The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-10-06

ATTORNEY GENERALS OFFICE.


Opinion Of The AaOney General ~ Railroad Grants. "A great
many important points have grown out Of the recent
grants OF the public domain TO States for railroad pur
poses The subjoined opinion Of the Attorney General
ON the grants to the States of Missouri and Arkansas de-
fines clearly the condition of not only these grants but Of
all similar donations of the public lands and the power
which the Commissioner OF the General Land Office may
exercise in regard to them:
SIR: The act of Congress passed February g. 1858,
gives and grants to the States Of Missouri and Arkansas
certain lands for the purpose of making railroad from
the mouth of the Ohio by way OF Little Rock, to Full
ton ON the Texas line, with branches This act vests
the eesmpe title in the States to which the lands
given legislative grant by Congress does of ITSELF
po pass TO the grantee all the estate which the
United States had in the subject of the grant,
eept what is expressly excepted This principle has often
been ruled in the courts, you will by reference to
the following United States Freedman,
Peters, 81 Mitchell vs United States Peters, I'll ;
United States Brooks, 10 Howard, 442 Lessieur
Price, IL Howard, So Ladiga Roland 2
Howard, 58l; Godfrey Bradley, Mclean, 4l2.
The point Is firmly settled, If the highest judicial
authority can settle nythng and there had been
decision, should think it too plain original
principles to admit of doubt When Congress says
that certain portion of the public domain of the United
States lis hereby granted" to State, what need can
there be of any further in order to give the
State perfect title in fee
The act of August 3, 1854, 40 U. S. L., 346) most
manifestly does not apply in any manner whatever TO
Sdnleu III 1000 MlsSOuTl ana
act he act of 1854 prescribes the duties of the Commits
soner Of the General Land Office in regard to legislative
grants where the law does convey the esmpe title
require patents to be issued for the lands Tue Mis-
souri, and Arkansas grants not of that kind
The definite location of the road will locate the grant
upon the proper number of sections each side
with which the United States shall not previously have
parted with the title and the selection of the governors
agent will determine what sections parts Of sections
to be taken instead of those sold subject to pre-
emption. Then the title to each particular parcel will be
complete if it had been granted by name, number
description.
The survey required by the first section Of the law viii
enable you to know what lands appropriated by the
location of the route for the railroad and presume
you will also be informed in authentic way of the
choice made by the governors agents. / OBJ
cctono your furnishing lists of those lands to any per-
who desires to make proper of them just you
would give other information from the records Of your
department But such lists have influence the
title of the States.
The States of Missouri and Arkansas will hold these
lands in trust for certain purposes and the mode in which
the trust shall be executed is prescribed in the act making
the grant What those States rghtfuly do with the
lands what remedy the United States will have they
do wrong not questions for you and to decide at
present,
have the honor to be, very respectfully yours &C.,
j. S. BLACK.
Hon. j. THOMPSON,
Secretary of the Interior.