Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1846-10-15
Improvement of the Des MOines.
Great liumbue-Again.

Great Humbug-Agaln.
The Gazette contains labored article
and we can guess out the writer-to
show that perhaps the recent grant Of the
alternate sections to improve the Des
Moines river will not have to be deducted
from the SOC. 900 acres to which Iowa as
State will be entitled. The writer very
curiously infers this because one Of the
Sections Of the Law making the late gran,
contained proviso that the lands thus
appropriated should be included in ,he
quantity to which Iowa will be entitled,
!. e. the 100000, was stricken out. Mr.
Rathburn's motion to amend by inserting
the word not so that the grant to the Des
Mones should not be included in the
100000 acres, was negatiUed. This
should weigh something in the mind of
the writer in the Gazette, and doubtless
would. if he did not fear the Dodge scale
might be ligh,ened thereby.
nc WIiteC duilUS tHdt Tue law VIII
bear the construction we put upon il. but
in consideration Of the shape the debate
assumed on its passage he thinks the pre-
sent Secretary of the Treasury and Com.
missioner of the General Land Office, will
put the same construction upon j, as if
the section had not been stricken out and
as if Mr. Ralhbun's not had been inserted!
We have the bes. legal authority in this
Territory, aside from our own common
sense convictions. to believe otherwise.
How can they do ii! Will they rely more
on the words uttered in debate, than on
the law itself The striking out of the
section with the proviso proves nothing.
There was no necessity of the insertion
Of that section if the intention was to in
clude the gran. to the Des Moines river in
the 100000 acres. 1t was superfuous,
for there was this branch Of the dstrbu-
ton law on the Statute book. still in ex
sence and covering the whole ground
But if it was the intention of Congress 10
make This grant to the Des Moines river
separate and independent donation, then
ii was necessary for them TO insert such a
specific provision in the law granting this
donation as to show that it was not to be
included in the SOC, 900 acres. No such
specific provision appears in the law;
therefore it must come under the proyis.
ions Of the law of lS4l, which declares
"lhere shall be and hereby is granted to
each new State that shall be hereafter adj
ml,ted into the Union. upon such admis-
sion, so much land as. including such
quantity as may haze been granted to
such STATE before its admission, and
whiie under a Territorial Government,
for purposes Of Internal Improvement as
aforesaid, as shall make fire hundred
thousand acres"
The subject is very clear 10 our own
mind that as the law stands i, would be ra.
'IeE HdZdTuOuS lot eitHeT Tie secretary Oh
the Treasury or the Commissioner Of the
Land ollice-when we find out who he is
Ito risk their legal reputation in giving
the law such a construction as the one in
dca,ed by the writer in the Gazette. We
wish The Des Moines could have the al
ternate sections as an independent grant
but the absenre of suitable provision in
the law making the donation and the pos
tive conditions Of the law of 1871 for
bid it.