From the Pennsylvania Inquirer. THE LOCUSTS. EXTRACT TO THE EDITOR, DATED Philadelphia County, May 29th, 1834. However regular the Locusts have been in the year and month of their re-appearance, they were not so exact to the day appointed them in the papers-they came forth freely on the 18th, 20th, and 22d, as well as on the 25th of May, and still continue to issue from the ground. For a few days before they were seen, their holes were opened, to the air, and the boys, by pushing down a straw or stick for a few inches, drew up the Locusts, still enclosed in their shells, grasping the extremity. In digging about fruit trees several weeks ago, numerous holes, not yet perceptible above ground, indicated the numbers preparing to crawl out, and a farmer told me, that when he ploughed an orchard, to plant early potatoes, he could have covered the potatoes with locusts, they were in such quanti• ties; and he attributed the loss of three fine pigs, to an indigestion by consuming them. Whether this was the true cause of death I cannot decide, but that the locusts form a very acceptable variety of food for domestic poultry, is very apparent, from the avidity with which every description pursue and devour them.I recollect being informed by an experienced sportsman, that during one of the periodical accessions of the locusts, he tried in vain for three days, to obtain a trout in the streams of Northampton, as the fish were so well fed with locusts, they would not bite at any of his baits. -I see that ducks leave the creek, and neglect food they generally desire, such as the roes and cleanings of shad, to range the woods after locusts, and when they fall upon the water, there is an eager scramble for them; while chickens and guinea fowls,rambling at a distance from the farm house, keep a sharp look-out for all that reach the ground. A lady who recollects their last appearance says, that season was very favourable for poultry, and large quantities were raised, with little care of the hen wife. I think all kinds of birds abound unusually in the woods this spring. I When the locusts ascend from the earth, which think they do in the night, they crawl up some adjacent tree, fence, or other convenience, and wait the developement essential to their perfection. The air, the temperature, and the vital functions with which they are endowed, increase their size and form. The colourless membrane which covers the entire body and limbs, dries, separates from the living parts, and becomes a transparent shell, which, splitting in the form of a cross upon the back and head, according to a regu lar and uniform structure, the winged insect appears,and gradually assumes its full colours. In delivering itself from its original covering, it holds tenaciously by a small twig, leaf, straw, or fibre. The tail and body appear to be first released, as I have found several held by the head within the dried membrane, and some retained by a wing and leg. In a few instances, either from positions or weakness, the ordinary processes have failed, and the locusts remain firmly enclosed in an unopened shell. Where any difficulty of this kind appears, the black ants seize upon the feeble and devour them. I saw one thus attacked while yet palpitating with a vain effort to es cape. These assailants know well how to discriminate; for the locusts, after being extricated from the shell, remain upon the trees to dry their wings, which gradually unfold, and gain full vigor, size and color; but the abortions are alone assaulted by the ants. I do not know whether the locusts have originally been deposited under or near certain trees, or whether they select after issuing from the ground; but, appa rently, they affect some descriptions more than others. Their holes are mostly to be found under fruit trees in an orchard. But forest trees are covered with the living locusts. I have observed them on cherry, apple, pear, chestnut and cedar trees, in abundance; an old lombardy poplar was very full; on a small branch about two feet long, I counted 15 shells and 11 locusts awaiting their full powers; and a small stalk with leaves, not a span in length, had 12 shells on it. I have seen 3 shells crowded upon the top of each other, and these deserted. The leaves of a poison vine, running round an ash tree, were very full of exuviæ, crowded upon each other, as were the leaves of the butter nut also, and those of the black oak. There are many on the rough bark of the American poplar, on the black mulberry, red maple, the leaves of which are dotted black by the late frosts; on young sassafras and dogwood. But I have not seen any shells or locusts upon the button-wood, green or weeping willow, wild cherry, hickory, shellbark, beech, black walnut, or gum trees. The stalks of rye in an orchard, and the fields about it, are much frequented by them. Their organs of voice, or noise, are not perfected immediately after they are extricated from the shell; they seem to require a few days rest, and increased strength, and full organization to prepare for this exertion. In the country they were heard feebly on the 25th; on the 26th and 27th more loudly; sounding in the woods with a noise something between that of a chicken-cock, when he warns his wives of a distant hawk, or expresses his disapprobation of their quarrelling, and the croaking of a tree frog. Insects of all kinds are abundant: catterpillars devour the leaves of fruit trees, and small flies anticipate us with cabbages, egg plants, radishes, &c. 30th May. The locusts continue to issue from the ground to-day in undiminished numbers -a multitude of holes, of a diameter freely to permit their passage, seem to accompany the ramifications of the roots, especially of old fruit trees, and in some places, give the appearance of an earthen sieve covered with their abandoned shells. 