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REPORT V 
 
 ON 
 
 SEMINAUY LANDS. 
 
 Tallahassee, 18th November, 1845. 
 To his Excellency W. D. Moseley, 
 
 Governor of Florida : 
 
 The Trustees of the Seminary Lands, beg leave to submit the fol- 
 lo\ving as their annual report, in conformity -w'xih the law organizing 
 the Board. 
 
 As the subject is now for the first time to be brought before the 
 General Assembly of Florida, it will be better understood if prece- 
 ded by a short reference to the various acts of Congress, the acts of 
 the Legislative Council and of the Executive of the Territory, which 
 relate to this matter. 
 
 ACTS OF CONGRESS. 
 
 ^rd March, 1823, — Congress granted " an entire township," in 
 each of the Districts of East and West Florida. (See page 14). 
 
 24<7i May, 1824, — Congress declared by law that the Suwannee 
 river should thereafter be the dividing line of East and West Flori- 
 da. (See sec. 4, L.) 
 
 29/^ January, 1827, — Congress enacted that the township of the 
 Eastern District, may be located " in sections, east of the Apalachi^ 
 cola ;" and that losses by pre-emption in the township located " west 
 of the Apalachicola," may be located " in sections," " on any unap- 
 propriated lands in said district of country." (See page ). This 
 law also gives power to the Territorial Government, to lease from 
 year to year, &c. (See page 14). 
 
 \st. Jidy, 1836, — Congress authorized the Governor and Legis. 
 lative Council to sell, " in fee simple," " a moiety of the two town- 
 ships, for the benefit of the University of Florida, of which Joseph 
 M. White," &c., &c. , " are Trustees," and to appropriate the pro-, 
 ceeds for buildings, apparatus, dec. (See F). 
 
 3rd March, 1845, — Congress gave "two entire townships of land, 
 in addition to the two townships already reserved, for the use of two 
 Seminaries of Learning — one to be located east, and the other west 
 of the Suwannee." (See F). 
 
 ^,.,.ary 
 
 ot 
 
ACTS OF LEGISLATIVE COUNCIL. 
 
 20^^ Noveinher, 1828. — A law was passed giving authority to 
 commissioners in each county to lease the Seminary lands ; and the 
 proceeds were required to be paid into the Territorial Treasury. 
 
 llth February, 1832. — A law was passed, repealing the power to 
 lease the Seminary lands. 
 
 12th February, 1837. — A law was enacted authorizing the Treas- 
 urer of the Territory to prosecute trespassers on Seminary lands. 
 
 4:th March, 1842. — An act was passed authorizing and requiring 
 the District Attorneys to prosecute such trespassers. 
 
 l^th March, 1843. — The law was passed creating " ihe Board of 
 Trustees of the Seminai-y Lands.''' It provides that the Trustees, 
 five in number, are to be annually appointed by the Governor and 
 Council, with ample corporate powers, to take charge of the Semin- 
 ary lands, protect them from waste or trespass, lease them from year 
 to year privately or at auction, collect and distrain for rents, eject 
 tenants, <k;c. 
 
 The Trustees are also to take charge of the fund to be obtained 
 from the distribution of proceeds of public lands, the Seminary fund 
 in the Territorial Treasury, and the rents, &;c ; and to lend out the 
 same on bond and mortgage of real estate, at 8 per cent interest 
 payable annually. 
 
 The Trustees are to receive no compensation for their services. 
 And are to make an annual report to the Governor and Council, of 
 their acts and doings, of the lands, funds, contracts, &c., &;c. 
 
 LOCATION OF SEMINARY LANDS. 
 
 On the 17th May, 1826. — Governor Duval reported to the Se- 
 cretary of the Treasury, that he had selected Township No. 5, in 
 Range 11, North and West, for the Township West of Apalachicola. 
 (See page 15). 
 
 1th April, 1827. — The Secretary of the Treasury approved this 
 selection, so far as it did not interfere with rights of pre-emption un- 
 der the law of 26th April, 1826. (See page 17). 
 
 (By the above pre-emption law more than 6,700 acres of the very 
 choicest lands were taken by various claimants, which, after deduct- 
 ing also the 16th section belonging to Common Schools, left for the 
 Seminary only 15,699,80 acres, instead of 23,040.) (See page 29). 
 
 l^th May, 1827. — Governor Duval, notified the Secretary of the 
 Treasury of further selections of the Seminary lands, under the act 
 of 1827, authorizing this to be done in sections. (See page 17). 
 
 Wi June, 1827. — The Commissioner of the Land Office, forward- 
 ed the approval of part of these selections, viz : of 3,570,50 acres 
 west of Apalachicola, and of 7,371,55 acres easi of that river. (See 
 page 18). 
 
 18//t September, 1828. — Governor Duval directed the locating 
 Agent, R. C. Allen Esq., to suspend further selections, awaiting the 
 decision of the Supreme Court in the case of the Forbes's grant. 
 
 (After a most diligent resort to every accessible source of infor- 
 
 
mation, (he Trustees are unable to ascertain all the selections that 
 were made by the Agent, Col. Allen. His letters to the Register of 
 the Land Office in Tallahassee, are presumed to have been destroyed 
 in the great fire in May, 1843.) 
 
 27^/1 May, 1844. — T. Baltzell and W. Anderson Esqrs., notified 
 the Secretary of the Treasury of two sections, (containing 1,278,63 
 acres,) Ibrming part of these old selections. (See page 25). 
 
 25;/t Septembe?; 1845. — The Commissioner of the General Land 
 Office, informed of the approval by the Secretary of the Treasury ot 
 these two sections. (See page 29). 
 
 (Some other sections are known to have been selected also as 
 Seminary Lands many years ago, and steps have been taken to ob- 
 tain the approval of the Secretary ot" the Treasury to these also.) 
 
 The whole quantity of Seminary lands, selected and approved un- 
 der the laws of 1823 and 1827, amounts to 27,920,48 acres ; a partic- 
 ular description of which will be found in the annexed statement, 
 marked (A.) 
 
 There remain to be selected and approved, in order to complete 
 the Township, " west of Apalachicola," 3,766,70 acres, and for the 
 township " east of the Apalachicola," 14,389,82 acres. Add to these 
 sums the quantity of the further grant in 1845, (46,080 acres), and 
 they make all together 64,240,52 acres of Seminary lands yet to be 
 located. 
 
 By the construction which the Secretary of the Treasury gives to 
 the act of 1827, the remaining sections to fill up the two townships 
 granted in 1823, must be made in bodies of a mile square. (See 
 page 24.) The law of 1845, is not very clear in its language, and 
 as no selections have yet been made under it, there is some uncer- 
 tainty what construction it will receive at the General Land Office. 
 If the old decision be persisted in, that an "entire township," means 
 a body of land six miles square, (deciding that a particular shape, 
 rather than a particular quanliiy is intended,) and that it must be lo- 
 cated so as to avoid interfering with pre-emption and other private rights 
 and claims of settlement, it is apparent that we must go into the 
 swamps or pine barrens, where the grant will be utterly valueless. 
 Surely on a review of the decision, it can require no very profound 
 argument to prove that a township, being six miles square, must con- 
 tain an area of thirty-six square miles or sections; and that, if one 
 of these sections (as the 16lh for common schools,) is taken out or 
 withheld, the other 35 do not form an " entire township ;" or, in 
 other words, that an " entire township" cannot be located in a square, 
 without repealing the general law reserving the 16th sections for 
 common schools. Even should a more just and liberal construction 
 be given, and these two townships be permitted to be located in sec- 
 tions, the selections cannot be as advantageously made as in smaller 
 bodies. For, besides the interference of private claims already al- 
 luded to, the nature of the country where these lands must be chosen, 
 is such tliat but few entire sections can be taken, without includino- 
 much worthless land. Congress certainly never meant to trifle 
 
with us by a gift of that which is of no value, and therefore will not 
 hesitate to authorize selections to be made even in quarter sections. 
 A precedent for this exists in the act of Congress of the 2d March, 
 1831, granting to Illinois the privilege of locating her seminary 
 lands in quarter sections. The same law also establishes another im- 
 portant precedent. It authorized Illinois to relinquish her "entire 
 township," and relocate in " quarter sections ;" and doubtless for the 
 reason that the larger body embraced much land of no value. 
 
 Florida ought to apply for a similar law. Township 5 N. R. 11 
 W., was selected chieiiy for the very lands afterwards taken away by 
 pre-emption. Many of these lands could have been since sold at 
 $20 per acre. While sections 20, 21, 25, 26, 27, 28, 29, 33, 34, 35 
 and 36, containing 6,961 acres, are of little or no value. There 
 are also parts of other sections in the township equally worthless. 
 
 The language of the law of 1845. is somewhat ambiguous as to 
 the location of the two additional townships. The phrase in the 
 last clause of the grant viz : " the one to be located east, the other 
 west of the Suwannee," may be referred to the "townships" as readi- 
 ly as to the " seminaries," although there is little doubt that the latter 
 was meant. It could not have been the intention of Congress to 
 confine the location of one of these townships to be made in a land 
 district where all the lands had been subject to private entry for 18 or 
 20 years. Yet, while seeking for further legislation in regard to these 
 donations, it will be better to have this doubt entirely removed. 
 
 The statement marked (B.) shows the amount of the seminary fund, 
 and in what it consists. It would seem proper that the Legislature 
 should designate some mode (probably by a committee) of auditing 
 the accounts of the board. 
 
 The sanction of that body is also respectfully requested to the ex- 
 penditure by the late President for the school libraries procured by 
 him, chiefly for the inspection of the members, and now placed in the 
 Legislative Library for that purpose. 
 
 The duties of an agent in each county containing seminary lands, to 
 lease, collect rents, protect from waste and trespass, &c., are arduous, 
 and sometimes unpleasant. These duties have hitherto been assigned 
 to different members of the board, and as the law provides that "the 
 Trustees shall receive no compensation for their services," there has 
 been some delicacy felt to make any charge for this agency. In two 
 of these cases, Mr. Barkley and Dr. White, it has cost much time and 
 troul)lo, and must continue to do so until some other disposition is 
 made of the lands, and it deserves the consideration of the Legislature, 
 whether it is sound policy to exact or expect the performance of very 
 onerous public duties without some remuneration. 
 
 The statement marked (C.) furnishes a list of lessees, and of the 
 rents to be paid by them for the present year. This statement will 
 further illustrate the troublesome nature of the agency, by showing 
 the number of persons with whom the agent has to transact business 
 during the year. 
 
 The Trustees believe that they only express the general sentiment, 
 
when they most respectfully urge upon the General Assembly, to take 
 the earliest and most efficient measures to have the location of the 
 seminary lands secured and placed on the best possible footing. The 
 most valuable lands that can, should be reserved for our seminaries of 
 learning, in preference to every other donation that Congress has 
 made to Florida. 
 
 Having thus, with great brevity, stated the past action of Congress, 
 and of our Territorial authorities, in regard to the seminary lands, 
 together with a suggestion or tvi^o of what is yet to be done, in order 
 to make the remaining locations in the most advantageous manner, 
 the Board will jiow venture a few remarks, as to the proper disposi- 
 tion of these lands. 
 
 The General Government evidently intended by this donation, to 
 create a permanent fund, to be inviolably preserved, and applied to 
 the purposes of education. And, as a guarantee. Congress has, in 
 every instance, restricted the States from the authority to sell or alien- 
 ate these lands, except under its own immediate sanction, exacting the 
 most solemn pledges for the faithful application of the fund. 
 
 'At present we have the right only to lease from year to year ; for 
 the act of Congress of 1836, (see F), although never formally 
 repealed, became inoperative, from the refusal of the Territorial au- 
 thorities to carry out its provisions. This Board, it is true, have but 
 a limited experience on the subject of leasing, but their opinion is 
 decidedly and unanimou.sly opposed to the system, both for general 
 expediency, and for the preservation and increase of the fund. If 
 lands are leased from year to year, or even for four or five years at a 
 time, no permanent or valuable improvements can be expected in 
 such short periods ; while the mode of culture, consumption of tim- 
 ber, &c., will all be on the most wasteful and extravagant scale. We 
 have too many examples of this, in the unprincipled destruction of 
 many of the finest school sections. Long leases, on the other hand, 
 are unsuited to the gem'us of our people, and often result in a state of 
 things greatly to be deprecated ; and of this we have abundant warn- 
 ing in the present condition of the anti-renters of Delaware and 
 New York. A third objection is, that a system of leasing invites and 
 encourages the least desirable class of population, and hence these 
 lands are often considered nuisances in the neighborhoods where they 
 lie. On the score of trouble and expense, in renewing leases, col- 
 lecting rents, and preventing waste, it must be evident that these 
 duties will be laborious and responsible, and their faithful performance 
 cannot be expected without adequate compensation. 
 
 The Trustees therefore respectfully recommend that application 
 be made to Congress for power to sell, and invest in some safe, pro- 
 ductive funds. And there can be no doubt that this power will be 
 readily conferred on Florida, as it has already been on the States of 
 Alabama, Indiana, Illinois, Michigan and Missouri. Indeed this 
 application for the right to sell, by nearly all the new States, is itself 
 the strongest argument in favor of that policy. When the right to 
 sell is conferred, let it be deposited with this Board, or other proper 
 
functionary, to be exercised under a sound discretion. Let the terms 
 of sale be liberal as to time, having the price well secured and bear- 
 ing interest. The Trustees believe that many of the lands already 
 located could be now sold to advantage ; and that the interest on such 
 sales will greatly exceed the rents that can be derived from the lands, 
 and will increase the fund much more rapidly than by any enhance- 
 ment of price which can be reasonably expected from holding the 
 lands. 
 
 The Board has ascertained that patents are not issued for these or 
 any other lands granted to the State by Congress. It is therefore 
 submitted for your consideration that the State ought to have some 
 higher evidence of title than a Commissioner's or Register's certifi- 
 cate. The law making the donation, fixes the quanlity, but does not 
 identify the location, or else that would be a sufficient grant. It would 
 seem therefore as necessary to have a jmtent to show that the Gene- 
 ral Government had conveyed its title in these lands, as it is in any- 
 other case. Congress will authorize this to be done upon the proper 
 application. 
 
 The Trustees ardently desire to see the cause of education occupy 
 a large share of the public attention, and would cheerfully contribute 
 all in their power by introducing the subject prominently in the pre- 
 sent report, did they not consider it more proper to confine themselves 
 to the more immediate object of their appointment, which is to secure 
 and enlarge the education fund, and thus laii broad the foundation upon 
 tohich all future success must rest. To divert the public mind from 
 these preliminary measures, and create the impression that we are 
 ready to embark upon some splendid scheme of public education, 
 would be most injudicious. Had the munificent donations of Con- 
 gress been properly secured, and faithfully managed for the last twenty 
 years, we might now have been in a position to introduce some sys- 
 tem of common education, as well as to begin with our Seminaries 
 of a higher order. But the commencement of these glorious mea- 
 sures must be a little longer deferred, while we content ourselves at 
 present, to avoid the reproach of those who foliov/ us, by our diligence 
 in securing a fund that shall be an honor to Florida, and adequate to 
 the education of her children in all time to come. 
 
