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B. McClblland, Secretary of the Interior. Exhibit I. Depabtmeni or the Interior, July 23, 1866. Sir : I have the honor to submit herewith the paperf in the '^ Por- tage City case," so called, for your opinion upon certain points in- volved therein^ as hereafter specified. The contest appears to involve the United States, the State of Wisconsin, and the persons interested in Portage City, and came before the department in a letter of the Commissioner of the General Land Office of the 30th of Jun...e last, to be found among the papers. When the grant was made to the State, the Indian title to the particular land in controversy existed, and con- tinned for several years, and until the same was extinguished bj treaty of October 14, 1848. Immediately^ after such extinguishment, the judge of the county, in strict conformity with law, made an emtry JOSHUA J. GUPPBT, 19 of the lots in dispute, and aoon after the State embraced them in a list of selections under the grant, and before the entry was reported to the General Land Office, and without any knowledge of that fact, the selection was approved.
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