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


be given, for the reason that the sale
had been declared void by me, and
some Of the parties may have made
other arrangements. Such disposi.
tion of this difficulty would obviatc
the expense and vexation of law suits,
and at the same time, under all the
circumstances, further the interest of
the School Fund.
100000 ACRE GRANT.
In the selection of these lands, the
agents employed returned an excess
of 22,660,03 acres, which by some
mistake was approved and entered
upon the tract books both in the Gen
eral Land Office at Washington and
upon our own books in the Registers
office.
l was urged, and learned my predc-
cessors had been, to return back to
the Government the list of lands to be
taken from the original selections,
properly described, that should be
equal to this excess. Upon very full
inquiry, found that this could not be
done without interfering with the
rights of innocent purchasers, that the
entire grant, including a part of this
excess, had already been sold, lcav-
ing about l3,SlS,25 acres undisposed
of. Perceiving no good reason why
this last amount should not be given
back, list containing a proper de-
scriptiOn of the same was duly re-
turned, and an arrangement was made
with the Commissioner Of the General
Land Office, to the effect that the res
idue of this excess (s,S45 acres
should be confirmed to the State, and
that from her 5 per cent. fund an
amount should be retained sufficient
to pay for the same, at 81 ,25 per acre,
being $lO,s3l. This adjustment is "a
favorable one to the State, and it is
hoped that you will ratify it by the
passing of an act that so much of the
five per cent. fund may be retained by
the General Government, as shall be
necessary to carry out the settlement
so made, and that the title of the
S,T45 acres may vest in the State: ii
will also be necessary for Congress tc
pass an act confirming this settlement
for the consideration named, to whicl
the attention of our Representative
should be Immediately called.
DEs MONIES RIVER GRANT 4 IMPROVEMENT
For years this grant has been hell
to extend to the source of the De
Moines river. Recently the Govern
ment authorities have decided that it i
limited in it's extent to the Raccool
Forks, and refuse to certify any mor'
lands to the State north Of this point
The Hon. Charles Mason was appoint
ed a Commissioner by the last Gene
raj Assembly to procure, if possible
the residue of this grant to be ccrti
fed to the State For tbs purpose he
Immediately repaired to Washington
and obtaining a satisfactory decision
from the Secretary of the Interior, ap
pealed to the President, who referee
the subject to the Attorney General
whose opinion was adverse to tn
State, and thercupon recourse wa
had to the Judiciary. A suit, in tn
name of +. c. Littlcfield, Esq, agains
the Dubuque a. Pacific Railroad Com
pany, was instituted in the Distric
Court of the United States, and judg
mcnt obtained in favor of the plaintiff
for tract of land embraced in this
grant near Fort Dodge, derived from
the State. An appeal to the Suprem
Court of the United States was imme
diately taken, has already been sui
mittcd to that tribunal upon printe'
arguments, with assurances from tn
Court of an early decision, which tn
State confidently expects will be
favorable one, as it is impossible t
conceive how the Government is t
avoid the legal effect of her repeate
admissions, that our title extended t
the source of the river. Too muc
praise cannot be awarded to Judg
Mason for the able and idefatigabl
manner in which he has addresse
himself to the object of his commits
sion. The settlement made at it
last session by the Legislature wit
the Des Moines Navigation Il Raj
road Company has been duly carrie
out according to the terms expressed
a part of the details of which will b
found in the Report of the Commis
sioncr, Z. Manning, Esq. 1t will b
remembered that the River Improve
ment was abandoned, except the com
pletion of four dams, the state ant
condition of which will be found il
the Reports of the present Commits
sioner, VIM. G. Drake, and the Chic
Engineer, S. Dwight Eaton, Esq, +
which your attention is respectful.
called.
If these four dams should be com
pleted, they will still be the source G
constant annoyance and expense t
the State, and it is clear to my min
that it would be the part of wisdom
to do at once what in the end vii
have to be done, and that is, to trans
fer these dams, with all their priv
leges, to any responsible party O
parties (if such can be found) VIII
would undertake to complete an
keep the same in repair. The dam.
completed, might be disposed of t
the highest responsible bidder, &c.
Justice to large number of ind
viduals, demands that should brin.
to your attention another subject con
nectcd with this grant. The agent
employed by the State to select tin
100000 acre grant, among others
selected l2,9ls,5l acres of land CHIEF
y in Webster county, belonging t.
the river grant, which selection, wit
others, was approved February Goth
1851.
Col. Benton, at that time State 81
perintendcnt, with his usual cautio
and prudence, before ordering thes
lands into market, addressed letto
of inquiry to the Commissioner of til
General Land Office, whether any c
the selections in question oontlicte
with the Desmoines River grant. Thi
was in March, 1858. Receiving