to the commissioner of the general land office, a transcript of their decisions in favor of 18 August 1856. claimants, which shall contain a fair statement of the evidence on which each respective Decisions to be claim is founded; and also a transcript of their decisions against claimants, with a like reported to the statement of the evidence, and the reason of such rejection. land office. Ibid. 27. 310. The commissioner of the general land office, upon the receipt of such transcript of their decisions, shall issue a patent to such claimant so confirmed in his title by Patents to issue the said commissioners; and where any such claims have been rejected, the said com- on confirmed missioner, upon application of the proper person, shall have power to revise such decision claims. of the said board, and may, if in his opinion the evidence warrants it, reverse such de- Revision of recision, and issue a patent therefor to such claimant: Provided, That this right to revise jected claims. shall not extend to those claims rejected, where the same lands have been confirmed by the said board to some other claimant: And provided further, That the patents so issued Effect of patent. shall only be a relinquishment of the title of the United States, and shall not be considered or construed into an abridgment of the rights of third persons. Vincennes reestablished. 311. Immediately after the passage of this act, the commissioner of the general land Ibid. 28. office shall give directions to the register and receiver of the land offices at Indianapolis Land office at forthwith to transfer to the land offices at Vincennes the books, documents, maps, plats, surveys and all other papers and writings deposited in the land offices at Indianapolis by the register and receiver of the land offices at Vincennes, and which originally were deposited in the land offices at Vincennes, and were transferred from said offices to the land offices at Indianapolis, under the provisions of the act "for abolishing land offices under certain circumstances, and for other purposes," approved June the 12th 1840; and the said land offices at Vincennes are hereby re-established and reorganized, as fully and effectually for the transaction of business and the sales of the public lands within said Vincennes land district, as if said land offices had not been abolished by the provisions of the act last aforesaid. Ibid. 29. 312. The commissioner appointed under this act by the president, shall receive as a full compensation for his services, a salary at the rate of three thousand dollars per Compensation of annum, payable quarterly out of the treasury; and the register and receiver shall receive commissioners. such compensation for their services under this act as may be just and proper, in the discretion of the commissioner of the general land office. Ibid. 10. 313. It shall be the duty of the commissioner of the general land office, to prescribe such rules and regulations as may be necessary to give full effect to the provisions of Regulations to be this act. IV. PRE-EMPTION RIGHTS. (a) prescribed. 2 Stat. 797. in the Illinois right of tion. pre-emp 314. Every person or legal representative of every person, who has actually inhabited 5 Feb. 1813 2 1. and cultivated a tract of land lying in either of the districts established for the sale of public lands in the Illinois territory, which tract is not rightfully claimed by any other Actual settlers, person, and who shall not have removed from said territory; every such person and his territory, to have legal representative shall be entitled to a preference in becoming the purchaser from the United States of such tract of land at private sale, at the same price and on the same terms and conditions in every respect, as are or may be provided by law for the sale of other lands sold at private sale in said territory, at the time of making such purchase: Provided, That no more than one quarter-section of land shall be sold to any one indi- Restricted to one vidual in virtue of this act; (b) and the same shall be bounded by the sectional and quarter-section. divisional lines run, or to be run, under the direction of the surveyor-general, for the division of the public lands: Provided also, That no lands reserved from sale by former Exceptions. acts, or lands which have been directed to be sold in town lots and out-lots, shall be sold under this act. Ibid. 22. 