The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1862-01-21

pany the title of the State to the remain
der Of the lands which had been certified
to the State by the Secretary of the In
terror. and at the same time conveyed to
the keokuk, Fit. Des Moines and Mime.
sofa Railroad Company its title to all the
lands of said grant which had not been
certified to the State by the Secretary Of
the Interior, except fifty thousand acres
reserved for certain purposes. The Des
Mones Navigation and Rail Road Com
pany have conveyed to individuals large
bodies of lands thus conveyed to them.
The lines of three Of the Land Grant Rail
Roads, (the Dubuque IL Sioux City, the
Cedar Rapids d Missouri, and the Mis-
sissippi & Missouri cross the Des
Moines River above its forks, and hence
arises a conflict between these CONF anies
end their grantees, and the grantees anu
the State who hold portions % those
lands as part of the original Des Moines
River Grant. These Railroad Com
panies claim that the Des Moines, River
Grant never extended above the
forks of the River at Des Moines, and
that consequently all conveyances made
by the State Of lands above that point, as
Des Moines River Grants are valid, and
that by virtue of the Rail Road Land
Grant they acquired a title to all such
lands lying within the limits Of their re-
spective grants.
The State having only conveyed what
title il had to these lands NAV not be
legally liable to make good any loss that
may result to others from a failure Of
that title, but certainly is morally bound.
at the least, to do what may be reasona-
bly, and fairly done 10 protect the rights
and interests Of those threatened with
such loss. When the State granted to
the Rail Road Companies tie lands
granted to the State by Congress for
Rail Road purposes, it was not contem-
plated by the parties. certainly it was
not contemplated by the State, that il
was granting to these Companies land
previously conveyed by the State to
others, and if since the making of these
grants the Companies who are to receive
the benefit of them have discovered tina,
by strict legal construction they are en-
titled to more than was contemplated
either by themselves or by the State, and
are disposed to enforce strictly these
4 legal rights, to the injury of Innocent
purchasers from the State, The State
may, and l think should, hold these
Companies TO strict compliance with
the terms of grants made TO them. Ii
those companies are now in default, and
ask the indulgence and cemency of the
State, it seems to me the State may very
properly, before extending such indulg
ence and clemency, inquire and know
what indulgence aud clemency these
Companies will extend to the unfortunate
holders of these lands, and make for the
one with the other such terms and con.
di:ions as may be equitable and just to
all.
In selecting the lands for the five
hundred thousand acre grant, SO called
| by some mistake the agents of the State
selected ard the officers of the General
Government certified TO the State several
thousand acres more than were covered
by the terms Of the grant. This mistake
being discovered, application was made
to my immediate predecessor by the
Commissioner of the U. S. General Land
Office to re-convey to the United States
the excess of land. Upon examination it
was found that part of the land had been
already sold and conveyed by the State,
so that all could not be re conveyed
/ Ifplar fha-a oircupn ciancas n ,voo n .roo 4
between Governor Lowe and the Com
missioner of the General Land Office
that the unsold portion of this excess Of
land should be re-conveyed, and that
the United States should retain of the
five per cent. fund coming to this State
enough to pay for such of said lands as
could not be re-conveyed by reason OF
their sale, at the rate Of one dollar and
twenty five cents per acre. Unfortun
ately, at the time this agreement was
made, the then unsold portion Of the
lands was not Withdrawn from market,
and since then still other portions have
been sold Governor Lowe by letter re-
lands but quite recently the Commits
sioner of the General Land Office has
applied TO me for a formal deed of con
veyance. / at once caused the remain
ing unsold portion of the lands to be
Withdrawn from market, and would al
once have re conveyed them, but have
serious doubt whether the Executive can
without your authority, divest the State
of title to land which has been once
vested in the State, whether by mistake
or otherwise.
recommend that authority be confer
ed to settle and adjust this matter on the
terms proposed by Governor Lowe, and
also 10 re-convey to the United State:
any portion of said excess of lands ye
remaining ansold.
The swamp land grant is being slow
" adjusted with the General Land Offic,
at Washington City. BY the terms o
the law making this grant this State will
be entitled to receive from the United
States in lieu of swamp lands that had
been entered with land warrants, land
scrip entitling the State to locate ;
"quantily of like amount upon any o
the public lands subject TO entry at one
dollar and quarter per acre or less "
TN ~ r al. Il