapping mineral surveys ... --- - - - - - 1281
P.
Paçific Coast, mineral lands on the, Congressional action as to. --------------. 311
mining lands on, recommendations as to - - - - - - - - - - - - - - - - - - - - - - - 318
Pacific railroads, proposed legislation prior to 1862 -------...----...----...----. 265
Government survey for routes ---------...----------. -------- 266
political action thereon ------------------------------------ 266
Pacific Railroad, the Union, charter for -----------------...------------------. 267
Patent, form of, for homestead.------. * * * * * * * * * * * * * * * * * * * * * * * * * • - - - - - - - - - - - - - 356
pre-emption.-------- * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 216
placer-mining claim ----------------- - - - - - - - - - - - - - - - - - - - - - - - - 329
railroad lands----------------------------------------------- 288
quartz-mining claim ----------. * * * * * * * * * * * ------------------ 330
swamp and overflowed lands -------------------------------- 221
for private land claim, claimant pays for survey before issue of... ----. 410
not to be issued to an assignee --------------------------------------- 695
Patented lands for military wagon roads, area of, to June 30, 1883 ...----. 279,755, 1263
railroads, area of, to June 30, 1880, and to June 30, 1883 - - - - - - 274,755, 1263
Patents, land, number of ---------------------------------------------- 168,553, 1217
should be in fee.---------------------------------------------- 538
great variety of, now issued.----------------------------------- 538
mining, cost of, to claimants and United States ------------------. 323, 1011
procedure and cost of obtaining ------------------------------------ 1011
for mining claims, total number patented --------------------------- 324
for placer claims ------------------------------------------------- 323, 1007
Pennsylvania, colonization of--------------------- ** = * * * * * * * * * * * * * * * * * * *------ 45
charter and early settlement of.------------------------------- 45
sketch of colonial history of ---------------------------------- 45, 46
adopts the Constitution of the United States - - - - - - - - - - - - - - - - - - 47
area of, by counties, census of 1880---------...--------. 1190, 1194,1209
land law and system of colony of ----------------------------- 468
province of charter, extract from, showing Penn's absolute author-
ity to grant lands------------------------------------------- 468
land methods in, disposition and survey ----------------------- 469
INDEX. - 1825
Page
Pennsylvania, surveys, deputies' returns of ---------------------------------- #
and Connecticut boundary question --------------------------- 85
“Erie purchase” by, from United States ---------------------- 2.
Perdido claim, history of, with details --------------------------------------- 108
Placer mining act, of July 9, 1870---. ---------------------------------------- 322
claims, patents for ------------------------------------------------- 323–1007
mining districts, present manner of organizing ----- • * * * * * * * * * * * = • * * * * * 318
mines of California, report of Col. R. B. Mason on--------------------- 312
mining claim, form of patent for -------------------------------------- 329
Point Coupée, grant to, for levee purposes ----------------------------------- 211
Polish exiles, expelled by Emperor of Austria, grant of land to. --------------. 212
Political divisions in the United States -------------------------------------- 2,29
Population of the United States from 1790 to 1880 - - - - - - - - - - - - - - - - - - - - - - - - - 464, 1214
colonies up to 1790 ---------------------------------- ------ 464
several States at date of their admission into the Union- - - - - 1181
Portugal, mining laws of.--------...---------. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 514
Powell, John W., Land Commissioner ---------------------- ----------------- iii-V
Practice, rules of, before the district offices, General Land Office and Depart-
ment of the Interior-------------------- ----------------- 560
index to ------------ ------------------------------------- 560–567
Precious-metal bearing States and Territories on public domain - - - - - - - - - - - - - - 306
Pre-emption act, origin of--------------------------------------------------- 214
attempt to confine its benefits to citizens of United States - - - -214
present law, June 30, 1880, 1883, and Dec. 1, 1883. . .215,412,678, 1161
who can have the benefits of.------------------------- 215,411, 1162
can be initiated on surveyed or unsurveyed lands ...--------. 215
benefits of a pre-emption system, reasons for .--------------- 215
form of patent for an entry. -- - - - - - * * * * * * * * * * * * * * * * * * * * * * * * * 216
repeal of, attempted.------------------------------ 540, 550, 678, 1163
recommended, 1883--------------------. 540, 551, 682, 1163
legislation as to ------------------------------------------------ 678
results to June 30, 1882 ----------------------------------------- 678
June 30, 1883 - - - - - - - - - - - - - g = • - - - - --------------------- 1247
frauds and abuses under ---------------------------------------- 1220
letter of Commissioner McFarland as to ... ----------------------. 682
circular and instructions relative to entries under, in effect De-
cember 1, 1883. ----------------------------------------------- 685
forms used in, and method of entry December 1, 1883...----- - - - - - - 688
qualifications of a ---------------------------------------------- 688
how paid for --------------------------------------------------- 688
contests in entry of ------------------------------- as ºs & º 'º º tº tº gº tº sº º ºs & 688
relinquishment, joint entries, second filings, and insane pre-
emptors -------------------------- - - - - - - - - - - - ---------------- 687
patent for .----. sº es º ºs º º $ tº º tº º ºs e ºs º ºs º ºs º ºs º ºs º º sº º ºs s sº s sº e s is as sº e º sº º ºs e g = tº sº tº e 695
President's duty in proclaiming lands for sale --...--------...--...--------------- 207
Presidents by whom grants for canals, wagon roads, and railroads were approved
- * 259,261,273
Prices of public lands, Various, from 1784 to 1880 - - - - - - - - - - - - - - - - - - - - - - - - - - - -. 208
Private land claims, origin, mature, and location of. -----------------------. 365, 1112
how made by Spain and Mexico, in possessions now in the
United States. ---------------------------------------. 1126
area of all claims or grants from public domain, patented
or unpatented ---------------------------------------- 409
1326 INDEX.
• . " - Page.
Private land claims, statement of L. Harrison as to number of, pending No-
vember 30, 1881 --------------------------------------- 1112
decision of Supreme Court United States as to, under Lou-
isiana or Florida purchases.--------------------------- 366
under treaty of 1783 with Great Britain, how settled.... . . 370
in West Florida ---------------------------------------- 271
under treaty of purchase of Louisiana, 1803, how settled-.371, 372
Florida, 1819, references under. 377
Guadalupe Hidalgo, 1848, and Gadsden pur-
chase, 1853 ---------------------------- 377
of June 15, 1846, Hudson's Bay Company
rights --------------------------------- 409
in New Mexico, Arizona, and Colorado. -----------------. 394
confirmed and un-
confirmed claims, -
in Dec. 1, 1883-... 1151
no statute of limita- ''
tion as to ----- 406, 1148
as to validity of... 1151
in Alaska ---------------------------------------------- 409
instructions of the Commissioner of General Land Office to
surveyor-general of New Mexico, 1854, as to claims for
and survey of.---------------------------------------- 394
Surveys of, how done.---------------------------------- 410, 1148
instructions as to survey of, May 30, 1881, in effect Decem-
ber 1, 1883.------------------------------------------- 1149
methods, of confirmation, and survey of .... -- as s as we e s = * * * * 1148
report of surveyor-general on land claims in New Mexico. 400,
1123, 1292
several important instances of, how settled - - - - - - - - - - - - - - 373
the Bastrop- - - - - - - - ----------------- * * * * * * * * * * * * * * * * 373
the Houmas ------------------- s • * * * * * * * * * * * * * * * * * * * * * * * 373
the Maison Rouge -----------------,-------------------- 373
New Orleans, Batture. ---------------------------------- 374
lead mines at Genevieve -------------------------...----. 373
Dubuque --------------------------------- 374
minerals embraced therein -----. ----------------- 409, 1131, 1293
references -------------------------. -------------------- 375
examples of a pueblo or town grant to confirmation by
United States ---------------------------------------- 401
town of Tomé ------------------------------------------ 404
table of land measure in Mexico.------------------...---- 399
Capt. H. W. Halleck’s report on, in California----. * * * * * * * 377
special report as to, by Wm. Carey Jones ---------------- 377
legislation as to, in California, details, and how settled .. 378
example of a private land grant in California—Corte de
Madera del Presidio—full details to final confirmation by
United States ---------------------------------------- 382
area of grants confirmed in California. --...-----------. 381, 1112
area and list of claims pending in General Land Office .381, 1152
area embraced in enumerated claims.--------------...--. 1151
grants in Louisiana still unconfirmed...----...--...... .375, 1112
legislation as to, in Arizona and California -------------- 408
in New Mexico.------------------..... - 405
INDEX. 1327
Private land claims, number pending in New Mexico, California, and Arizona Page.