 Here the Board will close their annual report on the Seminary 
 Lands and Funds under their care : but as your Excellency has re- 
 quested that the President should connect with it a statement of the 
 other donations of Congress, for a ^^ Seat of Government," " Common 
 Schools," and " Internal Improvements," so as to bring the whole 
 subject of our Purlic Laxds into one document, such statement is 
 hereto appended, with great pleasure, marked (D.) ; in which the sub- 
 jects are classed under their respective heads, closing with an aggre- 
 "■ate of the whole amount of locations that remain to be made, so far 
 as they are ascertained, while I have the honor to subscribe my- 
 self your Excellency's obedient servant, 
 
 BENJ. F. WHITNER, 
 President of Trustees of Seminary Lands. 
 
(A.) 
 
 Statement of Seminary Lands in Florida, located under Acts of Con^ 
 
 gress, M March, 1823, and 2Wi January, 1827. 
 
 " WEST OF APALACHICOL 
 
 A." 
 
 Quan. 
 
 " EAST OF APALACHICOLA." 
 
 Subdivisions. 
 
 Sec. 
 
 T. 
 
 Ransre 
 
 Subdivisions. 
 
 Sec. 
 
 T. 
 
 Range] Quan. 
 
 All. 
 
 1 
 
 5N 
 
 IIW 
 
 638 25 
 
 Fractional. 
 
 5 
 
 3N 
 
 3W 
 
 617 75 
 
 S i & N E 4 
 
 2 
 
 " 
 
 " 
 
 479 25 
 
 All. 
 
 7 
 
 " 
 
 cc 
 
 625 25 
 
 SE4 
 
 3 
 
 " 
 
 
 159 62 
 
 Si & N Wi 
 
 8 
 
 " 
 
 <' 
 
 478 69 
 
 N^ 
 
 4 
 
 " 
 
 
 319 37 
 
 All. 
 
 15 
 
 " 
 
 cc 
 
 640 75 
 
 Wi, Wi of N 
 
 6 
 
 ,j 
 
 <c 
 
 481 87 
 
 All. 
 
 17 
 
 " 
 
 " 
 
 641 00 
 
 Ei&WiSEi 
 
 
 
 All. 
 
 18 
 
 " 
 
 cc 
 
 619 25 
 
 All. 
 
 7 
 
 " 
 
 " 
 
 644 50 
 
 All. 
 
 22 
 
 cc 
 
 cc 
 
 639 25 
 
 SWi&WiSEi 
 
 8 
 
 " 
 
 " 
 
 240 IS 
 
 All. 
 
 23 
 
 " 
 
 'c 
 
 641 00 
 
 E^ of S Wi 
 
 9 
 
 " 
 
 " 
 
 79 84 
 
 All. 
 
 24 
 
 'C 
 
 cc 
 
 642 50 
 
 N W4 
 
 10 
 
 a 
 
 cc 
 
 1.59 81 
 
 AH. 
 
 17 
 
 2N 
 
 4W 
 
 639 50 
 
 NWI&SE4 
 
 12 
 
 " 
 
 " 
 
 320 25 
 
 Fractional. 
 
 29 
 
 " 
 
 'c 
 
 547 30 
 
 EJ of N W4 
 
 14 
 
 " 
 
 " 
 
 80 18 
 
 All. 
 
 30 
 
 " 
 
 " 
 
 639 2.5 
 
 El 
 
 1.5 
 
 " 
 
 " 
 
 320 00 
 
 Wi 
 
 13 
 
 1 S 
 
 5E 
 
 322 10 
 
 All. 
 
 17 
 
 " 
 
 " 
 
 641 25 
 
 Eh 
 
 14 
 
 cc 
 
 'C 
 
 320 10 
 
 All. 
 
 IS 
 
 " 
 
 " 
 
 643 50 
 
 Si 
 
 31 
 
 " 
 
 cc 
 
 322 20 
 
 All. 
 
 19 
 
 «' 
 
 " 
 
 643 75 
 
 Ni 
 
 
 
 2S 
 
 cc 
 
 314 23 
 
 All. 
 
 20 
 
 (C 
 
 fc 
 
 639 75 
 
 
 S^ & N Wi & 
 
 21 
 
 ^^ 
 
 <c 
 
 559 56 
 
 " East of Apalachicola," 8,650 18 
 
 WiofNEi 
 
 
 
 
 " West of Apalachicola," 19,270 30 
 
 SWi 
 
 22 
 
 
 '« 
 
 160 GO 
 
 
 Si 
 
 23 
 
 
 " 
 
 321 00 
 
 Total approved by Sec'y. 
 
 Si & N W4 
 
 24 
 
 
 
 479 62 
 
 of the Treasury, 27,920 48 
 
 All. 
 
 2.5 
 
 
 
 639 .50 
 
 
 All. 
 
 2G 
 
 
 <c 
 
 640 00 
 
 
 All. 
 
 27 
 
 
 « 
 
 639 25 
 
 
 All. 
 
 28 
 
 
 «« 
 
 640 25 
 
 
 All. 
 
 29 
 
 
 " 
 
 639 50 
 
 
 All. 
 
 30 
 
 
 cc 
 
 644 50 
 
 
 All. 
 
 31 
 
 
 cc 
 
 641 50 
 
 
 All. 
 
 32 
 
 
 cc 
 
 639 50 
 
 
 All. 
 
 33 
 
 
 cc 
 
 640 25 
 
 
 All. 
 
 34 
 
 
 cc 
 
 641 25 
 
 
 All. 
 
 35 
 
 
 cc 
 
 641 75 
 
 
 All. 
 
 36 
 
 
 cc 
 
 641 00 
 
 
 Fractional. 
 
 14 
 
 4N 
 
 7<c 
 
 545 00 
 
 
 All. 
 
 23 
 
 
 7" 
 
 641 50 
 
 
 Fractional. 
 
 24 
 
 
 7" 
 
 .542 75 
 
 
 All. 
 
 18 
 
 3N 
 
 9" 
 
 642 50 
 
 
 Ni&SW4& 
 Ei of SE 4 
 
 G 
 
 5N 
 
 10" 
 
 558 25 
 
 
 All. 
 
 14 
 
 
 10" 
 
 640 50 
 
 
 
 i\CRES, 
 
 19, 
 
 270 30 
 
 
8 
 
 (B.) 
 Statement of Seminary Funds. 
 
 Amount paid into the General Fund of the Territorial 
 
 Treasury for rents of 1829, - . . $55 35 
 
 Amount paid into the School Fundo^ the Territorial 
 
 Treasury for rents of 1831 and 1832, - - 85 25 
 
 Received from distribution of sales of public lands, as re- 
 ported last year, - . . 1736 29 
 
 Leases for 1844, in Gadsden county, collected by 
 
 Dr. White, f 120 00 
 
 Do yet due, 218 00—338 00 
 
 Leases for 1845, in Gadsden county, - 572 00 
 
 Do 1844 and 1845, in Jackson county, - 112 00 
 
 2,898 89 
 
 These Funds are disposed of as follows : 
 
 In the General Fund, in Territorial Treasury, $55 35 
 
 In the School Fund, in Territorial Treasury, consis- 
 ting of Territorial Scrip and Bank of Florida bills, 85 25—140 60 
 
 Loaned, 27th Dec, 1844, at 8 per cent, on mortgage of 
 real estate, - - 
 
 Paid for blank leases, &;c.. 
 
 Paid for postages, paper and blank book, in 1844, 
 
 In the hands of T. Baltzell Esq.,* 
 
 Paid for postages, paper and blank books, in 1845, 
 
 Amount yet due in Gadsden, on leases for 1844 and 1845, 
 do in Jackson, do do do, 
 
 Cash in hands of the President of the Board, 
 
 $2,898 89 
 
 * Judge Baltzell has a charge for professional services unadjusted. He had 
 also purchased two setts of the New York School Library, as stated in his last 
 annual report, at a cost of $41 75, an expenditure which will doubtless meet 
 with general approbation, but which requires the sanction of the Legislature 
 before it can be properly brought into the account. 
 
 1,653 
 
 36 
 
 5 
 
 00 
 
 3 
 
 37 
 
 74 
 
 56 
 
 4 
 
 15 
 
 ), 790 
 
 00 
 
 112 
 
 00 
 
 115 
 
 85 
 
(C.) 
 Slafement of Lessees and Rents of Seminary Lands for 184' 
 
 IN GADSDEN COUNTY. 
 
 JVames of Lessees. 
 
 Price. II J^atnes of Lessees. 
 
 Price. 
 
 Peter Wiley, 
 George W. Phillips, 
 Joseph H. Sylvester, 
 William Edwards, 
 Charles S. Sibley, 
 David W. Ilolloman, 
 Thomas Wren, 
 Harris T. Wyatt, 
 William S. Guiin, 
 A. R. Ransome, 
 Edward J. Thomas, 
 William B. Seely, 
 John R. Hayes, 
 William E. Howell, 
 R. S. Tucker, 
 13. J. Lambert, 
 
 20 
 
 00 
 
 25 
 
 00 
 
 25 
 
 00 
 
 2 
 
 00 
 
 10 
 
 00 
 
 20 
 
 00 
 
 15 
 
 00 
 
 10 
 
 00 
 
 75 
 
 00 
 
 10 
 
 00 
 
 1 
 
 00 
 
 7 
 
 00 
 
 12 
 
 00 
 
 8 
 
 50 
 
 30 
 
 00 
 
 20 
 
 00 
 
 290 
 
 50 
 
 Thomas J. Cain, 
 A. H. Campbell, 
 John Buie, Sen., 
 Jesse Williams, 
 Samuel Woodbury, 
 Alexander Campbell, 
 Solomon Owens, 
 William E. Kilcrest, 
 Elijah Watson, 
 R. K. Shaw, 
 Alonzo H. Alley, 
 Uz Williams, 
 John Mcllllily, 
 Eliz. McLaucblan, 
 
 Total, 
 
 IN JACKSON COUNTY. 
 
 J. G. Roulhac, rent free, 
 J. G. Russ, " " 
 
 Hugh Speare, 
 J. W. Russ, (nominal,) 
 .lames E. Coulette, 
 James P. Coulette, 
 
 00 
 
 00 
 
 00 
 
 00 
 
 17 
 
 50 
 
 1 
 
 00 
 
 4 
 
 00 
 
 12 
 
 00 
 
 34 
 
 50 
 
 :^o 
 
 00 
 
 25 
 
 00 
 
 25 
 
 00 
 
 10 
 
 00 
 
 15 
 
 00 
 
 8 
 
 00 
 
 6 
 
 00 
 
 ^0 
 
 00 
 
 20 
 
 00 
 
 20 
 
 00 
 
 12 
 
 50 
 
 25 
 
 00 
 
 20 
 
 00 
 
 35 
 
 00 
 
 281 
 
 50 
 
 290 
 
 50 
 
 $572 00 
 
 T. M. White, 77 50 
 
 J. C. Lester, (no contract) 00 00 
 
 77 50 
 34 50 
 
 $112 GO 
 And one case where possession 
 must be recovered by law. 
 
10 
 
 (D.) 
 SEAT OF GOVERNMENT. 
 
 24:th May, 1824 — Congress granted one quarter section for the 
 Seat of Government, and authorized it to be laid out and sold ; also 
 directed 3 contiguous ^ sections to be selected and reserved from 
 sale. (See L.) 
 
 8th February, 1827 — Congress authorized the sale of one of these 
 J sections, the other two to be reserved, until Florida becomes a State . 
 (See K.) 
 
 2d, March, 1829 — Congress designated six ^ sections (besides the 
 one laid off for the seat of government) as granted to Florida, two 
 of these, with a reserve at the Avater fall, to l^e reserved for and ves- 
 ted in the State, the rest authorized to be sold. (See H.) 
 
 Sd March, 1845 — Congress granted "eight entire sections," "for 
 the purpose of fixing the seat of government." (See E .) 
 
 SCHOOL LANDS. 
 
 2d March, 1845 — Congress granted "section 16 in every township,'* 
 " or other lands equivalent thereto," " for the use of the inhabitants 
 of such township, for the support of public schools." (See E.) 
 
 15//i June, 1844 — ^Congress granted the power, where IGth sec- 
 tions are included in private claims, to select other adjacent lands, 
 within the land district, which have been ofTered at public sale and 
 remain unsold. (See G.) 
 
 20th May, 1826 — Congress provided for the selection of other 
 lands, for fractional townships, where there are no 16th sections. — ■ 
 (See I.) 
 
 Note. — Congress, by act of 2d March, 1827, authorized the State 
 of Alabama, with the consent of the inhabitants of each township, 
 to sell the 16th sections, and invest the proceeds in some permanent 
 fund, so that each township shall have the interest of the proceeds of 
 its own section ; and where this is insufficient to support a school, 
 the fund is to accumulate until it is sufficient. 
 
 And by act of 26 February, 1845, Alabama was further authorized 
 to select other lands, in lieu of 16th sections, reserved or otherwise 
 disposed of by Congress, " in sections, half sections, quarter sections, 
 or previously defined fractions." 
 
 It is deemed unnecessary to recapitulate the various acts of the 
 Legislative Council respecting the School Lands, and it would greatly 
 extend this communication, already become quite voluminous. 
 
 As far as could be conveniently ascertained, there are one hundred 
 and fifteen townships in Florida (some of them fractional) within the 
 surveys already made, where the 16th sections are covered by pri- 
 vate claims regularly established by law. Of these, 35 are believed 
 to be west of the Apalachicola ; 44 between the Apalachicola and 
 Suwannee, and 36 east of Suwannee. 
 
11 
 
 INTERNAL IMPROVEMENTS. 
 
 ith September, 1841 — Congress granted to each new State (enu- 
 inerated or hereafter admitted into the Union) 500,000 acres, for pur- 
 poses of internal improvement, the selection to be made within its 
 limits in such manner as the Legislature shall direct, to be located 
 in parcels of not less than 320 acres each, on any public lands not 
 specially reserved, as soon as surveyed. (See J.) 
 
 DONATIONS OF PUBLIC LANDS TO BE LOCATED. 
 
 For two Seminaries of Learning, 64,240 52 acres. 
 
 Seat of Government, 5,120 00 " 
 
 Sixteenth Sections (taken by ;privateclaiffis) 73,600 00 " 
 Internal Improvements, 500,000 00 " 
 
 Total, 642,960 52 
 
 LAWS OF CONGRESS REFERRED TO. 
 
