OREGON STATE UNIVERSITY UBRAAIES 12 0145301012 4332 1870/1872 Appendix I cop. 2 ENIMX TO OVERNOR'S MESSAGE, (JONTAININt REPORT OF AGRICULTURAL COLLEGE ADISCR EXECUTIVE CORRESPONDENCE IN REC,ARD TO \\.\ MF LANDS, THE FIVE PER CENT. FUND, ETC. SEVENTH REGULAR SESSION---1872. SALEM, OREGON: EUGENE SEMPLE, STATE PRINTER. 1872. I_ 1 U1'cgon State Library A PPEI\ DIX 1ESSAGE, G() V ERN OR.' ON'FAIXING REPO I.T OF AGRICULTURAL COLLEGE AN 1) EXECIJ'['JVE (OR.RESP1)XDENCE IN JIFIA RI) '14) -W\Ml' LANDS. TI-1E FIVE PER ('EXT. FUNT), ETC. EVENTHREGULA1SESSION---1872. SALEM, OREGON: EUGENE SEMPLE, STATE PRINTER. 1872. REPOWI OF 'tilE AGRICULTURAL COLLEGE. J'() ]fS E:ce11ency, Gorcrnm' Urover Sin In submitting the Biennial Report of the Trustees of the State Agricultural College, as required by law it affords me pleasure to say that a measure o prosperity has attended the Institution during the last two years. The most of the students appointed by the State have been in attendance during the entire two years; a few forfeited their places by prolonged absence, and the vacancies were filled by the State Commissioners, as 1rovided by law. These stucleiit.s have been instructed, as fhr as practicable, iii accordance with the requirements of the Act of Congress, granting lands to the several States and Terntories, for the 1tirp of establishing colleges of agriculture and mechanic arts. FARM AND FARM LA8OR. Earl in the Spring of 1871 the Trustees purchased an experinient.al farm, consisting of thirty-five acres of good land, well improved, with neat dwelling house, barn and good orchard. Cost, with improvements since made, five thousand dollars. The fhrm is situated immediately west of the town, and includes an ehigibe site for college buildings, 011 an elevated plateau, overlooking the 'ahley. PRACTICAL AGRICU LTURE [las been cai-iied on by the students under the supervision of the laculty since Api-il, 1871. The work done has been 4 AP1'ENDiX fencing, ditelil ng, gardening, and preparing the grounds fbr future crops ; so that the product of the farni have been small, amounting in the aggregate to three hundred dollars. FINANCIAL. e t ii ti i a receiVed to i ti ic State dii ii iig the last tw y cars an iow its to elgi iteci i hun d red dollars. 10 early on the Agriciiltura I College, and meet its i mperat.i ye ileniands, has reqili icd an out mv of ineai is far beyond tli at appropriated by the Legislaturo. Ulie mstructioii O the 111 class-room iii this department has required the labors of two teachers, wI ii Ic the aiiioiint. received from the State was not sufficient to ny the salary of a ie, being less ti ia ii one thousand dollars ii year. We have greatly needed a professor of practical agriculture to take charge of the students while at work on the fitim, &c. This has been done, howevor, hr the tend ers aft ci sd oo] lioii rs, ii ev receiving no reitiuncration tbr their extra labor. FITLRE WANTS. The Tru.tees have employed two lrtesso1's, and arc now iii correspondence with gentlemen iii the East fbi tl c 1,ur1ose of securi hg the services of an experienced professor in cli cnn cal analysis, geology and botan. Professor Swallow, of the State [luversity, at Missouri, writes: " The services of such a man will cost you two tliousaiid dollars It will also he i iecessI cv to cia ploy a professor a. year.' of practical agri culture. The 1)e1artmeiit of Milititiv Tactics should be organi zed at tile begi nIH iig of the iresent collegiate year; and I am glad to say that l.'iofessor Arnold is prep1re(i to take charge of thus depiirtnient, and filly organize it as soon as the necessary arms and :iecoutreuteiits can he procured. To meet all these wants, dema.tids, and stock the farm with team, wagon and the nece-cary i niplements of agriculture, A rrENI,t Wi H \. t'eqiiI i'eili'O}itirtiOti by the L(giIatli1e of not tiioiisaiuil dollars a yetr. for the next two enr. .fiitu five \Ve oiilil ltiil(stIV reronitnetid that t.1i tiiitiiher of sti tihint S 1)1 iiIi (.UItU re he i nereased tO lO!tV-fOtt I' itt least. two for each enatoi. All the sttiilies ate re(jlliredI to be it, wI uti ci we have t\vei ty-two, or one I ii titireil in i.Iiiit ihepiitnieiit; ahi(l, as a!] CX}iCItCiicCih leathers k:aav, it takes hut little mole lime or hibor lii itistviiiat a ehiee et twenty 11am of live. especially iii t1IC ailviiiiced stndi's. FEMA LF:S. \Ve suggest. if it would not be elnitientl iloler fr the Legishittire to admit. females to all the IiviIeges of the Agricultural College. \ot an agii'itlttiritl college in the Wrest, except 1) reori, cxc] tile fit ul.]es. ] 1 ml Sl)e(i]1(lIly .Iichiigin, I \\isCO1iSl). lliioi, \litsoti.ij aitcl ( aIfi)rnjI. trolls tliiiii tlie i1'h t inlies Illi1ies(ta, l()\\i, .I'ansli,. 1ia.l1 \\'(. l)e Ie-s ti- ? if these eliiictls ale peculiarly and i ottiii.ientiv adajteil to \voniett ; such stuilies, flu' exliIiu1le. as hortiiult.tire. in Inching lie culture offlowers, the htyitig f-I gllt4Ieil gi'outids'..tnd havtisto say nothing of ihieritis' try and btijiv. flie woliieii of the state titlist kiiov 11W beautify the liottie aiiil (liltivate the gaiden, :ind to do itiiiiv t let liii tigs ] eitiitinig to ritial eCOtiolilY, which liv befits tlieii sex. The1 must have the iciice iil hr ii ii (I) so. liThil ]iovisiott should thierefiie be in mlc ( l]ciie of \gtieulture. hiIl.lHli that lliioiighi vut\vise cotinscis itoiy be secuied sith Ii."e'httioti as sliit!l meet the (lent inds of the .Agrieulira ( oliere, aid iii] july If uI tu I los great. interest of' lie lntu. I have the liomiot to lie, '1 adiemit servant, .J ( )Elu1 I EMERY, ('omv.imis. (begun, Aug. I, A .1)., AIPENDrx. 6 REPORT Of the Board of Commissioners on Regulations and Course of Study for the Agricuttural College of Oregon. To the Ifonorable the Leqislatire A.semhhj of the State of Orejon: We, the undersigned Commissioners, appointed by the Act of the Legislative Assembly of the State of Oregon, approved October 21, 1870, entitled "An Act to 1Iermanently locate the Agricultural College of Oregon," pursuant to the requirement of said Act, beg leave to make the following report pt'eei'hng rules, regulations and bylaws for the government of said institution. J. C. AVERY, L. F. GROVER. N. H. CRANOR. COLLEGE RU [ES. RULE 1. No student can enter a class with any professor until he shall have been adnutted to the College and eni'olled by the J're. dent. RULE 2. All students must attend the opening religions services of each day. RULE 3. All students will be required to observe "study hours and not be found loitering in the streets. in shops, or at places of amusement (luring these hours. RULE 4. No student shall play at cards or billiards, or enter at amj tinie places of qainbhng or drinking, or buy, keep, or use in his room or elsewhere any intoxicating liquors. RULE 5. No one can remain a member of this Institution who is idle or vicious, or whose influence is detri- mental to the discipline or reputation of the College. RULE 6. No student will he allowed to smoke on or near the College grounds. RULE 7. All students will be required to abstain from all profane and obscene language, and all noisy and disorderly conduct about the College buildings. Ai'PiNDIX. 7 Students must attend promptly to their duties studies assigned them, and iii no case suspend a study 811(1 ot' change a recitation without periuissipli. RULE 0. A record of the scholarship and deportment (i each student. vihl be kept, aiicl this vilI at all times be open to the i tispeetion of )aients and guardians. RULE 8. 1ni. 10. it is expected and eqjoiiied that sttideiit, on Sunday. attend the church of their choice, or that of the.i r peI'eft Is or gun rdi a us. BY-LAWS. I. The Board of Regents shall hold its annual ineetiiig in (O1IiiCCt.iOn with the closing exercises of each eo/(eqiaie/car. The President or Vice President shall have 11. to call s ecial meetings ot the Board, and iii all cases seven members slml I cOnstitUte a quoi'umn for the transaction of business. Of/i(ei' an'' (I e h' i)u/ies. Iii. Time ofheers ot the Board shall consist of I 'resident, \Tjt.e i'resideitt, Secretary. rFi.easin.cI. Collector arid Librariami. It shall be the duty of the President. to preside at all meetings of the Board, to preserve order, and perlorin such other duties as his office may require. V. The Vice l.'residcut, in time absence of the i'resident., shall take his place and perform his duties. \q Secretary shall keep a record oft.hie proceedj\T, i rigs of the Board, and si mall I mave charge of all time pa mers and books belonging to the same. Vii. It shall be time duty of the Coiler/ar to collect and receipt for all moneys due the College, and to pay the same over t.o the Treasurer, taking his receipt. amid report the amounts collected to the Board of Regents, at each annual meeting. VIII. It shall be the duty of the 7ea.urer to receive arid receipt for all moneys paid him by the Collector, S APPENTUX. agent, or (lerived from aiiy other souree for the use of the College, to pay all warrants \vhen ] roperIv issued and to iiiake an annual report to the Board of Regents. IX. The Librarian shall have charge of all books belonging to the College hbrarv, nd allow the same to be taken out only in accordance with the regulations governi ng such asoeiati oiis, and shall iej ort at the annual meet.i ug of tl e Board t1i( ijuinber 811(1 COIIdit.1O]I of volumes in tb e I i bin ry. J'leLofl.'. Elections slut1! be held at each annual meeting, the officers elect to take their seats at the next ensuing session of the Board. X. f tI is lustitution sititl I make arc1 ott to each biennial session of the Legislature, giving the Ilurilher of students, together with a detailed statement of the workings of tli e I tistitlitioti. and of rc((i its aii<I eX end TI ie l- eget its t U res. (()TI5] Ul F[1)IES. J'i(pa.raIoi/ (]I.c. i/all iaa.l,. Aritlouctic. Algebra. Jn.qii.s/i. fleadlilig, Selling, GciJLrapIiV, English (;taniinir, I111nituslIiI.i, of United States. (i'uniositioii. Llociitioti, history i\ilcr,'l 'en,e.---NaIura.l history, I'hiluu1}iy, l'hvsiologv. L(t1IJfC(Iq('.LntirI (4ralunlar, Latin Reader, creek jar, ( ; reek H cadet. F IC neli (- ritni n jar a tid II eade Ceruuuj. ra nil Jl(,,',, /].' ,,(,',:'.l'itct,jcs, l)ri II. Iiri/tc,,tl.--1 irutieaI iijsttiii't,iuti II ((0 ifall. ni 101 F aria. (. l(u0. ,l1'.--\ lgelaa. ( io I! /qiJ .l'}j et.oric, ('inn position, I! istory. flook-keej dug. APPED1X. 9 rani c and Organic ( 'hemist r (iiaIi ati ye Analysis. Structure and [lysiology of Plants. .II1( 1 \Tater, Atmosphere and Soil in tiuci r relations to vegetable pro(lul(tion. \EeI eoi'ologv. Zoolo.rv, P,otuiv, I '1vh-ul (&ogrpliv. \uicient ( eograJ liv, I0Tnaii \ iitiu1uitics. \/j rgi I, (icero, ( reek A llti(1unties, (i-eek l'etaiueiui. 1-liniP!-, ireticli, ( er1nan. .1 iuieuuf/i.Tlieory and Pi-actic of Agriculture. 1' i iei Cs 'uhf ((I of I'i I lage, Din ii iag'e, Lai idsciij - ( -ard ciii no' i'.-1itetic, I )ri II Zoological fII),, .'uf,u/I ,,o'/-cI.---lrjgonuinetrv N a vi atiu ni, I )l1\.! \ len.su rati ol i, ug. i\Iaps of Favin-. &e. Ji,j!;/._ lliCtoIiC, I ( plan! and slut-ic'al). Sn lvev ii ug. P'i P1(1 Surveyi 1u, ('oni JO!4i(. silioii. 1loeui ion. H)k-k(( ii ug, ttiiveisal I listoiy. C/Il, .--.AI1:\'Sis of \lincn!ls, Ores, Soi1. shes o l'luni, '!Iin(raI \\atei,-i. &i. &e. : l'i:o tI! ill \IiIieIitIogv. 1iitouio]ogv, (eologv, lotiun,y. I onitii und ( ieI\iitiqtiitics, Sullust, II )ra(-(s ( )des and Ti ale-. ( reck lostuuiuent, homer. _\a/ulI(,I \Iaiiiu&-, I'i'eiicl ( ;ClTLU1. lia-ui1iu'i' .Iheoiv and Ilactiec f Agriculture, Tiortipumltuii-e, F'arni Tiiiileiiu iit- and l)itinage, 'tocl- 1meediiig. J)n..Geoluugi-aI, lo1inuiel. ,JIf I P/I ( Nat tual amiul Revealed JJ')ro/ Ph fl0.Pj)Io/._ lviu1eii' Ro ligi on. M oal l'lii loo 1 iv, I 'ol iti cal Economy. lIctIu inotc-._AnalyLicaI ( eonii'trv, 1)iffero,itial and Integral Calculus, 1' ract I cal Siu rveyi ig amid Eiigi neeri ug. Ill Eng1ih.-v1ental 1 h ilosop}iv, Iiig1is}i Literature. 10 APPENDIX. Natural Seience.Qualitative and Quantitative Analysis. Mineralogy, Chemistry, Geology, Organic Analysis. .Lanquaqes.Livy, Horace's Satires ipistIes, &c.; Odyssey, Dc Corona, Latin and Greek Composition, French. German. Aqrieulture.Tlieory and Practice of Agriculture, Train- ing and Culture of Fruit Trees, the Vine, Small Fruits, Culture of Flowers. Militar,j.'I'acties, Dri II. Senior Class. Moral J'/ulosoph,.Evidence of Natural and Revealed Religion_continued. Jlatherna tieal.Mechanics, Astronomy, Civil Engineer- ing. Ni tu,'o I Srien A nalysis. .Chemistrv, completed; Quantative Lanq'u,e...Jii venal, Cicero, Tacitus, Alceslis, Thucvdides, Dernosthenes. Aqrwul(?fre.TlIeory and Practice of Agricultui e, Layilig out of Lawns, Ornamenting Grounds, &c. Jfilitarj.Tuetics, Drill. Your Commission find it impossible to draft Laws and Requlalwns sufficiently comprehensive to meet all the interests of the State Agricultural College. WTe, therefore, recommend that the Regents be empowered to make such additional regulations and such changes iii the course of study as may be necessary to meet the growing wants of the Institution. And, in relation to the foregoing, we beg leave to suggest that courses of study be so arranged as to give students the option between different courses, or the selection of different studies taught in said College; and that diplomas may be awarded upon courses of studies actually mastered by the pupils. This course always being under the direction of parents, guardian and faculty. 11 APPENDIX. EX ECEI'Fi V E C()H.1USPON1.)ENC1. I'UBLIC LAND$. DEPARTMENT OF TUE INTERIOR, GENERAL LAND OFFICE, \VASIITNGTON, 1). C., Ma 3d, 1871. IJi.s 1. E Groer, oernoc of Oregoii: SIR: I have the honor herewith to transmit certified transcript of List No. 2, embracing tracts selected in the Rose- burg i)istrict, containing in the aggregate 167,633.57 acres, a.s lands " in. place.'' and inuring to the State of Ore- goit under Acts of Congress approved July 2, 1864, and March 3, 1869, entitled "An Act. granting lands to the State of Oregon to aid in the construction of a Military Road from Eugene City to the eastern boundary of said state." Also herewith, certified transcript of List No. 3, con taming selections within the indemnity limits of six miles of said Mi]itary Road, as provided by the Act. of Congress approved December 26, 1866, and embracing in the aggregate, 23,475.60 acres. You will please acknowledge the receipt of said transcripts. Very respectfully, Your obedient servant, WILLIS DRTJMMOND, Commissioner. API'END{X. 12 I) EPA R'Fi\i 1; NT OF T tiE I N 'ii: aioP, (xi;'ii. LAND oFFICE, \\AIT[NGToN, I). C., \Eav 13, 1871. hi8 IT(' i/P flUtJ, I F U , 09 9 0r (JO??: Sia:E1erevitIi I have the Itt,itor to tranrnit certified (lo e ,', o' of' traliscrilt of List No. 1, enil)raeilIg racts selected iii the I ug n the aggregate 4G.814.43 acre. a land ulunug to the state [tO ved July 3. of ( ) reg( ni under (Ii e . et of ( ug e Oregon City and 1h'sel )ur9 t i ct, tln(1 coi ital I )i ti a amended by .\ (t of .J tilv 13. 1870. "to tad eonst lUeti( ot a \ Ii Ii ry tti I-h )ad ±101 i IL the A I hat i, Oregon, to of stud State.'' kno\vII a the WTj1_ the eastern hamette Valley atol Caeade \ Ioiintai a \ Ii litary \Vagon 1)ouhi(larv Road. Ion will ,] ease aeki tow I edLe ti recoil ,t of ai d tran- script. Very reI9eetfullv, Your obedient servant, MT. W. CURTIS, A ('ti ng Commissioner_ STATE OF OREGON, EXECUTIVE oUncE, SALEM, May 8, 1871. lion. Colunthtt. Deloito, Se1','cta rg of In t Wis/onqfon Ctty 1/te There are several acts of Congress heretofore passed making grants of laud to the State of Oregon, to SIR: 13 APPF\l)L. aid Iii ti e ls II iet C( i )i of ii Lii to ir \VLW( 'U VOi(l. I'! IC A (t of July , 14, entitled "Ai Act Ianhiilg lands to the State d ( ) regon to aid in the C( H ist tueti oii of a Military Li Ige ne Ci tv to the caste n i boundary of said I oul fi' )flI State, lflaV he taken as an example. o1i \Viil )WI fl ol)-(erve that the iiaiiting clause is in the fol- W( iii the state ot : TI ait the ic ( ) ieg H I,'' & e. lie re hr IC ii) 1(1 I u II i S (101 1( illS grlI lite(1 to of bei hg in- of fii Land I )elartilielit of the Liuted States nndei land giants of this fbrnie d wi at I cliii in (Ic I, I the dcci sioii or wi tl reference o the i ELI (11cc i 55111 lice of patents. receIve jatelits thi huc is entitled under these giants, upon a haul1 to which shIo\vilLg ot tijets colistitutilig her uight or, do these Acts aic COlCHd(1ed to of ( Onics coie.ti tute shell grants Miv the 'tote iif ()ieg ill (Xj ict II) it a-s t lie Iii i id WI the lit I ateiit Au iiidiciitioui of the view taken by your ofhee vill taci lititc the adjiitiiicuit of (jue$ions of title under these grauit, aiiil greiitiv oh hg , air obed Lent servant, L. F'. (110\TEI{, (overnor of Oregon. l)E1'AoTl L''i UI' lulL \\TASIL[NU[O\, II). Li ('., Mav EIL1UIL, h, 1S1. have received youu letter ot the ith in-,tant, on or 110 eti ce of the Dc11(1111 ring a to What is t lie (le Cl 1,aitment under land grants of the ehiaritetci of those made SIR: I to Oregon for certail wagon roads, with reference to the issue of patents for the granted lands. 14 APPENDIX. In reply, I have the honor t.o state that the act to vest in the several States and rIeJ,1,itol.ie, the title in fee of the lands which ave beeti or may he certified to them, approved 3d August, 1854, provides, that where the law making the grant "does not convey the fee simple title of such lands, or require patents to he issued therefor, the lists of such lands which have been, or may hereafter be certified by the Commissioner of the General Land Office, under the seal of said office, either as originals, or copies of the originals or records, shall be regarded as conveying the fee simple of' all the lawls embraced in such lists that are of t.he character contemplated by such act of Congress, and intended to he granted thereby.'' The act of July 1st, 1864, to regulate the compensation of Registers and Receivers iii the location of lands by States and corporations under grants from Congress, provides that those officers shall be entitled to receive a fee on the final location of each 160 acres, to be 1aid by the State or corporation making such location, which fees are to be accounted for to the United States. The State is theretbre required to file in the proper local land office, through her authorized agent, lists of the lands granted for the purpose of aiding in the construction of wagon roads, and pay the fees of the Register and Receiver due thereon. Those officers are then required to certify and forward such lists to the Commissioner of the General Land Office. On the receipt of the lists at the General Land Office, the lands described therein, if fbund correct, are approved, and certified copies of the approved lists vesting the title in the State are forwarded to the Governor. The circular approved by this Department on the 24th 15 APPENDIX. Jaiivarv. 