Muscatine weekly journal. [volume] (Muscatine, Iowa) 185?-1890, 1860-01-20
SWAMP LANDS,

much trouble TO the State, and vexAtion to |
tne people Of the counties who were intended |
60 &c made by an act Of the Legislature the |
recipients of the same. After large quantities |
Of these lands had been selected agreeably to |
the rules prescribed by the proper department
and approved by the Commissioner Of the
Geperal Land, Office q such, they were per-
mitted to Be- entered OF lesated with land
warrants ct the Government LandO Offices upon
: bare representation that they were dry
lands. A remonstrance from the State against
90 unjust proceeding, resulted in the passage
of an oct by Congress confirming to the State
the swamp land selections As they had then
been made. sG,
I: Before 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 been selected as swamp
or overlooked lands, but made provision, at
the same time, that upon due proof by the
authorized agent of the State before the Com
missioner of the General 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, and when the lands have
been located by warrant or scrip, the State
should be authorized to locate quantity of
like amount, &c
The General Assembly, at its last session
made an appropriation of $4,000 to defray the
expenses Of selecting the swamp and over
flowed lands in twelve counties, then unor
ganized, and the sending of an agent to
Washington to settle the preliminaries of the
proof required under the act Of Congress al
luded to,a well IS some other open questions
in relation to the manner Of listing and pat
enting 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, S1l so acres. The report Of
the State Register will show in what counties
these lands are located. The lists have been
examined, corrected and approved, and pat
ents requested to be issued to the State for
the same, which is now in process of being
done; 81 ,S12.4S acres Of the above amount,
embraced within the Fort Desmoines and old
Iowa City Land District, have recently been
patented to the State, and which l have
caused to be patented to the counties in which
they are situated.
1t is believed the above lands will all soon
be certified by patents to the State, and they
belong to that class of swamp lands about
which there is no controversy, the title being
as have before stated, confirmed to the State
by an act of Congress dated March Sd, 1858.
But in addition to these lands there has been
listed to the State 124, 322.76 acres falling
within the Fort Desmoines and Charlton land
districts, which has wrongfully been permitted
to be entered by cash or with military land
warrants, the title whereof has been confirm
ed to the several purchasers or locators, but
indemnity for which has been given to the
State, provided it shall be proved in the
method prescribed, that they were swamp and
overf1owed lands within the meaning and in.
tent of the act granting the same at the date
thereof, or at the time of their selection
Forms of the proof, with the requisite in
structions, have been forwarded to the Judges
of those counties where these lands are situa
ted, that the work Establishing the swampy
character of these lands may be commenced
The General Land Office at Washington
is unwilling to adjust this grant with any
other party than the State authorities, which
devolves upon the Executive greater duties
than it is possible for him to perform with
his other official labors. The examination
and correctness as they are forwarded, which
is only done by land district, the division o
these lists into counties, and transmitting t.
such counties those which are to be patented
and those which have been entered by cash
and those which have been located by lane
warrants, in separate lists, that the requisite
proof may be taken in regard to their charac
ter-and supplying the counties or othe
agents with all needful information, they ma,
require concerning the manner of conductin!
the proof-examining and correcting thes
proofs, when taken, before they are trans
mitted to Washington for approval, will re
quire more labor than one individual can be
stew, should he give his entire time. Henc
felt it my duty to employ ] B Stewart, Esq.
of Desmoines, "a special agent to assist in thes
labors But am not satisfied that although
the Register of the State Land Office and hi
deputy have already as heavy duties as the,
can perform, this swamp land business shal
be transacted in his Office under the genera
supervision of the Governor, and that the Re
gister should be authorized to employ one o
more competent persons, as the necessities o
the case may require, whose time and labo
should be given exclusively to this branch o
the public service, and whatever amount tn
State should be required to pay the agent o
agents thus required could and ought to b.
refunded to the treasury out of the money
obtained from the General Government TO
swamp lands sold. This would hasten tn
final close and settlement of this troublesome
business, which is very much desired by tn
counties interested, and the commencement
of which thus fairly made, has cost the Exec
utive Department of the State unremittin.
labor and attention.
There is, however, another obstacle to tn
early completion of this service which
should not omit to mention. The four lane
grant railroads in this State claim the right t.
impeach the swamp land selections so far a
they complied with their grant, notwithstan
ding near three years ago, these selection
whether their real character WAS swamp O
dry, were, by special act OF Congress, con
frmed to the State The right, upon appli
cation, was conceded 70 these companies by
the Commissioner of the General Land Of1ic
with the consent ofthe Secretary of the Int
rior without giving the State a hearing upol
the question. Hence the swamp land seec
tons found upon odd sections, falling With,
the description and limits of the railroads
(laying fifteen miles on either side of sal,
line) have not been with other swamp land
certified to the State.
On being informed of these facts, I pro
c,edcd to Washington and made an earnes
appea' to the Secretary Of the Interior for
reversal of this decision, for reasons which
were named, but he declined to do so, ye
expressed willingness to require the railroad
companies to designate at once the tract
claimed to be dry, and submit proof tina
should at least be equivalent to the evidence
furnished that they have swamp lands, 9th
erwise they should be certified to the State
and to this effect did he so instruct the com
mission. Still Ihave heard of no such des
ignations-the lands still remain uncertifet
to the State. have been unable to learr
from the commissioner what course he in
tends to pursue in reference to the instruc-
ton of the Secretary of the Interior. And
the question recurs, where is the matter t.
nd? If the contest goes on, it must neces
sally be protracted and expensive to the PEG
pie G the counties. while it will prove in the