Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1860-01-14

intent and meaning Of the act aloresaid. tb,
purchase money shall b. paid over 20 th,
State, and when the lands have been locat
cd BY warrant OF scrip, the State should b.
authorized to locate quantity Of lik.
amount, &c.
The General Assembly, ct its last session
made an appropriation Of $1,000 to defray
the expense Of selecting the swamp and
overlooked lands in twelve counties then
nnorgsnized, and the sending of an agent to
Warrington to settle the preliminsrics Of
the proof required under the act Of Con
gress alluded to, as well IS some other open
questions in relation to the manner OF list
ing and patenting these lands to the State.
The Hon. James Thorington was commits
stoned for this purpose, and an adjustment
was effected, under which the General Gov.
eminent has, up to this date, certified or
listed to the State 5O7 81 80 acres. The
report Of the State Register will show in
what counties these lands are situated.
The lists have been examined, corrected
and approved, and patents requested to be
issued to the State for the same, which is
now in process Of being done. 6l,sl2.43
acres OF the above amount, embraced within
the Fort Des Moines and the old Iowa City
Land District, have recently been patented
to the State, and which have caused to be
patented to the counties in which they are
situated. 1t is believed the above lands
will oil soon be certified by patents to the
State, and they belong to that class OF
swamp lands about which there is no con-
troversy, the title beng, IS l have before
stated, confirmed to the State by an act Of
Congress dated March Sd, 1857. But in
addition TO these lands, there have been
listed to the State ia, 332 &c 100 acres fall
ing within the Fort Des MONIES and Char
iton Land Districts, which had been wrong
fully permitted to be entered by cash or
with military land warrants, the title
whereof has been confirmed to the several
purchasers and locators, but indemnity for
which is to be given to the State, provided
1t shall be proved in the method prescribed,
that they were swamp and overflowed lands
within the IN aiming and intent of the act
granting the same at the date thereof or at
the time Of their selection. Forms Of the
proof, with the requisite instruction, have
been forwarded to the Judges of those
counties where these lands are situated.
that the work Of establishing the swampy
character Of the same may be commenced
The General Land Office, at Washington, is
unwilling to adjust this grant with any other
party than the State authorities, which de-
wolves upon the Executive greater duties than
1t is possible for him 10 perform with his
other official labors. The examination and
correction as they are forwarded which is
only done by land districts, the division of
these lists into counties, and transmitting to
such counties, those which are to be patent.
ed, and those which have been entered by
cash, and those which have been located with
land warrants, in separate lists, that the
requisite proof may be taken in regard to
their charac,er-and supplying the counties
or other agents with all needful information
they may require concerning the manner of
conducting the proof-examining and cor.
rectiDg these proofs, when taken, before they
are transmitted to Washington for approval,
will require more labor than one individual
can bestow should he give his entire time
Hence felt 1t my duty to employ j. B. Stew
art, Esq, of Des Moines, special agent to as.
sist in these labors But l am now satisfied
that although the Register of the State Land
Office and his deputy have already as heavy
duties as they can well perform, this swamp
land business should be transacted in his Of
flee under the general supervision OF the Gov
ernor, and that the Register should be author
lied TO employ one or more component per-
sons, as the necessity of the case may re-
quirc whose time and abors should be given
exclusively TO this branch of the public SER
vice, aud whatever amoant the State should
be required to pay the agent or agents thus
employed could and ought to be refunded TO
the treasury out of the moneys obtained from
the General Government for swamp lands sold.
This would hasten the final close and settle
ment of this troublesome business, which is
very much desired by the counties interested,
and the commencement of which thus fairly
made, has cost the Executive Department of
the State unremitting labor and attention.
There is, however, another obstacle to the
early completion OF this service, which shall
net omit TO mention. The four land grant
railroads in this State claim the right TO i'm
peach the swamp land selections SO far as
they complied with their grant, notwthstand-
ing near three years ago, these selections
whether their real character were swamp or
dry, were by a special act of Congress con-
firmed to the State. This right upon applica-
ton was conceded to these companies by the
Commissioner of the General Land Office with
the consent of the Secretary Of the Interior,
without giving the Stat" hearing upon the
question. Hence the swamp land selections
found upon odd sections, falling with
in the description and limits OF the rail-
road (being fifteen miles on either
side of each lne) have not been with other
swamp land, certified to the State. On being
informed of these facts, proceeded to Wash
ington and made an urgent appeal to the Sec
rotary of the Interior for a reversal of this
decision, for reasons which were named, but
he declined to do SO, yet expressed willing
ness to require the railroad companies to des-
ignate at once the tracts claimed to be dry,
aud to submit proof that should at least be
Al.
have swamp lands, otherwise they should be
certified to the State, and to this effect did he
so instruct the Commissioner. Still l have
heard of no such desigDations-ihe lands still
remain unceriifed to the State. have been
unable 10 learn from the Commissioner, what
course he designs TO pursue in reference to
the instruction of the Secretary of the Interi-
or. And the question recurs, where is this
matter to end 7 If the contest goes on, il
must necessarily be protracted and expensive
to the people of the countless whilst it will
prove in the end, detrimental to the railroad
companies themselves. 1t is obviously their
interest to propritiate the favor rather than
the hostility of the people, in pushing forward
their several enterprises. The counties deeply
feel the want of railroads, and many of them
would be willing to give or subscribe their
swamp lands to attain so desirable an object,
but they are not thus willing to be deprived of
them, without their consent, or subjected to
the other alternative Of proving them up a
second time, at great cost and trouble. The
railroad grants were made to the State in
trust for certain railroad companies. The
State, Is read the act, has already made a
declaration OF this trust IN favor of the COM
panies in question, subject, however, to the
conditions and restrictions contained in the
act Of Congress granting them. One of these
conditions is. that the lands shall only be sold