1807, copy herewith, 1reseiibes the form of select ing and certifying the granted laiiL. II am, sir, Very Respectfully, r obedient. servant, (. 1)EJ\O. Sc c reta ry. His Excellency, L. F'. Grover, Governor of Oregon, Salem, Oregon. S'rA'rE or OltEGox, ExECUTIVE OFFICE, SA1a1, May 12, 1871. lion. (Jolom b io [)e1' w, rietariI (,t t/c iIfee)r, a,'h ejon (lily, 1). C.: On the 30th of November, 1808, lists of indemnity school lands in the Oregon City District (floin one to seven, inclusive), embracing 18,383.53 acres; on the 31st day of December, 1808, lists (from eight to t}ti iteen, inclusive), embracing 1 7,037.52 acres ;and on the 27th day of February, 1809, lists (from fifteen to eighteen, inclusive), enibracing 11,007.10 acres, were forwarded from that office to the (Jeiieral Land Office at Wasliiiigton City for the action of the Commissioner. Nothing has beon SIll: received at this office sIiowng any action on them by him. As a great many of these indemnity lands have been sold by the State, under the impression that their selection had been already approved by the Commissioner of 16 APPENDIX. the General Land Office; and as immigrants to this State are pressing their al)1]ieatiolls to purchase these lands, I would most respectfully ask you to give the matter your early consideration. I have the honor to be, Very Respectfully, Your obedient servant, L. F. GROVER, Governor of Oregon. DEPARTMENT OF TIlE INTERIOR, WASIIING'roN, 1). C., May 29, 1871. I have the honor to acknowledge the receipt of your letter of the 12tl instant, concerning certain lists of indemnity school lands, and to infbrm you that the same has been referred to the Commissioner of the General Land Office "for early attention.'' SnI: Very respectfully, Your obedient servant, C. DELANO, Secretary. us Excellency, L. F. Grover, Governor of Oregon, Salem. DEPARTMENT OF TIlE INTERIOR, GENERAL LAND OFFICE, WAShINGTON, P. C., June 1, 1871. His Excellency L. F. Grover, Governor of Oregon: SIR: Your letter of the 12th nIt., addressed to the . 7 i'PIN])IX. lion. ecict.arv the Interior, relative to i nderni i ty school selectivas in tue (.)reon City Land District, oregoil, tinder the iu-ts of (tigress of February 14. 1i9. t), (as ici lists, rouiI \o. 1 to \O. and Febuary 1 1' iiiclusive), ha beun rtferle(i t.o this office. In reply, I have the luotuor to state that the lists re- ire now on file in this office, will be taken up wit] a tot delay, all scleetioi is ti erei ii found to ferred to, which be free froni legri I o1jeetjon W- II be i nd tided in a. clear list aiid submitted to the lion. Secretary of the interior Ibr his aj i-oval, of vhi eh, uvhien proved, you will be furnished with a certified copy; and regarding any of the selections to which legal objection which will he niatle tip it may appeal, the same will he 1ronipt.ly commui,uieateil the Register and Receiver of the l)istrict Land Utlice. to \erv respect huh lv, \Otir obedient servant, \V[LL1S D1IITMMO)N.l). in ii ssj oiler. STATE OF Ut E(iON EXECUTIVE OrFICE, SAIiirst, lion. 1'Vzlli May 17, 111. 1)rwrn in on(1, nnni issioncr of fit.' (encccl .Lait'J Offlec, ITaioi.j/on C/tij, .1). ( On the 1st day of MaccIt last, lists of University Land selections, front one to seven inclusive, embracing 35,959.99 acres of old selections, and List No. eight, of tit: 3-0. [8 4,080.78 acres of new selections, made by rue under Act of Congress of February 14, 1859, admitting Oregon into the tTnion, were forwarded from the Oregoti City Land Office to you for youi action and on the 12th inst., List No. one, of ,924.22 acres of old seIe'tions, and List No. 2, of 200.47 acres of new selections, made by me under authorit referred to in relation to List No. eight above. \were torwarded to you from I tose burg Land Office. Those on the 01(1 lists were made several years ago under autliori ty of the Ferr'itorial Legislature, and were approved b the Surveyor (icueral. (See Act of Congress of Sep- tember 27. l0, relating to Publjc Lands in Oregon.) But as the tuvevor (iciieral did not have the selections pi'oj erly platted on the tO\V11Sl1i1 flhit5. and the Iist not being in a very clear coi idi ti ii, conflicts a rose ci a great rnaiiv of tI 1cm, and those in conflict were abandoned hr the State. The lists 'eat you are free from conflict of any kind. A great many of these lands have been disposed of under the conviction that ti e I'erritoria I and State authorities had a right to dispose of theni as a fee simple gralit and in order to revent future conflicts and delay to settlers, and expense and trouble on the part of the State. I respectfully urge early and final action of your ofhee upon these selections by way of confirmation. 1 have the honor to be. Very respectfully. Your obedient servant, L. F. GROVER, Governor. 19 "LA'i'E OF ()aEG0N, EXECInvE OFFICE, S'jj1, 11 'iii I)r ,i ii ( iui June 12th. 1871. iu ,e, (,.era./ J'nci Office, lTv,.'1 n!on. f). (17.: to co ie,s of eert.ie(l approved lists of lands selected nide the visions of the 8th section of the act of ('oIires. entitled Act to apoo1riat.e the proceeds of the sales ot the public lands, and to grant pieenijtiou riilits,' a1j,roved epteniber 4, 1841, sent to this office by the ('on Ilnissionel of ti ie Genera) Lu id Office, I til that. 431,57.42 acres of tbc laids iaiited this state Ia: of tic 15v eferri n 0()(} acre grilt. have been :ij oved by the eret.arv t the liteit. )n the 1st ot I:ist. ,1aic1 lists troiii 3(1 to 47, incIsive, enbi:ciiu 1(.177.21 aces, under the last mentioned act, were fbrvarded to vou& office from the Oregon City Lain! Office, for your action, and on the 1 2t1 nit., lists 1'\os. 2, 44, and 51, embracing 3,525.42 acres. cre set. hoiii tIe iosebuig office: and lists Xos. 1, 2, 3. 49, and 50. em1Ithiirj 1.21 ,t;23.74 acres, were forwarded from tie hitter office about. two years ago, but no action ha vet been taken on them to the knowledge of this office. You will observe b sulnini ng up the several selections forwarded, there is selected an excess of 67,136.20 acres over and above the allowance of the grant. That amount, therefore, will necessarily be rejected by your office in making final approvals. Owing to a misapprehension on the part of the author- ities of this State, amid on the part of settlers who have entered upon lands selected by the State under this grant, certain portions of these lands which yet remain una.pproved have been occupied and purchased under State authority by bona tWe settlers, believing that the lands so 20 Af'I'ENf)TX, purchased and occupied lund been alIea(I a1;roved 1w office. You wt I ueicei ye, rI ucu ctuc, if tr VOul :0 v reason the on- nupied lands should be disa11roved at this time, and the U itited States, it will tittE? Iregoll and these cttleis. iuiaitv of \VIuoflI have niiuiR extensive and valunuuu the In ads. ble i iiipi' )velu tet ut vi Ii, therefbre, take flue liheutv O suggesting those lanils which have been uli s1osed uul and have become occu ied and improved in the manuel stItch, nun of uuiuki hg e1uest that tine same ti eiebv benonu e In seriously cml ):u IT:uss of is 1 )OtI I fit t I ) ( ii be fit-st. exaniiuicd and itt! roved liv vent- office, as follows, to Wit: Lat ud su n-gcsteu I to I)e pj uoved. Lists from :36 to -li, IIICIIISIVC, of )reguuu ('itv Land District, ernbracinlists \o5. 2, 44. 40. aO anul 1, and sec16,177.21 Ocdes tions 6 and 7, T. 40 5., l. l. : sections 6, 1, 13, 18, 19, 24, 28, 29, 31, :32, 33 and 34, T. 38 5., R. 9 E.; sections 81 and 32, T. :39 5., II. E.: seutiott 3, 5, 8, 9, 17, 18, 20, :1 21 and 28, T. 39 5., ft 9 E.; and sections 22, 27, 28 and 34 T 39 5., H. 10 E., of list.s 1., 2 and 8, sent from Rose-. burg Land Officethe latter list. No. 2, having becir forwarded some two ears ago. As to balance to eoinj )Iete the coln lemetit of the 500,000 acre grant, the records of your office will furnish sufficient indication. When the approved lists of the abovementioned lands shall have been received at this office, 1 will forward an additional list to make the complement of the 500,000 acres granted by said act, from tine lists already in your possession. I will also transmit at that time an abandonment of all other lands of such selections, in case the course here suggested will meet. your approval. I have the honor to be, Very respectfully, Your obedient servant, L F. GROVER, Governor of Oregon. 21 .½PPENI)IX. I )iii'r MENT OF THE iNTERIOR, (ENEaAr, LAND OFFICE, WAIr'Iox. I). 1I.' 7'/ (.. August 23, 1871. (,,,',u ,/ o/i,i,. ()rr(/on R.ef'eiriiig to your letter of the 12th Jmie last, enclosing list of sehectiois by the State of Oregon under Act Sia : ejteinhei 4, 1841, and requesting that the same be taken up aini ceitihed over to the State at as early a clay as hireetica b he, I lie ye the 0110r a state that the se leeof tiolis (leseli 1 eih iii sa d list. will be taken up at an early day and, on exanil natioit, shoti 1(1 the saDie be found clear, a ti list, will at oiice he prepared ot these selections and submitte(l tbr a a'ova I. When the list shall have been apI o'ovecl, of the same vi 11 be transmitted to your Ex- cel lOilcy aud to the local othees. I am. Sir. Very resieettilly, \our obedient servant, W [LI [S I)R1JMMOND, Comrriissioner. EXECUTIVE OFFICE, SALEM, August 22, 1871. /f0, 117'm. Ii. Odeil, Srreior Gencai, Eujene City. Sin : I desire to be informed whether, at any time since APPENDIX. the admission ol the State of Oregon as a State of the Union, instructions have been received at the Surveyor General's Office from the Land Department at Washington, reeogmzing the lands on the sea cast of this State, lying between the ebb and flow of the tide, as vested in the State by right of her sovereignty over the same, and whether the public surveys under charge of your bilice have been directed to be limited upon the line of high tide at the sea coast arid upon the inner line of salt marshes made such by the tide ; and I also desire to know if instructions have at any time been received since 12th of March, 1860, being the date of the Act of Congress extending the right to hold the swamp lands embraced within the limits of this State. directing your office to recognize that right and to ascertain by the public surveys the extent and location of such swamp lands. [f instructions have not been received, definitely refer- ring to the points herein mentioned, will you be kind enough to inform me if instructions have been received on any of these subjects, and to what effect I desire this information to enable me to correspond intelligently with the Secretary of the Interior relative to these rights of the State. I have the honor to be, Very respectfully, Your obedient servant, L. F. GROVER, Governor. APPENI)IX. LT. S. 2% SuRvEYoR GENERAL' S OFFICE, OaGoN, EUGENE CITY, September 4. 1871. lion. L. F. Grorcr, Goeernor of the State of Ore qoli, Execctie Office, Sin: Sulew, Oreqoi: Your letter of the 22d nit. is received, and eon- tents noted .ln answer, I oave to state that I have exarni ned the letter flies from 1858 to the present, and find nothing relating to the swamp or tide lands in this State: hence I conclude that no correspondence has ever been had between the General Land Office and this office upon the subject. V cry resieetful ly. Your obedient servant, W. II. O1)ELL, Surveyor General, Oregon. STATE OF OlIEuor, EXECUTIVE OFFICE, SALEM, October 25, 1871. j'() Ihi' (oynn ,oner of' the General Land Office, 11(1I1/to/ (Jtq, I). (: 1 herewith transmit a certified copy of the ajprova! by the Surveyor General of Oregon of lands selected under authority of the Legislative Assembly of the Territory of Oregon, in the county of Benton, under and by virtue of the tenth section of the act of Congress of September 27, 1850, entitled "An act to create the office of Surveyor General of public lands in Oregon, and to SIn: 24 APPENDIX. provide for the survey and to make donations to settlers of said public lands.' You will observe that the htst. clause o this section provides as follows: " The selection to be aI-proved by the Surveyor General. The list fbrwarded is a selection approved by the Surveyor General. Question: Can we treat these lands as finally approved under said act Ver respectfully, Your obedient servant, L. F. GROVER, (-overnor of Oregon. DEPARTMENT OF THE iNTERIOR, GENERAL LAND OFFIcE, WASHING'l'oN, 1). C., 1)eeernber (, 1871. Ills Exeeileneq, The Goee,nor I Oieqoi, Salem, Oceqo: Referring to your letter of the 25th nIt. (October 25,) I have to state that no selection by the State can be considered as finally approved, until the same has been SIR: submitted to the Secretary of the Interior and by him approved. The list of selections transmitted by you will be taken up and examined at as early a day as practicable, and if found correct and free from conflict, the same will be submitted for approval. I have, also, to acknowledge the receipt of list No. 50, of Internal Improvement selections in the Roseburg District, transmitted with your letter of October 20th, last. APPFNDIX. under the several acts of Congress, in )re'on, will receive the earliest possible attention from this office, consistent with the rights of other States, and will he listed with its great a degree of rapidity as is pTie -.e]ee h ia' I tja I. \ei'v I'esllectfi1lly, Your obedient servant, WILLIS 1)1tIJMf0N1), Coinnii ssi one r. SFA'I'I OF' OluiaoN, l:xii'r'i SA iru. hP. n';ii; OFFIcE, >overnher 1, 1871. J),'i,,,,,,e,/ (1w,t;,;au,,' ( / f'/ Office, We .s1 UJIOP (?eq: Sin: A letter has been rehrred to this office, commu nicated by von t.o Quiiicv A. Brooks, of Ashland, Oregon, under date of September 7, 1871, in vhie1i you state that the records of the (enera! Laud ()ilice (10 not show that the State of Oregon ever made any selections under the act of 8e1t. 4, 1841, iii T. 38 8., R. 9 East. rue records of the l-ft)sehllrg Land Office show that selectioiis in this township among others, in the same part of the State, were made by my predecessor, and that the fees required by the United States of the State of Oregon for the aj 1i'oval of these selections, have been paid out of the State Treasury of Oregon, and that the same have 4u. AI'EENDIX. been (lilly reported through said office to the Jiroper office at Wasliitigton, over two years ago. \Vht further defects and ernbarrasments may be niet with before securing the full investment of these lands in the $tate of Oregon, I am unable to aj predate in the abselice of any action by the General Laud Office on the subject 01 my (N)lnTiIIHiiCatiOli of J llflC 12 last, to wi ii cii I most resl cetfnliy but urgently again call your attention, for the reason that every day's delay tends to complicate the title to these Ia mels amid to embarrass Is th those clai mi ig under time $tate and utuler the United states. and tending to retard the settlement of tIme eoitntrV \er respectfully, Yotir ruost obedi&ut servant, L. F. GUOVE1. Governor, L)EPARTMENT OF TIlE ITERlOR, GENERAL LAND OFFIrl, WAShINGToN, 1). C.. l)ec. 7. 1871. IIc- Exeelleney L. F Grocer, Gorernor of Orujon: Sia Referring to your letter of the 1t nIt,, iii reply to ours of September 27, 1871, to Qnincy A. Brooks, Esq., in reference to selections by time State of Oregon, under the Act of 4th Se1mtertiber, 1841, in Township 38 S., Range 9 E. I have again to state that no selections of any kind in the above named township have ever been reported to this 27 PI'ENDIX. the ii sts wele tat it-mitted as you state, the same must. ha ye been lot in the t.ransmisson. I have therefore the hot tot to FC( 1uet ott vt In \VI Ii ca us dn1 Ii eate lists to be made of Oi11('C. it tl!eI'Q i 1I( mitake as to the tOWIISh]p, 811(1 tlte SIle('tiOI}s iii that to\VI15hI1I, and also of aiiv others siii osed to have been embraced iii the lists referred to and traitsuuit veniet ice. the saute to this office at your earliest eon I am. $tr, Very respectfully, Your obedient servant, WILLP-' i)RUMMON.I). Couiutaissioiier. SlATE OF U1lEuo, 1 SALEM, 'lb t/u ,r/O,'/ of fit vi.: (,)FFIeE, \ovcinber 9, 1871, Inteeor: I he leave to call your attention to the right of this State to hold the swamp and overflowed lands within her hordeis, not (iis1toscd of by the United States before Sin: March 12, 18(30. By the act of Congress, approved Sep- teniher 2$, 18j0, it was provided " That to citable the State of A rl;ansas to construct the necessary levees and drains to ree]u1u the swamp and overflowed lands therein, the whole of those swamp and overflowed lands niade unfit t.hieicbv for cultivation, which shall remain unsold at the passage of this act shall be and the same are hereby granted to said State. That it shall be the duty of the 28 APPENDIX. Secretary of the Interior, as soon as may he practicable atter the passage of this act to make out nit accurate list and pints of the iand described as rfhresa.id, and transmit the sanie to the Governor of the State of Arkaitsas,'' and at. the request of said Governor cause a patent to he issued to the State t.herefor. By tlie act of Cotiress, ajq roved \ ía mu I I 860, the provisions of the last-named act. wee extended to Oregon. The second section of tins act i rovi des" tint ti te selection to he made fo an Iai id salrenlv Sit I-vexed in each of the States, iriciud hg Minnesota nnd Ore it, under the authority of the act. aoresai (I, alit I at tl e act. to aid the St.at.e of LOWSIiiiUI ill diaiiiiiig the swiiuii liitds therein, a pin ved Mart-I . 