in General Land Office------------------------. 406,1113, 1152
list of, in Arizona reported to Congress and awaiting ac-
tion.---------------------------------------- 409, 1154
in New Mexico and Colorado reported to Congress
and awaiting action ------------------------ 407, 1153
in Arizona in General Land Office to be reported to
Congress -------------------------------------- 409
recommendations for legislation by Commissioner of Gen-
eral Land Office, 1883.-------------------------------- 1155
Mr. Hazelton's bill in House of Representatives:
to settle private land claims, 1882 - - - - - - - - - - - - - - - - - - - 1142
substitute for--------------------------------------- 1145
Congressional Report, first session, Forty-seventh Con-
gress, on private land claims. --...---------...- -------- 1134
recommendations as to necessity for legislation by survey-
ors-general ---------------------------------------- 1121, 1292
recommendation of the Public Land Commission for leg-
islation, 1880 ----------------. * * * * * * * * * * * * * * * * sº ºn tº me sº gº tº gº e 1116
recommendations of surveyors-general, 1883 -...---- - - - - - - 1292
Edmunds's bill for settling private land claims, 1881 - - - - - 1117
Private sale and public offerings of lands ------------...-------------...- 206,415, 1159
Private entry of public lands, where and how made, forms and procedure, De-
cember 1, 1883 -----. ------------------------------------------------------ 1159
Proceeds, net, of land sales, distributed 1841 ---...---.... ----------. --------- 256
Proclamation, form of, for offering and sale of public lands ------------------- 206
Protection of public timber-------------------------------------------------- 1286
Province of British West Florida. --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 88
East and West Florida, purchase of, from Spain, history of (8ce also
. Florida).----------------------------- 108–120
cost of per acre ------------------------- 21
Louisiana, purchase of, 1803, history of (86e also Louisiana). . . . . . . 89–108
cost of per acre -------------------------------------- 21
levee grants in - - - - - - - - * * * * * * * * * * * * * * * * * * * e sº e s = e s as:- - - - 211
Pennsylvania, Penn's charter, extract from, showing Penn's abso-
lute authority to grant lands------...-...------. 468
land methods in, disposition, and survey ..... - - - - - 469
Warrants, form of.--------------------------. ----. 470
surveys, deputies' return of -----------...---- - - - - - ° 472
Public domain, the (86e also Public Lands)-----------------------...----. 85–145, 1158
acquisition of territory to, by purchase, conquest, and
treaty ------------------------------------------------- 89–145
What constitutes.--------------------------------------- 10, 11:8
area of ---------------------------------------------- 10, 11, 1158
cost of, with tables -------------------------------------- 18, 523
per acre.----------------------------------------. 21, 524
purchases and Čessions of, per acre. --------...----. 21
receipts from, with tables.-------...--------- .* * * * * * * * * ~ * ~ * 17, 523
area of, surveyed, to June 30, 1880 and 1883-- - - - - - - - - - - - 188, 1241
cost of surveying, 1785 to 1880 and 1883. ----...----...---- - 192
receipts from, 1881–2 and 1883-...----------......... . . . . . 517–523
cost of, to June 30, 1883 ----------. ---------------------. 523
survey of islands on-------------------------------------. 179
1328 INDEx.
- - Page.
Public domain, the early Congressional action as to sale of.------. ----------. 196–208
method of disposition of, 1784 to 1880 - - - - - - - - - - - - - - - - - - - - - 196
non-taxation of, stipulation as to------------------------- 14
control and disposition. ---------------------------------- 13
disposed of—exclusive of Tennessee—amount received per
a CI'ê - - - - - - - - - ... • * * * * * * * * * * * * * * * * * * * * * * * * * = e = * * * * * * * * * * * * 21
total disposition of, to June 30, 1883 - - - - - - - - - - - - - - - - -----. 22,519
area of, surveyed and unsold June 30, 1880 and 1883. .. 528,573, 1240
Indian reservations from --------------------------. 240,727, 1252
military reservations upon ------------------------- 249, 748, 1258
how restored to---------------- 249
estimate of character and quantity of, remaining, with
tables --------------------------------------------. 25, 26, 531
estimate of the value of, remaining, giving classes and kinds,
with value, with tables ----------------------------. 26,27,531
States and Territories on, bearing precious metals - - - - - - - - 306
area of precious metal and mineral lands - - - - - - - - - - - - - ---- 325,979
mineral lands on----------------------------------------- 307
mines on -------- s = e = * * * * * * * * * * * * * gº tº º ºs º sº ºf * * * * * * * * * * * * * * * * 306.
yield of, since 1848 to June 30, 1882 - - - - -....... 320,980
gold and silver, products of, from, since 1848 to
1882 ----------------------------------------- 320,980
Public is provenients, land grants for-------------------------------------- ... 257
“Public land strip,” location, area, and legislation as to -------------. 462, 1167, 1187
Public or Crown land surveys in Dominion of Canada, method of.--...--------- 494
Public lands, control of, on the admission of States -----------...------------- 13, 14
- which are, and location of -------------------------------------- 1158
administration of, and system ---------------------------------- 164
stipulation of United States as to non-taxation by States-------. 14
Alexander Hamilton's plan for disposition of- - - - - - - - - - - - - - - - - - - - 198
disposition of, a general system proposed ----------------------- 203
under various laws from 1785, tables and statistics. 22,23
sale and disposition of, existing methods--------------------- .411, 1157
when does title for, pass -------------------------------------. 537–551
disposal of, by public offering and sale.-------------------------- 206
rapid disposition of arable lands, table-------------------------. 23,519
cash sales and disposition of, for twenty years prior to 1880...... 25
from June 30, 1880, to June 30, 1883.517,523
cash system of sales of ----------------------------------------- 205
credit system of sales of...... ---- • * * * * * * * * * * * * * * * * * * * * * * * * * * * *s e 202
price of, at different dates since 1784 - - - - - - - --------------------- 208
area disposed of and remaining------------------------------ 14, 15,527
aggregate acres disposed of during fiscal year 1880-------------- 23
receipt from sales of, for 1880, by States, items of.----------... • - 24
area of, in Southern States, with tables to June 30, 1880. ---..... 16
to June 30, 1883. ...... 527, 528
area of remaining agricultural lands --------------------------- 22, 531
taxation of -----------------------------> --------------------- 239
sales, net proceeds of, how distributed, act 1841. --- ............ 256
expenses of the land system to June 30, 1883---------...---...... 21, 526
grant to States of portion of net proceeds from sale of........... 238
reserved, leased by surveyors-general.-----------. * * * * * * * * * * * * * * • 202
surveyors-general of, list of offices to June 30, 1880. ----...----. 171, 172
to June 30, 1883 ... ... -- - - - - - - 55
INDEX. 1329
Page.
