Des Moines courier. ([Ottumwa] Iowa) 1848-1854, 1850-12-27

the statutes by which they are made,
narrow construction. Ii is large and
enlightened policy. ever favoured by
Congress, and should be executed even
in cases of doubt, rather in large and
liberal, than restricted spirit.
Second.--I am of opinion that the
question had been finally adudcated by
the Secretary of the Treasury before il
was decided by the Secretary of the In
terror.
The facts are these:-The commits
sioner of the Land Office who,had orig
inally construed the grant as lido, chang
, ed his opinion, and advertised for sale
in the usual way, the lands above the
fork. As soon as this was known. the
Senators and Representatives OF Iowa,
on the 9Th January, lS49, in an official
letter 70 Mr.. Walker, ''complained Of
the construction, and requested him to
give the necessary instruction for the Sc
lection and approval Of these lands along
the entire grant of the Des Mones, as
contemplated by the law" &c. The
question was carefully considered by the
Secretary, and decided by him on the
ID of March, lS49. On that day he
advised these gentlemen OF the decision,
and communicated il on the same day
to the Commissioner, in an official letter
now on file with the papers, for, to use
the language of the letter, the "informa-
ton and government Of tha. officer, on
hn tn
that time 10 the recent opposite opinion
of the present commissioner, the ques.
ton was considered as closed by this de-
cision of Mr.. Walker. This appears
from the report of the commissioner,
Mr.. Young afterwards transmitted to
Congress, and also by report o. the
present Commissioner himself of the
18th January, $50, transmitted 10 the
Senate by the Secretary Of the Interior,
on the 2lst of that month See Senate
executive document, lst. session 3Ist
Congress, No. III. In this report
showing the amount of public land gran
ted TO Iowa among other States. there, is
attached this no,e:-"'rhe amount in ac-
cordance with the decision of the late
Secretary of the Treasury, of End
March, l649, will be increased by the
unjusted portion Of the gran. for the i'm
provement of the Des Moines River,
situated between the Raccoon Fork and
the source of said river, estimated to
contain 900, 900 acres"
The design Of the Secretary, himself,
IN h. uo bao;bal ~ ,pI III, hot,,T H., 4,
had so decided, appears by letter from
him to the Senators of the State, nnw on
file, dated the 18th instant, and hereun.o
annexed.
Upon the faith of this determination. |
am advised, tina. the proper authorities Of
the State, have entered into large con-
tracts for the improvement of the river,
and it would therefore, think, be the
extreme Of injustice, now 10 re yoke it.
And am glad to be Of the opinion
that ii cannot be legally revoked. Ii
was final adjudication,-so considered
by the par,es,-by the Senators and
Commissioner of the Land Office, and
SO acted upon by Iowa: Whether right
or motifs now immaterial. 1t is beyond
the control of the Secretary of the In.
terror, (the successor in this respect, Of
Mr. Walker,) and of any other executive
officer. See the case of the bank of The
Metropolis, VS.. u. S. Pet. 40l.
! have the honor to be,
With high regard,
Your obi. servant,
REVERDY JOHNSON.
TO MILLARD FILLMORE,
President Of the United States.