315. Every person claiming a preference in becoming the purchaser of a tract of land in virtue of this act, shall make known his claim, by delivering a notice in writing Claimants to give to the register of the land office, for the district in which the land may lie, wherein he notice to register. shall particularly designate the quarter-section he claims; which notice the register shall file in his office, on receiving twenty-five cents from the person delivering the same. And Entries by prein every case where it shall appear to the satisfaction of the register and receiver of emptioners. public moneys of the land office, that any person who has delivered his notice of claim, is entitled, according to the provisions of this act, to a preference in becoming the purchaser of a quarter-section of land, such person so entitled shall have a right to enter the same with the register of the land office, on producing his receipt from the receiver of public moneys for at least one-twentieth part of the purchase-money, as in case of other public lands sold at private sale: Provided, That all lands to be sold under this act within what shall be entered with the register, at least two weeks before the time of the commence- period claim to ment of the public sales, in the district wherein the land lies; and every person having a right of preference in becoming the purchaser of a tract of land, who shall fail so to be presented. 5 Feb 1813. 27 Feb. 1815 3. 3 Stat. 218. lands may enter others. make his entry with the register, within the time prescribed, his right shall be forfeited, and the land by him claimed shall be offered at public sale, with the other public lands in the district to which it belongs.(a) 316. Every person or persons who settled on and improved any of the lands in the said territory, reserved for the use of schools or seminaries of learning, before the 5th Settlers on school day of February 1813, and who would have had the right of pre-emption thereto, had not the same been reserved as aforesaid, shall be entitled to the pre-emption of the like quantity of other land, upon the same terms, and under the same restrictions, provided by the fourth section of the said recited act;(b) to be located on any lands within the boundary specified in this and the said recited act, not otherwise appropriated; and such person shall also be entitled to the benefit of, and subject to the restrictions contained in this act. (c) on other lands. Ibid. 24. 317. All and every person or persons entitled to the pre-emption of lands, under the Unlocated claims fourth section of the before-recited act, (d) who failed to locate their claims within the may be entered time limited in said act, and which lands have been appropriated by others, shall be entitled to the pre-emption of the like quantity, as they could have appropriated under the said act, or under the provisions of this act; to be located on any land within the boundary specified in this and the said recited act, not previously appropriated. Ibid. 25. Entries to be 318. All and every person or persons entitled to the pre-emption of lands under the provisions of this act, shall conform to and be governed by the rules prescribed in the governed by act said recited act, (e) in locating, proving and completing their titles respectively, except in cases where the same is changed by this act. of 1814. Ibid. 26. Public notice to be given. 319. It shall be the duty of the register of the land office for the district of Kaskaskia, to give notice by an advertisement inserted for one month in at least one newspaper published in the said territory, to all persons entitled to a pre-emption in the purchase of any tract of land, by virtue of this or the before-recited act, that they may make such purchase, on application to him at his office, on or before the first day of May, in the When right to be year 1816; and every person failing or refusing to enter with the said register, the land to which the right of pre-emption is so secured, notice being given as before mentioned, within the time aforesaid, shall lose his, her or their right of pre-emption. forfeited. 26 April 1816 ? 1. 3 Stat. 307. lands may enter emption. 320. Every person, and the legal representatives of every person who, before the 5th day of February 1813, settled on and improved any tract of land reserved for the use of Settlers on school schools or seminaries of learning, and who, had not the same been reserved, would have the same for pre- had the right of pre-emption within the tract of country set apart by the 3d section of the act of the 16th day of April 1814, (g) entitled "An act confirming certain claims to land in the Illinois territory, and providing for their location," to satisfy the unlocated claims to land in the said territory; shall be, and they hereby are authorized and allowed, until the 1st day of October 1816, to enter the same, for purchase, with the register and receiver of public moneys of the land office at Kaskaskia; and it shall be the duty of the register and receiver to enter the same for purchase, according to the provisions of this and the said recited act: Provided, That such person or persons shall not have entered, in right of pre-emption, other lands in lieu thereof, in virtue of the 3d section of an act to amend the aforesaid act, passed the 27th day of February 1815.(h) Ibid. ? 