In response to Senate resolution of February 5, 1885, papers on file in his Department relating to the Moquelamos grant, in California.

FEBRUARY 21, 1885.-Letters of the Secretary and Commissioner of the General Land Office ordered to be printed and, with the accompanying papers, referred to the Committee on Printing.

DEPARTMENT OF THE INTERIOR,
Washington, February 20, 1885.

SIR: In answer to Senate resolution of the 5th instant, directing me "to furnish and transmit to the Senate copies of all correspondence, affidavits, petitions, arguments, reports, and decisions on file in the Department of the Interior, or rendered by any of the officers of that Department, with reference to or in connection with the Moquelamos grant, in the State of California, and the surveys thereof, and the status of settlers thereon," I have the honor to transmit herewith copy of report on the subject, of this date, by the Commissioner of the General Land Office, with the accompanying papers; also copies of papers on file and of record in my office.

Very respectfully,

H. M. TELLER,

The PRESIDENT OF THE SENATE PRO TEMPORE.

Secretary.

Schedule of papers from Secretary's office.

1. Department letter to Attorney-General, February 7, 1879. 2. Department letter to Attorney-General, October 21, 1880. 3. Anonymous petition to Congress, dated February 8, 1882.

4. Letter from Attorney-General, April 14, 1882, inclosing copy of communication from George M. Hurlbut, dated April 5, 1882.

5. Department letter to Attorney-General, April 17, 1882.

6. Letter from Acting Attorney-General, May 18, 1882, inclosing copy of letter from United States district attorney at San Francisco, dated May 10, 1882.

7. Letter from Acting Attorney-General, May 29, 1882.

8. Letter from Hon. G. D. 'Wise, July 20, 1882, inclosing a letter from Tully R. Wise, dated June 29, 1882.

9. Department telegram to Smith & Keniston et al., May 31, 1883.

10. Department telegram to Hon. J. F. Miller, San Francisco, Cal., September 17, 1883.

11. Department letter to Attorney-General, December 7, 1883.

12. Department letter to Attorney-General, January 21, 1884.

13. Letter from Henry Beard, January 23, 1884.

14. Letter from Hon J. N. Dolph, December 22, 1884, inclosing copy of H. R. 100, entitled "An act for the relief of certain pre-emption and homestead settlers in California."

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., February 20, 1885.

SIR: I am in receipt, by reference from you on the 5th instant for report, of the resolution of the United States Senate, dated February 5th, instant, directing you "to furnish and transmit to the Senate copies of all correspondence, affidavits, petitions, arguments, reports, and decisions on file in the Department of the Interior, or rendered by any of the officers of that Department, with reference to or in connection with the Moquelamos grant, in the State of California, and the surveys thereof, and the status of settlers thereon."

I have the honor to submit herewith copies of all papers on file or of record in this office coming within the purview of said resolution. The copies transmitted are fully described in the schedule annexed to and accompanying this letter.

The resolution is herewith returned.

I am, sir, very respectfully, your obedient servant,

Hon. H. M. TELLER,

N. C. MCFARLAND,

Commissioner.

Secretary of the Interior.

Schedule of copies transmitted to the honorable Secretary of the Interior in compliance with Senate resolution of February 5, 1885.

A. Moquelamos grant, Spanish.

B. Moquelamos grant, translation.

C. Petition to board of commissioners.

D. Deposition of N. A. Den.

E. Journal entries.

F. Decision of the board of commissioners.

G. Letter from Hon. George F. Edmunds, dated November 23, 1875.

H. Letter of Commissioner of General Land Office to Hon. George F. Edmonds, dated November 24, 1875.

I. Same to same, dated November 30, 1875.

J. Same to same, dated December 1,1875.

I. Letter from register, Stockton, California, dated October 28, 1869, with testimony and all papers, and joint opinion of local officers, in the contested case of Sargent et al and Treadway et al. vs. Western Pacific Railroad Company.

II. Brief of claimants and arguments by J. H. Budd, E. L. Carr, and John Mullan
III. Argument of B. B. Redding for the Western Pacific Railroad Company.
IV. Paper of B. B. Redding.

