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quarter of the northwestern quarter, and the western quarter of the southwestern quarter of section 29, township 63, range 33.

Nos. 49365 for 160 acres, 29703 for 160 acres, 34168 for 160 acres, 54160 for 160 acres, to wit: section 19, township 63, range 33.

Nos. 47041 for 160 acres, 85534 for 120 acres, 79242 for 120 acres, to wit: the northwestern quarter, the western quarter of the southwestern quarter, the eastern quarter of the northeastern quarter, and the eastern quarter of the southeastern quarter of section 20, township 63, range 33.

Nos. 49736 for 160 acres, 38528 for 160 acres, 44859 for 160 acres, to wit: the north western, southwestern, and southeastern quarters of section 18, township 63, range 33.

Nos. 48146 for 160 acres, 46988 for 160 acres, 45415 for 160 acres, 50490 for 160 acres, to wit: section 7, township 63, range 33.

No. 35287 for 160 acres, to wit: the northwest quarter of section 8, township 63, range 33.

Nos. 36079 for 160 acres, 46857 for 160 acres, 33973 for 160 acres, 40961 for 160 acres, to wit : section 9, township 63, range 33.

Nos. 42656 for 160 acres, 36022 for 160 acres, to wit: the northeast and the northwest quarters of section 6, township 63, range 33.

Nos. 35417 for 160 acres, 31174 for 80 acres, 41325 for 80 acres, 33757 for 80 acres, 35877 for 80 acres, 29385 for 80 acres, 36875 for 80 acres, to wit: section 5, township 63, range 33.

Nos. 27041 for 80 acres, 36672 for 80 acres, 43227 for 80 acres, 29672 for 80 acres, 28414 for 80 acres, 33843 for 80 acres, 42175 for 80 acres, 37280 for 80 acres, to wit: section 4, township 63, range 33.

Nos. 34627 for 80 acres, 36774 for 80 acres, 34277 for 80 acres, 33084 for 80 acres, 36729 for 80 acres, 22726 for 80 acres, 12644 for 80 acres, 23874 for 80 acres, to wit: section 3, township 62, range 33.

Nos. 18330 for 160 acres, 49663 for 160 acres, 20361 for 160 acres, 24348 for 160 acres, to wit: section 22, township 63, range 33.

Nos. 48449 for 160 acres, 31785 for. 160 acres, 50593 for 160 acres, 38963 for 160 acres, to wit : section 15, township 63, range 33.

No. 82193 for 120 acres, the north west, south west, and southeast quarters of the south west quarter of section 10, township 63, range 33.



Commissioner of the General Land Office.

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PLATTSBURG, August 4, 1857. GENTLEMEN : In reply to your letter of this date, I have to state that the foregoing is a descriptive list of the tracts of lands applied for by Messrs. McLaughlin and Felix on the 26th of November, 1856. Yours, respectfully,

H. F. FELIX. Messrs. WINSLOW TURNER, .Register, and


No. 4.


February 6, 1857. GENTLEMEN : I forward herewith, for location, 152 military bounty land warrants, received at this office from the assignees, Messrs. Peter McLaughlin and Henry F. Felix, of Reading, Berks county, Pennsylvania, also map of Nodaway county, Missouri, showing by red and yellow shades the tracts on which they desire that these warrants shall be located, and a descriptive list of said warrants in which the particular tract or tracts on which each of the above mentioned warrants should be located is fully set forth, also a copy of a receipt from Messrs. Adams & Co's. Express Company, (the original of which is on file in this office,) showing that McLaughlin and Felix have placed in their hands, to be forwarded to you, four hundred and seventy-seven dollars in gold for the payment of the fees to which you will be entitled for making said locations.

These gentlemen have furnished this office with the highest testimony of their intentions in making their locations of forming an actual and permanent settlement, in a manner to advance the public interest, both State and federal. You will, therefore, without delay, examine the records and plats of your office and locate the warrants in accordance with the descriptive list on such of the tracts therein named as are at the date of the reception of this letter vacant public lands, subject to such locations, and return the duplicate certificates of location with the list and map to this office in a special letter on the subject. In order to avoid delay in this matter I have caused the warrants and the assignments endorsed thereon to be carefully examined in this office, and find them in all respects to be sufficient, they will, therefore, not require the usual examination, in that respect, by you. In making up your monthly abstract of locations, for the month in which these locations shall have been made, you will make in the margin opposite each of these cases a reference to this letter by its date. Very respectfully, your obedient servant,


Commissioner. REGISTER and RECEIVER,

Plattsburg, Missouri.

Great Eastern, Western, and Southern Package Express.


WASHINGTON, D. C., February 5, 1857 Received of McLaughlin & Felix, in apparent good order, to be forwarded to Henry Whittington, Plattsburg, Mo., only the undermentioned articles, marked as per margin, and subject to the agreement now made and herein expressed, as follows:

It is agreed, and is part of the consideration of this contract, that we are not to be responsible for any loss or damage arising from the dangers of railroad, steam or river navigation, leakage, fire, or from any cause whatever, unless the same be proved to have occurred from the fraud or gross negligence of ourselves, our agents, or servants; and we in no event to be liable beyond our route, as herein receipted. Valued under fifty dollars, unless otherwise herein stated. Fish, game, fruit, live stock, and all perishable articles, glass, picture frames, guns, furniture not in boxes ; statuary and contents of paper boxes taken at owner's risk.

Freight.-Paid $2 50.