1819, sI tall he made wititi ii two veal's from the a (hi ot n-tin ttt it of' tie I ci slat i ic of en cli State at its next session atter the date at this net: and as to all lands hiei'eaftei to be sin-vcved, within two VC:irS front such i adijourtimetit at tl e next. sessi (II after notice 1 the . Secretary of the Interior to the Uovei-iiit- of the State that the surveys have been completed and conlii-med. You will observe that by net of Septeinbet 8, 180, the first step vita] to tite complete investing of the title of these land.s in the State is to be taken by the Secretary of the interior. He is ' ' to make out all accurate list tnd pints of the lands described as atbresaid, and transmit the same to the Governor of tIe State interested in the gratit, "as soon as it may he pi-acticable after the passage of this act,'' and at. the request of said Governor cause a patent to be issued to the State thierefor. It is also provided by the act of March U, 1860, that the selections of these lands in districts then surveyed should be made "within two years from the adjournment of the Legislature of each State at its next session after 29 APPENDIX. the date of this act; and as to nfl lands hereafter to be surveyed, within two year from such adjournment at the next session ajt r /lot?Ce by tile S( (1(1(0'!! Of the Iid rwc the Gor( moe of 1/IC State that tile ueeeqs here beCil plete(/ a/cl eoifieinuL' CO/il- Although more than eleven year have elapsed since this State has been entitled to a segregation of the swamp and overflowed lands within her bordeis. currently as the surveys have progressed, yet nothing has been done, to the knowledge of this office, by the United States Land Department to that end. It i. true that a letter was addressed to the Governor of Oregon, hearing date Ma lst, 18(h). liy (O1llllli -siouier Jose s Wilson, of ti e ( eneral Land Office, llotifviJig him of the swami land grant, and asking: Fir.t. whether tile State would he willing to ahule in The held notes of the surveys, as designating the land.; or, .econd, whether, in the event of non-aceel)tiulce of thee notes a. a ba.is, the State would furnish evidence 1 that any lands are of the character embraced by the grant. This letter eenied merely to he rehiniinary to action by the Secretsi V of the Interior iii his work of pI-eariug a "11-4 and 1 hats of the lands described,' to be fbrwarded to the Governor, a. required by the law. But no list and pial I ave e eu bee ii received iiv the Gove i nor, nor I ias any notice ever been gi en to tIme Executive of this State, flint the survey, embracing the swamp and ovei flowed hands I uave been completed and confirmed. For tl e urpose of i ufornmation as to what action, if any. had been taken by the Land liepartment toward a seglegation of these lands, aecoiding to the provisions of the acts Of Congress recited herein, 1 acldi-essed a letter to the Surveyor (eneral of Oregon, asking what instructions, if 30 APPENDIX. any, his office had received in relation to the surveys of swamp and overflowed lands in this State. His answer, a copy of which is hereto appended, indicates that "no correspondence has ever been had between the General Land Office and this (Surveyor General's) office upon the subject.'' You will observe that by the second section of the act of March, 1860, the selections of swamj lands from dis- tricts then surveyed were limited to the period of two years from the adjournment of the Legislature of this State at its iiext session after the date of that act, which period elapsed without action on the part of the Secretary of the Interior as directed by the law, and consequently without action on the part of this State. But as to all swamp and overflowed lands within surveys made since March 12th, 1800, they can now be selected, because no limit is placed against selections of this class, ex- cept that they must be selected "within two years from such adjournment (of the Legislature), at the next session after notice by the Secretary of the Interior to the Governor of the State, that the surveys have been completed and confirmed,'' which notice has never yet been given, noi' have any lists and plats been received at the Executive Office, and consequently the time of the limit has not yet begun to run. I, therefore, respectfhlly urge that as to all swamp and overflowed lands within tile surveys of this State, approved since March 12, 1860, the Department of the Interior cause to be made a "list and plats of the lands described aforesaid," and to be transmitted to the Governor of this State, as provided in section 2d, of act of September 28, 1850; and that notice be given that "the surveys have been completed and confirmed," as provided iii section APPENI)tX. 31 2d, of act of March 12, 1860, in ordei' that the electioii of said htnd to he made by this State may be properly recognized and iatented. In relation to all the swamp and overflowed lands in Oregon not "reserved, sold or disposed of'' by the United States on March 12, 186(1, the position of this State that by virtue of the acts of Congress recited, a conhilete giatit and indefciih]e title were vested in the State "of the whole of t1ioe swamp and overflowed is. lands:'' the coiisicleiatioii of the grant being that the proccc Is f tl i e liii 1. l a odd he ai i lied to their reclamation as fur a i tiecesarv to make them arabic. That the na- ture of the land is notice to all the world of what is granted; and ti at. the uhject of the giant is definite and certain; a in law, that is certain which can be rendered certai ii by m east rem e lit OF ca hen Intl oil; that non-action or nli-4takell action on the ctrt of the United States, or of thii State. cannot defeat this title; that while, by reason of the lapse ot tlic two years limit affecting 1)e1aitnient action on selections made from surveys approved prior to 12th March. 1860, no patent can issue for the same without action by ('ongies extending said limit, yet the right to the land ti II rests in this State by virtue of the grant, and cannot be impaired by act or omission of the United Stat..s. I 'u rsii:tiit to ti i ese views ii 11(1 iii dclii tilt of any action on the part of the United States tending to facilitate further recognition of the right of this State to these lands, the Legislature at its last session l)hS5ed "an act providing for the selection and sale of the swamp and overflowed lands belonging to the State of Oregon.'' (Laws of Oregon, 1870, p. 54, a copy of which I have had the honor to By authority of this act the transmit to your office). 82 APPENDIX. agents of the State are now in the field making selections of these lands. You will, tl!eretbre, appreciate the propriety of my so- liciting that you cause instructions to be issued to the several Land Ofces in Oregon inquiring of them to take no action which will involve adverse possession of any of the swamp and overflowed lands, and to suspend all action in cases where any adverse occupancy ha been allowed by them since the date of said act of the Legislature of October 26, 1870, until this subject shall have been concluded between this State and the United States. And I respcetfully ask your attention to be given to that class of these lands falling within surveys approved since March 12, 1860, that the selections by the State may be recognized, and that patents issue to the State therefor, in order that Oregon may be placed on the same footing with the other States entitled to the benefitof said acts of Congress. Very Respectfully, Your obedient servant, L. F. GROVER, Governor of Oregon. DEPARTMENT OF THE INTERIOR, WAsmNGT0N, D. C., 11th Dec., 1871. SIR: Your letter of the 9th ultimo, in relation to swamp lands in Oregon, was received and referred to the Commissioner of the General Land Office. I have the 33 APPENDIX. nior to i eLse lierewit] i a copy of I its rei ort on the sit 1)led. H tiler dai e of the .iti instant, with the acconii einyi i papers. I am, 5n, Very re1 eet.muilv, \oii r 0 bet em it servant, (. i)lLANU, his Excellency, L. Secretary l'. Grover. Governor of Oregon. Salen ( reg am WIM I'NT OF TIlE I ... ERIOR, GENERAL LAN o (.)FF'ICE, I). (.. 1.)ec. 5, 1871. f W,&sn[uruN, I1oi. (.. J)r/oie. ta ly] Sia i tie Jo /eIw: Tue letter of the Governor of ( )rcgon, of 9th imltire ICC t.() SWI mn ha Ills Ill ti alt State, refe rreil b you to this office fi r rcj ot, I as beet i reeei ved.Asprelimminaty to a statement of tie flicts it regard to the (laim of tile State of Oregon for swamp lands, a brief statement of the practice of the 1)cjsItIrIellt., nntlei' the swamp grant, may aid i a better under-tam idi mmg of tile ease. Tue Act of September 28, 1850, required the Secretary oft.Iie interior to make out lists, etc. ; this duty could be perfi)rmCd only tin-oughm the subordi tiates of the Secretary, to wit : the officers connected with the General Land Office. Soon after the passage of said act, to wit November 21, 1850, a. circular was issued by this office, directed to the Surveyfl 5a. APiiNi)iX. ors General of the several States ; also sent to the Governors of those States in which public lands were situated (a eoi >y of which circular is herewith enclosed marked "A''), from winch it will be seen that two distinct s sterns were adopted by the 1)ejartrnent of electiiig land aiid establish- ing its swampy character thus giving the States the choice of adoltiiig the field notes of surveys as the basis of the lists, and by that means avoid the trouble and expense of examining the lands by agents of the State or in case the State autlioriti es were not willing to ado1 it that mode, tJi ey might fu r si e vi d dice w) i l si Id sati sfy tI e Sur- veyor (enerah, and oii review thicreof this office and the I )epartment, that the land was o the character eiiibraccd h,v the giant. ' )ne or the other of these systems was adopted by all the States in exi.tetice at the passage of the ct of September 28, 1850, and the selections were made in all except Michigan and Wisconsin, by agents in the field, and reported through the State officers to the Surveyor General, and if the evidence was satisthctory to that officer, lists were made out by him and returned to this office, and when approved by the Secretary of the Tnterior, copies were transmitted to the State Executive, fbllo\ved on request of the Governor by 11ate1t.. The Act of March 12, 1860, extending the benefits of this grant to Oregon and Minnesota, indicates that there would he something to do by the State authorities. If no action were needed by the State, why make the limitation of time within which selections should be iiiade two years from the adjournment of the Legislature at its next session after the date of the act ? or in a case of land afterwards to be surveyed, within two years from the adjournment of the next session after notice by the Secretary of the Interior to the Governor that the surveys had been completed? APPENDIX. On the 2lst May, 1860, tIns office addressed a letter to the Governor of Oregon (eoi )y iriclosed marked " B '), in which the privilege of accepting either manner of selectilig lands was olleied ; also, enclosing copy of the Act. of September 28, 1 80, and that of March 12, 1860. This letter Was acknowledged by the Uovernoi' February 22, 1861. (eoj v of acknowledgment i nelosed marked '' C and information given that lie had suhniitt.ed the letter of this office, with i ii a li su res. t tI ie Tegi slature, wi iiei i eoi I- vened on the second Monday of Sc1 tembei, 1860, but that the Legislature laid failed to determine which of the two be accei ted. iNO information has si nec pi0 ositi Oils sIli 1111(1 been received from the State authorities signifying that aiiy action had been taken in reference to the said rolo1tions. 'IRe attention ot this office has been called to the subject by the 'eliatols and lielresentatives in Congress from time to tune, as fallow Uv lIon. .1. R.. ,1cRiide, l)ec. 9, 16: by lion. (h IL Williams, Jan. 4. 181W: by lIon. J. S. Smith. i)ec, 1, 1W: I)V Iloti. G. II. \\ihljariis. Feb. 9, 1i1 and each was proiii1tiv answered that the state auth toii tie5 had been not.i fled, as stated (21 May. 18(IR) and had taken no action of which t.is office laid been advised. The (hivertior, in his letter of 9th nIt., seems to coilsidcr the letter from this office of May 21, 1 860, as merely preliminary t.o acti on by the Seereta iy of the 1nerior in his woik of rd a ii ig lists, &e., when in fliet it is apparent from the tenor of the letter that its oiject and design was to settle the preliminary question of the manner iii which the State chose to have her lands selected and thei swampy character determined. I' If the State had at once chosen as advised by the Corn- 36 APPNDIX missioner, to abide by the field notes, the lists would have L)een made at once by the Surveyor General, and copies sent to the Governor after approval, thllowed, on his re quest, by patents. If the State had chosen the other way of selecting, by her own agents, and presenting satisfctory evidence to the Surveyor General of the swampy character of the lands, the first work would have devolved on the State, and wheti its lists were presented to the Sur veyor General, the work of approval or rejection would have been performed by that officer, subject to revision by this office and the Secretary of the Interior. Although. as the Governor says, more than eleven years have elapsed since Oregon has been entitled to a segregation of her swamp lands, nothing has been done except to give the Stale authorities notice, and to ask them to choose in what way they will have the claim adjusted, and this office has waited until iiow, without having been informed that the State had made her selection. I return herewith the Governor's letter, and inclosure. together with wrapper, as requested. Very respectfully, Your obedient servant, 'WILLIS DRTJMMONJ), Commissioner. Formula of Instructions issued to the Surveyors General of the several States interested n the swamp land grant of 1850, in execution thereof, and in closed to the Governor of Oregon in the foregoing letter APPENDIX GENERAL LAND OFFICE, ) November 21, 1850. By the Act of Congress entitled "An Act to cia SILt able the State of Arkansas and other States to reclaim the swamp lands within their limits,'' approved September 8, 1850, it is dii'ected "that to enable the State of A.rkanstS to constrUct the UCcCS5iiIY levees and drains to reclaim the swai tip and overfl twed lands tlterei n, the whole of those swami and overflowed lands made thereby unfit thr cultivation winch shall remain unsold at the passage of this Act, shall be, auth the same are hereby granted to said State. 1st.. By the tuith section of this Act it is directed that tue provisions of it shall he extended t.o, and their benefits he conferred upon. each of the other States of the Union itt winch such swamp and overflowed lands may be situated. list. UI id )lats of the 2d. A id ' ti tat. iii lliilki ILg out lands atoresaid, all legal subdivisions, the greater part of which is 'wet and unfit fbr cultivation, shall be included in said lists and pInts ; but when the greater part of a sub. division is not. of that character, the whole of it shall he excluded therefrom.' This act clearly and ut eqin vocally giants to the several States tho5e laitc1 which, fi'oni being swampy or subject. to overflow, are unfit for cultivation, in this class is ineluded also all lands win cii, thought dry part of the year, are subject. to itundation at the planting, growing, or Iiar vesting season, so as to destroy the croj, and thereibre are unfit fbr cultivation, taking the average o the seasolls, for a reasonable number of years, as the rule of deternunation. You will itlease make out a list of all tile lands thus granted to the State, designating those which have been J. 38 APPENOIX. sold or otherwise disposed of since the passage of the law, and the price paid for them when purchased. The only reliable data in your possession from which these lists can he made out, are the notes of the surveys on file in your office; and if the authorities of the State are willing to adopt these as the basis of those lists, you will so regard them. If not, and those authorities furnish you 4atisfitctory cvi deuce Il at any lands are 0! the character embraced by the grant, von will so report them. The following general }rnlci les will govern you, in making up these lists, to wit Where the field notes are the basis, and the intersections of the lines of swamp or overflow with those ol the public surveys alone are given. those intersections may be connected by straight lines and all legal subdivisions, the greater pat of which are shown by these lines to he within the swamp or overflow, will be certified to the State the balance will remain the iro ertv of the Government. Where the State authorities may conclude to have the surveys made to determine the boundaries of the swamp or overflowed lands, those boundaries alone should be sur- veyed, taking connections with the nearest section or township corners or, Where the swaml or overflowed lands are on the bor- ders of a stream or lake, the stream or lake could be meandered and ordinates surveyed at suitable intervals, from the borders of the stream or lake to the margin of the swamp or overflowed lands, and by connecting the ends of those ordinates next to that margin by straight lines, the boundaries of tIie swamp or overflowed lands can be ascertained with sufficient accuracy. In no case, however, should any such boundaries or ordinates be marked in the field, as they may pvoduce difficulty in de- 39 APPENDIX. termitling the lines and corners of the public surveys hereafter, and thus lead to ]itigatioti. The selections in all these cases will be made as before directed. Vvliere satisfitetory evidence is produced that the. whole of a toiisIii . or of any 1trticiilui or speci hod 1art of a township, or the whole of a tract, of country bounded by specihed surveyed ( ft natural 1)( undari es, is o ti ie character em braced by t.l e grant, you \Vi II cci S ut it.. The. ndj a51) cent subdivisions, however, to he snlject to the regulations above gi veil; and in every case under each rule or principle herein prescribed, forty-acre lots or (jualterquarter sections vi II he regarded as the legal subdivisions conteml hated by the law. The affidavits ot tl e coinity su Ivevos and other respectable i cr50115 that they understand and have examined the hues, arid that the lands bounded by lines thus exaini ied and particularly designated in the affidavit. are of the character embraced by the law, should be sufficient. The line or boundary of the overflow, that renders the land unfit fbr regular cultivation, may be ado1 ted as thai which regulates the graut.. You wi I! i iia.ke o it lists I tI ase I ticable, accoidiiig to the fallowi ig i.ids as ea iiv as I raetociti, one copy of which von will ti'auustnit to tIi land office is and another to this office. The lands selected should he reserved from sale, and after those selections are approved by tie Secretary of the Interior, the iegister should enter all the lands so selected in his tract-hook as "granted to the State by act of 28th September, 1850, being swamp or overflowed lands,'' and on the plats enter on each tract. "State act of 28th September, 1850.'' Copies of the approved lists will be sent to the Registers for this purpose. 