surveys; and further, when by treaty or otherwise it is found necessary to mark out portions of territory for the concentration of Indian bands or tribes, or otherwise for Indian uses, the 7th section of the act of 8th April, 1864, requires that the " surveys shall be under the direction and control of the General Land Office, and as nearly as may be in conformity to the rules and regulations under which other public lands are surveyed," a power which has been exercised in accordance with the expressed requirements of the Indian Office and under departmental orders. FOREIGN TITLES. The United States, in the enlargement of national territory, have assumed obligations under the public law, and by treaties, to recognise all titles which had lawful inception prior to the transfer of sovereignty and soil. A primary and important duty required the separation of private from the public property. "The people change their sovereign. Their right to property remains unaffected." 9 Peters, page 133. Therefore Congress have established boards of commissioners, opened the United States Courts for the adjudication of foreign titles, and in numerous cases have awarded confirmation by special legislation. These titles are in minute parcels in the form of lots, in Spanish towns, in rural claims of inconsiderable extent, rising to grants of over a million of acres, which is the case in the Forbes title in Florida, that grant being larger than the State of Delaware, and nearly twice the size of Rhode Island. The early routes of conquest and civilization may be traced in the old settlements from the St. Lawrence to the Gulf of Mexico, diverging east and west of the Mississippi. The titles we have dealt with are French, Spanish, British, and Mexican, depending for validity on the colonial laws of European sovereignties, or of Mexico. In some very few instances they were direct from the Crown, although usually made through the instrumentality of the governors general, intendants, sub-delegates, and military commandants. The property which it is thus incumbent upon us to protect embraces every species of right, inceptive to complete, including "those rights which lie in contact-those which are executory, as well as those which are executed." 4th Peters, page 511. There is no one branch of jurisprudence where greater research and extent of legal erudition have been displayed by the judicial tribunals than in the determination of the intricate questions which in this connection have arisen, been discussed and judicially determined. Upon final confirmation it is necessary to have these titles traced out and fixed, by survey and re-survey, on the earth's surface, according to the peculiarities of the ultramarine or other system of the Government from which they originated, whether in claims of English measure, or according to the perch of Paris, or the Spanish lineal arpen, or the "sitios" of California, ordinarily called leagues, and yet differing from the Spanish league of 7,056 arpens-6,002,5% acres, in the proportion which that number of acres bears to the "sitio de gañado mayor," the ordinary California ranch, embracing the quantity of 4,438, acres. These foreign titles are necessarily interlocked with the public surveys. The limited number yet to be passed upon should be brought summarily to final decision as suggested in regard to New Mexico and Arizona, so that the public property everywhere may be cleared of shadowy or groundless titles, and the national obligations met upon the basis of equity. This has been the policy of our Government, which has hitherto done so in good faith upon the acquisition of new territory, and that, too, in a spirit of enlarged liberality. The confirmations have been followed by surveys in thousands of instances, and by complete patents from the United States in favor of the original grantees or their legal representatives. These proceedings have generally relieved the public land from such antagonistical claims, thereby enabling the Government to dispose of the soil without hazard of conflict, and hence the assurance in the public mind as to the absolute reliability of United States titles. With such assurance settlers and other purchasers will progressively advance upon the unsold soil, in which the Territories alone (yet to be organized into States) comprise a surface large enough to make ninety-seven States, each the size of Maryland, exclusive of the "Indian country," which covers 68,991 square miles, or 44,114,240 acres. Then, too, notwithstanding the past immense disposal by sales and otherwise, there yet remain undisposed of in these Territories, and unsold in the land States, acres enough to accommodate over five hundred and thirty-nine million three hundred and eighty-eight thousand inhabitants, according to the number of persons to a square mile in England and Wales, and that, too, in a country, according to a recent British writer, which is a "boundless mine of wealth," its “ resources inexhaustible," with "climate varied and delightful." Historical and Statistical Table of the United States of North America. NOTE-[The whole area of the United States, including water surface of lakes and rivers, is equal to three and a quarter millions equare miles. The total population of the United States