, 1871-12-25
What are Swamp and Over
flowed Lands.

flowed ldndS.
To reply to numerous enquiries from
subscribers We addressed Hon. j. ".
Bost, Surveyor General, asking his
opinion on the above subject. which We
present to our readers.-S. F. Examiner
SURyEroR-GENERAL's OFFICE. !
Sacramento, November IL, 1S71.{
EDITOR EXAMINER letter of the
Sth instant was received several days
ago, and would have been answered
sooner but for the rush of business in
cidental to the closing of my term of
office.
You ask me to state "what I consider
Swamp and Overlooked Land. under
the Act of Congress granting this class
of land to the States" This is subject
upon which doctors disagree, but can
give you my opinion in the premises,
which can be taken for what it is worth:
Congress granted the State of Arkan-
sas (the grant was afterwards extended
to this State) all of that portion Of the
public domain rendered unfit for cul-
tivation by reason of overhows. 1t
would seem from debates on the bill,
when it was being discussed in Congress
that they not only intended to grant the
s,camp land, but also any and all land
made unfit for cultivation by being over
flowed or subject to inundation. 1t is
clear that all land that required artificial
work of any character, whatever, to rem
der it fit for cultivation was granted,
and it certainly was so intended.
The first bill drawn granted ''the
swamp and overfiowed land designated |
on the plats of the General Land Office |
as swamp land" and it passed the
Senate in this shape, and went to the |
House, where it was amended by strik
ing out the words known as and des-
ignated on the plots of the General
Land Office as swamp land and inser-
ting instead, ''made unfit thereby for
cultivation, also by inserting the word
.'overfiowed' after the word Swamp
i'll Sec. of the Act. Some contend
that land, upon which grass grows,
should not be classed as swamp and |
overfowed land. If this is to be the
test, there is not an inch of swamp land
in California. Others, again, say
timber will not grow on swamp land;
this proposition is equally ridiculous,
for the very first swamp land, ever gran
ted to any State, has grown upon it the
largest kind of timber. The swamps |
of Arkansas and Missouri are covered |
with almost impenetrable forests. A
sure test of swamp land is tules. No
land upon which tules grow is fit for eul-
tivation, without leveeing or draining. |
Something of the kind must be done to |
render it safe for cultivation, excepting
the driest seasons.
So am of the opinion that any land
was overfiowed, or subject to oUerrtotr, at
the time the grant was made (1S50, was
granted to the States, whether they are
of that character now or not. 1 would
Judge from the debates in Congress,
when the bill was under discussion,
that a liberal construction of the law
was intended in favor of the States. 1t
was discussed in the senate by Benton,
Borland, Badger, Bell, Davis of Miss.
Dawson, Felch. Foote, Hale. Jones,
King, Mangum. Sebastian. Shields I'm
derwood and Webster. Of these Bor
land, Felch and Shields. each of whom
warmly advocated the bill, constituted
the committee on public lands to which
the amended bill was referred. After
being reported back from the House,
here is what was said on the subject:
Mr.. Sebastian stated that there were
large quantities of land subject to over
flow that could not properly be termed
swamp lands. These amendments are
designed to cover and convey those
lands. ''There are," said he, 'two
classes of lands. The first amendment
will embrace all swamp lands: the
second, those lands which though not
swamp, are yet overhowed SO as to be
uuit for cultivation.
Mr.. Mangum stated that "there will
be included in the lands to which the
amendment may apply, all that may be
overfowed once in ten years And
again he says, "It will include those
lands in the valley of the Mississippi
which were overhowed by the highest
freshets.
Mr.. Bell said, there is no planter on
the Mississippi who does not know that
the most valuable lands there are those
which are sometimes overfowed. If
these improvements are made there will
be an immense quantity Of land of this
character reclaimed"
MIR. Davis, Of Miss, stated that
though a portion of the lands which
were sometimes overfowed would not
be less than from $50 to 500 per
acre, yet nearly al thas class Of land
had already been sold.
Il Mr.. Shields. We cell those lands