Public lands, surveys and area of .---------------------------- 16, 17–78–195,597, 1241
* classification of, by deputy Surveyors.--------------------------- 186
existing classes and grades of, December 1883 - - - - - - - - - - - - - - - - - -. 1161
area of unsurveyed----------------------------------------16,579, 1241
surveyed and unsold, with table--------------------------. 15, 528, 1240
cost of survey and disposition.------------------------------. 18, 19,523
cost in excess over receipts------------------------------------ 21, 524
cost of quieting Indian titles to ------------------------------- 20, 523
how land Systein is extended over -----------------...-------- .... 145
location of, with warrant and scrip, December 1, 1883-...-...----. 1163
how acquired, December 1, 1883--------------...-----...----...--- 1158
who may enter, December 1, 1883 -----------...----------------- 1158
methods of acquiring title to, December 1, 1883 - - - - - - - - - - - - - - - - - 1159
cash entry of, December 1, 1883, forms and procedure------ - - - - - - 1159
laws as to settlement of, and disposition of, December 1, 1883- - - - 1162
unlawful occupation of, June 30, 1883.------------------------ 539, 1168
legislative attempts to prevent--------...------------------------ 1170
statistics, necessity for preparing correct - - - - - - - - - - - - - - - - - 4 º' - - sº º 1219
remaining for disposition, surveyed and unsurveyed, June 30,
1883-------------------------------------------------------- 527,531
Public-land States and Territories, names of .....--------- - - - - - - - - - - - - - - - 13–28, 1158
Public Land Commission, organization, committees and publications of - - - - - - - iii
p final report of ------------------------------ v-vii,519, 524
Public lands, cost of and receipts from, per acre ----------------------------- 21
title occupancy of Indians to, how extinguished. - - - - - - - - - - - - - - - 240
existing classification of agricultural ------------------------ 411, 1161
coal -------------------------------- 411, 1161
desert -------------------------- - - - -411, 1161
mineral------------------------- - - - -411, 1161
Saline ------------------ - - - - - - - - - - - - 411, 1161
timber and stone.------------------- 411, 1161
town site --------------------------- 411, 1161
stone and timber-------------------- 411, 1161
remaining in Ohio, Indiana, and Illinois can be entered at Gen-
eral Land Office -------------------- - * e º - - - e º 'º- - - - - - - - - - - - - - - - 422
suggestions and recommendations as to changes in laws for, to
June 30, 1888--------------------------------- 534, 551,678, 1163, 1219
Public offering and private Sale of lands ----...-------------------------------. 415
Pueblo or town grant, by Spanish authority, example of a - - - - - - - - - - - - - - - - - - - 401
Pueblos. Indian, in New Mexico, names of, and number - - - - - - - - - - - - - - - - - - - - - - 404
Purchase, acquisition by conquest and treaty, of territory to national and pub-
lic domain---------------------------------------------------------- 11–13, 89–145
Purchase of public and national domain from France, 1803, and cost per
acre ----------------------------------------------------------------11, 91,89-108
Purchase of public and national domain from Spain, 1819, and cost per
aCl'e - - - - - - - - - - - - • * * * * * * * *s me • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 12, 21, 108–120
Purchase of public and national domain from Mexico, Guadalupe Hidalgo,
1848, and cost per acre ----------------------------------. ---------- 12–21, 124–134
Purchase of public domain from the State of Texas, 1850, with cost per
*CT6 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 12–21, 134, 135
Purchase of public and national domain from Mexico, Gadsden purchase, 1853,
With cost per acre-------------------------------------------------- 12, 21, 136–138
Purchase of public and national domain from Russia—Alaska, 1867, with cost
Per a CT6 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ... º. ºe is sº º º 13–21, 138–145
84 L O—WOL III
1330 INDEX,
Q.
k Page.
Quartz-mining claim, form of patent for -------------------------------------- 330
R.
Railroads, land grants and concessions for ---------------------------------- 257,736
to States, for ------------------------------- 261-267, 756, 1260
to corporations---------------------------------------- 1260
to, area patented, June 30, 1880 ----------------------- 269
total, certified or patented June 30, 1882. - - - - - - 755
June 30, 1883 - - - - - - - 1263
miles of land-grant roads constructed to June 30, 1880. . 268
June 30, 1882 -- 754
June 30, 1883. - 1260
area estimated to fill grants. -- - - - - - - - - - - - - - - - - - - - 268,269, 753
necessary to fill grants in States and Territories. -- 287,
753, 1260
sessions of Congress granting land to, and when and by
Whom approved ------------------------------------ 273
area of railroad lands certified or patented, June 30, 1882. - 756
June 30, 1883. 1261
references, legal and historieal------------------------- 1260
date of law, mile limits, andlands patented to June 30,1880. 274
June 30, 1882. 1261
June 30, 1883. 1261
and Secretary Teller as to ----------------------------- 1264
forfeiture of.------------------------------------------ 1166
attempted legislation to, June 30, 1882- - - - - 896,908
June 30, 1883-- - - - - 1265
recapitulation of, 1880, 1882, and 1883-- - - - - - - 280–287,755, 1263
value of lands granted the Pacific Railroad - - - - - - - - - - 911–933
cost of construction of Pacific Railroads- - - - - - - - - - - - - - - 912–933
LAND-GRANT RAILROADS —OFFICIAL REPORTS AND LETTERS.
A letter from the Commissioner to the Secretary of the Interior, of date March
28, 1882, in relation to resolution of House of Representatives of July 9, 1882,
as to lands granted railroads --------------------------------------------- 789–823
A letter from the Secretary of the Interior, of date December 29, 1882, in an-
swer to resolution of House of Representatives passed December 14, 1882, as
to land patents to certain railroad companies - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 824–860
A letter from the Secretary of the Interior, of date January 13, 1883, in answer
to letter of Hon. T. C. Pound, chairman Committee on Public Lands, House
of Representatives, as to certain land-grant railroads not completed within
the period fixed by law --------------------------------------------------. 861–873
A letter from the Secretary of the Interior, transmitting to the Congress in-
formation in relation to a certain decision of the Commissioner of the Gen-
eral Land Office and the opinion of the Attorney-General relating to the
Northern Pacific Railroad, of date January 19, 1882- - - - - - - - - - - - - - - - - - - - - - -874–879
Also one of like purport, dated February 2, 1882-----------------------------. 879
Report No. 1283, Part 1, of the House Committee on the Judiciary, in relation
to the Northern Pacific Railroad, dated June 6, 1882. -- - - - - - - - - - - - - - - - - - - - - - 880
Report No. 1283, Part 2, of Mr. Payson, of the House Committee on the Ju-
diciary, submitting the views of the minority of said committee as to the
Northern Pacific Railroad, dated July 24, 1882 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 882
Report No. 1803 of the House Committee on the Judiciary in relation to the
Texas and Pacific Railroad land-grant, dated August 3, 1882, together with
the views of the minority of the committee -------------------------------. 892
INDEX. 1331
Page
Report No. 1284 from the House Committee on the Judiciary, in relation to
railroad land-grants to certain States and recommending their forfeiture,
dated June 6, 1882 -------------------------------------------------------- 895
Letter from the Secretary of the Interior in relation to alleged excess in certi-
fication of lands to certain railroad companies, dated July 10, 1882---------. 898
Report No.906 from the Senate Committee on the Judiciary, reporting a bill
(S. No. 2301) providing a method of forfeiting railroad land-grants, dated
* January 2, 1883----------------------------------------------------------- 908
A letter from the Auditor of Railroad Accounts to the Hon. R. M. McLane, rela-
tive to land grants to Pacific Railroad, February 7, 1880- - - - - - - - - - - - - - - - - - - 911–935
Letter and decision of Secretary of the Interior of July 11, 1883, as to indem-
nity lands of Northern Pacific Railroad ----------------------------- -------- 891
A letter from the Secretary of the Interior to the House, dated February 27,
1883, giving information in relation to telegraph lines along land-grant rail-
roads --------------------------------------------------------------------- 910
Railroad lands, form of patent for ------------------------------------------- 288
cost of surveying, selecting, and conveying lands to land grant
railroads-------------------------------------------------896–908
telegraph lines along ---------------------------------------910,911
rights, attachments of, to lands granted ---------------------- 280, 764, 1261
Railroad, Illinois Central, receipts of State from------------------------------ 264
amendments relating to --------------------------. 265
Pacific ----------------------------------------------------------- 265
Union Pacific, charter for------------------------------------------ 267
Railways:
right of Way to, June 30, 1882 ------------------------------------------- 769
June 30, 1882 ------------------------------------------- 1263
land sales, from 1878 to 1882, of land departments of land-grant railroads-772–787
Railroads, land grant:
not completed in time fixed by law ----------------------------------- 1265–1274
not completed in time --------------------------------------------------- 1265
Atlantic, Gulf and West India Transit (formerly Florida Railroad).794, C61, 1266