Mark.—Article. One parcel said to contain four hundred and seventy-seven dollars. For the company,


No. 5.

March 3, 1857. Sir: It is proper, in submitting the enclosed contest of Harden and Jackson, to state that under the system heretofore prevailing in this office, the original application of Harden was received and filed on the 1st day of September last, although, from the press of business, the application could not be renewed and the entry made until the 8th of September.

We suppose no point will be made by the counsel for Jackson as to the true date from which the rights of Harden as a purchaser are to be estimated, the understanding having been general, and in no instance complained of, that the reception and filing of the original application should count against applications or pre-emptions made afterwards.

It is in this point of view that, referring to your letter of the 15th of December last, (in Palmer's case,) we deduce the conclusion that a party who does nothing except “stick stakes” until after another party has entered the land, cannot count such work as the commencement of a pre-emption to defeat the entry made by another before anything was done looking to the commencement or erection of a house.

If correct in this construction of your application of the Attorney General's opinion to that case, our opinion is, that the pre-emption of Jackson is invalid, as against Harden, who became entitled to enter the land by his application of the 1st of September, on file in this office, and which was carried into a new and formal application as soon as the then register could do so, and the original application consummated by entry on the 8th of September.

We but add, that the system thus adopted, in our own opinion, works better and fairer, and less annoyingly, than any other plan would. Very respectfully, your obedient servants,

JAMES H. BIRCH, Register.

H. WHITTINGTOŃ, Receiver. Tuos. A. HENDRICKS, Esq.,

Commissioner General Land Office, Washington.

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April 21, 1857. GENTLEMEN : I have received yours of 3d of March, inclosing for the decision of this office the testimony in relation to the pre-emption claim of Jacob Jackson to the SE. of SE of 20, 61, 30, contested by William A. Harden per private entry No. 22,214, and in reply have to state that this office concurs in your opinion adverse to the pre-emption, for the reason that it appears the foundation of his dwelling-house was not laid until the 6th of September, 1856, whereas the application to enter at private sale was made on the first of the same monta.

The claim by pre-emption has therefore been rejected, and private entry released from suspension. Please note the rejection on your books and plats. Respectfully, &c.,


Commissioner REGISTER and RECEIVER,

Plattsburg, Missouri.

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No. 6.


Plattsburg, Missouri, March 7, 1857. SIR : Not having had a regular Washington mail for about a month, your letter of the 6th ultimo, covering

the warrants therein alluded to, was not received until this evening. This delay is the more vexatious, inasmuch as the greater portion of the land thereby to be located was covered and carried by the locations of mere speculators on the 2d instant.

Mr. Tnompson, the agent of the Pennsylvania parties, was here at the opening on the 2d, but being without either warrants or final directions from his principals, was enabled only (by his own means) to put himself in competition with others for a portion of the land. Being here again to-day, with a letter from his principals of the 13th, covering a copy of yours of the 6th ultimo, he is understood to be

compromising, and doing otherwise all he can, for the benefit of his employers.

It need not, of course, be added, that within the limits of personal and official propriety, his exertions in the direction alluded to will be cordially seconded by this office.

The notice of the parties to the receiver, of having made the arrangement and transmitted the fees, reached that officer on the evening of the 3d instant. The money has not yet come to hand, hut that would have been immaterial had we received your letter in time to locate the warrants as therein directed. Very respectfully, your obedient servants,


(Yet out of commission.)

H. WHITTINGTON, Receiver. THOMAS A. HENDRICKS, Esq., Commissioner General Land Office, Washington.

Rep. No. 289—5

No. 7.


March 19, 1857. SIR: Upon examining your abstract of sales for the month of January last, and for several months prior thereto, it is discovered that you are in the habit of permitting military bounty land warrants, under the act of 1855, to be located on lands which are subject to sale at not less than $2 50 per acre, requiring the locator to make a cash payment for the excess in price over $1 25 per acre, which is contrary to the law.

The 5th section of the act of 3d March, 1855, expressly declares “that no warrant issued under the provisions of this act shall be located on any public lands except such as shall at the time be subject to sale at either the minimum or lower graduated prices.” Consequently all lands, the minimum price of which is more than $1 25 per acre, are excluded from location by said warrants; also, where a tract of land is put up between two parties who have made simultaneous application for the same, and sold to the highest bidder, such purchaser cannot locate a warrant on said land, paying the difference in price in cash, but the whole of the land so purchased must be paid for in cash. Your abstract for January last consists principally of excess payments on warrant locations of the character herein referred to, all of which are illegal, and will be cancelled by this office.

You will make a careful examination and report to this office all such warrant locations which have been made at your office contrary to the provisions of the act of 3d March, 1855, and the circular instructions of this office of the 3d May, 1855, the observance of which, on your part, would have prevented such errors, which, aside from the great additional labor devolved upon this office in the adjustment of the same, must operate to the injury of innocent parties. Very respectfully, your obedient servant,



Plattsburg, Missouri.

The letter to the late register, of 19th March last, was written by me.

At the time it was written, I was ignorant of the fact that he had been removed from office, or that his removal was even contemplated. That letter, therefore, could have had no bearing in the case, and the offensive light in which the register has thought proper to view it is altogether imaginary on his part. The gentleman in this division, whose duty in part is to register the returns of sales, perceiving that the register's abstracts for several months were composed principally of excess payments for lands located with military land warrants, the price of which in many instances was $2 50 and up

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