 (E.) Act. of Zd March, 1845, 
 
 An Act supplemental to the act for the admission of Florida and Iowa 
 into the Union, and for other purposes. 
 Section 1. Beit, enacted by the Senate and House of Representa- 
 tives of the United States of America in Congress assembled, That in 
 consideration of the concessions made by the State of Florida, in re- 
 spect to the public lands, there be granted to the said State, eight 
 entire sections of lands for the purpose of fixing their seat of govern- 
 ment ; also section numijcr sixteen in every township, or other lands 
 equivalent thereto, for the use of the inhabitants of such township, for 
 the support of public schools ; also, two entire townships of land, in 
 addition to the two townships already reserved, for the use of two 
 seminaries of learning — one to be located east and the other west of 
 the Suwannee river-; also, five per centum of the nett proceeds of the 
 sale of lands within said State, which shall be hereafter sold by Con- 
 gress, after deductiBg all expenses incident to the same ; and which 
 said nett proceeds shall be applied by said State tor the purposes of 
 education. 
 
 (F.) Act of 1st July, 1836. 
 
 An Act to authorise the Governor and Legislative Council of the 
 
 Territory of Florida to sell the lands heretofore reserved for the 
 
 benefit of a general senRinary of learning in said Territory. 
 
 Section 1. Be it enacted by the Senate and Heuseof lleprcsenta- 
 
 tivcs of tlie United States of America in Congress assembled. That 
 
 the Governor and the Legislative Council of the Territory of Florida, 
 
 shall be, and they are hereby authorized to sell and convey, in fee 
 
 simple, for the benefit of the University of Florida, of which Joseph 
 
 M. White, R. K. Call, Thomas Randall, John G. Gamble, Thomas 
 
 Eston Randolph, Louis M. Goldsborough, Ben. Chaires, Turbutt R, 
 
 ■Betton, F. Epps, E. Loockerman, Fitch VV. Taylor, J. Loring Woart^ 
 
12 
 
 Ashbell Steele, and J. Edwin Stuart, are trustees, any part not ox- 
 needing one half of the two townships of land heretofore reserved 
 and appropriated by Congress for the establishment and support 
 of a seminary of learning in the Territory of Florida, and to appro- 
 priate so much of the money arising from the sale thereof as may be 
 deemed expedient, tor the erection of commodious and durable build- 
 ings for said University, for the purchase of apparatus, and whatever 
 else may be suitable for such University ; and to invest the remainder 
 ill some productive funds, the proceeds of which shall be devoted tbr- 
 ever, to the benefit of said University of Florida. 
 
 (G.) Act of loth June, 1844. 
 
 An Act to authorize the selection of certain School Lands in the Ter- 
 ritories of Florida, Iowa and Wisconsin. 
 
 Section 1. Be it enacted by the Senate and House of Refresenta- 
 iives of the United States of America in Congress assembled, 'J'hat 
 wherever the sixteenth sections in said Territories, either in whole or 
 in part, are now or may hereafter be included in private claims, held 
 by title confirmed or legally decided to be valid and sufficient, other 
 lands equivalent thereto, within any land district in said Territories 
 most adjacent to said lands so taken up by private claims, " which 
 have been olibred at public sale, and remain unsold," may be selected 
 in lieu thereof, under the direction of the Secretary of the Treasury; 
 and the lands so selected shall be entered in the office of the register 
 of the land district in which they may lie, and be by such register re- 
 ported to the Commissioner of the General Land Office as School 
 lands selected under this act : Provided, That before making any 
 entry of such other lands, the case shall be made out to the satisfac- 
 tion of the register and receiver of said district, agreeably to rules to 
 be prescribed by the Commissioner of the General Land Office, for 
 the purpose of showing that the sixteenth section or part thereof, has 
 been included in the manner above mentioned. 
 
 (H.) Act of 2nd March, 1829. 
 
 An Act to authorize the establishment of a Town on land reserved for 
 
 the use of Schools ; and to direct the manner of disposing of certain 
 
 reserved quarter sections of land for the Seat of Government of 
 
 Florida. 
 
 Sec. 2. And be it further enacted. That the following quarter see- 
 tions of land which have been heretofore reserved iVom sale, to wit : 
 The north-east and north-west quarters of section thirty-six in town- 
 ship one, R. one north and weit, the north-east, soiith-west and south- 
 cast quarters of section one in township one of range one south and 
 Avest; and the south-west quarter of section six in township one of range 
 one south and east, shall be granted to the Territory of Florida. 
 
 Sec. 3. Aiul be it further enacted. That the Governor and Legis- 
 lative Council of Florida or a majority of them be, and arc hereby 
 authorized to select any two ol' the aforesaid (]uarter su'ctions of land, 
 
13 
 
 to be reserved tor and vested in the State, should the Territory ol" 
 Florida ever be erected into one, in contbrmity to the provisions of 
 the fourteenth section of the act passed on the eighth of Feliruary, one 
 thousand eight hundred and twenty. seven ; and the residue of tlic 
 above described quarter sectionsof land or any part thereof, including 
 so much of the north-east quarter of section one, in township one of 
 range one south and west, contiguous to (he creek and water fall, as 
 shall not be reserved agreeable to the provisions of the act above 
 mentioned, tor the town of Tallahassee, shall be sold in such manner, 
 and at such time as the Governor and Legislative Council of Florida 
 may deem proper, and the proceeds applied to the erection of public 
 buildings in Tallahassee, any act or acts to the contrary notwith- 
 standing. 
 
 (T.) Act of 201 h Mai/, 1826. 
 
 An Act to appropriate Lands for the support of Scliools in certain 
 Townships and fractional Townships not before provided for. 
 
 Sec. L Be if. enacted hy the Senate and House of Representatives 
 of tli.e United States of America, in Congress assembled, That to 
 make provision tor the support of Schools, in all Townships or frac- 
 tional Townships, for which no land has heretofore been appropria- 
 ted for that use, in those States in which section number sixteen, or 
 other land equivalent thereto, is by law directed to be reserved for 
 the support of Schools in each Township, there shall be reseived 
 and appropriated, for the use of Schools, in each entire Township 
 or fractional Township, for which no land has been heretofore ap- 
 propriated or granted for that purpose, the following quantities of 
 land, to wit: — for each Township or fractional Township, contain- 
 ing a greater quantity of land than three quarters of an entire Town- 
 ship, one section; for a fractional Township, containing a greater 
 quantity of land than one half, and not more than three quarters of a 
 Township, three quarters of a section ; for a fractional Township, 
 containing a greater quantity of land than one quarter, and not more 
 than one-half of a Township, one-half section ; and for a fractional 
 Township, containing a greater quantity of Land than one entire 
 section, and not more than one quarter of a Township, one quarter 
 section of land. 
 
 Sec. 2. And be it further enacted. That the aforesaid tracts of 
 Land shall be selected by the Secretary of the Treasury, out of any 
 unappropriated public land within the Land District where the 
 Township for which any tract is selected may be situated ; and, 
 when so selected, shall be held by the same tenure, and upon the 
 same terms, for which the support of Schools, in such Townships, 
 as section number sixteen, is or may be held, in the State where 
 such Townahip aliall be ailualcd. 
 
14 
 
 (J.) Act of ilk Sevtewler, 1841. 
 
 AN ACT to appropriate the proceeds of the Entry of Public Lands, 
 and to grant Pre-emption Rights. 
 Sec. 8. And he it further enacted, That there shall be granted to 
 •each State specitiej in the first section of this act, five hundred 
 thousand acres of land, for purposes of Internal Improvement : Pro- 
 vided, That to each of ihe said States which has already received 
 grants for said purposes, there is hereby granted no more than a 
 (piantity of land whicli shall, together with the amount such State 
 has already secured as aforesaid, make five hundred thousand acres, 
 the selections in all of the said States, to be made within their limits 
 respectively, in such manner as the Legislature thereof shall direct ; 
 and located in parcels conformably to sectional divisions and sub- 
 divisions, of not less than three hundred and twenty acres in any 
 one location, on any jTublic land except such as is or may be re- 
 served from sale by any law <?C Congress, or Proclamation of the 
 President of the United States, which said locations may be made 
 at any time after the lands of the United States in said States re- 
 spectively, shnll have been surveyed according to existing laws* 
 And there shall be, and hereby is, granted to each new State that 
 shall be hereafter admitted into the Union, upon such admission, so 
 much land as, including such quantity as may have been granted to 
 such State before iis admission, and while under a Territorial Gov- 
 ernment, for purposes of Internal ImprovemeRt as aforesaid, as shall 
 make five hundred thousand acres of land, to be selected and locat- 
 •ed as aforesaid. 
 
 (K.) Act of 8th February, 1827. 
 
 AN ACT to provide for the confirmation and settlement of private 
 land claims in East Florida, tmd for other purposes. 
 
 Sec. 14. And be it further enacted^ That it shall be lawful for the 
 Governor and Legislative Council to s'cll ofre of the reserved quar- 
 ter sections of land near Tallahassee, and apply the proceeds to the 
 ■erection of public buildings ; and it shall be lawful for tiiem to re- 
 serve such portion '»f tlKj quarter section to tire town of Tallahas- 
 see, contiguous to the creek and waterfall, as may, in their opinion, 
 contribute to the health and convenience of the inhabitants ; and 
 they shall have power to pass laws for the preservation of, and ex- 
 pulsion from, the other two reserved quarter sections, all intruders, 
 and to abate all nuisances ; whi-ch said two reserved quarter sec- 
 tions shall be reserved for, and vested in, the Stale, should that 
 Territory ever be erected into one. ^ 
 
 (L.) Act of 24//t Alay, 1824. 
 
 AN ACT providing for a grant of land for the seat of Governmenl 
 in the Territory of Florida, and for other purposes. 
 Sec. 1, Be it enacted by the Senate and House of Representatives 
 
15 
 
 of the United States of America in Congress Assembled, That there 
 shall be, and hereby is, granted to the Territory of Florida, one en- 
 tire quarter section of land, or fractional section, not exceeding in 
 quantity one quarter section, for the seat of Government in that 
 Territory, to be located previously to the sale of the adjacent lands, 
 under the authority of the Governor thereof, at the point selected 
 for the permanent seat of Government for said Territory. 
 
 Sec. 2. And be it further enacted, That the Governor and Legis- 
 lative Council of the Territory aforesaid, or a majority thereof, be, 
 and they are hereby, authorized to adopt such measures as to them 
 may seem expedient, for the sale of said tract of land, or any part 
 thereof, for the purpose of raising a fund for the erection of public 
 buildings at said seat of Government. 
 
 Sec. 3. And be it further enacted. That there shall be and here- 
 by are reserved from sale three entire quarter sections of lands of 
 the United Stales, lying contiguous to and adjoining the quarter 
 section granted by the first section of this act, to be located by the 
 Governor of said Territory. 
 
 Sec. 4. And be it further enacted, That so much of the seventh 
 section of the act of Congress of the third of March, one thousand 
 eight hundred and twenty three, entitled "■ An act amending and 
 suj)plementary to the act entitled ' An act to provide for the sur- 
 vey and disposal of the public lands in Florida,'" as prevents the 
 appointment of a surveyor for Florida until the commissioners shall 
 have decided and reported on the private claims in said Territory, 
 be, and the same is hereby repealed ; and the Eastern and Wes- 
 tern land districts in said Territory shall be divided and separated 
 by the Suwannee river, and not by the ancient line of division be- 
 tween the provinces of East and West Florida, as prescribed by 
 the eighth section of the act aforesaid. 
 
CORRESPONDENCE 
 
 RELATIVE TO 
 
 SEIINAHY & SCHOOL LANDS. 
 
 Executive Office, Florida, ) 
 Capitol, Tallahassee, Sept. 4, 1845. ^ 
 
 Sir : — The People of Florida having just organised their State 
 Government, desire to have the 16th Sections, appropriated by Con- 
 gress for the use of the inhabitants of each Township, applied as far 
 as practicable to the objects of the donation. I refer you to the 
 Acts of Congress, relating to these 16th Sections in Florida. Act of 
 3rd of March, 1823, section 10, refering to general land laws, and 
 of 3rd March, 1845. Also, the Acts of May 20th, 1820, vol. 7, 
 No. 491, and of June 15th, 1844, Chapter 55. 
 
 There are many fractional townships in which there are no 16th 
 sections in this State — the case provided for by the Act of 1820. 
 There are many cases where the 16th sections is included in whole 
 or in part, in private claims confined to the claimants ; the case pro- 
 vided for in the Act of 1844. 
 
 I wish to be informed how you have decided to select " the other 
 adjacent lands," as allowed by the Act of 1844 ; by what agent — 
 and when, and who will pay him, &c. I would respectfully ask, 
 also, what mode of selection is to be pursued in the cases included in 
 the Act of 1826. I have to-day enclosed you a copy of all the Acts 
 of the State Legislature, at the last Session, by which I was direc- 
 ted to have those lands given in lieu of the 16th Sections covered by 
 private grants, &c., located forthwith. I have deferred the selec- 
 tion of an Agent, till I hear from you. 
 
 It is highly important that the State Government, should be ad- 
 vised fully of the decisions and rules of the General Government on 
 this subject — the action of the State Legislature, may harmonize 
 with them, and I would earnestly solicit of you to render me full 
 information necessary in this instance for me to act advisedly. There 
 will be at least thirty sections to locate in Middle Florida, in lieu of 
 those 16th Sections included in the private grants called the Forbe's 
 Purchase claim ; and the inhabitants of the Forbe's Purchase are 
 anxious they should be located. There are also, many cases of pri- 
 vate claims in East Florida, and I learn some in the West, making 
 this subject one of no ordinary merit. 
 
 I would respectfully make similar suggestions in regard to the 
 selection of an Agent to locate these lands, to those I have made 
 
 /' 
 J 
 
with respect to the seminary lands in another letter I addressed you 
 to-day. 
 
 I am, very respectfully, 
 
 Your ob't servant, 
 
 W. D. MOSELEY, 
 
 Gov. of Florida. 
 Hon. R. J. Walker, 
 
 Secretary Treasury. 
 
 General Land Office, } 
 
 September 16th, 1845. ^ 
 Sir :— Your communications of the 4th inst., to the Secretary of 
 the Treasury, on the subject of Seminary and School Lands for the 
 State of Florida — having been referred by the Secretary, to this of- 
 fice — I have the honor to acknowledge their receipt, and to inform 
 you that they will receive immediate attention ; and the copies de- 
 sired, be prepared and transmitted at the earliest practicable period. 
 In the mean time, I would state, in reference to the " appointment 
 and compensation of a Locating Agent," that, with regard to the 
 Seminary locations, under the Act 3rd March, 1823, Messrs. Balt- 
 gell, Anderson and Cooper, were informed on their appointment by 
 Secretary Spencer, in March, 1844, "that no provision having been 
 made by Congress for compensation, for the service above specified, 
 none can, of course, be allowed by this Department," and that the 
 act of 3rd March, 1845, granting two additional Townships, for 
 the same purpose, is also silent on this subject. 
 
