their applications and warrants, but too late! First too early, now too late. It had defied their sagacity to learn the point of time, shifting under sinister influences, when they could enter, under the passport of the law, the public office to locate the public lands.

In his report, seemingly to repine, he states that "this delay is the more vexatious, inasmuch as the greater portion of the land thereby to be located was covered and carried by the locations of mere speculators on the 2d instant;" that the agent of the parties." is understood to be compromising and doing otherwise all he can for the benefit of his employers," generously professing the purpose of seconding his exertions"in the direction alluded to." In other words, as he would not allow the applicants to deal directly with the government and make their locations, he would keep them "within the limits of personal and official propriety," to make the best bargain they could with the speculators, to whom he had awarded the lands they had previously selected and applied for.

Who were the "speculators" who had then caused Birch to repine because they had taken the lands selected and applied for by others? An informal paper, (copy E,) which has since come to light, signed by "James H. Birch, register," and dated March 2, 1857, shows that the largest share of them he had awarded to his own son, James H. Birch, jr., whose name is kept back from the memorial, two of the signers of which, as it is, are understood to be his own relatives! This certificate of James H. Birch, as register, in favor of James H. Birch, jr., embraces, for one day's work, an award by the father (sworn faithfully to administer a public trust) to his son of 30,239.39

acres.

This Birch, sr., did, with instructions before him, dated October 12, 1856, ordering him when a crowd was in the office "not to allow a monopoly of purchase in favor of any one person, and not permitting any one person to purchase or locate at any one time more than the extent of an ordinary entry."

Herewith is a copy, so ordering, of the official instructions to him and the receiver, dated October 12, 1856, (copy F.)

But Birch, in thus certifying on the 2d March, 1857, his award of thirty odd thousand acres of the public lands at one time to his son, states that "James H. Birch, jr." had that "day applied, purchased, and paid for the same," when subsequent record, in the form of monthly returns, certified by Birch, sr., as register, and by the receiver, under their own hands, and accompanied by the original applications of Birch, jr., and of Yonley and his co-memorialists, show that not a single one of either of them was "purchased and paid for" by them, but that Birch, sr., had admitted their locations based upon their own several written applications duly attested and certified, all on our files, not one of which bears prior or is of even date with the date, viz., 7th March, 1857, on which Birch, register, admits he received the McLaughlin and Felix applications and warrants, but each and all of which were made under dates subsequent to the 10th of that month.

So it is obvious this false and informal certificate of Birch, sr., was designed as an instrument to carry out the conspiracy and combina

tion of the Birches and their confederates to seize, in this underhand and irregular proceeding, and under color of law, upon large bodies of the public lands, in fraudulent disregard of the rights of honest citizens; and so it happened here that the most adroitly devised scheme of designing men is frustrated by some other act of their own that comes up as a witness to convict and condemn them! This will fully appear in the sequel.

On the 1st April, 1857, the Commissioner acknowledged the receipt of Birch's report, dated the 7th March, 1857, pointedly made known to him the discreditable aspect of the matter, and that the parties would be called upon for a full statement of their case, under oath, with a view to an investigation. The statement was furnished. A transcript was despatched, April 11, 1857, to the register and receiver at Plattsburg, "in order that steps might be taken for a thorough investigation.

At this time, it will be borne in mind, the "official returns," signed by the register and receiver, with the "original applications,' signed by the parties, for the location of land, and sales at Plattsburg for the month of March, 1857, had not been received at this office.

Supposing, then, that Birch, senior, had reported the truth in his letter of 7th March, 1857, it was of course presumed that there were actual locations made of these lands on the 2d of March, 1857, by the "speculators" he had referred to, and that the original applications, signed by the speculators themselves, with the original returns, certified by the register and receiver, would show the fact. But, on the contrary, when the original returns, certified by Birch, as register, and by the receiver, and the aforesaid "original applications," signed by each party for himself, reached the General Land Office on the 4th of May following, it was found that the applications of James H. Birch, jr., for the largest share of them, were dated 13th and 14th March, 1857; and in reference to the five memorialists, the applications of Yonley, the first on the memorial, and claiming the next largest share, were dated on the 17th of March, 1857; the next seven applications, of Bassett's, were dated on the 18th and 25th March, 1857; Biggerstaff's single entry was dated 14th March, 1857; Parsons' two, on the 17th March, 1857; and the applications of Turney, Birch's nephew, are dated on the 14th, 25th, and 31st March, 1857. The other entries claimed in this Birch, Yonley, Bassett, and Turney category, were dated from the 12th to the 31st March, 1857, and were doubtless let in to small shares in his disposal of the public lands, in ignorance on their part of the prior selections of others, yet, on his part, to give color of fairness and standing to the main interests which he had to subserve of his own sons and relatives.

The following is a correct abstract of so much of the monthly returns, with Birch's own certificate, and that of the receiver's, verifying them, showing the dates of locations at the periods referred to, being all subsequent to the 10th of March, 1857; and with it is an exact copy of the first original application of Birch, jr., and each of the five memorialists, with corresponding dates:

We certify that the foregoing is a true abstract of the locations consummated at this office up to date.

MILITARY BOUNTY LAND ACT OF MARCH 3, 1855.

Land warrant No. 80,322.-Register and Receiver's No. 6,626.

LAND OFFICE, PLATTSBURG, Mo.,

March 13, 1857.

We hereby certify that the attached military bounty land warrant No. 80,322 was on this day received at this office from James H. Birch, jr., of Clinton county, State of Missouri.

JAMES H. BIRCH, Register.
H. WHITTINGTON, Receiver.

I, James H. Birch, jr., of Clinton county, State of Missouri, hereby apply to and do locate the west half of lot one of northeast quarter and north half of southeast quarter of section No. 6, in township No. 65, of range No. 33, in the district of lands subject to sale at the land office at Plattsburg, Missouri, containing 120 acres, in satisfaction of the attached warrant numbered 80,322, issued under the act of March 3, 1855.

Witness my hand this 13th day of March, A. D. 1857.

Attest:

JAMES H. BIRCH, Register.
H. WHITTINGTON, Receiver.

J. H. BIRCH, JR.

I request the patent to be sent to

LAND OFFICE, PLATTSBURG, Mo.,
March 31, 1857.

We hereby certify that the above location is correct, being in accordance with law and instructions.

H. WHITTINGTON, Receiver.
JAMES H. BIRCH, Register.

MILITARY BOUNTY LAND ACT OF MARCH 8, 1855.

Land Warrant, No. 31,947- Register and Receiver's No. 7,105.

LAND OFFICE, PLATTSBURG, Mo.,
March 14, 1857.

We hereby certify that the attached military bounty land warrant No. 31,947 was on this day received at this office from Joseph B. Biggerstaff, of Clinton county, State of Missouri.

JAS. BIRCH, Register.

H. WHITTINGTON, Receiver.

Rep. No. 2893