2d June. The cold rain on the first of June, and previously, arrested the perpetual roaring, to which the noise of myriads may be assimilated, but a slight cessation of rain and increased temperature in the middle of the day, again permitted it to resound. I believe the organs which yield this noise are peculiar only to the males, being connected with the sides, and forming a kind of inflated, closed, crimped ruffle, which dilates and vibrates at their will. When in full roar, the chorus is like the accord of watchman's rattles and humming tops! What are the shapes which this insect assumes in its previous transformations, I am unable to state, and have no reference at hand to inform HAZARD'S REGISTER OF PENNSYLVANIA. DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE VOL. XIII.-NO. 24. EDITED BY SAMUEL HAZARD. PHILADELPHIA, JUNE 14, 1834. NO. 338. REPORT ON THE CHESAPEAKE AND DELA- The same plan of operations was pursued in that case, and with like effect. WARE CANAL. Fifteenth General Report of the President and Directors pleted, and a dredging machine was employed in clearThe work on these two slips had been nearly comof the Chesapeake and Delaware Canal Companying out the earth that had risen in the bottom of the June 2d, 1834. canal opposite to them, when another disaster took place, which, at first view, was supposed by most per- . sons would close the navigation for the present season, and involve an immense expenditure in repairing the damages that would arise from it. This was a breach The Board of President and Directors of the Chesa peake and Delaware Canal Company, submit to the proprietors the Amual Report of the concerns of the Company, with the statement of the Treasury. To the members of the Board, it is a subject of pain-in the embankment which had been made across the ful regret, that it is not in their power to make a more favorable exposition of the situation of the Company, than that contained in the present report. They, however deem it alike due to the stockholders, and to themselves, to give a brief sketch of some of the difficulties and embarrassments that have been encountered during the past year, which have been among the principal causes, by which the Company has been placed in its present position. These causes have been of such characters, as were neither to be anticipated nor avoided; and no alternative was left but to yield to them, or promptly to meet their consequences, and as far as practicable lessen their evil effects. The latter course has been successfully adopted. former bed of Broad creek, for the purpose of holding up the water for the summit level of the canal. This embankment had a base of about one hundred feet, was twenty feet wide on the top, and raised about two feet above the high water line of the canal. After its stability had been tested by several years, no apprehensions were entertained in relation to it. Yet at a time when there had been no recent storm, nor other apparent cause, by which the bank could have been injur. ed, a breach in it took place, which in a very short time was extended to about one hundred and fifty feet in width, through which, at about daylight on the 19th of April last, the water of the upper level was found to be rapidly passing out to Broad creek. The water on this level covers a space of about five of ten feet in depth. Notwithstanding the velocity with which this immense quantity of water was rushing out through the opening in the bank, a dam was thrown across the western end of the deep cut, at a place called Bell Hill, and by this means about six and a half feet of water was retained, in all that part of the canal lying east of that point, being about seven miles in length, and covering probably four hundred and fifty acres. In December last, a violent storm so raised the wa-hundred and sixty acres, and was at that time upwards ters of the Delaware river, that its embankmen's, from near New Castle to the eastern outlet of the canal, at Delaware City, were in many places swept away. The water in the canal, by the same cause, and by the increased height of the river, was also raised above its ordin ry limits in the lower level, and broke over its embankments in three different places; by which the water of the canal, on that level, escaped from it, and overflowed the adjacent low grounds. This event caused not only the loss of money, necessary for the repairs of the damages sustained, but also the loss of revenue from the canal, during the time its navigation was suspended, which was for about ten days; at the end of which period it was closed for the season by ice. In the early part of the present season, indications were shown of an extensive slip, or sinking of the earth, about to take place on the upper level of the canal, in that part of it where the excavation had been the deepest, and the spoil banks the highest. The vast extent of this slip, it being about one thousand feet in length, and extending nearly two hundred feet back from the canal, and where the embankments were from eighty to one hundred feet above the water in it, created apprehensions that the navigation of the canal would be for a time