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

had been, 70 return heck 70 the Oeneral
Government list OF lands to DO taken
from this excess. Upon very full enquiry, I
ioond thae this could not 30 done without
interfering With tie rights Of innocent pur.
ehasefs, that the entire grant, including q
part o. this excess, had already been sold.
leaving about l3,9l8.25 acres undisposed Of.
Perceiving no good reason why this last
amount should be given back, . list contain.
ing proper description Of the same was da-
~ returned, and IN arrangement was made
with the Commissioner Of the General
Land Office, to the effect that the residue
of this excess [8, 745, scresl should be con.
firmed to the State, and that from her five
Der cent fund an amount should be retained
sufficient 70 pay for the same, at 81 25 per
acre, being SlO93l. This adjustment is q
favorable one for the State, and it il to DO
hoped that you will ratity it by the passing
Of IN act that 90 much Of the Ave per cent
fund may be retained BY the General Cow
eminent, - shall be necessary to carry out
the settlement 30 made, and that the title
OF the q, - acres may vest in the State;
II WILL also be necessary for Congress TO
pass IN act confirming this settlement for
the consideration named, to which the at
tention of our Representatives should be i'm
mediately called.
DEs MONIES RIVER GRANrAxp IMPROVE.
MENr.-For years this grant has been held
to extend to the source Of the river. Re-
Gently the Government authorities have de-
c'ded that it is limited in its extent to the
RaccOon Forks, and refuses to certify any
more lands to the State north Of this point.
The Hon. Charles Mason was appointed 4
Commissioner by the last General Assem-
! bly, to procure, il possible, the residue Of
this grant to be certified to the State. For
this purpose he Immediately repaired to
Washington, and not obtaining satisfactory
decision from the Secretary Of the interior,
appealed tn the President, who referred
the subject to the Attorney General, whose
opinion was adverse to the State, and
thereupOn recourse was had to the Judicial
ry- A suit, in the name Of f. e. Little
field, Esq, against the Dubuque Il Pacific
Railroad Company, was instituted in the
District Court Of the United States, and
Judgment obtained in favor Of the plaintiff
for tract Of land embracing in this grant
near Fort Dodge, derived from the State.
An appeal to the Supreme Court OF the
United States was Immediately taken, and has
already been submitted to that tribunal
upon priAted arguments, with assurance
form the Court Of an early decision, which
the State confidently expects will be = ia
vOrable one, rs it is impossible to conceive
how the Government is to avoid the legal
effect Of her repeated admissions, that our
title extended to the source Of the river
Too much praise cannot be awarded to
Judge Mason for the able and indefatigablc
manner in which he has addressed himself
to the sheet Of his commission. The set
element made at its last session by the
Legislature with the Dcs Moincs Navigation
4 Railroad Company, has been duly carried
out according to the terms expressed, q
part Of the details Of which will be found
in the Report Of the Commissioner, T..
Manning, Esq. 1t will be remembered that
the River improvement was abandoned, ex-
cept the completion Of four dams, the state
and condition Of which will be found in the
Reports Of the present Commissioner, Vim.
e. Drake, aud the Chief Engineer, S.
Dwight Eaton, Esq, to which your atten-
ton is respectfully called.
If these four dams should be completed,
they will still be the source OF constant 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 have to be done, and that is to transfer
these dams, with all their privileges, to any
responsible party or parties (if such can be
iound) who would undertake to complete
and keep the same in repair. The DAMS
completed, might be disposed Of to tho
highest responsible bidder, &c.
Justice to large number Of individuals,
demands that should bring to your attcn-
ton another subject connected with this
grant. The agents employed by the State
to select the 100000 acre grant, among
others, selected l2,9l3,5l acres Of land,
chiefly in Webster county, belonging to the
river grant, which selection, with Others,
was approved Feb. Goth, 1851.
Col. Benton, at that time the State Su
perintendcnt, with his usual caution and
prudence, before ordering these lands into
market, addressed letter Of inquiry to the
Commissioner Of the General Land Office,
whether any Of the selections in question
conhcted with the Des Mones river grant.
This was in March. 1853 Receiving ne
gativc answer, on the 9th Of June, Of tho
same year, he ordered the lands into mar
ket. In January thereafter, he received
another letter from the Commissioner, to
the effect that the approval Of toe selections
Of these IL, Sl3 acres had been revoked, and
confirmed to the State under the Des
Moines River grant.
In the meantime the School Fund Com
missioner Of Webster county, under the or
der Of sale, disposed Of some !, $50 acres Of
this land, by sale to actual settlers, who
have improved 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 to become Of these settlers
1t is true, perhaps, under the occupy ing,
claimant law, they may get the value Of
their improvement. But is this the meas
ure of Justice that should be meted out to
them They were purchasers in good
aud although their msfortuncs are the re-
suit Of the Inches Of federal officers, rather
than that Of the State, yet simple justice
demands, under the circumstances, that the
State should 1t best do all it could to have
these lands confirmed to them. This can
now only be done by negotiation.
would respectfully suggest, where any
Of these parties are unwilling to take rea-
sonablc compensation for their improve
ments, and surrender the land, that if they
will pay to the Dcs Moincs Navigation
Railroad Company the price for which the
| State sells other school lands, that then the
State will make up the residue Of the pur-
chase money to said Company, either in cash
or land provided the purchase can be made
Of said Company on just and reasonable
terms.