Page:U.S. Department of the Interior Annual Report 1873.djvu/15

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REPORT OF THE SECRETARY OF THE INTERIOR.
695

compact body, some concessions must necessarily be made from the present requirements of the land laws. I would respectfully suggest that the Secretary of the Interior be authorized to withdraw from sale or entry such lands as they may desire to occupy, for a term of years long enough to enable them to emigrate to this country and settle thereon, and to dispose of such lands to those persons among the emigrants who shall make the proper entry or purchase thereof in accordance with existing laws. Should they desire to settle within railroad limits, the authority should enable the withdrawal, in like manner, of the alternate sections belonging to the Government. It is possible that the entire body of emigrants may not desire to locate in one colony, but would prefer the selection of two or more colonies or locations. It would be well, therefore, to confer such discretion on the Secretary of the Interior as would enable him to meet their views in that regard. The entire area they will probably require will be about 500,000 acres.

POSSESSORY RIGHTS OF BRITISH SUBJECTS IN THE TERRITORY CONFIRMED TO THE UNITED STATES BY THE DECISION OF THE EMPEROR OF GERMANY.

The Secretary of State has called my attention to a communication from Sir Edward Thornton, the British minister, who, under instructions from his government, has asked the consideration of the case of those persons, subjects of Great Britain, who had settled upon the islands between the continent and Vancouver's Island, which were confirmed to the United States by the decision of the Emperor of Germany. And the Secretary of State, after calling the attention of the Department to this subject, has inquired whether he may be justified in saying to the British minister that this Department will be prepared to recommend to Congress any legislation on this subject at the approaching session, and also to ask, in case any legislation will be recommended, that, if there be no objections, he may be informed of the provisions which Congress will be asked to enact into a law.

The third article of the treaty of June 15, 1846, above referred to, is in the following words:

In the future appropriation of the territory south of the forty-ninth parallel of north latitude, as provided in the first article of this treaty, the possessory rights of the Hudson's Bay Company, and of all British subjects who may be already in the occupation of land or other property lawfully acquired within the said territory, shall be respected.

The construction placed upon this article of the treaty by those most familiar with its history is that the possessory rights of the Hudson's Bay Company, and all British subjects who were in the occupation of land or other property within said territory at the date of the treaty, are the only possessory rights to be respected. I have concluded to follow this construction.

I have therefore advised the Secretary of State that this Department