2. reserved for schools, &c. 321. The register and receiver of public money shall have power, and they are hereby Other lands to be authorized to select any other vacant and unappropriated lands within the tract set apart to satisfy confirmed claims as aforesaid, in lieu of such of the lands formerly reserved for a seminary of learning, and for the support of schools, as have been appropriated in satisfaction of ancient grants or confirmed improvement claims, or as shall be entered in right of pre-emption, according to the provisions of the preceding section of this act: Provided, That the lands thus to be selected shall be taken as near adjacent to those in lieu of which they are selected as an equal quantity of land of like quality can be ob tained, and shall be reserved and appropriated for the same purpose. Ibid. 23. 322. The provisions of the 2d section of an act passed the 27th day of February Act of 1815 ex- 1815, (i) respecting the settlers on the fractional sections and quarter-sections within the aforesaid reserved tract, shall extend to all other settlers on the fractional section or quarter-sections within the Kaskaskia district. tended. 8 Aug. 1846 9 Stat. 50. 1. 323. Every actual settler, being the head of a family, or widow or single man ovel the age of twenty-one years, who is now in possession, by actual residence as a house Settlers on the keeper, of any tract of public land within the limits of the several cessions by the Miam Indians in Indiana, which have not yet been proclaimed for sale by the president, or any such person who shall hereafter settle, erect a dwelling-house, and become a houseke-per Miami lands to be entitled to preemption. (a) See act 11 May 1820, for the relief of certain settlers in the state of Illinois, who reside within the Vincennes land district. 3 Stat. 573. (b) Act 16 April 1814, supra, 286. (c) See infra. 320. (a) See supra. 285. (See supra, 316, (i) See supra, 291 66 upon any such tract of land, shall be entitled to the same benefits and privileges, with 3 August 1846. respect to said land, as was granted to settlers on other lands by the act approved 22d of June 1838, (a) entitled 'An act to grant pre-emption rights," and the several amendatory provisions of said act, effected by the subsequent acts bearing date 1st June 1840,() and 3d March 1843:(c) Provided, That the minimum price per acre of said land shall be two dollars per acre. Ibid. 2. 324. In every case the affidavit of the claimant under this act shall be like unto that prescribed by the act of 22d June 1838, (d) and the same shall be filed, and proof and Oath. payment made for the land claimed, at any time before the day fixed by the president's proclamation for the public sale of the said land: Provided, That where a tract of land Previous settle. is now settled upon, a settlement made on such tract subsequent to the date of this law ment to give ple shall confer no right on the last-mentioned settler; and where settlements shall hereafter be made, the right shall be in the first settler, who shall otherwise comply with the conditions of this law. emption right. 9 Stat. 275. rants may be ap 325. Those persons who are entitled to bounty land warrants for one hundred and 7 Aug. 1848 3 1. sixty acres in virtue of their own services during the present war with Mexico,(e) and who may likewise be entitled to the right of pre-emption upon the Miami lands in Indi- Bounty land warana, under the act of the 3d of August 1846, (g) shall have the privilege of applying plied in payment. their warrants in payment or part payment for the tract to which they may establish their right of pre-emption; said warrant to be estimated, when received as aforesaid, at the sum of one dollar and twenty-five cents for cach acre therein contained: Provided, That in no case shall the government be required to refund any excess of the estimated amount of said warrants, over and above the price of the tract claimed to be entered; and should the tract claimed to be entered as aforesaid exceed, at the rate fixed by law, the said sum, then and in such case the balance of the purchase-money of said tract shall be paid in cash. V. SETTLEMENTS IN MICHIGAN. 2 Stat. 438. actual settlers. 326. To every person or persons in the actual possession, occupancy and improvement 3 March 1807 ? 