Report on the lands of the arid region of the United States, with a more detailed account of the lands of Utah

by John Wesley Powell; Willis Drummond; Clarence E. Dutton; Grove Karl Gilbert; A. H. Thompson

Section 6 said that the mails were to be transported at all times at such price as Congress might direct.

By the seventh section the grant was extended, on the same terms and conditions, to the States of Alabama and Mississippi, for the purpose of aiding in the construction of a road from Mobile to connect with the first above named road.

While this was not the first concession of lands in favor of railroads, it may properly be considered the initiatory measure of the present system. It granted specific sections instead of one-half of a certain number of sections; provided in positive terms for “indemnity” for lands lost to the grant; designated the manner in which the lands should be disposed of; increased the price of the reserved sections within the “granted” limits; provided for reversion in case of default, and virtually established a form of grant which was differed from but little in succeeding donations. It was the first railroad grant that became effective, for of all previous ones none appear to have been developed. The roads are now known as the Illinois Central and branches, and the Mobile and Ohio.

For the following two years no grants of importance were made, until by an act approved June 10, 1852, a donation was made to the State of Missouri for the construction of certain roads therein, now known as the Hannibal and Saint Joseph, and the Missouri Pacific, Southwest Branch. This grant was similar in character and extent to that to Illinois, save two sections—one providing for the disposal of the lands, and the other directing the Secretary of the Interior to offer at public sale, from time to time, at the increased price, the “reserved” or Government sections. The section respecting the disposal of the lands is as follows: “That the lands hereby granted to said State shall be disposed of by said State in manner following, that is to say: that a quantity of land, not exceeding one hundred and twenty sections on each road, and included within a continuous length of twenty miles of said road, may be sold; and when the governor of said State shall certify to the Secretary of the Interior that said twenty miles of road is completed, then another like quantity of land, hereby granted, may be sold; and so from time to time until said road is completed; and if said road be not completed within ten years, no further sales shall be made, and the lands unsold shall revert to the United States.”

With the exceptions stated, and the omission of the clause requiring the State to reimburse the Government for lands sold, the grants are identical.

That act was followed by an act approved February 9, 1853, making, under like conditions and impositions, a similar grant to Arkansas, in aid of certain roads in that State. In this, however, the clause or section directing the Secretary to “offer” the lands was omitted.

For the next three years Congress seems to have been quite as liberal in donations for other purposes, but no grants were made in aid of railroads, unless note be made of a grant to Minnesota by act of June 29, 1854, which was repealed in August following.

By that act there was granted to the Territory of Minnesota, for the purpose of aiding in the construction of a railroad from the southern line of said Territory, via Saint Paul, to the eastern line of the Territory in the direction of Lake Superior, “every alternate section of land designated by odd numbers for six sections in width on each side of said road within said Territory”; but in case it should appear that the United States had, when the line of the road was definitely fixed, sold any section or any part thereof granted, or that the right of preëmption had attached to the same, then it should be lawful for any agent or agents to be appointed by the governor of said Territory, subject to the approval of the Secretary of the Interior, to select lands from alternate sections within fifteen miles of the road to make up the deficiency. The lands granted were to be applied to the construction of the road only. Section 2 increased the price of the “reserved” tracts.

Section 3 provided that the lands should be disposed of by the legislature for the purposes aforesaid and were not to inure to the benefit of any company then constituted or organized. The road was to remain a highway, as in previous grants; and the lands could not be sold until they had first been “offered” at the increased price.

By section 4 no title was to vest in said Territory or patent issue for any part of the lands until a continuous length of twenty miles of said road had been completed; and when the Secretary of the Interior was satisfied that any twenty continuous miles of said road had been completed, then patent was to issue for a quantity not exceeding one hundred and twenty sections of land; and so on from time to time until the road was completed. If the road was not completed within ten years no further sales could be made, and the lands remaining unsold were to revert.