40 APPENDIX. Your early attention is requested iii this matter, that the grant may be disposed of as speedily as possible. Very respectfully, Your obedient servant, Commissioner. STATE OF OREGON, EXECUTIVE OFFICE, SALEM, Nov. 10, 1871. J lion. Wi1ls Drum mond, Comm isioner General Lam] Office, Washington Citj, D. a: On infi)rmation that instructions have been given SIR to the Register and Receiver of the Laud Office at Oregon City, requiring them to suspend all action affecting swamp and overflowed lands in what is known as Wappatoo Lake, in Washington county, and Lake LaBish, in Marion county, Oregon, until the Statq shall have opportunity of presenting its claims to the same, I herewith forward to you special lists evidencing the selection of said lakes claimed as the property of the State, by virtue of the Act of Congress of March 1, 1860; duplicate cupies of which have been forwarded to the Register at Oregon City. Very respectfully, Your obedient servant, L. F. GROVER, Governor. APPENDIX. 41 DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, WASHINGTON, D. C., December 15, 1871. His Excellency, The Governor of Oregon, Salem, Oregon: SIR: Your letter of the 10th ult., enclosing lists of lands purporting to have been selected as swamp lands in the counties of Marion and Washington, Oregon, lias been received, and in reply I have to say: That on the 21st day of May, 1860, this office addressed a letter to the Governor of Oregon enclosing a copy of the Act of September 28, 1850, granting the swamp lands to the several States, also a copy of the Act of March 12, 1860, extending the same with proviso to the States of Minnesota and Oregon. In said letter the State of Oregon was offered the choice of two systems, which this office, with the approval of the head of the Department, had adopted, of selecting land and establishing its swampy character, stating as follows, viz "Preliminary to the adjustment of the business with the several States, affected by the general grant, two proposi- tions were submitted designed to obtain a plan or basis which should be adhered to and be conclusive in the settlement of the great interests involved, as follows: 1st. Whether the States would be willing to abide by the field notes of surveys as designating the lands; or, 2d. Whether in the event of their non-acceptance of these notes as the basis, the States would furnish evidence that any lands are of the character embraced by the grant. The privilege of accepting one or the other of these propositions having been accorded to those States, the same is extended to Oregon. Having experience in the adjustment of the grant with 6a. 42 APPENIIX those States, it is respectfully suggested by this office that by the adoption of the first proposition the State will re- ceive all the lands to which she is justly entitled, as the field notes of the surveys are very lull in charactetizing or giving description to the soil ; and an important reason for doing so is, that she will incur no expense in selecting or designating the lands. It is hoped that the matter will receive your early attention. This is impertant to the State also, as by the second section of the act, the selections in townships where the surveys have been completed, are required to be made within two. y ears after the adjournment of the first Legislature convened after the passage of the act; and wliei'e the surveys ar et to be made or completed. within two years from the adjournment of the next session after notice to the State, that the surveys are completed and confirmed. This letter was acknowledged by the (4overnor of Ore- gon, under date of February 2, 1861, and information given that he had submitted the letter of this office, with the enclosures, to the Legislature, which convened on the second Monday of September, 1860, but that the Legisla- ture had failed to determine which of the two propositions submitted from this oIce should be accepted. io information has since been received from the State authorities signifying that any action had been taken in. reIereice to said proposition. If the matter was determined by the act f the Legislative Assembly of Oregon of October 26, 1870, no notice thereof has been transmitted to this office, nor has any copy of such act been, receie by the Genoral LandOrnce. If the State has elected which ofsaid propositions should be accepted, and has determined to select the ..lanth by 4 APPENDIX. her own agents, this office should have been notified of that. determination, and when the selections were made the lists should have been presented (with the evidence on which the State relied to show them to be swamp) to the 1.1. S. Surveyor General of Oregon, for examination and a.i.prova] and transmission to this office for final action. The time has elapsed in which selections could have becn made in townships which had been surveyed prior to i\i[arch 1.2, 18(30, and in townships surveyed since that time, of the completion and confirmation of which notice has been gi veil to the Governor, and a session of the Legislature, meeting after such notice, has adjourned and two years have elapsed since said adjournment. In other cases not thus barred, the State may select lands after choosing the system of selecting and determining their swampy character, at any time within two yeais from the adjournment of the next session of the Legislature, after notice as aforesaid, that the surveys are completed and confirmed. The lists of selections forwarded by you in Marion and Washington counties are herewith returned, to the end that in case the State authorities have determined to choose the plan of making their own selections and presenting evidence of their swampy character to t.he satisfaction of t.he Surveyor General, the lists may take the proper course and he forwarded to the Surveyor General' for action. Very respeetfin liv, Your obedient sevant, WILLIS 1)RUMMONI), Commissioner, 44 APPENDIX. STATE OP OREGON, EXECUTIVE Oppxcv, SALEM, November 12, 1871. Hon. fames K. Kelly, U. S. Senator, Washington, D. C.: SIR: I have the honor, herewith, to transmit for your information a copy of a communication lately forwarded from this office (November 9, 1871,) to the Secretary of the Interior, touching the right of this State to the swamp and overflowed lands therein, and asking Department action thereon. I also inclose a form of a resolution of Congress, which I take the liberty to suggest as proper to be proposed in order to facilitate final action of the land Department in the segregation of the swamp and overflowed lands. You will observe that the resolution places no one in fault for the evident negligence which occurred in the failure to select these lands on behalf of the State within the two years' limit after the act of 12th March, 1860, as to all lands then surveyed. But, by reference to my communication to the Department of the Interior, you will perceive that the fault was with that Department, which can be established by reading the act of Congress recited, to any committee to whom the subject may be referred. I have caused copies of the inclosures to be forwarded to Senator Corbett and Representative Slater. Most respectfully, Your obedient servant, L. F. GROVER, Governor of Oregon. APPENDIX. 45 [Inclosure.] RESOLUTION Extending the time for the selection of swamp and overflowed lands in Oregon, under the act of Congress approved March twelfth, eighteen hundred and sixty. WHEREAS, By act of Congress entitled "An act to extend the provisions of 'an act to enable the State of Arkansas and other States to reclaim the swamp lands within their limits' to Minnesota and Oregon, and for other purposes," approved March twelfth, eighteen hundred and sixty, it was provided "that the selection to be made from lands already surveyed in each of the States, including Minnesota and Oregon, under authority of' the act afore. said, and of the act to aid the State of Louisiana in draining the swamp lands therein, approved March second, eighteen hundred and forty-nine, shall be made within two years from the ad,journment of the Legislature of each State at its next session after the date of this act;" and, Said period of two years elapsed without any selection of said lands being made on the part of the State of Oregon; therefore, WHEREAS, Be it resolved by the Senate and House of Rep ... entatives of the United State. of America in (]on,qress assembled, That the said State of Oregon be allowed two years from the date of the passage of this resolution in which to make selections of swamp and overflowed lands within her borders, in the same manner and with like effect as if said period of two years had not expired: Provided, That this resolution shall not be so construed as to affect any valid settlement on, or legal claim to, any of said 46 APPENDIX. lands, existing under ny act ot Congress at the passage of this resolution. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, WASHINGTON, 1. C., Dec. 19, 1871. lion. L. F. Grover, Governor of Oregon, Salem, Oregon: SIR: I, have the honor to transmit herewith certified copy of List No. 1 of lands selected in the La Gi'ande 1)istrict, etrbracing 58,423.14 acres, and approved to the State of Oregqn, as lands enuring under the Act of February 25, 1867, to ad in constructing the "Dalles Military Wagon Rod.".. Please acknowledge its receipt. Very Respectfully, WILLIS DRUMMOND, Commissioner. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, WASHINGTON, 1). 0., Dec. 20, 1871. Hon. L. F. Grover, Governor of Oregon, Salem, Oregon: have the honor to transmit herewith certified of List No. 2 of selections in the Oregon City Dis- SIR: eopy I 47 APPENDIX. trict, embracing 20,878.88 acres, approved to the State of Oregon. as ]ands enuriug under the Act of July 4, 1866, to aid iii constructing the "orvallis and Acquina Bay Wagon Road.'' Please acknowledge its receipt. Very Respectfully. WILLIS DR[JMMOND, Commissioner. STATE OF OREGoN, EXECUTIVE OFFICE, SALEiu, January 3, 1872. j To the CmFnis?.oner of the Genera! Lan"! Oflie, Was/in9toi 13. C.: Sia Referring to the letter of Commissioner Joseph S. Wilson to the Governor of Oregon, beai'iiig date N1ay 2, 1860, iving notice of the passage of th Act of COn- gress of March 12, 1860, extending the provisions of the swami land grant to Oregon, and asking, 1st. Whether the State would be willing to abide by the field notes of the surveys as designatiir the lands; or. 2d, \Vhetliej' iii the event of its iioii-aece1tuice of these notes as the basis, the State would fnrnih evidence that ai.iy lands were of the character embraced by the grant. I am enabled, in accordance with the provisions of the Act of the Legislative Assembly of ()i'egoii of October 26, 1870, entitled "An Act providing for the selectioi atid sale of the swamp and overflowed lands belonging to flue State of Oregon," (Laws of Oregon, 1870, page 54, a copy 48 APPENDIX. of which I have had the honor heretofore to transmit to your office,) to state that the State of Oregon has elected to make selections of swamp and overflowed lands within her borders, by agents appointed by the State authorities, and to furnish evidence that all lands claimed by her are of the character embraced by the grant referred to. It would be gratifying to the authorities of this State if instructions would be issued by your office to the Surveyor General of Oregon, authorizing him to fhrnisb them with due facilities in assisting to make a proper segregation of these lands. I take this occasion to renew the solicitation embraced in my letter of November 9th last, addressd to the Secretary of the Interior, and by him referred for report to your of fice, that you cause instructions to be issued to the several land offices in Oregon, requiring of them to take no action which will involve adverse possession of any of the swamp and overflowed lands while the process of segregation is proceeding. I press this point in view of the fact that homestead settlements, within the lines of meandered swamps, have been entertained by these land oces to the embarrassment of the title of the State. Very respectfully, Your obedient servant, L. F. GROVER, Governor of Oregon. GENERAL LAND OEF10E, WASHINOTON, D. C., January 9th, 1872. His Excellency, The Governor of Oregon, Salem, Oregon: 49 &1PENPIX. 1 1 tave the Ii 01101 t( t In Li1 iiit I ierewi ti a (1 uti ii e(1 transci'i t of ci ear h 4 o. 1 f sc ool indemnity se Ic di on made by the State of ()re.ou in the dHtl'ict of ]aitds sul,- ect to sale at ( )regoll (it. iii lalisllance of' the Act of' Conress, all ri iveil January 7, 1 8 :1. Said list embraces tract of an agl'egate area of 41,280.72 acres, and was a1pi'oved Lv the lloii. c('retarv of tie Tntei'ior December 21st nit. A tranc1i1 of the above Ii 4 Las this day been transmitte(l to the Hei4er tiu1 Receiver at ( )leol1 City, who are nlso iisti'iicted to ad-ise the Board of Commissioners of' (oi)mo i Seli o of thie all ioval of the list. Be licaseil to ackiiow1edi'e the receipt of the list. I am, Sir, \'cr\ resIectf'ti liv, I \our 1 eli Cl it c rvant, \VILLI:' DRFMMUXP, ( oiijnissjoner, (ENE1cL LA:D UF11cE, \VASnINGT0X, 1). C., February 7, 1872. I]-;' ;'. U, ('1/, i'h Go'i rnoi' of Oi [/00, in, I have the honor to transmit herewith a certified tran.cript of List No. 1 of' selections by the State of Oregon in the Oregon City land Iisti'ic't, in pursuance of the SIR: Act of Congress approved September 27, 1850, and the 4th sections of the Acts of July 12. 1854, and February 14. 7G. APPE\DIX. 1859, for the benefit of a State University. Said list embraces tracts of an aggregate area of 38,488.94 acres, and was approved by the lion. Secretary of the Tnteriov the 2d instant. Also certified transcript of List No. 1 of selections by the State of Oregon in the liosebuig land district, in pursuance of the Act of Congress approved September 27, 1850, ard the 4th sections of the Acts of July 12, 1854, and February 14, 1859, for the benefit of a State University. Said list enibraces tracts of an aggregate area of 6,044.69 acres, aild was approved the 2c1 inst. Be p eased to acknowledge the receipt of the lists. II nfl. sir, \erv respectfully. Your obedient servant, WILLIS 1)RUMMONI), Commissioner. GENERAL LAND OFFIcE, \\TASIIINGTOX D. C., February 10, 1872. j I1i. E.r'11encj, 7/e (o i' (0 (f Oceou So ( m, Oieqoi I have the honor to transmit, herewith, a certified transcript of Iit No. 2 of school indemnity selections by the State of Oregonin the Oregon City land district under the provisions of the act of Congress approved January 7, 1853. Said list embraces tracts of an aggreSIa: APPENDIX. tsaj1roved the 9th gate area of 40,389.29 acres, and nstant. I ala, Sir, Very respectfühy, Your obedient servant, WILLIS DRTJMMONI), Coniinissioiter GENEIAL LcI) OFFICE, \VASIIrNG1Ox, I). C., Fehiiiaiv 23, 1872. j lic Exceileu:1, The Gm,ernop oJ Oregon, &tlr,u, OieIjofi SIll: 1 have the honor to transmit, herewith, a certi- fied tI'al1sCI'i1t of list o. I of eLool i]Idefllflitv selectiOns b the State of Oregon, in the district, of lands su1iject to sale at IIoschurg, Oregon. Said list embraces tracts of an aggregate area of 26,107.55 acres, and was approved the 15th inst. Be pleased to acknowledge the receipt. of the list. T ani, Sir, Very respecthi]ly, Your obedient servant, \\rILLIS DII UMMOND, Commissioner. APPENDIX. ExiTTrvE OFFIcE, SALEM, OREGON, February 23, 1872. Ni(a. .1. I)uq, R.q., (hin,i i?i'/ OJ J((1Oi, Cuf. Vour letter of lGtl1 iflstant, relating to the (11.1-' tion of the assesnient of the lands in .Jaekson county be-IR longing to the Oregon Central Military \Vagon Road tins day reed ved. Tn answer. I have to say that. the Executive approval of the construction of the entire Ii lie of the w-ag u road refirred to ocen rre(1 duriiig the admiiiistration of (overtlor \\oods. as I am imformed, but there is no Executive record of the fhet in this office Compaiiv, nor is there any map of the survey of the road on file here, as required by law. I cannot, ti terefbre. give you the descri jtion of that part of the road lying witlnn Jacksoil county. [The nial referred to has since been found.] On inquiry made of The last year by the lieriff of Lane county, asking whether these lands lying iii Lane is county were suIject to taxation, I addressed a con.mniunication t.o the Secretary of the Intenor, to get. his opinion as to the time when the lands vested in the State, and consequently by our statute iii the Road Company. r1he Secretary's answer was to the effect. that when the lands were approeeil at the General Land Office, on proof of compliance with the conditions of the grant by Congress, the lands became fully vested in all cases where the act itself did not. require the issuance of a. pa/cal. In the case of this road no patent is required by the act of Coiigress granting the lands; the approvals at \Vashington. therefore, constitute final title. All the lands claimed by the Oregon Central Military Road Company have been finally approved, and are iiow 53 APPENDIX. ve4ed in the ('oripanv. They are therefore as liable to taxation as ally other 1)ro1}eIt.y in the State. \\lii Ic I aiii iiiiable, from any records in tile Executive Office, to give you the amount of lands ielongin to this Waotu lOO(T ('oIuI}alIv lviu within .Jaeksoui county. I jieulme the stiitenueuit. of the l{osebiurg Land Office would he (( o,e t. a ti at office I las means ol accurate and full intoiuililtiOul oh the subject. flo\vever. as it is claimed by the Coni1aiiv that they do not owl i the amount of land rej orted by tue Land Office, it \vonl(I he j ro er lol the auti antics of Jackson eouuitv to tie best. of til cur iniria ke ti e assessment accorii u)ruIlatioul. and oTheiativ ootifv the load Company of the results: \Vllen tite ('oitu any Italy plead gloss assessment 11i2 and make a sic wing of the tim artiomiiit liable to taxation it dcv choose. Very respectfully. Your obedient. servant. L. la'. (R()\ER (-EN11uu, LAND ()FrICF. WASmuNG'rON, 1). C.. February 2;, Th7. J1.' E.,re ?Ieit.cj, 'I 'I C i (10W' UI Oi ((/0 h.. .