Atlantic and Pacific--------------------------------------- 807,828,853,862, 1268
Brainerd Branch Saint Paul and Pacific (now Western Railroad)-803,825,831, 1266
Coosa and Tennessee-------------------------------------------------- 791, 1966
Coosa and Chattanooga (formerly Alabama and Chattanooga).----- 792,897, 1266
California and Oregon------------------------------------------------- 806, 1267
Elyton and Beard's Bluff ------------------------------------------ 792,897, 1266
Florida, Atlantic and Gulf Central------------------------------------. 796, 1266
Gulf and Ship Island.--------------------------------------------- 790,865, 1266
Hastings and Dakota ----------------------------------------. 804,826, 895, 1267
Iron Mountain, in Arkansas --------------------------------------- 797,898, 1267
Iron Mountain, now Saint Louis, Iron Mountain and Southern------------ 797
Jackson, Lansing and Saginaw (formerly Amboy, Lansing and Traverse
Pailway) ----------------------------------------------------------- 798, 1266
Little Rock and Fort Smith --------------------------------------------- 796
Lake Superior and Mississippi-------------------------...----------- 804, 825, 1267
Marquette, Houghton and Ontonagon.-------------------------------. .799, 1266
Memphis and Charleston -----...------------------------------------ 792,898, 1266
Mobile to New Orleans, in Mississippi. ------...----...--------------------- 1266
in Louisiana ------------------------ - - - - - - - - - - - - - 1266
in Alabama -------------------------------------- 1266
Mobile and Girard -----------------------------------------------. 792,868, 1266
New Orleans to the State Line, in the direction of Jackson, Miss........ 898, 1266
1332 - INDEX.
Page.
Railroads, land grant—Continued.
New Orleans Pacific (assignee of New Orleans, Baton Rouge and Wicks-
burgh) --------------------------------------------------------- 809,856, 126S
North Wisconsin (now Chicago, Saint Paul, Minneapolis and Omaha).------- 1266
Northern Central Michigan-------------------------------------------- 798, 1266
Northern Pacific ------------------------------------------ 806,862,874–892, 1268
Oregon Central ------------------------------------------------------- 808, 1267
Oregon and California (formerly Oregon Central Railroad Company) 807,864, 1267
Ontonagon and Brulé River Railroad (formerly Ontonagon and State
Line).-------------------------------------------------------------- 799, 1266
Pensacola and Georgia -------------------------------------------- 795,861, 1266
Port Huron and Lake Michigan (formerly Detroit and Milwaukee).----- 798, 1266
Savannah and Albany------------------------------------------------- 793, 1266
Saint Louis, Iron Mountain and Southern -------------------------------- 1267
Saint Vincent Extension Saint Paul and Pacific (now Saint Paul and Pa-
cific and Manitoba) ----------------------------------------.803, 824,828, 1266
Selma, Rome and Dalton (formerly Alabama and Tennessee).----...------- 793, 1266
Sioux City and Saint Paul-------...------------------------------------- 800, 1267
Southern Pacific (main line).------------- * = − = • - - - - - - - * * * * * * * * * * * * * * * * * * 808, 1268
Southern Minnesota Railway Extension ----------------------- 804, 825,842, 1267
Texas and Pacific Railroad Company (formerly Texas Pacific Railroad Com-
pany) ------------------------------------------------------ 808,892–895, 1268
Tuscaloosa to the Mobile Railroad ------------------------------------- 791, 1266
West Wisconsin--------------------------------------------------------- 1266
Western Railroad, Minnesota ------------------------------------------- 825,831
Wisconsin Central (formerly Portage, Winnebago and Superior Rail-
road) ----------------------------------------------------------- 801,846, 1266
Vicksburg, Shreveport and Texas (now North Louisiana and Texas).795,870, 1266
Railroads, indebtedness of the Pacific Railroad to the United States for bond
subsidies, June 30, 1882---------------------------------------------- 933
indebtedness of the Pacific Railroad to the United States for bond subsi-
dies, June 30, 1883 ----------------------------- * * * * * ~ * * * * * * * * * * * * * * * 127
sinking fund of Pacific Railroads, June 30, 1882 -------------------------- 933
- June 30, 1883 -------------------------- 1275
Regulations and forms for adjustment of railroad land-grants, General Land
Office, in effect December 1, 1883 ------------------------------------------ 935
References and authorities -------------------- : m as ºr º 'º º ºs s º e º 'º - - º ºr me tº dº º ºr º- - -º º e º 'º - 949
Regulations for adjusting railroad land grants and forms -------------------- 935–949
Rulings respecting homestead and pre-emption claims.----------------------- 935
Application by railroads to select lands previously covered by entries--------- 936
settlers to enter lands covered by railroad withdrawals -------- 936
Selections by railroad companies -------------------------------------------- 937
Jndemnity selections for railroads ------------------------------------------- 938
Costs of Surveying and conveying lands ------------------------------------- 938
Pacific Railroads under acts of Congress, July 1, 1862, and July 2, 1864-------- 938
Relinquishments by railroads in favor of settlers - - - - - - - - - - - - - - - - - - ---------- 939
Confirmation of pre-emption and homestead claims in railroad limits. - - - - - - - - 940
Right of way railroads------------------------------------------------------ 940
As to indemnity lands-------------------------------------------------- - - - -891; 892
Forms for verification of lists of selections.--------------------------------- 944–949
Receivers of land offices ---------------------------------------------------- 171
established, duties of, and regulations as to----- 201,556, 558
existing * * * * * * * * * * * * * * * * * * * * * * * * g º e º º e º sº se e º sº tº ------ 176,555
INDEX. 1333
Page
Rectangular system of surveys, origin of.----------------------------------- 178,576
* cost of surveys under------------------------ 189, 526
instructions as to execution of.--------------- 575
References as to Indian reservations ----------------------------------------- 248
relative to treaties --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10
under stone and timber act --------------------------------------- 359
timber-culture act ----------------------------------------- 362
chapter on States and Territories --------------------------- 464
Registers of land offices----------------------------------------------------- 176,556
established duties of and regulations as to-------. 201,556, 558
existing ----------------------------------------- 176,554, 555
Registers and receivers of land offices, duties of.------------------------------ 556
- and fees and accounts of.--------------- 556
- fees of, for reducing testimony to writing- 559
Religious purposes, grants of land for---------------------------------------- 209
Relinquishments of land entries, June 30, 1883-------------------------------- 1166
Relinquishments, joint entries, and abandonments, and record filings --------- 687
Report, final, of Public Land Commission ------------------------------------- V–Vii
Report of Senate Committee, April 3, 1882, on wants and necessities of General
Land Office--------------------------------------------------------------- 1225
Repayment for lands erroneously entered, 1883 - - - - - - - - - - - ---------- ---------- 1218
Reservation by Connecticut, Western Reserve and “fire lands”. -----...------- 82
the State of Georgia in her cession, cash and Yazoo claims, con-
ditions---------------------------------------------------- 83
the State of North Carolina in her cession . -- - - - - - - - - - - - - - - - - - A 83
Reservations in Virginia, deed of cession.------------------------------------ 82
Reservoirs, withdrawal of public lands for ----------------------------------- 676
Reservation of town sites, by President, authority for ------------------------ 305
for General George R. Clarke and men, in Virginia deed of cession- 82
for French and Canadian settlers at Saint Vincent and Kaskaskia,
in Virginia deed of cession ------------------------------------ 82
Reservations in Indian Territory.-------------------------------------------- 459
Reservations, Indian, in land States and Territories ------------------------- 240,244
references as to ---------------------------------------- 248
survey of ---------------------------------------------- 179
number of acres held by each Indian on----------------- 244
military, in land States and Territories------------------------ 249–254
for military and naval land bounties --------------------------- 232
mineral, in Northwestern Territory.----------------------------- 306
saline --------------------------------------------------------- 217
area of grants of, to the Several States-------------------- 218
Resurveys of public lands --------------------------------------------------- 1167
Revolutionary War, land bounties for ---------------------------------------- 232
issuing scrip for ------------------------ 958
Rhode Island, colonization of ----------------------------. * * * * * * * * * * * * * * * * * * * 41
sketch of colonial history of.---------------------------------- 41
charter of.---------------------------------------------------- 41
adopts the Constitution of the United States.------------------- 41
area of, by counties, census of 1880 -------------------. 1190, 1195, 1210
Right of way, railway companies, to June 30, 1882. ---...-------------------. 769
- to June 30, 1883 --------------------------- 1262
Rocky Mountains, national northern boundary line to, and west of the...-----. 5, 6
Russia, lands acquired from, by purchase and treaty------------------------- * 13
1334 - INDEX.
