FOREIGN TITLES WHICH ORIGINATED UNDER THE FRENCH, SPANISH, BRITISH, AND MEXICAN GOVERNMENTS.

In acquiring territory the United States have stipulated in different treaties for the recognition and protection of private property. This has been done, not only as a measure of justice, but in coincidence with the public law.

California-Uuder the several acts of Congress for the settlement of Spanish and Mexican claims in that State, surveys have been reported in three hundred and sixty-seven cases, covering five million six hundred and ninety thousand five hundred acres; and of these patents have been issued for two hundred and seventy-five claims, embracing four million three hundred and sixty-three thousand three hundred acres.

Florida, Louisiana, and Missouri.-The act of Congress approved 2d March, 1867, continues in force for three years the provisions of the statute of 22d June, 1860, for the final adjustment of private land claims in the States of Florida, Louisiana, and Missouri, and for other purposes." That act constituted the registers and receivers of the several land offices in Florida, Louisiana, and the recorder of land titles at St. 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 confers power upon them to receive only such claims as are founded on written grants, and hence interdicts action upon any interest founded merely on ancient settlement, when the same is unaccompanied by paper title from the authorities of the former government.

These statutes authorize the reception and action upon such claims for tracts within the several districts as have 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 warrants 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 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 Napoleon, 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 during 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 vs. Neilson, (2 Peters's Supreme Court of the United States,) in which an elaborate decision was rendered by the Chief Justice against their validity under the then existing laws and treaties. Now, by the force and effects of the said acts of 1860 and 1867, a status is 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 done nor admitted in the judicial rulings of the Supreme Court of the United States.

Numerous claims that had their origin from governments which preceded the United States in sovereignty on this continent, have been finally confirmed by boards of commissioners, and by judicial decrees; but the greater number have been affirmed by direct legislative acts operating upon official reports submitted from time to time to Congress, from an early period.

These premises, though evidently intended to have been ceded in trust by the Cherokees to the United States, to be surveyed and sold in their behalf, have not been subdivided, or even in contract for that purpose, owing to an incongruity existing in the seventeenth article of the treaty, which appears to refer to the fourth article of the previous treaty of 1835, and to quite an irrele vant matter, and requiring, in the opinion of this Office, an amendatory treaty with the Cherokees, in order to perfect the treaty of July 27, 1866, in that respect. Pueblos.-These Indians are tillers of the soil, living in houses of peculiar structure, built, generally, of adobe, many of them two stories high, with the entrance at the top by ladders, drawn up when the inmates were housed or in case of danger. This peculiar style of construction was adopted for protection from enemies, the Pueblos being frequently attacked by roving hostile bands of Indians. The Pueblos several times revolted against the conquerors, but, after subjugation, grants bearing the village names were made to them under the former gov

ernments.

By the act of Congress approved 22d December, 1858, the titles to seventeen of these pueblos in New Mexico were confirmed, the surveys in sixteen of them approved, and patents for the same have been issued, covering over four hundred and fifty-three thousand four hundred acres. These consisted of the pueblos of Jemez, San Juan, Picuris, San Felipe, Pecos, Cochiti, Santo Domingo, Taos, Santa Clara, Jesuque, San Ildefonso, Pojoaque, Zia, Sandia, Isleta, and Nambe. For the pueblo of Acoma, confirmed by same act, no survey has been returned, nor for the Laguna, confirmed by act of 21st June, 1860.

Report has been received from the surveyor general of the pueblo of Santa Ana, which has been sent to the department for submission to Congress. In relation to this pueblo, it appears that, by decree of August 6, 1766, of Governor Tomas Velez Cachupin, a grant was made to the pueblos of Jemez, Zia, and Santa Ana, in common, of the lands situated between those pueblos and the Puerco river, the grant extending, from north to south, from the Ventand to the Stone ford, eight leagues, more or less, and from the pueblo of Zia west to the Puerco river, about six leagues. The surveyor general, under date August 6, 1867, reports that the original papers in regard to this concession were brought by the Indians of Zia to the surveyor general's office, where a transcript and translation were made and the original returned to the Indians of the pueblo.

The tracts embraced in this grant, according to the report from the alcalde sent by the Spanish government to examine the matter, are only fit for pasture. The additional grant claimed under the proceedings of Governor Cachupin would add two hundred thousand acres to the lands of the three pueblos above named.

There is no record in the office of the surveyor general concerning the pueblo of Zuni. That officer reports that he has seen their cultivated fields fifteen miles east and six miles west of the village, and has been informed they cultivate for a considerable distance north and south of the town. For the geographical position of the Pueblo villages in New Mexico reference is made to the map accompanying annual report herewith of the surveyor general.