2. of any tract or parcel of land, in his, her or their own right, at the time of the passing of this act, within that part of the territory of Michigan to which the Indian title has Donations to been extinguished, and which said tract or parcel of land was settled, occupied and improved by him, her or them, prior to and on the first day of July 1796, or by some other person or persons under whom he, she or they hold or claim the right to the occupancy or possession thereof, and which said occupancy or possession has been continued to the time of the passing of this act; the said tract or parcel of land thus possessed, occupied and improved shall be granted, and such occupant or occupants shall be confirmed in the title to the same as an estate of inheritance in fee-simple: (h) Provided To be entered at however, that no other claims shall be confirmed, by virtue of this section, than such as have been entered, with the register of the land office of Detroit, within the time and in the manner provided by law, and by the commissioners aforesaid have been inserted in their report transmitted as aforesaid; [nor shall more than one tract or parcel of land be thus granted to any one person,] (i) and the same shall not contain more than the quantity claimed, nor more than six hundred and forty acres: And provided also, that the same Exceptions. shall not extend to any tract heretofore reserved, or which may, by the president of the United States, be set aside for public uses, in the town of Detroit and its vicinity, or on the island of Michilimackinac.(k) Detroit. Ibid. 3. cide on claims. 327. The secretary of the territory of Michigan, together with the register and receiver of public moneys of the land office of Detroit, shall be commissioners for the purpose of Commissioners ascertaining and deciding on the rights of persons claiming the benefit of this act; and appointed to de the said commissioners shall, previous to entering on the duties of their appointment, respectively take and subscribe the following oath or affirmation, before some person qualified to administer the same: I, —————————, do solemnly swear (or affirm) that I will Oath. impartially exercise and discharge the duties imposed upon me by an act of congress entitled "An act regulating the grants of land in the territory of Michigan." And it shall be the Their powers and duty of the said commissioners to meet at the town of Detroit, on or before the first day of July next, and they shall not adjourn to any other place, or for any longer time than three days, until the first day of January next, or until they shall have completed the (a) See supra, 76. (2) See supra, 78. (c) See supra, 90. duties. (k) See act 23 April 1812, to authorize the granting of patents for land, according to the surveys that have been made; and to grant donation rights to certain claimants of land in the district (d) See supra, 77. And United States v. Stanley, 6 McLean, 409. of Detroit. 2 Stat. 710. Act 3 March 1817, allowing further time (e) See tit. "Bounty Lauds," 25. (g) See supra, 323. (h) Lands granted by this act, in fulfilment of the 2d article of the treaty of 1794, between the United States and Great Britain, were not donations, and did not disqualify a settler from receiving a donation under the acts 15 May 1820, (3 Stat. 605), and 3 March 1823. (Ibid. 786). Forsyth v. Reynolds, 15 How. 358. (i) See infra, 332. for entering donation rights to lands in the district of Detroit. 3 Stat. 390. Act 11 May 1820, to revive the powers of the commissioners for ascertaining and deciding on claims to land in the district of Detroit, and for settling the claims to land at Green Bay and Prairie du Chien in the territory of Michigan. 3 Stat. 572. And act 21 April 1823, to revive and continue in force certain acta for the adjustment of land claims in the territory of Michigan. Ibid. 724. 3 March 1807. business of their appointment. And the said commissioners, or a majority of them, shall Certificates. Surveys. have power to hear and decide, in a summary manner, all matters respecting such claims, to compel the attendance of witnesses, to administer oaths and examine witnesses and such other testimony as may be adduced, and to determine thereon according to justice and equity. Minutes of the proceedings, decisions, meetings and adjournments of the board shall be regularly entered, by the register, in a book to be kept for that purpose, together with the evidence on which such decisions are made, unless such evidence has already been entered, according to law, in the book or books of minutes kept by the commissioners appointed under former acts to investigate the claims to land in the dis trict of Detroit. And when it shall appear to the said commissioners that the claimant is entitled to a tract of land by virtue of this act, they shall give a certificate thereof stating the circumstances of the case, and that the claimant is entitled to receive a patent for such a tract of land by virtue of this act; which tract shall be surveyed in conformity with the decision of the commissioners, at the expense of the party, and under the direction of the surveyor-general, by such of his assistants, residing in the territory of Michi gan, as the said surveyor-general shall appoint for that purpose: Provided, That the whole expense of surveying and marking the lines shall not exceed three dollars for every mile that shall be actually run, surveyed or marked. The surveyor-general shall transmit to the register of the land office at Detroit, general and particular plots of all the lands surveyed as aforesaid, and shall also forward copies of the said plots to the Decisions