St. Charles City Republican intelligencer. [volume] (St. Charles City [Charles City], Iowa) 1857-1861, 1860-01-19
dotsst(uaro tbs Course Of empire takss its dQap' 80
CITY. FLOYD COUNTY, IOWA, THURSDAY JANUARY 1860


per cent. is denied us upon the ground
that such entries are mere bounties,
and not sales. In February, lS47,
three or four months after our admis-
sion into the Union, Congress passed
an act Offering one quarter section of
land to every private, musician, and
non-commissioned officer who would
enter and serve certain given time
in the Mexican war. The war closed
about the time cur best lands were be-
ing brought into market vast num-
bers Of these warrants we're issued
and were located in this State, alb
sorbing large proportion of our best
lands. As they formed part of the
contract of enlistment, they could not
have been withheld by the govern
ment without an act of bad faith not
so, however, if they were in fact only
bountlcs. But they were issued i'll
discharge of a consideration that had
been given in the form of military
services, and their subsequent re-
demption in land, constituted sale
in the sense of the law as well as the
compact. Such is the opinion of the
best jnrists in the country. | have
appealed in vain to the Secretary Of
the Interior for the payment of the 5
per cent. upon these warrants, that
now approximate to million of dol
lars. On going to Washington to in
stitutc suit in the court Of claims, as
| was directed to do by IL joint reso-
luton adopted at your last General
Assembly, | was strongly dissuaded
from doing so, for the reason that it
would be useless expenditure of
moncy--that the decision of that court
settled nothing-that they were only
equivalent to report made by a
committee of either House of Con-
Sress, and were as frequently over
ruled-that the relief after all must
come through Congress. Eminently
unjust as is the non-payment of this
fund for the reason assigned, Iowa is
not the only party complaining. Other
Western States stand in the same
category, but not so largely implicat-
ed. They propose to abide their time
till after the next federal census and
apportionment, which will give the
West some Is or 20 additional repre-
scntatives. My opinion is that we
had better do the same thing.
The payment of this fund is not q
mere favor which we are asking OF
the General Government, but sub
I sisting legal right which could be en-
, forced i'll IA court of justice, were there
a tribunal of this kind clothed with a
: requisite Jurisdiction.
school. FUND AND LANDS.
The agents employed to investigate
the affairs Of the different School Fund
Commissioners in the State, found
= many irregularities and abuses in the
Q official discharge of their duties, and
l in the counties of Allamakee, Clicka-
e saw, Clarke, Decatur, Fayette, Jones
Madison, Mitchell, Story and Wapello
, they discovered defalcations to al
:. amount exceeding $4,000. Their re
= ports, however, in some instances
were not entirely clear and satisfacto
t ry, and probably may have done some
: Of the officers injustice. The law
: makes it the duty of County Judges
: in all such cases to bring the matter
, to the notice of the District Attorney
= for the purpose of instituting lega
: proceedings am of the opinion that
, the interest of the State School Fund
t would be better subserved by author
izing the Auditor of State or the Sec
rctary of the Board of Education (Col
: Benton, to re-invcstigatc the accounts
/ of the School Fund Commissioners il
: the counties mentioned, with view
+ of ascertaining with greater certainty
| the real facts in each case tEis
t being done to clothe such officer with
G full power to arrange amicably with
: the dcfaulting Commissioner tho
!. amount found to due, by allowing
1 time and good security. If he SHOULD
e fail in this, then to supply the Distric
$ Attorney with such a statement O
= facts, that he may proceed with safe
0 ty, and with less liability to involv,
I the State in cost. Indeed, it woulc
e be well to invest some officer will
full discretionary power to settle al
q such cases in the method that will
!. with the least expense, protect til,
State against loss.
q l had the honor, at your last regu
. lar session, to communicate to you
respective bodies. the frauds ant
n abuses alleged to have been practicec
: in Tama county, in the sale of tho
10th section. The law required thai
. the land should be offered at public
:, sales three different times, six month.
n or more apart, before they shall bt
;. subject to private entry. In January
;, 1857, 5000 acres We're offered at pub
n lie sale in said county, (being the frs
4 and only time they were SO offered
: and run up to high figure by ficti
+ tious bidders, as the charge was made
: to prevent actual settlers from becom
. ing purchasers. After the sale thes,
bidders privately forfeited their bid.
!, after which the parties for whom
r they acted, purchased the same a
private entry at the appraised valu,
q thereof. If this was true, the sal,
= was a fraud upon, as well as clea
e violation of the law, and consequent,
= = void, and l so directed the COUNTY
= Judge to declare them, which he &C
!, cordingly did. have since learne,
. that some of these pretended purchas
= ers were unwilling to have their land
\ so treated, and would contest tn,
), titles with the State, while other
= would give them up if their none,
: could be refunded with interest. Al
the executive officer of the State, i
was my duty to insist upon a stric
l. observance of the law 1t is quit,
t competent for you to do otherwise
v and in view Of the altered condition o
). things in the State, the fall of proper
n ty, &c, | would now recommend the
/ passage of law that should legalizt
), these sales, and vest in the severa
t, purchasers the legal title to the lands
n in question, with the pivilege, howcv