((lcU,, Oieca I have the honor to tratisniit., herewith, a ceitihed transcript of list Xo. U of selections Lv the State o oregon. in the Oregon City Land District, under the proSmut: 54 APPENDIX. visions of the eighth section of the act of Congress approved September 4, 184t Said list embraces tracts of an aggregate area of 9,56E.49 acres, and was approved the 21st instant. I am, Sir, Very Respectfully, Your obedient servant, WILLIS DRUMMOND, Commissioneer. (ENERAL LAND OFFICE, WASHINGTON, D. C., March 9th, 1872. His Excellency, The .Goeernor of Oron, Salem, Oregon: Snt: I have the honor to transmit herewith, a certified transcript of list No. 2, of selections by the State of Oregon, in the Roseburg Laud District, under the provisions of the 8th section of the act of Congress of Sept. 4, 1841. Said list embraces tracts of 15,646.35 acres, and was approved the 28th ulto. Very respectfully, Your obedient servant, WILLIS DRTJMMOND, Commissioner. 55 APPE' )1X. (-ENEBAL lxi) OFI'icE, WASIIINTON, 1). C., May 1. 1812. j II(ifl. 1. P. 'i f )ieJu/, (S ItII, I ( /1)/I. 5i: I [(Ikwitll have ilie Iioiior to tiansmit. certified copy of list No. 2, f selections iii tlie Oregon City District, ( )regoii. e biauin' in the aggregat.c 68,487.09 acres, as lands ig t( tie state utnier the net of February 1 1 fliflI 25th, i8i, "to aid in coristiuetiig the 1)alles Military Wagon 1ouT ut 1)iTle Cits' to Fort Uoise on Snake River; also. V H aj,1oved list No. 2, of selections, iii ('ettitied tie ()Ieguu (it.v District, ()egoi, enil)iacin in tie aggre- acrs, is lands inuring to the State, under the acts of .1 ulv 5. 1 866, and .1 uly iS, 1870, "to aid in coustrictig tie \Villanwtte \'allev and Cascade Moungate 31.12T. tarn Mihitar \V agoi Road.' llease ;ielc i Ow ledge tbci receipt. Very I espeetfuily. WiLL [8 I) R ('.1JOND. Coninussi ale r. FA'I E or ( )a i(iO\, EXEUTIVE ()11I'1;. 8ALEM. /101, . TI (II . June 21, 1872. 1)1. ( I/I (J( ((111/. 'sI)I(t/ G,i,c,u( LI//Ill 0//Ill, (uld niost resjeet.hl ll\ call you att.entioi i to list o. 49. at selectiours nuder the grant of 8e1t. 4, 1841. approved by the iosehurg Land Office, lehrivarv 20, 1867, I \V 54 APPENDIX. and request that you certi- the same to the Secretary of the Interior for approval, or so much thereof as is free from conflict. Parties have been living on the lands embraced in list Ko, 49, under claim from the State for years, and are anxious for titles from the State. I would request that you certify for approval the selections in section 25, T. 1( S., R.. 3 W., of same grant. embraced in lists Nos. 44 and 51 of the Roseburg Districta part of each list having been approved by your office February 28, 1872. The selections of lands Iluapproved in this section were suspended on account of some old filing of Mr. Mureli, 1111(1ev the 1re-emption laws of the United States. Mr. Murch informs me that several weeks ago lie forwarded a relinquishment of the old filing to the Roseburg office, with request that it be forwarded to the General Laud Office, so that the lands in section 25 could be approved to the State. I will take the liberty to again call your attention to a letter addressed to you from this office on the 20th of last April, requesting the approval of the hands selected under the grant of September 4, 1841, in townships 39 south, ranges 8, 9 and 10 east. The settlers of this section of our State are greatly embarrassed by the non-approval of these selections, and I take the privilege of calling your special attention to them as a matter of great convenience to the State and these settlers.' Very respectfully, Your obedient servant, L. F. GROVER, Governor. \PPE)1X. 57 irvri: or OnEooN, LX EU IT i yE ( )1'FICE, A LEM, ugust 2nd, 1872. (,hm,o.,').o,t(i ol' //ie (v.et'O/ LmI (R!ficc: I1t I beg leave to call our attention to the subject of eXtefl(ljI1i. the jtiblie surveys of the Elnited States to the sea shore )FIIII tig the western bouiidarv of Oregon. The tatc claims title by virtue of her sovereignty, or the nglit. of clilulent (lOflhiLlll, to all htnd 111)011 her sea coast. /7o border, lying between tile ebb and flow of the tide. This hei i Ig ii right lecogIll zed 111 il1 the states bordering 111011 rite sea since the beginning of the Government, it would all ear 10Cr tit he observed UI case of' this State. I thi eiethi C i.t. resj ectfii ilv reijuest that instructions be iveII to the uvvevor (,cueral of Oregon to limit, all jublie suivcvs closiri 111011 tide waters, to the line of' high tide. Coittiarv to this rule, the practice ol De1utv United Statcs lIIveyoIs iii Oregon has been to extend their sw'fl1 vevs uj on ti i e salt marsh los: in oh ti ici i work has been from time to fulie ap1roved without. refei'ence to the rights of this state, v I lieu, if colifi iiued, vill involve this c1as of lands in iitiga.tioti. hoping that, this suijcct niay meet. with early and favorable eollsideritt.iolI by your I )e1altIUeIlt. I ii..it'. i'i r, \'iost. rest ectfullv, oui ohedieiit servant, L. 1". GROVER, Governor of Oregon. So. 58 APPEXDTX. \fISCELL ANFX)US CORRESI'ONDENCE. OF STATh, D. C., 2d September, 1871. WAs1IrNGTo, 'l'o jj;, Rxelleiu'I, 'I'/e ucrinoj' of t/c SfaY of Oregon, Salem: I I iave ti te h Hior to enclose a copy of tile Treats ST u : concluded on tile 8th da of May last, between the United States and Great Britain. Provision is made by Articles ;4 to 4 for submitting to the determination and award ol the Emperor of Germany. the water boundary in dispute between the two Governments. The case on the part of tile United States is to be filed in Berlin within six months from the date of the exchange of the ratifications of the Treaty, which event took place on the 17th of June last. I shall be happy to receive from your Excellency any suggestions which you may he pleased to make on the subject of this case, and to forward theni for the consideration of Mr. Bancroft, who is charged with the preparation and presentation of tile case on the pai of this (Joyerument. I have the honor to be, Your Excellency's very obedient servant, hAMILTON FISH APPENDIX. 59 STATE OF OREGoN, ' ExEcU1vE OFFICE, SALEM, September 15, 187 I. J 110,), 1 Ic lo el/K) a I" h, to rj 0,)' /(t /c, 1 (1.I IW//Ol), 11). C,: Your communication of Sept 2, 1871, officially iiotif\ing me of the conclusion on the 8th day of May Inst Sill: et' the Treaty between the [tiit.ed States and Great. Britain, wliei'cin proviOn i made by Articles 34 and 4 for stihirutting to the determination and award of the Eiiiot ( erinalIv, the water boundary iii dispute between rIle two (-overiimeiits, i this day received, and a copy Of the Treaty mentioned in your communication as eiielosed therewith was not received. [ would, therefore, thank you to forward me a copy at once, and I will, with pleasure. forward such ig'gestiouusas I am able t.o make on the suh]ect of the case, as our people feel a deep intereut in flue issue of the reference. Very respectfully, \our obedient servant, L. F. GROVER, Governor of Oregon. .DEPATITMENT OF STATE, WASIIINGTON, April 15, 1871. To His Excelluacy, L. F. Groccr, Governor of I/c Slate of Oregon: SIR: I have the honor to inclose a copy of an act of 60 APPENDiX. Congress, approved March 3, 1871, providing br the cornmernoration at Philadelphia, in the year 1876, of the Cen- tennial Anniversary of the Independence of the United States, by the holding of a, International Exlii hition of Art and Iiidtistrv iii that city. Your Excellency's attention is invited to the provisiolls of the act relating to the appoilltnie1it and duties of Cornmissioners to rela'eseilt the respective States and lerritories, and you are invited (should von see fit, to do so) to nominate suitable persons, in eonfornuty with sections 3 and 4 tliereof for apiointment by the President as Conimissioners for the. State of Oregon. Congress having i rovided that tlio proposed cxlii bition shall be national in its character, it is the earnest, desire of the President that it Should be in every respect worthy of the nation and of the memorable event which it is intended to celebrate. The appointments will be made of the Commissioners whom you may be pleased to tiom iate, as soon as your pleasure shall be made known. 1 have the lionoi' to be, Your Excellency's obedient servant. HAMILTON FISH. STATE OF OaEooN, EXECUTIVE OFFICE. SALEM, Oct. 17, 1871. j Hon. Hamilton Fish, Secretary of State, Washington, D. a: SIR: In response to your communication of April 15, i31 APPENDIX. 1871, and lursualit to the Act of Congress approved 1\lareh 3, 1871, providing for the comineiloratioll at Philadel1dua. in the year 1876, of the Centennial Anniversary of the Indepenee of the United States, by thie holding of an Inter'national exhibition of Art ami Industry in that city, I have the honor hei'e.witl t nonii nate 1)1 n Oil itment. by the President ol the United States. J. \V. Virtue of Baker City, Oregon, and A. .J. 1)ufllr of Poitlalid, Oregon, as Commissioners for said exhibition from the State of Oregon. 1 have the honor, Sir, to be Your most obedient servant, L. F. UROV ElI. Governor of Oregon. DEPARTMENT OF STATE. WAsrIINuTor, 31st October. 1871. I To his' RxceIlcne?/, L. F. Grocer, Gocernor of the State ot Oie qoj SC1e10,: OUF letter Siit ; Pursuant to the noininations mache of the 17th inst., of Commissioners to attend tile Ceiitennial Anniversary of American independence, t.o be held in III the city of Philadelphia ill 1876, 1 enclose here\vitII the commissions for the gentlemen therein named, and will thank you to cause theni to be forwarded to their address. I am, Sir, Your obedient servant, hAMILTON FISH. 62 APPENDIX. STATE OF OREGON, EXECUTIVE OFFICE, SALEM, Oct. 16, 1871. Win. Lane Brooker, Esq'r., consul IL B. M for Slates of calafornia and Ore qon an(Ifor Waslcm,lon 7'errtorq: Sia: I have the honor to acknow]edge the receipt of your letter of 16th Aug. last (1871) informing me of the appointment of James Gray Flowerdew, Esq., as British Vice Consul at Portland, Oregon. The extension of your Consulate to Oregon is a gratiiiig commercial incident and the recognition of your appoilitmelit of Vice Consul at Portland is hereby assured. I have the honor to be, very respectfully, Your obedient servant, L. F. GROVER, Governor of Oregon. WAR DEPARTMENT, WASHINGTON, I). C., January 10, 187g. To His Excellency, The Governor of Oregon, Salem, Oregon: SIR: By reference to House Mis., 1854, doe. No. 47, 35th Congress, 2d Session, it is found that on the 30th December C. S. Drew who was Quartermaster General of Oregon then, forwarded to the Governor of the Territory the accounts (such as muster rolls, abstracts and vouchers) APPENDIX. pertaining to expenses incurred in connection with Captain .Iesse \Valker company, raised in August 1854, to SUI ,ress Indian hostilities in Oregon. It does not appear that the said accounts have ever reached \Vasltington, and now, in order to facilitate the proper settlement of claims outstanding under the law of .Januarv. 1811. reference to whatever can he found as retaitied litlers is positively necessary. I have, therefore. to respectfully request that the said original accounts or correct copies thereof, may he furnished to this departmetit at your earliest convenience, and if the request can he coin1lied with, tint wileil they are sent, they may be ccaupanied with your official certificate, under seal of the State, to lro\ their il.lelltity. in either case, as origiia Is ui true coi i es tile reot. \eiv respectfu]iy. Your obedient servant, W\l. W. BELKNAP, Secretary of War. S1A'1E or ()nra;oc. ExEcu'rIvi; SALEM, 11i. 11th OFFICE, Jan'y 29, 1872. J W. I/IIuJp. CctClJ f %u,: Sin: Your communication of the 10th inst. relative to the muster rolls of Captain Jesse Walker's company of volunteers in Oregon of 1854, is received, and in answer to request that said original papers or authenticated copies be transmitted to your office, I have to say that after diligent APPENDIX. search, it appears that such rolls and papers are not on file in the archives of the State. In the winter of 1854-5 the State house of Oregon Territory was totally destroyed by fire, together with the library and all public books and papers in it. The rolls and papers referred to were probably then destroyed; but, I believe Col. C. S. Drew, now in Washington, has retained copies or duplicates. Very truly, Your obedient servant, L. F. GROVER, Governor of Oregon. STATE OF OREGON, EXECUTIVE OFFICE, SALEM, February 20, 1872. Major General E. I?. N. Canh1', Goinm andnq Daparinen1 (]olamina: Sia: I have the honor to enclose herewith a petition from the citizens of the Link river country in Jackson county, Oregon, referring to the disturbed condition of the Indians in that region, and asking my influence to assist them in procuring relief from threatened Indian hostilities. It appears to me that there is ground of serious diu1ty with the Indians in that quarter, and I confidently trust you will be impressed with a like view of the matter. The Superintendent of Indian affairs at this place agrees with me that something should be done to arrest the pres- ent tendency to disturbance and to let the Indians feel that a restraining hand is over them. I therefore respect fhlly solicit your attention to be given to the subject of APPENDIX. 65 this petition, which is composed, to my knowledge, of the names of respectable citizens. I am, Sir, most respectfully, Your obedient servant, L. F. GROVER, Governor of Oregon. HEADQUARTERS DEPARTMENT OF THE CoLuMBIA, PORTLAND, OREGON, February 21, 1872. Th JIo Excellency, The (Jorernor of Oregon, Salem, Oregon: I have the honor to acknowledge the receipt of your communication of yesterday, enclosing a petition from citizens of Jackson county for protection against the Modoc Indians, and to state for your information that on the 16th instant instructions were sent to the Commanding Officer, District of the Lakes, to establish a sufficient cavalry force in that neighborhood to give protection to the settlers. Instructions had previously been sent (FebSIR: ruary 6, 1872), to the commanding officer at Fort Klamath to take all necessary measures for the protection of the settlers in Jackson county. It is believed that the presence of the troops will be sufficient to restore confidence and restrain the evil disposed among the Indians until arrangements can be made for carrying out the determination of the Indian Department in relation to them. Until the questions that have 9G. APPENDIX. been submitted by the Superintendent to the Commissioner of Indian Affairs have been decided, it is obviously our duty, while giving protection to the settlers, to prevent a war if possible. If that cannot be done, all the fbrce that may be needed for its suppression and for the protect1oi of its inhabitants will be applied, and the Commander of the District has been so instructed. Very respectfully, Your obedient servant, E. R. S. CANBY, Brigadier General Commanding. STATE OF OREGON, EXECUTIVE OrFICE, SALEM, June 29, 1872. To all o whom i may concern: Satisfactory evidence having been exhibited to me that Henry Hewett has beeti appointed Vice Consul of Sweden and Norway, at Portland, Oregon, I do hereby recognize him as such, and approve the Exequatur to him issued by the President of the United States, as authorized to do and perform the functions and duties therein mentioned within the State of Oregon. In testimony whereof I have hereunto set my 5 S. S. '-.--- hand and caused the seal of the State to be aflixed, at the city of Salem, this the day and year above written. L. F. GROVER. By the Governor, S. F. CHADWICK, Secretary of State. 67 APPENDIX. STATE OF OREGON, EXECUTIVE OFFICE, SALEM, July 30, 1872. F. Q. cacanueea, GonNal (neral of Chili, San Francisco: Sin: I have the honor to acknowledge the receipt of your communication, dated March 19, 1872, (duplicate), infoiming me of your appointment as Consul General of Chili for the State of Oregon, and that the same has been recognized by His Excellency, the President of the United In recognizing your appointment and official functions in said office for this State, I join with you in trusting that our official intercourse vil] be at once beneficial to the State which you represent a.nd to the State of States. Oregon. I am, Sir, Most respectfully, Your obedient servant, L.s. L. F. GROVER, Attest: Governor. S. F. CHADWICK, Secretary of State. STATE OP OREGON, EXECUTIVE OFFICE, SALEM. August 15th, 1872. To all to whom it may concern: Satisfactory evidence having been exhibited to me, that Antoine Labbe has been appointed Consular Agent 68 APPENDIX. of France at Portland, Oregon, I do hereby recognize him as such, and approve the Exequatur to him issued by the President of the United States, as authorized to do and perform the functions and duties therein mentioned within and for the State of Oregon. - In testimony whereof' I have hereunto set my Jhand s.s. and caused the seal-, of the State to be . affixed, at the city of balem, this the day and year above written. L. F. GROVER. By the Governor, ,( S. F. CHADWICK, Secretary of State. HER BRITANIc MAJESTY'S CONSULATE, SAN FRANcISco, 16th August, 1871. J Sia: I have the honour to inform your Excellency that in compliance with instructions from the Principal Secretary of State for Foreign Affairs, I have appointed James Gray Flowerdew, Esquire, British Vice Consul at Portland, and I have to request you to be good enough to recognize him in that position. I have the honour to be, Sir, Your Excellency's most ob't, humble serv't, WM. LANE BOOKER, Consul for the States of California and Oregon and Washington Territory. His Exce11eny L. F. Grover, Governor of the State of Oregon. 69 APPENDIX. BRITIsH VICE CONSULATE, Portland, 0., October 13, 1871. J Sir: I have the honor to hand you enclosed, my appointment as British Vice Consul at this port, under date 16th August last, from Wm. Lane Booker, Esqr., H. B. M.' s Consulate, San Francisco. Absence from the city has prevented me forwarding this document to you at an earlier date ; and I had, besides, delayed sending it on in hopes of being able to do myself the honor of personally presenting it to your Excellency. I have the honor to be, sir, Your Excellency's most obedient, Humble servant, J. G. FLOWER1)EW, British Vice Consul. His Excellency, L. F. Grover, Governor of the State of Oregon. PORTLAND, June 22d, 1872. Sir: I have now the honor to hand you, enclosed, my appointment as Vice Consul for Sweden and Norway, to- gether with the Exequatur from the President of the United States. Waiting your approval of the same, I have the honor to be Your most obedient servant, HENRY HEWETT, Vice Consul for Sweden and Norway. To His Excellency, Lafayette F. Grover, Governor of the State of Oregon. APrENDIX. 