in 1860 may be set down, in round numbers, at thirty-one and a half millions In 1865 it is estimated that the population was thirty-five and a half millions, including the inhabitants of the Territories, estimated at 360,000 persons on January 1, 1865. In 1870, according to existing ratios, the population of this country will be over forty-two and a quarter millions. + The areas of those States marked with a star are derived from geographical authorities, the public surveys not having been completely extended over them. Feb. 4, 1791 1 189 87,680 1,155.684 Feb. 18, 1791 1 191 *10,212 315,098 June 1, 1796 1 491 45,600 1,109,801 331 April 8, 1812 2 173 89,964 2,339,502 *41,346 The total population of the United States in 1860 may be set down, in round numbers, at thirty-one and a half millions. In 1865 it is estimated that the population was thirty-five and a half millions, including the inhabitants of the Territories, estimated at 360,000 persons on January 1, 1865. In 1870, according to existing ratios, the population of this country will be over forty-two and a quarter millions. + The areas of those States marked with a star are derived from geographical authorities, the public surveys not having been completely extended over them. The present area of Nevada is 81,539 square miles. Should the portion of Utah be detached and also that of Arizona, as above suggested, there will be added 30,550 square miles, thereby making the area of Nevada 112,087 square miles. The present area of Utah is 106,382 square miles. By act of Congress of May 5, 1866, this area is liable to be lessened by detaching a portion on the west side of Utah to the extent of one degree of longitude, equal to 18,325 square miles, to be added to Nevada, on the latter consenting by act of Legislature. Should such act be passed, the area of Utah will be 88,037 square miles. ** By said act of May 5, 1866, Arizona, which now contains 126,141 square miles, is proposed to be reduced, by detaching from the northwestern part a tract equal to 12,225 square miles, to be added to Nevada, the Legislature of that State consenting. The effect, in that event, will be to reduce the area of Arizona to 113,916 square miles. NEVADA. Enabling act approved March 21, 1864; Statutes, volume 13, page 30. Duly admitted into the Union. President's proclamation, No. 22, dated October 31, 1861; Statutes volume 13, page 749. COLORADO.-Enabling act approved March 21, 1854; Statutes, volume 13, page 32. admitted. Not yet NEBRASKA-Enabling act approved April 19, 1864; Statutes, volume 13, page 47. Not ye admitted. That portion of the District of Columbia south of the Potomac river was retroceded to ginia July 9, 1846; Statutes, volume 9, page 35. Tabular statement showing the number of acres of public lands surveyed in the following land States and Territories up to June 30, 1865, during the last fiscal year, and the total of the public lands surveyed up to June 30, 1866, and also the total area of the public domain remaining unsurveyed within the same. *The State of Nevada was enlarged by adding one degree of longitude-detached from the west part of Utah-11,728,845 acres; also by the addition of that portion of Arizona lying between the 37th degree of north latitude and Colorado river on the south, and the 37th degree of longitude west, to the eastern boundary of California, amounting to 7,823,936 acres, which will increase the area of Nevada to 71,737,741 acres. This is, however, subject to the approval of the legislature of Nevada, of which this office has not been advised at the date of this report. Per act of May 5, 1866. A strip of one degree of longitude being taken from Utah on the west, for the purpose of adding to Nevada, equivalent to 11,728,845 acres, the area of Utah thus diminished will be 56,355,635 acres. Vacated Indian reservations in Utah (77,225 acres) were surveyed during the fiscal year ending June 30, 1866, but as this area forms part of that formerly surveyed as the public lands, and is included in 2,425,239, the area is not repeated. The area of Arizona being diminished by the cutting off the northwest corner and adding to Nevada, amounting to 7,823,936 acres, its area will be 72,906,304 acres. GENERAL LAND OFFICE, October 2, 1866. Statement exhibiting land concessions by acts of Congress to States and Corporations for railroad and military wagon road purposes from the year 1850, to August 1, 1860. No. of acres No. of acres June Estimat e d 8 grants. ...... 737,130 29. 1,004,640 00 404,800 00 652,800 00 419,528 44.. 230,400 00 394,552 99. 419,520 00 440,700 16.. 481,920 00 June 3, 1856 N'theastern & S'thwestern 6 and 15. ......do......Coosa and Tennessee...... 6 and 15. 289,535 58. 691,840 00 June 10, 1852 Hannibal and St. Joseph.. 6 and 15... Knob to Helena, Ark.)............10 and 20...... 127,238 51.. 438,646 89 5 865,539 00 6 and 15. ..Addit'al 1,115,408 41...... 1,100,067 40 5. 966,722 00 550,520 18.......... 550,525 34 458,771 00 493,821 35. 1,158,073 54. 63,540 11 781,944 83 1,161,235 07 219,262 31 5...... 182,718 CO Grants to Mississippi, Alabama, Florida, and Louisiana, under acts of May 17, June 3, and August 11, 1856, having expired, application will be made to Congress to extend the time for the completion of the railroads in said States. |