the day of public sale, to make a new improvement, and file a declaration for the same tract they had settled upon, if unsold, and that settlement claims of this class were not liable to location by warrants, without the consent of the settler; such being the proviso in the bounty land laws in regard to locations. On the 30th of June, 1859, we had on hand, prepared for market, and unoffered, an area of.. During the fiscal year ending 30th June, 1860, the quantity returned for market was....... and during the quarter ending September 30, 1860...... Acres. 8,534,800.00 1,114,671.00 Total returned during the five quarters..... Acres. 57,084,647.00 9,649,471.00 Leaving on hand, September 30, 1860, prepared for Leaving now on hand, ready for market......... The estimated quantity which had been offered at pnblic sale and remaining subject to private entry at the various land offices, on 30th September, 1860, is.... 50,348,757.00 3,685,287.00 46,663,470.00 80,267,000.00 The cash sales for the fiscal year ending June 30, 1860, embrace..... 3,461,203.66 During the fiscal year mentioned, there have been located with bounty-land warrants..... And during the quarter just expired. Acres. Acres. 2,782,780.00 Making total locations, in satisfaction of bounty- During the year ending June 30, and 1850....... And during the quarter ending Sep tember 30, 1860.. 1,674,708.95 363,061.97 Total for the five quarters, under the swamp grant..... During the fiscal year, last mentioned, there have been certified. to certain States for railroad purposes...... And during the quarter which expired September 30, 1860.......... 1,676,304.00 3,379,040.00 2,037,770.92 989,319.00 Being a total certified for railroads during the 2,665,623.00 Making an aggregate of.......... 12,060,053.72 Disposed of during the five quarters ending September 30, 1860, for cash, in satisfaction of bounty warrants, as swamp, and for railroads. The whole surface of the public domain, exclusive of water, is as heretofore stated...... The whole area surveyed up to 30th September, 1860, is........ Acres. 1,450,000,000 441,067,915 The quantity which has been offered at public sale up to September 30, 1860, is, including school sections..... 369,803,503 The whole quantity disposed of for cash up to September 30, 1860, is........... 150,633,048 And by private claims, grants, donations, &c....... 243,455,664 394,088,712 Making an aggregate of.......... Of the public domain disposed of to September 30, 1860, by sales, grants, private claims, &c. The total area of unsold and unappropriated of offered and unoffered lands of the public domain on the 30th September, 1860, was 1,055,911,288 acres. SWAMP AND OVERFLOWED LANDS. Louisiana holding under acts of 1849 and 1850, other States under act of 1850. During the last year there have been prepared and submitted for approval nineteen lists containing 536 pages, of which transcripts have been sent to the governors of the States and local land officers, and in the same period thirty-four patents for swamp lands have been granted, containing 338 pages, and covering 360 folio pages of record. Since the commencement of operations under these grants, there have been selected in the States of Ohio, Indiana, Illinois, Missouri, Alabama, Mississippi, Iowa, Lousiana, Michigan, Arkansas, Florida and Wisconsin an aggregate area of 57,187,550.09 acres. Of this quantity there have been approved to the States, 44,237,971.80; and of which there have have been patented to the States an area of 31,461,220.37; the details of which are shown in accompanying exhibits. Under the act of 12th March, 1860, extending the provisions of the act of September 28, 1850, to the States of Minnesota and Oregon, steps have been taken preliminary to the commencement of the work of selection. They consist in submitting to the executives of those States one or the other of two propositions, to wit: the adoption of the field notes of the surveys, or the designation of the lands from personal inspection by duly constituted agents. No communication accepting either has yet been received. The authorities of all the States upon which the benefits of the acts of 1849 and 1850 are conferred, have been notified of the limitation made by the act of 1860, for making the remaining selections. Since the last annual report the State of California,' through her agent, has presented the State's claim under the law; no definite action previous to that time having been taken by the State authorities. Complete instructions detailing the principles to be observed in selecting have been addressed to the United States surveyor general at San Francisco. The State of Alabama has also notified this office of the method she will abide by in the adjustment, and full instructions have been addressed to the local land officers on the subject. The recent act of the 12th March last declares the principle that "any lands which the government of the United States may have reserved, sold, or disposed of (in pursuance of any law heretofore enacted) prior to the confirmation of title to be made," shall be excluded from the operation of the act of September 28, 1850. The communications addressed to the authorities of the