V. Brief of B. B. Redding on appeal.

VI. Brief filed by Britton & Gray, January 21, 1870.

VII. Decision of Commissioner of General Land Office, February 24, 1870.

VIII. Argument submitted by H. Beard and Bartley & Stanton, March 3, 1870. IX. Appeals filed by same, March 26, 1870.

X. Letter of Commissioner of General Land Office, dated April 4, 1870, transmitting case to Secretary.

XI. Letter of John Mullan, dated April 19, 1870.

XII. Letter and argument filed by Bartley & Stanton, April 23, 1870.

XIII. Letter of T. W. Bartley, dated May 18, 1870, calling attention of Secretary to questions of law.

XIV. Letter and brief filed by Britton & Gray, June 25, 1870.

XV. Argument filed by Bartley & Stanton in Secretary's office.

XVI. Decision of Secretary, dated July 7, 1870.

XVII. Letter of James H. Storrs, dated November 10, 1870, with brief of H. Beard. XVIII. Protest filed by Brittou & Gray, December 3, 1870, against review of case by Secretary.

XIX. Diagram showing location of Western Pacific Railroad Company in San Joaquin County, California.

XX. Acting Secretary returns all papers, March 16, 1871, and directs that decision of July 7, 1870, be carried into effect.

XXI. Letter of Commissioner of General Land Office, dated March 27, 1871.
XXII. Letter of C. P. Huntington, dated April 8, 1871.

XXIII. Letter of Secretary, dated July 25, 1870, inclosing copy of his letter to
Bartley & Stanton.

1. Letter from register, Stockton, Cal., transmitting rejected applications of Clayton Beck and sixteen others to file on lands patented to Western Pacific Railroad Company, and appeal.

2. Letter from W. S. Buckley and J. H. Budd, dated January 1, 1878, and argu

ment.

3. Decision of Commissioner of General Land Office, dated January 25, 1878.

4. Letter from register, Stockton, Cal., dated March 21, 1878, transmitting appeal. 5. Letter from receiver, Stockton, Cal., dated June 3, 1878, trausmitting argument by W. T. Buckley and J. H. Budd.

6. Letter from H. Beard, dated July 30, 1878.

7. Letter from W. J. Johnston, dated January 10, 1879, submitting argument.

8. Decision of Secretary of the Interior, January 30, 1879.

9. Petition, dated March 1, 1880, filed by Hon. H. F. Page.

10. Letter of the Commissioner of the General Land Office of May 21, 1880, to Hon. H. F. Page.

11. Papers transmitted with letter from G. M. Hurlbut, dated March 1, 1880.

12. Letter of the Commissioner of the General Land Office of May 24, 1880, to G. M. Hurlbut.

13. Decree of Supreme Court of the United States, December, 1864.

14. Letter of the Commissioner of the General Land Office to H. Beard, dated Jannary 13, 1871, with list.

15. Letter of H. Beard, January 20, 1871, in reply to above.

16. Letter of Commissioner to H. Beard, January 31, 1878, with list.

17. Letter of H. Beard, dated February 6, 1878.

18. Letter of Commissioner to Secretary, dated February 1, 1879.

19. Letter of register at Stockton, dated December 16, 1870, transmitting copies of three letters specified therein.

20. Diagram of supposed Moquelamos grant, transmitted with above letter.

21. Letter of Commissioner to Secretary, dated June 30, 1879.

22. List of lands in extended limits of Moquelamos rancho which have been patented to Western Pacific Railroad Company.

23. Letter of Acting Commissioner of the General Land Office of December 12, 1879, to Hon. H. F. Page.

24. Report of Acting Commissioner to Secretary, dated October 13, 1880.

25. Letter from E. Wilkins, dated February 5, 1881.

26. Letter of Commissioner to E. Wilkins, dated February 25, 1881.

27. Letter of Attorney-General to Secretary of the Interior, dated February 15, 1879. 28. Letter from United States surveyor-general of California, dated June 6, 1879. 29. Diagram of "Bond survey," showing extended limits of Moquelamos rancho. 30. Letter from United States Attorney-General to Secretary of the Interior, dated July 11, 1879.

31. Letter from Hon. H. F. Page, dated January 23, 1882.

32. Letter of Commissioner of the General Land Office to Hon. H. F. Page, dated January 26, 1882.

33. Letter of Commissioner of the General Land Office, dated February 18, 1879, to United States surveyor-general of California.

34. Letter of acknowledgment from chief clerk United States surveyor-general's office, California, dated February 27, 1879.

35. Letter from Philip Feare, United States attorney, dated San Francisco, Cal., January 26, 1880, to United States Attorney-General, relative to proceedings against Western Pacific Railroad Company to set aside certain patents.

36. Letter from Philip Feare, United States attorney, San Francisco, Cal., dated January 28, 1880, relative to bill of complaint against Central Pacific Railroad Com

pany.

