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REPORT

OF THE

COMMISSIONER OF THE GENERAL LAND OFFICE.

DEPARTMENT OF THE INTERIOR,

General Land Office, November 1, 1869. SIR: Pursuant to the Senate's resolution of July 28, 1855, the following is submitted as an abstract of the report of this office for the fiscal year ending June 30, 1869:

First. That system has extended to all the public-land States and Territories of the republic, except Alaska and Wyoming, in which the public-land system is not yet inaugurated. Surveying operations are intrusted to surveyors general in fifteen different surveying departments, each having a surveyor general, with corps of deputies. The disposal of the public domain is in charge of registers and receivers in seventy-three different land districts.

In Ohio, Indiana, Illinois, Michigan, Missouri, Alabama, Mississippi, Wisconsin, and Iowa, the surveys are completed, and archives transferred to the State authorities. The surveying service is in progress in Oregon, California, Nevada, Kansas, Nebraska, Minnesota, Louisiana, and Florida, and in the Territories of Dakota, Colorado, New Mexico,, Utah, Idaho, Montana, Washington, and Arizona, the last-named being attached to the surveying district of California. The field service in Louisiana and Florida is now nearly completed. The policy of the gov-. ernment has always favored the rapid transfer of its proprietary interest. to individual ownership. During the fiscal year ending June 30, 1869, advance in this respect has been reached by the disposal

Second. For cash, with a small amount of military scrip..
Location of bounty-land warrants....

Homestead entries under acts of 1862, 1864, and 1866....
By agricultural college scrip, under act of July 2, 1862.
Certified for railways and wagon roads under different
acts of Congress..

Approved to States as swamps, under acts of 1850, and
selected as indemnity.

Located with Indian scrip..

Aggregate disposal of land during the last fiscal year ending June 30, 1869...

Acres..

2, 899, 544. 30

449, 780.00 2, 737, 365. 05 352, 664. 86

746, 769. 51

455, 768. 49

24, 259.76

7,666, 151. 97

Being an increase over the fiscal year next preceding of over one million

acres.

Third. The cash receipts for ordinary sales, pre-emption, (including a small quantity of military scrip received as money;) for the $5 and $10

homestead payments; for commissions on homesteads; fees for locating agricultural scrip and military bounty-land warrants; for fees on preemptions, donations, railroad selections; for certified transcripts, making an aggregate cash receipt during the said fiscal year ending June 30, 1869, of $4,472,886 28, being an increase over the year next preceding of $2,840,160 38.

These results show a gratifying increase in the number of freeholds by actual settlers. The policy of the land system tends to the diffusion of proprietary rights in the soil, thereby increasing the stability of the social system in the several communities of the west.

Fourth. Immigration.-The rapid extension of our western settlements, largely due to the influx of foreign immigration, shows that more than the usual proportion of the intelligent and moneyed classes of Europe have become interested in our extraordinary resources; the improved character of foreign immigration being due, it is believed, to the authoritative dissemination of official information in Europe respecting the landed interests of the republic. In addition to the enormous increase of societary movement from immigration, the direct contribution to our natural wealth in the form of active capital brought to this country merits attention. It is conceded that alien immigrants bring with them an average of sixty-eight dollars per head, and that at this rate the money thus imported from 1790 to 1860 would not be less than four hundred millions in gold.

Fifth. Sketches given of the United States surveying system, as inaugu rated in 1785 and modified by successive congressional enactments, consisting of base lines, meridians, standards, parallels, guide meridians, township and section lines. The system extends through the publicland States and Territories, except, as aforesaid, Alaska and Wyoming, and has led to the establishment of twenty principal bases, and twentythree principal meridians, the whole of the surveys resting on these bases and meridians, which govern and control all subdivisional extensions of the public lands, embracing—

Sixth. An aggregate area of acres

Seventh. There have been surveyed during
the last fiscal year-acres...
Involving 40,849 lineal miles of surveying,
measuring, and marking in the field. This
added to the extent of prior surveys,
amounts to-acres

Requiring perambulations of surveyors, equal to 1,514,826 lineal miles, and making

Eighth. A grand aggregate of....

10, 822, 896

497, 744, 856

acres surveyed from the foundation of the system to the

1, 834, 998, 400

508, 567, 752

30th June, 1869, leaving

Ninth. The unsurveyed area—acres.

1,326, 430, 648

Tenth. The personnel of the surveying service during the last fiscal year, consisting of surveyors general, deputy surveyors, with their field parties, draughtsmen, clerks, and other employés in the surveying departments, is equal to one thousand persons engaged in the prosecution of the public surveys.

LAW OF PROPERTY—PRE-EMPTION AND HOMESTEAD TITLES.

Eleventh. The principles considered upon which rights of property rest. Habits of settled industry and permanent residence shown to be essential to civilization. No nation has entered upon a career of civilization without abandoning the community of landed estate and admitting the rights of private property. Considerations presented as to the origin of the rights of property. A glance taken at the theories of leading publicists in this respect-Grotius, Puffendorf, Rutherforth, and others. The fundamental principles of public order essential elements in the organization and administration of the public domain.