to be secretary of the treasury. The commissioners shall transmit to the secretary of the treasury a transcript of their decisions in favor of claimants, which shall contain a fair statement of the evidence on which each respective claim is founded, and shall be signed by the said commissioners, and shall state the names of the parties in whose favor the certificates have been granted, the number of acres granted, and the situation of the land. And the certificate and certificates, granted as aforesaid by the commissioners, being duly entered with the register of the land office of Detroit, prior to the first day of January 1809, shall entitle the party or parties, as soon as the plot or plots aforesaid shall have been transmitted to the said register, to receive from him a certificate or certificates, for each of which certificates the register shall receive one dollar, directed to When patents to the secretary of the treasury; and if it shall appear to the satisfaction of the said secre tary that such certificates have been fairly obtained, according to the true intent and meaning of this act, then and in that case, patents shall issue in like manner as is provided by law for the other lands of the United States. reported to the secretary. issue. Ibid. 24. Powers not to extend to lots in Detroit. 2 Stat. 502. Further time allowed to claimants. 328. That the powers vested by this act in the commissioners above mentioned, shall not extend to lots in the town of Detroit; the claims to which shall be ascertained and decided upon, in the manner provided by the act entitled "An act to provide for the adjustment of titles of land in the town of Detroit, and territory of Michigan, and for other purposes.”(a) 25 April 1808 31. 329. Every person claiming lands within that part of the Michigan territory to which the Indian title hath been extinguished by virtue of any legal grant made by the French government prior to the treaty of Paris of the 10th of February 1763; or of any legal grant made by the British government subsequent to the said treaty, and prior to the treaty of peace between the United States and Great Britain, of the 3d of September 1783; or of the second section of the act to which this act is a supplement; shall be allowed until the first day of January next to deliver to the register of the land office for the district of Detroit, a notice in writing, stating the nature and extent of his claims, together with a plat or plats of the tract or tracts claimed; and if such person shall fail to deliver such notice in writing, together with a plat of the tract claimed, all his right, so far as it may be derived from any act of congress, shall become void. And the commissioners appointed for the purpose of ascertaining and deciding the rights of persons claiming lands in the said district of Detroit, shall have the same powers and perform the duties in relation to the claims, notices of which shall be thus filed, as are provided by the act to which this act is a supplement, in relation to the claims therein described. Ibid. ? 2. Persons whose 330. Every person whose claim has been or shall be confirmed by the commissioners aforesaid, to a tract of land bordering on the river Detroit, and not exceeding in depth claims have been forty arpens, French measure, shall be entitled to a preference in becoming the pur pre-emption chaser of any vacant tract of land, adjacent to and back of his own tract, not exceeding right in adjoining forty arpens, French measure, in depth, nor, in quantity of land, that which is contained confirmed to have lands. Surveys. in his own tract, at the same price, and on the same terms and conditions, as are provided by law for the other public lands in the said district. And the surveyor-general shall be and he is hereby authorized, as soon as may be, to cause to be surveyed the tracts claimed by virtue of this section; and in all cases where, by reason of bends in the said (a) Act 21 April 1806, 2 Stat. 398. river, and of adjacent prior or pre-emption claims, each claimant cannot obtain a tract 25 April 1808. equal in quantity to the adjacent tract already owned by him, to divide the vacant land, applicable to that object, between the several claimants, in such manner as to him will appear most equitable. And every person entitled to the benefit of this section shall, Claimants to give on or before the first day of January next, deliver to the register of the land office for notice. the district of Detroit, a notice in writing, stating the situation and extent of the tract of land he wishes to purchase, and deposit at the same time one-twentieth part of the purchase-money; and shall also, within three months after the return of the survey to the office of the said register, produce to him a receipt, from the receiver of public money for the said district, for one-fourth part of the purchase-money. And if any such person shall fail to deliver such notice, and make such deposit and payment at the times above mentioned, his right of pre-emption shall cease and become void. tion. Ibid 3. 