Page.
Russia, cession and purchase from—Alaska, 1867 ---------------...------------ º
cost of cession, per acre ---------------------------------------------- 21
claim of to the cession----------------------------------------------- 138
negotiations for the purchase from ----------------------------------- 139
treaty of cession----------------------------------------------------- 139
transfer of Alaska to United States.----------...---------------------. 141
area and cost of purchase-------------------- • us s tº sº tº e s is me • º e = * * * is s = * * * * 145
purchase, boundary of Alaska---------------------------------------- 3–9
Rules of practice in cases in District Land Office, December 1, 1883.--...------- 559
General Land Office ----------------------------- 559
the Department of the Interior .--...------------- 559
S.
Sailors' and soldiers' homesteads-------------...----...---------...----. 349, 1018, 1020
Sale and disposition of public land, existing method in United States --------- 411
in Canada, Brazil, Mexico, and Australia. - 477
Sales of public lands, receipts from, for 1880, by States --- - - - - - - - - - - - - - - - - - - - - 24
for twenty years prior to 1880, and to June 30, 1883.----. 24,523
various methods of, 1784 to 1880. -- - - - - - - - - - - - - - - - - - - - - - 196
area of, under graduation act -------------------------- 291
net proceeds of, how distributed, act 1841---------------- 256
Sales, cash, of mineral lands ordered.----------------------------------------- 308
Saline lands, what are, and how disposed of.--------------------------------- 413
Salines, reservations of, and grants - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 217
change in law ---------------------------- 217
now disposed of at $1.25 per acre, after offering ---...----. 217
area of grants to the Several States---------------------- 218
how rendered subject to disposal -----------------------. 696
to June 30, 1882. -- - - - - - - 696
to June 30, 1883- - - - - - - - - 1247
School lands, grants for, manner of selecting, &c. (see also Educational grants)-226–230
area reserved and granted .------------------------------------- 223
Scrip issued by General Land Office, various kinds of...----------------------- 289
area of, to June 30, 1880 - - - - - - - - - - 290
to June 30, 1882. --- - - - - - - 949
to June 30, 1883---------. 1276
agricultural and mechanical ------- is sº as ºne º 'º º sº sº, sº ºne ºn tº as ºn º ºs º ºs is e º sº sº, º ºs e º ºs º sº is sº º sm as 223
in lieu of land Warrants for location.------------------------------------ 236
how entries are made with--------------------------------------------- 950
regulations and forms as to location and assignment of, December 1, 1883. 950
Seat of Government of United States----------------------------------------- 462
Secretary of the Interior, rules of practice before, in land cases.---------------. 565
Secretaries of the Interior, list of-------------------------------------------- 165,552
Assistant, list of --------------------------------- 165, 552
Selections, State, for internal improvements, act 1841---------------------.... 255
Seminaries, area reserved and granted for ------------------------------------ 223
Settlement laws existing December 1, 1883----------------------------------- 1162
Silver, production of, from public domain since 1848--------------- • * * * * * * * * * * 320,980
Soldiers' and sailors' homesteads:-------------------------------- 349, 1017, 1018, 1020
South Carolina, colonization of --------------------------- * - - - - - - - - - - - - - - - - - - 51
early settlement and charter of ------------------------------ 51, 52
sketch of colonization of, to 1776-------...----...--------------- 52
cession of Western lands to the United States----------------- 53
INDEX. 1335.
Page.
South Carolina adopts the Constitution of the United States.--------------- p s 53;
area of, by counties, census of 1880------------------- 1190,1195, 1210.
State of cession by the -------------------------------------- 75.
area of cession ------------------------------------- 87
Southern boundary lines of Nation, how settled ------------------------------ 8, 9
States, area of remaining public lands in ---------------------------- 16
Spain, land acquired from, by purchase and treaty --------------------------- 12
cession of Louisiana to, by France------------------------------------- 90
back to France by -------------------------------- 91
rumored opposition of, to delivery of Louisiana to United States by France. 104
mining laws of, reference to ------------------------------------------ 514
purchase of Province of East and West Florida from, by United States... 108
treaty of purchase, 1819 ------------ '• = • - - - - - - - - - - - - - - - - - - - - - - 111
ratification of purchase by----------------------------------- 114
area of boundaries, and cost --------------------------------- 120
of Florida from, treaty of 1819, private land claims under..... 377
Special agents for timber - ,------------------------------------------- 358, 1052, 1237
grants and donations ----------------------------------------------- 209–213
State, area of saline lands granted each -------------------------------------- 218
- of school lands granted each. ------------------------------------- 223
of Swamp and overflowed lands granted each. --------------------- 222
amount received by each, under 2, 3, and 5 per cent. fund grants.------- 238
selections for internal improvements, act 1841 - - - - - - - - - - - - - - - - - - - - - - - - - 255–752
area of cessions by each, to United States.----------------------------- 88
States, original thirteen, derivation of names of.----------------------------- 464
legislative names of and date of admission- - - - - - - - - - - 419
1776 to 1880 ---------------------------------------- 416
June 30, 1880, to December 1, 1883. --------------- 1179–1188
future, probable number of, December 1, 1883- - - - - - - - - - - - - - - - - - - - - - - - - 1180
public land, and Territories, derivation of names of. (See each State
and Territory under chapter on).------------------------------------ 464
new, how admission of, is regulated and controlled.-------------------- 416
their cessions to the National Government and area of.---------------- 10, 11
total area of cessions to United States and by States ------------------ 88
constitutions of the several, legislation, conventions to form constitu-
tions, Votes on---------------------------------------------------- 416–464
ratio of representation in, from 1790 to 1880. ----------- -------------- 1180
population of the several, when admitted into the Union.-------------- 1180
land grants to, for railroads----------------------------------------- 261–267
Statistical and historical table of the United States and Territories.----...----- 28,29
Stone lands, what are, and how disposed of ---------------------------------- 414
Stone and timber acts ------------------------------------------------------- 357
^ references under--------------------------------------- 359
results of, acts to June 30, 1882------------------------- 1047
June 30, 1883------------------------- 1289
depredations on the public timber, 1881, 1882, and 1883. 1048.
abuses under, and frauds ----------------------- 684, 1165, 1221
great frauds under, 1883 ---------------------------- 1165–1221
forms used in entries under ---------------------------- 1084
instructions to special-timber agents, in effect December
1, 1883 ---------------------------------------------- 1053
index to-------------------------------------------- 1053–1055
St.Vincent and Kaskaskia, settlers at, reservation for, in Virginia deed of cession 82
Subdivision of townships for sale and settlement.----...--------------------- 205,214
1836 INDEX.
Page.