Twelfth. The general government has admitted the usufructuary Indian titles and extinguished them by purchase as westward expansion of civilization has rendered it necessary. It is a prominent feature in the legislative mind to favor a policy of transferring to individuals titles to the soil by the most speedy process. The anxious attention of our statesmen was occupied with the subject a whole year in framing the "ordinance" in that respect, which was the nucleus of the series of enactments intended to adapt the land system to the wants of successive periods of our history.

Thirteenth. Early legislation made liberal land appropriation as bounty to the military, indicating the nation's gratitude for their inestimable services, and provided for cash sales-the minimum price, after successive legislation, being placed at $1 25 per acre, by the act of April 24, 1820.

Fourteenth. The act of 1807 declared it unlawful to make settlements on the public lands. Under the pressure of the great western movement Congress passed a series of pre-emption statutes, retrospective at first, and finally passed the prospective, permanent pre-emption act of 4th September, 1841. That act, however, with the law of 3d March, 1843, was restricted to surveyed lands. By certain acts of 1853 and 1854 the pre-emption system was still further enlarged, so that the title of settlers could have inception on lands before survey. These wise measures have opened avenues to independence and wealth to multitudes of individuals.

Fifteenth. Modifications to perfect pre-emption system recommended by admitting joint entries, in certain cases, to embrace the dwellings and valuable improvements of two or more grantees who had settled before survey and afterward were found on the same legal subdivision; also, in fixing specific limits as to time within which pre-emptors on unoffered land shall render proof and payment.

Sixteenth. Homesteads.-The disposal of lands as intended by the homestead laws. By act of June 26, 1866, the lands in Alabama, Mississippi, Louisiana, Arkansas, and Florida are restricted in disposal to homestead entries.

Since last report 2,737,365.05 acres have been disposed of under the homestead enactments, being an increase of 408,441.80 acres over the aggregate of the year next preceding. The total fees and commissions amounted to $315,419 45, while the total expense of the General Land Office and of seventy-three district land offices did not exceed $453,816 43.

Seventeenth. The conclusion is reached that, by the direct or indirect operations of the land system, 60,000 small farms, during the last fiscal year, have been added to the agricultural freeholds of the United States, being nearly double the number of land-owners in England, according to the British census of 1861. The pre-emption principle has been

applied to town sites, giving great facilities for building towns and cities on the public lands.

Eighteenth. If to the rural we add the urban proprietors, we have an aggregate of nearly five and a half millions of land-owners, about one in every eight of the population. History may be challenged for a par allel to these facts.

Nineteenth. Leading rulings presented under the pre-emption and homestead laws.

Twentieth. Land grants in aid of popular education, on the assumption that government, as the organ of society, is vested with the power to meet this social necessity. Hence, in the ordinance of 1785, the sixteenth section in every township was set apart for the endownment of schools. At a later period the grant has been duplicated by adding the thirty-sixth to the sixteenth section. While endowments have also been made for institutions of a higher grade, advancing still further in this noble policy, Congress, in the act of 1862, conceded to the States 30,000 acres for each senator and representative, under the apportionment of 1860, for the support of agricultural and mechanic colleges. Details given in regard to this measure.

Twenty-first. Concessions in aid of internal improvements; leading cases given, with the status of each under special grants.

Twenty-second. Cities and towns on the public lands. Town-site acts of March 2, 1867, and June 8, 1768, having given new impetus to the building of cities on the public domain, several rulings are presented. It is estimated that thirteen thousand towns, cities, and villages have been established on the public lands.

Twenty-third. The establishment and re-opening of land offices. Adjustment of boundaries of land districts. Land offices, pursuant to the President's order, have been removed from Omaha to West Point; Nebraska City to Lincoln; from Brownsville to Beatrice; and an additional office, at Grand Island, has been opened. Boundaries of the Aurora land district, in the States of Nevada and California, have been adjusted according to the lines of the public surveys. A land office at Los Angeles has been opened. The office formerly at Winnebago City, Minnesota, has been transferred to Jackson. Pursuant to act of 25th July, 1868, an office has been established at Alexandria, Minnesota.

Twenty-fourth. Accounts of receivers of public moneys and disbursing agents, surveyors general, and deputies, have all been adjusted to recent dates; measures taken to insure rigid responsibility and prompt deposits. Reference made to the inhibition as to all General Land Office employés being interested in any tract of public land, with recommendation that such inhibition shall be extended to all persons connected with the local land administration in the several States and Territories. Twenty-fifth. Outline given of laws and regulations regarding repayment of public moneys in case of error in sale and change of entries. Twenty-sixth. Suggestions in regard to inundated lands.

Twenty-seventh. Report of the steps taken to establish the boundary line dividing New Mexico from Colorado, with details of interest incident to the service.

Twenty-eighth. Report of the change which has taken place in the bed of the Missouri River, above Dakota City, in Nebraska.

Twenty-ninth. Details given as to the duties enjoined by law on the Commissioner of the General Land Office for the survey of Indian reservations; full report of proceedings had in that respect. Mendocino reserve restored to the masses of public land by act of July 27, 1868, and ordered to be surveyed and sold. The return of survey shows its

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