entirely closed, by the sliding of this earth into the channel of it. By this operation which was promptly and judiciously effected by the superintendent, not only a large quantity of water was saved, but the serious injuries prevented, which otherwise might have taken place in the "deep cut," by the sudden abstraction of water depriving the sides of it of support-and the loss of time and cost of repairs made comparatively light. Measures were immediately adopted, to repair, as soon as practicable, the various damages the canal had sustained. These were the breach through the em bankment at Broad creek, the destruction of an abut ment of the western pivot bridge, which had been swept away, and the settling and sliding into the bed of the canal of a large quantity of the towing path, which was also otherwise broken, and much injured for upwards of a mile. These damages have been so far re paired, that the navigation of the canal has been again resumed, by vessels drawing six feet water, after a susThis, however, was prevented by immediately ap- pension of thirty days, and at a cost very small, in plying a large force, and removing the earth very rap-amount to that which in the first instance was anticiidly, by which means the serious consequences of an pated. entire stoppage of the navigation were avoided. The One of the most serious consequences of this disas sinking and pressure of this immense mass of moving ter, has been the loss of water from the summit level. earth, had however the effect of forcing up the bottom The excess of water held on this level, above what was of the canal opposite to it, between three and four feet necessary for the passage of the ordinary class of ves. above the regular level, and consequently, decreasing sels that navigate the canal, was one of the means to to that extent the draught of water in that place. Ano- supply the requisite quantity of water during the ther slip, similar in every respect, except in being much drought of summer. This has been lost, and the reser less extensive, took place nearly opposite to this one. voirs, which were the remaining resources, have been VOL. XIII. 47 If emptied into the canal to supply its present wants. therefore, the weather should be dry during the ensuing summer months, there will probably be a deficiency of wat ron the summit level. Such precautionary measures have been adopted in relation to the embankment at Broad creek, as will, it is believed, entirely prevent the recurrence of an evil, similar to that which has lately taken place, whether it may have been caused by accident or design. The canal, locks, bridges, culverts, and waste wiers, are in the usual order, and will not, it is hoped, require any unusual expenditure this season, unless it should be hereafter found necessary still further to protect the banks, or to obtain an additional supply of water. The various disasters that have occurred on the canal during the past year, have been the means of decreas. ing the revenue of the Company, and have greatly added to its expenses. From these causes, as well as from the general prostration of trade, by which the bu siness of the canal has been materially affected, the receipts of toll for the last year have been less than the preceding year whilst the expenditures of the Company have necessarily been greater. This state of things has created an embarrassment in the finances of the Company, which has prevented the disposal of the loan, hitherto authorized, and the payment of the interest on the loans which was due in January last, and must have the same effect on the interest which becomes due in July next. These sus. pended payments of interest, some of the persons to whom they are due propose to have converted into loan, payable, with interest, when the finances of the Company may hereafter enable that to be done. On this subject nothing has been determined. Soon after a suspension of the payment of interest, a request was made by the banks from whom money had been borrowed for the completion of the canal and other purposes of the Company; that further security should be given to them for their respective loans. As the board had no disposition to cause the expenses incident to suits at law for obtaining verdicts, it was determined that judgments should be given to the banks for the amounts respectively due them, which was directed to be done, and the usual proceedings took place. Since the last annual report, the long pending suit of Mr. John Randal, jr. against the Chesapeake and Delaware Canal Company, has been tried, and a verdict of $226,385 84 given against the Company, after a long trial and various arguments on the legal points involved in the case. The questions that arose in the course of the trial, in relation to the construction of the contract between Mr. Randal and the Company, were very generally, in all material points, decided against the Company. To some of the decisions, vitally affecting the case, legal exceptions have been taken, which gentlemen eminent in the law, confidently believe can be fully sustained. On the extraordinary issue of this suit, and the various circumstances connected with it, the board do not think proper to make a single comment. Nothing further has been done in relation to this matter, since the verdict was rendered. The tolls received since the last Report amount to $54,091 66, principally arising from vessels loaded with the following articles, viz: 517 packets carrying merchandize. 