missioner) had already decided as included in the lands donated to the State of Iowa for the improvement of the Des Moines River by the act of August 8, 1846.

On the same day a protest against the sale of these lands, was sent to the local land office, at which the sale was ordered to take place.

On the 8th January, 1849, the Senators and Representatives of Iowa, then in Washington, addressed a letter to the Hon. R. J. Walker, Secretary of the Treasury, also remonstrating against the action of the Commissioner of the General Land office, in limiting the extent of the grant to the Raccoon Forks, which he had done negatively by issuing the proclamation of June 19th, 1848, although he had not formally promulgated any opinion different from that expressed in his letter of February 23d; 1848. In answer to this letter of the delegation from Iowa, the Secretary made the following response:

TREASURY DEPARTMENT, MARCH 2, 1849. GENTLEMEN:—Į have the honor to acknowledge the receipt of your communication of 8th January last, and accompanying papers, on the construction of the Act of Congress "granting lands to the Territory of Iowa to aid in the improvement of the navigation of the Des Moines River, in said Territory, approved 8th August, 1846. I concur with you in the views contained in your communication, and am of the opinion that the grant in question extends, as therein stated, on both sides of the River from its source to its mouth, but not to lands on the River in the State of Missouri. I have transmitted your communication and accompanying papers, with a copy of this letter, to the Commissioner of the General Land Office.

.I have the honor, &c.,

MESSES. A. C. DODGE, and others.

R. J. WALKER,
Sec. of Treasury.

On the 11th January, 1849, the Commissioner of the General Land office in his report to Congress, estimates the lands of the Des Moines River Grant to amount to 900,000 acres, which would extend the grant to the source of the river, the lands lying below the Raccoon Forks, within the limits of the grant, as shown by the certified lists, being less than 331,000 acres.

On the 1st June, 1849, the Commissioner of the General Land office, directed the Register and Receiver of the Land Office at Iowa City, "to withhold from sale all lands situated in the oddnumbered sections within five miles on each side of the Des Moines River above the Raccoon Forks," and "enclosed a diagram upon which the State selections above that point were colored yellow." The diagram extended to 83 N. 26 W. as far as the surveys had then progressed in that direction.

On the 19th December, 1849, the Commissioner of the General Land office wrote the Board of Public Works, in answer to its request "for lists of lands of the Des Moines River grant above the Raccoon Forks," saying "that the lists had not been furnished, for the reason that the posting of the land warrants in the Iowa City district was not completed in his office until recently," and adds, "the list is now in course of preparation, and will be ready for transmission at an early day."

On the 13th March, 1850, the Commissioner of the General Land Office submitted to the Secretary of the Interior, three lists of land, the first of which had the following heading:

"No. 1. Showing the tracts falling within the limits of the "Des Moines River grant, above the Raccoon Forks, &c., under "the decision of the Secretary of the Treasury, of March 2d, "1849."

On the 6th April, 1850, the Secretary of the Interior, (Mr. Ewing,) in a communication to the Commissioner of the General Land office, reversed the decision of Secretary Walker of March 2d, 1849, but directed the withholding the lands from sale, until an explanatory act could be passed by Congress.

The authorities of Iowa protested against this decision of Mr. Ewing, and appealed therefrom to the President. He referred the matter to the Attorney General, (Mr. Johnson,) who, on the 19th July, 1850, made his report, giving it fully as his opinion, that by the terms of the grant itself, it extended along the Des Moines River to its very source.

Previous to the publication of this opinion President Taylor died, and a new Cabinet was formed, before any further action was taken in the matter.

The question was submitted to the Attorney General, (Mr.

Crittenden,) who on the 30th June, 1851, decided that in his opinion the grant did not extend above the Raccoon Fork.

The Secretary of the Interior, (Mr. Stewart,) at first concurred in this opinion, but afterwards consented to bring the whole matter before the President and Cabinet, who made a decision favorable to the claim of the State.

On the 29th of October, 1851, Mr. Stewart directed the Commissioner of the General Land Office "to submit for his approval such lists as had been prepared, and to proceed to report for like approval lists of the alternate sections claimed by the State of Iowa above the Raccoon Forks, as far as the surveys have progressed, or may hereafter be completed and returned.”

On the following day three lists of lands were prepared in the General Land Office,-the headings will show their purposes, and are as follows:

"List No. 1, showing the tracts falling within the limits of the Des Moines River grant above the Raccoon Fork of the Des Moines River, as far as the surveys have extended, under the decision of the Secretary of the Treasury of the 2d of March, 1849, that such grant extended to the North boundary of the State.