several States, and to the local land officers, embody this principle and hold— First. That as the grant contemplates the inundation of extensive regions of country by such natural arteries as the Mississippi, the lands evidently intended to be granted are those which by reason of their swampy character and liability to overflow are worthless in their natural condition, and whereon crops cannot be raised without reclamation by levees and drains. An overflow or inundation from casual cause, merely temporary in its effects, does not bring the lands within the law, and cannot be said, in any proper sense, to render them "unfit for cultivation." The law contemplates such long continued overflow or freshets only as would totally destroy crops and prevent the raising of the same without artificial means, by levees, &c., such as are found on the Mississippi river. Second. That bodies of land covered by shallow lakes or ponds which may become dry by evaporation or other natural cause, do not come within the meaning of the act. Third. Lands which have been disposed of by the general government prior to the date of their selection cannot be claimed as swamp, as they are excluded by direct operation of law from the swamp grant. RAILROADS. By acts of Congress of 1856 and 1857 grants were made to eight States to aid in the construction of forty-five railroads. The lines of route of thirty-three of these roads have been established, and maps of their final locations filed, showing an aggregate length of 5,882 miles. The grant for two of the roads, one in Alabama and one in Louisiana has been rejected. For the remaining ten roads in Alabama, Florida, and Mississippi, no returns designating actual locations have been received. The adjustments of the grants for these thirty-three roads have been nearly completed. Lists embracing 8,977,044 acres have been approved, and transcripts furnished the executives of the States. Lists of the remaining lands inuring under those laws are in course of preparation, so far as returned. Much difficulty has been experienced in the adjustment of these grants, owing to the numerous conflicts which have arisen. Antagonistic interests, presenting questions of law and fact, are constantly coming before the department for examination and decision, often involving interests to a large amount, and requiring much care in their adjudication. The adjustment of the interests of the roads where they intersect and overlap each other has been very difficult, for in some instances as many as five roads are found overlapping and conflicting with each other and with numerous other interests. The following is an exhibit of the States and the quantities of land under said grants actually approved to each up to this date: To the foregoing may be added by estimate yet to enure to certain other States, to aid in the construction of routes traversing in some instances regions of country yet unsurveyed. On addition to the foregoing, there have been granted under other acts, viz.: September 20, 1850, to Illinois; June 10, 1852, to Missouri; and February 9, 1853, to Missouri and Arkansas, other belts of land to aid in the construction of railroads equal in the aggregate to.... Acres. 9,000,000 6,212,495 Total..... 24,189,499 From time to time, as our adjustment of these grants advanced, the surplus land that had been withdrawn, has been released, and restored to market, during the last year, as follows: Alabama. Michigan Louisiana.. 1,400,000 acres. 1,500,000 do 1,640,000 do The present and the past reported restorations embrace all withdrawn lands except in those cases where routes are not yet reported as definitely fixed. Right of Way.-By the Act of Congress of August 4, 1852, "the right of way," is granted to all "rail and plank roads, and macadamized turnpikes, passing through the public lands belonging to the United States." The Chicago, Detroit, and Canada Grand Trunk Junction Railroad Company of Michigan, and the Western Railroad Company of Kansas, have filed the required maps of the location of their respective roads, and claimed the benefit of this act; the lines of the roads have been laid down on our township plats, entered on our records, and noted, so as to protect them. Connected diagrams showing the lines of the roads and proper instructions in the matter have been transmitted to the local officers, and the tracts embracing the locations will be sold subject to those rights. SPECIAL IMPROVEMENT GRANTS. By the act of Congress of the 18th of August, 1846, and 3d of August, 1854, there inured to the State of Wisconsin, for the Fox and Wisconsin River Improvement grant, an area of acres, 684,289. This grant has been finally closed, and settled by the residuum lands reported to the secretary by this office, on the 10th of November, 1860. Des Moines River Grant.-By the act of Congress approved August 8, 1846, a grant was made to the State of Iowa, "to improve the navigation of the Des Moines river from its mouth to the Racoon fork." The area heretofore reported as approved to the State below the fork is......... 321,028.03 acres 1,364.15 To which add area in four lists embracing.. Total area approved below Racoon fork........ 322,392.18 |