Autobiography of Charles Clinton Nourse: Prepared for use of Members of the FamilyNourse, Charles Clinton
History
Autobiography of Charles Clinton Nourse: Prepared for use of Members of the Family
Nourse, Charles Clinton
Iowa -- Politics and government; Lawyers -- Iowa -- Biography; Nourse, Charles Clinton, 1829-
Another class of persons, however, were deeply interested in the
question of this title. Prior to the contract made with the Des Moines
Navigation Company the state of Iowa had sold some fifty thousand acres
or more of these lands located above the Raccoon fork of the river, and
many of these lands were occupied by actual settlers who had made
improvements thereon and had paid the state valuable considerations for
their title. To avoid the hardships that must otherwise have resulted
from the decision of the supreme court, congress on March 2, 1861,
passed the following joint resolution: "Resolved, that all the title
which the United States still retain in the tracts of land along the
Des Moines river, above the mouth of the Raccoon fork thereof, which
have been certified to said state improperly by the department of the
interior as a part of the grant by act of congress approved August 8,
1846, and which are now held by bona fide purchasers under the state of
Iowa, be, and the same is hereby relinquished to the state of Iowa."
The congress of the United States further on the 12th of July, 1862,
passed an act in express terms extending the grant to the northern
boundary of the state, and providing that such lands "be held and
applied in accordance with the provisions of the original grant, except
that the consent of congress is hereby given to the application of a
portion thereof to aid in the construction of the Keokuk, Fort Des
Moines & Minnesota Railroad, in accordance with the provisions of the
act of the general assembly of the state of Iowa, approved March 22,
1858."
At the December term, 1866, the supreme court of the United States, in
the case of Samuel Wolcott vs. The Des Moines Navigation Company,
reported in 5 Wallace, page 681, made a further decision confirming the
title of the Des Moines Navigation Company under the acts of congress
of 1861-2, to the lands that had been deeded to them by the state of
Iowa as before recited, and further deciding that the lands within the
five mile limits of the Des Moines river had been reserved by competent
authority for this work of internal improvement at the time of the
passage of the railroad grant of 1856.
Mr. Gue in his history of Iowa unfortunately attempts to disparage the
title of the stockholders of the Des Moines Navigation Company by
stating they were mere speculators who had purchased an impaired title,
and were therefore entitled to no consideration. On the contrary, the
men who received these deeds directly from the Des Moines Navigation
Company were stockholders who had advanced their money in payment of
their stock, which money had been paid over by that company directly to
the state.
Public-domain text, read in full here on John Shaqi.
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