331. Every person who, being the head of a family, did, prior to the 26th of March 1804, and deth, at the time of the passage of this act, inhabit and cultivate a tract of settlers to have land in the territory of Michigan, not claimed by virtue of a legal French or British right of pre-emp grant, or by the second section of the act to which this act is a supplement, shall be entitled to a preference, in becoming the purchaser from the United States of such tract of land, not exceeding one section, at the price at which the other public lands in the said territory are directed to be sold; and payment may be made therefor, in the same manner, and under the same conditions, as are provided by law for such other public lands. And Notice to be given. every person entitled to the benefit of this section shall, on or before the first day of January next, deliver to the register of the land office for the district aforesaid, a notice in writing, of the situation and extent of the tract of land he wishes to purchase. The Powers of corncommissioners aforesaid are hereby authorized to examine and decide the claims of every person claiming the benefit of this section; and whenever it shall appear to them that the plaintiff is entitled to a right of pre-emption, they shall give a certificate thereof, directed to the register of the land office, which certificate, together with a receipt from the receiver of public money of at least one-fourth part of the purchasemoney, shall, on or before the first day of January next, be produced by the claimant to the register of the land office for the said district. And if any person shall fail to deliver such notice in writing, or produce such certificate and receipt, within the times above mentioned, his right of pre-emption shall cease and become void. missioners. Ibid. 24. 332. So much of the second section of the act to which this act is a supplement, as provides that not more than one tract or parcel of land shall be granted to any one per- Act of 1807 modison, shall be and the same is hereby, repealed. VI. LAND SALES. fied. 2 Stat. 279. served to be 333. All the lands aforesaid, not excepted by virtue of the preceding section, (a) shall, 26 March 1804 25. with the exception of the section "number sixteen," which shall be reserved in each township for the support of schools within the same; with the exception also of an entire Lands not retownship in each of the three above-described tracts of country or districts, to be located offered at public by the secretary of the treasury, for the use of a seminary of learning; and with the sale. exception also of the salt springs and lands reserved for the use of the same as hereinafter directed; be offered for sale to the highest bidder, under the direction of the surveyor-general, or governor of the Indiana territory, of the register of the land office and of the receiver of public money, at the places respectively where the land offices are kept, and on such day or days as shall, by a public proclamation of the president of the United States, be designated for that purpose. The sales shall remain open at each place for three weeks and no longer; the lands shall not be sold for less than two dollars an acre; and shall in every other respect be sold in tracts of the same size, and on the same terms and conditions, as have been or may be by law provided for the lands sold north of the river Ohio and above the mouth of Kentucky river. All Remaining lands to be subject to lands, other than the reserved sections, and those excepted as above mentioned, remaining private entry. unsold at the closing of the public sales, may be disposed of at private sale, by the registers of the respective land offices, in the same manner, under the same regulations, for the same price, and on the same terms and conditions, as are or may be provided by law for the sale of the lands of the United States, north of the river Ohio and above the mouth of Kentucky river. And patents shall be obtained for all lands granted or sold Patents. in the Indiana territory, in the same manner and on the same terms as is or may be provided by law for lands sold in the state of Ohio and in the Mississippi territory. 334. All the navigable rivers, creeks and waters, within the Indiana territory, shall be deemed to be and remain public highways; and the several salt springs (b) in the Navigable rivers said territory, together with as many contiguous sections to each as shall be deemed to be public highnecessary by the president of the United States, shall be reserved for the future disposal Ibid. 26. ways. (a) See supra, 209. to include those that were valuable, for the purpose of making (b) Congress, by reserving salt springs, could only have intended salt. Indiana v. Miller, 3 McLean, 152-3. And see 1 Opin. 420. |