Papers Of Abraham Lincoln

THIRTIETH CONGRESS—FIRST SESSION.
H. R. 519.
(Report No. 652.)
IN THE HOUSE OF REPRESENTATIVES.
May 30, 1848.
Read twice, and committed to the Committee of the Whole House on the
state of the Union.
Mr. Garnett Duncan, from the Committee on Public Lands,
reported the following bill:
A BILL
To pr0vide for the settlement of conflicts between Spanish
land claims and purchases under the United States, and for
other purposes.

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12 Be it enacted by the Senate and House of Repre-
sentatives of the United States of America in Congress
assembled, That if the United States shall have sold, or
shall hereafter sell, any land in Florida, which is embraced
in any private claim, which may have been, or may here-
after be confirmed, under and by virtue of the act appro-
ved twenty-third May, eighteen hundred and twenty-eight,
to continue in force and amend the act approved twenty-
sixth May, eighteen hundred and twenty-four, entitled “An
act enabling the claimants to lands within the limits of the
State of Missouri, and the territory of Arkansas, to insti-
tute proceedings to try the validity of their claims;” it

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11 shall be lawful for the proper officer, under such instruc-
tions as the Secretary of the Treasury shall prescribe, to
give to the person or persons whose claims shall have
been confirmed, or to his or their legal representatives,
upon his or their request, whether such sale may have
taken place before or after the emanation of the process
on such claim, a certificate of new location for a number
of acres equal to the area of such interference, which
certificate may be located on any public land in Florida
subject to private entry; and that, upon the emanation of
such certificate, the right of the party whose claim was so
confirmed, or his or their legal representatives, to the land
so sold, shall be vested in the United States and enure to
the confirmation of the title of the purchaser.
Sec. 2. And be it further enacted, That in all cases
in which a claim to land in Florida may have been, or
may hereafter be, confirmed by a law of the United States,
and a location or survey thereof shall have been made,
which may interfere with land sold by the United States,
either prior or subsequent to the act of confirmation, the
proper officer may in like manner issue a certificate of
new location for the quantity of land thus sold by the
United States, which shall be located in the same manner
and have the same operation as those contemplated in the
foregoing section.

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13 Sec. 3. And be it further enacted, That when any
claim to land in Florida shall be confirmed, which has not
been surveyed or located, and of which the local office has
not had notice of the precise limits of the same, it shall in
like manner be lawful for the proper officer, after such
claim shall be located and surveyed, to give to the party
whose claim is thus located and surveyed a certificate of
new location for any number of acres within such location
and survey that may have been sold by the United States,
which certificate shall have the same operation as those
provided for in the first section of this act.
Sec. 4. And be it further enacted, That in the
case of a confirmed claim to land in Florida, which may
not have been officially located or surveyed, and as to
which the claimant may have failed to give the surveyor
general or his deputy, after notice, such information as will
enable the surveyor satisfactorily to establish the lines, it
shall and may be lawful for the surveyor general or his
deputy to have a location and new survey of the same made
according to the lines of the public surveys, to embrace the
ancient locality or settlement, as near as can be ascertained,
and that such survey shall be valid and binding upon the
claimant, unless within one year from the return of such
survey, the claimant shall make and file in the office of

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5 the surveyor general of the district a valid exception in
writing to such survey; and that if such exception shall
be filed, it shall be the duty of the surveyor general to have
a correct location and survey made. But this provision
shall in no way interfere with or abridge the power of the
surveyor general to revise any survey which has been or
may be made, provided it is found to be defective or erro-
neous on the ground.
Sec. 5. And be it further enacted, That when, in
issuing the certificates of new location, under the provi-
sions of this act, it shall happen that a fractional excess of
acres would exist, after locating all that could be located,
of a less number of acres than the smallest sectional divi-
sions authorized by law to be sold, it shall be lawful for
the claimant to have his certificate increased to the amount
of such smallest sectional division authorized by law to be
sold, by paying one dollar and a quarter for the amount of
such increase, to enable the claimant to obtain his full
quantity of land.
Sec. 6. And be it further enacted, The provisions
of this act shall extend and apply to any claim con-
firmed, or that may be confirmed, in any other State or
territory; and that certificates of new location may issue
in such other State or territory in any cases falling within

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10 any of the classes contemplated by the foregoing sec-
tions; and that the new locations, which may be authorized
on account of the conflicts provided for in this act, shall
be made within the State or territory in which the land
originally confirmed may be situated.

