The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-04-01
THE LOAN QUESTION.


The Railroad Lana efm"n-"s' "'"
dicks Letter.
wcpublsh to-day, embodied in com
munication from Coy. GoHxAS) u letter
from the Commissioner Of the General Land
Office, upon the manner III Which tho fa'Is
granted TO aid the construction OF railroads
may be disposed Of. Mr.. llEsDRIcks letter
~ dated January &c, 1857, was addressed to
/. Is. CnoCKga, and relates to an Iowa rail
road grant. IL is the opinion Of subord-
nate officer Of the Department oil the e-
rior, and is by no means conclusive, although
entitled to respectful consideration. The
land grant railroad companies will, ofcoursc,
submit the question TO the Secretary OF the
Interior, by whom il will BE- referred TO the
Attorney General
We propose, in advance Of any discussion
OF the time and manner in which tho railroad
lands may be sold TO quote letter from
the Attorney General, drawn out by the
Secretary Of the Interior, upon the general
question Of the title Of the States, and thence
Of tho companies, to the lands. The case
applies 10 the Minnesota grant, the first
words Of which are That there be and IS
hereby granied to the Territory Of Mime
sofa" &c, &c.
ATTORNEY. CssxsAL's OrricR,
June I, 1851.
Ria--Ths act Of Congress, passed February .,
1888, givcs and grants 10 the States Of Missouri
and Arkansas, certain lands for the purpose Of
making y railroad from tho mouth oil the Ohio.
by way Of LATHE Rock, 10 Fulton. on the Texas
line, with branches. This act vests the fec sim
pie title In the States to which the lands are
given. A Legislative grant by Congress does VI
ITSELF psopr,O rsEors, pass to The grantee all the
estate which the United States had In the sub
icct matter Of the grant, except what Is express
ly excepted.
Tho point In firmly settled. II the highest Judi.
cisl authority can settle anything, aud even II
there had been no decision Of II, should think
II too plain, On original principles to admit OF
q doubt.
When Congress says that certain portion OF
the public domain OF the United States - Ia
hereby granted to u State, What need can there
be Of any further assurances In order TO give the
State . perfect title in Tee
The definite ocaSiop Of the road will locate
the grant upon the proper number Of even Todd
sections In Minnesotal sections On each side
with which tho United States shall not previous
| " have parted with the title, and the selection
Of the Governors agent will determine what
sections or parts of sections are to be taken In
stead Of those sold OF subject to prc'emption.
Then the title to each particular parcel viii
DO az complete a. II II had been granted by
name, number, or description.
raj lptI Ntata ,.tt ngf Ia
| Law, will enable you TO know what lands are
appropriated by the mere location of the route
for the railroad, and, presume, you'.will alse
be informed, In some authentic way, of tn,
choice made by the Governors agents.
can see M objection toyour furnishing list
Of those lands to any person who desires T.
make q proper usc OF them. just ~ you woul'
| give other information from the records Of you
| department Hut such lists can have no iniiu
| ence on the title Of the States.
| Tho States Of Missouri and Arkansas viii
| hold these lands In trust for certain purposes
| and the mode in which the trust shall DO exc
| cuted, h prescribed In the act making tn
| grant.
| Wha, those states can rightfully do with tn
| lands, or what remedy tho United States vii
| have II they do wrong, are not questions for 20
or me TO decide at present.
| | have the honor to be
| Very respectfully
L Tour oOtu tscfNat,
| (Siyned) J. y. BLACK.
Hon. j. Tuosrsos, see'y OF the Interior,
The title Of our railroad companies is Dc
rived from the act Of the Legislative Assem-
bly, Of Minnesota, approved March ?2'
1857.
That act contains the following languag
a. to each road
"ror the purpose OF aiding in the con.tru,
ton Of the railroads which. by this act, the Sc,
| eral railroads mentioned IN this act, are autho
| lied TO construct, all the interest and estAt,
present and prospective. of the said Territor
aud future state, In or to any and all the LAND
granted by the Government OF the I nited Stats
to the Territory 81 Minnesota for the purpose
aiding in the construction OF roads herein .,
for,hby virtue Of the Act Of Congress, enttle
Ac.. together with oil an
singular, the rights. privileges, and immunin'
conferred, or intended to be conferred, up'
said Territory, by the said act of Congress
hereby granted 10, and vested In, said raiiro'
companies respectively.
by the proposed Loan Of State Cred
Sinking Fund for the payment Of prime
pal is provided as follows:
The Governor shalt demand aud recei'
nom each Of said Companies, before any
said bonds are issued - conveyance to q
State OF the nrvt two hundred and forty %
tons Of land free from prior incumbrs ncs
which such Company 10 OF ~a, ~ authors.
20 sell, In trust Tor the better security Of n
Treasury Of the State nom loss on said bond