Indian lands-During the fiscal year ending 30th June, 1867, and the first quarter of the current fiscal year, five hundred and fifty Indian patents have been issued, embracing in the aggregate eighty-nine thousand eight hundred and twenty-four acres.

The patents were issued under various treaties and acts of Congress relative to the Winnebagoes, Sacs and Foxes of the Mississippi, Sacs and Foxes of Missouri, Kansas Indians, Stockbridges, Pottawatomies, Pawnees, Poncas, Shawnees, Osages, Delawares, and Creeks. Of this quantity, thirty-three thousand and eighty-nine acres were patented under acts of Congress for the disposal of Indian lands in trust for the use and benefit of the Winnebago and Kansas Indians.

FOREIGN TITLES WHICH ORIGINATED UNDER THE FRENCH, SPANISH, BRITISH, AND MEXICAN GOVERNMENTS.

In acquiring territory the United States have stipulated in different treaties for the recognition and protection of private property. This has been done, not only as a measure of justice, but in coincidence with the public law.

California-Under the several acts of Congress for the settlement of Spanish and Mexican claims in that State, surveys have been reported in three hundred and sixty-seven cases, covering five million six hundred and ninety thousand five hundred acres; and of these patents have been issued for two hundred and seventy-five claims, embracing four million three hundred and sixty-three thousand three hundred acres.

Florida, Louisiana, and Missouri.-The act of Congress approved 2d March, 1867, continues in force for three years the provisions of the statute of 22d June, 1860, for the final adjustment of private land claims in the States of Florida, Louisiana, and Missouri, and for other purposes." That act constituted the registers and receivers of the several land offices in Florida, Louisiana, and the recorder of land titles at St. 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 confers power upon them to receive only such claims as are founded on written grants, and hence interdicts action upon any interest founded merely on ancient settlement, when the same is unaccompanied by paper title from the authorities of the former government.

These statutes authorize the reception and action upon such claims for tracts within the several districts as have 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 warrants 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 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 Napoleon, 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 during 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 vs. Neilson, (2 Peters's Supreme Court of the United States,) in which an elaborate decision was rendered by the Chief Justice against their validity under the then existing laws and treaties. Now, by the force and effects of the said acts of 1860 and 1867, a status is 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 done nor admitted in the judicial rulings of the Supreme Court of the United States.

Numerous claims that had their origin from governments which preceded the United States in sovereignty on this continent, have been finally confirmed by boards of commissioners, and by judicial decrees; but the greater number have been affirmed by direct legislative acts operating upon official reports submitted from time to time to Congress, from an early period.

In multitudes of cases parties in interest seem to have rested, as sufficient evidence of their right, upon the decrees or acts of confirmation and actual possession, and hence the apathy in that respect which has existed in not applying for patents or complete titles as authorized by acts of Congress.

The General Land Office, however, is prepared to meet all lawful demands in the way of conferring such complete titles, where the terms of confirmation shall have been fully met by the rendition of authenticated plats of surveys, accompanied by the patent certificates, the statutory provisions generally making such instruments the necessary basis of patents from the United States.

LEGISLATION IN RELATION TO DISCONTINUANCE OF SURVEYINg districts.

An act for the discontinuance of the office of surveyor general in the several districts, so soon as the surveys therein shall be completed, was approved June 12, 1840. (Section 1, Statutes, vol. 5, p. 384.)

Another law was passed January 22, 1853, (Statutes, vol. 10, p. 152, amendatory of that of June 12, 1840,) providing that the field-notes, maps, records, and papers, may be turned over to the State authorities when a surveyor general's office is discontinued; the amendatory statute clothes the Commissioner of the General Land Office with authority to act ex-officio as surveyor general, the statute stipulating in behalf of the United States for free access to the archives after the same shall have been delivered to the State.

Pursuant to those enactments the archives were delivered, years ago, to the authorities of Ohio, Indiana, Michigan, Alabama, Mississippi, and more recently to Missouri and Wisconsin, the public surveys having been completed in those' States. The records for Arkansas and Illinois, where the field-work has been finished, are awaiting, as preliminary to delivery, the State legislative acceptance, according to the terms presented by acts of Congress. In Arkansas the completed archives, in 1859, were placed for safe-keeping with the register at Little Rock; other records connected with the surveys in that State are in charge of the General Land Office, while the surveying records for Illinois remain in the custody of the recorder of land titles at St. Louis. In Iowa, where the field-work is completed, the surveying records are at Dubuque, in anticipa tion of the requisite State legislative acceptance of the same.

