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-
Mr. Gue in his history of Iowa claims that the act of congress of 1861
was only intended for the protection of those purchasers from the state
who had actually settled upon their lands and made improvements
thereon, and that congress in using the words "bona fide purchasers
from the state of Iowa" did not include in those words citizens or
residents of the state of New York who had bought their lands in good
faith from the state of Iowa. The supreme court of the United States in
the very purpose of its organization was intended by the constitution
to organize a judicial body or tribunal before which all citizens of
the United States should be equal before the law, without regard to the
state in which they had their residence or location. There was no
question about the fact that the Des Moines Navigation Company was a
bona fide purchaser of these lands. At the time that they paid their
money and took a conveyance from the state of Iowa, the stockholders of
that company honestly believed they were getting a good and perfect
title and were paying out their money for same in the utmost good
faith. The statement of Mr. Gue in his history before referred to, that
the persons who received deeds for these lands from the Des Moines
Navigation Company were mere speculators, purchasing for a song a
doubtful and disputed title, is wholly without foundation and fact, and
the denunciation of the supreme court of the United States because the
court made no distinction between bona fide purchasers because of their
location or residence, very greatly mars the reliability and
impartiality that ought to have been characteristic of this history of
Iowa. Mr. Gue was a resident of Fort Dodge, where for years the
atmosphere of that locality was permeated by the passion of men who had
been disappointed in their attempt to secure a title to lands that they
all knew before and at the time of the location and attempted entry on
the same, had already been sold for a valuable consideration by the
state of Iowa. The opinion of the supreme court, delivered by Justice
Miller in the case of Williams vs. Baker, reported in 17 Wallace, 144,
contains an accurate and clear exposition of this entire controversy,
which fortunately was settled by the supreme court of the United
States, and to which they have continuously and consistently adhered.
Long after the diversion of the remaining lands of this grant to the
Keokuk, Fort Des Moines & Minnesota Railroad Company, the Iowa
Homestead Company, grantee of the Dubuque & Sioux City Railroad Company
brought suit for a portion of these lands embraced in the river grant
above the Raccoon fork, and attempted to disturb the title. In the
meantime the Keokuk, Fort Des Moines & Minnesota Railroad Company had
mortgaged these lands for the purpose of continuing their road from Des
Moines to Fort Dodge. On the foreclosure of this mortgage these
remaining lands were sold to a company known as the Des Moines & Fort
Public-domain text, read in full here on John Shaqi.
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