Report on the lands of the arid region of the United States, with a more detailed account of the lands of UtahPowell, John Wesley
History
Report on the lands of the arid region of the United States, with a more detailed account of the lands of Utah
Powell, John Wesley
Irrigation -- Utah; Irrigation -- West (U.S.); Public lands -- United States; Rain and rainfall -- West (U.S.)
By an act approved May 26, 1824, the State of Indiana was authorized
to open and build a canal, and the right of way with 90 feet of land
on each side thereof, was granted, subject to use and occupancy for
the purposes specified. Nothing, however, was done under that act by
the State; and on the 2d of March, 1827, it was superseded by an act
of greater extent. On that day two acts were passed giving to Indiana
and Illinois, respectively, certain lands in aid of the construction of
canals, the first to connect the navigation of the Wabash River with
the waters of Lake Erie, and the second to connect the waters of the
Illinois River with those of Lake Michigan. A quantity of land, equal
to one-half of five sections in width on each side of said canals, was
granted, reserving to the United States each alternate section. The
canals were to remain public highways for the use of the Government,
free from toll or other charge whatever; were to be commenced in five
years, and completed in twenty years, or the States were bound to pay
to the United States “the amount of any lands previously sold”, and the
titles of the purchasers under the States were to be valid.
As soon as the lines of the canals were fixed and the selections of
land were made, the States had power to sell, and give fee simple title
to the whole or any part of the lands.
These may, properly, be considered the initiatory concessions of lands
in favor of internal improvements.
As stated, a grant for right of way had been made, but that right was
solely one of use and occupancy. In this case the right of the States
to sell became absolute upon the selection of the lands. To be sure,
they were liable to repay the Government the price received by the sale
of any of the lands, but the titles of their purchasers were to be in
“fee”; and by such right of disposal they were enabled to realize at
once on their grant, and thereby secure a speedier construction of the
canals.
On the same day (March 2) there was also granted to Indiana a certain
strip of land formerly held by the Pottawatamie Indians, or the
proceeds from the sale thereof, to be applied in building a road from
Lake Michigan, via Indianapolis, to some convenient point on the Ohio
River.
On the next day (March 3) an act was approved granting to Ohio one-half
of two sections along the entire line of a road to be constructed from
Sandusky to Columbus.
Public-domain text, read in full here on John Shaqi.
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