 With regard to School selections, under the act of 20th May, 1826, 
 I enclose you a copy of the Circular from this office, of 30th August, 
 1832, from which you will perceive, that " School Committees, Trus- 
 tees, or other authority having official cognizance over the School 
 lands," are permitted " to recommend the selections," and that in 
 case of failure on their part to do so, the Registers and Receivers, 
 are directed to make and report selections. 
 
 I am, sir, with great respect, 
 Your ob't serv't, 
 (Signed) JAMES SHIELDS. 
 
 Commissioner. 
 His Excellency, W. D. Moseley, 
 
 Governor of Florida, 
 
 Tallahassee. 
 
 Circular to Registers 6f Receivers of the United States' Land 
 
 Offices. 
 
 General Land Office, } 
 30th August, 1832. \ 
 Gentlemen : — The Act of Congress, passed on the 20th May, 
 1826, entitled. An Act to appropriate lands for the support of Schools 
 in certain townships, and fractional townships, not before provided 
 
for, " authorizes the Secretary of the Treasury, to make the intend- 
 ed selections on the following principles, viz : 
 
 For each township or fractional township, containing a greater 
 quantity of land than three quarters of an entire township of land, 
 (that is to say more than 17,280 acres,) 07ie section is to be reserved. 
 
 For each fractional township, containing a greater quantity of 
 land than owe half, and not more than three quarters of a township, 
 (that is to say, more than 11,520 acres, and less than 17,280 acres,) 
 three quarters of a section are to be reserved. 
 
 For each fractional township containing a greater quantity of land 
 than one quarter, and not more than one half of a township, (that is 
 to say, more than 5,760 acres, and not more than 11,520 acres,) a 
 half section is to be reserved. 
 
 For each fractional township containing a greater quantity of land 
 than one entire section, and not more than one quarter of a toivnship, 
 (that is to say, more than 640 acres, and not more than 5,760 acres,) 
 one quarter section is to be reserved. 
 
 In order to effect the intentions of this Act, a circular letter was 
 addressed from this office on the 24th May, 1826, to the Registers and 
 Receivers of the respective Land Districts, requiring them to make 
 a report of such lands as they recommended to be reserved for the 
 object, but as that circular was not accompanied by a prescribed form 
 for reports, there have been a diversity of forms adopted by the dif- 
 ferent offices. 
 
 Herewith is transmitted a supply of printed forms, agreebly to 
 ■which you are requested to make your reports. 
 
 As these forms are designed to secure uniformity in all the pro- 
 ceedings under the law, both past and future, you are requested first 
 to report to this office all the selections under the law, Avhich have 
 hitherto been reported from your district, of the approval of which 
 you have been advised by this office, and also those heretofore re- 
 commended, which have not yet been sanctioned. 
 
 You are therefore requested to embrace in one report, to be mark- 
 ed No. 1, all the selections recommended up to the date of such re- 
 port, discriminating those selections, of the approval of which you 
 have been notified by this office, by a reference to the letter advising 
 you of their approval. 
 The following general rules are prescribed for your government : 
 
 First. — Where the lands have not been offered at public sale, 
 the selections are to be made prior to the sale. The School Com- 
 mittees, Trustees, or other authorit} having official cognizance over 
 the school lands, may be permitted to recommend the selections. To 
 enable them to do so, it may be proper that you give public notice to 
 those authorities, that on or prior to a certain day, which you will ap- 
 point, recommendations will be received from them of school selec- 
 tions for certain townships, which townships it will be necessary 
 specially to designate in your notice. It is to be borne in mind, how- 
 ever, that no expense whatever will be incured in the publication of 
 
such notices. If the school authorities should fail to make any re- 
 commendations, you will report your own selections. 
 
 Second. — The quantity of school land selected for a township is to 
 be located within the limits of such townships, provided a sufficient 
 quantity of good land exists therein. If you are satisfied that 
 a sufficient quantity of good land cannot be found therein, the selec- 
 tion is to be made in the nearest adjacent township wherein good 
 land evists. 
 
 Third. — Where a portion of the section No. 16, exists in a town- 
 ship, the balance of the quantity to which the township is entitled, 
 under the Act of 10th May, 1826, is to be selected. 
 
 Fourth. — -The selections of a section, three quarters of a section or 
 half section, for any one township, are to be made in one body of 
 land, if practicable ; if not, in separate quarter sections. A less 
 quantity than one quarter section is not to be taken. Fractional sec- 
 tions are to be excluded, except in cases where a portion of the sec- 
 tion No. 16, exists in the township, and a selection has to be made 
 of the balance of the quantity of land to which such township is en- 
 titled, and where the quantity cannot be located on a quarter or half 
 quarter section, in such cases only, may fractional sections or parts of 
 fractional sections be taken, according to the legal subdivisions, to 
 make up the deficiency in quantity, as nearly as practible. 
 
 Fifth. — Fractional townships created by Indian reservations, are 
 not to be understood as coming within the meaning of the act, as, 
 when the township is completed, it will then have its proper school 
 lands. 
 
 Sixth. — You will be careful to note, by a pencil mark in your tract 
 book, and on the plot of the townships, the lands recommended to be 
 reserved under the act, and icithhold them from sale, until you are of- 
 ficially advised either of their approval or rejection. 
 
 When advised of the approval of such selections, you will note in 
 ink, the fact of the reservation, making the object, thus : — In the tract 
 book say, " Reserved for Schools under Act of 20th May, 1826, per 
 
 letter of from the Commissioner of the General Land Office." 
 
 On the plot say, "School Lands." In case of the rejection of a 
 proposed selection, you will not fail to obliterate the pencil marks on 
 the tract book and plot. 
 
 Seventh. — You will not fail to retain a copy of the Report or Re- 
 ports rendered to this office, in the printed forms, and when advised of 
 the approval, you are required to note the fact thereon, and refer to 
 the date of the letter communicating such advice. 
 I am respectfully, 
 Gentlemen, 
 Your ob't serv't, 
 (Signed,) ELIJAH HAYWARD, 
 
 Commissioner. 
 To the Register and Receiver, 
 
 the Land Office at 
 
Circular to Registers and Receivers of the U. S. Land Offices. 
 
 Genaral Land Office, } 
 May 17th, 1844. \ 
 Gentlemen : — Should there exist in your land district any in- 
 stances where the 16th Sections, usually set apart for school purposes, 
 is interfered with in any township or fractional township, either 
 wholly or partially, by private confirmed claims or donations, you 
 are to regard such townships or fractional township, as entitled to a 
 selection for the use of Schools, of other lands in the district under 
 the provisions of the Act of Congress, approved May 20th, 1826, 
 entitled, " An Act to appropriate lands for the support of schools in 
 certain townships, and fractional townships not before provided tor," 
 the Secretary of the Treasury having recently rescinded the tenth 
 paragraph of the instruction contained in the printed Circular of 
 May 30th, 1832, in relation to School Lands under the Act afore- 
 said which is adverse to the decision now given. 
 
 The selections of School Land herein intended, are to be made 
 underthe rules prescribed in the Circular referred to. 
 
 Very respectfully. 
 
 Your ob't serv't, 
 (Signed,) THO. H. BLAKE, 
 
 Commissioner. 
 
 Extract of a Copy of a letter from the Hon. John C. Spencer, ISe- 
 cretary of the Treasury, dated " Treasury Department, March 
 SOth, 1844," addressed to '^ Thomas Baltzell, Esq., Tallahassee, 
 Walker Anderson, Esq., Pensacola, Jas. G. Cooper, Esq., 
 Nassau Co. E. Florida," Agents of the Department to complete 
 the selection of land, which the Secretary of the Treasury is au- 
 tliorised by the llth Section of the Act of Congress, providing for 
 the Survey and disposal of the public lands in Florida, approved 
 'id March, \S'2Z, to locale and reserve from sale for the use of a 
 Seminary of Learning in Florida. 
 '•Li making the selections, it is of course to be understood that 
 
 you are not to interfere with the rights of preemptors, or those who 
 
 have made improvements, with a view of becoming purchasers of 
 
 the land." 
 
 I certify that the foregoing is a true copy from the files of this 
 
 office. 
 
 (Signed,) THO. J. HODSOxN, Register. 
 Tallahassee, Fla., March 10, 1845. 
 
 Executive Office Florida, ) 
 Tallahassee, Sept. 4, 1845. ^ 
 Sir : — I deem it my duty to ask your attention to the situation of 
 the lands given to this State by the U. S., for an University or 
 Seminaries of Learning. 
 
 I refer you to the Acts of Congress of 3d March, 1823, Vol. 7, 
 
L. U. S., No. 148, Sec. 11, of Jan. 29th, 1827, Vol. 7. No. 53S, 
 Sec. 1, and of March 3d, 1845, chapter 75, Sec. 1. 
 
 The records and files of the proceedings of the Executive of the 
 Territory of Florida, do not furnish me with certain, and definite in- 
 formation in relation to these lands ; nor am I fully satisfied as tc the 
 certainty of that which I have been enabled to obtain from the offices 
 of the Register and Receiver of the Land Office at this place. 
 
 Will you be good enough to have an examination made of the files 
 and records of the Treasury Department, and of the Land Office, 
 for the correspondence between the Governor of Florida Territory, 
 and Mr. R. C. Allen, Agent for locating these lands in 1828, and 
 Mr. Secretary Crawford, and Mr. Secretary R.ush, and other former 
 Secretarys of the Treasury, since their times; and likewish with 
 the Commissioners of the Land Office, on the subject of these lands ; 
 and have me furnished with copies, or at last memor'd of the con- 
 tents of such correspondence. This matter is of the highest impor- 
 tance to the State, and it is very desirable to know what locations 
 have certainly been made, and what approved by the Treasury, and 
 that patents issue forthwith to the State for such locations. Informa- 
 tion as to what selections have been made, and not yet approved by 
 the Treasury, are also wished. It is desired that the residue of these 
 lands yet unlocated or approved, may be selected and located, and 
 patented in the name of the State of Florida, for the uses designated 
 in the Acts of Congress, as soon as possible. An Act of the State 
 Legislature at its late Session, directed this to be done under my 
 direction. Proposals for a locating agent were advertised, (note, act 
 and copy of advertisement enclosed.) and various offers have been 
 made. Since then. I have ascertained that as it respects these lands 
 for Seminaries of Learning, the Secretary of the Treasury of the 
 U. S., has the control of the location, and I have therefore deferred 
 making any selection of an agent, till I hear from you. It is impor- 
 tant to the State, that such location should be made forthwith. 
 
 Sales of the most valuable lands yet undisposed of and not covered 
 by preemptions, are to take place 5th January, 1846 ; having been 
 postponed by the President at the instance of the Legislature. I am 
 informed that it is advisable that some portions of these lands should 
 be located on the U. S., lands yet unsurveyed, or not fully surveyed, 
 and I have to enquire if this can be done. I am advised that a por- 
 tion of the lands formerly located and approved, it is regarded as ex- 
 pedient to have surrendered to the U. S., and other lands located in 
 lieu thereof, and I should be glad to be informed if this can be done. 
 
 At first the Treasury decided that the two townships should be located 
 in entire townships in a body, but subsequently this was changed, and 
 the selection in separate sections as to one township allowed ; but 
 previously one township had been selected under the decision refer- 
 red to. A portion of this is well nigh valueless, and would not have 
 been selected but for the constraint of the erroneous rule alluded to 
 as having been adopted. 
 
 It has been suggested that the allowance of the location of ^ or i 
 
sections in different parts of the State, would be more advantageous 
 to the U. S., as well as to the State, than the present rule of requir- 
 ingfull sections. Can the Treasury Department allow this to be done? 
 
 Again the expense of locating these two entire townships yet un- 
 located, and the residue of the first two townships not entirely loca- 
 ted, will be considerable. It should be boine, it appears to me, by 
 the General Government. I would suggest that the Agent to be 
 selected should be employed to do the service for a per centum aU 
 lowance on the value of the lands, to be estimated here by a com- 
 petent person, in order that he may be interested to get good lands. 
 Five per centum would not be an unreasonable allowance. The 
 lands should be personally examined. The lands here are very 
 variable in quality and price, even in different parts of the same re- 
 gion. Whole townships are utterly worthless. The entire State is 
 spotted with rich hammocks of small extent in the midst of barren 
 pine deserts of thousands of acres. The Agent should be a citizen 
 of this State — a competent surveyor — able to find and identify cor- 
 ners, and acquainted with the lands in the State. I would respect- 
 fully ask what mode of appointment will be pursued by you — how the 
 person appointed will be compensated — and in what mode. 
 
 The lands appropriated to the establishment of a Seminary, have 
 been placed in the charge of a Board of Trustees by our Legislature. 
 Hon. T. Baltzell, and others, were the Board till the organization 
 of the State Government, when he was elected a Judge of the 
 Superior Court, and resigned the Trusteeship. I learn that J. C. 
 Spencer had named him as Agent, and others, to select these lands, 
 but he cannot now act under our State Constitution, — and besides 
 would not, I presume, do the service required of him, as he is no 
 woodsman or land surveyor. Nothing has been done under Mr. 
 Spencer's appointment. Col. Benj. F. Whitner, of this place. Col. 
 R. W. Williams, of this place, Britton Barkley, of Marianna, 
 West Florida, David L. White of Quincy, Gadsden county, and 
 John C. McGeehee of Madison, are the present Trustees. Col. 
 Whitner, President of the Board of Trustees, will address you to-day 
 on the subject of the documents he has been able to obtain refering 
 to these lands, and your early answer to this either to him or me, 
 v/ill oblige me. 
 
 I am, sir, with great respect, 
 
 Your ob't servant, 
 (Signed,) W. D. MOSELEY- 
 
 Governor of Fla. 
 To R. J. Walker, 
 
 Sec'y Treasury, Washington, D. C. 
 
 General Land Office, } 
 
 September 23d, 1845. \ 
 Sir : — I have the honor to acknowledge the receipt of your com- 
 munication to the Secretary of the Treasury, of the 4th instant, in 
 relation to the 500,000 acres of land, to which the State of Florida 
 
is entitled, under the provisions of the 8th section, of the Act of 
 Congress of the 4th September, 1841, which was referred to this 
 Oflice on the 18th iust., and for your information and guidance, I 
 herewith enclose copies of all the Circulars, which have been issued 
 pursuant to said Act, together with an illustration explanatory of the 
 contiguity required in making said selections, and have to remark 
 that in a decision of this OiRce, submitted to Secretary of the Treas- 
 ury, on the 6th September, 1843, upon a question of right, by the 
 States of Missouri, Michigan and Arkansas, to select pre-emption 
 lands, the Attorney General, and the Secretary of the Treasury, on 
 the 2d of October, 1843, concurred in the opinion, that pre-emp- 
 tion lands cannot " be selected by the States, under" said act — " that 
 the pre-emption right is an inchoate legal title, and therefore tracts 
 claimed under it are excluded from the category of lands liable to 
 selection under the Act of 4th September, 1841." 
 