In Louisiana and Florida the surveys are far advanced towards completion; but the events of the last few years have produced such results in regard to that service as to render proper the suggestion that legislative provision be made for filling the offices of surveyors general for these States for a period long enough to place the service in a satisfactory condition for winding it up; the archives for Louisiana being now in possession of the United States land office at New Orleans, while those for Florida are at Tallahassee.

LEGISLATION RESPECTING THE DISCONTINUANCE OF LAND OFFICES.

The law of June 12, 1840, (second section Statutes, vol. 5, p. 384,) orders that whenever the quantity of land remaining unsold in any district shall be less than one hundred thousand acres, the district shall be discontinued, and the land unsold made subject to sale at the land office most convenient to the place in which the land office shall have been discontinued.

The 7th section of the act of September 4, 1841, (Statutes, vol. 5, p. 455,) declares that land districts may be continued, if the quantity of land unsold does not equal one hundred thousand acres, should such continuance be required for public convenience, or in order to close the land system in a State.

The law of March 3, 1853, (Statutes, vol. 10, p. 194,) provides that land offices may be annexed to adjacent districts by the President, whenever the cost of collecting revenue from sales of public lands in a district amounts to onethird of the whole revenue there received, if, in his opinion, the consolidation is not incompatible with the public interest.

By the act of March 3, 1853, (Statutes, vol. 10, p. 244,) authority is conerred upon the chief executive to change the seats of land offices.

The first section of the act of February 18, 1861, vol. 12, page 131, authorized the register and receiver of the consolidated office, at Boonville, Missouri, to receive fees for certain services. The second section of that law allows officerent and clerk-hire, if sanctioned by the Secretary of the Interior. The third section extends the provisions of that statute to all consolidated offices.

In the fifth section of the law of 30th May, 1862, vol. 12, page 409, it is declared that upon recommendation of the Commissioner of the General Land Office, approved by the Secretary of the Interior, the President may direct the discontinuance of any district, and the transfer of its business and archives to any other land office within the same State or Territory.

By the seventh section of the act of 26th July, 1866, Laws, p. 252, the President is authorized, in reference to mining interests, to establish additional land districts, and appoint officers under existing laws, whenever he may deem it necessary for the public convenience. In executing the provisions of the law, registers and receivers, under this act, are held by this office as possessing powers co-extensive with all other interests connected with the disposal not only of mineral but agricultural lands.

Under the above-mentioned act, additional land offices have been created and established as follows:

At Sacramento, California, district composed of the counties of Sierra Nevada, Placer, El Dorado, Amador, Calaveras, Alpine, and Sacramento.

At Austin, Nevada, district composed of the county of Lander.

At Belmont, Nevada, district composed of the counties of Nye, Esmeralda, and the unorganized county of Lincoln.

At Lewiston, Territory of Idaho, district embracing all that part of the territory lying north of the Salmon river range of mountains.

At Fair Play, Territory of Colorado, district composed of the counties of Lake, Park, and Summit.

Under the act of 27th of June, 1866, Laws, p. 77, a land office has been established at Boise City, Idaho Territory, the district embracing all that part of the Territory lying south of the Salmon river chain of mountains.

Under authority of the act of March 2, 1867, Laws, p. 542, a land office for the Territory of Montana has been established at Helena, and the site of a land office for the Territory of Arizona has been fixed at Prescott.

In accordance with the provisions of the act of 3d March, 1853, the President, under date of 16th February, 1867, directed that the office for the sale of public lands, in the southwestern district of Alabama, be removed from St. Stephen's to the city of Mobile, in that State.

In April, 1867, an order was given for the discontinuance of Elba land district, in the State of Alabama, and the vacant public lands therein were made subject to sale at Montgomery.

By notice, dated the 8th May ultimo, the land offices at St. Augustine, Newnansville, and Tampa, in the State of Florida, were discontinued, and the vacant lands in the several districts were made subject to sale at Tallahassee, thus consolidating all the land offices in the State at the capital.

It is suggested that the head of the department be clothed with authority to discontinue land districts in which an inconsiderable quantity of vacant public land remains unsold, to the end that the government may be relieved from the expense of maintaining local land offices when they cease to subserve public interest and necessity; and that upon such discontinuance the Commissioner of the General Land Office be invested with all the authority of district land officers to dispose of any unsold land, should any remain, thus enabling citizens to acquire title from the department.