"List No. 2, showing tracts disposed of within those limits in the intervals between the date of one of the previous orders limiting the grant, and one of those extending it above the Fork.

"List No. 3, showing the lands vacant and subject to the claim of the State."

The third of these lists was submitted to the Secretary of the Interior for his approval, to which he appended the following state

ment:

DEPARTMENT OF THE INTERIOR,
OCTOBER 30th, 1851.

}

"The selections embraced in the within list (No. 3,) are hereby approved, in accordance with the views expressed in my letter of the 29th instant, to the Commissioner of the General Land Office, subject to any rights which may have existed at the time the selections were made known at the Land Office by the Agent of the State, it being expressly understood that this approval conveys to the State no title to any tract or tracts which may have been sold or otherwise disposed of, prior to the receipt by the Local Land Officers, of the letter of the Commissioner of the General Land

Office, communicating the decision of Mr. Secretary Walker, to the effect that the grant extended above the Raccoon Fork." ALEX. H. H. STUART, Sec'y.

The lands approved and certified to the State of Iowa under this grant and all lying above the Raccoon Fork, are as follows:

By Secretary Stuart, Oct. 30, 1851,..

March 10, 1852,..

By Secretary McClellan, Dec. 17, 1853,.

..81,707,93

143,908,37

.33,142,43

.12,813,51

Acres,.....271,572,24

Dec. 30, 1853,..

The list which was approved by the Secretary of the Interior on the 17th of Dec., 1853, was headed as follows: "A list showing the vacant lands in the odd-numbered sections above the Raccoon Fork and within five miles of the Des Moines River, so far as the surveys have progressed, falling to the State of Iowa under the act of the 8th of August, 1846, as construed by the Secretary of the Treasury in his letter of the 2d of March, 1849, and of the Secretary of the Interior of the 29th of October, 1851, which have not been heretofore approved."

This list was approved in these words:

DEPARTMENT OF THE INTERIOR,
DECEMBER 17th, 1853.

"The selections in the within list are hereby approved to the State of Iowa, under the act of the 8th of August, 1846, without prejudice to the rights, if any there be, of other parties." R. MCCLELLAN, Sec'y.

The words "without prejudice to the rights, if any there be, of other parties," were intended to protect locations of portions of odd-numbered sections along the Des Moines River, above the Raccoon Fork, which had been made prior to the receipt of Mr. Sec retary Walker's decision of the 2d of March, 1849, by the District Land Office.

On the 6th of January, 1854, the Commissioner of the General Land Office wrote the Superintendent of Public Instruction of the State of Iowa, as follows:

"Sir:-Herewith I inclose a copy of a list of lands falling to the State of Iowa, under the act of August 8th, 1846, selected by

the State under the act of September 4th, 1841, and approved before the grant for the improvement of the Des Moines River was adjusted as far as the Township embraced by the list which was approved by the Secretary of the Interior on the 30th ultimo. The quantity of land thus approved under the act of the 8th of August, 1846, is 12,813,51 acres. These lands were selected on the 20th of July, 1850, and embraced by lists Nos. 49 to 54, inclusive, and in lieu thereof the State is entitled to select an equal quantity elsewhere. Be pleased to acknowledge the receipt of this communication. I am, your ob't. serv't.,

THOMAS H. BENTON, JR., ESQ.

JOHN WILSON, Com'r.

The above lands, 12,813,51 acres, had been selected as a portion of the 500,000 acre grant from among the odd-numbered sections lying within five miles of the Des Moines River and above the Raccoon Fork, and according to the constructions which prevailed when the above letter was written, this land, so selected as school lands, had been previously appropriated by Congress to the Des Moines River Improvement Fund. Hence the Superintendent of Public Instruction was directed to select other lands in lieu of this amount, which had been erroneously selected for school purposes.

The Commissioner and Register of the Des Moines River Improvement in their report to the Governor, made Nov. 30, 1852, estimate the lands of the Des Moines River Grant, including those then in possession of the State, and those to be surveyed and approved at nearly a million of acres as available for the future prosecution of the work of the improvement. They state the indebtedness then existing against the Des Moines River Fund, to be about $108,000-and estimate the work to be done to amonnt to $1,200,000.

The General Assembly, by Act approved January 19th, 1853, authorized the Commissioners "to sell all and any lands which have been, or may hereafter be granted" for not less than $1,300,000.

On the 24th January, 1853, the General Assemby provides for the election of a Commissioner by the people, and appoints George G. Wright of Van Buren county, and Uriah Biggs of Wapello county, Assistant Commissioners, with authority to make a con