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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 13,680 acres.

Acres. Scrip issued by surveyor-general of Louisiana, under act of June 2, 1858.. 206, 635.664 Scrip issued by surveyor-general of Florida, under act of June 2, 1858.... 3,750.000 Scrip issued by surveyor-general of Missouri, under acts of July 4, 1836, and June 2, 1858.....

283, 567.400 19 L 0–VOL III

289

Acres. Scrip issued by the Commissioner of the General Land Office, pursuant to

docrees of the United States Supreme Court, under act of June 22, 1860, and supplemental legislation ........................................

.......... 606, 512,770 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 Fenwick, and Mackey Wherry, under act of June 21, 1860.......

15, 870.610 Scrip issued in satisfaction of the claim of T. B. Valentine, under act of April 5, 1872, nearly all in 40-acre pieces.........

1,516, 000 Scrip issued in satisfaction of the claim of Pascal L. Cerre, under act of January 27, 1857 .........

3,004. 510 Scrip issued 'in satisfaction of the claiin of Samuel Ware, under act of December 28, 1876.......

640.000 Scrip issued in satisfaction of the claim of the heirs of Joseph Gerard, under act of February 10, 1855 .......

1, 920.000 Scrip issued by surveyor-general of Florida, in satisfaction of the claim

of Fernando de la Maza Arredondo, under act of May 23, 1828 .......... 38,000.000 Scrip issued in satisfaction of the claim of Coleman Fisher, under act of May 14, 1834 .......

640,000 Scrip issued by recorder of land titles for Missouri, under act of February 17, 1815 .........

; ....... 174,910. 420 Scrip issued under fourteenth article of treaty of March 17, 1842, with Wyandot Indians ...

.. 22,400,000 Scrip issued by surveyor-general of Louisiana, under act of June 29, 1854. 2, 671.060

Choctaw scrip issued under treaty of 1830, the greater portion of which has been located and patented.

Acres. Heads of families ....

.. 1, 159 Amount each (acres) ..

320 Total acreage .......

370, 880 Children over 10 years ......

1, 460 Amount each (acres) .. Total acreage ....

467,200 Children under 10 years ....

1, 192 Amount each (acres)... Total acreage .....

.... 190, 720 Total ........

...... acres.. 1,028, 800 In all, a grand total of 2,893,034.44 acres.

320

160

....

CHAPTER 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 124 cents per acre, according to the length of time the tracts were in market, respectively. All Jands 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 20 June, 1862, when the gradnation 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 Oflice 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.

CHAPTER XXIII.

COAL LANDS. Prior to 1864 coal lands were not specifically noted for reservation or sale, but were disposed of as other public lands under settlement or other laws, until the passage of the pre-emption act of 1841.

The act of Congress of July 1, 1864, for the disposal of coal lands and town property on the public domain, authorized the sale of the coal lands which had been excluded from sale, as mines, by the pre-emption act of 1841. Under this act they became subject to pre-emption at the minimum of $20 per acre, after offering, under proclamation of the President, at public sale to the highest bidder, in suitable legal subdivisions.

March 3, 1865, an act was passed by Congress supplemental to the act of July 1, 1864, giving citizens of the United States, who were engaged in coal mining for commerce, the right to enter, at the proper district land office, 160 acres of land, or less, at $20 per acre.

The act of March 3, 1873, gare a pre-emption right of 160 acres of coal land to a person, and 320 acres to an association, upon payment of not less than $10 per acre, where the lands lie not more than 15 miles from a completed railroad, and $20 per acre where the lands lie within 15 miles of such a road; and further provided that when any association of not less than four persons have expended $5,000 in working and improving any mine, located within limits as above, they may make an additional entry of 640 acres at the several limit prices. (See secs. 2347-2352 R. S.; Regulations of General Land Office, April 15, 1880.)

The rectangular system of surveys is extended over coal lands, and they are sold in conformity with the legal subdivisions thereof.

The method of designation or classification, by noting character of land in field notes by deputy surveyor, and marking on plats, when known, or of proof at the district land office prior to time of filing, is similar to the method of segregation un. der the mineral act, and is given in detail in the Regulations of the General Land Office, April 15, 1880.

ESTIMATE OF AREA OF COAL MEASURE.

The estimated area of coal lands on the public domain, the property of the United States, is as follows:

Acres. Acres. Washington Territory: Area.

829, 440 Sold.

3, 350

826, 090 Oregon: Area..

414,720 Sold

185

414,535 California: Area..

247, 820 Sold ..

1,800

246,020

A

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.................................

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Colorado:

Acres. Acres. Area.

... 1, 128, 225 Sold........................

600

- 1, 127, 625 Utah:

2,764, 800 Sold ...

............ 2, 180

- 2,762, 620 New Mexico: Area.............

10,800
720

10, 080 Wyoming, at least .......

42, 000 Dakota, at least .

50,000 Montana, at least ............

50,000 Arizona, no coal yet discovered." Nevada, no coal yet discovered. Nebraska, the coal-bearing rocks cover an area of 3,600 square miles, but on

account of the smallness of the veins-none exceeding one foot-the coal

is of no commercial value. Indian Territory, the coal-bearing rocks cover an area of 13,600 square

miles. Arkansas, the coal-bearing rocks cover an area of 12,000 square miles. Total acres...........

.......... 5,528, 970 New discoveries in Colorado, Utah, Wyoming, and Dakota will increase the amount given above considerably.

ENTRIES UNDER THE COAL LAND ACTS.

From 1866 to June 30, 1880, under the coal land acts there have been 78 entries at district land offices, containing 10,750.24 acres, for which the United States received $146, 999.25, as follows:

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