Survey of private land claims, claimant pays for, before patent issues.-------- 40:
Surveys of the public lands ------------------------------------------------- 178
appropriations for, how made.------------------- 191
what lands are surveyed------------------------- 185
examination of -----------. = * * * * * * * * * * * - - - - * sº tº º 'º º T85
classification of lands surveyed -----------------. 186
re-establishing the lines of public.--------------- 192
restoration of lost and obliterated corners, circular
of March 13, 1883. In effect December 1, 1883.. 669
laws and rules governing the subdivision of public 192
method of execution of ------------------------- 182, 576
instruments used for----------------------------- 184
contracts for, let to surveyors------------------- 182, 576
benefits of present system of --------------------- 188
progress of, for six years prior to 1880.----------- 192
to June 30, 1883 - - - 573
parceling, meridian and base lines, number and
location.----------------. * * * * * * * * * * * * * * * * * * * * * 179
additional meridian, I) eventiret :, 1883. ----------. 569
rectangular system of its of 12 u, and to June 30, -
1883 ---------------------...-----------------178,576
cost of, under rectangular system ---------. 189,567, 1239
cost of, from 1860 to 18-1 ------------------------ 190
Congressional appropriations 1881, 1882, 1883, and
1884 ------------------------------- 567,568, 1239, 1:240
apportionment of Congressional appropriations to
the several surveying districts, 1881, 1882, and
1883------------- --------------------------- 568, 1239
private deposits for surveys of public lands, origin
of.----------------- ----------------------184, 185,569
attempts to suppress fraud under - - - - - - - - - - - - - - - 546, 570
amount deposited, 1881, 1882, and 1883 ---.569,570, 1242,
recommendation for the repeal of this law --546—548,569,
572, 1242
circular relative to deposits. In effect December
1, 1883 -------------------- - - - - - - - - - - - - - - - - - - - - 1243
surveys of private land claims -----------------. 394,575
surveys and resurveys of public lands.----...----. 1167
area of surveys during the years 1881, 1882, and
1883 ---------------------------------------- 572, 1240
highest price paid for---------------------------- 191
present cost of surveying a township (December
1, 1883).--------------------------------------- 191
cost of, and disposition from 1785 to 1880 - - - - - - - - - 192
special, on private application and deposit ------. 184
geological surveys under the General Land Office. 186
survey of boundary lines ,----, - - - - - - - - - - - - - - - - - - - 179
Surveys of islands ------------------------------. 179
Indian reservations.----. ------------. 179
mineral claims, method of.-...--...----. 186, 1009
classification of-------- 187
cost of survey and disposition of public lands ---- 18
official instructions relative to surveys of public
lands and private land claims. In effect Decem-
ber 1, 1883 ----------------------------------- 575–680
INDEX. 1337
Page.
Surveys of the public lands–Continued. -
- index to instructions for.---------------------...-- 575
Introductory sketch of origin of public land sur-
Vey S - - - - - - - - - - - - - - - ------- : º gº tº - © e º º ºr e ºs e - - me tº º 576
The General Land Office. Its duties - - - - - - - - --. 579
Surveys and surveyors; survey of agricultural
privateland claims, mineral and all other public
lands; the statutes as to appointment of deputy
surveyors, how made ----------------- - - - - - - 579–583
System of rectangular surveying and how made. 589
Of tally pins ---------------------------------- 589
Process of chaining---------------------------- 589
Leveling the chain and plumbing the pin------- 589
Marking-lines --------------------------------- 589
On trial or random lines ----------------------- 590
Insuperable objects on line—witness points----- 590
Establishing corners --------------------------- 590
DESCRIPTION OF CORNERS:
Standard township corners ------------------ 590
Closing township corners -------------------- 590
Standard section corners--------------------- 591
Section closing corners ------------------- *... 591
Corners common to four townships.---------- 594
ARTICLE X: .
Quarter-section corners---------------------- 595
Standard quarter-section corners------------- 596
Meander corners----------------------------- 596
Witness corners ----------------------------- 597
Miscellaneous------------------------------- 397
Meandering --------------------------------- 598
Surveying----------------------------------- 5.99
Base line------------------- .* * * * * * * * * * * * * * * * * 599
Principal meridian -------------------------- 600
Standard parallels--------------- * * * * - ºr e º 'º º sº ſº º 600
Auxiliary meridians ------------------------- 600
Exteriors or township lines -----------------. 600
Method of subdividing ----------...----------. 601
Prescribed limits for closings and length of lines
in certain cases---------------------------- 602
Subdivision of Sections ---...----------------- 602
Re-establishment of lost corners. (See Special
Instuctions, page 669)---------------...----. 602
Retracing township lines ---. ------------------ 603
Field notes ---------------------------------- 603
Summary of objects and data required to be noted. 605
AFFIDAVITS TO FIELD NOTES:
Preliminary oaths of assistants.--------------- 606
Final oaths for Surveys ---------------------- 606
Final oaths for assistants -------------------. 606
Final oaths for United States deputy surveyor. 606
Specimen field-notes and plats.-------------------- 607
The magnetic declination or variation of the needle- 607
Table for reducing the observed declination to the
mean declination of the day--------------------- 609
1338 INDEX.
Page.
Surveys of the public lands—Continued.
Index to instructions for—Continued.
Table of decimal values of the magnetic declina-
tion-------------------------------- 3’- - - - - - - - - - - 610
Annual change in the magnetic declination -------- 611
Method of ascertaining the true meridian and
thereby the magnetic declination or variation of
the compass ------------------------------------ 613
Method of ascertaining the true meridian.--------- 613
To find the true meridian with the theodolite -----. 615
To find the true meridian with the compass-------- 615
Table of azimuths--------------------------------- 617
Table of offsets from tangent to parallel - - - - - - - - - - - 618
Specimen of field-notes of the survey of a standard
parallel north, how done ------------------------ 619
Specimen field-notes of the survey of a meridian ---. 627
Specimen field-notes of the survey of a township- -630,641
Private land-claim surveys, how made-...----------- 669
Four diagrams to illustrate monuments of survey,
monuments, and markings.---------------------- 669
Restoration of lost and obliterated corners, how done - 669
Mineral lands, how surveyed—method and detail-- 669
Area of surveyed lands to June 30, 1880.----------. 188
. and unsurveyedlands June 30, 1882 574
June 30, 1883 1241
public lands unsold June 30, 1880-. 15
Surveyed and unsold lands June 30, 1882, and 1883. - 528,
567. 1240
In the Indian Territory ------------------------- 457,1187
Private land claims, how done, claimant pays for
same before patent issues.---------------------- 410
False and fraudulent surveys June 30, 1883--------- 1167
Destruction of monuments of.--------------------- 1166
Surveys in the colonies, method of.------------------------------------------ 466
colony of Pennsylvania, manner of.-----...--------------------- 472
Virginia, manner of -------------------------------- 473
and disposition of crown or public lands in Canada, Brazil, Mexico, and
- Australia------------------------------- - - - - - - - - - - - - - - - - - gº º te tº dº ſº dº tº 477,494
Surveyors of public lands prior to 1825---...---------------- * † tº tº E sº tº dº gº tº tº º tº dº º ſº tº gº 171
Surveyor-general of Northwest Territory ------------------------------------ 170
...’ report of, on land claims in New Mexico -------------------. 400
Surveyors-general, within States and Territories, established, duties of...----. 171
list of, up to June 30, 1880, with compensation -----------. 172
June 30, 1883 -------------------------------- 554
reserved public lands, leased by--------------------- , s = * * ~ * 202
instructions to, by Commissioner of General Land Office as
to private land claims and surveys of ------------------- 394
rules of practice before, in contests and hearings, Decem-
ber 1, 1883---------------------------------------------- 565
Surveying districts, closing of the lands in, manner of...--------------------- 194
table showing districts, and dates at which they have
been closed.----------------------------------------- 195
now in existence, with names of surveyors'-general, and
compensation, June 30, 1883-...------------------------172,554
INDEX. 1339
Page
Swamp and overflowed lands------------------------------------------------ 219
legislation thereon from an early period.------------- 219
sketch of history of, and system ---------------------- 220
form of patent for------------------------------------ 221
official regulations and decisions in effect Dec. 1, 1883- 698
area of granted the several States -------------------- 222
to June 30, 1882---------------------- 696
to June 30, 1883---------------------- 1848
should be at once settled.-------------------. 1248
indemnity----------------------------------- - 1166
T.