 This information is communicated to enable you to start right in 
 the commencement of the contemplated selections, and that you may 
 instruct your agents accordingly, and which if properly observed in 
 the beginning, will save both the State and this office much trouble. 
 
 The instructions enclosed herewith, are dated 2d of xMay, 1842, 
 8th November, 1843, and 15th May, 1844, and which have this day 
 been forwarded to the Register of the Land Office at St. Augustine, 
 Newnansville and Tallahassee. 
 
 I have the honor to be, 
 Very respectfully. 
 Your ob't serv't, 
 (Signed,) JAS. SHIELDS, 
 
 Commissioner. 
 
 Circular to Registers of the U. S., Land Offices. 
 
 Getveral Land Office, ) 
 May 2, 1842. ^ 
 
 Sir : — Under the provisions of the 8th section of the Act approv- 
 ed on the 4th September, 1841, entitled, " An Act to appropriate the 
 proceeds of the sales of the public lands, and to grant pre-emption 
 rights," the State of Florida, is entitled to select the quantity of five 
 hundred thousand acres of unappropriated public land granted to that 
 State by the aforesaid Act, for purposes of Internal Improvement. 
 
 In order to efiect the due execution of the Law, I have, with the 
 approbation of the Secretary of the Treasury, to enjoin on you the 
 rigid observance of the following instructions : 
 
 In making these selections, it is expected that the State authorities 
 will observe the precaution of causing all the preliminary examina- 
 tions to be made, by their duly authorised Agents, necessary to arrive 
 at certainty as to the fact that none of the particular tracts of land 
 selected by them are or can be claimed as pre-emption rights in 
 virtue of the Acts aforesaid, or of any prior pre-emption law, other- 
 wise such interference will nidlify the selections. 
 
 In case the selecting agents should be remiss in making such in- 
 
dispensable preliminary examinations, much subsequent embarrass- 
 ment and delay must result in adjusting the claim of the State. 
 
 It is hoped, however, that the State authorities will make it a duty 
 absolutely indispensable on the selecting Agents to visit in person 
 every tract of land desired to be selected, and thereby ascertain, be- 
 yond doubt, whether or not a pre-emption claim can be alleged to the 
 same, and regulate their proceedings accordingly. 
 
 From time to time, as the selecting Agents shall make reports to 
 you of the lands selected, it will be your duty to note the same in a 
 distinct and neat manner on the tract books and maps, in red ink ; 
 and also to make a record book, suitably arranged into columns, 
 wherein you are to register all the list that may be filed in your of- 
 fice, and transmit a copy of each to this office, from time to time, as 
 you receive them. 
 
 These lists are to be numbered in a regular series. So soon as a 
 list of tracts so selected is received at your office, it will be your duty 
 to examine the same, and compare it with your books, and with the 
 "declaratory statements," filed under the act of 4th September, 
 1841, and in case of conflict arising with an alleged pre-emption 
 claim, you will immediately advise the Governor of the State of the 
 fact, and furnish similar advice to this office. 
 
 The law provides that the locations shall be made " in parcels 
 conformably to sectional divisions and subdivisions, of not less than 
 three hundred and twenty acres in any one location, on any public 
 land except such as is or may be reserved from sale by any law of 
 Congress or proclamation of the President of the United States ; 
 which said locations may be made at any time after the lands of the 
 United States in said States respectively, shall have been surveyed 
 accordingly to existing laws." 
 
 Each of the selections made by the locating Agent, should indi- 
 cate the day when actually made, so as to enable this office to de- 
 termine between such selection and a pre-emption claim under Act 
 of 4th September, 1841, which shall refer to the date of settlement. 
 
 Each parcel may be formed in any of the following modes : 
 
 The east, west, north, or south half of a section. 
 
 Two contiguous quarters of diflerent sections. 
 
 Four contiguous half quarters of different sections. 
 
 The half quarters are to be those designated as east or ivest half 
 quarters, as contemplated by the general law making provision for 
 the sale of the public lands, passed on 24th April, 1820, admitting 
 of the subdivision of quarter sections only by a line running north 
 and south. 
 
 (The mode of subdivision into quarters of a section is not applica- 
 ble to the Act of 4th September, 1841, inasmuch as it is warranted 
 by the Act of 5th April, 1832, only in reference to the peculiar kind 
 of cases referred to in the latter Act.) 
 
 A detached fractional section containing three hundred and twen- 
 ty acres, or a greater quantity', can be located ; but when a fractional 
 section contains less than three hundred and twenty acres, it can only 
 
 B 
 
10 
 
 be faken in lieu of (hat quantity, unless it be contiguous to some otheT 
 body of selections, which, witii such iiactional section shall constitute 
 not less than thrt>e hinidred and twenty acres. 
 
 Any nunvber of contiguous subdivisions of a fractional section,, 
 together constituting the quantity of three hutidred and twenty acres>. 
 according to the 8i[rveyor General's plat, may be selected. 
 
 An island ct)ntaining three hiuidred and twenty acres, or up\vards> 
 may betaken; but if the island contains less than three hundred 
 and twenty acres, it can only be taken in^ lieu of that quantity. 
 
 Annexed is a copy of a coninuniication addressed to the Secreta- 
 ry of the Treasury on 2d Uecemljcr last, in reply to certain en- 
 quiries propounded bjthe Governor of Arkansas, relative to the con- 
 struction of the Sth section of the Act of 4th September, 1841, and 
 also a copy of the aforesaid sectioii, and a copy of the Act approved 
 1 9th March, 1842, entitled, " An Act to authorise the Governors of 
 the States of Illinois, Arkansas and Missouri, to cause to be selected 
 the lands therein mentioned." 
 
 1 am, very respeclfully, your ob't scrv't., 
 (Signed,) E. M. HUNTINGTON, Commissioner, 
 
 The Register of the Land Office, at 
 
 General Land- Office, ^ 
 December 2, 1841. \ 
 
 Sir : — I have examined the qiwistion raised in the letter of Gover- 
 ner Yell, of Arkansas, addressed to you, under date of 3d Novem- 
 ber, and referred to this olHcc, in relation to the construction of the 
 9th (I presume he nxcans the 8th,) section of the distribution Act, 
 authorising the location of 500,000 acres of land, by the Legislatures 
 of the respective States mentioned in the 1st section of the Act. 
 As the grant to the States is not one in irresenti., but dependent upon 
 the subsequent action of the Legislatures of the respective States; 
 and inasmuch, also, as the 10th section of the same Act, grants to 
 certain persons therein named, the riglit to enter, not exceeding one 
 hundred and sixty acres, the land settled U])on and improved by them, 
 I an) of opinion that the States have no right to select any land, to 
 which a valid pre-emption right exists under any of the existing laws 
 of Congress, at the time of such selection hy the Stale, nor to any 
 land which, at the date the law icas, or which, prior to such selec- 
 tion by the State, 7nay be reserved by any subsequent law of Con- 
 gress, or Proclamation by the President of the United States. Such 
 selections also must of course be confined to lands which at the time 
 of selection have been surveyed according to existing laws. The 
 particular ground of doubt in the construction of the section referred 
 to, is not disclosedin the letter of Governor Yell ; but I presume wha t 
 I have expressed will embrace the question intended to be raised. 
 I am, with great respect, your ob't serv't, 
 
 E. M. HUNTINGTOxN, Commissioner. 
 
 Hon. W. Forward, Secretary of the Treasury. 
 
il 
 
 Section 8, And be it fmiher enacled, That there shall be grarft- 
 'ed to each State specified in the first section of this Act, five hun- 
 dred thousand acres of land, for purposes of Internal Improvement : 
 ■Provided, That to each of the said States which has already re- 
 ceived grants for said purposes, there is hereby granted no more 
 than a quantity of land which shall, together with the amount such 
 State has already received as aforesaid, make five hundred thousand 
 acres ; the selections in all of the said States to be made within their 
 limits, repectively, in such manner as the Legislatures thereof shall 
 direct, and located in parcels, conformably to sectional divisions and 
 ■subdivisions, of not less than three hundred and twenty acres in any 
 one location, or any public land except such as is or raay Vjc reserved 
 *rom sale by any law of Congress, or Proclamation of the President 
 of the United States ; which said locations raay be made at any 
 time after the lands of the United States in said States, respectively, 
 shall have [been] surveyed according to existing law^s. And there 
 shall be, and hereby is, granted to each new State that shall here- 
 after be admitted into the Union, upen such admission, so much land 
 as, includiRg such quantity as may have been granted to such State 
 before its admission, and while under a Territorial Government, for 
 purposes of Internal Improvement as aforesaid, as shall make five 
 hundred thousand acres of land, to be selected and located as afore- 
 said. 
 
 An Act to aulhorise the Gov>ernors of the States of Illinois, Arkan- 
 sas and Missouri to cause to be selected the lands therein mentioned. 
 
 Be it enacted, by the Senate and House of Representatives of the 
 United States of America in Congress Assembled, That so much 
 of the eight section of the Act entitled, " An Act to appropriate the 
 ^proceeds of the sales of the Public Lands, and to grant pre-emptions," 
 approved September four, one thousand-eight-hundred and forty-one, 
 •as provides that the selections of the grants of land made to the sev- 
 eral States therein m.entioned, for the purposes of Internal Improve- 
 ment, shall be made, respectively, in such m.anner as the Legisla- 
 tures thereof shall direct, is so far modified as to authorise the Gover- 
 nors of the States of Illinois, Arkansas, and Missouri, to cause the 
 selections to be made for these States without the necessity of con- 
 vening the Legislature thereof, for that purpose. 
 
 Approved, March 19, 184-2. 
 
 Circular relative to State Selections under the Act of Congress ap- 
 proved 4i/t September, 1841. 
 
 General Land Office, > 
 
 November 8th, 1843. \ 
 
 Sir : — By the 8th section of the Act approved 4th September, 
 
 1841, entitled, " An Act to appropriate the proceeds of the sales of 
 
 ■the Public Lands, and to grant pre-emption rights," selections are 
 
 ^required to be made " in parcels conformably to sectional divisio.'js 
 
12 
 
 and subdivisions of not less than three hundred and twenty acres in 
 anyone location," (as heretofore advised in Circular •2d May, 1842,) 
 which selections may be made either from unoffered land or offered 
 lands. 
 
 In acting on lists of selections under this Act, it has been found ne- 
 cessary at different times to reject a number of locations because 
 they did not form compact parcels of 320 acres each, as required by 
 the law and instructions. Such rejections are of couv&e fatal to the 
 original selections, but it was not designed that the agents of the 
 Slates should be interdicted from embracing such rejected tracts in 
 any new selections which might be so made, as to bring the loca- 
 tions within the provisions of the Act aforesaid. You are therefore 
 hereby directed. 
 
 1st, Whenever application is made by the State to fake such re- 
 jected tracts with other available lands ivhich together form compart 
 parcels of 320 acres each, to admit such new selection, which must 
 be treated as an entire new proceeding, and in no way affecting the 
 original location, as the former stands annulled, not being in contbr- 
 inity to law. 
 
 2nd. New selections embracing such rejected tracts must of course 
 be reported in a series of lists bearing numbers consecutive to those 
 previously issued. 
 
 3rd. Where offered lands are embraced in rejected selections, and 
 not re-selected, no entry of them should be allowed, except by pre- 
 emption — until they shall have been advertised pursuant to the 9th 
 section of Circular of the 1st January, 1836 ; unoffered lands of 
 this class — not taken by pre-emption— must of course be reproclaim- 
 ed and offered. 
 
 4th. You are required to prepare and keep a list with a column 
 for remarks, of all tracts of unoffered, and also a similar list of of- 
 fered lands, which may have been, or may hereafter be rejected, and 
 if any of the rejected tracts should be rcselected, note from time to 
 time opposite each tract the date of the reseleciion, and the number 
 of the list embracing it, and in the event of any of said rejected 
 tracts, being entered hy pre-emption, note the date of entry, with 
 such other remarks as may be deemed important in the case — and 
 
 When the selections are completed, you will immediately furnish 
 this office with copies of said lists, and thus afford information that 
 will enable the Department to provide for the disposal of such of 
 said lands as may not have been otherwise disposed of in the mean 
 time. I am, very respectfully, 
 
 Your ob't serv't, 
 (Signed,) THOS. H. BLAKE. 
 
 Commissioner , 
 
 Circular to Registers. 
 
 General Land Office, ^ 
 May 15th, 1844. \ 
 Sir :— 'Under the 8th section of the Act of Congress 4th Sept. 
 
13 
 
 1641, entitled "An Act to appropriate the proceeds of the sales of 
 the Public Lands, and to grant pre-emption rights," numerous selec- 
 tions made by the States have been found to conflict with declarato- 
 rj statements under said act. 
 
 As the (late of settlement is to govern the decision in all cases of 
 conflict, you are hereby instructed to furnish this oflice, immediately, 
 with the date of settlement of all the declaratory statements already 
 reported to this office, which embrace lands selected by the States; 
 and in future to furnish the date of each settlement, and in a separate 
 column on said abstracts, in order that this cftice may herealter be 
 enabled to settle all cases of conflict between such settlements and 
 8tate selections. 
 
 Very respectfully, 
 Your ob't serv't, 
 (Signed,) THOS. II. BLAKE, 
 
 Commissioner^ 
 
 General Land Office, } 
 October 10th, 1845. ^ 
 
 Sir: — In compliance with your request made in your letter of the 
 4th ult., I have the honor to transmit, herewith, a transcript (prepar- 
 ed Vv'ith much care), from the files and records of this oflice, showing 
 the action heretofore had on the subject ofSeminary lands in Florida. 
 
 You will perceive from notes here and there made, in appropriate 
 places, that copies of some of the letters referred to, cannot be fur- 
 nished, in consequence of the destruction by fire, some years since, 
 of the records and files of the Treasury Department. 
 
 In reference to that portion of your letter in which you state, that 
 " at first the Treasury decided that the two Townships should be 
 located in entire townships in a body ; but subsequently this was 
 changed, and the selection in separate sections, as to one township, 
 allowed," &;c., &c. I would call your attention to the letters on 
 pages 2, 3 and 4, of the enclosed transcript, from Gov. Duval to 
 Secretary Rush, bearing date 9th June, 1826, and from Commis- 
 sioner Graham to Gov. Duval of 17th July, 1826. You will per- 
 ceive, therefore, the reason for the course then pursued, and which 
 M"as not departed from, until Congress, by the passage of the Act of 
 29th January, 1827, authorised the selections to be made " in sec- 
 tions." 
 