71) SAN FRANCISCO, CAL., March 19th, 1872. I have the honor of infbrming you that, by Exequatur, dated January 29th, 1872, my appointment as Consul General of Chile for the States of California, Ne.i,: vada and Oregon, has been recognized by His Excellency, the President of the United States, and that I have entered upon the discharge of my official duties, on the 9th inst. I trust that our official intercourse will be mutually advantageous to our respective countries. I have the honor to be, sir, Your most obedient servant, F. Q. C )SANEJEVA, Consul General of Chili. To His Excellency, L. F. Grover, Governor, Salem, Oregon. PORTLAND, CoN., August 14, 1872. To Hs Exeellency the Governor of Ore qon: Sir: I beg leave to inform you that I have, on the 28th May, 1872, been named by the President of the Republic of France, Consular Agent of France at Portland, Oregon; and having since, under date of June 8th, 1872, received my Exequatur from His Excellency the President of the United States, I should feel flattered by your approval. Very respectfully yours, ANTONIE LABBE, Consular Ag't of France. 71 APPENDIX. BRITISH CONSULATE, SAN FRANcISCo, 2th August, 1872. j Sir: I have the honour to inform Your Excellency that I have been requested by Earl Granville, Principal Secretar of the State thy Foreign Aifirs, to appoint a British Vice Consul at Portland and to report the name for His Lordship's approval; in accordance with which I have placed Mr. John Wilson in charge of the Vice Consulate as Acting Vice Consul until I receive Lord Granville's approval of the Provisional appointment; on its receipt I shall apply to th President for an Exequatur, in formal recognition of Mr. Wilson as Vice Consul. I have the honour to be, sir, Your Excellency's most oljdt, humble serv't, WM. LANE BOOKER, Consul for California, Oregon and Washington Territoi-y. His Excellency, L. F. Gi-over, &c., Governor of the State of Oregon. /) Hi.' Excei1ene, Lafcoje/(e Grorer, Go',oi of Ihe S'fat of Oie,qoi,. SalelD Sia: 1 have the honor to wait upon you with letter from Her Britannic Majesty's Consul at San Francisco, California, appointing me as Acting Vice Consul here until the approval of Earl Granville at the Foreign Office, of the nomination, is received. When the papers come to hand, together with the Exequatur from the President of the United States, ratifying the appointment, 1 shall again APPENDIX. 72 have the honor of addressing you. Meantime, believe me, sir, Your most obedient and humble servant, JOHN WILSON. [SEAL.] 2d September, 1872. SThTE OF OREGON, EXECUTIVE OFFICE, SALEM, September 5, 1872. Wrn. Lane Booker, Esq., consul H. B. M.for States of California and Oregon, and for Washington Thrritory I have the honor to acknowledge the receipt of your letter of August 26, 1872, informing me of the appointment of John Wilson. Esq., in charge of the Vice Consulate, as Acting Vice Consul at Portland, Oregon, until further advices from H. B. M. Foreign Office. It gives me pleasure to acknowledge the continuance of the SIR: Vice Consular appointment a.t Portland. I have the honor to be, sir, Yonj' most obedient servant, L. F. GROVER, Governor. TATE OF OREaON, EXECUTIVE OFFICE, SALEM, OREGON, Sept. 5, 1872. f John Wilson, Esq., A cling Vice consul H. B. M. Portland: SIR: I have the honor to acknowledge the receipt of 73 APPENDIX. your letter bearing (late of September 2, 1872, informing me of your ai 1ointment as Acting Vice Consul 11. B. M. at Portland. On the confirmation of vonr appointment by Earl (raiiville, at the Foreign Office, and on tralismission of the ialers and Exequatuir, T will take pleasure in recogilizing you! official relations. In the meantime, I reniai ii most respectfully, Vour ohecheuit servant, L. F. (ROVER, Governor. FIVE PER. CENT FUND. Srxr a a' ( ) a Fx u: Ii IV a ( ; Stui, Juuie 22d. 1811 7b a fI,i, ( ')/?'I1( Dab no, Seeretar,, of the Interior: Sin : By the Act of Congress, entitled "An Act for the admission of Oregon into the Union,'' approved Febmary 14, 1859, in the fifth sub-division of section 4, it. is provided "that five percentuni of net proceeds of sales of all public lands lying witlini said State which shall be sold by Congress after the admission of said State into the Union, after deducting all expenses incident to the same, shall be paid to said State for the purpose of making pub- lie roads and internal improvements as the Legislature shall direct.'' At the last session of the Legislature of this State, by lOo. APPENDS A. an Act entitled "Au Act to appropriate funds for the eoiisti'uctioii of a steamboat caial at the \Villamette Falls,'' approved October 21, 1870, (page 14, Laws of Oregon. 1870, which I have the honor to transmit herewith) this five i ercentura ilind is directed to be used in the construction of a canal nd locks for slack-water navi- gation over the Falls of the \Villarnette river at Oregon 'ity. This important work i now under contract and in course of completion, according to the terms of the legislative enactment referred to. Tn examining the conditio of the fui ids t he (irawil nj ion for flue i urosecuti oii of lie u dertaking, I finch notl iii in the records of this office, either of correspondence to niv predecessors, or of any Do] artirient of the United States, I touching the su1ect of the five lercentuin fund due the State of Uregon, from the proceeds of the sales of public lands within her borders. I 11esume, therefore, that although mole than twelve years nave elapsed since this fund began to accrue, no accounting has been had in the premises between the United States and this State. May I take the liberty of soliciting your attention to this subject, and of asking that you place the matter in Thanking you for your prompt due course of adjustment attention to my former comm uu uicati ons, I remain, yours, most respectfully, L. F. GROVER, Governor of Oregon. GENERAL LAND OFFICE, WASHINGTON, I). C., June 27, 1871. H.s Excellency, The Governor SIR: of Oregon I have the honor to state that an account has 75 APPENDIX. been adustecl between the hinted States and Oregon. under Act of 14th February. 1859, fi)r the five iei' cent. accruing to the latter upon the net proceeds of the sales from 1st of January, 1868, to 31st 1)ecember. 1870, of the public lands within her limits. The said account has been on this date reported to the First Comptroller of the Treasu rv ibr final action thereon. I am, Sir, Very respectfully, &c.. WILLIS l)RUMMONI), Commissioner. I )EP ARTMENI STill: I 'rrni R. W\5111x:1ON. 1). stl Sir .1 i s I. I have received your letter of the 22d uThmo, in relation to what is known as the five re cent, claim of the State o' Oregon, and iii reply have the honor to state that, having caused inquiry to be made, I am informed that said account was ajusted on the 27th ultimo by the Commissioner of the General Land Office, who addressed you on the subject on the same day. I am, Sir, Very respectfully, Your oliedient servant, B. II.. COWEN, Acting Secretary. His Excellency, L. F. Grover, Governor of Oregon, Salem, Oregon. APPENDIX. (-ENER.\L LAN1) ()IFaF:. \\AIIINuToN, 1). ('.. 17, ISTI .Jul 'J'o His Excellency, 'I'he Grn,ernor of Orejon, Salem, Ore qon: Sin: In answer to your letter of the 22d ultimo, I have the honor to state that the account for the five pet cent, accruing to Oregon, under act of Congress, approved 14th February, 1859, has been, from time to time, ad,justed up to 31st December, 1870, inclusive, at which date, as shown by the books of this office, there was a balance to the credit of the State amounting to $6,568 76, viz: The State is chargeable with the following sums, paid over to het' by Treasury warrants: To warrant No. 4,259, dated 11th November, 1865 ................................................... $ 1,545 92 To warrant No. 2,085, dated 27th November, 1867, payable to Russell & Erwin .............. To warrant No. 1,229, dated 10th June, 1869,... 3,566 79 1,857 46 $ 6,970 17 And has been credited as follows: By five per cent. on $30,918 39, net proceeds of sales from 14th February, 1859, to 31st December, 1864 .................................... $ 1,545 92 By five per cent. on $71,335 85, net proceeds of sales from 1st January, 1865, to 31st De- cember, 1866 ......................................... 3,566 79 By five per cent. on $37,149 46, net proceeds of sales from 1st January, to 31st December, 1867 ................................................... By five per cent. on $131,375 20, net proceeds of sales from 1st January, 1868, to 31st De- 1,857 46 77 APPENDIX. cember, 1870. 1,568 76 $13,538 93 Deduct balance due the State 31st December, 1870 ........................................................ $ 6,568 76 $697017 The adjustment of the account to 31st December, 1870, showing a balance of $6,568 76 as due to the State of Oregon, was reported to the first Comptroller 27th ultirno. with a view to final action thereon. I am, Sir, Very Respeetfiully. Your obedient servant, WILLIS DRUM MONI), Commissioner. STATE OF OitEuos, EXECUTIVE OFF10E, SALEM, July 11, 1871. 7Y.e Com.mioner Sia: I have the honor to acknowledge the receipt of your communication of June 27th, ult., (" M '') stating of the General Land Office: that an account has been adjusted between the United States and Oregon, under act of 14th February, 1859, or the five pci cent, accruing to Oregon upon the net proceeds of sales from 1st January, 1868, to 31st December, 1870, of the public lands within her limits. I am gratified that progress is being made in the matter referred to, and beg leave to call the attention of your office to the fact that there is au entire absence of any accounting of sales of this character previous to the period mentioned APPENDIX. hack to 14th February, 1859, between the United States and Oregon. A short time since I had the honor to transmit to the Secretary of the Interior a communication covering the whole subject, which no doubt has, ere this, been placed u proper hands for attention. Very truly, Your obedient servant, L. 1. GROVER, Governor of Oregon. INl:iAL L.\NI) ( )F'rrF:, \\HINGFON. 1). ('., .lnlv 27, 17i. His Exeellenry, L. F. Groeer, Governo', of Oregon: Sia: In answer to your letter of the 11th instant, I have the honor to state that per lettea of the 17th of this month, we communicated to you a statement of the Oregon five per cent, account, exhibiting the amount accruing t.o the State upon the net proceeds of the sales to the 31st December, 1870, of the public lands within her limits, also the numbers, dates and amounts of the Treasury warrants issued in favor of the State in payment of said fund. If the letter alluded to shall not have reached you, we will, upon being so advised, transmit you a copy of the same. I am, Sir, Very respectfully, Your obedient servants WILLIS DRUMMOND, Commissioner. AI'PiNDIX. ('F ( ) RIO Lx io ci lvi: ( )r'i i(J. SLFM. \uut 1st, iiI/. 1I'iO 7 1. I I))U,O ,,iöiI. (tf1. (;ei((,iI iVo I(0I( C'/ I have the honor to acknowledge the receipt of your cOI]i]ii tint cati 01 of July 17, marked " M, giving tatenie,it. of Treasut \varlalit.s sent the Uoveruor of Stit Oregon. fbi' the five iw' ceiituni of the net proceeds of the On examination of the 1)0 ks (if the State Treasurer, I find t I at Treasury warrant No. 4,2i), dated Noveuibei 11. I , tot l,4ö 92. was sales of public lands in ()rcon. overtioI' A. ('. Uihbs, iii Febrnarv, 1566. \othi1iig caii lie tound iii any of the 1)ooks of the Treasury. State. or Executive Depa.rtment of this State. showing that Treasury warrant No. 2,0. dated November 27, 1567. br 8,566 79, and warrant No. 1,229, dated .1 utite hO, 1 G9, fbi 1,S7 46, were ever received iv the officials ot this State. l'leasc itiforni me of the (late it thi cii' transmission, and on v1ioni or 'Iiat bank the were drawn, at i wit ether you received any official received liv his Excellency. acknowledginetitofthieir receipt by I us Excellency, (ieorge L. \Voods, who wa-S (,uvenior oh' the State at that time. ( ifficia I acknow ledgiiient \Vas yesterday sent to HonOFahIe (-ieoi'ge S. l3oiitwehl, Secretary of the Treasury, oh' the Fecelilt ol Treas,iu'v \Vari'ant No. 2,ii25. dated July 17, 157 1. hit' 6.6S 76. Very resjec'tlully. Xour obedient servant, I r' J. E' ,I)/T111, "Fi.' '. fI', (ovei'iioi' t ( )regon. 80 APPENDIX. I):I'%R'1'MJNT OF TIlE INTERIOR, (-lN ERAL LAND ( )vI'I(E, \VAIIJN;'rN, I). ( '.. Annst. lB. I 7I. 1Ji' Exeelene, T. F. Grover, Governor of Oregon: SIR: I have the honor to acknowledge the receipt of your letter of the 1st instant, respecting certain payments to Oregon on account of the 3 per cent. fund; and being unable to obtain from the books of this oflice the information desired, have referred your communication to the Secretary of' the Treasury, with a request that it may be furnished you from the records of that Department. I am, Sir, Very respectfully, etc., WTLLIS DRUMMON1), Commissioner. STATE OF OREGON, EXECUTIVE OFFICE, SALEM, Aug. 3, 1871. !Jlessrs. Ru.cell Erwin, San Franeieo, california: Please inform his Excellency, L. F. Grover, Governor of Oregon, whether Treasury Warrant No, Sias: 2,085, dated Nov. 27, 1867, fbr $3,566 79, and Treasury Warrant No. 1,229, dated June 10, 1869, for $1,857 46, were paid to you; if so, who indorsed them to you for collection, and of any other information in relation to said warrants. By so doing, you will greatly oblige, Very respectfu1y, Your obedient servant, HENRY H. GILFRY, Private Secretary. Si APPENDIX. '.\N l'I\N(h(. Uhit I 1. 1 1. I. i. (;,ocI', (;f) ( / ) O/, )I/o/ a \ir. Uiltrv's letter of the 3(1 instant duly to Oct.. 26th, 1867, Sam'l E. May, Secretary of State, sent us for collection /is 1raf on R. W. Taylor, Controller ot l'reasuiv I )e artnlcnt, \\T1 iigtoii, foi' $3,566 79, V. S. currency. 'Fhieii. on May 20, 1869. lie sent us his d raft oti same person fbr $1,857 46, currency, accompanied by lJFAR j hand. Faylor 5 notlil cation (dti/I s aTulolInt, addressed to Governor \oods. Both drafts were paid, credited to May, awl clishui'sed accordi ig to his instructions, aitly here and [t1 in Yew York. it is 1sssible the i rst draft was tcconhlu.ni cd by iii ttiatioii of \Ii. Taylor, but our hooks make no mention ol the fiwt, as in the latter case. rìy further i nfhiniation we call give von will he ci icertiillv furnished oti ai ihicatlon. \Ve are respectfully yonrs TIlE R1JSELL & EiWIN M' 'G. CO. J. \V. Scow, Attorney. I v ( )nra IN, F: x arc!' lvi: ( ) till SAi,1:r, Jfessr,s. I?(fse/1 ' $Stn I)EAR Aug. 31, 1871. J'i(i2('?SCO.' Sias : Your letter of 11th inst. came duly to my I am much obliged for the information furnished. There is a deficit in our Treasury account of' the amount, office. 11u. APPENOIX. nd mention of the two warrants covering the drafts ol Sam. E. May, Secretary of State of Oregon, on R. W. Taylor, Comptroller of the Treasury Department at Washington, for the sums of $3,566 79 and $1,857 46, respectively. I theretbre solicit that you will infbrrn me for what these moneys were disbursed, and if iii any view of the case the moneys were paid for the use of the State of Oregon. Lest we may not be misled iii our examination of this matter, ii not inconsistent with the interests of your busitiess, I wish you would send us copies of the correspondence between your house and Secretary May in this matter, as the records of the State Department show no correspondence on this subject. Very respectfully, your obedient servant, L. F. GROVER, Governor of Oregon. SAN F'uAN1s4,, SeptiiIci is. l.'71. lion. L. F. Grover, Governor of Ore qon, Salem: DEAR SIR Yours of the 31st ult. at hand, but the writer has beeii so occupied that he could not give attention to it. Mr. May sends us the amount of $3,566 79, under date of October 19, 1867, and in his letter requests us to pay ilerring & Co., for safe "for the State of Oregon," $1,450 62, which was duly paid, by our New York house, and the voucher forwarded to Mr. May. We were also instructed to pay out another amount ($560, gold) to a Mr. Mayer of this place, but whether for personal or State purposes we 83 APPENI)IX. were not advised. WTe paid out the balance of this first renlittance upon Mr. May's orders, partly for merchandise and partly to outside parties, partly to himself. rhie second remittance was under date of May 13, 1S6, and from this we were ordered to lay Messrs. Bank & Bros. of New York, "for books for the library of the State of Oregon,'' the sum of ................................. $766 0 And commission for purchasing same ............... Ihe expense of collecting the drafts was some 38 10 10 00 Part of the amount of each draft was reduced to gold (they being for currency) and disbursed here under Mr. May's orders. We would send you full copies of Mr. May's letters, but they throw no light on the matter further than that given above. 'l'here seems little doubt that a. portion of these funds were used for Mr. May's personal use. If we can he of further use in the investigation of the matter, we shall he pleased to respond. We may add that a part of the money went to pay for hardware fbi' his house, and we also paid for some plated ware ordered by Mr. May from New York, and we think was marke(1 as for him. Very respectfully yours, THE RUSSELL & ERWIN MANF'G CO. J. W. STOW, Attorney. SrA'UE OF OREGON, Ti:isuarn's SALEM, OFFICE, August 15th, 1871. His Excellency, L. F. Grover, Governor SIR: of the State of Oregon: Permit me to state that upon the receipt of the 84 APPENDIX. accompanying original letter, directed to your Excellency from the Department of the Interior, of which the following is a true copy, to wit: vol. 109, page 489. 11111: JNIi:Roo:, (INnI\r. L.\NI ( )F1'Il. W.\sIIINi'N. 1). ('.. July IT. 157!. .E;F(Ci(e/H/, (7 ()( ,n 1)1' 1 S'afici, (i)rqon In answer to your letter of the 22d nit.., I have the honor to state that the account for the five per cent. Sin : accruin to Oregon utidei Act of Congress, approved 14th February, 1859, has been from time to time adjusted, up to I)ecember, 1870, inclusive, at which date, us shown by the books of this office, there was a balance to the credit of the State, amounting to $6,568 76, viz.: The State is chargeable with the following sums, paid over to her hr Treasury warrants: To Warrant No. 4,259, dated 11th Nov., 1865... $1,545 92 To Warrant No. 2,085, dated 27th Nov., 1867 payable to Russell & Erwin ..................... 