Taxation of the public lands------------------------------------------------ 205–239
railroad lands.-------------------------------------------------- 1205
Telegraph lines along land-grant railroads----------------------------------- 910
Tennessee, State of, population at periods, constitutional convention, sketch of
legislation, up to admission into the Union.-------...--------------- 421
the area of, by counties. Census of 1880. -----------...----. 1190, 1195, 1210
Tenures in American colonies------------------------------------------------- 465
Tennessee, State of, embraced in the North Carolina cession, public domain
therein given to State----------------------------------------------------- S3
Territories, obsolete and former (see chapter 33, under the several States and
Territories) --------------------------------------------------- 464
existing ------------------------------------------------------ 452, 1179
grants of land to, in aid of internal improvements - - - - - - - - - - - - - - - - - 259
States and, references under chapter on -----. --------------------- 464
legislation as to, organic acts of, existing, now States.... ------ 417, 1182
government of the, how and by whom, form of, derivation of names
of (86e under name of each Territory)------------------...------- 416,418
reports as to resources of ---------------------------------------- 1181
officers of December 1, 1883-------------------------------------- 1881
United States officers in, December 1, 1883-.......--....... -...----- 1182
Territory of the United States northwest of the Ohio River—
claims of the several States to the lands therein - - - - - - - - - - - - - - - - - - - - 146
action of Congress on State cessions therein ------------------------ 147
resolution of Congress for the government of, 1784.----------------- 148
preliminary Congressional action on the ordinance of 1787 - - - - - - - - - - - 149
the ordinance for the government of the Western Territory --------- 150
ordinance of July 13, 1787, for the government of the .----...--------- 153
review of the same in relation to tenures---------------------------- 156
political history of the territory and its absorption by States and Terri-
tories ----------------------------------------------------------- 159
the boundaries of, area and present location of the -----------------. 161
Indian, tribes in, laws relating to---------------------------- 459, 1187–1255
reservations in --------------------------------------------- 459
Northwestern, mineral reservations in------------------------------ 306
of the United States south of the river Ohio—
its organization.---...- -------------------------------------------- 161
its boundaries ----------------------------------------------------- 162
States erected therefrom and its absorption.------------------------- 162
actual and nominal area and present location of lands once therein... 163
Texas, lands acquired from, by purchase and treaty -------------------------- 12
Republic of, annexation.--------------------------------------------- 120
political history of -------------------------------------- 120
1340 INDEX.
Page.
Texas, Republic of, organized.---------------------------------------------- #i
recognized by the United States ----- dº º sº e º ºs sº º ºs º ºr sº º sº ºn sº tº sº, º sº, 121
treaty between the United States and - - - - - - - - - - - - - - - - - - - - 121
annexation of, by the United States---------------------. 122
annexation of, joint resolution of Congress of the United
States thereon.--------------------------- 122
consent of, to annexation.------------------------------- 123
admitted into the Union as State of Texas .-------------- 124
area of annexed territory.-----------...------------------- 124
State of, population at periods, sketch of history of, legislation for, up
to admission into the Union ------------------------------- 435
area of, by counties, census of 1880- - - - - * * * * * * * * * * * * * * 1190,1195, 1210
1850, purchase of public domain from .----...---...----. • * * * * * 134
boundaries of ----------------------------------------------- 134
cession of lands by, area, cost, and location ... --------...----. 135
g cost per acre ------------------------------------------------ 21
Thirteen original States, derivation of names of -----------------------. ------ 468
names of, dates of ratification of Constitution of United
States, and admission into the Union (see, also, sta-
tistical tables, pages 28, 29) --------------------- 419, 1179
Timber agents, special list of ------------------------------------------------ 1052
September 1 to December 1, 1883.----------------------------- 1237
instructions to -------------------------------------------- 1055–1082
index to ; instructions to ---------------------------------- 1053–1055
special agents for, and results of their labors to June 30, 1880.-------
June 30, 1882 -------. 1049
June 30, 1883 ---...-- 1286
sketch of legislation as to ------------------------------ sº is a s = e s = • * * * * 357
act condoning trespassing on timber lands ---------...---------------- 358
instructions to June 1, 1883; in effect December 1, 1883... --...------- 1052
estimate of area of lands, June 30, 1883 -----------------------...----- 1052
regulations for protection of, December 1, 1883 ---------. * * * * * * * tº s ºs s. sº * 1053
lands, what are, how disposed of, and location of.------------. 414, 1082, 1164
recommendation of the Public Land Commission as to.... -----------. 1082
and stone acts (see Stone and Timber act).--------------------------- 357
. results of.---------. - - - - - - - - - - - - - - - - - - - - - - - - - - - 359, 1046, 1285
forms used in entry of -------------------------------- 1084
frauds and abuses under -----...----------------- 684, 1165, 1221
area of holdings under, to June 30, 1882. --------------. 1046
June 30, 1883.--------------. 1290
frauds under, and abuses of -------------------. 683, 1121, 1164
and recommendations as to .------------ 541, 551
amendment of attempted.---------------- 683
forms used in entry of.-------------------------------- 1091
regulations and fees in effect December 1, 1883. -------- 1091
culture ------------------------------------------------------------- 360
who can have the benefits of.------------------------------ 360, 1162
act ------------------------------- - * * * * * me is e s is a sº as º is as sº tº ºn s = e ºs º º sº 362
clause in homestead act -------------------------------------- 361
land bounties for -------------------------------------------. 360
area of holdings under, to June 30, 1880----------------------- 361
June 30, 1882----------------------- 1088
June 30, 1883----------------------- 1089
forms used in entry under--------------------------------- 1091–1103
regulations as to entries ------------ 1091
repeal of, recommended, and frauds
under ------- 541,681,683, 1088,1164, 1221
INDEX. 1341
Page
Title to the national domain ------------------------------------------------ 1
public domain --------------------------------------------------- 56
occupancy of Indians to public lands, how extinguished.------. ---------- 240
Tomé, town of, example of a Mexican town grant --------. ------------------ 401–404
Town grant, or pueblo, example of land grant for ---------------------------- 401
lot act.--------------------------------------------------------------- 298
list of towns under --------------------------------------------- 305
Town-site acts -------------------------------------------------------------- 298
legislation upon, history of.----------------------------------- 298
list of, with dates of entries, names of towns, and acres therein,
to June 30, 1880 --------------------------------------------- 300
June 30, 1882 --------------------------------------------- 970
June 30, 1883 --------------------------------------------- 1278
lands, which are, and how located --------------------------------- 418
method of entry and form of patent for ---------------------. 972
Township, cost of Surveying a, 1880 and 1883.---------...----. ---------...----. 191
Treaties, references relative to----------------------------------------------- 10
Indian, relating to Indian Territory ------------------------------- 459,460
Treaty, lands acquired by purchase, conquest and, from France, Spain, Mexico,
Texas, and Russia ---------------------------- --------------------- 11–13
of Ghent and commissioners under ----------------------------------- 4
of London and award under ----------------------------------------- 4
of Washington, 1842, Webster-Ashburton -------...----. ---...---------. 5
- 1846, Oregon treaty -----------------------. ---------- 7
1871, joint high commission, and awards under - - - - - - - 7
of June 15, 1846, Hudson's Bay Company, private land claims under--- 409
between United States and Texas ------------------------------------ 121
of 1783 with Great Britain, private land claims under-- - - - - - - - - - - - - - - - 37
of purchase from France of Province of Louisiana, convention 1803 - - - 96–99
Spain of Florida, 1819------------------------------ 111–114
private land claims under-- - - - - 377
decisions of court as to - - - - - - - - - 120
of Guadalupe Hidalgo, Mexico, 1848.-------------------------------- 126–134
with Mexico in Gadsden purchase--------------------------. --------- 136
with Russia for Alaska----------------------------------------------- 138
Trespassers on timber lands, condoning act for ----...-------------------------- 358
Tribes of Indians in Indian Territory ------. ---------------------- - - - - - - - - - - - 459
Tunnel rights in mining -----------------------------------------------. ----324–997
Two, three, and five per cent. funds, to June 30, 1880 - - - - - - - - - - - -... • * * * * * * * * * * * 238–239
1882------------------------721-727
1883------------------------- 1251
decision of First Comptroller United States
Treasury as to ------------------------ 721
U.
