Rights of way granted to railway companies, &c.—Continued. Grand total of railroad and military road grants patented since 1850 to June 30, 1880. Grants to States.... Grants to corporations and Pacific railroads Deduct lands forfeited by act of Congress Railroad, actual area in acres. Grand total..... Canal grants... Estimated area, including lands already patented, necessary to fill and complete all grants to railroads under existing laws RECAPITULATION. Астев. 35, 214, 978.25 10,435, 048. 08 45, 650, 026, 33 607, 741.76 45,042, 284.57 1,301, 040. 47 46,343, 325.04 4,424, 073.06 155, 514, 994. 59 Estimated area of the grants of land made by Congress to States and Territories and to corporations from the year 1850 to June 30, 1880. The above estimate is for the quantity of land which will be given by the United States to the various roads if they are constructed. FORM OF PATENT FOR RAILROAD GRANT LANDS. The following is the general form of patent used to convey title to grants of lands made to aid in the construction of railroads, but these are modified, of course, according to the statute authorizing the same: The United States of America, to all to whom these presents shall come, greeting: Whereas, by the act of Congress approved July 1, 1862, as amended by the act of July 2, 1864, "to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and other purposes," authority is given to a corporation existing under the laws of the State, "to construct a railroad and telegraph line," under certain conditions and stipulations, as expressed in said acts; and provision is made for granting to the said company every alternate section of public land designated by odd numbers, to the amount of per mile on each side of the said railroad on the line thereof and within the limits of miles on each side of the said road, not sold, reserved, or otherwise disposed of by the United States, and to which a pré-emption or homestead claim may not have attached at the time the line of said road is definitely fixed;" And whereas an official statement, bearing date from the Secretary of the Interior has been filed in the General Land Office, showing that the commissioners appointed by the President, under provisions of the sixth section of the said act of Congress approved July 2, 1864, have reported to him that the portion of the line of railroad and telegraph from has been constructed and fully com com pleted and equipped in the manner prescribed by the acts of Congress relative to the Pacific Railroad and Telegraph Line; and the vice-president of the said pany has applied for a conveyance of the title to the lands granted to said company by the said acts of Congress of And whereas certain tracts have been selected under the acts aforesaid by the agent for the said company, as shown by his original lists of selec-, certified under dates of by the register and the said tracts of land are particularly described as follows, of base line, and of tions, dated receiver at to wit: , range meridian, township The said tracts, as described in the foregoing, make the aggregate area Now know ye, that the United States of America, in consideration of the premises and pursuant to the said acts of Congress, have given and granted and by these presents do give and grant unto the said company and to its assigns, the tracts of lands selected as aforesaid and described in the foregoing; yet excluding and excepting from the transfer by these presents "all mineral lands," should any such be found to exist in the tracts described in the foregoing, but this exclusion and exception, according to the terms of the statute, "shall not be construed to include coal and iron lands." To have and to hold the said tracts, with the appurtenances, unto the said company and to its assigns forever, with the exclusion and exception as aforesaid. In testimony whereof, I, President of the United States, have caused these letters to be made patent and the seal of the General Land Office to be hereunto affixed. day of in the year and of the Independence of the Given under my hand, at the city of Washington, this of our Lord one thousand eight hundred and United States the one hundred and By the President: [SEAL.] Recorder of the General Land Office. By Secretary. CHAPTER XXI. SCRIP. FOR CONFIRMED PRIVATE LAND CLAIMS, OR EQUITABLE LAND CLAIMS, INDIANS, ETC. Congress, in 1806, began the practice of ordering the issuing of indemnity scrip for confirmed private land and other land claims, which had been left entirely or partially unsatisfied as to location, by reason of non-location, conflict with other claims or grants, entries, or reduced by deficient surveys. This practice continued to 1872. Many of these acts of Congress were for separate cases, were local or temporary, and were enacted from time to time, to meet reported cases. Congress, June 2, 1858 (3 Stats., pp. 294, 295), made provision for all claims previously confirmed by Congress, and then remaining unsatisfied. This act placed the labor and responsibility of ascertaining and satisfying these claims upon the executive officers of the Government. The scrip thus issued was and is locatable upon the public lands, under certain conditions and regulations, issued by the Commissioner of the General Land Office. The following embraces the scrip issued by the General Land Office to June 30, 1880, other than bounty-land scrip for military service, herein before mentioned under the head of "Bounty Lands"-in all 2,893,034.44 acres. Chippewa half-breed scrip. Under and pursuant to the seventh clause of the second article of the treaty of September 30, 1854, with the Chippewa Indians of Lake Superior and the Mississippi (10 Stats., p. 1110), Chippewa half-breed scrip was issued as follows: 1,172 pieces for 80 acres each, making an