Des Moines courier. ([Ottumwa] Iowa) 1848-1854, 1851-10-10
MIR. Crittendcn's Opinion.
OFFICE OF ATTORNEY GENERAL. J
30ih of June, 1851. {
Nv =, ~ n ~ yr ~.
; Hon. A. II. II. Stuart,

4 j
TO tie Hon. "A. H. II. Stuart,
Secretary of the Interior:
Your questions respecting the claim
Of the State Of Iowa, under the act OF
Congress approved 9Th August, 1916,
giving 10 the Territory Of Iowa, for the
purpose Of aiding TO improve the naviga-
! ton Of the Des Moines River. from its
mouth TO the Raccoon Fork. one equal
moiety in alternate sections OF the Pub
lie Lands, in strip five miles in width
on each side OF said river, to be selec-
ted "snbject TO The approval Of the Sec.
..retary of the Treasury" "a duty now
devolved upon you as Secretary of the
Interior) have received the consideration
due TO their importance,
| You ask, Ist. "What effect has the
-opnion expressed by Mr.. Secretary
Nv alker, ON the 2nd March, ls49. on
"his successors power to reject the Sc
elections made under il. in the event of a
Disagreement as to the proper construc.
..iion of the act"
The opinion of Mr.. Walker was ex-
pressed in letter of I'd March, Is49,
to the delegation from Iowa, when no
selection of any lands above the Rae
coon Fork had been made, and copy
Of this letter was communicated to the
Commissioner Of the General Land Of
| fee.
The decisions of Secretary Of the
! Treasury, as indicated by his official
acts, or, in other words, when they have
become things done, may have legal,
and, in some instances, binding effect.
( But The opinions of Secretary. as such
merely, and separate and apart from. "a
by official action, have no obligatory ef.
feet on his successor.
The case TO which MIR. Secretary
Walkers opinion related was not prac-
iically disposed of by him. His func.
tion in respect to it was merely 10 ap-
prove or disapprove of the selection. or
selections, TO be made on the part of
1 Iowa, and no selections had been made.
MIR. Walker did no more than ex-
press an opinion. The subject remain
ed for the future administration, and the
duty of acting upon i, has devolyed up
on you. ,
Whatever Difference and respect the
opinion of Mr.. Walker NAV be entitled
to, an qui'e clear that il has no legal
or binding efiec, upon your right and
power TO aci in the premises according
TO yonr own discretion.
Your second question is "What weight
.sshould be attached to the opinion of
..Mr. Johnson of the 10Th of July, 1850,
"as an official opinion in the questions
considered by hin!"
The opinions of an Attorney Gener-
al are merely advisory. No law gives
them any technical, specific or official
consequence or effect. -.
To whatever respect the high charac-
ter Of Mr.. Johnson may justly enti,le
his opinIon, may very confidently say
that no law has made il binding or oblig-
aiory on you. The "weigh." that you
\ should give il, can be determined by no
other standard than your own judgment.
/ Thirdly, you ask, .'What is or would
'.be your construction Of the law as res
..pects the extent of the grant"
concur with the Secretary of the In
terror on the opinion given by him on
the sixth of April, 1850, that the gran.
does not extend above the Raccoon Fork
of the Des MONIES River. l have ex-
amined the opinion Of Attorney General
Johnson, not unmindful of his high rep
utation as lawyer, and oi the weight
which the community will attach TO his
opinion on question of law. but am
compelled by my own judgment TO dis
sen, from his opinion. Without going
into the arguments which are to be drawn
from the words Of the several sections
and provisions of the statute, in favor oi
restricting the selections ot the State oi
Iowa 10 the lands within the strip OF five
miles on each side from the mouth oi
the Des Moines River to the mouth OF
The Raccoon Fork, as being the intent o
Congress, aud passing over many things
which might be urged in support Of ,ha
exposition OF the statute, will mention
lst, tha. this law originated in the Hoass
of Representatives by bill No. l06, re
ported by the Committee on Public
Lands. 10 whom was referred the peii
lion of certain ci,izens Of Iowa for {
grant OF land for the improvement 0
The Des Moines River, and also a bill
+ introduced on that subject by Hon. A
G.. Dodge. which report was accompani
ed by the report of the Hon. Jane
Shields, Commissioner Of the Genera
Land Office, in these words and figures
"GENERAL LAND OFFicE,}
80. .'May 8, ls46.
.Sr:
In answer to your inquiry, | have tn
.honor TO state that the amount Of un
..solti land within 5 miles on each sid
"of The Des Moines River, from it
"mouih TO the Raccoon, proposed to b
..granted TO the Territory OF Iowa, b.
: ..Housc bill No. LOG, IS estimated a
1.-Two hundred and sixty thousan'
sxn..n.8 srl,arx havo baou Snlsl IN thi