Muscatine weekly journal. [volume] (Muscatine, Iowa) 185?-1890, 1862-01-17

Commissioners of the U. S. General Land Of.
tice to re-convey to the United States this Nv.
cess Of land. Upon examination it was found
that part Of the land had been already sold
and conveyed by the State, so that all conld
cot be re-conveyed. Under these c:rcum-
81 noes 1t was agreed between Gov. Lowe and
the Commissioner 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 per cent. fund
coming to this State enough to pay for such
OF said lands as could not be re-conveyed bv
reason OF their sale at the rate of one dollar
anu twenty live cents per acre. Unfortunate
y, at the time this agreement was made, the
then unsold portion of the land was not with.
drawn from market and since then still other
portions have been Sold Gov. Lowe, by let
ter. relnquished 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 I at once
caused the remaining unsold portion of the
lands 10 be wlthdra wn from market, and
would at once have re-conveyed them, but
have serious doubts 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 conferred to
settle and adjust this matter on the terms
propos by Governor Lowe, and also to re-
convey to the United States any portion of
said excess OF lanes yet remaining unsold.
The swamp land grant is being slowly ad-
Justed with the General Land Office at Wash
ington City. By the terms of the law max
ing this gr mt, this State W II be entitled to
receive from the United States, in lieu of
swamp lands that had been entered with
land warrants. land scrip emitting the State
to locate quantity of like amount upon
any Of the pnbIic lands subject to entry at
one dollar and quarter per acre or less"
The Commissioner of the u S. General
Land Office has SO construed this law as to
require the State to select The lands to which
1t may be entitled Hereunder, from the lands
OF the United States, subject to entry, at one
dollar and quarter an acre, lying within this
State. The law will not, in my opinion, bear
tins construction, and am cndeavoring to
nave It let aside, 40 as allow the selection of
the lands to which the State may be ent. tied,
to he made in this State or in any other State
or Territory where public lands may be found
subject to entry, at one dollar and quarter
per acre.
1t will be necessary that an Agent or
Agents be appointed to make these selec-
tons, and you should make some provision
for such appointment. The lands thus to be
selected will, by the laws of this State, be-
long to the Counties within which the lands
in lieu of which they may be selected,
were orig'onally located The United States
however recognized only the State as the re-
cip'ent of the grant, and will probably recog-
n'ze OILY the Agent or Agents of the State
in making these selections, but as the benefits
of these selections enure to the counties, it
would be just and proper that the counties
should bear or refund to the State the exEsase
of the agency.
l have thus endeavored to place before YOU
the condition Of the State, so far, as in nv
judgment, your action is needed for its inn
provement Your wisdom will doubtless dis
cover some, perhaps many, particulars in
which legislation will be necessary, that have
been overlooked by me.
The year which has just closed, has brought
to cur people new experience, new trials,
new responsibilities, and new duties. Let us
continue to meet them as we have thus far
met them, with neither an overweening conf
dence in, and reliance upon our own strength,
nor an unmanly and craven fear for ourselves,
or OF the hardships we may endure before we,
win by deserving success, but with patience,
camness, unfnching courage, and an abiding
faith in God.
SAMUEL j. KIRKWOOD.