 The location of 4: or i sections, as desired by you, cannot be al- 
 lowed ; and the selections must be of surveyed lands. 
 
 No other locations can now be made " in lieu of a portion of the 
 land which has been located and approved." 
 
 In conclusion, I am directed by the Secretary of the Treasury to 
 request you to name some person or persons to him whose appoint- 
 ment, to make these selections, would be in your opinion advisable. 
 No provision having been made by Congress for the compensation of 
 such Agents, none can be allowed at the Treasury. Of this fact 
 you were advised in my communication of the 10th ult. 
 
14 
 
 When tlic nppoiiidnptit .shall liave l.eon mado, instructions will be 
 ^mmefliately issued Id tlie agent or agcMits, as to the mode of selec- 
 dori, &c. 
 
 With great respect, 
 
 Your ob't sorv't, 
 
 JAS. SHIELDS, 
 
 Conmiiss toner. 
 His Excellency, W, D, Moseley, 
 
 (ioveriror of Florida, Tallahassee, 
 
 Act of 'M March, 1823. 
 
 The lull section of the act of Congress, approved 3d March, 1823, 
 entitled "An act amending and supplementary to the act for ascer- 
 taining claims and titles to land in the Territory of Florida, and to 
 nrovide for the survey aiui disposal of the public lands in Florida," 
 directs : 
 
 " 'I'hat an entire township, in each of the districts of East and West 
 Florida, shall be reserved iVoni sale, for the use of a Seminary of 
 liearning, to be located by the Secretary of the Treasury." 
 
 Act of 29th January, 1827. 
 
 The 1st and 2d sections of the act of Congress, .approved 2')th 
 January, 1827, entitled " An act to provide for the location of the two 
 townships of hind, reserved for a Semiinary of Learning, in the Terri- 
 tory of Florida, and to complete the location of the grant to the Deai 
 and Dumb Asylum of Kentucky," directs : 
 
 "That the townsliip of land reserved in the District of East Flo- 
 lida, by an act of Congress, approved the third day of March, one 
 thousand eight hundred and twenty three, for a Seminary of Learn- 
 ing, shall be located east of the Apalachicola river, and may be locat- 
 ed in sections, corresponding with any of the legal divisions into 
 which the public lands are authorized to be surveyed, so as not to in- 
 terfere with private land claims, or the rights of pre-emption ; and 
 the township located west of the Apalachicola river, as directed in 
 the aforesaid act, so far as covered by the claims of those entitled to 
 the right of pre-emption, by the act approved the twenty-second Oi 
 April, one thousand eight hundred and twenty. six, shall be located in 
 sections, upon any unappropropriated lands in said district of country, 
 until the amount taken by said interferences, shall be satisfied and 
 discharged. 
 
 "That the Governor and Legislative Council of said Territory, 
 shall have power to take possession of the lands granted for the use 
 of the schools, and for a Seminary of Learning, and lease the same 
 from year to year ; and the money arising from the rent of said lands, 
 shall be ai)propriatcd to the use of schools, and the erection of a 
 Seminary of Learning, in such manner as they may direct ; and they 
 shall have power to pass laws for the preservation of said lands from 
 intrusion and trespass, until Florida shall be admitted into the Union 
 as a State." 
 
15 
 
 Ad. of -M March, 1845. 
 By the first section of the act of Con<rrcss, appmvcd 3d Marcli.. 
 1845. entitled, "An act supplemental to the act for the admission of 
 Florida and Iowa into the Union, and for other purjwses," two entire 
 townsliips of land, in addition to the two townships already reserved, 
 for the use of two Seminaries of Learning — one to be located East 
 and the other West of the Suwannee river, ar^i granted to the said 
 State of Florida. 
 
 TALL.VHASSEE, May 17th, 1826. 
 Hon. Richard Rush, 
 
 Secietary of the Treasury. 
 Sir : — I have the honor to inform you, that I have selected town- 
 ship Fifth North, of the ]']leventh Range VV"est, for the use of a 
 Seminary of Learning for this Territory. 
 
 The Register and Receiver of the Land Office at tliis place, have 
 been duly notified of the selection. The other townships will be 
 selected as early as practicable. 
 
 I am, respectfully, 
 
 Your obedient servant, 
 
 W3L P. DUVAL. 
 
 Tallauassee, May 21st, 1826. 
 IIoiv. Richard Rush, 
 
 Secretary of the Treasury. 
 Sir: — Having within a day or two past, understood that the town- 
 ship mentioned in my letter to you of the 17th instant, was not clear- 
 ly identified, I take the Itberty of explaining to you, that the town- 
 ship selected by me, for the use of a Seminary of Learning for this 
 Territory, is the Fifth Township in the Klevenlh Range North and 
 West. 
 
 I am, your obedient servant, 
 
 W.\L P. DUVAL. 
 
 Executive Office, > 
 May 2Isl, 1826. \ 
 To THE Register and Re( eivee 
 
 of the Land Office, at Tallahassee. 
 Gentlemen: — Having understood that the township whicli I have 
 selected for the use of a Seminary lor the Territory of Florida, as. 
 described in my letter to you of the 16th instant, did not clearly iden- 
 tify the land intended to be reserved, I now explain to you, that it is 
 the Fifth Township in the Eleventh Range, North and West. 
 I am, respectfully. 
 
 Your obedient servant, 
 
 WM. P. DUVAL. 
 
 [It is ascertained, on inquiry at the Treasury Department, that 
 'he record of the letter of Secretary Rush, to Governor Duval, of 
 
u 
 
 the 17th May, 1826, referred to below, was destroyed at the burning 
 of the Treasury building, some years since, a copy cannot, therefore, 
 be furnished. May not the original be on lile in tiie Executive Office, 
 at Tallahassee ?] 
 
 Tallahassee, June 9th, 1826. 
 Hex. Richard Rush, 
 
 Secretary of the Treasury. 
 
 Sir: — I have the honor to acknowledge your letter of the 17th 
 ultimo, and regret that you deem the law on the subject of the re- 
 servation of the two townships in this Territory, lor the use of a 
 Seminary of Learning, as imperative, and strictly confining you to the 
 selection of "entire townships." I have seen one law only, on the 
 subject of a similar donation to Alabama, which is as follows : " And 
 there shall be reserved from sale, in the Alabama Territory, one en- 
 lire township, which shall be located by the Secretary of the Trea- 
 sury, for the support of a Seminary of Learning, within the said Ter- 
 ritory," &;c. The enactment for Florida, tor the same object, is : 
 " That an entire township, in each District of East and West Flori- 
 da, shall be reserved from sale, for the use of a Seminary of Learn- 
 ing, to be located by the Secretary of the Treasury." There must be 
 some other act on this subject, passed for the benefit of Alabama, 
 that I have not seen, as the construction would otherwise be the 
 same on both laws. If the location (as the law requires,) is made of 
 a township East of the Suwannee river, it will be worth very little ; 
 for the private claims, and the actual settlers entitled to pre-emptions, 
 cover almost all the good land in East Florida. 
 
 Under the restrictions imposed, it is believed that the reservations 
 will not be worth having, unless Congress shall interpose in behalf of 
 the Territory, before the land sales. 
 
 It would be doing great injustice to the Territory, was I to attempt, 
 at this time, any further selections. I deem it, therefore, my duty to 
 decline any further agency in this business. 
 I am, respectfully, 
 
 Your obedient servant, 
 
 WM. P. DUVAL. 
 
 General Land Office, } 
 July 17th, 1826. ^ 
 His Excellency Wm. P. Duval, 
 
 Tallahassee, Florida, 
 ^ir : — Your letter of the 9th June has been referred, by the Se- 
 cretary of the Treasury, to this office. On reference to the act pas- 
 sed the 2d day of March, 1819, to enable the people of Alabama to 
 foim a constitution, you will perceive that the original provisions of 
 the original act, relative to the selection of lands for the use of a 
 Seminary of Learning in Alabama, were changed, and the discre- 
 tionary powers of the Secretary of the Treasury enlarged. In all 
 cases where po!"tion.s less than entire townships have been selected 
 
17 
 
 by the Secretary of the Treasury, for the use of the Seminary of 
 Learning, in any State or Territory, it has been done under an act 
 granting authority to the Secretary of the Treasury, to select in speci- 
 fic quantities, of less than one entire township ; and I have no doubt 
 that an application from the (lovernor and Council of Florida, Con- 
 gress would grant to the Territory of Florida that privilege, as to the 
 selection, which has been specifically granted to several of the 
 States. 
 
 With great respect, «&c., 
 
 G. GRAHAM. 
 
 Executive Office, } 
 Tallahassee, March 12, 1827. ] 
 Hox. Richard Rush, 
 
 Secretary of the Treasury. 
 Sir : — I have the honor to acknowledge the receipt of your letter 
 of the 7th ultimo, with the act of Congress, to provide for the location 
 of the two townships of land reserved for the Seminary of Learning, 
 in the Territory of Florida, &c. 
 
 The contents of your letter on this subject, has claimed my imme- 
 diate attention, and my report shall be made in conlbrmity with your 
 instructions. 
 
 I regret that my report of the Township selected by rae under the 
 authority of your letter of the 27th of January, 182(3, has been lost 
 from the mail, on the way to Washington. I now enclose to you 
 the copy of the communications which I made on the 17th and 21st 
 of May, 1826. 
 
 I am, with high respect, 
 
 Your obedient servant, 
 
 WM. P. DUVAL. 
 
 ['• It is ascertained, on enquiry at the Treasury Department, that 
 the record of the letters from Secretary Rush to Gov, Duval, of the 
 27th January, 1826, and 7th February, 1827, referred to above, were 
 destroyed at the burning of the Treasury buildings, some years since ; 
 copies, therefore, cannot be furnished. Are not the originals on file 
 in the Executive office at Tallahassee'!"] 
 
 [The selection of T. 5, N. R. 11, W., approved by the Secretary of 
 the^ Treasury on the 1th of April, 1827.] 
 
 Extract from letter of Commissioner of the General Land Office to 
 to the Register and Receiver at Tallahassee, dated the 9th April, 
 1827. 
 
 " I am also requested by the Secretary to inform you that he has 
 approved of the location of Township 5, Range 11, North and West, 
 as made by Governor Duval, for the use of a Seminary, and to re- 
 quest that you will make the necessary entries in your books, and re- 
 
18 
 
 serve the lands from sale except so far as tliey may be claimed by 
 pre-emption rights." 
 
 [The letter from Governor Duval of the 14lh of i\Iay, 1827, ta 
 which the following was a reply, was returned to the Treasury De-. 
 partment, from the General Land Office, on the 1st of February, 
 1830, and was doubtless destroyed at the burning of the Treasury 
 building. It is perceived, however, trom Mr. Whitner's letter to the 
 Secretary of the Treasury, of the 4th September, 1845, that he (iMr. 
 W.) has a copy of it.] 
 
 General Land Office, } 
 June 9th, 1827. \ 
 
 Sir : Your leiter of the 14th of May, addressed to the Secretary of 
 the Treasury, relative to the selections made of lands for a Seminary 
 of Learning in Florida, under the provisions of the act of the 29lh of 
 .January, 1827, is referred to me, with directions to inform you that 
 the tbllowing selections of land made by you, east of the Apalachicola, 
 are approved, to-wit : Sections 5, 7, 15, 17, 18, 22, 23 and 24, and 
 the three quarters of Section 8, 3 N. 3 W., the other quarter of sec- 
 tion 8, having been sold. [N. E. qr. of Sec. 8, sold.] 
 
 Sections 17, 29 and 30, in T. 2, N., R. 4, W., these being full sec 
 tions, agreeably to the intent and meaning of the law, which, as it 
 respects the selections for this township, requires that the tracts should 
 be selected in sections corresponding with any of the legal subdivi- 
 sions, and therefore the residue of the lands to complete the town- 
 ship east of the Apalachicola, may be selected in entire legal sec- 
 tions, or in sections of a square form, composed of two contiguous 
 half sections, or of four quarter sections. 
 
 The following sections in lieu of the lands covered by private claims 
 in the township west of Apalachicola, to-wit : Sec. 14, the whole of 
 23 and 24, in T. 4, N. of R. 7, W ; Sec. 18, in T. 3, N. R. 9, W., 
 and Sections 6 and 14, in T. 5, N. R. 10, W., are approved; and 
 the selections of fractional sections 3, 10 and 13, in T. 4, N. R. 7, 
 W., and fractional section 33, 5 N. 7 VV., will be approved, provided 
 you deem it advisable to take them as whole sections. The law re- 
 quires that the selections to be made, in lieu of the lands covered by 
 private claims should be made "in sections," which the Secretary of 
 the Treasury requests me to state to you, limits the selections to en- 
 tire sections, unless you should recommend that a fractional section 
 be taken in Ueu of such entire sections. 
 
 With greac respect. 
 
 Your obedient servant, 
 
 GEORGE GRAHAM, 
 His Excellency W. P. Duval, Commissioner. 
 
 Governor of Florida. 
 
 P. S. The fractional Section 13, 4 N., R. 7 W., being part of a 
 large and compact selection, will, I presume, on reconsideration of 
 the Secretary, be calculated agreeably to the actual quantity of land 
 contained in it, and not as a full section. 
 
19 
 
 General Land Office, ) 
 June 12, 1827. ^ 
 Gentlemen : I enclose a copy of a letter addressed to his Excel- 
 lency Gov. Duval, and have to request that you will cause the reser- 
 vation authorized in that letter to be entered on your book as land 
 reserved for a Seminary of Learning, and advise this office of the 
 fact. I am, &c. 
 
 GEO. GRAHAM. 
 Register and Receiver, 
 
 Tallahassee, Florida. 
 
 General Land Office, 
 1st February, 1830. 
 
 Sir : — I now return you the note of Mr. White, covering a reso- 
 lution of the Legislative Council of Florida, which Avas referred by 
 you to this office, a reply to which has been accidentally delayed. 
 
 The instructions to Gov. Duval, to Select the lands appropriated 
 for Colleges in Florida, were given from the Treasury. 
 
 His letter, designating the lands selected, was referred to this office, 
 and answered. [See Commissioner's letter to Gov. Duval, 9lh June, 
 1827, a copy of which is furnished, page 18.] I presume the instruc- 
 tions were entirely silent as to the alloKvancc of any compensation 
 for making the selections, the law being silent on the subject. In 
 authorizing ^he Governors of the States and Territories to make 
 these selections, the Secretary of the Treasury no doubt has been 
 governed by the consideration that the ditference in the value of the 
 lands selected at the discretion of the Governor, and of that whicii 
 would be selected by himself', or any other United Stales officer, 
 merely from an inspection of the Surveyor's returns, would more 
 than compensate for any expense which the States and Territories 
 would incur in procuring the selections to be made by actual inspec- 
 tion of the Iands» 
 
 I know of no instance in which the expenses incident to selections 
 made by the Governors of States and Territories have been allowed 
 at the Treasury, or of any law under which such an allowance could 
 be made. A distinction might in these instances be made in respect 
 to and in favor of Territories ; but, if so, a special appropriation 
 should be obtained. 
 
