The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1862-01-15

ten, ellher by themselves or by the State
and are disposed to enforce strictly thes,
legal rights, to the injury Of innocent rur
chasers from the State the State may
and think should, hold these Comp-tie,
IN all things to strict compliance with
the terms of the grants made to tharl. -
II these Companies srs now in default
and ask the indulgence and cIernericy O
the State, IL seeems 70 me 4he State ma,
very properly, before extending such in
diligence and clemency, enquire and know
what indulgence and cIemency these Com.
panies will extend to the unfort,sr ate
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 Eve hHn-
dred thousand acre grant, 80 called. by
some mistake the agents of the State az.
lected and the officers Of the General Gov.
eminent certified to the State several
thousand acres more than were covered bv
the terms OF the grant. This mistake be-
ing discovered, application was made to
ny immediate predecessor by the Com
missioner of the United States General
Land Once to re-convey TO the United
States this excess of that land. Upon ex.
animation IT was found that part of the
land had been already sold and conveyed
by the State, 80 that all could not be re
conveyed. Under these circumstances il
was agreed between Governor Lowe and
the Commissioner of the General Land
Office that the unsold portion of THE ex-
cess OF land should be re-conveyed. and
that the United States should -f,.taie-tf
the i've per cent. fund coming to this
State enough to pay for such of said lands
as could not be re-convcyed BY reason of
their sale at the rate of one dollar and
twenty i've cents per acre. Uunfor,un-
ateiy, 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lands was not withdrawn from market and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. Coy. Lowe by letter refinquished the
title of the State in these lands. but eaite
recently the Commissioner of the Heneraf
Land Office has applied to me for formal
deed OF conveyance. | at once caused
the remaining unsold portion of the lands
to be Withdrawn from market, and would
at once have re-conyeyed them, but have
serious doubt whether the Executive car
without your authority divest the State
OF title to land which has been onca YES,
ed in the State, whether by mistake or 9TH
erwise.
| recommend that authority be confer
red to settle and adjust this matter on the
terms proposed by Governor Lowe, and a.
SO to re-convey to the United States any
portion of said excess of lands yet re-.
naming unsold.
The swamp land grant is being slowly
adjusted with the General Land Once At
Washington City. BY the terms OF the
law making this grant, this State wilrbe
entitled to receive from the United States
IN heu OF swamp lands that had been en-.
tered with land warrants, land Scrip en-
lltllng the State to locate '.quantity of
Ike amount upon any of the public lands
subject TO entry at one dollar and quar-.
Ter per acre or less"
The Commissioner of the L. S. Gener-
u Land Ofhee has SO construed this law
IS to require the State to select the lands
o which 1t may be entitled Hereunder.
rom the lands of the United States, sub.
ect to entry, at one dollar and a quarter
IN acre, lying within this State. The law
viii not, IN my opinion, bear this construc-
ION, and | am endeavoring to have it set
side, SO as to allow the selection Of the
ands to which the State may be entitled
Q be made in this State or in any other
state or Territory where public lands NAV
'e found subject to entry, at one dollar
nd quarter per acre
1t will be necessary that an Agent or
Agents be appointed to make these seIec-
Ions, and you should make some proyis-
on for such appointment. The lands ,
hus to be selected will, by the laws of !
his State, belong to the counties within c
Thich the lands in lieu of which they may
9 selected were originally located. The
jnlted States however recognize only the
tate as the recipient of the grant, and s
I'LL probably recognize only the Agent or
gents of the State in making these Sc :
'ctlons, but as the benefits of the se,se-
ons ennre to the counties, it would be :
list and proper that the counties should
ear or refund to the State the expense
the agency.
| have thus endeayored tn place before {
on the condition Of the State, so far Us !,
my judgment Your action is needed
n Its improvement Your wisdom will
ouDtiess discover some, perhaps many, :
irtlculars IN which Legislation will be
scessary, that have been overlooked by !
@.
The year which has just closed, has
ought to our people new experience,
w ttt'tt-' new responsibilities, as.ri re q q
lties. Let us continue to meet them /,
we have thus far met fham w;th ,,at;.l +