3,506 79 To Warrant No. 1,229, dated 10th June, 1869.. 1,857 46 $6,970 17 And has been credited as follows: By five per cent. on $30,918 39, net proceeds of sales fom 14th Feb'y, 1859, to 31st Dee., 1864 .................................................. $1,545 92 five per cent. on $71,335 85, iiet proceeds of sales from 1st Jan., 1865, to 31st Dec., 1866 .................................................. 3,566 79 " five per cent. on $37,149 46, net proceeds of sales from 1st Jan., to 31st Dec., 1867... 1,857 46 five per cent, on $131,375 20, net proceeds 55 APPJND1X. 1870. 6,568 7 of saIe from 1st Jan., 1868, to 31st Dec., I)educt ha!aiiees due the State 31st Dec., 1870.. $13,588 9$ 6,568 76 $6,970 17 TIi e adj ustmei it of the acc )uiIt to 31st 1 )ecernbei, 1870. showing a balance of $6,568 76, as due to the State of )reion, \Va rej )Orte(i to First. Comptroller 27th alt., with advice to final action thereon. I $ii Very respectfully, \onr obedient servant, (Sined WILLIS D11U.l MON I). Coiiiiiiissioi id. I di Iigei itly searched the hocks in this departiiient, iu ascertaiied that oiilv one warrant, No. 4,259, dated 11th November, 1865. fbr ($1,545 92), fifteen hundred and fbrtv-five 92-100 dollars, of the three enumerated warrants I ias heei paifl ii ito the State Tre'Lu1y fbi wi icli, on i age 221, of Cast Book of tile State of Oregon, undei (late 01 ai uarv 20th i, 1866, and ill the Iiaiid_writiiig of lion. E. N. Cooke, ti ieii State Treasurer ot the State of Oregon, I find the follo\viIig entry, to wit Received 01 T. E. Sjiniiei. Treasurer 01 the [iii tel State Treaurv. \V arrant No. 4,25 dated \asI ii ngton ( i tv. veln her 14, 1865, l.a v- able to the State of (.)regoii, at the C. S. 1)eiosit.ory, at Oregon City, for one tliousaiid five hundred and Ibrtv-five 92-100 dothirs. Received through tile hands of A. (2. (-b bbs, Covernor of Oregon, and 1ilaced to the credit of the Common School Fund of the State, $1,545 92, whichi sum is credited to the account of the Cominoii School Fund, on page 85 of the Ledgei of Oregon, under date of 86 APPENDIX. January 20, 1866, as received from "United States for land soldwai rant on Sub-Treasury. Oregon City ;" whereas, the other two warrants, No. 2,085 dated November 27th, 1867, for $3,566 79, and No. 1,229, dated June 10th, 1869, for $1,857 46, amounting in the aggregate to the sum of ($5,424 25), flfty-fbur hundred and twenty-four 25-100 dollars, nowhere appear on the books of this department as having at any time been paid into the State Treasury. Very respectfully yours, L. FLEISCIINER, State Treasurer. FREASU RY I )EI'A ITMENF, VT\5HINT N, IL). C., .- IT;t'sT25, 1871. his Excellency, L. F. grover, Goiernor of Oregon, Salem, Oregon: have the honor to acknowledge, by reference from the General Land Office, the receipt of your letter of the 1st instant, stating that the records of the Executive Departments of Oregon fail to show the receipt of Treasury warrants No. 2085, November 27th, 1867, for $3,566 79, and No. 1229, June 10th, 1869, for $1,857 46, for payment of Five Per Cent. Fund of net proceeds of sales of public lands in Oregon, and requesting to be informed of the date of their transmission and on whom or what bank drawn, and whether any official acknowledgment of their receipt was made by the Governor of the SIR: State. I 87 APPENDIX. In reply, I have to inform you, that the warrants above referred to were paid to the Russell and Erwin Manufacturing Co., and to Messrs. Riggs and Co., bankers, in accordance with instructions given by Samuel E. May. Secretary of State and acting Governor, enpies of which are enclosed herewith. I am, Very respectfully, J. F. HARTLEY, Acting Secretary. [Copy.] 01 ( ) aEijN MEN r (>F Si AlE. EM, A ugust 2i )tl, I 87. Hofl. R. W. 'Thylei, Copfro?ler Trea,sL1'y Depar1nie/, ff7ashiiqton, D. C'.: Referring to the annexed communication, this certifies that " The Russell and Erwin Manufacturing Company,'' or order, are hereby autliorized to receive in behalf of the State the amounts therein specified. hi witness whereof T have hereunto signed my name and affixed the seal of the State aforesaid, the day and yeai Sta: above written. [s. s.] SAMUEL E. MAY, Sec'y of State and acting Governor. (Endorsed). Pay to the order of Messrs. Riggs & Co.. Russell & Erwin Mg. Co. RiCHARD P. BRUFF, RIGGS. Attorney. APPENDIX 88 [Copy.] TREASURY 1)E1-'ARTMENT, I"rn )LL i:i's ( )Fi"Jc K, July 10th. 1867. &I: An account of the five per cent. fund, which has accrued to the State of Oregon for the sale of Public Lands within her limits, from the 1st of January, 1865, to 31 December, 1866, has been adjusted at the Treasury and a balance of $3,566 79 found to he due her from the United States. You will be good enough to certify who is authorized to receive the same for the State, and it will he so paid on application for such payment. Very respectfully, R. \V. TAYLE1, Comptroller. Hon' ble GEORGE L. WooDs, Governor of the State of Oregon. Eugene City, Oregon. [Copy.] STATE Or" OREGON, SECRETARY'S OFFICE, SALEM, Mar 7th, 1869. Hon. R. W. Tayler, Comptroller Treasury Department, Washington, D. U.: SIR: Referring to yours of July 22d, 1868, addressed to his Excellency the Governor, in the absence of that officer, I have the honor to certify that "The Russell and Erwin Manufacturing Company," or order, are hereby authorized to receive, in behalf of the State, the amount 89 APPEN1)IX. therein specified, viz: One thousand eight hundred fifty-seven 46-100 dolhus ($1,857 46-100). Witness my signature and seal of State, the day and year first-above written. SAMUEL E. MAY, Secretary of State. [SEAL] (Endored). Pay to the order of Messrs. Riggs & Co., Russell and Erwin M iiiifaeturing Company. ItIC11AR1) P. BRUF', Attorney. [Copy.] rf E rs u Er I ) El 'A RIM RET, ( i'ii I,L I:l's Orro r, IIIV ii,. .I!O , - 1 b;s. i/ .0 (eorqe i. 1loo,/., c;o,o.or of the State uf Oiegoi, Sin: Salem, Ore qol: rFlie five icr cent, fund account, for the State of Oregon, for the year 1867, has been adjusted at the Treasury, and a balance of $1,857 46-100 found to he due to the State, which vilI he 1aid when you shall certify who is authorized to receive the amount.. Very respectfully, Your obedient servant, (Signed) H. W. TAYLER., Comptroller. STATE OF OREGON, ExEcuTIv1 OFFICE, SAriM, September 8, 1S71. To the Seeretare of the Treamo'i, TVa.hin9ton, D. C.: SIR: Your letter and inclosures of August 25, 1871, 90 ArpENDIX. marked "C F C.' received to-Jay. The exhibits are full and satisfactory. I regret. having had to trouble you to the extent of my correspondence iii this matter, but it became imperative upon me from the fact of the default of ex-Secretary May in mikitig any showing of the two warrants, Nos. 2,085 and 1,229, amounting to 5,his other 424 25-100, which will he lost, to this State, U.S defaults exceed the amount of his bonds. Very respectfully, You obedient servant, L. F. GROVER, Governor. ( ) i >N, EXECuTIvE ( )rri E, ()ctoher 25. 1871. Messrs. Russell Erwin, San Francisco: DEAR Sias: Your last eomniunication touching the dis- posal of Oregon State Funds, drawn through your house by ex-Secreta.ry Sam E. May, was complete and satisfactory. But having found that the safe and books for the State Library were paid for in full to Mr. May, out of the State Treasury here, we find that the entire sum of the two warrants negotiated through your house is in default. in Mr. May's account. A prosecution is about to be instituted on May's official bonds, and a presentation is to be made to the Grand Jury in the case for embezzlement. It will save us the expense of obtaining personal testimony from your house as to the directions given by May for the disposal of these funds, if you will send us the original let- APPENDIX. 91 ters of May directing the use of these moneys. If you will be kind enough to forward them to us, we will take care that they be returned to you after the proceedings are over. May's embezzlements, we think, will reach near .2O,OOO. Very respectfully, Your obedient servant, L. F. GROVER, Governor. '\N FI-IANUn'U, Nur. 14, I Si1. L. F. {-i,'oi'j, So1c,, Oregoi: l)EAR Sin: You fivor, 2tli ult., was duly received, and we now enclose the origuial letters, accompanying the drafts received by us from S. E. May, dated respectively Oct. 19, 1867, and May 13, 1869. These are the only let- ters we have from him, that make any allusion to the niatter now in discussion. Will you be kind enough to acknowledge receipt of the above, and return the letters when your proceedings are concluded. Yours truly, RUSSEL & ERWIN M'F'G CO. [Copy.] SALEM, .Jo.eph W. Stow, Esq., Managcr Russell Oct. 19, 1867. Errin M'f'g Co., San Francisco, calforriia. Since receiving yours of the 20th ult., I have not been 92 APPENDIX. well enough to attend to business, hence the delay. Enclosed find the necessary certificate with which your New York house can draw the sum of $3,566 79, in currency, presuming on your good nature and at the same time hoping and expecting that you will charge me a commission for attending to it. I have taken the liberty to inclose a memorandum of some private and public obligations which I would like you to meet if you can do so consistantly. I have reduced the amount to currency and estimated at $704. The note of Meyer, whose place of bus- iness is near the San Jose Depot, falls due in about a month, and at maturity will amount to $560. The balance, whatever you may find it to be, on the basis on which you may settle these matters, you will please cause to remain to my credit in New York, and when I need it I will advise you as I am having same engraving done in that city fbr the State. I am not well today and cannot state what I desire as plainly as II could wish, but I hope you will be able to understand it. Yours very truly, SAMUEL E. MAY. [Copy.] S'I'A'rE OF OREGON, SECRETARY'S OFFICE, SALEM, May 13, 1869. J. W. Stow, Rsq'r, No. 204 Sansome Street, San Francisco, Cal.: Will you do me the favor to send the inclosed order East for collection, and instruct your house to pay Banks and Brothers, No. 144 Nassau street, N. York, $720 37, APPENIflX. 93 currency, with interest from August 1st, 1868, until paid; also a small account to J. MI. Keeler for commissionthe amount of which I do not know. II have instructed him to leave his account with the above firm, to be paid at the same time of the other. Hoping that you will be able to give this matter your usual prompt attention, I am yours, Very truly, SAMUEL E. MAY. FT 11lL INIlRIOn, \\A5IIGruN. I). C.. l3tl Feb. 1872. SIR: The letter (filed by you in the Department on the 5th instant) addressed to you on the 5th ultimo, by his Excellency, L. F. Grover, Governor of Oregon, requesting you to obtain from this Department certain information specified in the memoranduni accompanying his letter, was referred to the Commissioner of the General Land Office. I have the honor to transmit herewith a copy of his report on the subject, received to-day, from which it ap- pears that the information asked for is not in his office. The letter and memorandum are herewith respectfully return ed. Very respectfully, B. II. COWEN, Acting Secretary. Hon. J. K. Kelly, U. S. Senate. 94 APPENDIX. \VASIIJN;'FON. February 15. 1 87g. 1Ii. M.reellen (/, Goernor Grover: I received your letter of the 5th January on the 4th inst., and on the day following went to the Depai1ments of the Interior and Treasury, and requested copies of the official papers in relation to the payment of the five percentum of moneys arising from the sale of public lands in Oregon. By reference to the letters of B. R. Cowen, Acting Secretary of the Interior; and Willis Drummond, Commissioner of the General Land Office, you will perceive that there was no information to be communicated from the Department of the Interior. 1 also, herewith, enclose you a transcript of certain papers certified to by SIr. Boutwell, the Secretary of the Treasury; and another transcript certified to by John Allison, Register, and authenticated by Mr. Boutwell, Secretary, etc. When these papers were first sent to me by the Secretary of the Treasury they were deficient in this: that they did not contain copies of the assignments made by May to Riggs & Co., and to the Russell & Erwin Manucturing Company. I sent them back for the purpose of having these assignments inserted. I have now to call your attention to the fact that one of these assignments is inserted in the papers certified by Mr. Allison, the Register; while the other assignment is among the papers certified by Mr. Boutwell. I presume, howDEAR SIR: ever, this will make no difference. By examination you will perceive that Samuel E. May assigned the amount of $1,857 46 tO "The Russell & Erwin Manufacturing Company," while the Treasury warrant drawn for that sum is made payable to Riggs & Co. This, however, is explained by the endorsement on the back of the assignment. 95 APPENDIX. The certificates made by Secretary Boutwell, and John Allison, Register, are not just as I wished them to be; but I. could not get them otherwise. I desired those offi- cers to comply with the requirements of our Oregon statute, and certify that the copies were compared by them with the originals, etc. Secretary B. says all papers are compared, but not by him, and that he cannot compare any papers; as otherwise he would have to supervise the work of all the clerks in his Department. This work of comparing is necessarily entrusted to clerks. I think. however, the certificates will he sufficient in law. I think the statute of Oregon relating to the manner of attesting records should be modified, and that you ought to recommend the Legislative Assembly to do this, so as to read substantially as follows: "But ahy record or of- papel' in any of the Departments of the Government of the [Jnited States may be received in evidence in the courts of this State if t.he same be authenticated ficial in the manlier prescribed by the laws of the United States.' Unless this is done you will always have trouble in having papers certified so as to conform to the State of Oregoll. We have not had any letters from Oregon for a long time owing to the snow blockade, &c. I fear it will be many days befbre we wil] receive any more, \erv truly vow's. .JAMES K. KELLY. His Excellelleney, L. F. Grover. Governor of Oregon. [xi lED Sr,rF:s or TIiEASUEY L)E1'A1rr1EN'r, Febi'uary 14, 187'2. I'ursuant to the act of Congress of the 22d February 90 APPENDIX. 1849, I hereby certify that the annexed have been compared and are true copies of original papers now on file in this 1)epartment. In witness whereof I have hereunto set my hand, and caused the seal of the Treasury Department to be affixed, on the day and year first above written. GEO. S. BOIJTWELL, Secretary of the Treasury. [SEAL.] 1)EPARTMENT OF 1' lIE INTERIOR, A1 I IN GTON, ($1,545 92.) Noveijiber th, 1865. (No. 8495.) To the Secretary of the 'I'reasury: SIR: Please cause a warrant, payable out of the undermentioned appropriation, to be issued for the sum of one thousand five hundred and forty-five and 92-100 dollars, in favor of the State of Oregon, being amount of five per cent. fund accruing to said State from the sales of public lands, from 14th February, 1859, to 31st December, 1864, per Report No. 18, 635, with which the said to be charged accordingly on the books of the Treasury. JAS. HARLAN, Secretary of the Interior. Appropriation.Five per cent, fund of net proceeds of sales of public lands in Oregon ........ $1,545 92 Registered. J.R.G. 97 APPENT)IX. (No. 18,1.) I )i:i'..irrrir OF 1N'I'EI1Ol, (--i:x EILL L.\Nl) ( )FIict:. ( )ct her s;s. 1. have examined and adjnsted aim account betw ecu time 1 IJnited States and the State of Oregon, under the 5th article of the 4th section of the act of Congress approved 14th. February, 1859, fbi' time five per cent. fund accruing time latter iii on the net i ocecds (mf the sale, from said. miate to the 31st .l.)eceinbei, 18134, inclusive, of the pu)l1e lands within her limits, and find that time State is entitled to time following credits, viz il,v five let' cent. on 3O,9l8 39, the net proceeds of the sales of t.hc public lands iii the $tate of Oregon from 14th F'ebruarv, 1859, to 31st Decenm her, 1864, inclusive, $1,- 545 9. I also fiuid that time state is not chargeable on said account.. And time balance due the Ktate of Oregon oil the 31st of 1)eccmbei, 18134, aumionnted to from time records of tins office. 1,545 O, as appears J. [. E1)MONDS, Conmniissioner. I l.( , . \V r1A1.1JHt, 1st Coiii1 troller of time Treasury. rl I )iiii'iii'r I (.rpiIr,rEIm's ()rrlui:. ( Admitted and ceititied tins 4th day of ovembcr, 1865, I *\d 'I t/ to the State of' Oregon. H. W. TAYLER, Comptroller. /?((/ . T (I e SJcrL fri m'y of /e Ldeiior : i.'lme foregoing is a true cop of tIme original, which, with 13u 98 APPENDIX. the statement nd vouchers thoren referred to, are on file in this office. J. A. GRAHAM, Ass 't Register. Register's Office, Nov. 6, 1865. w. ii. ii. OF TIlE INTEnIUR. WASH rxn c. N ovc 0 ler 5th, SL7. (No. 5103.) ($3,566 79.) To the Seeretaij of the Jreasui,i Sia : ['lease cause a waeian/, payable out of the undermentioned apIu.opriation, to be issued for the sum of three thousand five hundred and sixty-six and 79-100 dollars, in favor of the Russell & Erwin Manufacturing Co., being amount of five per cent. fund oii the sales of public lands in the State of Oregon during the years 1865 and 1866, with which No. 19,564, per Report to be charged accordingly the said on the books of the Treasury. 0. II. BROWNING, Secretary of the Interior. Appropriation.five per cent. fund of net proceeds of sales of public lands in Oregon ........ $3,566 79 Registered, J.RG. l)EPARTIEN1' OF'I' II F IN'!' ERIUE, Gvxiui. L,,Nn OFFICE, July 3d, 1867. (Report No. 19564.) Sia: I have examined and adjusted an account between the United States and the State of Oregon, under the 5th article, 4th section of the act of Congress approved 14th February, 1859, for the five per cent. lund, accruing to the APPEN11X. ¶49 latter upon the net proceeds of the sales from January 1st, 1865, to December 31st, 1866, of the public lands within her linjits, and find that the said State is chargeable, iiarnelv To warrant on the Treasurer I'or amount of warrant No. 4259, dated 11th Nov., '65, i certificate of the Register of the Treasury, ,luue 19th, 1867.. .................. $1,545 92 I also find that the State is entitled to credit., viz; By amount of baianc.e clue the 31st December, 1864, per Report No. 18,653, dated October 26th, 1865 ............................................... $1,545 92 By amount of five per cent, on $71,335 85, the net proceeds of the sales of the public lands during the years 1865 and 1866 .................. 3,566 79 $5,112 71 And the balance due the State of Oregon 31st l.)ecember, 1866, amounted to ..................... 3,566 79 $1,545 92 As will appear from the account and vouchers herewith. JOSEPH S. WILSON, Commissioner. lioN. H. W. TAYI.Eu, lst Comptroller of the Treasury. TuEASU !iY D11'A 'F iIFN'1'. ()vi"IcE. Admitted and certified this 10th day of Jn]y, 1867. H. W. TAYLE1, To the Register. Comptroller. APPENDIX. 100 Tn1:AvItv DEI'AIR'IMENT. ( eu vi'iarj. I:1s ()1.'FIC E, - Noveniber 22d, 1 867. I do hereby further certify that the above balance ol $3,566 79 is payable to the Russell and Erwin Manufacturing Co., as per certificate of Samuel E. May, Secretary of State, and Acting Governor of Oregon, dated 20th August, 1867, and hereto annexed. R \\. fAYLER, Comptroller. To the J?egi.-tee : Draft on New York to be sent, care of Riggs & ('o., Washington, 1). 0. To the Secretary of the Interior: The above is a true copy of the original, which with the statement and vouchers therein referred to, are on record in this office. J. A. GRAHAM, Asst't Register of the Treasury. Register's Office, Nov. 23d, 1867. R. S'rAI'I a OnEGoN, or S'rAvJ, SALEM. August 20, 1867. Hon. 1?. W. Taylor, Conip troller, Treasury Department, Washington, D. C.: Sra : Referring to the annexed communication, this CCI'- tifies that "The Russell and Erwin Manufacturing Conipany," or order, are hereby authorized to receive, in behalf of the State, the amount therein specified. In witness whereof I have hereunto signed my name and 101 APPENDIX. affixed the seal of the State aforesaid, the day and year above written. SAMUEL E. MAY, secretary of State and Acting Governor. [SEAL.] Tuisuav l)J:rAwr.nN'r, (o1I"I'1n aLI1's (JFrIuE. July 10th, 1861. Sia: An accouiit of the five per cent. fund which has accrued to the State of Oregon for the sale of public lands witlun her ]irnits from the 1st January, 1865, to 31st De- cember, 1866, has been adjusted at the Treasury, and a balance of $3,566 79 found to be due her from the United States. You will be good enough to certify who is authorized to receive the same for the State, and it will be so paid on application for such payment. Very respectfully, R. W. TAYLOR, Comptroller. Hon. George L. Woods, Governor of the State of Oregon, Eugene City, Oregon. ]IJ EPA]rTMEN'I OF' 'FIlE Iix'I'F:uIoR, WASIIIXUT0N, D. C., ($1,857 40.) To the Seeretar,y of Ike Treasury June 3d, 1869. (No. 6854.) Sia: Please cause a warrant, payable out of the undermentioned appropriation, to be issued for the sum of one thousand eight hundred and fifty-seven and 46-100 dollars, in favor of Riggs & Co., assignees, for the State of Oregon, being amount accruing to said State from the sales of public land under the provisions of an act approved February 102 APPENDIX. 14th, 1859, per Report No. 20,165, with which the said to be charged accordingly on the books of the Treasury. J. 1). COX, Secretary of the Interior. Appropriation.Five per cent. fund of net proceeds of sale of public lands in Oregon, etc.. .$1,857 46 Registered, J. B. Q. Report No. 20,165 DEPARTMENT OF TIlE INTERIOR, GENERAL LAND OFFICE, July 7th, 1868. SIR: I have examined and adjusted an account between the United States and the State of Oregon, under the provisions of the act of Congress approved 14th February, 1859, for the five per cent. ftind accruing to the latter upon the net proceeds of the sales of the public lands within her limits during the year 1867, and find that the State is entitled to the following credit, viz By balance due the State 31st December, 1866, per Report No. 19,564, dated July 3, 1867, and per certificate of fegister of Treasury herewith ................................................ $8,566 79 By five per cent. on $37,149 46, the net proceeds of the sales of the public lands from 1st January to 31st Decembe', 1867 ....................... 1,857 46 $5,424 25 I also find that the State is not chargeable with any sum on this account, and the balance due the State of Oregon .31st December, 1867, amounted to $5,424 25, as will 103 APPENDIX. appear from the statement and vouchers herewith, J. S. WILSON, Commissioner. TAYLER, HON. R. W. 1st Comptroller of the Treasury. Commissioner's balance brought down ............ $5,424 25 Deduct amount paid November, 1867 .............. 3,566 79 Corrected balance due the State ..................... $1,857 46 TEEASLEY D E1'Js}ITMENT, ('o'T1oILaI's OFFICE. Admitted and certified this 22d day of July, 1868. R. W. TAYLER, Comptroller. To the Register. Additional Certificate. TaFisuriF DEPARTMENT, (or.t1'TRoxLE1fS OFFICE, 31st May, 1869. The within balance of $1,857 46 is payable to Riggs & Co., assignees. R. W. TAYLER, Comptroller. the Secretary of the Interior: SIR: The above is a true copy of the original, which, Th with the statement and vouchers therein referred to, is filed in this office. J. A. GRAHAM, Acting Register of the Treasury. Register's Office, R. C. E., June 1st, 1869. DEI'AR'FMEN'r OF THE INTERIOR, WAShINGTON, July 11, 1871. (6,568 76.) Th the Secretary of the Treasurq: (No. 9914) 104 APPENDIX. Sin: Please cause a warrant, payable out of the undermentioiied appropriation, to be issued for the sum of six thousand and five hundred and sixty-eight and 76-100 dollars, in favor of L. F. Grover, Governor of the State of' Oregon, being the amount of five per cent, fund accruing to said State upon the net proceeds of the sales of public lands within her limits from January 1st, 18i8, December 31st 1870, per Report 22040, Salem, Oregon, with which the said to be charged accordingly on the books of the Treasury. B. II. COWEN, Acting Secretary of the Interior. AppropriatiomFive per cent, fund of the net proceeds of the sales of public lands in Oregon, $6,568 76 Rgistered, 1872. R.J. (Report No. 2040.) 1) EPA IrFMENT OFT!! F; I N'rERJ( R, EImAL LANT) Oi'ra'i.;. June 27, 1T1. Sin: I have examined and adjusted an account between the United States and the State of Oregon, under act of Congress of 14th February, 1859, for the five per cent. fund accruing to the latter upon the net proceeds of the sales from 1st January, 1868, to 31st 1)ecember, 1870, of the public lands within her limits, and find that said State stands chargeable as follows: To warrants on the Treasurer For amount of warrant No. 1229, dated 10th June, 1869, as per certificate of the Register of the Treasury, dated 16tl June, 1871 ......... $1,857 46 I also find that said State is entticd to credit l0. APPENDIX. Ii laiie( (hue 1ir fist I1)(oeniher i$7(}, per Rejoit By amount of- 0l5. 1,857 4C by ainouiit of- iv pet (cult. oil 1,h- :20, the utet ioils of the sales of- f-lie inLile lands I horn 1st Jaivarv, 1iJ$, to h1t 1)ee., 1870... 1L568 76 And the baiai ice due the state of Oreg in 8,42O 2 h 1st Decemher. 1870, anioutited to. 5I8 76 1,857 46 As will appeal troni the ceititiyates of the Register of the ficasiiiv, dated respectively 16th and 12d June, 1871, and the stateflie Ut of iced ptsa] 1 uiciileiituii expenses hetet rInexe(1. \ViLLIS l)1t[T\l\t()Xi), 1(1 liox. Ii. W. TA\ LER, First ('ouiiptrofler of the Treasury. (omi irni ssion e r. Tnesunv l)1-:I\1-it I-NT, Couiriora:n's ( )rFiE, 1 .1 liv 3d, 17 t. 1 a(innt and. certify the wTithIill Lalatice of 1i,568 76, paytthle to ( overnor L. F'. Grover, Salem, Oregon. WM. 111 F\I1'I11 LL JONES, Acting Coni1 trohl er. John Allison, Esj., Register, etc. ih tie Iqi of fl, I, /,,;oi : Siit : The uliove is a tii ie ( py of tI ie original, which, with tIte statement ii!i(1 voutchiers therein referred to, is filed iii this (If-IDe. J. A. (fl11A1IAM, Assistant Register of the Treasury. Register's Office, .Jnlv 5, 1871. F: ...... S., R. P. E. 106 APPENDIx. rII,I,\j l)EI'xurn rNT, li:c.isr i;j,. Or]ICE, l.'el,rurv 12, 1872. Pursuant to the Act of March :, 1797, entitled "An Act to proicle more efictual] for the settlement. of accounts between the United tate and Receivers of Public Moneys,'' I, John Allison, Register of the Treasury DeILtn1e.I1t, do lteiebv cerlif that the annexed copies of warrant.s \Os. 4, 9-2,085-1,229---.-aiid 1,059, and of the drafts issued upon tlie saute, atth1ied thereto, and assign. ment ot warrant o. 1.229 to Riggs & Co., have been compared, and are true copies ot the originals on file in this office. .IOIIN ALLIOX. Register. remembered, That .lJo!in Allison, Esq., vlio cerBe it tified the annexed tm crij4, is now, and was at the time of doing so, Register of the Treasury o the United States, and that full faith and credit are due to his official. attestat.ions. In testimony, whereof, I, George S. Boutw-ell, Secretary of the Treasury of the United states, have hereunto subscribed my name, aid caused to be affixed the seal of this Department, at the City of Washington, this twelfth day of February, in the year of our Lord, 1872. [sEAL] GEO. S. B( ) IJT WELL, Secretary of the Treasury, Draft No. 8,592, On Treasury Warrant No. 4,259 SirEs, T1tEsuRv OF THE UNITEI) WAslIINi'oN, \OV. 14, 1865. At sight, pay to the State of Oregon, or order, one thousand five hundred and forty-five 92-100 dollars. F. E. SPINNER, ($1,545 92) Treasurer of the United States. 107 \ IENI([X. teii-teted. Nov. 14, 1 SU. S. 11. ( ((lily, lte'islei of t]ie i r. t)eis >-i tory. . ai F:Iidu[sed). 1' re T.1-lnv. ('itv, Oreoii. l'av to the jrtiel of E. N. (oke. tate re r. .\DJ)ISUN C'. ( I. (. I BBS. veii or of ()reon. r1 ic. Lild \ iii 17, 1;6. 'I'reasulv Interior. ('a //o' ii Warrant, No. 4,50 TREASURY DEl \.ltT\l.ENT. torer of fhc (;1EIl/ /o fr,', ULiiuJ: Pay to the State of Oi:egoii, or order, out of the aI propration named iii the inaigili, one thousand five hunfred 011(1 turty-Iive (1(1)1 hius and nillety-t\vo cents, Lei n anionut. of five per uent. fund aerruing to said State from the sales of nhjije Iai ids, froiu 1 4t1 i f'ebruarv, 183), to :31st, 1 )ecembur, 1 4, agreeably to a ('ertifleate of the. Com1trolhej' of the Ti'easi,rv, No. l8,G5, dated 4th Nov.. 18(i, re('or(Te(l by the Register. For so doing this sloth] he voiii' WaiTitilt. (-hven inider riiv hand 011(1 tue seal of the Treasury, this 11th da of Noveniber, m the year of 0111 Lord one thousand eiul it 1w wI red 011(1 SIxty-five and of Inde1eiiilonee the itiiietiethi. \VM. E. CTIAIY1)LER, Aeti ng Secretary of the Treasui'v. Coititersitied, 1:ithi. IL W. TA 1 lJ II, ('01)11 troller. Recorded I ith. .1. A. GRAhAM, Asst. Register. [sir] 108 APPENDIX. Received for the above warnuit, (Iraft No. 8,592 on I )ep. Oregon City. Apja'opitwa-Fi ye Per Cent. uiid of net 1)roeee(l5 of sales of pul)lic lands in Oregon. per 4th Section Act 14th February, 1859. Draft No. 1,784, (in Treasury Warrant, No. 2,085 01 TIlE I NflT]) S'IATES, INrT( e, Nov. 30, 1867. At sight, ay to the Russell & Erwin Manufiteturing Co.. or order, three thousand five hundred sixty-six 79-100 dollars. ($3,560 79) L. R. TUTTLE, Asst. Treasurer of the United States. Registered Nov. 30, 1807. N. L. JEFFItIEs, Register of the Treasury, Asst. Treasurer U. S., New York. Paid 1)ec. 0, 1867, Assistant Treasurer at New York. (Endorsed). For deposit to the credit of Russell & Erwin Mfg. Co. R. II. IIAYI)OCK, Cash. R[C1I'l) I'. BRUFF, Att'y. Endorsement (illegible), F ulton National Bank. Warrant, Treasury Interior. TREASUI{Y 1)EPARTMENT. No. 2,085 1ates, (}reetin/: Pay to the Russell & Erwin Manuficturing Co., or order. Th 11w qceasui'e,' of the United out of the appropriation named in the *margin, three thousand five hundred and sixty-six dollars and seventy- nine cents, being amount of five per cent, fund on the sales of public lands in the State of Oregon, during the Appropriatiou.Five Per Cent. Fund of ict proceeds of sale of public lends in Oregon, etc. 109 A0IN DiN, years 18(h and 1 866. ngreealily t.o a ('crti!ivate of the rFr 19,564, lated 10th July. N '01101 ol tl 1867, recorded by the Iie'istci'. For so (10ilu'. this shall 1I'V. be von r Wa 110 It. (iven uiuler lily lianl and ti u sed of the r10ii1 ISV, thui 27th day of Noveuibei, 1) the year one thousand eight hundred 011(1 sixty-seven 011(1 of inde1endeiiec the 92d. J. F. 1[A1tTLEY, [si:.i.] Asistuit Secretar of the Trerurv. Couiitersigiied, 29th. B. W. TAYLEJI, Conqtrohler. cole of Riggs & Co. Recorded 29th. draft OIl \. N. L. .JErI'aIEs, Register. the above varraiit. diitft No. 1,784, on A. iiCCCivC(.1 T., N. V. 1,)1' Draft. o. 4,1)4. 01! Ft'easl.lrv \Variant, No. 1,229 TUEAS (ItY 0!"! II F: I. NflEl) STATES. Pay to Riggs & Co., or order, 0110 thousand eight Iluhi- dred and fift v-seven 46-100 dollars. L. B. TUTTLE, (S1,857 46) Assistant Treasurer (if the TTiuted States. \\asliingtoii, .1.). C., June 12, 1869. Registered June 12, 1 $611. the Treasury. JohN ALLISON, Register I)! Paid Jill10 17, 1869. Assistant Treasurer, New Vork. (Endorsed). order. \VM. L. Pay Bank of America, New York, ot RiU(:S & CO., Jiixs, Cash. Warrant., Treasury Interior. rIPFASUR V I)E 1.'ABTi\iEN T. To //ic Assignees. No. 1,229 'Jieao'ei' of die Loii/e1 &etes, Geti,iy: Pay to Riggs & Co., assignees fhr the State of Oregon, 110 AP2NDIX. or order, out o the appropriation named in the *!nargil]. one thousand ci ht hundred aid fifty-seven and 46-100 dollars, being amount accruing to said State from the sales of public lands, under the provisions o an act ai iroved Feby 14, 19, agreeably to a Certificate of the Comptroller of the Treasury, No. 20,1 65, dated May J1, 1869, recorded hy the Register. For SO doing, this ShfLlI he your warrant. (ivcn under my hand and the seal of the Treasury, this tenth day of .J une, in the year of our Lord one thousand eight hundred and sixty-nine and of Independence the ninety-third. F. 11A1{TLEY, Assistant Secretary of the Treasury. [sE\L] .. Countersigmied. R. W. TAlLER, Comptroller. Recorded June 12th, .Ioj-ix ALUOX, Register. Received for the above warrant, draft No, 4,945, on CW 1Ot'k. 1AI U OF ( )In;UON, S ECREL\RY'S ( )i'sicr. - SALI;M. May 7, 1869. ffua. I?. IV. 'Jti,'1o,, Comptroller '1e'f.U)/ D(partIJtent, lTas/n'ton, D. C.: Referring to yours of July 22, 1868, addressed to his Excellency, the (overnor, iii the absence of that officer, I have the honor to certify that "The Russell & Erwin Manufacturing Company," or order, are hereby authorized to receive in behalf of the State the amount SIR: Appropriatiou .Fivm Per (but. Funl of net procecd of ale of public land, iii Oregon. 111 Ali1)I. therein specified ; viz, one tliOIlSOIl(1 ilit I utid red fifty SCVUfl 4G-l00 dOihirS (1,R57 46). \Vjtne.s iiiy signature nd seal of State. the (mv and oar ftrst ihov vritteii. SAI\[UEL E. i\L\Y. [SEAL] Seci'etarv of State. (Endorsed). Pay to the order of Messrs. Riggs & Co.. Russell & Erwin Mf'. Co. RICh' I) P. BRUFF, Attorney. 1)raft No. 2,i8, \o. 1,09 Ott Treasury Warrant, TuE.\av oI'r tir: UNI'rEn $r'rts. Pa to L. F. Grover, Governor of Oregon, or oider, six thousand five hundred and sixty-eight 76-100 dollars. L. B. TUTTLE, (G,568 76) Ast.. Treasurer of the United States. Washington, 1). C., July 17, 1871. Registered July 17, 1871. J. A. GRA 11AM, Act. Register oT the 'Treasury. Paid Aug. 16, 1871, First National iank, Portland, Oregon. (Endorsed). Pay to the order o:f L. Fieisehner, Treasureu' of the State of Oregon. L. F. GROVER, Governor of Oregon. L. FLErSOnNEII. Treasurer of State. No. 1,059 Settlement Warrant, TREASURY DEPARTMENT. To the T,easurci of tIu T]itcl Stales, Grecti,g: Pay to L. F. Grover, Governor of Oregon, Salem, Oregon, or order, to he charged to the appropriations named Interior. 112 APPENDIX. in the *margill, six tlwusand five hundred and sixty-eight dollars and seventy-six cents, due State of Oregon on set tlemeiit, lursualit to a certificate of the First, Comptroller, No. 22,040, dated the 3d day of Ju]y, 1871, recorded by the Register. For so doing, this shall be your warrant. Given under my hand and tlie seal of the Treasury Department, this 13th day of July, in the year of our Lord. one thousand eight hundred and seventy_one and of' Independence the ninety-sixth. (FO. S. BOUTWELL, [SEAL] S cc reta ry. Countersign ed, II. W. TAYLER, First Comptroller. Registered July 15, '71. J. A. GRAIIAM, Act'g Register. or'riii: TaEAsuRl.:u I OF TIlE 1XITED STA'I'ES. Received for this warrant the fbllowiug draft: No. 2,528, on 1st, Portland, Or. rfIu,;\s1IlY l)i:IilIMI;N1', ( )M1"L'R( LLEEi'S ()rrlcE, ¶)th ,Jnly, 1872. Hoi.. L. F Grove,', Governor of the State of Ore'jon, Salem, Oregon: Sia: A account has been adjusted between the United States and the State of Oregon, per Report No. 22,882, for the five per cent, fund accruing to the State pursuant to the Acts of Congress of 26th February, 1857, and 11th May, 1858, upon the net proceeds of the sales of the publie lands within Tier limits, in the year ending 31st Decem- ber, 1871; and a balance has been found to be due to the aAppropriations.Five Per Cent. Find if the net proceeds of the sales of public lands in Oregon 113 APPENDIX. State of Oregon of S5,ll)1 40, for which siitii a draft will be forwarded to you!' address. Vei'v respectfully, \VM. 1ll\lP1-1lLL JONES, i i' ('on i trot 1ev. SrATE 01' ()1;o1c, Exiicui'ivi.: SALEM, 'J) /h ( iiij o/le' f // i 'J'/((I. ei-,, OF'I'Icv, - August 15, l72. I I 'o 1, 0O7)I/, I). ( Sin: Xoui' communication of' .Jul 1), 1872, iulvising the adjustment between the United States and this state of' the account for the five pCI cent., fund acei'umg to this State, pursuant to the Acts of' Congress oh February 2i, 1857, and i1tl May, 1868, upon the net proceeds of the sales of the public lands within hei' limits, in the ear ending 31 Dee., 1871, is duly received. I also have the hionoi' to acknowledg'e the l'cceih t 01 draft on t]ic Treasury of the United States, No. 3,173, dated July 24, 1872, payable at tile First National Bank, Portland, Oregon, for $5,191 40, in currency, covering said adjustment. T have the honor to be, Sir, Your obedient servant, L. F. G]iOVER, (4o ye ci wr of Oregon.