 The papers are herewith returned, 
 
 I am, &c. 
 
 GEO. GRAH.VM. 
 
 Hon. S. D. Ingham, 
 
 Secretary of the Treasury. 
 
 Tallahassee, June 21, 1843. 
 Sir : — The Legislature of Florida at their last session passed a 
 law on the subject of the grant made by Congress, of two townships 
 ol land for a Seminary of Learning, with a view to the applicatioH 
 of the fund to the purposes designed by the Government, 
 
20 
 
 On enquiry at the Land Office here, we find no designation of the 
 land, although it was undoubtedly made, and probably may be found 
 amongst the papers of your Department. 
 
 The late Judge Allen was selected for that purpose, and no doubt 
 discharged the duties confided to him with fidelity. The action of the 
 Legislature on this very important subject, was imperfect,*and my 
 purpose is to bring it again before the Senate, of which I am a mem- 
 ber, with all the lights to be obtained in the mean time. Will you, 
 then, sir, do me the favor to forward to me, or to the Land Office 
 here, copies of all the information on the subject in your office, with 
 maps, tkc, at as early a period as practicable ? 
 Very respectfully. 
 
 Your obedient servant, 
 
 THOMAS BALTZELL. 
 
 Commissioner General Land Office. 
 
 P. S. I perceive that the location of this land was directed to be 
 made by the Secretary of the Treasury. 7 vol. acts Congress, 3rd 
 March, 1823. 
 
 General Land Office, > 
 July 17th, 1843. ] 
 
 Sir :— 'Your letter of the 21st ult., has been received. The selec- 
 tions for a Seminary of Learning in Florida, were made, it is un« 
 derstood, by or under the authority of Gov. Duval, who was author' 
 ised to do so by instructions issued direct from the Treasury Depart* 
 ment. It appears from the records of this Office, that on the 9th 
 April, 1827. the Register and Receiver at Tallahassee, were advis- 
 ed that the Secretary of the Treasury had approved of the selection 
 of Township 5, R. 11, N. and W. for the use of the Seminary, 
 and were requested to withhold the land from sale, except so far as 
 they may be claimed by pre-emption rights. 
 
 On the 9th June, 1827, Gov. Duval was advised that the selection 
 of the " following sections in lieu of lands covered by private claims," 
 in the above Township, were approved, viz : 
 
 Sections 14, 23 and 24, in Township 4, of R. 7, N. and W. 
 
 Section 18, " " 3, " " 9, " " 
 
 Sections 6 and 14, " " 5, " " 10, " " 
 
 Also, that the selection of the following fractional sections, for the 
 same purpose, would be approved, provided he would agree to receive 
 them as 7vhoIe sections, viz : 
 
 Fractional Section 3, 10 and 13, in T. 4, of Range 7, N. and W. 
 
 Fractional Section 33, " " 5, " " " '• " 
 
 The Governor was at the same time advised that the following 
 selections made by him, "east of the Apalachicola," had also Iteen ap- 
 proved, viz: Sections 5, 7, 15, 17, 18, 22, 23 and 24 ; and "the 
 3 quarters of Section 8," in Township 3 North, of Range 3, West, 
 " the other quarter of Section 8 having been sold." 
 
 The Register and Receiver at Tallahassee, were further advised, 
 
2\ 
 
 on Uie 4th September, 1828, that the selections of sections 17 
 and 30, and fractional section 29, in township 2, north of range 1, 
 West, had also been approved as Seminary Lands. 
 
 I do not lind any evidence in this office that Gov. Duval, or his 
 successors, have even signified their willingness to receive the 
 fractional sections named in the letter of the 9th June, 1827, as 
 whole sections. 
 
 The quarter of section 8, T. 3, R. 3, N. and W., slated to have 
 been sold, appears to be the N. E. 1-4, which leaves as the lands 
 approved, the South 1-2 and North W. 1-4, in that section. 
 
 The f(n-egoiiig is believed to embrace all the action had, by this 
 ofnce, respecting the location of the two Townships of land granted 
 to Florida for a Seminary of learning. 
 
 1 enclose herewith, in compliance with your request, copies of 
 the Township plats, in which these locations have been made. 
 
 On the. plat of T. 5, R. 11, W., the several tracts entered by pre- 
 empiors in 1826 and 1827, are shaded blue. 
 
 On the plats of T. 4, N. R. 7, W. 3, N. 9, W. 5, N. 10, W. 3, N. 
 3, W., and T. 2, N. R. 4, W., the selections approved by the Sec- 
 retary of the Treasure, are shaded yellow. 
 
 On the plats of T. '4, N. R. 7, W., and T. 5, N. R. 7, W., the 
 tracts shaded green, represent the selection of fractional sections, 
 which would be approved, provided they were accepted as full seC' 
 lions. 
 
 The N. E. 1-4 of section 8, T. 3, N. of R. 3, W., is shaded blue, 
 as having been sold. 
 
 Of the selections approved by the Secretary of the Treasury, it 
 appears that the W. 1-2 of the S. E. 1-4, of section 6, T. 5, R. 10, 
 N. and W., has been inadvertantly sold and patented, and that of 
 the fractional sections which the Governor was advised would be 
 approved, provided they would be received as whole sections, the 
 lots 1,2 and 5, in ^3, T. 5, N. of R. 7, W., have likewise been sold 
 and patented. 
 
 Very respectfully, your ob't. serv't. 
 
 THO'S. H. BLAKE, Commissioner. 
 
 Thomas Baltzell, Esq., Tallahassee, Florida. 
 
 Extract from letter of the Commissioner General Land Office, to the 
 Register at Tallahassee, Florida — dated, 19th July, 1843. 
 " Herewith is enclosed, for your information, a copy of a letter 
 from this office, dated, 17th inst., to Tho's. Baltzell, Esq., respect' 
 ing selections of land for a Seminary of learning in Florida, made, 
 it IS understood, by or under the authority of Gov. Duval, pursuant 
 to instructions issued direct from the Treasury Department." 
 
 Washington, H. R., February 21st, 1844. 
 Sir : — It appears that only one Township of the Seminary Lands 
 granted to Florida, has yet been located. It is deemed highly im^ 
 
22 
 
 |)ortant by the Legislature of Florida, and by those best informed 
 -upon the subject, that the location of the remaining township should 
 be made, without delay, inasmuch as the valuable lands may all be 
 entered, if longer delay occurs, before the selections can be made. 
 
 I do not know what is the practice in such cases, but 1 would 
 respectfully recommend the employment of Maj. Jas. G. Cooper, to 
 select and locate the remaining township. 
 
 I have the honor to be, very respectfully, your ob't, serv't., 
 
 D. LEVY. 
 
 Hon. T. H. Blake, Commissionor G. L. OiBce. 
 
 General Land Office, Feb. 27ih, 1844. 
 
 Sir : — I have the honor to submit, herewith, for your inspection 
 and such action thereon as you may deem the subject requires, a 
 letter of the 21st inst., from the Hon. D. Levy, in which he repre- 
 sents that only one of the two townships granted to Florida for a 
 Seminary of Learning has been selected, and that it is deemed 
 important that the other lands should be selected without delay, 
 and recommends the employment of Maj. Jas. G. Cooper for thai 
 purpose. 
 
 By reference to the 11th sect, of the Act of 3d March, 1823, 
 providing for the survey and disposal of the public lands in Flori- 
 da, and the 1st sect, of the Act of 29th Jany. 1827, '• to provide 
 for the location of the two townships of land," &c., it will be seen 
 that the Secretary of the Treasury was authorised to locate and 
 set apart one township of land East of the Apalachicola river, and 
 another West of that river, for the Use of a Seminary of Learning 
 in that Territory. 
 
 The Secretary appears to have appointed Governor Duval to 
 make the selections, and so far as known to this office, the follow- 
 ing is the result : 
 
 For the township East of tire tiver, there have been selected and 
 approved by the Department 1 1 3-4 sections. 
 
 One eighth of a section selected for the township East of the 
 river, has been s.old and inadvertently patented, which reduces the 
 quantity selected and approved to 11 5-8 sections, and leaves 24 
 3-8 sections to be selected for that township. 
 
 The entire township 5, R. 11, N. & W. was designated as the 
 selected township West of the river, but alter satisfying the claims 
 of pre-emptors, there reinained a quantity equal to only 25 5-8 
 sections. In lieu of the tracts covered by these claims, there have 
 been selected in other townships, six sections, leaving to be selec- 
 ted 4 3-8 sections, irrespective of the fractional sections referred 
 to in my letter to Thomas Baltzell, Esq., of the 17th July last, a 
 copy of which I enclose, as having a bearing on the subject. 
 With great respect, your ob't serv't, 
 
 THO. H. BLAKE, Commissioner. 
 Hon. J. C. Spencer, Sec'y of the Treasury. 
 
23 
 
 Treasury Department, Feb. 28th, 1844. 
 
 Sir :-— Your communication of the 27th inst., and the accompa-. 
 nying letter, addressed to you by the Hon. David Levy, relative to 
 the appointment of an agent, to locate the residue of the two town- 
 ships of land granted to Florida for a Seminary of Learning, have 
 been received. 
 
 I see no objeclion to the appointment of an agent to make the 
 locations, but 1 think the Governor or Secretary of the Territory 
 should be appointed to that service. 
 
 I will thank you to prepare and submit to me, such instructions 
 as you may deem it advisable should be transmitted to the person 
 who may be appointed agent. 
 
 Your communication of the 27th inst., and the accompanying 
 papers, are herewith returned. 
 
 Very respectfully, J. C. SPENCER. Sec. of the Treasury. 
 
 Tho. H. Blake, Esq., Comm'r. Genl. Land Office. 
 
 General Land Office, March 6, 1844. 
 Sir — In compliance with the request contained in your letter oiS" 
 the 28th ult., 1 have the honor to enclose herewith a proposed letter 
 of instructions, which I consider it would be proper to give the 
 agent you m;iy appoint to complete the selection of the Seminary 
 Lands granted to the Territory of Florida. 
 
 With great respect, your obedient servant, 
 
 THOS. H. BLAKE, Commissioner. 
 Hon. J. C. Spencer, Secretary of the Treasury. 
 
 Treasury Department, March 30th, 1844. 
 Sir; — I enclose a copy of a letter of appointment and instructions, 
 this day transmitted to the agents authorized to complete the selec- 
 tions of the land granted by law, for the use of a Seminary of Learn- 
 ing in Florida, and to report the same to this Department for its 
 definite action, in order that you may give the proper instructions to 
 the local Land Oflicerson the subject. 
 Very respectfully, 
 
 J. C. SPENCER, Secretary of the Treasury. 
 Thos. H. Blake, Esq., Commissioner General Land Office. 
 
 [Copy of the letter referred to in the foregoing communication from 
 the Secretary of the Treasury.^ 
 Treasury Department. March 30th, 1844. 
 
 Gentlemen : — You are hereby appointed the Joint Agents of this 
 Department, to complete the selections of the Land which the Sec- 
 retary of the Treasury is authorized, by the 11th section of the act 
 of Congress, providing for the Survey and disposal of the Public 
 Lands in Florida, approved 3d March, 1823, to locate and reserve 
 from sale, for the use of a Seminary of Learning in Florida. 
 
 The 1st section of the act of 29th January, 1827, providing for 
 the location of twro Townships, for a Seminary of Learning, directs 
 
24 
 
 that one of them shall be located East of the Apalachicola river, 
 and the other West of that river. As a portion of the Township 
 East of the River, there has been selected, with the approval of the 
 Department, a quantity of land equal to 11 f sections, and as a portion 
 of the Township West of the river, there has been selected in like 
 manner, a quantity equal to 31^ sections — thus leaving a quantity 
 equal to 24^^ sections to be selected by you on the East side of the 
 Apalachicola river, and a quantity equal to 4^ sections, also to be 
 selected by you on the West side of the river. 
 
 In accordance with the provisions of the act last mentioned, the 
 selections are to be made in tracts of not less than an entire section, 
 corresponding with any of the legal divisions into which the Public 
 Lands are authorized to be surveyed. 
 
 In locating such sections in bodies of Land, other than those of 
 technical sections, two-half sections, or four quarter sections, late- 
 rally contiguous, and forming a square tract, similar to a technical 
 section of a mile square, may be taken. When it may be deemed 
 expedient to select a fractional section, such fractional section must 
 be taken in lieu of an entire section. 
 
 As some of the lands selected by your predecessors, were found 
 to conflict with the valid claims of pre-emptors, it became requisite 
 to strike from the selections to the extent of these conflicts, and 
 hence it is, that residuary tracts, less than entire sections, have ne- 
 cessarily been approved ; and also, as a further consequence of these 
 conflicts, one tract of a half section, and another one of a quarter 
 section, yet remain to be selected. 
 
 Two quarter sections, laterally contiguous, must be taken for the 
 half section. Should it be desirable to select one or more fractional 
 quarter sections, as a portioa of this half section and quarter sec- 
 tion, such fractional quarter section must be taken in lieu of an en- 
 ?i?-c quarter. I enclose herewith, for your information and govern- 
 ment, a list prepared in the General Land Oflice, of the several 
 tracts which have heretofore been selected, with the approval of the 
 Department, for the institution in question. 
 
 You are requested, when the selections are completed, to forward 
 a list (if the same to this Department, for its definitive action. 
 
 I have to apprise you, in conclusion, that no provision having 
 been made by Congress, for compensation of the service above spe- 
 cified, none can, of course, be allowed by this Department. 
 
 In making the selection, it is, of course, to be understood, that you 
 are not to interfere with the rights of pre-emptors, or those who 
 have made improveuients with a view of becoming purchasers of 
 the land. 
 
 Each selection made, under these instructions, must receive the 
 assent and concurrence ot at least two of your number. 
 Verv respectfully, vour obedient servant, 
 
 J. C. SPENCER, Secretary of the Treasury. 
 To Thomas BaltzeU, Esq., Tallahassee, Walker Anderson, Esq., 
 Pensacola, Jas. G. Cooper, Esq., Nassau Co., E. Fla. 
 
25 
 
 LIST OF SEMINARY LANDS IN FLORIDA. 
 West of River. 
 
