Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1854-08-08

- naissionef Of the Land Office.
HOUSE OF REPRESENTATIVES, July 81, 1854.
To the Hon. JOHN WlLsoN, --sa5rfs1 ~
Commissioner Of TIE General Land Office:
Sir: On yesterday my attention was called to
ssNotice OF withdrawal of railroad lands" in the
State Of Wisconsin, from sale, published in the
Union Newspaper and dated the 18th inst. That
notice recites that, cat the earnest solicitation
Of certain senators and delegates in Congress
from the States of Wisconsin and Iowa and the
Territory of Minnesota, the President of the Uni
ted States has, by his order, bearing date thu 18th
Of July instant, directed that certain townships
situated in these States and said Territory, with
in about fifteen miles OF each side OF the route Of
the railroad, from Dubuque, Iowa, via st. Paul,
Minnesota Territory, to Left-hand river at Fond
du Lac, Wisconsin, shall be withdrawn from sale
or entry, until further orders" DC.
As represent that part of Wisconsin in which
this reserved land lies, and as reference is made
to "delegstes' from Wisconsin, it might be sup
posed that had joined in this searnest solicits-
ton" referred to in the notice. But, SO far from
this being true, was totally ignorant not only OF
design to reserve any land in Wisconsin, but
was surprised and mortified that the reservation
had been made without being myself consulted.
1t is new to me, and believe in the history of
the transactions in the General Land Office, that
lands can be properly reserved from sale in an
ticipation of an act Of Congress, upon the bare
out of Congress. Such a course is pregnant with
mischief, and may be made the means Of oppres-
81 on against the bona fdesettler and of specula-
ton for those who have the ear Of the commits
sioner or the President, at the expense OF men Of
limited means who desire to purchase land for
actual settlement and cultivation. And if it is
fair and right to anticipate the action of Congress
az oil bo To kho TO ;oL
such anticipations shall extend; and, acting I'M
der this assumed right, lands may be reserved by
the President upon remote chance that Con-
gress will hereafter, and it may be years hence,
grant this land to construct roads, or for farms
for actual settlers, or for eleemosynary purposes
In the mean time the land lies unimproved the
tide OF emigration finds new channels, and sets
far beyond it; and those men who have settled
upon land contiguous to that which is reserved
are compelled to bear alone the burden of sup
porting the town and county government by taxes.
But if it is conceded that it is proper to with
draw lands from market when the delegation in
Congress from State apply for it, it is upon the
superstition that the senator's and representatives
are the agents OF the people, sent here to protect
their interests, and that they are responsible to
the people for their acts, and for the faithful dis
charge of their duties; and that they are better
informed as to the true interests of the people in
that respect than the President or the Commits
sioner. 1t it were not So, then the solicitation'
of members of Congress would be Of no greater
weight or Importance than the solicitation Of any
other respectable gentleman, and their opinions
would not be listened to nor would they Be- con-
suited. But in this case understand that none
of the Representatives from Wisconsin were con-
suited, did they Join in the earnest solicitation
recited in the order withdrawing this land from
sale, although seventy-eight townships containing
one million seven hundred and nincty-sevcn thou
sand one hundred and twenty acres Of land lying
in the State of Wisconsin, and in the district
which represent, is withdrawn from market, yet
only one senator from the whole delegation from
Wisconsin joined in the request while my COL
Leagues in the House Of Representatives and N.Y.
self were not informed that an application for a
withdrawal had been made until this order was
published.
But, aside from the above, which would apply
with sufficient force to all cases, even to those
where it was intended or anticipated to obtain a
grant of land for the construction of railroad
in the State in which lands withdrawn from sale
are situated, what renders this case moro remark
able is, there Is bill yet before Congress granting
lands to railroad below the Southern, line Of the
Territory Of Minnesota in the direction Of Du-
buque! If there was such a bill introduced |
should endeavor to protect the interest of my own
State in restricting the grant and operation of the
bill to lands in the State Of Iowa. But although
no bill is yet before Congress, you have reserved
or Withdrawn from market and sale twelve town
ships containing three hundred and seventy six
thousand four hundred and eighty acres in the
county of Grant, State Of Wisconsin, East of the
Mississippi River and opposite the city Of Du-
buque, Iowa.
Nor has any bill passed, or in contemplation, a.
have heard, proposing to construct a railroad in
that part of Wisconsin between the Eastern boun-
Diary line OF Minnesota and the mouth Of Left
Hand River at Fond du Lac, Lake Superior. The
Minnesota land bill does not 60 one inch beyond
the ne OF that Territory, and by its phraseology
does not grant foot of land beyond its OWE
boundaries.
cleft Hand" River is in Wisconsin, and to
reach 1t the most direct course from the Eastern
line OF tho Territory of Minnesota near ten miles
will have to be travelled, and any feasible route
for railroad would run near thirty miles in the
State of Wisconsin.
But the language of the Minnesota act confines
the grant and limits all its benefits and it's opera
tons to tn, boundaries of that Territory. This
is its language:
"That there be and is hereby granted to the
Territory of Minnesota for tho purpose of aiding in
the construction of q railroad from the Southern
line OF said Territory, commencing at point be-
tween townships ranges nine and seventeen, thence
by st. Paul by the most practicable route to the
Eastern line Of said Territory in the direction of
Lake Superior, every alternate section of land
designated by odd numbers for six sections in
width on each side of said road .citti,s said Ter
ritory.''
So that, neither the grant nor any of its Incl
dents operate upon any land not soitltin said
Territory" and no lands can be taken for said
road nor is he price of lands in Wisconsin
raised, though they may lie within six miles of
the road. BY the terms Of proclamation Of with
drawal, it would seem that you or the Pres-
dent entertained different idea, and that the
Minnesota bill grants land to that Territory, lying
within Wisconsin, and that it may be sold under
the direction of the legislature Of that Territory
If this is not 80, wherefore tho necessity of with
drawing the land from sale :? But dissent from
your views Of this matter, as expressed in the
proclamation above alluded to, in toto, and for
the following reasons:
Because neither Of my colleagues in the House
of Representatives were consulted.
Because no land lying in Wisconsin has been
granted for any such purpose as that stated in the
proclamation.
Because, in the event of any grant being made
for road in Iowa, Congress has no power, nor
if it had, would it exercise it, to grant land in
one State to be disposed of by another State to
aid in the construction of railroad in State in
which the land is not situated.
Because no reservation Of land should be made
until grants are absolutely made by Congress.
For the reasons above stated, respectfully re-.
quest that the order of withdrawal may DO 70.
scinded and that the .ands be sold, as in ordinary
cases.
Respectfully, your obedient servant,
BEN. o. EASTMAN.