1152 vessels, carrying wood 30,270 cords. 337 do. and arks, carrying lum- 40 do. 155 do. 418 do. 2819 do. 5438 passages made through the canal, from June 1st 1833, to June 1st, 1834. The following statement will show the number of passages through the canal, and the amount of toll received during corresponding perods of the last and the preceding years. Number of Passages. From June 1, 18:2, to From June 1, 1833, to From Del. From Ches. | Total ⚫ Amount of Tulls. From June 1, 1832, to Jan. From Jan. 1, 1833, to June From June 1, 1833, to Jan. From Jan. 1, 1834, to June $37,371 15 23,789 23 $42,678 32 - 61,160 38 54,091 66 In almost every work of internal improvement that has been attempted in our country, losses and difficulties have been experienced; and each company have had their seasons of gloom, which have generally passThe past year ed by, and given place to better times. my emphatically be called the gloomy period of this Company. But still it has not been so cheerless as to forbid the hopes that it too will pass away, and that the expectations of those who have promoted this great and useful, though difficult work, may yet be realized. After having given an outline of some of the embarrassments that have been met by the Company, it may also be proper, on the other hand, to glance at its future, and, it is hoped, its better prospects. Until the general prostration of trade last autumn, the business of the canal was increasing, and there is every probability that it will again increase, as soon as commmerce is relieved from its present paralyzed state. The opening of the Delaware and Raritan Canal, which is expected to take place in a week or two, will complete the chain of inland sloop navigation, from the north to the south; of this chain, the Chesapeake and Delaware Canal has, hitherto, been but an unconnected link. This event, it is believed, will be highly beneficial to the Chesapeake and Delaware Canal Company, by giving to it tolls on a portion of that immense trade between the north-eastern and southern states, which now passes by the sea-coast. Although this probably will not immediately change the aspect of the Company's affairs, yet its effects will no doubt soon be felt on the revenue, and will progressively augment it. The same effect must also result from the internal im. provements of the southern and western states, that are now in progress--each of which, as they become completed, will open a new channel for trade and intercourse with the north-and the Chesapeake and Delaware, and the Delaware and Raritan Canals, will proba bly be the great avenues through which the heavy por tions of this trade must pass, and be therefore greatly benefited. Signed by order and on behalf of the President and R. M. LEWIS, President. A warrant must be judged of as it appears on the face of it; and whether it is sufficiently descriptive of, or locates precisely the lands in question, can only be determined by testimony ascertaining the local situation of the grounds, and the natural and artificial boundaries and marks contained therein. And the intention of the party is of no moment, unless it is reduced to writing in the warrant. But such intention may be given in evidence against the warrantee. So determined, at Huntingdon, May, 1793, before M'Kean, C. J. and Yeates, J. in the Lessee of F. M. Nesbit v. Titus, Kerr and Rankin, (MSS. Reports.) The witness was offered, to prove the parol declarations of the secretary of the Land Office at the time of issuing the warrant, the claims of Rankin to the lands in question, and his intentions in taking out the warrant; and also the applications of the witness, as agent of Rankin, to Richard Tea, the deputy surveyor of the district to cause the lands to be surveyed, and what passed thereon. is the only notice the applier gives of his intentions to appropriate certain lands, and the adverse party shall only be effected therewith. Absolute, precise certainty, however, is not to be expected in the descriptions of lands to be surveyed in a new country. It has been often said, that they need only to be certain to a c mmon intent. Yet the intentions of an applier for lads may be given in evidence against him to defeat his pretentions to the object in dispute, by showing that he intended to locate other lands. Because the mischiefs and inconveniences attending the former case, do not exist here. The rest of mankind are not prejudiced, or injured by such testimony; it only affects the party who declares his views and designs in the contract, to what particular spot he considered it as referable. In the lessee of Irwin v. Bear and Owen, at a circuit court, Northumberland, October, 1805, before Yeates, J. The controversy was chiefly respecting the relative merit of the applications, whether they were descriptive of the lands in question. The defendant's counsel offered to show that the original owner of the application under which he claimed, who made the discovery, was, when he made the description thereof, on a certain stream of water running through the land in question, and that the said stream of water was then considered by him, and the people with him as the second fork of Fishing creek, (which the location called for;) and that then, and sitting upon a log on the land, he made the description thereof, which was inserted in his application; which was oppo. sed. By the Court. Part of the testimony offered is admissible, and part thereof is inadmissible. it cannot vary the locality of the lands described