Unconfirmed private land grants in Louisiana-------------------------------- 375
Union Pacific Railroad, charter for .----------------------------------------- 267
United States, political divisions of ------------------------------------------ 2
Constitution, convention to form ------------------------------ 58
boundaries of, and of national and public domain ------------. 2–9
counties in, number of --------------------------------------- 29, 1188
and Territories, historical and statistical tables of.----. 28,29,416, 1179
Successor to the crown as to unappropriated lands ------------. 56
1342 INDEX.
Pagº.
United States; frontier and coast line of, land and water, length of.----------- 4(;4
States as proprietor of Western lands---. ---------- {59
area of total cessions to, by States ---------------------------- 56–88
population of, by periods from 1790---------------------------- 464
areas of States, Territories, and counties, 1880 ------------------ 1188
geographer of the. -------------------------------------------- 170
capital of.----------------------------- * * * * * * * * * * * * * * * * * * * * * * * 462
military district in Ohio ------------------------------. •º º sº e s - 4. 232
unlawful occupation of the public lands of, June 30, 1883-----. . 1168
Universities, land grants for-----------------------------------------------223–1250
Unsurveyed public lands, area of .--------------------------- as ºs º- 'º - tº e s - - e s sº * - 15–1241
Utah, the Territory of, population at periods, when organized, legislation as to - 453
area of, by counties, census of 1880------------- 1190,1195, 1211
W.
Valuable mineral deposits --------------------------------------------------- 1009
Value of lands granted railroads --------------------------------------------- 753
Vermont, colonization of (the New Hampshire grants)-- - - - - - - - - - - - - - - - - - - - - - - 41
sketch of history of, to 1791--------- > - - - - - - - - - - - - - - - - ** * * * * * * * * * ~ * ~ * 41–92
* admitted into the Union ------------------------------------------- 42
State of, population at periods, and sketch of, to date of admission into
the Union ------------------------- ---------- 420
area of, by counties, census of 1880 ---------------- 1190, 1195, 1212
Victoria, colony of, Australia, crown lands, how disposed of, system, with details. 504
Virginia, colonization of, first, second, and third charters -------------------- 32
political history of, until 1776 -------------------------------------- 33
cedes her Western lands to the United States --...----- • * * * * * * * * * * * * 33
adopts the Constitution of the United States - - - - - - - - - - - - - - - - - - - - - - - 33
area of, by counties, census of 1880 --------...--------------- 1190,1195, 1212
surveys of land in colony of, manner of.----------...--------------. 473
State of cession by the -------------------------------------------- 67–70
deed of cession, and modification of, reservations in deed of
cession --------- tº ºs º - - - tº º ºs º- ºr ºr e º ºs º º e º 'º - - -º º ºs º º 'º º ºs º º - tº º tº as a ºn tº 82,83
- area of cession-------------------------------------------- 86
military lands in Ohio --------------------------------------------- 62
districts in Ohio ------------------------------------------ 233
W.
Wagon roads and military wagon roads, lands granted for---------.257–260,753, 1261
sessions of Congress and administra-
tions granting lands to ------------ 261
area of ------------------------------ 287
military, acres certified or patented -------- - - - - - - - - - - 279,753, 1261
- area of grants------------------------------ 287,753, 1261
War Department, mineral lands in charge of .------------...----. ----. --------- 308
War of 1812, land bounties for----------------------------------------------- 234
Warrants, land, for bounties, United States, for all wars ------- - - - - - - - - 232,711, 1250
for Revolutionary War ----...----. 232
for war of 1812------------------ 234
for war with Mexico. -- - - - - - - - - - - 235
Warrants, lands, for bounties, total number of, with tables, to June 30, 1883.237,1250
area of acres embraced in --------...----------- 235–1250
Washington Territory, donation act in--------------------------------------- 296
population of, at periods, organization of, legislation as
to ------------------------------------------------- 454
INDEX. 1343
Page.
Washington Territory, area of, by counties, census of 1880 ----------. 1190, 1196, 1212
Washington treaty of 1842, Webster-Ashburton --------------------------- - - 5
1846, Oregon treaty ----------------------------------- 7
1871, joint high commission and awards thereunder----- 7
Water and ditch rights left to local usage ------------------------------------ 322
Western boundary lines of United States, how settled. -- - - - - - - - - - - - - - - - - - - - - - 8
Western lands, cession of, to the United States, by States--------------------- 56–88
Western Reserve of Connecticut in Ohio ------------------------------------- 82
jurisdictional cession of------------------------------------- 73–75
West Florida, province of.--------------------------------------------------- 88
grants of land in ---------------------------------------------- 377
West Virginia, State of, population at periods, Sketch of history of, constitution
of, and legislation for, up to admission into the Union. 448
area of, by counties, census of 1880----------. 1190, 1196, 1213
Williamson, J. A., president of Land Commission, and chairman of its com-
mittees ------------------------------------------------------------------- iii-v
Wisconsin, State of, population at periods, sketch of history of, constitution of,
legislation for, up to admission into the Union - - - - - - - - - 440
area of, by counties, census of 1880 -------------- 1190, 1196, 1213
Wyoming, Territory of, population at periods, organization of, legislation as to. 457
area of, by counties, census of 1880 ----------- 1190, 1196, 1213
grant for a university in ---------- • ‘º º tº º sº gº º ºs º ºs º ºs º e º sº º sº sº 1250
Y.
Yazoo claims, the ----------------------------------------------------------- 83–85
Yellowstone National Park (see National Park)------------------------------- 1294
Z.
Zane, E. and I., grant of land to, for ferries; control of rates for ferriage by
United States provided for ------------------------------------------------ 210

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