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The United States in the earliest period of our history adopted the principle recognized by the English colonies and government, of extinguishing by purchase the possessory right of the Indians. That policy was disclosed in the proclamation of October 7, 1763, by the King of Great Britain, which declared that no private person should make any purchase from the Indians of any lands reserved to them within those parts of the colonies where settlement was allowed, but that "if at any time any of the said Indians should be inclined to dispose of the said lands, the same shall be purchased only for the crown."

Our relations in regard to the Indian possessory privilege are fully declared in the case of Johnson vs. McIntosh, 8th Wheaton, in which it is maintained that the United States hold the legal title, with the absolute right to extinguish the Indian claim to occupancy.

The principles thus recognized have obtained to the present date, and under their operation the process of extinguishing the aboriginal title has been pursued so as to meet the demands of advancing settlements, and as the Indian passes away before the onward wave of civilization, it is the province of the surveying department to extend the lines of the public 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 ef 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 recognize 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, subdelegates, 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 contract-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 connexion have arisen, been discussed and judicially determined.

Upon final confirmation it is necessary to have these titles traced out and fixed by survey, or 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=6,002,506 acres, in the proportion which that number of acres bears to the "sitio de gañado mayor," the ordinary California ranch, embracing the quantity of 4,438,8% 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 every where may be cleared of shadowy or groundless titles, and the national obligations met upon the basis of equity.

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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."

There will be found herewith a historical and statistical table of the United States; a special report in relation to the surveying archives of Missouri, Iowa, and Wisconsin; the returns from the different United States surveyors general; complete exhibits of sales, entries for homesteads, by bounty land warrants, and other locations; also tabular exhibits of the extent of surveys in each and all of the land States and Territories; of the various grants in aid of the construction of railroads, wagon roads, and canals, and by twenty-two maps of the several land States and Territories, accompanied by a connected map of the United States, from ocean to ocean.

These documents are designed to illustrate the operations of the land system, the records of which, at the seat of government, are embraced in fourteen thousand seven hundred and thirty-one folio volumes, the muniments of title connected therewith numbering over twelve and a quarter millions of papers.

Respectfully submitted:

JOS. S. WILSON,
Commissioner.

The thirteen original States.

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 square miles.]

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Area in square miles. Population-1860.*

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United States

statutes.

Page.

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Ohio

Louisiana

Indiana
Mississippi
Illinois

Kentucky
Vermont

Tennessee.

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Feb. 4, 1791
Feb. 18, 1791
June 1, 1796
April 30, 1802

Feb. 3, 1809

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April 8, 1812

58

Dec. 11, 1816

Dec. 10, 1817

514

371

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Dec. 3, 1818

Dec. 14, 1819

Mar. 3, 1820

Mar. 2, 1821

493

June 15, 1836

654

5

235

Texas.

309 Jan. 26, 1837
Mar. 3, 1845

do..

Dec. 29, 1845

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*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.

& White persons.

|| Indians.

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 88,057 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, 1864; Statutes, volume 13, page 749.
COLORADO.-Enabling act approved March 21, 1864; Statutes, volume 13, page 32. Not yet admitted.
NEBRASKA. Enabling act approved April 19, 1864; Statutes, volume 13, page 47. Not yet admitted.
That portion of the District of Columbia south of the Potomac river was retroceded to Virginia July 9,
1846; Statutes, volume 9, page 35.

List of papers accompanying Commissioner's Annual Report.

No. 1. Tabular statement showing the number of acres of public lands surveyed in the 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, also the total area of the public domain remaining unsurveyed within the same. No. 2. Statement of public lands sold; of cash and bounty land scrip received therefor; number of acres entered under the homestead law of May 20, 1862; of commissions received under the sixth section of said act; also land located with scrip under the agricultural college and mechanic act of July 2, 1862, and commissions received by registers and receivers on the value thereof, and statement of incidental expenses thereon in the fiscal year commencing July 1, 1865, and ending June 30, 1866.

No. 3. Summary for the fiscal year ending June 30, 1866, showing the number of acres disposed of for cash, with bounty land scrip, by entry under the homestead laws of May 20, 1862, and March 21, 1864, with aggregate of $10 homestead payments, homestead commissions; also locations with agricultural college and mechanic scrip under act of July 2, 1862.