37. Letter from Hon. J. F. Miller to Secretary of the Interior, dated April 20, 18-1. transmitting papers.

38. Letter from Hon. H. F. Page, dated May 25, 1880, to George M. Hurlbut, inclosing letter from Commissioner of the General Land Office.

39. Letter from George F. Hurlbut, dated April 8, 1881, to Hon. J. F. Miller, transmitting appeal from decision of Commissioner of the General Land Office.

40. Copy of appeal of George M. Hurlbut from decision of Commissioner of the General Land Office.

41. Letter from Acting Commissioner of the General Land Office, dated April 29, 1881, to United States surveyor-general of California, requesting copy of field-notes of survey of eastern boundary Moquelamos rancho by Deputy Bond.

42. Protest of Henry Beard, attorney for Western Pacific Railroad Company, dated May 19, 1881, against further survey of boundaries of Moquelamos claim.

43. Letter from Hon. J. F. Miller, dated June 23, 1881, inclosing letter from George M. Hurlbut of May 26, 1881.

44. Letter of Commissioner of the General Land Office of July 7, 1881, to United States surveyor-general of California.

45. Letter from United States surveyor-general of California, dated August 12, 1881, transmitting copy of field-notes of survey by L. D. Bond, deputy surveyor of eastern boundaries Moquelamos.

46. Report of Commissioner of the General Land Office to Secretary of the Interior. dated September 27, 1881.

47. Letter of Secretary of Interior to Commissioner of the General Land Office, dated October 20, 1881.

48. Letter of Commissioner of the General Land Office to United States surveyorgeneral of California, dated November 2, 1881.

49. Letter of Commissioner of the General Land Office to Hon. J. F. Miller, dated January 5, 1882.

50. Letter from United States surveyor-general of California, dated March 17, 1882. transmitting diagram of east line of rejected Moquelamos claim, as surveyed by A. W. Von Schmidt, deputy surveyor.

51. Protest of Tully R. Wise, March, 1882, against survey of eastern line of Moquelamos.

52. Protest of C. C. Paulk, attorney for Elijah Wilkins et al., as to above survey. 53. Petition of C. C. Paulk to Congress relative to settlers on lands patented to railroad company.

54. Letter of Commissioner of the General Land Office, dated March 23, 1882, to W. J. Johnston, transmitting copy of diagram of Moquelamos.

55. Report of Commissioner of the General Land Office to Secretary of the Interior, dated May 8, 1882.

56. Letter from Hon. W. S. Rosecrans, dated May 9, 1882, to Commissioner of the General Land Office, transmitting petition of citizens of California.

57. Protest of Henry Beard, attorney for Western Pacific Railroad Company, dated July 6, 1882, with accompanying diagram.

58. Letter of George M. Hurlbut, dated October 19, 1882, to Secretary of the Interior. 59. Letter of Commissioner of the General Land Office, dated November 1, 1882, to George M. Hurlbut.

60. Letter of George M. Hurlbut, dated November 22, 1882, to Secretary of the Interior.

61. Brief submitted by George M. Hurlbut to Secretary of the Interior, April 3, 1883. 62. Letter dated May 19, 1883, from Messrs. Smith & Keniston, Byers & Elliot, and C. C. Paulk, requesting additional time to file argument.

63. Letter of W. J. Johnston and M. D. Brainerd, dated June 28, 1883, entering ap pearance in behelf of Moquelamos settlers.

64. Letter from Hon. J. F. Miller, dated July 23, 1883, to the Secretary of the In

terior.

65. Letter from E. T. Chestnut wood to the Secretary of the Interior, dated July 9, 1883.

66. Letter from Hon. J. F. Miller to the Secretary of the Interior, dated September 8, 1883.

67. Letter from H. Beard, dated September 15, 1883.

68. Letter from George F. Hurlbut, dated September 23, 1883, to Hon J. F. Miller. 69. Stipulation of attorneys, September 28, 1883, as to day set for hearing argument before Department of Justice in Moquelamos claim matter.

70. Letter of H. Beard, dated October 1, 1883, to the Secretary of the Interior. 71. "Discussion of the boundaries of the Moquelamos claim in California," submitted by H. Beard.

72. Article describing murder of Patrick Brun on Moquelamos grant, from the Stockton "Semi-Weekly Independent," dated September 8, 1883.

73. Similar article from Stockton (Cal.) “Once a Week," dated September 9, 183.