in the warrant or application. The sentiments of the people as to streams of water, and the names whereby they were usually called; at an early day, when the country was unexplored, may certainly be given in evidence; and due allowance will be The court expressed themselves as above stated. made for inaccuracies in these particulars; but this inThey said it would be of the most mischievous conse-dulgence must be confined within reasonable bounds;quences to the community to allow the two first species of evidence to be given; nor under such a practice would any one be safe in his title to lands. It would introduce every evil which the act of assembly respecting frauds and perjuries, was intended to prevent. The declarations of the secretary of the Land Office cannot have any legal operation. If any particular agreement was made, or special indulgences intended by him in behalf of the applicant, they should have been committed to writing, or inserted in the warrant, or in the written directions to the deputy surveyor to make the survey, that they might be open to the view of every one who might be desirous of investigating the title. As to the applications by the witness to the deputy surveyor to make the survey, and what passed thereon, it is proper evidence; because it is an act done in prosecution of the title, and tends to show, that no laches, or neglect, is imputable to the party who took out the warrant, but that he makes the proper efforts to complete his title. Such evidence is constantly received. Were it otherwise, it would scarcely ever be possible to show fraud or improper conduct on the part of the deputy surveyor. In contests like the present, it is of great moment to establish that the party's pretentions have been duly followed up without negligence; that he has not lain idly by, while surveys have been made on the lands for other persons; and that when a survey adverse to his claims has been made, he has filed his caveat in a reasonable time for bringing the matter to a hearing before the Board of Property. And in the lessee of Bartram Galbreate v. Philip Maus, at Northumberland, Oct. 1797, before the same judges, (MSS. Reports.) On argument, the court ruled, that parol evidence of party's intentions in entering an application for lands in the secretary's office, cannot be received to assist, or bolster up an indescriptive location of the lands in controversy. The efficacy of an application must depend on the written words of it; this The decisions have uniformly been, that such inceptions of right, must be judged of ex visceribus suis, from what appears on the face of them. Whether they suffi. ciently describe, or locate precisely, particular lands, can only be determined by comparing the terms wherein they are expressed, with the natural, or artificial boundaries described therein; and these boundaries must be ascertained by evidence, either written or oral. It is of no avail what the intention of the party is, if he does not reduce it to writing when he applies for the lands; though his intention may be given in evidence against him to defeat his claim to other lands than those he really meant. These rules are bottomed on sound policy, and conduce to justice, common safety, and publie convenience. A contrary practice necessarily tends to error, litigation, fraud, and perjury. A contract is the act of two minds: it either binds both parties, or is obligatory on neither. The venders of lands, whether they be the general lords of the soil, or private individuals, are bound by the plain meaning of their written contracts. If the description of lands be materially, or radically defective, and naturally lead to mistake, the party apply. ing must impute his misfortune to himself. How can any man safely lay out his money in taking up lands, unless by applying to the public offices, he can discover whether the lands have been before appropriated? He cannot penetrate into the bosoms of others, nor receive information, that a particular tract not described in a location, was intended by the party sitting on a log, lying on the land! The latter part of the evidence offered, must be overruled. (MSS. Reports.) The location of a warrant must be collected from its own words compared with the state of the country at the time; not from the terms of the Receiver General's receipt, which remains in the party's custody, and could not operate as notice of his pretentions to other appli- at Braddock's crossings, on the west side of Mononga hela river, 14 miles from Fort Pitt." The foregoing application of Ross, No. 3116, calling for 300 acres at Braddock's upper crossings, on the west side of Monongalela, about 14 miles from Fort Pitt," and the survey returned thereon; the attainder of said Ross of high treason, in consequence of the act of assembly of 6th of March, 1778. A sale by public vendue by the agents of forfeited estates of Westmoreland county, (before the division of Allegheny therefrom,) to the said James M'Kee, for 351, on the 12th of March, 1784, and a patent thereon to him, reciting the above particulars, dated 29th of December, 1785. It did not appear in evidence, that Blaine, after the conveyance to him by Byers, took any s'eps whatever to obtain a survey, or file a caveat against the survey of Ross, or use any diligence in following up his preten. sions to the land, until he obtained the judgment of the Board of Property in 1783. But how the controversy originated before them was not shown, or whether any person