 T. 5, R. 11, N. and W— Entire section 1 ; E. |, and S. W. | of 
 sec. 2 ; S. E. i sec. 5 ; N. ^ sec. 4 ; W. », and W. h of N. E. J-, 
 and S. E. i, sec. 6 ; entire section 7 ; S. W. j, W. | S" E. i-, and E. 
 ^ N. E. i, sec. 8 ; E. i S. W. a, sec. 9 ; N. W. |- section 10 ; S. E. 
 i, and N. W. J , sec. 12 ; E. i of N. W. t sec. 14 ; E i sec. 15 ; 
 W. ^ S. E. i, and W. | N. E. i sec. 21 ; S. W. i sec. 22 ; S. h sec. 
 23; S. i and N. W. J sec. 24; entire sections 16, 17, 18, 19 and 
 20, and entire sections 25 to 36, inclusive. 
 
 T. 4, R. 7, N. and W.— Sections 14, 25 and 34. 
 
 T. 3, R. 9, N. and VV.— Section 18. 
 
 T. 5, R. 10, N. and W.— N. i, S. W. i, and E. A S. E. \ of sec- 
 tion 6, and entire section 14. 
 
 East of River. 
 
 T. 3, N. R. 5, W.— Sections 5, 7, 15, 17, 18, 22, 23 and 24, and 
 S. ^, andN. W. i of sec. 8. 
 
 T. 2, N. R. 4, W.— Sections 17 and 30, and frac. section 29. 
 
 Note. — ^On the 9th of June, 1827, Gov. Duval was advised that 
 the selection of the (oWowing fractional sections, (as a part of the 
 Township West of the river,) would be approved, provided they be 
 taken as entire sections, viz : 
 
 Fractional sections 5, 10 and 13, in T, 4, N. R. 7 W., and frac- 
 tional section 33, in T. 5, N. R. 7 W. 
 
 These fractional sections, or such of them as may remain un- 
 sold, can, if desirable, be now selected by the agents, on the condi- 
 tion above mentioned. 
 
 Subsequent to the above date, the lots 1, 2 and 5, in fractional section 33, 
 T. 5, R. 7, N. and W., have been sold. 
 
 Marianna, Florida, May 2rth, 1844, 
 Sir — The undersigned, appointed by the Hon. Secretary of the 
 Treasury, to locate such portions of the Seminary Lands as may 
 temain to be located under the act of Congress, have selected in 
 the Land Distiict East of the Apalachicola river, the following 
 tracts, and have reported the same to the Receiver of the Land Of- 
 fice at Tallahassee : 
 
 The West half of section 13, \ 
 The East " " » 14, S in T. 1, S. R. 5, E. 
 The South " " " 51,) 
 
 Also, the North half of section 6, in T. 2, S. R. 5, E. 
 All in the District of Lands offered for sale at Tallahassee. 
 We have the honor to be, Sir, your ob't servants, 
 
 THOMAS BALTZELL, 
 WALKER ANDERSON, 
 To the Hon. Secretary of the Treasury, Waahington. 
 
26 
 
 QuiNCY, Florida, May lOib, 1844. 
 To the Register of the Land Office at Washington City : 
 
 Sir : — As the Agent of the '' Deaf and Dumb Asylum of Ken- 
 tucky," I am desirous of ascertaining whether the following de- 
 scribed section of Land has ever been located for the use of the 
 said Asylum, to wit : " The West half of section thirteen^ and the 
 East half of seclion fourteen, both in township one South, of Range 
 five East, in the Tallahassee, Florida, District of Lands." I can- 
 not rely with certainty upon the entries in the books of the office 
 at Tallahassee, and would therefore desire to obtain the informa- 
 tion from the office at Washington. 
 
 This section of Land is reported to belong to the Asylum, but I 
 have received no " Patent" for it. If it should appear that it has 
 not been located for the Asylum, you would confer a favor by in- 
 forming me in whose name it has been entered. I am, &c. 
 
 C. H. DU PONT, Agent of D. and D. A. Ky. 
 
 General Land Office, June 1st, 1844. 
 Sir : — I have to state, in reply to your letter of the 10th ult.,-ihat 
 it does not appear from the books of this Office, that the West half 
 of sect. 13, and the East half of sect. 14, in Township 1 South, of 
 Range 5 East, have been patented to the Deaf and Dumb Asylum 
 of Kentucky, or entered by any individual. 
 
 The Register of Tallahassee has been written to on the subject, 
 and should it appear from his reply that our books are in error, you 
 will be hereafter advised. 
 
 Very respectfully, your obedient servant, 
 
 THOS. H. BLAKE, Commissioner. 
 C. H. Du Pont, Esq., 
 
 Agent for the Kentucky D. and D. Asylum, Quincy. 
 
 GenefvAL Land Office, June 1st, 1844. 
 Sir : — Be pleased to report to this Office, at your earliest conve- 
 nience, whether there is any evidence with you, to show that the 
 W. half of sec. 13, and the E. half of sec. 14, in Township 1 South, 
 of Range 5 East, have ever been selected, for the Deaf and Dumb 
 Asylum of Kentucky, or located or disposed of in any other manner. 
 Very respectfully, your obedient servant, 
 
 THOS. H. BLAKE, Commissioner. 
 Register of Land. Office, Tallahassee. 
 
 Register's Office, Tallahassee, June 8th, 1844. 
 Sir — Herewith I transmit you a copy of a communication receiv- 
 ed from Messrs. Thomas Baltzell and Walker Anderson, appointed 
 to complete the selections of the Land granted by law for the use of 
 a Seminary of Learning in Florida. 
 
 Very respectfully, your obedient servant, 
 
 R. J. HACKLEY, Register. 
 Thos. J. Blake, Esq., Commissioner General Land Office. 
 
27 
 
 [copy] 
 
 May 27tli, 1844. 
 Sir: — The undersigned, selected and appointed by the Hon. 
 Secretary of the Treasury of the United States, to locate such por- 
 tions of the Seminary Lands as remain to be located under the act 
 of Congress, have selected in the Land District East of the Apala- 
 chicola river the following tracts : 
 
 The West half of section thirteen, the East half of section four- 
 teen, and the South half of section thirty-one, in Township one 
 South, of Range five East. Also, the North half of section six, in 
 Township two South, of Range five East. 
 
 All in the District of Lands ofl'ered for sale at Tallahassee. 
 Respectfully, THOMAS BALTZELL, 
 
 WALKER ANDERSON. 
 To the Receiver of the Land Office at Tallahassee. 
 
 Register's Office, Tallahassee, June 2 1st, 1844. 
 
 Sir: — In reply to your favor of the 1st instant, I have the honor 
 to inform you, that there is no evidence in this office of the West 
 half of section thirteen, and the East half of section fourteen, in 
 Tov^•nship one South, of Range five East, having been selected for 
 the Deaf and Dumb Asylum of Kentucky. 
 
 On the first of said Township, the word "University" is written 
 across these half sections, and apparently afterwards crossed, which 
 I have regarded as having been selected for a Seminary of Learning 
 in Florida, and subsequently abandoned. The word " University" 
 ha.s sometimes been used, and at other times the letter " U," to in- 
 dicate in the plats of this Office, the situation of lands for said Sem- 
 inary. The Tract Book aftbrds no evidence of any selection or 
 disposition of said lands. 
 
 You will find, by reference to my communication to you of 8th 
 instant, enclosing a copy of a notice from T. Baltzell and W. An- 
 derson, Esqrs., (together with others which appear on the plats of 
 this office in precisely the same condition,) have been recently se- 
 lected by them for a Seminary of Learning in Florida. 
 
 There are fractional sections similarly checked on the plats of 
 this Office, which appear to have been selected by W. P. Duval, 
 Esq., while Governor of Florida, and not accepted by him, as the 
 Hon. Secretary of the Treasury of the United States could only ap- 
 prove of said selection on condition that they would be received in 
 Jieu of whole sections. 
 
 I must here ask the favor of you to advise me which course lo 
 pursue, if application shall be made for the last described lands. 
 Can I withhold them from sale, or must they be brought under the 
 9th section of Circular, dated January 1st, 1836. 
 
 Very respectfully, your obedient servant, 
 
 R. J. HACKLEY. 
 
 Thos. H. Blajce, Esq., Commissioner General Land Office. 
 
28 
 
 General Land Office, August 6, 1845. 
 
 Sir : — Your letter of 21st June last has been received. In reply 
 to so much of it as relates to the selection of some fractional sec- 
 tions for a Seminary of Learning, by Wm. P. Duval, Esq., while 
 Governor of Florida, and not approved by him, as the Hon. Secre- 
 tary of the Treasury of the United States could only approve of said 
 selection, on condition that they would be received in lieu of whole 
 sections," I have to state that these fractional sections are believed 
 to be those, (3. 10 and 13, in T. 4 N., 7 W., and 33, in 5 N., 7 W.,) 
 referred to in the " lists^' enclosed to you from this office on the 3d 
 of April last, as lands which may " be now selected by the agents," 
 provided they be taken as full sections. You will for the present, 
 and until the selection of the Seminary Lands shall be completed, 
 withhold these fractional sections from entry of every description. 
 
 Should the)/ not be embraced in the selections of the agents, they 
 must then be treated in the manner pointed out in the 9th article of 
 the Circular of the 1st January, 1836, before they can be subject to 
 entry at private sale. 
 
 Very respectfully, your obedient servant, 
 
 THOS. H. BLAKE, Commissioner. 
 
 Register, Tallahassee, Fla. 
 
 General Land Office, September 19th, 1844. 
 
 Sir : — I have the honor to return herewith a communication from 
 Thomas Baltzell and Walker Anderson, bearing date 27lh May, 
 1844, reporting certain selections as Seminary Lands in the District 
 East of the Apalachicola river, Florida. It is addressed to the 
 Secretary of the Treasury, and was referred to this Office by the 
 Acting Secretary, on the 12th of June, 1814, for the Commissioner's 
 e.xamination and report. 
 
 An enquiry having been made of this office by the agent of the 
 Deaf and Dumb Asylum of Kentucky, whether two of the tracts 
 selected by Messrs. Baltzell and Anderson had not been located 
 for the use of said Asylum ; it was found on examination, that the 
 files of this offi.ce did not evidence the fact of said location, and the 
 Tallahassee oflice was addressed on the subject. From Register's 
 reply (herewith enclosed, bearing date 31st June, 1844,) it appears 
 that there is no evidence in his office of the selection of the tracts 
 in question, for the said Asylum. Accompanying this communica- 
 tion is also a letter from the Register at Tallahassee, dated 8th 
 June, 1844, transmitting a copy of a letter received from Messrs. 
 Baltzell and Anderson, notifying that office of their selection, as 
 Seminary Lands, of the tracts embraced in their report to the Sec- 
 retary. 
 
 The tracts selected and reported are now vacant, (so far as returns, 
 have been received at this office,) and it appearing that the selec- 
 tions have been made in accordance with the letter of instructions 
 
29 
 
 from the Treasury Department, bearing date 30th March, 1844, they 
 are recommended for your approval. 
 
 I am, sir, with great respect, your ob't serv't, 
 
 JAS. SHIELDS, Comm'r. 
 Hon. R. J. Walker, Sec. Treasury. 
 
 [The Commissioner's letter (with its enclosures) was returned to 
 the General Land Office by the Secretary of the Treasury, on the 
 23d September, 1845, with Secretary's approval of the selections 
 therein submitted, and endorsed on the said letter.] 
 
 General Land Office, ^ 
 
 September 25th, 1845. ^ 
 
 Gentlemen — I have to inform you that the Secretary of the Trea- 
 sury has approved (on the 23d inst.) the selection of the undermen- 
 tioned tracts, for the use of a Seminary of Learning in the District 
 East of the Apalachicola river. 
 
 They were reported to this office by the Register at Tallahassee 
 in his letter of 8th June, 1844, enclosing a copy of a communica- 
 tion received from Messrs. Thomas Baltzelland Walker Anderson, 
 who were appointed by the Secretary of the Treasury to complete 
 the selections for the use of the said Seminary : 
 
 West half of section 13, ^ 
 
 East " " 14, [- In T. 1, South, R. 5, East. 
 
 South " " 31,) 
 
 North " " 6, in T. 2, South, R. 5, East. 
 
 You will please to note, in ink^ upon your tract books and plats, 
 ihe Secretary's approval of the said selections, in order to prevent 
 any other disposition of the lands in question. 
 
 Very respectfully, &c. 
 
 JAS. GUILDS, Comm'r. 
 
 Register and Receiver at Tallahassee, Florida. 
 
 JAst of the Lands selected for a Seminanj of Learning, under ihe 
 
 jirovisions of ihe Acts of Congress of 3d March^ 1823. 
 
 and 29/A of January^ 1827. 
 
 (west of the APALACinCOLA KIVER.) 
 
 All of Section 1, Township 5, N. Range 11, W. 
 
 E. i & S. W. \ Sec. 2 ; S. E. i Sec. 3 ; N. h Sec. 4 ; W. | & 
 W. I of E. I Sec. 6 ; all of Sec. 7 ; all in Township 5, N. Range 
 11, W. 
 
 S. W. \ W. i, S. E. i, & E. I N. E, \ Sec. 8 ; E. ^ S. W. ^ 
 Sec. 9 ; N. W. i Sec. 10 ; S. E. i & N. W. ^ Sec. 12 ; E. ^ of 
 N. W. Sec. 14 ; E. \ Sec. 15 ; W. -i S. E. i, & W. ^ N. E. \ 
 Sec. 21 ; S. W. i Sec. 22 ; S. ^ Sec. 23 ; S. Jl & N. W. :| Sec. 
 24. All in Township 5, N. R. 11, W. 
 
 All of Sections 16, 17, 18, 19, 20, 25, 26, 27, 28, 29, 30. 31, 32, 
 33, 34, 35, 36, of T. 5, N. R. II, W. 
 
30 
 
 All of Sections 14, 23, 24, in T. 4, N. R. 7, W. 
 
 All of Section 18, T. 3, N. R. 9, W. 
 
 N. E. 1 S. W. i & E. i S, E. i of Section 6, T. 5, N. R. 10, W. 
 
 All of Sections 14, T. 5, N. R. 10 W. 
 
 Fractional Section 3, T. 4, N. R. 7. W. 
 
 (I (1 -^Q (1 (f u tt ii (( 
 
 (C U lO 11 (( (( (1 If <( 
 
 33, " 5 " "" '• Lots 1,2, & 5, since sold. 
 Approved if taken as entire Sections, but not vet accepted by 
 Florida. 
 
 (east of the apai.achicoi.a rivkr.) 
 
 All of Sections 5, 7, 15, 17, 18, 22, 23, 24, in T. 3, N. R. 3, W. 
 S. E. i & N. W. i Sec. 8, T. 3, N. R. 3, N. 
 All of Sections 17, 30, in T. 2, N. R. 4, W. 
 Fractional Sec. 29 ; W. a of Sec. 13 ; E. ^ Sec. 14 ; S. ^ Sec. 
 31,T. 1, S. R. 5, E. N. i Sec. 6, T. 2, S. 
 
 Lot-38 
 
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