The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1860-01-19

to extend to the source of the rivers Recent.
ly the Government authorities have decided
that it is limited in its extent to the Racoon
Forks, and refuses TO certify any more lands
to the Slate north of this point The Hon.
Charles Mason was appointed Commission
er by the last General Assembly to procure.
if possible, the residue OF this grant TO h.
certified TO the State. For this purpose he
Immediately repaired to Washir eton. and
not obtaining a satisfactory decision from
the Secretary OF the Interior appealed TO the
President, who referred the subject to the
Attorney General, whose opinion was adverse
to the State, and thereupon recourse was had
to the Judiciary. A suit, in the name of f.
G. LittleHed, Esq, against the Dubuque &
Pacific Railroad Company, was Instituted in
the District Court of the United States. and
Judgment obtained in favor Of the plaintiff for
a tract Of land embraced in this grant near
Fort Dodge, derived from the State. Anap-
peal to the Supreme Court of the United
States was immediately taken, has already
been submitted TO that tribunal upon printed
arguments, with assurances from the Court
of an early decision, which the State conf
dently expects will he favorable one, as it
is impossible to conceive how the Govern
ment is to avoid the legal effect of her re-
peated admissions, that our title extended to
the source of the river. Too much praise
cannot be awarded to Judge Mason for the
able and indefatigable manner in which he
has addressed himself to the object of his
commission. The settlement made at its last
session by the Legislature with the Des
Moines Navigation & Railroad Company, has
been duly carried ont according to the terms
expressed. a part of the details of which will
he found in the Report of tie Commissioner.
FL Manning, Esq 1t will be remembered
that TIE River Improvement was abandoned.
except the completion Of four dams. the state
and condition of which will be found in the
Reports of the present Commissioner. VIM.
C. Drake, and the Chief Engineer, s. Dwight
Eaton, ESQ, to which your attention is re-
spectfully called.
If these four dams should be completed.
they will still he the source of copss~-qt an
noyance and expense to the state, and it is
clear to my mind that it would be the part of
wisdom to do at once what in the end will
hnv< 10 sszlsSsa, and 3hst VI fotrsrsfcr these
si5iaEss % q :sssss ssssss e asy re,
spos pastv 81 parties R sacs silh q
foun7 would ulidertahe u cosispIetS S,sx,fl
keef n repak We dam 90 o,ris,ie it.s
ted, insight be disposed of to the highest re-
sponsihla bidder, &c.
Justice to large number of individuals
demands that should bring to vour atten
tion another subject connected with this grant
The agents employed by the State to select
the 800, 900 acre grant. among others, select
ed 12,9l351 acres Of land, chiefly in Web
ster County, belonging TO the river grant.
which selection, with others, was approved
Feb. Goth, 1851.
Col. Benton. at that time the State Super
intendent, with his usual caution and pru-
dence, before ordering these lands into mar
ket, addressed letter of enquiry to the
Commissioner of the General Land Office.
whether anv of the selections in question
conficted with the Des Moines River grant
This was IN March 1858. Receiving mega
tive answer on the 9Th of June, of the same
year, he ordered the lands into market. In
January thereafter, he received another letter
from the Commissioner, 10 the effect that the
approval Of the selections of these 12.S13
acres had been revoked, and confirmed to
the State under the Des MoneS River grant
In the meantime, the School Fund Com
missioner OF Webster Co., under the order
of sale, disposed of some 4. .S59 acres of this
land, by sale to actual settlers, who have i'm
proved and still occupy the same. Since
then the State, under her contract for the
improvement of the Des Moines River, has
conveyed by deed these same lands to the
Des Moines River company who now hold
the legal title. In this condition of things
what is t. become of these settlers? Tt is
true, perhaps, under the occupying claimant
law, thev may get the value of their improve
ment. But is this the measure ofiustice that
should be meted out to them? They were
purchasers in good faith, and although their
miSfnrtunes are the result Of the laches of
Fedral officers, rather than that of the State,
vet simple Justice demands. under the cir
cumstances, that the State should at best do
all it could to have these lands confirmed to
them. This can now only be done by neco-
tiation
| would respectfully suggest where anv
of these parties are unwilling to take a rea-
sonable compensation for their improvements
and surrender the land. that if they will paw
to the Des Moines Navigation & Railroad
Company, the price for which the State sells
other school lands, that then the State will
make up the residue of the purchase money
to said Company, either in cash or land ::
provided the purchase can he made of said
Company on Just and reasonable terms.
A special agent might he commissioned to
effect the negotiation on this basis, properly
restricted in his powers.
At all events, the whole subject is submit
ted to your better wisdom, earnestly EXPRESS
ing the hope that it will not be overlooked.
SWAMP LANDS.-The grant of these lands
for purposes named in the act, has been the
source of much trouble to the State, and
vexation to the people of the counties who
were Intended to he made by an act of the
Legislature, the recipients Of the same. AZ
ter large quantities of these lands had been
selected agreeably TO the rules prescribed by
the proper department, and approved bv the
Commissioner of the General Land Office as
such, they We're permitted to be entered or
located with land warrants at the Govern
ment Land offices. upon a bare representa-
ton that they were dry lands. A remon-
STRANGE from the State against so unjust a
proc 'eding, resulted in the passage of an act
by Congress confirming to the State the
Swamp Land selections as they had been
made.
Before this, however, Congress had, by an
act passed for that purpose, recognized and
confirmed the title of purchasers and locators
Of such tracts as had been selected as swamp
or overtiowed lands, but made provisions at
the same time, that upon due proof by the
authorized agent of the State, before the
Commissioner of the General Land Office,
that any Of the lands purchased were swamp
lands within the true intent and meaning oi
! the act aforesaid the purchase money shall
be paid oyerto the State and when the lands
have been located by warrant or scrip, the
Stota should In 60 lo,..o .,,,.,.