was notified, or did appear, in support of the c'aim, late of Alexander Ross. But it was proved by several witnesses, that the said James M'Kee, first seated himself on the land, and began to build a cabin about Christmas, 1768, which was held it by what he falsely called an improvement, which he had continued by himself or his tenants, up to the present period; and that at the time of commencing the ejectment, he had a good house, barn, stables, some meadow ground, and above 60 acres of land cleared on the farm. That an application had been sent to Philadelphia, to be entered for this land, which had miscarried; but that under an impression that the location had been sent by mistake to a wrong surveyor the survey had been actually made for the said James M'Kee, and 57. paid for surveying fees. The court also observed, that it wou'd be highly un-finished in 1769; after the office opened, and originally reasonable to expect the same precision and correctness in the descriptive parts of warrants to take up lands in a tract of territory newly explored, as where the adjacent country had been fully settled and long known. This remark holds with peculiar force, in the description of waters flowing through a considerable extent of ground, where parts of the stream may be properly deemed main branches in reference to other parts in the newly discovered lands, but which, on taking the whole river, or creek, into view, could not thus be denominated with propriety. It has long been considered sufficient, if the warrant is so couched, as to point out the lands contemplated with certainty to a common intent. Where an object visibly marked is referred to, it reduces general and indescriptive expressions to a fixed certainty. Of abandonment, and of shifted or removed warrants and applications. The subject of abandonment has been incidentally mentioned in Nesbit v. Titus; but the circumstances under which an abandonment shall be presumed are so various, that it is necessary to a full understanding of the law on this head to give the cases pretty much in detail; and the doctrine of removed warrants will be found to be connected so much with that of abandon ment, as to render it impracticable to separate them without a tedious and unnecessary repetition. Lessee of Ephraim Blaine v. George Crawford and Henry Fore, Allegheny, May, 1793, before M'Kean, C. J. and Yeates, J. (MSS Reports.) It was also proved by one of the agents of forfeited estates, that the premises had been advertised for sale by order of the supreme executive council, and were publicly sold at Pittsburg, by outcry, on the 12th of March, 1784, (no one setting up, or pretending any claim or title,) to the said James M'Kee, for 351. who paid him the consideration money at that time; that he made return thereof within five or six months afterwards to the council; and that in December, 1785, he paid the money into the treasury; and Blaine meeting him in Philadelphia, first acquainted him of his having a title and patent for the lands, and desired him not to proceed on the sale, to which he answered, that having sold, and paid the money into the treasury, he was bound to go on, in discharge of his duty; that he informed the council of what had passed between himself and Blaine; but on consideration they awarded a patent to issue to M'Kee. not give notice of his title to the lands at the sale made by the agents, it was proved, that he proceeded from Pittsburg to Kentucky, on the 21st of November, 1783, and did not return from thence until the month of June following. It was likewise shown, that the location of Ross was more precisely descriptive of the lands in question, than The plaintiff founded his title on an application, that of Byers; the former being better adapted to the dated 6th of April, 1769, No. 2860, in the name of James swell of the bottom land in the bend of the river MoByers, jun. for 300 acres of land, up the bent of Monon-nongahela. To obviate the objection that Blaine did gahela, on the west side, near or adjoining General Braddock's road. A conveyance from Byers to Blaine, dated, 28th of June, 1769; a judgment of the Board of Property on the 1st of September, 1783, (which was not shown in evidence further than as recited in plaintiff's patent.) A warrant for the acceptance of a survey said to have been made for Alexander Ross, 25th of November, 1769. On an application in his name, dated, 20th of April, 1769, No. 3116, whose right was declared to be invalidated, on Byers's application, Dec. 23d, 1784, and a patent to Blaine, 26th of Dec. 1784, reciting as above. The defendants held under one James M'Kee, who claimed the premises under a permission granted by Captain Charles Edmonstone, commanding officer at Fort Pitt, dated, 29th of September, 1768, to the said Alexander Ross, "To settle and improve a tract of land Yeates, J. (the C. justice being indisposed,) charged the jury. He observed that it was incumbent on the plaintiff to make out a good tile before he could recov er the lands in question; and that the real gist of the controversy lay in a proper comparison of the rights of Blaine and Ross, previous to either of the patents being issued. Applications in the Land Office, after the opening of it, on the 3d of April, 1769, are the inceptions of titles when duly pursued. Merely of itself such a location creates no right; no part of the purchase money is paid, No title vests thereby, nor does it form any con tract on which the party could be sued by the proprie |