1 2 3 4 5 6 7 8 9 10 11 12	Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Congress assembled, That if the United States shall have sold, or shall hereafter sell, any land in Florida, which is embraced in any private claim, which may have been, or may here- after be confirmed, under and by virtue of the act appro- ved twenty-third May, eighteen hundred and twenty-eight, to continue in force and amend the act approved twenty- sixth May, eighteen hundred and twenty-four, entitled “An act enabling the claimants to lands within the limits of the State of Missouri, and the territory of Arkansas, to insti- tute proceedings to try the validity of their claims;” it
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13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 7 8 9 10 11	shall be lawful for the proper officer, under such instruc- tions as the Secretary of the Treasury shall prescribe, to give to the person or persons whose claims shall have been confirmed, or to his or their legal representatives, upon his or their request, whether such sale may have taken place before or after the emanation of the process on such claim, a certificate of new location for a number of acres equal to the area of such interference, which certificate may be located on any public land in Florida subject to private entry; and that, upon the emanation of such certificate, the right of the party whose claim was so confirmed, or his or their legal representatives, to the land so sold, shall be vested in the United States and enure to the confirmation of the title of the purchaser. Sec. 2. And be it further enacted, That in all cases in which a claim to land in Florida may have been, or may hereafter be, confirmed by a law of the United States, and a location or survey thereof shall have been made, which may interfere with land sold by the United States, either prior or subsequent to the act of confirmation, the proper officer may in like manner issue a certificate of new location for the quantity of land thus sold by the United States, which shall be located in the same manner and have the same operation as those contemplated in the foregoing section.
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1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 13	Sec. 3. And be it further enacted, That when any claim to land in Florida shall be confirmed, which has not been surveyed or located, and of which the local office has not had notice of the precise limits of the same, it shall in like manner be lawful for the proper officer, after such claim shall be located and surveyed, to give to the party whose claim is thus located and surveyed a certificate of new location for any number of acres within such location and survey that may have been sold by the United States, which certificate shall have the same operation as those provided for in the first section of this act. Sec. 4. And be it further enacted, That in the case of a confirmed claim to land in Florida, which may not have been officially located or surveyed, and as to which the claimant may have failed to give the surveyor general or his deputy, after notice, such information as will enable the surveyor satisfactorily to establish the lines, it shall and may be lawful for the surveyor general or his deputy to have a location and new survey of the same made according to the lines of the public surveys, to embrace the ancient locality or settlement, as near as can be ascertained, and that such survey shall be valid and binding upon the claimant, unless within one year from the return of such survey, the claimant shall make and file in the office of
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14 15 16 17 18 19 20 21 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5	the surveyor general of the district a valid exception in writing to such survey; and that if such exception shall be filed, it shall be the duty of the surveyor general to have a correct location and survey made. But this provision shall in no way interfere with or abridge the power of the surveyor general to revise any survey which has been or may be made, provided it is found to be defective or erro- neous on the ground. Sec. 5. And be it further enacted, That when, in issuing the certificates of new location, under the provi- sions of this act, it shall happen that a fractional excess of acres would exist, after locating all that could be located, of a less number of acres than the smallest sectional divi- sions authorized by law to be sold, it shall be lawful for the claimant to have his certificate increased to the amount of such smallest sectional division authorized by law to be sold, by paying one dollar and a quarter for the amount of such increase, to enable the claimant to obtain his full quantity of land. Sec. 6. And be it further enacted, The provisions of this act shall extend and apply to any claim con- firmed, or that may be confirmed, in any other State or territory; and that certificates of new location may issue in such other State or territory in any cases falling within
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6 7 8 9 10	any of the classes contemplated by the foregoing sec- tions; and that the new locations, which may be authorized on account of the conflicts provided for in this act, shall be made within the State or territory in which the land originally confirmed may be situated.