No. 4. Statement showing the quantity of swamp lands selected for the several States under the acts of Congress approved March 2, 1849, and September 28, 1850, and March 12, 1860, up to and ending September 30, 1865.

No. 5. Statement exhibiting the quantity of swamp land approved to the several States under the acts of Congress approved March 2, 1849, September 28, 1850, and March 12, 1860, up to and ending September 30, 1866.

No. 6. Statement exhibiting the quantity of swamp land patented to the several States under the acts of Congress approved September 28, 1850, and March 12, 1860, and also the quantity certified to the State of Louisiana under the act approved March 2, 1849.

No. 7. Exhibit of bounty land business under acts of 1847, 1850, 1852, and 1855, showing the issue and locations from the commencement of the operations under said acts to June 30, 1866.

No. 8. Estimate of appropriations required for the office of the Commissioner of the General Land Office for the fiscal year ending June 30, 1868.

No. 9. Estimates of appropriations for the surveying department for the fiscal year ending June 30, 1868.

No. 10. Estimate of appropriations required for surveying the public lands for the fiscal year ending June 30, 1868.

No. 11. Reports of surveyors general "A to J" inclusive.

No. 12. Agricultural selections within certain States, and also scrip locations under agricultural and mechanic act of July 2, 1862.

No. 13. 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, 1866.

No. 14. Statement exhibiting land concessions by acts of Congress to States for canal purposes from the year 1827 to August 1, 1866.

No. 15. Set of twenty-two maps of all the public land States and Territories, to wit: Ohio, Indiana, Michigan, Illinois, Wisconsin, Minnesota, Iowa, Dakota, Missouri, Arkansas, Louisiana, Mississippi, Alabama, Florida, Kansas and Nebraska, Colorado, New Mexico and Arizona, Utah, Nevada, California, Oregon, and Washington Territory. Each map shows the extent of the public surveys where such have been extended; also the names of counties and resources so far as furnished by the data on hand.

No. 16. Connected map of the United States from ocean to ocean, exhibiting the extent of the public surveys, localities, land districts, seats of surveyors general's offices and district officers; also localities of railroads of general interest and mineral deposits.

JOS. S. WILSON, Commissioner.

SPECIAL REPORT BY JOSEPH S. WILSON IN REGARD TO SURVEYING ARCHIVES OF MISSOURI, IOWA, AND WISCONSIN.

Extracts from report dated May 26, 1866, made by Joseph S. Wilson, pursuant to instructions from the department, respecting the transfer of surveying archives to Missouri and Illinois, and also in regard to closing of the office of surveyor general for Iowa and Wisconsin.

Pursuant to instructions I was directed to visit the office of the recorder of land titles at St. Louis, Missouri, and designate such of the archives there as should be transferred to the authorities of Missouri, in accordance with the act of Congress of January 22, 1853, as accepted by the State, and such as should be retained as part of the general public archives.

I was further instructed thereafter to proceed to the surveyor general's office at Dubuque, Iowa, and give directions with a view to the transfer to Wisconsin of the surveying archives of the State, which had also accepted the terms of said Congressional act of 22d January, 1853, and to take measures for placing the Iowa archives in readiness when the latter State shall have passed the requisite preliminary act of acceptance. The United States recorder of land titles at St. Louis, Missouri, is in the custody of the United States surveying archives of the State of Missouri, and of the ancient and other records appurtenant to the office of said recorder.

The recorder was directed to deliver over to the authorities of Missouri, pursuant to the State's acceptance of the terms of the act of Congress approved January 22, 1853, the greater portion of all the maps, plats, diagrams, fieldnotes, books, records, and documents embraced in the surveyor general's official inventory of November 7, 1863, but was instructed to retain on his files certain other maps of a class hereinafter mentioned, for the reason that a part of them are of a general character, properly belonging to the archives of the United States, while others are of a mixed nature, relating to private land claims and other land interests not yet finally disposed of by official action at Washington.

surveys

of

Those of the latter class are indispensable in the examination of confirmed titles, for which the General Land Office is required, by the several

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