aggregate of 93,760 acres. Red Lake and Pembina Chippewa half-breed scrip. Under article 7 of supplemental treaty of April 12, 1864 (13 Stats., p. 469), 464 pieces of Red Lake and Pembina Chippewa half-breed scrip were issued for 160 acres each, making an aggregate of 74,240 acres. SIOUX HALF-BREED SCRIP. Under act of July 17, 1854 (13 Stats., p. 304), Sioux half-breed scrip was issued as follows: To each one of 640 half-breeds, five pieces described as follows: 1 A, 40 acres ; 1 B, 40 acres; 1 C, 80 acres; 1 D, 160 acres; and 1 E, 160 acres; making 480 acres each, and an aggregate of 307,200 acres. Under the same act, scrip was also issued as follows: To each one of 38 half-breeds, one piece of scrip for 40 acres, and two pieces for 160 acres; making 360 acres to each, and an aggregate of 13,630 acres. Acres. Scrip issued by surveyor-general of Louisiana, under act of June 2, 1858.. 206, 635.664 19 L O-VOL III 3,750.000 283,567,400 289 Scrip issued by the Commissioner of the General Land Office, pursuant to decrees of the United States Supreme Court, under act of June 22, 1860, and supplemental legislation This issue relates to indemnity for private land claims in Louisiana. No estimate can safely be made of the amount yet to be issued under this decision. Scrip issued in satisfaction of the claims of Israel Dodge, Walter Fen- Scrip issued in satisfaction of the claim of T. B. Valentine, under act of Scrip issued in satisfaction of the claim of Pascal L. Cerre, under act of Scrip issued in satisfaction of the claim of Samuel Ware, under act of Scrip issued in satisfaction of the claim of the heirs of Joseph Gerard, Scrip issued by surveyor-general of Florida, in satisfaction of the claim Scrip issued by recorder of land titles for Missouri, under act of February Scrip issued under fourteenth article of treaty of March 17, 1842, with Scrip issued by surveyor-general of Louisiana, under act of June 29, 1854. Acres. 606, 512.770 15,870. 610 1,516.000 3, 004. 510 640.000 1,920.000 38,000.000 640.000 174, 910. 420 22, 400.000 2,671.060 Choctaw scrip issued under treaty of 1830, the greater portion of which has been located and СНАРТЕER XXII. GRADUATION ACT. The graduation act of August 4, 1854, and amendments, was to "cheapen the price of lands long in market for the benefit of actual settlers and for adjoining farms." It graduated the price of public lands, which had been in market and remained unsold for ten years and upward, to actual settlers, the prices varying from $1 to 12 cents per acre, according to the length of time the tracts were in market, respectively. All lands that had been in the market for ten years, and were unsold, were to be sold at $1 per acre; for fifteen years or upward, and remaining unsold, were to be sold at 75 cents per acre; for twenty years or upward, and remaining unsold, were to be sold at 50 cents per acre; for twenty-five years or upward, and remaining unsold, were to be sold at 25 cents per acre; for thirty years or more, and remaining unsold, were to be sold at 12 cents per acre. Thousands of entries were made under the provisions of this act, and in pursuance of regulations made by the Commissioner of the General Land Office, the periods and principles of which were confirmed by act of Congress of March 3, 1855. These entries were of two classes: The first, consisting of such as were made by persons already residing upon and cultivating adjoining farms, and who entered the lands for the use of such farms; and the second, consisting of such as were made by parties who either already were settlers and cultivators of the entered tracts, or who contemplated at once becoming such. In entries of the first class, if on examination at the General Land Office they were found regular in every respect, as reported from the district land offices; if the preliminary affidavit of the person on which the entry was allowed was found to designate the original farm tract, and this to adjoin the tract entered for its use, according to law, the entries were patented and the patents delivered in regular course, without further proof being required. In entries of the second class, proof that settlement and cultivation of the entered tract had been made as contemplated in the law was required to be produced before the patents were delivered. Many entries of this class were made, the proof of settlement and cultivation produced, and the patents delivered according to rule; but there were many other cases in which the required proof was not forthcoming, and in these the delivery of the patents was suspended to await its production. Under the confirmatory act of March 3, 1857, the patents were delivered, on application therefor, without the proof being required in all such cases, where the entry was allowed prior to the passage of that act, and where it was not found to have been fraudulently or evasively made. Subsequent to the passage of that act, and prior to the 2d June, 1862, when the graduation law was repealed, a large number of entries were allowed under that law, and in the course of business there came to be many patents for entries so allowed, the delivery of which was suspended for the reason that the required proof of settlement and cultivation was not forthcoming. To this class of cases the confirmatory principles of the act of March 3, 1857, were made applicable by the act of February 17, 1873, and the issuing of patents has since continued. The quantity of land sold under the graduation law of August 4, 1854, as shown from the General Land Office reports, is 25,696,419.73 acres. Lands sold at graduation prices in the third quarter, ending September 30, 1862, after the repeal of the graduation law, June 2, 1862, and before district officers were aware of such repeal, are included in the above. |