The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1858-12-21
[Frcm the Iowa state Journal.l

~
ted States Attorney General, delivered latel,
to the effect that the Des Moines Grant 4
The State OF Iowa does NOT extend above tn
Raccoon fork, Justly excites much attentio,
throughout this valley. 1t should do 30, be
cause il Judge Blacks opinion 10 correct an,
the grant 10 limited TO the Raccoon fork
away goes the title held by thousands of on
farmers TO the best land north OF this city,
The State has sold large quantity of thes
lands TO actual settlers, who have improves
the same and made for themselves fine lars
farms and homes. But il Judge Black ia cor
rect, the State has no title, and conseq
could convey none to these settlers. Further
more, we understand that the towns Of For
Dodge, Boonsborough, Polk City, 49,, go.
are located upon what was supposed to b
River lands- upon the "odd sections" 4
portion OF this city is in the same condition
We state these facts for the purpose OF show
ing how materially this decision, il carried
ont, affects the people Of the upper De'
Moipes.
For the information Of our readers We vii
give brief statement Of the Des Moines
Grant, and the different constructions placed
upon the same by the officers of the General
Government. Attorney General Gushing
it's a spectacle Of vacilla.lon and contradic-
ton Of opinion on the part Of the Govern
ment, which it is humiliating to contem-
plates
We quote generally from the appeal made
by Judge Mason, who was ap pointed last win
ter as State Agent to attend TO this matter
Judge Mason writes the following history:
On the Sth Of August, lS46, grant was
10 10 fha han IF nf lar IL
lying along the Des Moines river, to aid in
im proving the navigation Of portion Of that
stream, upon certain terms and conditions
therein set forth These terms and cond,-
lions were assented to by the proper author
ties OF that Territory, and have ever since
been strictly observed.
Shortly after the making of the grant,
difference of opinion arose as TO its extent !;
ZONE supposing it to reach no higher up the
liver than the Raccoon fork--which limits
he extent Of the proposed improvement
xhile on our part it was held to extend to the
ouroe OF tho river.
In February, 1913, the Commissioner of
he General Land Office informed the Secre
AIRY Of the Board OF Public Works that the
grant embraced .sthe alternate ctions with.
n Eve mies of the Des Moines river, through
nut the whole extent Of that river within the
limits of Iowa.
But in June Of that year, for reasons un-
tnown to the undersigned, portion of the
ands lying above the Raccoon fork was pro-
,laimed for sale, and was actually offered at
public auction in September following. A
part Of the lands so offered was sold on that
day, and the remainder was, by law, subject
10 private entry afterwards.
To prevent these lands from being entered
IN this manner, the Board Of Public Works
Our delegation 10 Congress,
soon after their arrival in Washington, 10
January, iS49, earnestly demonstrated and
appealed from the decision Of the Land Of
6cc to the head Of the department, who, on
the I'd VI March following, decided broadly
in favor Of the State, holding that the grant
extended to the source of the Dea MONIES riv.
or. A.copy Of this decision was commune
Gated to the General Land Office for it's "in-
formation and government"
This decision controlled the action of the
Land Office for more than year, till in April,
1850, MIR. Ewing, the then Seer stary OF the
Interior, reversed it, and limited the grant to
Raccoon fork.
From this decision an appeal was taken to
the President. He referred the subject to
Attorney General johnson, who, on the 10th
Of July, 1880, decided in favor of the State !;
but just before that decision was pronulga.
ted, President Taylor died.
Under MIR. Fillmore's administration the
question again arose, and WAS referred by
Mr.. Secretary Stuart TO Attorney General
who clincided with Mr.. Ewing in
the opinion that the grant extended no higher
than the Raccoon fork. MIR. Stuart at frat
adopted this view Of the matter, but finally
changed bis decision. and concluded to allow
the entire claim of the State.
Under this decision, lands lying above the
Raccoon fork were certified TO the State at
different times, both bv Mr.. Stuart and by his
successor, MIR. McCielland, amounting to
about 300 900 acres, until on the 2lst Of
March, 1856, nearly four years and half
after the decision Of Mr.. Stuart above refer
red TO, we were again overwhelmed with as.
constituent and vexation by decision Of the
General Land Office, TO the effect that the
grant extended no higher than the Raccoon
FORK.
On an appeal to the Secretary Of the Into
rior. the advice OF the Attorney General was
again sought, which was given in an opinion
conclusion to which Mr.. Gushing arrives, is
Nu9s TUG grant uiu not lgnt-
fully extend above the Raccoon fork, srill
that the Government was now fully commit
ted to the more liberal construction, and it
WAS too late to retraee its steps. lie saws,
among other things, IL think il must be a
clear case Of manifest illcgality in the work
commenced and half executed Nv one Secre-
tary. TO justify the abandonment Of it BY his
successor. Is the present such case OF pal.
pa5le violation Of law That cannot be pre-
tended, In the face Of the opinions Of Mr..
Walker and johnson, and the administrative
acquiescence in those opinions on the part OF
MIR. STUART
lie therefore advises the Secretary to pro.
pose 10 the State % Iowa to aequiesce in and
accept the decision Of Mr.. Stuart rs final.
and TO approx selections accordingly, pro-
vided the State will agree 10 acquiesce in
and accept that decision ns final.
But the Attorney General also came TO the
conclusion that this decision limils the grant
within the present boundaries OF the State.
which do not include the whole river. AL
though IL wns all embraced within the Ter.
r,sory OF Iowa az the time the grant was
made; aud the late Secretary Of the Interi.
or, IN acqniescing In the above recommend.
alton. directs that no more lands should be
! certified to the State, unless she should al,
rectly or indirectly agree to in4i, her claim.
to her own boundaries. Since that time M
more lands have been certified, aud no sact
assent has been given by the State.
Thus stood the question in 1856. TIL,