St. Charles City Republican intelligencer. [volume] (St. Charles City [Charles City], Iowa) 1857-1861, 1860-01-19

III iNNSiNoo uuotHcI lelieI lIoiH tHC
commissioner. to the effect that the
approval of the selection of these
1888 acres had been revoked, and
confirmed to the state under the Des
Moincs River grant.
In the meantime the School Fund
Commissioner of Webster County, un-
der the order of sale, disposed of
some 1859 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 Dcs Moines
River, has conveyed by deed these
same lands to the Dcs Moincs Riv-
er Company who now hold the lc-
gal 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 measure of justice that should
be mcted out to them? They were
purchasers in good faith, and although
their misfOrtuncs are the result of the
toches of Federal officers, rather than
that of the state, yet simple justice
demands that the state should do all
it can 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 reasonable compensation for
their improvements and surrender the
land, that if they will pay to the Des
Moines Navigation and Railroad Com
pany, 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 be made of said Compa-
ny on Just and reasonable terms. A
special agent might be commissioned
to effect the negotiation on this basis,
properly restricted in his powers. At
al. events, the whole subject is sub
mitted to your better wisdom, earnest
ly expressing the hope that it will
not be overlooked.
SWAMP LANDS.
The grant of these lands for purpos.
es named in the act, has been source
Of much trouble to the State, and vex-
alton to the people of the counties who
were intended to be made by an act
Of the Legislature the recipients of
the same. After large quantities OF
these lands had been selected agreea
bly, to the rules prescribed 10y the
proper department, and approved by
the Commissioner of the General Lane
Office as such, they were permitted
: to be entered or located with land
warrants at the Government Land
Offices upon bare representation
that they were dry lands. A rcmon,
STRANGE from the State against so I'M
just proceeding, resulted in the pas
sage of an act by Congress confirm
ing to the State the swamp land Sc
,, lcctions as they had been made.
Be fore 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 bcca selected as swamp OF
ovcrdowed lands, but made provision
at the same time, that upon due proof
by the authorized agent of the State
!. before the Commissioner of the Gencr
al Land Office, that any of the lands
purchased were swamp lands within
the true intent and meaning of the
act aforesaid, the purchase money
shall be paid over to the State, ant
, when the lands have been located by
! warrant or scrip, the State should b,
authorized to locate quantity of lik'
: amount, &c.
! The General Assembly, at its las
session, made an appropriation o
, , $4,000 to deiray the expense of select
ing the swamp and overtlowed land
, in twelve counties then unorganizcd
and the sending of an agent to Wash
ington TO settle the preliminaries o
|, the proof required under the act o
Congress alluded to, as we'll as som,
. other open questions in relation to tn,
manner of listing and patcnting thes
= lands to the State. The Hon. jane
!, Thorington was commissioned for th
! purpose, and an adjustment was ei
> fectcd, under which the General Gov
crnment has, up to this date, certified
: or listed to the State 507,Slli acres
The report of the State Register will
show in what counties these lands arc
,, located. The lists have been examin
ed, corrected and approved, and pat
cnts requested 70 be issued to tho
. State for the same, which is now il
process of being done l,Sl2. A;
acres of the above amount, embraced
within the Fort Des Moines and tn,
old Iowa City Land District, have re
. Gently been patented to the State
and which have caused to be patent
!, cd to the counties in which they art
situated. 1t is believed the above
lands will all soon be certified by pa
tents to- the State, and they belong tc
: that class of swamp lands about which
: there is no controversy, the title
r being, as have before stated, confirm
. ed to the State by an act of Congress
i dated March Sd, 1851 But in addi
, ton to these lands, there has beer
D listed to the. State 24,33276 acre,
falling within the Fort Dcs Moine,
: and Charlton Land Districts, whicl
had been wrongfuliy permitted to b
entered by cash or military land war
J rants, the title whereof has been con
tirmed to the several purchasers anl
locators, but indemnity for which is t,
be given to the State provided it shal
} be proved in the method prescribed
that they were swamp and overfiowet
lands within the meaning and intent
of the act granting the same at the
: date thereof, or at the time of their Sc
a lection, Forms of the proof, with the
G requisite instruction, have been for
r warded to the Judges of those coun'
g ties where these lands are situated,
t that the work Of establishing the
! swampy character Of the same may be
5 commenced.
. The General Land Office, at Wash