The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1862-01-22


convey to said company the title Of the
State to portions Of the lands so certified
to the State for that purpose, as rapidly as
the work progressed. Under this arrsng-
ment the title of the State to many Of
these lands was conveyed to the De Moine
Navigation and Rail Road Company, the
! State conveyed to said company the title
of the State to the remainder of the lands
which had been certified to the State by
the Secretary Of the Interior, and at the
same tipe conveyed to the Keokuk, Fort
De Moine and Minnesota Railroad compa-
ny its title to all the lands Of said grant
which had not been certified to the State
by the Secretary Of the Interior, except
$4,000 acres reserved for certain purpo,
ses. The De Moine Navigation and rails
road company have conveyed to individut
ais large bodies of the lands thus con-
yeyed to them. The lines Of three Of be
Land Grant Railroads, the Dubuque and
Sioux City, the Cedar Rapids and Miss
souri, and the Mississippi and Missouri,
cross the De Moine river above its forks,
and hence arises conflict between these
companies and the companies and their
grantees, and the grantees of the State
who hold poltiops of those lands as part
of the original De Moipe Riyer Grant.--
These Railroad companies claim that ths
De Moine River Grant never really ex-
tended above the forks Of the river at De
Moine, and that consequently all convey
ances made BY the State of lands above
that point, as De Moline River land grants
are invalid, aud that by virtue Of the rail
road land grant they acquire a title to all
such lands lying within the limits Of theiE
respective grants. s. ss 49,,
The State having only conveyed what
title it had to these lands, may not be le-
gally liable to make good any loss thai
may result to others from failure Of that
title, but certainly is morally bound, at
the least, to do what may be reasonably
aud fairly done to protect the rights and
interests of those threatened with such
loss. When the State granted to the Rail-
road Companies the lands granted to the
State by Congress for Railroad purposes,
it was not contemplated by the parties,
certainly it was not contemplated by the
State, that it was granting to these cora-
panies lands previously conveyed by the
State to others, and if since the making
Of these grants the companies who are ta
receive the benefit Of them have discov-
cred that by strict legal construction they
are entitled to more than vas contempla.
ted, either by themselves or by the State,
and are disposed to enforce STRICTLY these
legal rights, to the injury of innocent purs
chasers from the State; the State may,
and l think should, hold thesa companies
in all things to strict compliance with
the terms of the grants made to them
IF these companies are nov in default, and
ask the indulgence and clemency Of the
State, it seems to me the State may very
properly, before extending such induL
gence and clemency, enquire and know
what indulgence and clemency these com>
companies will extend to the unfor-
tunase holders of these lands, and
make for the one with the other such
terms and conditions as may. be equitable
and just to all.
In selecting the lands for the FIVE hun-
dred thousand acre grant, SO called, by
some mistake the agents Of the State se>
lected, and the officers Of the General
Government certified to the State several
thousand acres more than were conveyed
by the terms of the grant, This mistake
being discovered, application was made to
my immediate predecessor by the Com
missioner of the United States General
Land Office, to re-convey to the United
States this excess Of that laud 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. Under these circumstances il
was agreed between Governor Lowe and
the Commissioner of the General LanS
Office, that the unsold portion Of this ex-
cess of land should be re>conyeyed, and
that the United States should retain Of
the Eve 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. Unfortunately
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, Gov.
Lowe by letter relinquished the title Of
the State in these lands, but quite recently
the Commissioner of the General Land
Office has applied to me for formal deed
of conveyance. l ut once caused the re-
naming uusold portion of the lands to DO
withdrawn from market, and would at
once have re-conveyed them, but have se-
rious doubts whether the Executive can,
without your authority, diyest the State Of
title to land which has been once vested
in the State, whether BY mistake or other;
wise. g9Y ~
recommend that authority be con-
ferred to settle and adjust this matter on
the terms proposed by Gov. Lowe, and
also to re-convey to the United States any
portion Of said excess Of lands yet remains
ing unsold.
The swamp land grant is being slowly
adjusted with the General Land Office ut
Washington City. by the terms Of the
law making this grant, this State will be
entitled to receive from the United States
in lieu of swamp lands that had been en-
tered with land warrants, land script en-
titling the State to locate "quantity Of
like amount upon any Of the public lands
subject to entry ar one dollar and . quar-
ter per acre or less