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.)
Probably no grant of this character has received such widespread
notoriety as the one for the improvement of the Des Moines River. It
is owing, no doubt, in a great degree to the numerous conflicting
decisions by the Executive Departments touching the extent of the
grant. The Hon. R. J. Walker, Secretary of the Treasury (under whose
supervision the Land Office then came), decided on the 2d of March,
1849, that the grant extended above the tributary of the Des Moines
River commonly known as the Raccoon Fork. The Land Office soon
thereafter passed from the jurisdiction of the Treasury Department, and
was placed as one of the bureaus of the Home or Interior Department.
The Secretary of this lately established branch of the Government
(Hon. Thomas Ewing) decided on the 6th of April, 1850, that the grant
did not extend above the Raccoon Fork. From that decision the State
of Iowa appealed to the President, who laid the matter before the
Attorney-General. That officer (Hon. Reverdy Johnson), on July 19,
1850, expressed an opinion confirmatory of the decision of Secretary
Walker. The Secretary of the Interior, however, being determined in
his views, did not adopt the opinion of the Attorney-General, and the
Commissioner of the General Land Office wrote, under date of 26th
September, 1850, to the President, reviewing and objecting to the
opinion of Mr. Johnson. The President, having been again applied to by
the State of Iowa to determine the matter, referred the whole question
to the Attorney-General (then Hon. J. J. Crittenden). That officer,
without delivering an opinion on the merits of the case, expressed the
belief that the President ought not to interfere, but should leave such
questions to the proper officers. The then Secretary of the Interior
(Hon. A. H. H. Stuart) thereupon decided that the grant did not extend
above the fork, but subsequently decided to approve the selections for
lands above the fork. Attorney-General Cushing, on the 29th of May,
1856, expressed the belief that on the merits of the case the grant
was limited to the Raccoon Fork, but as Secretary Stuart had approved
selections above that point, such practical enforcement of the grant
had better be continued. The view of Mr. Cushing was subsequently
maintained by the Supreme Court of the United States in Railroad
Company _vs._ Litchfield. (23 Howard, page 66). By the act of Congress
approved July 12, 1862, the grant was extended to the northern boundary
of the State, so as to include the alternate odd numbered sections
lying within five miles of said river, upon the following conditions:
The lands were to be held and applied in accordance with the provisions
of the original grant, except that the consent of Congress was given to
the application of “a portion thereof” to aid in the construction of
the Keokuk, Fort Des Moines and Minnesota Railroad, in accordance with
the provisions of an act of the general assembly of the State approved
March 22, 1858.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account